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Home My WebLink AboutPACKET Public Safety 2007-04-26PUBLIC SAFETY COMMITTEE AGENDA April 26,2007 8:00 A.M. PUBLIC COMMENT FIRE DEPARTMENT Action 1. Lock Box Ordinance 2. 1008 Anniversary Statue Reports 1. POLICE DEPARTMENT Action 1. PropertyRoom.com Contract 2. Cat Ordinance 3. Model Traffic Code Revisions 4. Code Enforcement Officer 5. Smoking Ordinance Reports 1. NOTE: The Board of Trustees (or Public Safety Committee) reserves the right to consider other appropriate items not available at the time the agenda was prepared. hp LaserJet 3015 40._. HP LASERJET FAX invent Apr-23-2007 11:10AM Fax Call Report Job Date Time Type Identification Duration Pages Result 372 4/23/2007 10:58:47AM Send 5869561 0:33 1 OK 373 4/23/2007 10:59:25AM Send 5869532 0:00 0 Busy 374 4/23/2007 11:01:00AM Send 5869532 0:00 0 Busy 375 4/23/2007 11:06:37AM Send 5869532 0:47 1 OK 376 4/23/2007 11:07:29AM Send 5861691 0:51 1 OK 377 4/23/2007 11:08:25AM Send 6353677 0:49 1 OK 378 4/23/2007 11:09:19AM Send 5771590 0:56 1 OK MEMORANDUM To: Public Safety Committee Frorn: Fire Chief Scott Dorman Date: April 19,2007 Subject: Knox Box System Background: A Knox Box is a rapid entry system that was specifically developed for Fire Departments, using a computer cut master key, to gain access to certain commercial and residential properties. More than 7,000 fire departments nationwide currently use a Knox Box system in their communities. In most communities it is required through the Fire Code, although some communities do have separate ordinances requiring the system. The Estes Park Volunteer Fire Department has encouraged property owners to voluntarily install a Knox Box on their property in an effort to provide rapid access in the event of an emergency. Some properties in and around Estes Park are currently using this system. This ordinance has been reviewed by Town Attorney Greg White. This ordinance was most recently brought to committee in February and the committee requested additional information including: The number ofbusinesses that may be affected, costs for replacing commercial doors, and notification to the public of the proposed ordinance. Attached is a spreadsheet outlining the number of businesses that are currently being monitored by an alarm monitoring service. This may not reflect the total number of automatic alarms or sprinkler systems within the town limits as some may not be monitored. Additionally, the estimated cost for commercial door replacement is included. A press release was given to the CVB and to the local newspapers explaining the proposed ordinance and inviting concerned citizens to the April 26,2007 Public Safety Committee meeting. Enclosed is a copy of the press release. Budget: All Town-owned buildings, with the exception of the Dannels Fire Station, would be required to have a Knox Box installed i f they have not already done so. The cost of each box is $239. Recommendation: Staff recommends the adoption of an ordinance requiring the installation and use of a Knox Box system for certain busines& and special properties as identified in the ordinance. Press Release On April 26,2007 the Estes Park Volunteer Fire Department will be requesting the Public Safety Committee to recommend to the Town Board, that a Lock Box Ordinance be initiated for certain types of structures and occupancies within the Town limits. A lock box is a secure device made by the Knox Company and is installed on the exterior of the building to allow the fire department to have access to a key 24 hours a day, in an event of an automatic fire alarm or an emergency. The proposed ordinance would require a Knox lock box on all commercial and industrial structures that are protected by an automatic fire alarm and/or sprinkler system, all multi-family residential structures that have restricted access through locked doors and have a common corridor for access to the living units, structures owned or occupied by political subdivisions, hospitals and residential health care facilities. The current one-time cost to the property owner for a basic lock box is $239.00. The box can be easily purchased online and installed by the property owner. 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AN ORDINANCE REQUIRING STRUCTURES TO HAVE A KEY LOCK BOX INSTALLED ON THE EXTERIOR OF THE STRUCTURE FOR FIRE SAFETY PURPOSE WHEREAS, the Board of Trustees has determined that the health, safety, and welfare of the citizens of the Town of Estes Park are promoted by requiring certain structures to have a key lock box installed on the exterior of the structure to aid the Estes Park Volunteer Fire Department in gaining access to the structure when responding to calls for emergency service; and WHEREAS, the key lock box system is being adopted nationally and will operate on a master key basis that will expedite entry into a structure during an emergency; and WHEREAS, the key lock box system will eliminate forced entries into structures thereby avoiding costly and time-consuming efforts in gaining access to locked structures during an emergency. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO as follows: SECTION 1: The Municipal Code of the Town of Estes Park is hereby amended with the addition of the following Section 8.04.091: Sec. 8.04.091. Key Lock Box System. (a) The following structures shall be equipped with a key lock box at or near the main entrance or such other location as approved by the fire chief: (1) - commercial or industrial structures protected by an automatic alarm system or automatic suppression system, or such structures that are secured in a manner that restricts access during an emergency; (2) multi-family residential structures that have restricted access through locked doors and have a common corridor for access to the living units; (3) structures owned or occupied by Colorado political subdivisions; (4) Hospitals and residential health care facilities. (b) All newly constructed structures subject to this section shall have the key lock box installed and operational prior to the issuance of an occupancy permit. All structures in existence on the effective date of this section and subject to this section shall have one year from the effective date of this section to have a key lock box installed and operational. (c) The fire chief shall designate the type of key lock box system to be implemented within the Town and shall have the authority to require all structures to use the designated system. (d) The owner and/or occupier of a structure required to have a key lock box shall, at all times, keep a key in the lock box that will allow for access to the structure. (e) The fire chief shall be authorized to implement rules and regulations for the use of the lock box system. 0 Any person who owns or occupies a structure in violation of this section shall be subject to the penalties set forth in section 1.20.010 of this code for any violation of this section. SECTION 2: This Ordinance shall take effect and be enforced thirty (30) days after its adoption and publication. PASSED AND ADOPTED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO, THIS DAY OF ,2007. TOWN OF ESTES PARK. By: Mayor ATTEST: Town Clerk .. I hereby certify that the above Ordinance was introduced and read at a meeting of the Board of Trustees on the day of , 2007, and published in a newspaper of general circulation in the Town of Estes Park, Colorado on the day of ,2007. Town Clerk 1- r , MEMORANDUM To: Public Safety Committee From: Fire Chief Scott Dorman Date: April 19,2007 Subject: 100 FD Anniversary Statue Background: January 20,2007 was the 100 Anniversary ofthe Estes Park Volunteer Fire Department. In commemoration o f this event and to honor the 100 years o f volunteer fire service to the community, the Town has budgeted $20,000 towards the purchase of a statue, to be located at the Dannels Fire Station. Staff has researched various statues and has spoken with a number of sculptors. The cost of an "original piece" can run $40,000 and up, with over a one year completion time. Bronzes can be purchased from existing molds for a little less money and a considerably shorter delivery time. Staffhas narrowed down three bronze statues and sculptors for consideration, they are: 1. "Human Spirit" by Jack Kreutzer, a bronze statue that is in Spring Creek Park in Fort Collins honoring the rescuers of the Spring Creek flood. This would need to be modified to a single person. The estimated cost is $30,000 with a 9 month completion time. 2. Large praying firefighter, unknown sculptor. This piece is a cast of a kneeling firefighter with head-in-hand, cost $26,660 plus shipping with 18 week delivery time. 3. "Heart to Help" by Joseph Kinkel, a bronze piece of a firefighter with dog responding to a call and putting on his bunker coat. The cost is $35,000 complete. The piece would be available without the dog for $30,000. There is no charge for delivery and the sculptor will oversee the installation. Completion time is 3-4 months. Installation for any of the statues would require that a concrete pad be poured and a barrier of some type be installed to protect the statue. The estimated cost for a poured concrete pad is $500 and to install two large boulders and site preparation is around $2,000. Some of the site and concrete work may be donated by local contractors. Additionally, a plague of some type should be considered to commemorate the 100 years of volunteer firefighting. An estimated cost for a plague is $500. The total cost for the modified statue would be as follows: "Heart to Help" statue (without dog)- $30,000 Concrete pad- $ 500 Site work- $ 2,000 Bronze Plague- $ 500 Total estimated cost $33,000 Budget: Currently there is $20,000 budgeted under line item 101 2200 422.33-31. The remaining $13,000 could be generated by one or more of the following ways: 1. Have a local service club take on the fundraising effort 2. Place donation cans around town 3. Solicit donations in the newspapers 4. Solicit donations by mail (separate from VFD fundraising effort) 5. Solicit donations from insurance companies 6. Host a fundraising event, i.e. dance, party, silent auction 7. GolfTournament 8. Sell engraved bricks for the foundation 9. Donations from local contractors Recommendation: Staff recommends purchasing the "Heart to Help" statue by Joseph Kinkel for $30,000 (without the dog). This bronze piece reflects the true spirit of a volunteer firefighter, always ready and willing to respond. The sculptor has reduced the price from $38,000 to $35,000 for the complete piece and was willing to modify the piece by removing the dog and lowering the price to $30,000. The market price on this statue is $58,000. Mr. Kinkel was very interested in having this piece in Estes Park. He is a sculptor from Longmont and currently this statue is not in any other Colorado community. Staff also recommends establishing a committee to secure the needed funding from one or more of the above suggested sources. X r... tt A , V -r+ -..........Ill...21 ./ .Z: I *, 01 --4 . U#gll ./ ItÂ· b ..4,!fi' /4, I R 9#4:l L. 1 ~1.4. 1- 1-9 â€¢ --:-. < i 1 L *I Allit wile miwgi e , 414&:LoiliEZEr jililillillill tr' r , 4X L , 4 Â«i,4 .r, /. -4774 1 4 I , 14'~ 1 - *i.&,1- I ,/Imt.".- 1 t64. . 2 4,1,- , .4 - ..4 46- 7.1- full' ..4 0*21*AN..... bÂ·,r .;,1# It*f>f~ ' '4 I â‚¬ IJ: 901:0467"/Ir I it'& ,/;. 43 .% I *4 .Ii q.~ Page I of l / ,i J k - llÂ£ ,~ 0.1 46, 644 4.r Â·. 4. c . ./ l *.kf 1 Estes Park Police Department Memo To: Chairman Newsom and Public Safety Committee From: Lowell Richardson, Chief of Police CC: Randy Repola, Town Administrator Date: April 24,2007 Re: Property management system Background Each year the Estes Park Police Department receives found property items and seized evidence that remain secured within Town facilities (police evidence room or fish hatchery) for disposition. Colorado state statute and Town ordinance provide explicit requirements for the legal disposal of these items. Typically, these items are sold off through an auction process or by some other means and all proceeds go back into the Town's general fund. In many instances, the disposal of these items exceed the one-year holding period required by Town ordinance taking up valuable storage space and staff time to facilitate proper disposition of these items. Last year the Police Department utilized PropertyRoom.com (which is comprised of retired police officers) which picked up the property, repairs items before the sale increasing the value, sells the property and splits the proceeds (75% for Town and 25% for PropertyRoom.com). This process allows the department to effectively dispose of the property and reduces the amount of staff time to facilitate the process. Budget/Costs There is no direct budge impact. However, use of PropertyRoom.com eliminates staff time required to perform this function. Recommendations Staff recommends renewal of annual contract for PropertyRoom.com. 1 PROPERTY DISPOSITION SERVICES AGREEMENT PropertyRoom.com, Inc., a Delaware corporation ("PropertyRoom"), enters into this agreement (the "Agreement"), with the customer identified below (the "Owner) for the auction and disposition of personal property (the "Disposition Services"), in accordance with the Terms and Conditions and Addenda, if any, attached hereto and listed below. Beginning , (the "Start Date") Owner engages the Disposition Services of PropertyRoom. This Agreement will terminate on , (the "Termination Date"), or at such other time as provided herein. OWNER INFORMATION: SCHEDULES, SUPPLEMENTS AND OTHER ATTACHMENTS: (Mark only if included) Estes Park Police Department [Owner Name] Terms and Conditions _yes 170 MacGregor Ave [Address] No Addendum - Estes Park,Co 80517 970-577-3828 [Phone] THIS AGREEMENT INCLUDING ALL OF THE TERMS AND CONDITIONS SET FORTH ON THE ATTACHED TERMS AND CONDITIONS, AND ALL OTHER ATTACHMENTS INDICATED IN THE BOX ABOVE, IS THE PARTIES' ENTIRE AGREEMENT AND CANNOT BE MODIFIED EXCEPT IN WRITING BY THE DULY AUTHORIZED REPRESENTATIVES OF BOTH PARnES. EXECUTED on the date(s) indicated below: [Legal Name of Owner] By: By: . r~ , i 11 j**L (3540 [Name and Title] By: [Name and Title] 2/7 By: [Name and Title] By: [Name and Title] PropertyRoom.com, Inc. 26421 Crown Valley Parkway, Suite 200 Mission Viejo, California 92691 Phone: 800-799-2440 Federal Tax ID 86-0962102 Rev 1/7/2006 Page 1 of 4 TERMS AND CONDITIONS 1. Property to be Sold. From time to time, Owner will designate items of personal property (the "Property") that it desires to provide to PropertyRoom for Disposition Services. PropertyRoom retains the right to accept or reject certain items in its sole discretion. 2. Title. Owner shall retain legal title to the Property until it is purchased by auction or otherwise disposed of in accordance with this Agreement at which time Owner will be deemed to have transferred title to the purchaser or other acquirer of the item of Property. Owner appoints PropertyRoom as its attorney-in-fact to sign any and all documents necessary to assign to purchasers of Property all of Owner's right, title and interest in and to Property sold or disposed. All cash receipts, accounts receivable, contract rights, notes, general intangibles, and other rights to payment of every kind, arising out of the sales and dispositions of Property (collectively the "Proceeds") belong to Owner, subject to PropertyRoom's right to PropertyRoom's Net Proceeds and funds attributable to Credit Card Costs and other transaction costs. Owner's Property shall, at all times before sale or disposition, be subject to the direction and control of Owner. 3. Method of Selling Property. PropertyRoom will, on Owner's behalf, list Property for sale by auction to the public on the World Wide Web of the Internet on one or more domain names selected by PropertyRoom. To the extent that any Property is not sold by auction, Properb,Room may, in any commercially reasonable manner selected by PropertyRoom, dispose of Property. PropertyRoom will determine all aspects, terms and conditions of auctions of Property and dispositions of Property not purchased at auction, subject to the ultimate control of Owner. PropertyRoom will be responsible for all phases of submitting the Property for auction, including, but not limited to, determining when Property will be auctioned, setting the opening and reserve prices of Property, if any; determining the selling price, setting the length of time a Product will be auctioned; creating text and graphics to describe and depict Property submitted for auction; collecting all purchaser information (such as purchasefs name, billing address, shipping address, and credit card information); approving purchasers' credit card purchase transactions; and collecting auction j proceeds for completed sales from purchasers. PropertyRoom shall use its best efforts in auctioning and selling the Property on the Internet and disposing of Property that does not sell at auction. PropertyRoom shall sell and dispose of all Properly "as is" without any liability to the Owner. PropertyRoom is solely responsible for identifying and resolving sales and use tax collection issues arising from Property sales, including the necessity of charging and collecting such taxes. 4. Allocation of Sales Proceeds. a. The total amount paid by the purchaser shall be called the "Sales Price". The Sales Price shall include the winning bid amount (the "Winning Bid") and all costs, shipping and handling charges, taxes, and insurance costs associated with the transaction and paid by the purchaser. b. For each item of Property, Owner will be credited with 50% of the first $1,000 of the Winning Bid and 75% of the portion, if any, of the Winning Bid that exceeds $1,000. From this amount, the owner's pro rata share of transaction fees, if any, assessed by the credit card processor ("Credit Card Costs") will be deducted. c. Credit Card Costs will be borne by Owner and PropertyRoom in proportion to the percentage of the revenue credited to the parties for each underlying transaction. d. Amounts received by the Owner will be called "Owner's Net Proceeds". The following example illustrates how proceeds of a sale are to be allocated. Assume an item of Property sells at auction for a Winning Bid of $100; the buyer pays shipping and handling of $10, insurance of $2, and sales tax of $6. The buyer pays the Sales Price of $118.00 by credit card, and the Credit Card Costs are 2% of the Sales Price. The Credit Card Cost is therefore $2.36 ($118 x .02). The Owner and PropertyRoom each share 50% of the underlying Winning Bid, therefore Credit Card Costs are also shared equally ($1.18 each). The Owner's Net Proceeds are $48.82 ($50.00 less $1.18). 5. Payment Terms. Not less than once every month, PropertyRoom will pay to Owner the amount of Owner's Net Proceeds payable for completed sales during the preceding month. Sales are deemed completed when all items comprising a line item on the original manifest or other list of Property are sold. With each payment of Owner's Net Proceeds, PropertyRoom will make available to Owner a detailed report setting forth the following information for the immediately preceding month: (i) the completed sales during the prior month, including the total amount of related proceeds collected, the Owner's and PropertyRoom's share of Credit Card Costs, the Owner's Net Proceeds; (ii) other dispositions of Property during the month; (iii) the Property, if any, inventoried by PropertyRoom at the end of the month. 6. PropertyRoorn's Obligations Concerning Property in Its Possession. With respect to Property in PropertyRoom's possession: (i) PropertyRoom will exercise due care in the handling and storage of any Property; (ii) Page 2 of 4 6/12/02 PropertyRoom shall keep the Property free of liens, security interests, and encumbrances, and shall pay when due all fees and charges with respect to the Property; (lii) PropertyRoom shall sign and deliver to Owner any UCC-1 financing statements or other documents reasonably requested by Owner; (iv) PropertyRoom shall obtain and maintain insurance in an amount (determined by PropertyRoom) not less than the replacement value of Property in its possession. The insurance will cover the Property against fire, theft, and extended coverage risks ordinarily included in similar policies. PropertyRoom shall give Owner a certificate or a copy of each of the upon Owner's request. 7. Ownefs Obligations. Owner will use its best efforts to provide to PropertyRoom such Property as becomes available for sale to the public. Owner will complete paperwork reasonably necessary to convey custodial possession of the item of property to PropertyRoom, including a written manifest or list that describes the item of Property in sufficient detail for identification. Owner agrees that it will not provide Property that is illegal or hazardous, including but not limited to explosives, firearms, counterfeit or unauthorized copyrighted material (knock-offs"), poisons or pharmaceuticals. 8. Restrictions on Bidding. PropertyRoom and its employees and agents may not directly or indirectly bid for or purchase auctioned Property on the PropertyRoom web site. 9. Representations and Warranties of Owner. Owner hereby represents, warrants and covenants as follows: (i) Property delivered to PropertyRoom is available for sale to the general public without any restrictions or conditions whatever; and (ii) Owner has taken all required actions under applicable law that are conditions precedent to Owner's right to transfer title to the Property to purchasers (the "Conditions Precedent"). 10. Books and Records. PropertyRoom will keep complete and accurate books of account, records, and other documents with respect to this Agreement (the "Books and Records") for at least three years following expiration or termination of this Agreement. Upon reasonable notice, the Books and Records will be available for inspection by Owner, at Ownefs expense, at the location where the Books and Records are regularly maintained, during normal business hours. 11. Term and Termination. Unless terminated earlier, the term of this Agreement will begin on the Start Date and terminate on the Termination Date. This Agreement may be terminated if there is a breach by either party of any obligation, representation or warranty contained in this Agreement, upon thirty days prior written notice to the other party unless the breach is cured within the thirty day period, provided, however, if the breach is not capable of being cured within thirty days, the breaching party will have a reasonable amount of time to cure the breach if it begins to cure during the thirty day period and proceeds diligently thereafter. The written notice will specify the precise nature of the breach. The rights of the parties to terminate this Agreement are not exclusive of any other rights and remedies available at law or in equity, and such rights will be cumulative. The exercise of any such right or remedy will not preclude the exercise of any other rights and remedies. Notwithstanding any termination by either party of this Agreement, PropertyRoom will continue to remit amounts due to Owner under this Agreement in connection with any sales made before the effective date of the termination. At the time of termination, any unsold inventory shall continue to be auctioned by Property Room or returned to Owner, at ownefs election and cost. 12. Indemnification. Subject to the limitations specified in this Section 12, each party will indemnify, hold harmless and defend the other party and its agents and employees from and against any and all losses, claims, damages, liabilities, whether joint or several, expenses (including reasonable legal fees.and expenses), judgments, fines and other amounts paid in settlement, incurred or suffered by any such person or entity arising out of or in connection with (i) the inaccuracy of any representation or warranty made by the party hereunder, (ii) any breach of this Agreement by the party, or (iii) any negligent act or omission by the party or its employees or agents in connection with the performance by the party or its employees or agents of obligations hereunder, provided the negligent act or omission was not done or omitted at the direction of the other party. 13. Limitations on Liability. UNDER NO CIRCUMSTANCES WILL EITHER PARTY BE LIABLE TO THE OTHER PARTY FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (EVEN IF THAT PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM BREACH OF THE AGREEMENT, THE SALE OF PROPERTY, OR ARISING FROM ANY OTHER PROVISION OF THIS AGREEMENT, SUCH AS, BUT NOT LIMITED TO, LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS (COLLECTIVELY, "DISCLAIMED DAMAGES"); PROVIDED THAT EACH PARTY WILL REMAIN LIABLE TO THE OTHER PARTY TO THE EXTENT ANY DISCLAIMED DAMAGES ARE CLAIMED BY A THIRD PARTY AND ARE SUBJECT TO INDEMNIFICATION PURSUANT TO SECTION 12. LIABILITY ARISING UNDER THIS AGREEMENT WILL BE LIMITED TO DIRECT, OBJECTIVELY MEASURABLE DAMAGES. THE MAXIMUM LIABILITY OF ONE PARTY TO THE OTHER PARTY FOR ANY CLAIMS ARISING IN CONNECTION WITH THIS AGREEMENT WILL NOT EXCEED THE AGGREGATE AMOUNT OF PAYMENT OBLIGATIONS OWED TO THE OTHER PARTY HEREUNDER IN THE YEAR IN WHICH LIABILITY ACCRUES; PROVIDED THAT EACH PARTY WILL REMAIN LIABLE FOR THE AGGREGATE AMOUNT OF ANY PAYMENT OBLIGATIONS OWED TO THE OTHER PARTY PURSUANT TO THE AGREEMENT. NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, OWNER'S LIABILITY IS NOT Page 3 of 4 Rev 1/7/2006 LIMITED UNDER THIS AGREEMENT WITH RESPECT TO LIABILITY ARISING FROM OWNER'S FAILURE TO SATISFY TIMELY ALL CONDITIONS PRECEDENT. 14. Notices. Any notice under this Agreement must be in writing. Initially the addresses of the parties will be as follows: (i) If to PropertyRoom: PropertyRoom.com, Inc, Attn: Steven Lupinacci, President, 26421 Crown Valley Parkway, Suite 200, Mission Viejo, California 92691; and (ii) If to Owner: At the address stated below Owner's Signature block on the first page of this Agreement. The parties may, from time to time and at any time, change their respective addresses and each will have the right to specify as its address any other address by at least ten days' written notice to the other party. 15. Severability. Whenever possible, each provision of this Agreement will be interpreted in such a manner as to be effective and valid under applicable law, but if any provision of this Agreement is held to be prohibited by or invalid under applicable law, such provision will be ineffective only to the extent of such prohibition or invalidity, without invalidating the remainder of such provision or the remaining provisions of this Agreement. 16. Complete Agreement. This Agreement and any related documents delivered concurrently herewith, contain the complete agreement between the parties relating to the subject of this Agreement and supersede any prior understandings, agreements or representations by or between the parties, written or oral, which may be related to the subject matter hereof in any way. 17. Attorneys' Fees and Legal Expenses. If any proceeding or action is brought to recover any amount under this Agreement, or for or on account of any breach of, or to enforce or interpret any of the terms, covenants, or conditions of this Agreement, the prevailing party will be entitled to recover from the other party, as part of the prevailing party's costs, reasonable attorneys' fees, the amount of which will be fixed by the court, and will be made a part of any judgment rendered. 18. Further Assurances. PropertyRoom and Owner will each sign such other documents and take such actions as the other may reasonably request in order to effect the relationships, services and activities contemplated by this Agreement and to account for and document those activities. 19. Governing Law. The internal law, and not the law of conflicts, of the state in which the Owner is located will govern all questions concerning the construction, validity and interpretation of this Agreement and the performance of the obligations imposed by this Agreement. The proper venue for any proceeding at law or in equity will be the state and county in which the Owner is located, and the parties waive any right to object to the venue. 20. Relationship of the Parties. The relationship created hereunder between Owner and PropertyRoom will be solely that of independent contractors entering into an agreement. No representations or assertions will be made or actions taken by either party that could imply or establish any agency, joint venture, partnership, employment or trust relationship between the parties with respect to the subject matter of this Agreement. Except as expressly provided in this Agreement, neither party will have any authority or power whatsoever to enter into any agreement, contract or commitment on behalf of the other, or to create any liability or obligation whatsoever on behalf of the other, to any person or entity. Whenever PropertyRoom is given discretion in this Agreement, PropertyRoom may exercise that discretion solely in any manner PropertyRoom deems appropriate. 21. Force Maleure. Neither party will be liable for any failure of or delay in the performance of this Agreement for the period that such failure or delay is due to acts of God, public enemy, war, strikes or labor disputes, or any other cause beyond the parties' reasonable control (each a "Force Majeure"), it being understood that lack of financial resources will not to be deemed a cause beyond a party's control. Each party will notify the other party promptly of the occurrence of any Force Majeure and carry out this Agreement as promptly as practicable after such Force Majeure is terminated. The existence of any Force Majeure will not extend the term of this Agreement. 22. Counterparts. This Agreement may be signed in any number of counterparts. Rey lf7/2006 Page 4 of 4 Estes Park Police Department Memo To: Chairman Wayne Newsom and Public Safety Committee Board Members From: Lowell Richardson, Chief of Police CC: Randy Repola, Town Administrator Date: April 24,2007 Re: Animal Ordinance Amendment Background The Police Department and Community Development Department received complaints of cats running at large and damaging property at residences within the Town of Estes Park. The Police Department researched the current animal ordinance for enforcement remedies and found the current ordinance does not include domestic cats. In order to be consistent with the current Ordinance 7.12.040 Dogs running at large prohibited, staff crafted a recommended amendment to include the domestic cat component. Budget/Costs N/A Recommendations Police Department Staff recommends the approval of the amendment to the existing animal control ordinance prohibiting Domestic Cats Running at Large. 1 ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 7.12 OF THE MUNICIPAL CODE OF THE TOWN OF ESTES PARK, COLORADO FOR THE PURPOSE OF INCLUDING DOMESTIC CATS WITHIN THE PROHIBITION OF ANIMALS RUNNING AT LARGE AND ADDING CERTAIN EXEMPTIONS FROM THIS PROHIBITION FOR DOGS WHEREAS, the Town of Estes Park has determined that cats need to be prohibited from running at large within the Town of Estes Park; and WHEREAS, the Town has determined that exception to the prohibition of dogs running at large needs to include dogs under the control of a law enforcement agency and dogs not under restraint within designated dog parks within the Town of Estes Park; and WHEREAS, the Board of Trustees of the Town of Estes Park, Colorado, has determined it is in the best interest of the Town to amend the Municipal Code of the Town of Estes Park, Colorado by the adoption of this Ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO: Section 1: Sections 7.12.040 and 7.12.050 of the Municipal Code shall be amended to read as follows : Section 7.12.040 Dogs or cats running at lame prohibited. (a) Every person owning or having charge, care, custody or control of any dog or cat shall keep the dog or cat exclusively upon his or her own premises, except that the dog or cat may be off the premises if it is under the effective control of a person. The dog or cat shall be construed to be under the effective control of a person as follows: (1) Confinement within a vehicle, fencing or other adequate enclosure where the dog or cat has no access to a passerby; or (2) Attachment to a leash and held by a person of sufficient size and strength to restrain the dog or cat. (b) Notwithstanding the provisions of Sub-section (a) of this Section, a dog or cat shall be deemed to be not under effective control of a person as follows: (1) Every female dog or cat in heat or in season shall be confined in a building or secure enclosure in such a manner that the female dog or cat cannot come into contact with a male dog or cat for planned breeding; (2) The dog or cat inflicts damage or injury to the person or property of someone other than its owner, custodian or possessor; or (3) A dog or cat is tethered on the premises of its owner, custodian or possessor such that it has access to a passerby on a public street, sidewalk or right-of-way. (c) Nothing herein shall restrict the ordinary uses of seeing-eye dogs. (d) Dogs under the control of a public law enforcement agency and dogs not under restraint within a designated dog park within the Town of Estes Park are exempt from Sub-paragraph (a) above. Section 7.12.050 Impoundment; when. When any animal control officer or police officer finds a dog or cat within the Town, off the premises of its owner, possessor or custodian, and in violation of Section 7.12.040 of this Code, said dog or cat shall be impounded by such officer. Section 2: This Ordinance shall take effect and be enforced thirty (30) days after its adoption and publication. PASSED AND ADOPTED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO, THIS DAY OF , 2007. TOWN OF ESTES PARK, COLORADO By: Mayor ATTEST: Town Clerk 2 I hereby certify that the above ordinance was introduced and read at a meeting of the Board of Trustees on the day of , 2007, and published in a newspaper of general publication in the Town of Estes Park, Colorado on the day of ,2007. Town Clerk 3 Estes Park Police Department Memo To: Chairman Wayne Newsom and Public Safety Committee Board Members Frorn: Wes Kufeld, Commander CC: Randy Repola, Town Administrator Date: April 11,2007 Re: Parking Lot Name Changes and Model Traffic Code Revisions Background Staff initiated a renaming project of all Town owned parking lots as recommended by the Republic Parking study completed in 2005. A result of the renaming project was Town Board , requesting staff to review the Model Traffic Code Appendix. They indicated apparent errors existed within the current appendix. Staff initiated a comprehensive review uncovering several inconsistencies with Loading Zone Parking, Timed Parking, On-Street Parking and Speed Limit Signs listed within the Model Traffic Code appendix. Staff completed the comprehensive revision of the Town's Model Traffic Code Appendix. These revisions were submitted to Town Attorney White who crafted an Ordinance Amending the Appendix. BudgeUCosts Signage costs for this project are $1,578.87 which is funded through the Street Departmenfs budgeted account #101-3100-431.25-25 as provided by Street Superintendent Dave Mahany. Recommendations Staff recommends approval of the submitted revisions and recommends sign replacement to begin once the amended appendix is approved by Town Board. 1 ORDINANCE NO. AN ORDINANCE AMENDING THE APPENDIX TO THE MODEL TRAFFIC CODE, REVISED 2003 WHEREAS, the Town of Estes Park adopted the Model Traffic Code for Colorado Municipalities, Revised 2003, hereinafter referred to as the Model Traffic Code, by Ordinance 10-03 in 2003; and WHEREAS, it is necessary to amend the Appendix of the Model Traffic Code in order to revise the names of parking lots, and revise the parking limitations with the Town; and WHEREAS, Section 31-16-207 C.R.S. provides that the Board of Trustees ofthe Town may adopt this new Appendix to the Model Traffic Code by this Ordinance so long as the entire text of said Appendix is set forth in this Ordinance; and WHEREAS, the Board of Trustees of the Town of Estes Park has determined that it is necessary to amend the Appendix of the Model Traffic Code, in its entirety, as more fully set forth herein; and WHEREAS, It is necessary to amend the Appendix of the Model Traffic Code in order to revise the speed limits within the Town. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO, as follows: Section 1: The Appendix attached hereto as Exhibit A and incorporated herein by reference is hereby adopted as the Appendix to the Model Traffic Code, Revised 2003. Section 2: This Ordinance shall take effect and be enforced thirty (30) days after its adoption and publication. PASSED AND ADOPTED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO THIS DAY OF ,2007. TOWN OF ESTES PARK By: Mayor ATTEST: Town Clerk I hereby certify that the above Ordinance was introduced and read at a meeting of the Board of Trustees on the day of , 2007, and published in a newspaper of general circulation in the Town of Estes Park, Colorado on the day of ,2007. Town Clerk 2 MODEL TRAFFIC CODE TOWN OF ESTES PARK - APPENDIX Amended January 23*,2003 As Posted and Verified by the Police Department 06/24/03 *Amended September 28,2004 *Amended April 23rd, 2007 as Verified by Police Department MUNICIPAL PARKING LOT NAMES For enforcement purposes location and identification of each Town of Estes Park municipal parking lot name is listed below: 1. Performance Park Parking Lot located on the north side of West Elkhorn Avenue in the 300 block. 2. Spruce Parking Lot located on the east side of Spruce Drive and intersect of Cleave Street. 3. Tregent Parking Lot located on the east of Spruce Drive and intersect with West Elkhorn Avenue. 4. Big Horn Parking Lot located on the west side of Bighorn Drive and intersect with Cleave Street. 5. Moraine Parking Lot located on the west side of Moraine Avenue adjacent to Wiest Lane between Davis Street and Wiest Lane. 6. Davis Parking Lot located on the west side of Moraine Avenue and intersect with Davis Street. 7. Virginia Parking Lot located at the intersects of the west side of Virginia Drive and north side of East Elkhorn Avenue. 8. East Riverside Parking Lot located at the intersects of the south side of East Elkhorn Avenue and east side of East Riverside Drive. 9. Riverside Parking Lot located at the intersects of the east side of East Riverside Drive and north side of Rockwell Avenue. 10. Post Office Parking Lot located at the intersects of the west side of East Riverside Drive between West Riverside Drive and East Riverside Drive. 11. West Riverside Parking Lot located on the east side of West Riverside Drive in the 100 block adjacent to the west bank of the Big Thompson River. 12. Town Hall Parking Lot located at the intersects of the east side of MacGregor Avenue and north side of East Elkhorn Avenue. 13. Visitor Center Parking Lot located on the south side of Highway 34 adjacent to the north bank of the Big Thompson River one block east of Highway 34 and Highway 36 intersects. 14. South Visitors Center Parking Lot located on the northeast side of Highway 36 and two blocks southeast of Highway 34 and Highway 36 intersects. PARKING PERMITTED Timed parking will be in-force from the weekend prior to Memorial Day and be in effect until Labor Day. Signs will state parking limits enforced May-September. Hours of Timed Parking - 9:00 a.m. to 5:00 p.m. Seven days a week. May 1 through September ON-STREET PARKING, 3-HR. LIMIT: Â· East Elkhorn (South side of Bond Park) Â· Park Lane, North side from 201 to MacGregor Ave Â· Park Lane, South side of street (North side of Bond Park) Â· Riverside Drive at Riverside Plaza, (West side of Riverside) Â· Moraine Ave 222 through 250 Â· Moraine Ave 231 through 251 Â· Moraine Ave from Wiest Drive south to the Moraine Restrooms Â· West Elkhorn Ave 112 through 134 (South side of street) Â· West Elkhorn Ave 119 through 125 (North side of street) Â· West Elkhorn Ave 215 through 235 (North side of street) Â· West Elkhorn Ave 208 through 230 (South side of street) PARKING LOTS, 3-HOUR LIMIT: Â· Virginia Drive Lot Â· West Riverside Drive Lot Â· Riverside Drive Lot (North of Rockwell Street, entire lot) Â· Post Office Lot (north end of lot) Â· Brownfield's Parking lot (South of Elkhorn Crosswalk light) PARKING LOTS, 30-MINUTE LIMIT: Â· Post Office Lot, South side 1 /2 of lot (in front of Post Office) Â· 235 West Riverside Drive (East side of street, three spaces) ON-STREET, 30-MINUTE PARKING: Â·MacGregor Ave., east side of street, in front of Municipal Building (170 MacGregor Ave) NO-PARKING ALL LOADING ZONES - PERMITTED LOADING/UNLOADING ONLY FROM 7:00AM TO 12:OOPM, 7 - DAYS A WEEK - 3 - HOUR TIMED PARKING FROM 12:00PM TO 6:00PM. OPEN PARKING FROM 6:00PM TO 7:00AM NO OVERNIGHT PARKING OR CAMPING IN ANY TOWN OWNED PARKING LOT OR STREET UNLESS POSTED OR BY PERMIT ONLY. NO OVERNIGHT PARKING OF RECREATIONAL VEHICLES IN ANY TOWN OWNED PARKING LOT 2 NO PARKING DURING SNOW REMOVAL OPERATIONS: Aspen. Birch, Columbine, Driftwood, and Elm Avenues, both sides of street NO PARKING AT PAINTED RED CURB LOCATIONS. NO PARKING AT RED OR YELLOW STRIPED/ MARKINGS LOCATIONS NO PARKING - LOADING ZONES Â· East Elkhorn 390 to 358 (South side of street - Loading Zone) Â· East Elkhorn Ave from 153 to 145 (north side of street - Loading Zone) Â· East Elkhorn Ave from 141 to 129 (north side of street - Loading Zone) Â· East Elkhorn Ave from 116 to 128 (south side of street - Loading Zone) Â· East Elkhorn Ave from 156 to 184 (south side of street - Loading Zone) Â· East Elkhorn Ave from 332 to 344 (south side of street - Loading Zone) Â· West Elkhorn Ave at Tregent Park (north side of street - Loading Zone) Â· West Elkhorn Ave from 111 to 119 (north side of street - Loading Zone) Â· West Elkhorn Ave from 191 to 213 (north side of street - Loading Zone) Â· 170 West Elkhorn (south side of street, 2 spaces) Â· West Elkhorn Ave from 144 to 134 (south side of street - Loading Zone) Â· 125 Moraine Ave (lEast side of street - Loading Zone) Â· Riverside Drive at Riverside Plaza driveway, (West side of Riverside - Loading Zone) Â· 11 1 Wiest Drive (two spaces - Loading Zone) Â· Cleave Street - behind Old Church Shops - Loading Zone both sides of street) Â· Cleave Street - South side at intersection with Bighorn Drive - (Loading Zone / No Parking) Â· East Elkhorn Ave in front of 356 East Elkhorn - (South side of street - Loading zone) 3 PARKING LIMITATIONS: Visitors Center Overnight Parking by permit only in designated parking spaces as indicated by sign on the East side of the main parking lot. All other parking spaces day use only. No overnight parking of Recreational Vehicles. Fawn Lane. No Parking both sides MacGregor Ave / Bypass Intersection Northeast corner, adjacent to Canyon No Parking Creek Condominiums Big Horn Dr. No Parking East side from Elkhorn Ave to driveway of 110 Bighorn Drive Cleave St. No Parking S. side of Lawn Lane to 100' E. of Lawn Lane. N. side, in front of 223 Cleave St. S. side at Big Horn Dr. No Parking/ S. side, behind Old Church Loading Zone Shops Davis St. No Parking N. side of Davis at Moraine Ave. E. Riverside Dr. No Overnight W. side (vacant strip), 300 Block Parking Lawn Ln. No Parking W. side, between Spruce Dr. & Cleave St. MacGregor Ave. Angle Parking Driveway of Municipal Building to Wonderview. MacGregor Ave Diagonal Parking Park Lane, North to Wonderview - West side of street Virginia Drive No Parking 210 - 216 Virginia Drive, East side of street Moraine Ave. No Parking E. side between 212 Moraine Ave to intersection of Elkhorn Ave. S. side across from Elm Rd. 4 Park Lane Angle Parking only Both sides of road Park Lane No Parking From Elkhorn Ave to Crosswalk Spruce Dr. No Parking E. side, between Cleave St. & Lawn Ln. Tregent Park No overnight Parking Parking lot W. Elkhorn Ave. No Parking/ South side at Tregent Park (Restrooms) Loading zone Wiest Dr. No Parking / loading only From Moraine Ave to Wiest Street. One way - East Only Highway 7 Parallel Parking E. side, 100 Blk. of Hwy. 7 SPEED LIMITS: Aspen Ave. Both Directions 25 MPH Birch Ave. Both Directions 25 MPH Big Horn Dr. South bound, 100' S. of Wonderview 20 MPH, SB Ave. to W. Elkhorn Ave. SPEED LIMITS (cont'd.) Big Thompson Ave. Hwy. 34, E. of Hwy. 34/36 35 MPH, EB Inter. to .7 miles E. of Hwy. 34/36 Hwy. 34, 1.4 miles E. of Hwy. 34/36 40 MPH, EB Inter. to City Limits 1.4 miles from City Limits to 35 MPH, WB Hwy. 34/36 5 Brodie Ave. From Fish Creek, WB/EB to 20 MPH, SZ Community Dr. School Zones 7:30am to 8:00am. and 3:00 p.m. to 3:45 p.m. 20 MPH, otherwise 25 MPH Carriage Dr. From Hwy. 7, EB to Lakeshore Dr. 25 MPH Cleave St. Both Directions 20 MPH Columbine Ave. Both Directions 25 MPH Community Dr. Hwy. 36/Community Dr to 30 MPH, SB/NB Manford Ave. Hwy. 7/Community Dr., N. to Manford Ave. Intersection 20 MPH, SZ Driftwood Ave. Both sides 25 MPH E. Elkhorn Ave. Hwy. 34/36 Inter. to Park Ln. 25 MPH Hwy. 34/36 Inter. to Park Ln. @ E. Elkhorn Ave. 25 MPH, WB E. Riverside Dr. W. from E. Elkhorn Ave. to Moccasin Bypass 20 MPH, WB/EB Elm Ave. Both Directions 25 MPH Far View Dr. "S" curve, 0.1 mi. N. of Far View/W. Elkhorn Ave. Intersection 20 MPH, NB SPEED LIMITS (cont'd.k Fish Hatchery Rd. At Fall River Rd. 30 MPH, WB Grand Estates Dr. Both directions 30 MPH Graves Ave. From Hwy. 7 WB/EB to Community 20 MPH, SZ, EBNVB 6 Heinz Parkway High Dr. N. to City Limits 20 MPH, NB H ig h Drive Heinz Parkway W. to City Limits 30 MPH, WB Highway 7 Hwy. 36 S. to Stanley Ave. 35 MPH, SB N. from Stanley Ave. 35 MPH, NB Hwy. 36/7 Inter. S. to Lexington Ln. 35 MPH, SB @ Dunraven 35 MPH, NB 35 MPH, SB @4â„¢ St 35 MPH, SB @ High St. 35 MPH, NB @ Graves Ave. 35 MPH, SB @ Morgan St. 25 MPH, SZ, NB @ Golf Course Rd 35 MPH, NB @ Twin St 50 MPH, SB @ Scott Ave. 50 MPH, NB @ Carriage Dr. 50 MPH, SB @ Carriage D., just south of 50 MPH, NB Highway 34 Hwy. 34/36 Inter. E. to .1 mile from Steamer Dr. 35 MPH, EB From Steamer Dr. E. to Elk Trail Ct. 35 MPH, EB From City Limits W. to W. Grand Estates Dr. 40 MPH, WB W. Grand Estates Dr. W. to 34/36 Intersection 35 MPH, WB @ Dry Gulch Rd. 40 MPH, WB @ Lakefront St. 40 MPH, EB 7 SPEED LIMITS (cont'd.): Highway 36 Hwy. 34/36 Inter. E. to Hwy. 7/36 Inter. 35 MPH, EB W. from Hwy. 7 to .3 miles on Hwy. 36 35 MPH, WB .3 miles Hwy. 36 to Hwy. 34/36 Inter. 25 MPH, WB 24 St., E. to 4th St. 45 MPH, EB 4th St. to City Limits 50 MPH,EB/WB 4th St. W. to 2nd St. 45 MPH, WB 2nd St. W. to Hwy. 36/7 Inter. 35 MPH, WB @ Fish Creek Rd. 50 MPH, WB @ Community Dr 50 MPH, WB @ Hwy. 36/7 Inter., just W. of 35 MPH, WB Larkspur Dr. From Carriage Dr. SB/NB to City Limits 25 MPH MacGregor Ave. 25' N. of Wonderview Ave. to MacGregor Ranch 30MPH, NB/SB Mary's Lake Rd. 200' S. of Moraine Ave. to City Limits 30 MPH, SB Manford Ave. From EPHS WB/EB to Hwy. 7 20 MPH, SZ Moccasin Bypass S. from Riverside Dr. to Prospect Ave. 25MPH, SB/NB (Except .3 miles E. of Riverside Dr.) 20 MPH Moraine Ave. .1 mile E. of Mary's Lake Rd. to (Hwy. 36) .1 mile W. of Davis St. 35 MPH, EB .1 mile W. of Davis St. to Elkhorn Ave. 25 MPH, EB 200' N. of Davis St. to .2 miles W. of 25 MPH, WB Davis St. .2 miles W. of Davis St. to City Limits 35 MPH, WB 8 From Crags Dr. to Moraine/Elkhorn 25MPH, NB/SB Peak View Dr. From Hwy. 7 EB/WB to City Limits 35 MPH Ponderosa Dr. From Stanley Ave. SB/NB to Morgan Ln. 25 MPH, SB Prospect Ave. Stanley Ave. to Moccasin Cir. Dr. 25MPH, EBANB W. from Stanley Ave. to Fir Ave. 25 MPH, EBNVB Riverside Dr. From W. City Limits to 100' W. of Prospect Village Dr. 30 MPH, WB/EB Rockwell St. From Moraine Ave. to E. Riverside Dr. 25 MPH, EB SPEED LIMITS (cont'd.): Scott Ave. From Hwy. 7 EBAA/B to Fish Creek Rd. 25 MPH Stanley Ave. W. from Hwy. 7 to Hwy. 36 30 MPH, WB From Hwy. 7 NB/SB to Prospect Ave. 30 MPH Stanley Cir. Circles Stanley Ave. 30 MPH, WB/EB Steamer Dr. .05 miles from Hwy. 34 to City Limits 20MPH, NB/SB Twin Dr. From Hwy. 7 EB/WB to Peak View Dr. 30 MPH Virginia Dr. W. from Park Ln. to Big Horn Dr. 20 MPH, EB, 14 W. Elkhorn Ave. Big Horn Dr. to .2 miles W. of Spruce Dr. (Posted at 157 W. Elkhorn Ave.) 20 MPH, WB .2 miles W. of Spruce Dr. to .1 miles W. of Old Ranger Rd. 35 MPH, WB .1 miles W. of Old Ranger Rd. to City Limits 40 MPH, WB 1,000 Yds. E. of Valley Rd. to 100 Yds. W. of Spruce Dr. 35 MPH, EB Far View Dr. to .3mi W. of Wiest Dr. 35 MPH, EB .3 mi W of Wiest Dr to Moraine Ave 20 MPH, EB 9 W. Riverside Dr. W. to Crags Dr. from Ivy St. 20 MPH, WB/EB Wonderview Ave. .1 miles E. of MacGregor Ave. to (Bypass) City Limits 40 MPH, EBAA/B 1.25 miles E. of W. Elkhorn Ave. to 35 MPH, EB Hwy. 34/36 Inter. Dated this day of ,2007. TOWN OF ESTES PARK Traffic Engineer 1, Jackie Williamson, Town Clerk, Town of Estes Park, Colorado, do hereby certify that the above and foregoing is a true copy of the Appendix to the Model Traffic Code for Colorado Municipalities, Revised 2003, on file in my office as part of the official records of the Town of Estes Park. Dated this day of ,2007. Town Clerk 10 .zncs Park Po lice Department Memo To: Chairman Wayne Newsom and Public Safety Committee Board Members From: Lowell Richardson, Chief of Police CC: Randy Repola, Town Administrator Date: April 23,2007 Re: Code Enforcement Officer Background At a recent 2007 study session, the Town Board made the decision to provide the Police Department with an additional position to provide Code Enforcement services to the community. The Police Department will assume Code Enforcement responsibilities on a full time basis once a qualified person is selected; June 18*12007 being the target start date for this position. Both the Community Development Department and Police Department are providing training for the new employee to insure a smooth transition. Budget/Costs This position will be funded using current 2007 Police Department space savings and reorganization savings which directly affect the 2155 account. Line items directly affected are: 101-2155-421.11-02 Salaries 101-2155-421.11-04 Staff overtime 101-2155-421.14-** Benefits The annual salary is consistent with the established/approved grade scales and ranges for 2007 Recommendations Staff recommends approval of the additional position to the Police Department of one full time employee as Code Enforcement Officer. Staff also recommends funds for the remaining of 2007 year to offset the wages of the position. The requested cost is: $23,500.00 for the remainder of 2007 (6 months) 1 TOWN OF ESTES PARK, COLORADO CODE COMPLIANCE OFFICER DESCRIPTION OF WORK General Statement ofDuties: Serve the public with enforcement of specific county and municipal ordinances and other duties as assigned. Supervision Received: Works under the direct supervision ofthe Support Services Sergeant. Supervision Exercised: None. ESSENTIAL FUNCTIONS OF THE JOB: The following are essential functions ofthe job; the duties listed are not intended to be an exhaustive list of responsibilities or qualifications with the job. The Code Compliance Officer will need the ability to discern and perform other duties as assigned. 1. Training: Received training in the following: A. Legal aspects ofcode administration and enforcement. B. Estes Park Municipal Code, Estes Valley Development Code, and other applicable resources. C. Department policies and procedures. D. Criminal investigation E. Vehicle Operation F. Police Dynamics and Character First 2. Job Duties (assists in): A. Answers questions and explain basic requirements of the Estes Park Municipal Code and the Estes Valley Development Code to the general public. B. Investigate possible violations and initiate action to achieve compliance. C. Prepares written incident reports, correspondence, issue citations, seek negotiated agreements to abate code violations, seek legal advice from the Town Attorney and appears in court as necessary. D. Assist in researching, recommending adoption of, and implementing ordinances in response to community needs. E. Enforce Parking Ordinances throughout the Town of Estes Park. F. Maintain minimum levels ofperformance in all trained areas. G. Perform other duties as assigned. H. Assumes all responsibilities of EPPD Evidence Custodian. I. Responsible for Sign Code Enforcement 3. Additional Examples of Work: The following is a description ofadditional work to be performed by personnel in this position, which are not essential functions ofthe job: a. Attendance at community functions for the purpose ofpublic relations. MINIMUM OUALIFICATIONS Required Knowledge. Skill. and Ability: 1. Ability to discern and make soundjudgments, exercise conflict resolution, and exhibit patience when dealing with customers in stressful situations. 2. Ability to interpret and make decisions in accordance with laws and official policies and procedures. 3. Ability to communicate effectively with co-workers and the public in oral and written form. 4. Ability to plan, organize, and carry out assignments with minimal supervision. Must be self-motivated, dependable and capable of multi-tasking. 5. Ability to use basic computer programs. 6. Ability to demonstrate obedience by following written and oral instructions. 7. Ability to demonstrate humility and diligence in day to day operations. 8. Must possess benevolence and the ability to serve both the public and co- workers with humility and co-actively. 9. Must obtain ACEO (Association of Code Enforcement Officials) Certification Two within three (3) years ofhire date. Special Requirements: 1. Ability to operate a motor vehicle. 2. Must have valid Colorado driver's license. 3. Must have dependable transportation. 4. Must live within one hour travel time (during normal traffic/weather conditions) from police department. 5. Must have no felony convictions or misdemeanor violent crime convictions. Education: High school graduate or equivalent. Experience: None Revision: April 20,2007 Memorandum To: Public Safety Committee From: Jacquie Halburnt C: Randy Repola Date: April 20,2007 Subject: Colorado Clean Indoor Air Act Background: Currently, violations of the Colorado Clean Indoor Act would be written into county court. In order for our municipal court to have jurisdiction over such violations, we must enact, adopt and enforce smoking regulations that cover the same subject matter as the provisions of the act. Violations would be a class 2 petty offense and result in a fine not to exceed $200 for a first violation within a calendar year, a fine not to exceed $300 for a second violation within a calendar year and a fine not to exceed $500 for each additional violation within a calendar year. The Colorado Clean Indoor Act states that smoking is prohibited in "most indoor public places" and "the entryways of all buildings and facilities listed..." which includes public buildings. Entryway is defined as the outside of the front or main doorway leading into a building or facility. Smoking cannot take place within the specified radius of 15 feet from the entryway. The same stipulations are in place in many establishments such as grocery stores, food service establishments, coffee shops, bars, bowling alleys, theatres, libraries, 75% of sleeping quarters within hotel/motel and places of employment open to the public. Recommendation: Staffrecommends adoption of the attached ordinance, which was written by Greg White. ORDINANCE NO. AN ORDINANCE AMENDING TITLE 9 OF THE MUNICIPAL CODE OF THE TOWN OF ESTES PARK, COLORADO FOR THE PURPOSE OF ADDING CHAPTER 9.36 TO THE MUNICIPAL CODE INCORPORATING THE COLORADO CLEAN INDOOR AIR ACT WHEREAS, in 2006, the State of Colorado enacted the Colorado Clean Indoor Air Act, Sections 25-14-201 C.R.S. et seq.â€ž (the "Act") to protect nonsmokers from involuntary exposure to environmental tobacco smoke in most indoor areas open to the public, public meetings, food service establishments, and places of employment; and WHEREAS, Section 25-14-207 (2)(a) C.R.S. of the Act provides that the Town of Estes Park may enact, adopt, and enforce the smoking regulations as set forth in the Act by the adoption of an Ordinance; and WHEREAS, Section 25-14-207 (2)(b) C.R.S. provides that the Municipal Court of the Town of Estes Park will have jurisdiction over violations of the regulations of the Act upon adoption of this Ordinance; and WHEREAS, the Board of Trustees of the Town of Estes Park, Colorado, has determined it is in the best interest of the Town to adopt by reference in this Ordinance the rules and regulations of the Colorado Clean Indoor Air Act. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO: Section 1: Title 9 - Public Peace, Morals and Safety of the Municipal Code shall be amended by the addition of Chapter 9.36 as follows: Chapter 9.36 The Colorado Clean Indoor Air Act 9.36.010 - The Colorado Clean Indoor Air Act - It is unlawful for any person to violate any provision of Sections 25-14-201 et seq. C.R.S. known as the Colorado Clean Indoor Air Act within the Town. Section 2: This Ordinance shall take effect and be enforced thirty (30) days after its adoption and publication. PASSED AND ADOPTED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO, THIS DAY OF , 2007. TOWN OF ESTES PARK, COLORADO By: Mayor ATTEST: Town Clerk I hereby certify that the above ordinance was introduced and read at a meeting of the Board of Trustees on the day of 2007, and published in a newspaper of general publication in the Town of Estes Park, Colorado on the day of ,2007. Town Clerk 2