§ 6.01.020. Construction of terms; definitions.

As used in the provisions of this Chapter:

(1)

Construction of terms.

a.

References in masculine terminology shall include the feminine, and vice versa.

b.

References in singular terminology shall include the plural, and vice versa.

(2)

Definitions.

Abandoned property, for purposes of defining a chronic nuisance, means a property over which the person in charge no longer asserts control due to death, incarceration, or any other reason, and which is either unsecured or subject to occupation by unauthorized individuals.

Abatement agreement means a contract between the Town and owner or the person in charge of the chronic nuisance property in which such person agrees to promptly take all lawful and reasonable actions; which shall be set forth in the agreement, to abate the nuisance within a specified time and according to specified conditions.

Agent means and includes any person acting on behalf of or in place of the owner.

Chronic nuisance property means:

a property on which nuisance activity is observed on three (3) or more occasions during any sixty- (60-) day period or on which nuisance activity is observed on seven (7) or more occasions during any twelve- (12-) month period; or

a property where, pursuant to consent or a valid search warrant, evidence of drug-related activity has been identified; or

any abandoned property where nuisance activity exists.

Drug-related activity means any unlawful activity at a property which consists of the manufacture, cultivation, growth, production, delivery, sale, storage, possession, use or giving away of any controlled substance as defined in Sections 18-18-203 through 18-18-207 C.R.S., as the same may be amended from time to time. Possession of marijuana that is authorized under state law shall not result in an enforcement action under this ordinance.

Evicted property means and includes the personal property and effects, including, without limitation, furniture, clothes and appliances belonging to a person or persons lawfully evicted from any premises within the Town resulting from the execution of a writ of restitution pursuant to Section 13-20-122, C.R.S.

Illicit discharge means any discharge to a municipal separate storm sewer system that is not composed entirely of stormwater, except those discharges described in the Town of Parker Illicit Discharge Detection and Elimination Manual.

Inoperable vehicle means any vehicle that does not display current, valid license plates; lacks any part necessary for legal operation on a public street; or lacks glazing, lights or indicators, body sheet metal or paint on any part of the vehicle.

Junk means trash, waste, rubbish and other discarded things and salvage materials, including, without limitation, scrap copper, brass, iron, steel or other metals, tires, wheels, household appliances, furniture, rope, rags, batteries, glass, rubber debris, plastic debris, construction debris, remnants of wood, plumbing fixtures, port-o-potties, paint, concrete, cinderblock, bricks, asphalt or any discarded, dismantled, wrecked or scrapped motor vehicle or other machinery or parts thereof.

Landlord means the owner, lessor or sublessor of the dwelling unit or the property of which it is a part and, in addition, means any person designated as a representative of the landlord.

Litter means any and every rubbish, waste material, refuse, garbage, trash, debris, excrement, urine, dead bird, dead fish, fishing line, bait, chemical compound, petroleum product or compound, paper, cardboard, can, lid, bottle, cap, carton, wrapper, box, wooden object, plastic object, clothing, cloth, metal object, rubber object, leather object, hide, feathers, grass clippings, leaves, cut weeds, tree branches, bush clippings, sand, dirt, mud, gravel, stone, glass, ashes, cigarette, cigar, food or food product, solvent, dye (excluding dye necessary for dye testing as described in the Town of Parker Illicit Discharge Detection and Elimination Manual and where approved by the Colorado Department of Public Health and Environment - Water Quality Control Division), beverage, liquid except clean water, offal composed of animal matter or vegetable matter, or both, or any noxious or offensive matter whatsoever.

Neighborhood Services refers to the Neighborhood Services Division of the Planning Department or its designees, which may include officers of the Police Department or the Department of Engineering or Parks and Recreation Department.

Occupant means and includes any person who occupies the whole or a part of a building, premises or land, whether alone or with others.

Owner means and includes:

1.

Any owner or holder of any legal or equitable estate in real property, including a dominant or servient tenement, except a future or reversionary interest and except the interest of a public trustee, lien holder, mortgagee or beneficiary of a deed of trust; or

2.

The owner of record, as reflected by the records of the office of the County Clerk and Recorder.

Person means and includes any individual, partnership, corporation or association; and the agent, servant or employee of any individual, partnership, corporation or association.

Person associated with a property means any person who, on the occasion of a nuisance activity, has entered, patronized, visited, or attempted to enter, patronize or visit, or waited to enter, patronize or visit, a property or a person present on property, including, without limitation, any officer, director, customer, agent, employee, or any independent contractor of a property, or a person in charge of or owner of a property.

Person in charge of a property means any person in actual or constructive possession or control of a property, including, but not limited to, an owner, occupant, agent or property manager of a property under his control, and any bank or financial institution in actual or constructive possession or which possesses any sort of lien or interest in the property. There may be at any one time multiple persons in charge of a property all of which may be jointly and severally liable under this Chapter.

Public nuisance includes, but is not limited to:

1.

The conducting or maintaining of any business, occupation or activity prohibited by statute or by ordinance;

2.

The continuous or repeated conducting or maintaining of any business, occupation, operation, activity, building, land or premises in violation of statute or ordinance;

3.

Any building, structure or land open to or used by the general public, the condition of which presents a substantial danger or hazard to public health or safety;

4.

Any illicit discharge or other unlawful pollution or contamination of any surface or subsurface waters in the Town, of the air or of any water, substance or material intended for human consumption;

5.

Any activity, operation or condition which, after being ordered abated, corrected or discontinued by a lawful order of a department or officer of the Town or the County, continues to be conducted or continues to exist in violation of statute or ordinance or in violation of any regulation of the Town, the County or the State;

6.

Any activity, operation, condition, building, structure, place, premises or thing which is injurious to the health or safety of the citizens of the Town, or which is indecent or offensive to the senses so as to interfere with the comfortable enjoyment of life or property; and

7.

Any nuisance defined or declared as such by statute or ordinance.

Public or private property includes, but is not limited to, the real property, building or structure thereon of any person, state, county, city, public or private corporation or the United States; the right-of-way of any street, road, railroad or highway; and any body of water, irrigation ditch or watercourse, including frozen areas thereof and the shores and beaches thereof; any park, playground, building or recreation area; and any school grounds, school building or property used for school purposes.

Public place means and includes:

1.

Any street, highway, public right-of-way, sidewalk, driveway, alley, church, school building, school grounds, public building, library, fire station, park, parking lot or vacant land;

2.

The entire premises of any shopping center, restaurant, bar, store, service establishment, service station, theater, auditorium or place of amusement, except any portion of the premises reserved for the use of the owner or operator thereof or the employees of such owner or operator, and except any portion of the premises from which the general public is excluded; and

3.

Any lobby, corridor, elevator, stairway, public room, common room or recreation room in a hotel, motel, office building or apartment building.

Statute means the statutes of the State of Colorado.

Trees and shrubs include all trees, shrubs, bushes and all other woody vegetation.

(Ord. 5.68.3 §1, 2017; Ord. 1.467 §5, 2015; Ord. 5.68.2 §1, 2012; Ord. 5.68 §1, 2008)