Westridge Homeowners Association

County Regulatory Policies

Curfews

CHAPTER 5
COUNTY REGULATORY POLICIES
5.95 CURFEW ORDINANCE FOR MINORS
AN ORDINANCE IMPOSING A CURFEW FOR MINORS WHO HAVE NOT REACHED THEIR EIGHTEENTH BIRTHDAY; MAKING IT UNLAWFUL FOR ANY PARENT, GUARDIAN, OR OTHER PERSON HAVING LEGAL CUSTODY OF SUCH MINOR KNOWINGLY TO ALLOW SUCH MINOR TO VIOLATE SAID CURFEW; PRESCRIBING THE PENALTY FOR VIOLATIONS; PROVIDING FOR ENFORCEMENT; AND PROVIDING FOR THE DISPOSITION OF FINES
[Curfew Ordinance, approved by Resolution No. CC95-649, becomes effective December 21, 1995] (CC95-649)
5.95.1 CURFEW.
It shall be unlawful for any person who has not reached his or her eighteenth birthday to be or remain upon any public road, street, or alley, to be or remain in any establishment open to the public, or to be or remain in any other public place in the unincorporated area of Jefferson County after the hour of 11:00 p.m. on any Sunday, Monday, Tuesday, Wednesday, or Thursday, or after the hour of 12:00 midnight on any Friday or Saturday, or prior to the hour of 5:00 a.m. on any day, except: (CC95-649)
5.95.1.1 When accompanied by a parent, guardian, or other person having legal custody of such minor; or
5.95.1.2 When traveling for lawful employment or for one-half hour before or after such employment when commuting directly to or from such employment and when carrying an employer's written and signed statement specifying the type, hours, and place of employment; or
5.95.1.3 When accompanied by a person who has reached his or her eighteenth birthday and who has in his or her possession the written and signed consent of the parent, guardian, or other person having legal custody of the minor; or
5.95.1.4 When attending or traveling directly to or from an activity involving the exercise of First Amendment rights of free speech, freedom of assembly or freedom of religion; or
5.95.1.5 When traveling directly to or from a recreational activity or dance sponsored by a public or private school, or a charitable or non-profit organization; or
5.95.1.6 When traveling directly to or from a sporting event; or
5.95.1.7 When a person is legally emancipated in accordance with Colorado or other applicable law. (CC95-649)
5.95.2 KNOWINGLY ALLOWING OR PERMITTING VIOLATION OF CURFEW. (CC95-649)
It shall be unlawful for any parent, guardian, or other person having legal custody of any minor who has not reached his or her eighteenth birthday knowingly to allow or permit any such minor to be or remain upon any public road, street, or alley, to be or remain in any establishment open to the public, or to be or remain in any other public place in the unincorporated area of Jefferson County after the hour of 11:00 p.m. on any Sunday, Monday, Tuesday, Wednesday, or Thursday, or after the hour of 12:00 midnight on any Friday or Saturday, or prior to the hour of 5:00 a.m. on any day, except: (CC95-649)
5.95.2.1 When accompanied by a parent, guardian, or other person having legal custody of such minor; or
5.95.2.2 When traveling for lawful employment or for one-half hour before or after such employment when commuting directly to or from such employment and when carrying an employer's written and signed statement specifying the type, hours, and place of employment; or
5.95.2.3 When accompanied by a person who has reached his or her eighteenth birthday and who has in his or her possession the written and signed consent of the parent, guardian, or other person having legal custody of the minor; or
5.95.2.4 When attending or traveling directly to or from an activity involving the exercise of First Amendment rights of free speech, freedom of assembly or freedom of religion; or
5.95.2.5 When traveling directly to or from a recreational activity or dance sponsored by a public or private school, or a charitable or non-profit organization; or
5.95.2.6 When traveling directly to or from a sporting event; or
5.95.2.7 When a person is legally emancipated in accordance with Colorado or other applicable law.
The term "knowingly" as used herein includes knowledge which a parent, guardian, or other person having legal custody of a person who has not reached his or her eighteenth birthday reasonably should be expected to have concerning the whereabouts of said minor. (CC95-649)
5.95.3 PENALTY FOR VIOLATIONS (CC95-649)
Any person who violates any provision of this ordinance commits a Class II Petty Offense and, upon conviction thereof, shall be punished by a fine of not more than $300 for each separate violation. (CC95-649)
5.95.4 ENFORCEMENT. (CC95-649)
This ordinance shall be enforced by the Jefferson County Sheriff, Undersheriff, and deputies. (CC95-649)
5.95.5 DISPOSITION OF FINES. (CC95-649)
All fines imposed and collected pursuant to this ordinance shall be paid to the Treasurer of Jefferson County. (CC95-649)
5.95.6 SEVERABILITY. (CC95-649)
If any section, subsection or clause of this ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby. (CC95-649)
5.95.7 EFFECTIVE DATE. (CC95-649)
This ordinance shall take effect thirty (30) days after final publication following passage. (CC95-649) (Final publication occurred on November 21, 1995.)

Operation and Parking of Motor Vehicles

CHAPTER 5
COUNTY REGULATORY POLICIES
5.55 ORDINANCE - REGULATION OF THE OPERATION AND PARKING OF MOTOR VEHICLES
(CC83-620; CC83-621; CC84-684; Revised November 27, 1990; CC94-748 SEE NOTE ONE AT END OF THIS SECTION; CC95-617 SEE NOTE TWO AT END OF THIS SECTION)
5.55.1 DEFINITIONS. As used in this ordinance, unless the context otherwise requires:
5.55.1.1 "Driver" means every person who drives or is in actual physical control of a motor vehicle. (CC83-620)
5.55.1.2 "Highway" means the entire width between the boundary lines of every right-of-way maintained by the County when any part thereof is open to the use of the public for purposes of vehicular travel. (CC84-684)
5.55.1.3 "Major motor vehicle,” means any motor vehicle:
Eight (8) feet or more in width including the truck bed; and/or
Twenty-Five (25) feet or more in length;
Regardless of size, a truck tractor, road tractor or semi-trailer.
The term "major motor vehicle" shall not include those vehicles defined as authorized emergency vehicles in Section 42-1-102(5), C.R.S. (CC84-684)
5.55.1.4 "Major recreational vehicle" means a vehicle: (CC84-684)
5.55.1.4.1 Designed to provide temporary living quarters and which is built into, as an integral part of or a permanent attachment to a motor vehicle chassis or van which is used primarily for pleasure, enjoyment, other recreational purposes, or family transportation of the owner, lessee or occupant; or
5.55.1.4.2 With wheels having an overall width not exceeding eight (8) feet and an overall length, excluding towing gear and bumpers, of not more than thirty-two (32) feet, without motive power, which is designed to be drawn by a motor vehicle and to provide temporary or permanent living quarters, and which is used primarily for pleasure, enjoyment, other recreational purposes, or family transportation of the owner, lessee or occupant.
5.55.1.5 "Motor vehicle" means any self-propelled vehicle which is designed primarily for travel on the public highways and which is generally and commonly used to transport persons and property over the public highways. (CC83-620)
5.55.1.6 "Moving." A vehicle shall not be considered to have been moved unless it remains absent from the location in question for more than eight (8) hours. (CC84-684)
5.55.1.7 "Official traffic control devices" means all signs, signals, markings, and devices, not inconsistent with State law, placed or displayed by authority of a public body or official having jurisdiction, for the purpose of regulating, warning or guiding traffic. (CC83-620)
5.55.1.8 "Owner" means a person who has, holds, possesses, or owns the legal title to a vehicle or in the event a vehicle is the subject of any agreement for the conditional sale or lease thereof with the right of purchase upon performance of the conditions stated in the agreement and with the immediate right of possession vested in the conditional vendee or lessee, or in the event a mortgagor of a vehicle is entitled to possession, then such conditional vendee or lessee or mortgagor shall be deemed the owner, or parties otherwise having lawful use or control or the right to use or control a motor vehicle for a period of thirty (30) days or more. (CC83-620)
5.55.1.9 "Park or parking" means the standing of a motor vehicle, whether occupied or not, other than very briefly for the purpose of, and while actually engaged in, loading or unloading property or passengers. (CC83-620)
5.55.1.10 "Peace officer" means every person authorized to direct or regulate traffic or to make arrests for violations of traffic regulations in Jefferson County including any Jefferson County Sheriff's Deputy. (CC83-620; CC94-748)
5.55.1.11 "Person" means every individual, firm, partnership, association, corporation or limited liability company. (CC83-620)
5.55.1.12 "Residential district" means the territory contiguous to and including a highway, when fifty percent (50%) or more of the frontage thereon for a distance of three hundred (300) feet or more is occupied by dwellings. (CC84-684)
5.55.1.13 "Stand or standing" means the halting of a motor vehicle, whether occupied or not, other than momentarily for the purpose of and while actually engaged in receiving or discharging passengers. (CC83-620)
5.55.1.14 "Stop or stopping" means the halting of a motor vehicle, even momentarily, whether occupied or not. (CC83-620)
5.55.1.15 "Trailer" means any wheeled vehicle, without motive power, which is designed to be drawn by a motor vehicle and which is generally and commonly used to carry and transport personal effects, articles of household furniture, loads of trash and rubbish, horses, or other property over the public highways. (CC84-684)
5.55.2 UNLAWFUL PARKING. (CC94-748)
It shall be unlawful for any person to operate, stand, park or stop a motor vehicle in any manner on any street or at any place in the unincorporated area of Jefferson County, where such movement or parking of motor vehicles has been restricted or prohibited by Resolution or Ordinance adopted by the Board of County Commissioners, except when necessary to avoid conflict with other traffic, or in compliance with the directions of a peace officer or official traffic control device. (CC83-620, CC94-748)
5.55.3 PENALTY ASSESSMENT. (CC94-748)
In addition to other remedies, penalties, fees and costs provided for in this Chapter 5.55, the penalty assessment procedure provided in Section 16-2-201, C.R.S. 1973, shall be followed for any violation of Section 5.55.1 of this ordinance. (CC94-748)
5.55.4 NOTICES ON ILLEGALLY PARKED VEHICLES. (CC94-748)
Whenever any motor vehicle is found standing, parked or stopped on any street or property in violation of any of the restrictions imposed by this Chapter, any peace officer shall take the vehicle's registration number and may take any other information displayed on the vehicle which may identify its owner, and shall hand to the occupant of such vehicle or, if the vehicle is unoccupied, shall conspicuously affix to such vehicle a penalty assessment notice or summons and complaint, on the form authorized in Section 16-2-201(2), C.R.S. 1973 directing the owner thereof to respond to and answer the charge at the place and time specified in said notice or summons and complaint, or pay the penalty no later than that date and time to the Jefferson County Treasurer, 100 Jefferson County Parkway, Golden, Colorado 80419. (CC83-620, CC94-748)
5.55.5 FAILURE TO COMPLY WITH NOTICE OR SUMMONS ATTACHED TO PARKED VEHICLE. (CC94-748)
If there is no response to the notice or summons within the time specified on the penalty assessment notice or summons as provided in Section 5.55.4, by appearance and payment at the place and time specified in the penalty assessment notice or summons or by mailing payment by means of United States mail, postage prepaid, or by other disposition of the charge as provided by law, the Office of the Clerk of the Combined Courts may send another notice by mail to the owner of the motor vehicle informing the owner of the violation and specifying the time and place for the owner to appear and pay or contest the charges alleged therein. If the owner has not made payment to the Jefferson County Treasurer within the time and date specified in the notice, the Clerk of the Combined Courts may issue an arrest warrant. (CC83-620, CC94-748)
5.55.6 PENALTY. (CC94-748; CC95-617)
Any person who violates the provisions of Section 5.55.1 of this ordinance is guilty of a class 2 petty offense and, upon entry of plea of guilty or conviction thereof, shall be punished by a fine of $25.00. If such person fails to pay the fine or to appear and contest the fine at the time and date specified, the fine shall be increased to $35.00. If such person fails to respond to the additional notice sent by the Clerk of the Combined Courts by the time specified therein, the fine shall be increased to $50.00. Such fines and forfeitures shall be collected by the Treasurer of Jefferson County and shall be paid into the treasury of Jefferson County, and are in addition to any other remedies, penalties, fees and costs provided for in this Chapter 5.55. (CC83-620, CC94-748; CC95-617)
5.55.7 PRESUMPTION - ILLEGAL PARKING. (CC94-748)
5.55.7.1 In any prosecution charging a violation of any provision of this ordinance, proof that the particular motor vehicle described in the complaint was standing, parked or stopped in violation of such ordinance, together with proof that the defendant named in the complaint was at the time of such standing, parking or stopping the registered owner of such vehicle, shall constitute prima facie evidence that the registered owner of such motor vehicle was the person who stood, parked or stopped such vehicle at the point where, and for the time during which, such violation occurred. (CC83-620)
5.55.7.2 Copies of the registration of any motor vehicle, certified as such by the State Motor Vehicle Department or the County Clerk and Recorder, shall be sufficient to establish ownership of such motor vehicle. (CC94-748)
5.55.8 REMOVAL AND IMPOUNDMENT. (CC94-748)
It is a public nuisance, traffic obstruction and grounds to impound the motor vehicle, for any person to park or leave unattended any motor vehicle upon any area or portion of a public street or place in violation of or contrary to a parking limitation or prohibition established pursuant to this Chapter, where such public street has been posted with a sign giving notice of such limitation or prohibition and notice that violators may be towed. This Section 5.55.7 shall be in addition to, and shall not supersede, the provisions of Part 18, Article 4, Title 42, C.R.S., regarding towing of abandoned vehicles. (CC94-748)
5.55.8.1 Costs of Impoundment. (CC94-748)
No vehicle shall be released from impoundment until the charges for impoundment and storage shall have been paid. (CC94-748)
5.55.8.2 Right to a Hearing. (CC94-748)
An owner may, within five (5) days after the impoundment, request a hearing to contest the parking violation or the validity of the impoundment. The request must be made to the Clerk of the Combined Courts of Jefferson County. An owner will be given a hearing within forty-eight (48) hours, excluding weekends and holidays, after the owner makes a request for a hearing. The court may waive or adjust any charges imposed by or described in this Section 5.55 whenever the impoundment was improper. (CC94-748)
5.55.8.3 Abandonment of Impounded Vehicles (CC94-748)
Any impounded vehicle not claimed within twenty-four (24) hours of the time of impoundment shall be treated as abandoned. The provisions of Part 18, Article 4, Title 42, C.R.S., regarding abandoned vehicles, shall apply to such vehicle. (CC94-748)
5.55.9 ORDINANCE - ALL-NIGHT PARKING OF MOTOR VEHICLES ON RIGHT-OF-WAY (CLEAR CREEK CANYON) (CC83-621)
5.55.9.1 No person, except physicians or other persons on emergency calls, or persons in emergency situations, shall park a motor vehicle on the right-of-way in Clear Creek Canyon along U.S. Highway 6 in unincorporated Jefferson County, for a period of time longer than thirty (30) minutes between the hours of 10:00 p.m. and 5:00 a.m. of any day. (CC83-621)
5.55.9.2 The Jefferson County Department of Highways and Transportation shall furnish and arrange for placement and maintenance of traffic control devices in accordance with Sections 42-4-502 and 503, C.R.S. 1973, (Vol. 1973 & 1982 Supp.) designating the portion of the right-of-way along U.S. Highway 6 where parking is prohibited pursuant to Section 5.55.10 of this ordinance. (CC83-621)
5.55.10 ORDINANCE - PARKING REGULATIONS ON COUNTY ROADS IN RESIDENTIAL DISTRICTS IN UNINCORPORATED JEFFERSON COUNTY (CC84-684)
5.55.10.1 It shall be unlawful for any person to park any motor vehicle upon any County highway within any residential district in unincorporated Jefferson County for a period in excess of thirty (30) consecutive days without moving said motor vehicle. (CC84-684)
5.55.10.2 It shall be unlawful for any person to park any major motor vehicle upon any County highway within any residential district in unincorporated Jefferson County, except for the purposes of loading, unloading or other immediate and active use. (CC84-684)
5.55.10.3 No major recreational vehicle or trailer shall be parked on any County highway within any residential district in unincorporated Jefferson County for a period in excess of two (2) weeks for any one-year period. (CC84-684)
5.55.10.4 It shall be unlawful for any person to park any motor vehicle or trailer for sale upon any County highway within any residential district in unincorporated Jefferson County. (CC84-684)
5.55.10.5 No citation or summons and complaint shall issue for violation of Regulations 5.55.10.1, 5.55.10.2 and 5.55.10.3 above unless there are at least two (2) or more complaining witnesses from separate households who shall have signed such complaint or citation and who shall have signed an affidavit stating (a) the complainant's name, address and telephone number, (b) if a violation of Regulation 5.55.10.1 is alleged, that the motor vehicle was parked for a period in excess of thirty (30) consecutive days without being moved, © if a violation of regulation 5.55.10.3 is alleged, that the major recreational vehicle or trailer was parked for a period in excess of two (2) weeks for any one-year period. (CC84-684
5.55.10.6 The enforcement of these regulations shall be governed by Jefferson County Ordinance 5.55.1 through 5.55.8. (CC84-684)
5.55.11 ORDINANCE - RESTRICTING PARKING TO SPECIFIED HOURS AND DAYS (Adopted November 27, 1990)
5.55.11.1 The Department of Highways and Transportation is hereby authorized to determine that there is a need to restrict parking of motor vehicles in a designated residential area by persons who do not reside in that area who seek access to nearby public buildings or facilities, including schools, based on a finding that unrestricted parking could: (Adopted November 27, 1990)
5.55.11.1.1 Cause hazardous traffic conditions in the residential area.
5.55.11.1.2 Produce excessive auto emissions, noise, trash and refuse.
5.55.11.1.3 Unreasonably burden access by area residents to their residences; or
5.55.11.1.4 Damage the character of those areas as residential districts and diminish the value of property in those areas.
5.55.11.2 Said determination shall not be made unless at least 60 percent (60%) of the households within the designated area support such determination. (Adopted November 27, 1990)
5.55.11.3 The boundaries of the area within which parking will be restricted shall be determined by the Director of the Department of Highways and Transportation. (Adopted November 27, 1990)
5.55.11.4 Upon a determination of need and area as set forth in Section 5.55.11.1 and 5.55.11.3, and upon a resolution of approval by the Board of County Commissioners, the Department of Highways and Transportation may post signs pursuant to this ordinance in the area determined to be adversely impacted to limit the duration of parking, to designate certain no parking areas, to limit parking during designated hours to residents of such area, to provide notice that motor vehicles parked illegally in such areas are subject to impoundment, and/or to impose any other restrictions reasonably necessary to mitigate the parking problem and associated harm. (Adopted November 27, 1990)
5.55.11.5 If the parking restriction limits parking to residents of the area, resident permits shall be obtained from the Department of Highways and Transportation and dispensed by the homeowner's association, and if there is no association, then by the residents. The homeowner's association or residents shall be required to compensate the County for the cost of the permit. (Adopted November 27, 1990)
5.55.11.5.1 Parking permits shall be distributed to all residents of the designated area who desire a permit.
5.55.11.5.2 Additional permits may be distributed to residents to be used for their guests; however, in no event may such permits be used for regular parking privileges by persons who do not reside in the area and who seek access to nearby public buildings or facilities, including schools.
5.55.11.6 Any resident permit shall be affixed to the left-hand corner of the rear bumper of the vehicle. (Adopted November 27, 1990)
5.55.11.7 This ordinance shall not apply to emergency vehicles responding to an emergency or to delivery vehicles that are in the process of making a delivery within the restricted area. (Adopted November 27, 1990)
5.55.11.8 This ordinance shall be enforced pursuant to the provisions of 5.55.1 through 5.55.8. (Adopted November 27, 1990)
NOTE ONE: Parking Ordinance, approved by Resolution CC94-748, becomes effective November 13, 1994.
NOTE TWO: Parking Ordinance, approved by Resolution CC95-617, becomes effective December 2, 1995.