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ELBERT COUNTY, COLORADO
A publication of
Christmas tree lighting set for Dec. 7 Elizabeth celebration around town hall to begin at 5 p.m. BY TOM MUNDS TMUNDS@COLORADOCOMMUNITYMEDIA.COM
the Dec. 5 BOCC land-use hearing, held at 1 p.m. The EDZ overlay would allow zoning changes to land along specific corridors within the county, including areas along highway 86 and US 24. Land within a half-mile of the centerline of the EDZ corridors would be rezoned to commercial, residential or industrial, instead of agricultural. Hotels, multi-family housing or self-storage facilities are just a few of the more than 40 uses allowed by right that could be built.
The Town of Elizabeth is preparing for a celebration that will feature the lighting of its community Christmas tree. “This is the first year we have a city Christmas tree,” said Grace Erickson, Elizabeth community development director. “We will decorate the tree and plan to have a number of activities on the day we turn the on the tree light.” The activities are scheduled to begin at 5 p.m. on Dec. 7 in and around town hall at 151 S. Banner St. “We will have carriage rides, carolers and of course Santa will be there,” Erickson said. “There will be a stand with hot chocolate and hot cider set up in the area too.” The live tree is 24 feet tall and the town is purchasing the outdoor lights and ornaments. Volunteers from town staff will decorate the tree. Erickson said many businesses along Main Street and in other areas in Elizabeth will be open during the event. “We are hoping a lot of people join us for our first-ever tree lighting,” Erickson said. “After the tree lighting, all those attending are invited to stay around and visit our many shops and businesses that are remaining open during the event.”
SEE OVERLAY, P6
SEE LIGHTING, P15
Elbert County board of county commissioners, from left, Grant Thayer, Danny Willcox and Chris Richardson, listen to citizen concerns regarding the Economic Development Zone overlay during the Nov. 14 meeting. Commissioners denied the amended proposal for a second time, and will revisit the issue in the Dec. 5 meeting. TABATHA STEWART
County rejects EDZ overlay again Planning commission will take up issue as concerns continue BY TABATHA STEWART SPECIAL TO COLORADO COMMUNITY MEDIA
The Elbert County Board of County Commissioners denied the approval of the Economic Development Zone overlay for a second time at a BOCC land-use hearing held Nov. 14, amid concerns expressed by citizens and BOCC
members about the right to special use process proposed in the overlay. A half-dozen citizens addressed commissioners, half for and half against the EDZ. The EDZ overlay was initially presented in March of this year, but commissioners declined to approve it Aug. 8, sending it back to the Community Development Services office for amendments. While CDS staff recommended approval of the amended proposal at the Nov. 14 meeting, commissioners agreed they were still not comfortable with the amended plan, and will reconsider a revised edition at
PERIODICAL
DID YOU KNOW INSIDE
The average American shopper will spend about $638 on gifts this holiday season. Source: National Retail Federation
VOICES: PAGE 12 | LIFE: PAGE 16 | CALENDAR: PAGE 2
ElbertCountyNews.net
VOLUME 123 | ISSUE 44
2 Elbert County News
November 29, 2018N
THINGS to DO Anime Nights: Watch and discuss anime, snacks provided. 1st & 3rd Mondays 7 to 9 p.m. at the Kiowa Library; 2nd & 4th Mondays 7 to 9 p.m. at the Elizabeth Library. Visit pplibraries.org for more information The Ukrainian Youth Theater will take your family to a magical Russian New Year’s celebration! After a successful tour across the USA last year, audiences young and old were excited for the return of this unique cultural experience. Please be aware that this presentation is performed entirely in Russian.
Festival of Trees at Cimarron Middle School: 9 a.m. to noon, Saturday, Dec. 1 at Cimarron Middle School, 12130 Canterberry Parkway, Parker. Unique community event where local businesses and Cimarron Middle School families donate decorated themed trees to be won at the event. Support your community and win a tree. Adult entry only—$7 (includes beverage & snack), Student (6-18 entry only—$5, Child 5 and under—FREE. Tree tickets are $1 each or 25 for $20. For more information, visit cims. dcsdk12.org. Elizabeth Mayor’s Tree Lighting: 5 p.m. Friday, Dec. 7 at Elizabeth Town Hall, 151 S Banner St, Elizabeth and along Main Street. Enjoy carriage rides, pictures with Santa, fire pits, Festival of Trees and more. Visit townofelizabeth. org for more information. Ryan Hamilton — Comedian: 7:30 p.m. Friday, Dec. 7 at the PACE Center, 20000 Pike Peak Ave., Parker. Armed with the unique perspective of growing up in rural Idaho, only to become a favorite in the New York stand-up comedy scene, this wholesome, observational comedian is one-of-a-kind. More information at parkerarts.org. 2018 Christmas Carriage Parade: Noon, Saturday, Dec. 8 in downtown Parker. Come and experi-
ence that holiday feeling in the air and enjoy this all-equestrian parade made up of dozens of horse-drawn carriages, wagons, surreys and stagecoaches from across Colorado, all dressed up for the occasion. Event-goers also enjoy a holiday farmer’s market, a petting zoo and pony rides, ice sculpting, games with Santa’s elves and visiting time and pictures with Mr. and Mrs. Claus. Santa’s reindeer are also on hand for a visit on this fun day. An afternoon with Mrs. Claus: Noon to 3 p.m. Saturday, Dec. 15 at the Hilltop Schoolhouse, 5748 Flintwood Road, Parker. Come have a cup of hot chocolate with Mrs. Claus in the decorated schoolhouse. Make an ornament, enjoy our CO&SO HO railroad display, and get your picture with Mrs. C. $5 donation or new gift for a child or youth. New Adventures: From Tale to Tale: 4 p.m. Sunday, Dec. 23 at the PACE Center, 20000 Pike Peak Ave., Parker.
Lifetime Parker Commitment Day 5K: 10 a.m. to noon, Tuesday, Jan 1. at Lifetime Fitness Parker, 9250 Crown Crest Blvd., Parker. Join the Lifetime Fitness Parker community in committing to a healthier, happier life. This is a family friendly 5K open to members and nonmembers. Registration includes a t-shirt, bib, medal, and post race brunch. Kids under 12 are free with every adult registration. Join the movement: January 1st, 2019 10:00am Lifetime Fitness Parker. Only $30 through November, $35 December 1st, $40 Race Day Registration. Visit Commitmentday. com for information. Book Clubs: Sci-Fi/ Fantasy book club 2nd & 4th Mondays of the month 5:30-6:30 pm at the Elizabeth Library; Kiowa book club 4th Monday of the month 7-8 pm at the Kiowa Library. Elizabeth book club: Third Tuesday of the month 7-8 pm at the Elizabeth Library; Brown Bag book club 4th Thursday of the month 11 am-1 pm at the Elizabeth Library; Elbert book club last Thursday of the month at the Elbert Library,
Diverse & Rowdy book club 2nd Saturday of the month 9:3010:30 am at the Simla Library. pplibraries.org Garden Clubs: Seedy Ladies 4th Monday of the month 1-3 pm at the Elbert Library; Gardeners/ Homesteaders 3rd Saturday of the month 11 am-12 pm at the Simla Library. pplibraries.org GED Preparation & Career Online High School: Get started with GED preparation and coaching throughout the process. COHS allows students 19+ to earn a certified high school diploma. Call 303-646-3416 for more details. pplibraries.org
STEAM Activities: Science/Technology/Engineering/Art/Math fun for kids. Mondays 1:30 to 3 p.m., Wednesdays 4:14 to 5:45 p.m. and Fridays 4 to 5:15 p.m. at the Simla Library; Wednesdays 4-6 p.m. at the Kiowa Library. pplibraries.org
Story Time: Help your little one build literacy skills by interacting with engaging stories, followed by a craft. Kids and adults alike make new friends. Mondays at 2 pm at the Elbert Library; Wednesdays at 10 a.m. at the Elizabeth Library; Wednesdays at 1:30 pm at the Simla Library; Fridays at 11 a.m. at the Kiowa Library. pplibraries.org
Knitting & Crocheting Groups: Simla Witty Knitters Tuesdays 3:30-5 pm at the Simla Library; Close Knit Crochet Group Wednesdays 2-3 pm at the Kiowa Library; Hats for the Homeless Thursdays 11 am-1 pm at the Elizabeth Library. pplibraries.org Lawyers at the Library: 6 to 8 p.m. 2nd Tuesday of the month at the Elizabeth Library. Free legal clinic for parties who have no attorney. Volunteer attorneys will answer questions, help fill out forms and explain the process and procedure for the areas of family law, civil litigation, criminal defense, property law, probate law, collections, appeals, landlord-tenant law and civil protection orders. Walk-ins welcome. Everyone will be helped on a first-come, first-served basis. pplibraries.org
Teen Game Night: Enjoy table top and video games. Mondays 5 to 6 p.m. at the Simla Library; Thursdays 6-9 pm at the Kiowa Library; Fridays 3:30 to 5 p.m. at the Elizabeth Library. Want pure competitive gaming? Teen Tournament League every Tuesday 6-9 pm at the Kiowa Library. pplibraries.org
Movie Night: Popcorn and movie of your choice. Every Friday night 5 to 7 p.m. at the Kiowa Library. pplibraries.org
We Create: Make art and more from old book every Thursday from 4-5 pm at the Simla Library. pplibraries.org
Playing Cards: Go fish, slap jack, black jack you name it. Mondays 1 to 2:30 p.m. at the Elbert Library; Thursdays 11 a.m. to 1 p.m. at the Elizabeth Library. pplibraries.org
Editor’s note: Submissions are due noon Wednesday for publication the following week. To place a calendar item, go to eventlink. coloradocommunitymedia.com.
Trading Card Club: Bring your cards (Pokemon, Yu-Gi-Oh, Magic the Gathering) and have fun. Every Monday 3:30-7 pm at the Kiowa Library. pplibraries.org
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November 29, 2018N
‘Food market on wheels’ brings groceries to those in need Parker-based nonprofit says its mobile food truck is first in the state BY NICK PUCKETT NPUCKETT@COLORADOCOMMUNITYMEDIA.COM
The shelves are stocked with pork chops, fruit, hot chocolate — a variety of food items you’d find in a grocery store. And, just like in a grocery store, shoppers push their carts alongside, choosing what they need. The only difference is this store is a truck, a “food market on wheels,” the first mobile food bank in the state, according to Dennis Gorton, executive director of SECOR Cares, a Parker-based nonprofit that provides essential food items and financial consulting to families in need. “One of the problems in Parker is public transportation,” Gorton said. “One of the answers we’re looking at is we can go to these areas, these communities, and bring the food to them.” The Southeastern Community Outreach (SECOR) center unveiled its mobile food market in October as a way to serve groceries to families with limited access to transportation. It brought the
The SECOR Cares mobile food market will be able to feed up to 100 families of four in one trip. It is owned and operated by Southeastern Community Outreach in Parker. NICK PUCKETT truck to an Aurora neighborhood Nov. 3 to serve about 100 families. Gorton said most of the shelves were empty within two hours. “We’re only going one day a week right now, and that’s because not all the pieces of the truck are here yet, and we don’t have the money for the food right now,” Gorton said. “We hope by the end of this year we’ll be fully functioning.” ‘Our heart is to feed these people’ The nonprofit, started in 2006, has an office and free food market in north Parker where families can shop for
a variety of essential food items. Additionally, the organization offers resources for financial counseling, individual and family counseling, legal services and medical and dental aid. According to SECOR, the organization serves about 1,600 families each month in Parker and 300 families a month in its Aurora and Highlands Ranch locations. It also runs the “Food for Thought” program, which provides food to more than 700 elementary-aged children and their families on weekends. But SECOR also is serving an increasing number of senior citizens and people in their 30s, Gorton said. And
the mobile food bank is essential to providing food to as many people as possible who need it. “Our heart is to feed these people,” Gorton said, “This mobile market will allow SECOR Cares to target pockets of poverty, including senior and section eight housing locations that currently have no support.” According to Hunger Free Colorado, an organization to combat hunger in Colorado, one in 11 adults in the state struggles with hunger problems, and one in seven kids does not know where his or her next meal will come from.
‘They really need this food’ Christian Brothers Automotive custom-built the mobile food market. The truck is larger than an average food truck, about 27 feet in length, and cost $98,000 to build. The entire cost was donated by Christian Brothers Automotive. The truck can carry enough food to feed about 100 families of four with about $300 worth of food per family, or $30,000 worth of food at a time. It holds a variety of about 25-35 different items. Right now, the truck is serving mostly Douglas, Arapahoe and Elbert counties and hopes to expand to location in Highlands Ranch, Castle Rock and Parker. Once the truck is fully functional, it will be able to make two trips per day, with reloading at the SECOR office in Parker. According to SECOR, the organization will spend about $20 per week to feed a family of four through the mobile food market. The truck costs about $250,000 a year to operate, which includes paying for the driver, gas, insurance and food. Jim McMullen, a SECOR volunteer, said he is impressed with the amount of people the organization has already been able to help through the truck. “I get people in tears that are so gracious because,” Mullen said, “they really need this food.”
Indoor Parker Racquet Club set to open in January BY NICK PUCKETT NPUCKETT@COLORADOCOMMUNITYMEDIA.COM
A state-of-the-art indoor tennis facility, nearing completion in Parker, will put the town on the map as a major stop for competitive tennis across the Front Range. The Parker TO LEARN MORE Racquet Club indoor tennis For more information, facility has visit www. Parker been under conRacquetClub.com. struction since April and is expected to be finished sometime early next year, Parker Racquet Club junior instructor Craig Marshall said. The 48,000-squarefoot facility will include six tennis courts, locker rooms, a pro shop and a 135-foot-long viewing mezzanine. “The town of Parker is a fastgrowing area and a very, very popular spot for tennis,” said Kurt Desautels, director of communications at United States Tennis Association-Colorado. “It is a growing area for people of all ages and the opportunity for youth and adults to play is incredibly important to a growing community of families.” The club’s three co-owners, Barry
Riddle, Steve Prosowski and Marshall, have been planning this facility since 2011. Marshall, also a tennis coach at Legend High School, said the facility will impact the tennis community statewide. “This is the vision of a dream coming true,” Marshall said, looking at the steel skeleton of the structure during a tour Nov. 10. “We’re local Parker residents, and we want to make sure there’s always open courts for people to come to play ... We’re striving for that balance that if you want to go play tennis on a blizzard day, you can do that.” Seven years in the making, the indoor tennis facility will include opportunities for pickle ball and other racquet sports as well. The facility will be the first of its kind in Douglas County, and the first in the metro area with a viewing mezzanine. It is under construction across from the Parker Fieldhouse on the corner of Twenty Mile Road and Plaza Drive. The facility cost about $6 million to build, with about $1 million of it fundraised by members. The Town of Parker leased the 40 acres of land to the club for $1 a year. The club will offer member registra-
tion, but will also be open for public use. Parker Tennis, a tennis instruction club related to the Parker Racquet Club, currently uses Railbender Park for instruction and friendly matches. Prosowski said the new facility will expand opportunities for the sport across Douglas County. “There’s no other facility like ours that has the mezzanine aspect,” said Prosowski. “To have that facility will be a huge draw for the town — not just for local tournaments — but, hopefully, for some national tournaments as well.” Marshall said the indoor facility has already sold about 70 memberships. Marshall expects the facility to attract large-scale high school and college tennis tournaments, and make Parker a destination in the Front Range and statewide tennis circuit. Doug Jones, a club member, sees the community benefit to bringing the facility to Parker. “If you look at the Rec Center, the Fieldhouse, downtown, all the stuff Parker’s done, it’s just another asset for the community,” Jones said. “Recreation is just a huge positive for people.”
Scott Grumley (left), head foreman of Centerre Construction, and Craig Marshall, junior instructor and cofounder of the Parker Racquet Club, tour the floor of the Parker Racquet Club indoor tennis facility Nov. 10. The facility will feature a viewing mezzanine and six courts, with room to expand, and will open January of 2019. NICK PUCKETT
Elbert County News 5
November 29, 2018
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6 Elbert County News
November 29, 2018N
FROM PAGE 1
Landowners would not have to have their land rezoned, but would still have to submit site plans for approval. The proposed EDZ would require only administrative approval, eliminating public hearings and shortening the process. The lack of public hearings was at the heart of the BOCC discussion, as citizens spoke against the EDZ, claiming it would pave the way for uncontrolled growth in the county. Sam Albrecht, Elbert county manager, addressed the room full of concerned citizens before public comments began. “The EDZ is nothing new. It has been discussed in town halls, with the BOCC, open houses and planning commission meetings. It’s been in the works for over a year now,” said Albrecht. “Citizen concerns have been both pros and cons, and we have not received large amounts of concerns. Commercial businesses have been frustrated by the old process that took time and money. “It makes sense to have commercial business along the roadway corridors. Good local jobs are a good thing. Good shopping and services locally are a good thing.” Carla Hagood, with the Elbert County Citizens Growth Advocacy Group, GAG, asked commissioners to slow down and consider the implications of the EDZ. “I saw a number of questions posed here, but didn’t see any answers here,”
‘I used to have 60 acres. Now I have 58. Two of them were taken for roads. I also have a high-pressure gas line that runs down two sides of my property. All this stuff has been done without my permission, and has been done for the betterment of the people and the county.’ Roy Leak, Elbert County resident
said Hagood. “There are some big changes here that we need to be sensitive to. It’s in everyone’s best interest that Elbert County be successful in their economic efforts. “But since you don’t really know the unintended consequences and lessons we will get from this, let’s incorporate it slowly, and review it every six months.” Resident Roy Leak said he preferred the first draft of the EDZ that was proposed, and hoped commissioners would settle the matter soon. “I used to have 60 acres. Now I have 58. Two of them were taken for roads. I also have a high-pressure gas line that runs down two sides of my property. All this stuff has been done without my permission, and has been done for the betterment of the people and the county,” said Leak. “I hope one of these days to sell my
property and retire. I’m most recently disturbed by the things that come out in this overlay and the amendments being proposed in this overly. You’re eliminating the ease with what a small business can go in and make a living in this county.” Tom Maroney said the amendments were like going back to square one, and the delay posed by special use review would hurt potential business in the county. “I hope you understand I’ve been doing this in this county for a long time, and requiring a special use review is like going back to square one,” said Maroney. “All the work we’ve done on this, we’ve been trying to invite economic development in. I’ve had two deals crash right after the planning commission approved the special use reviews. “I implore you to look at the regu-
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lations for special use review and streamline it. It can’t take nine or 10 months.” The revised EDZ proposal would identify many of the original 40-plus uses by right instead as a special use review, which would mean review by the planning and county commissioners, as well as notification of neighbors, which could take several months, according to Vince Cooper, representative of the CDS. Uses permitted by right could be approved in as little as two months. Commissioner Chris Richardson addressed concerns over the special use request vs. use by right, and citizen concerns that they would have no notification or say in what is built on the property next to them. “We generally have a pretty extensive review of all comments, and the one that’s been high on my mind, that’s come up on several occasions, is the need for public hearing,” said Richardson. “Primarily I think we were all in agreement that we all recognize transparency in a public hearing process was necessary,” said Richardson. “We’ll be working through a few options, but what we’re committed to is a transparent process that provides public notice and public hearing before a decision is made. “I think we’re extremely close to something that meets the goals for the comprehensive plan in providing for some economic return on the roads that the taxpayers have spent a lot of money putting in, and preserving character of the county while making sure things don’t happen in a way that surprises people.”
Elbert County News 7
November 29, 2018
Carriage rides roll out for Parker Christmas Market Holiday tradition brought back from summer budget cuts BY NICK PUCKETT NPUCKETT@COLORADOCOMMUNITYMEDIA.COM
The Parker Chamber of Commerce is hosting its inaugural Parker Christmas Market Nov. 30, an event that will feature annual horse-drawn carriage rides. The rides were cut from the town’s budget in August but were recently picked up by the Parker Chamber. This first Parker Christmas Market, according to Parker Chamber of Commerce president Dennis Houston, who spoke before council during the Nov. 5 meeting, will combine several events. It will include the seventh Parker Chamber Wine Walk of the season and the third annual Sip-NShop. The event will be from 4 p.m. to
‘If you’re attending the event as a guest, you have so much to choose from in those two days.’ Lael Taylor, Parker Chamber director for signature events 9 on Nov. 30 and 10 a.m. to 6 p.m. on Dec. 1. The event will consist of two Santa Clauses, Christmas carolers and shopping as well. “We’re looking forward for people able to get out and support the downtown businesses and those other area businesses that have an area exhibit as well,” Houston said.
Carriage rides were one of the many items that were cut from the town’s budget in August. The town made $2 million worth of cuts in the summer in response to a declining rate of growth in town sales tax revenue, which is the main source of revenue from the town’s general fund. The carriage rides event cost about $18,000 in the town’s budget. With sponsorship, the town absorbed about $11,000 of the cost of the rides in 2017. The Parker Chamber of Commerce hosted the carriage rides last in 2013 before the town oversaw the event. “It’s highlighting downtown Parker a little bit differently. If you’re attending the event as a guest, you have so much to choose from in those two days,” said Lael Taylor, the Parker Chamber director for signature events. “We’re allowing the community to enjoy something that’s been a longstanding tradition.” The rides are first-come, first-served
and are in partnership with Moonlight Carriages. This year’s carriage rides will cost $5 for adults. Kids under 12 will ride for free if accompanied by an adult. The rides will be similar to the original rides put on by the town. Since this year’s carriage rides were put together last-minute, the rides will look slightly different, resembling more of a hay ride. It will follow a similar, 12-minute route around downtown Parker. The Friday after Thanksgiving, Nov. 23, will be the Mayor’s Holiday Lighting, followed by the Christmas Market the following week and the annual Carriage Parade the week after. According to Houston, a downtown business owner said the Christmas Market will be a good opportunity to potentially attract prospective businesses to move into downtown. “It will be a one-two-three punch, Houston said, “to get people downtown.”
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November 29, 2018N
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Elizabeth wrestlers ready Cardinals have four state qualifiers returning to team BY TOM MUNDS TMUNDS@COLORADOCOMMUNITYMEDIA.COM
Returning veterans, including four state qualifiers, will help anchor this year’s Elizabeth High School wrestling team. “I expect we will have a pretty good team this year and I look forward to starting practice,” Todd Johnson, Cardinal wrestling coach, said Nov. 8. “We will have a lot of guys back, including four of our wrestlers who qualified for state, plus we have kids who have come up through our program on both the varsity and the junior varsity teams.” The team started official practice Nov. 12 and will take the mat in competition for the first time at home Nov. 29 against Lewis Palmer. “All our guys are looking forward to the opener,” Johnson said. “We wrestled them last year and lost to them by one point so it is a match we really want to win.” The Cardinals had a solid team last year and the coach said it is strengthened by the return of the state qualifiers, Chris Krammer at 113 pounds, Will Erzen at 120 pounds, Brewer Winkle at 145 pounds and Abe Leonard, who finished sixth at state. Leonard wrestled at 170 pounds last year and will wrestle at 195 pounds this season. The coach said he expects a good turnout for the wrestling team. “I expect we will have the kids to fill all the weight classes for the varsity
and kids to fill all the weight classes at junior varsity,” Johnson said. “We usually have a lot of kids who wrestled varsity and junior varsity last year, plus we usually have quite a few freshmen who join our team.” He said the middle school coaches often visit the high school practice to observe the system and style the high school coaches teach. “The strong middle school program is a plus for us,” Johnson said. “The middle school coaches teach a style about the same as we use at the high school, so the middle school wrestlers know the system when they come to us. The high school and the middle school coaches work together so our wrestlers can move up through what is basically a seven-year program.” Coach Johnson said a number of his players also played football for the Cardinals. “The guys come to us in good shape for football but they have to work hard on conditioning because being in shape for football isn’t being in shape for wrestling,” he said. “We work on conditioning all the time but the focus of the early practices is getting use to the bumps and bruises that come from being out there on the mat.” Johnson said the coaches work also work with the wrestlers during the summer. “Most of our wrestlers joined us as we went to two wrestling camps this summer,” he said. “We also hold open gym hours during the summer and fall and we encourage wrestlers who aren’t playing a fall sport to come in, lift weights and spend time working on wrestling techniques by going against teammates.”
Elbert County News 9
November 29, 2018
Colorado finalizes tough future emission standards Commission’s vote will affect new vehicles starting with 2022 model year BY CHRISTY STEADMAN CSTEADMAN@COLORADOCOMMUNITYMEDIA.COM
Colorado is joining 13 other states and the District of Columbia in adopting Low Emission Vehicle Standards, requiring new vehicles LEARN MORE starting with the 2022 model year Colorado Air Quality to meet strict Control Commisstandards for fuel sion — www.coloeconomy and exrado.gov/pacific/ haust emissions. cdphe/apcd The Colorado Colorado CommuniAir Quality Conties for Climate trol Commission’s Action — cc4ca. vote took place on org/ Nov. 16. One of the Clear the Air nine commissionFoundation — cleartheairfounSers was recused from the vote, and dation.org/ it passed 8-0. “This is a win for the state,” said Anita Seitz, a Westminster city councilor and the president of Colorado Communities for Climate Action, a
coalition of Colorado governments that advocates for state and federal policies to protect Colorado’s climate. “Colorado has been a leader in this area, and it’s imperative that we continue. This is what our residents demand.” The Colorado Air Quality Control Commission’s decision will provide Coloradans with cleaner air and reduce the impacts of climate change, said Jacob Smith, the executive director of Colorado Communities for Climate Action. “The transportation sector is the largest contributor of carbon pollution,” Smith said. “By steadily improving fuel economy standards, we will continue to reduce damaging carbon pollution.” While advocates of the low-emission standards argue that it will provide consumers with savings at the fuel pump, opponents argue that it will cause a hardship on Colorado’s new vehicle buyer. In a press release, Tim Jackson, the president and CEO of the Colorado Automobile Dealers Association, said the biggest negative impact will be on working families and the economically disadvantaged. SEE EMISSION, P13
Funds available to serve at-risk Veterans Emergency assistance is available to veterans struggling with housing (mortgage and rent payments), transportation, employment, healthcare or other emergency needs. To apply for the veterans assistance funds visit www.douglasveterans.org or call 303-
663.6200.
Interested in becoming a foster parent or adopting a child? Attend a free information session from 6-7:30 p.m., Monday, Dec. 17 at Charles Schwab, 900 Schwab Way in Lone Tree. For more information please call 303-636-1KID or to register online visit www.collaborativefostercare.com
Apply for 2019 Community Safety Volunteer Academy The nine-week Academy is offered by the Douglas County Sheriff ‘s Department. Deadline for applications is December 27, 2018. For more information visit www. dcsheriff.net and search for CSV Academy.
Need help with home heating costs? Eligible low income households in Douglas County may apply for energy assistance through the Low Income Energy Assistance Program (LEAP) beginning Nov. 1. For more information, or an application, please visit www.douglas.co.us and search for LEAP or email LEAPHELP@discovermygoodwill.org
What’s happening with your County Government? Our commitment to open and transparent government includes online posting of information about all public meetings at which the business of government is conducted. To view agendas for various public meetings, visit www.douglas.co.us and search for Meetings and Agendas.
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10 Elbert County News
CALM AFTER THE STORM
November 29, 2018N
Paramedics and firefighters load actors portraying shooting victims into ambulances.
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‘We want to be ready when the worst happens’ Firefighters, police, paramedics hold lifelike mass-shooter trainings BY DAVID GILBERT DGILBERT@COLORADOCOMMUNITYMEDIA.COM
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Law enforcement, firefighters and paramedics are training side-byside this month, part of an effort to coordinate and streamline emergency response to mass shootings. Hosted by South Metro Fire Rescue and involving a dozen area police departments and sheriff ’s offices, the “Active Threat Response” training sessions pit first responders against a mock massacre in a church basement. “The idea is stress inoculation,” said South Metro Fire Rescue spokesman Eric Hurst. “The more we can expose first responders to a high level of stress, the better they’ll handle it in real life. It’s their responsibility to manage a scene as they’ve been trained.” During a session held Nov. 9 at Brave Church in Cherry Hills Village, EMTs and college students portrayed a half-dozen shooting victims — one of whom was assumed to be the shooter. The actors’ faces were caked with stage makeup to look like bloody bullet wounds. Several “victims” wore “cut suits,” which are flesh-like suits filled with lifelike organs so that paramedics can train on packing and sealing gaping wounds. Others wore backpacks with bladders filled with fake blood, which pooled around their limp bodies. On a cue, actors began moaning and howling, and officers rushed in, guns drawn, clearing the area. Close on their heels followed crews of paramedics, wearing ballistic vests and helmets that made them difficult to discern from police. Officers stood stock-still with guns trained on doorways while paramedics triaged victims, stabilizing wounds and whisking them outside to waiting ambulances. The presence of paramedics immediately behind police officers is a change in tactics from years past
An actress portraying a shooting victim is loaded into an ambulance. PHOTOS BY DAVID GILBERT
when paramedics waited until law enforcement declared an entire building safe to enter, Hurst said. One instructor cited the death of Coach Dave Sanders, who bled to death in the 1999 Columbine High School massacre, as a failure of the old strategy. Training together helps emergency responders identify shortcomings in cross-agency communication, said Jackie Erwin, Littleton Fire Rescue’s emergency manager. “Being able to communicate and understand what each other are doing is crucial,” Erwin said. “This introduces and reinforces terminology that police and fire use between each other.” The unfortunate reality is preparing for massacres is important these days, Hurst said. “We’re seeing these events all over the country,” Hurst said. “This is a response to the world around us.” Hurst said the training taking place in a church was “tragically ironic,” coming just two weeks after a man killed 11 worshippers in a Pittsburgh synagogue. “We want to be ready when the worst happens,” Hurst said.
Elbert County News 11
November 29, 2018
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12 Elbert County News
I
LOCAL
VOICES
When products are sealed, there’s a failure to yield
admit there were top and remove it. This QUIET no witnesses. exposed the product, DESPERATION some of which I conI hope by now, however, you sumed on a small sheet of bread. can trust me, even It was a historic mothough I did steer a ment in my kitchen. lot of investors in The dog went to a the wrong direction neutral corner when on that chicken-flaI shouted, “Godfrey vored chewing gum Daniel.” project of mine. Just about everything Earlier today, I else, every cheese, evopened a new jar Craig Marshall ery cracker, every box, of (creamy) peanut Smith tin, container, takes butter with my bare my complete focus, and hands. tests my will. I did it on the first try. I did “EZ Open”? There is no it without going into training for a week. I opened it without such thing. As I have said in the past, if grunting or groaning, tapping it first with a knife, or holding it says “EZ Open” it isn’t. They put “EZ Open” on the it under hot water. label because they know it I held the jar in my left isn’t, and that it puts the onus hand, and used the fingers on me. on my right hand to twist the
Y
November 29, 2018N
If it says it’s easy to open and I can’t open it, it’s my fault, not theirs. It’s reverse psychology. As I said, I didn’t have to go into training to open the peanut butter. But when it comes to my favorite pickles, I do reps for a week while the jar sits on the counter and waits for me. My mother — may she rest in peace — used to give jars a try and then ask her strapping husband to take care of it. This went on for years when I was growing up. Later on, they told me the truth. It was a set-up. Mom could open the jars, but it was her way of giving my father a moment of glory. It was the 1950s, and that’s what wives did back then. Once Helen Reddy came along,
however, everything changed. Cheese singles are the inglorious contempt of matter against humanity. There is nothing more infuriating to open. It cannot be done barehanded. Cheese singles should come with cheese singles scissors. Likewise bacon. I don’t buy bacon because someone who calls himself a doctor told me not too. When I did buy bacon, the package it came in always won. I’d wind up with shredded paper and plastic and greasy fingers. Packaging today is designed to be difficult to open, so packages are nearly impossible to tamper with in stores. And in homes. An aspirin bottle comes in a box. The bottle has a child-
proof cap that doubles as an adult-proof cap. There’s a plastic wrap around the cap that has to be removed, then arrows have to be lined up, then a lid cover has to be peeled off, then cotton wadding has to be removed. It always gives me a headache. These are trifles in life. Understood. But enough of them in a day become more than that. If you collage a struggle with cheese singles with heavy traffic, with the boss forgetting your name, and with your pen running out of invisible ink, it makes for a Bad Tuesday. Craig Marshall Smith is an artist, educator and Highlands Ranch resident. He can be reached at craigmarshallsmith@comcast.net.
The Thanksgiving habit is something to stick with
ou may be asking yourself why you are reading a Thanksgiving article the week after Thanksgiving. The reason is that too often, the minute after we say goodbye to family and friends with whom we just shared our WINNING holiday, the feelWORDS ing of gratitude escapes us as if it were Harry Houdini himself. After all, it is now “game on” for Christmas and Hanukkah. As a matter of fact, we may even hear, “Thanks for dinner, save me some pie, I will be Michael Norton back for dessert and family time right after I hit a couple of these stores that are open tonight.” Research shows that it could take anywhere from 18 days to 254 days to create a new habit. One study in particular states that it takes 66 days, and then there is another finding that claims that it takes 21 days to form a new habit. It is subjective in that the variables are the people and their behaviors. Well, this was a three-part series,
and is my third and final column about Thanksgiving, gratitude and appreciation. For those of you counting, that was three weeks or about 21 days, depending on when you read each column, and just about enough time to start forming a new habit. The reinforcement of this topic is so important because it feels like gratitude has become a momentary emotion or a fleeting feeling as we are already anxiously awaiting the next thing that is coming our way. What’s next? Or: What’s in it for me? Many of us, myself included, really look forward to the Thanksgiving Day meals. I mean everything from breakfast through the multiple courses served throughout the day, and of course the desserts. Notice I said desserts, plural. But there is something that is more important than our meals, because isn’t it true most of us tend to eat pretty well every day? What is more important is the gratitude that others who aren’t so well-off feel when they too get to have a meal. The appreciation they have for the meals that must be provided for them. And whether we funded those meals, made those meals, served those meals, or delivered those meals, my hope would be that we all felt grateful for having had the oppor-
JERRY HEALEY President
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tunity to serve others in some way. You see, being grateful isn’t just reserved for when we get things or assistance, it is also about having gratitude and appreciation for when we have the opportunity to bless and serve others. It is an incredible feeling to give, to give cheerfully and thankfully. You know the feeling I am talking about don’t you? The smile on someone’s face when we help, the firm handshake of the people we are lifting up, the tears of joy in their eye, the warm embrace and hug. And remember what “HUG” stands for, Having Unbelievable Gratitude. What I am talking about here is developing and maintaining the spirit of Thanksgiving and creating a habit of gratitude and appreciation that goes far beyond the holiday. I hope that it is a habit that we will never want to break. We can all show our appreciation more, we can all demonstrate gratitude, we can do it through the simplest of ways too. A simple thankyou, a quick note, a card, a smile, a call, a text, and maybe just doing something to help out in return or pay it forward. Our world could use more people with an attitude of gratitude. Our community could use more people developing a habit of gratitude and
DAVID L. THOMPSON Marketing Consultant
appreciation. Our families can all become stronger and closer when we recognize each other and share how blessed we are to be a family. A habit starts when we do. What if today, we all set a goal to live out Thanksgiving each and every day? What if we could change someone’s minute, hour, day or life by showing them a little more gratitude and appreciation? I know that you already know the answer, we would be living in a world that has just a little more love and kindness, a little more love and gentleness, and a little more love and forgiveness. So how about you? I hope you won’t be too surprised if I say Happy Thanksgiving if I run into you somewhere in February, or April, or next September. And I do hope that you will try and create a new attitude of gratitude habit for yourself. As always, I would love to hear your story at gotonorton@gmail.com and when we are successful at creating that new habit, it really will be a better than good life. Michael Norton is a resident of Castle Rock, the president of the Zig Ziglar Corporate Training Solutions Team, a strategic consultant and a business and personal coach.
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ELBERT COUNTY NEWS (USPS 171-100) A legal newspaper of general circulation in Elizabeth, Colorado, the Elbert County News is published weekly on Thursday by Colorado Community Media, 750 W. Hampden Ave., Suite 225, Englewood, CO 80110. PERIODICALS POSTAGE PAID AT ENGLEWOOD, COLORADO and additional mailing offices. POSTMASTER: Send address change to: 750 W. Hampden Ave., Suite 225, Englewood, CO 80110
Elbert County News 13
November 29, 2018
EMISSION FROM PAGE 9
Jackson estimates that the low-emission vehicle standards will “add a $2,110 tax to the sticker price of average new vehicles in Colorado,” and that amount will be even higher on “the SUVs and trucks that Coloradans prefer.” “The commission seemed to have made its mind up before this rulemaking process even started — rapidly pushing though this complex rule that will cost our state and citizens billions of dollars without taking the necessary time to fully evaluate its impacts,” Jackson said in the press release. “Unfortunately, it is Colorado’s consumers who will ultimately pay the price for this misguided decision.” One thing that the Colorado Automobile Dealers Association and its members are already doing to make progress for cleaner air is the work of the Clear the Air Foundation. The foundation works with state automobile dealers to donate the vehicles, traded in by consumers, that emit dirty emissions
and recycles them. “When you consider that the exhaust from just one 15-year-old vehicle is equal to that of 100 new vehicles on the road today, new car dealers can put 350,000 new vehicles on the road and still have a net improvement in air quality,” said Bill Hellman, chair of the Clear the Air Foundation and owner of Hellman Motor Company in Delta. “Colorado’s new automobile dealers have been walking the talk (and) making concrete progress to clear Colorado’s air.” The nation’s clean car standards, trailblazed by California, were set nationally in 2012 under President Barack Obama. These standards require automakers to ensure that motor vehicles including cars, pickup trucks and SUVs are more fuel-efficient and achieve ongoing improvements, including lower emissions. On Aug. 2, President Donald Trump’s administration announced plans to roll back emissions and fuel-economy standards for car model years 2022-25 and attempt to override the ability for states to set their own stricter standards to protect clean air. However, Colorado Gov. John Hickenlooper signed an executive order on
June 19 titled “Maintaining Progress on Clean Vehicles.” It directed the Colorado Department of Public Health and Environment to develop a rule that establishes a Colorado Low Emission Vehicle program, then propose it to the Colorado Air Quality Control Commission for possible adoption. With the commission’s Nov. 16 decision, this program will be adopted into the Colorado Code of Regulations. Ultimately, beginning with model year 2022, Colorado will have the standards already in place, and it will protect Colorado from having to adhere to Trump’s proposed emissions rollbacks. The Colorado Air Pollution Control Division estimates that the Trump administration’s proposed rollback on emission standards would result in an additional 30.38 million tons of carbon pollution from 2022-31, Smith said. “We are talking about a huge amount of dirty emissions,” he said. “By adopting the Low Emission Vehicle Standards, we will prevent the same amount of carbon pollution in Colorado that we’d get in a decade from two of our largest coal power plants now running in Pueblo.”
The next step for Colorado is to adopt zero-emission vehicle standards, Seitz said. Zero-emission vehicles run on power sources such as electricity and hydrogen fuel cells. If adopted, this would “mandate an increasing percentage of all light- and medium-duty motor vehicles sold in Colorado to be Zero Emission Vehicles,” states the Colorado Department of Public Health and Environment’s website. “The Air Pollution Control Division is exploring approaches to a proposed rule that would impose sales quotas on vehicle manufacturers, thus increasing the percentage of zero emission vehicles in Colorado.” Consideration of the zero-emission vehicle standards is expected to begin relatively soon, Smith added, and could wrap up as early as this spring. “Combine our air pollution problem with our outdoor Colorado lifestyle, and parents across the state want to see real improvement in our air quality,” said Jen Clanahan, the “head mom” for Colorado Moms Know Best, a statewide grassroots group that advocates for children’s health by protecting Colorado’s open spaces and clean air.
OBITUARIES COOK Clara B. Cook
Local is big. You’re local. We’re local. We proudly publish 20 local newspapers & websites across the front range including:
Clara B. (Harper) Cook, age 82, of Littleton, Colorado passed away on Saturday, November 10, 2018. Clara was born August 11, 1936 in Kiowa, Colorado. She is preceded in death by her husband of 40 years, Charles “Chuck” Cook; her daughter, Clarissa A. Wright; parents, Faye Marie (Haynes) Richardson and Edward Roscoe Harper; and brothers, Floyd, Edward “Buddy” and Vernon Harper. Clara is survived by her grandsons, Jason (Carol) Wright and their son, Andrew of Aurora, CO and Justin (Raylene) Wright and their children, Levi and Autumn all of Littleton, CO; her sister, Della (Peter) Lowrance of Denver, CO; brother, Ernest Harper of Englewood, CO; sister-in-law, Evelyn Harper of Brush, CO and nieces and nephews, Peter (Lori) Lowrance of Westminster, CO, Julie (Bob) Gourdin of Thornton,
CO, Rocky (Susan) Harper of Oklahoma City, OK, Duane (Roxie) Harper of Brush, CO and Donna Harper of Brush, CO; and other loving family and friends. A Visitation for Clara was held Saturday, November 17, 2018 from 9:00 am to 10:00 am at Olinger Chapel Hill Mortuary & Cemetery, 6601 S Colorado Blvd, Centennial, CO 80121. A Funeral Service began at 10:00 am, Saturday, November 17, 2018, followed immediately by a Celebration of Life Reception in the Summit Room. A Committal Service was held at 11:00 am, Monday, November 19, 2018 at Elbert-Kiowa Cemetery, Elbert Rd, Elbert, CO 80106. Fond memories and expressions of sympathy may be shared at www. olingerchapelhill.com for the Cook family.
GREER
Mary Anne Greer 10/8/1950 – 11/15/2018
68, of Franktown, CO, walked through the Gates of Heaven to be with Jesus on November 15, 2018. Loving Wife of Billy. Treasured Momma
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of Lisa (Kevin) Charles and Kym (Joe) Hairston. Grandma and Great-Grandma. For full obituary, see ponderosavalleyfunerals.com.
STOUFER
David F. Stoufer
7/30/1930 – 11/17/2018
88, of Parker, CO, passed away at his home on November 17, 2018. Former Owner of Parker Hardware. Survived by his wife of 61 years, Mary Anne,
three children, four grandchildren. Celebration of Life on Saturday, December 1st. See ponderosavalleyfunerals.com
14 Elbert County News
November 29, 2018N
CLUBS Editor’s note: Send new listings or changes to hharden@coloradocommunitymedia.com. Deadline is noon Wednesday a week before publication. AA If you want to drink, that’s your business. If you want to stop, that’s ours. More than 1,000 AA meetings are offered every week. To find a meeting near you, call 303-3224440, or go to www.daccaa.org. Affordable Colleges Online: guidebook includes a collection of scholarships for women, including due dates and award amounts; insight into the financial aid application process; and other funding opportunities, such as industry-specific scholarships and funding for special groups. Go to http://www.affordablecollegesonline. org/womens-guide-paying-for-college/ Camping Singles: 7 p.m. the first Tuesday of the month. Membership ranges from 40s to 60-plus. Colorado single adults who enjoy camping, fishing, hiking, swimming, biking, sightseeing, photography, the camaraderie of others, and starry nights around the camp fire. We usually camp in campgrounds within 2 to 5 hours of Denver. Contact campingsingles@gmail.com Castle Rock Bridge Club: 1 p.m. Mondays and Wednesdays at Plum Creek Golf Club, 331 Players Club Drive, Castle Rock. Friendly, ACBL-sanctioned duplicate games. For assistance in finding a bridge partner, call Georgiana Butler at 303-810-8504. Go to www.castlerockbridge.com. Chess: 10 a.m. to 1 p.m. Saturdays at the Simla Library. All skill levels and ages welcome. Call 719-541-2573.
Douglas-Elbert County Music Teachers’ Association: 9 a.m. every first Thursday at Parker Bible Church, between Jordan and Chambers on Mainstreet. All area music teachers are welcome. Call Lucie Washburn, 303-814-3479. Elbert County Sheriff’s Posse: a nonprofit volunteer organization that is part of the Elbert County Sheriff’s Office. As volunteers we support the Elbert County Sheriff ’s Office, all law enforcement in our county, and the community at large. Go to http://www. elbertcountysheriff.com/posse.html, or contact Dave Peontek at 303-646-5456. Elizabeth American Legion, Post 82: a veteran’s association supporting veterans, their families and the community, meets the first Monday of every month (except when the first Monday is a holiday, in which case the meeting is the second Monday) at the Legion Post Hall at South Banner Street and Elm Street in Elizabeth. Social hour begins at 5:30 and business meeting starts at 6:30. Friday Afternoon Club meets from 5-7 p.m. Fridays and Veterans Coffee Club meets Wednesdays from 8-11 a.m. for social time. All veterans are invited. Website: aml82.org. Elizabeth Food Bank: 12:30-3 p.m. Friday and 9-11:30 a.m. Saturday at 381 S. Banner in Elizabeth (next door to Elizabeth Presbyterian Church); available to help anyone who needs food. Other times by appointment. Game Night: 4 p.m. Mondays at the Kiowa Library; call 303-621-2111. Also, 5 p.m. Tuesdays and 5 p.m. Wednesdays at the Elbert Library; call 303-648-3533. Enjoy board, card, and video games for all ages. Go to pplibraries.org.
Dear Douglas County Election Staff and Workers: As we wrap up the 2018 general election, I’d like to take a moment to express my thanks and recognize you for working side by side to ensure the integrity of the election process. Together you provided voters with the opportunity to exercise their most fundamental privilege, and voters exercised that right, which was evidenced by the historic mid-term turnout. From the implementation of the election itself, to processing more than 179,500 ballots and tabulating the results, it was your hard work and dedication that ultimately made the elections process a success. During the 2018 general election, our election workforce grew from 12 members of staff to 272, including staff and workers, all who assisted in processing one of the largest ballots in the county’s history. Your dedication to preserving the integrity of this democratic process is appreciated and applauded. As the County’s chief elections officer, please accept my most sincere thanks. Respectfully yours, Merlin Klotz Douglas County Clerk and Recorder
Visit www.douglas.co.us
Kiowa Creek Food Pantry: open from 8:30 a.m. to noon Tuesdays in the Fellowship Hall at 231 Cheyenne St., Kiowa. Distribution for the State of Colorado TEFAP food program. Food is distributed monthly to low-income individuals/families that qualify. We also distribute senior food boxes for the state; those 60 and older may qualify for a monthly supplement. If you are in need of food assistance or know someone who is, we may be able to qualify you for one of these programs. Call the food pantry at 303-621-2376.
tured speakers and elected officials’ updates. Registration/social hour begins at 6:30 a.m. Attendance is free, coffee is $5 and a full breakfast can be purchased for $15 (all cash only). Contact Mark Hall at 720-984-4128 or e-mail via parkerbreakfastclub.com.
Knitting Group: 2 p.m. Tuesdays at the Kiowa Library. Knit and chat. All skill levels. Call 303-621-2111 or go to pplibraries.org.
Ranchland Republican Women: 7 p.m. third Monday of each month at the Elizabeth Library, 651 Beverly St. Membership is open to Republicans only. Dues are $25 for a full voting member (women only) and $10 for a non-voting member (can be women or men). For a membership application and other information, go to www.RanchlandRepublianWomen.org.
Knitting and Crocheting Baby Beanies: Join #beaniesforbabies and use your knitting and crocheting skills for baby beanies that we donate to local hospital nurseries and NICUs. Meets every second and fourth Saturday of the month. Call 303-503-9773.
Seniors Meet: 11 a.m. Mondays at the Elizabeth Senior Center, 823 S. Banner St. Bring a dish for potluck on the first Monday of each month. Other Mondays, bring a sack lunch. Bingo, games and socializing. Call Agnes at 303-883-7881 or Carol at 303-646-3425.
Lawyers at the Library: 6-9 p.m. the second Tuesday of every month at the Elizabeth Library, 651 W. Beverly St. Free legal clinic for parties who have no attorney. Volunteer attorneys will answer questions, help fill out forms and explain the process and procedure for the areas of family law, civil litigation, criminal defense, property law, probate law, collections, appeals, landlord-tenant law and civil protection orders. Walk-ins welcome. Everyone will be helped on a firstcome, first-served basis.
Simla Open Mic Night: 6:30 p.m. Fridays at the Simla Library. Share poetry, music, dance, comedy or painting (inter alios), or just come and watch.3333
LEGO Master Brickster: 3:45 p.m. Thursdays at the Kiowa Library. Build LEGO stuff together. Call 303-621-2111 or go to pplibraries.org. Mystery Book Club: 9:30 a.m. the first Saturday of each month at the Simla Public Library. Group talks about a variety of mystery authors and titles. We also periodically host a Colorado author. Everyone may join, and registration is not required. Visit the Simla branch of the Elbert County Library District at 504 Washington Ave., call 719-541-2573, or email farabe@elbertcountylibrary.org. Outback Express: public transit service provided by the East Central Council of Local Governments. To ensure a seat is available, 24-hour notice appreciated. Call Kay Campbell, 719- 541-4275, or 800-825-0208 for reservations. Go to eccog.com. Outback Express runs from Simla and Matheson to Colorado Springs on the first and third Monday of each month; from Simla and Matheson to Limon on the fourth Thursday of each month; from Kiowa, Elizabeth and Elbert to Parker or Colorado Springs on the first and third Tuesday of each month; from Elizabeth to Colorado Springs or Parker on the second Tuesday of each month. Good Samaritan Nursing Home Residents may ride the bus on the second Thursday of each month. Overeaters Anonymous: 10-11 a.m. and from 7-8 p.m. Wednesdays in the Sedalia Room at New Hope Presbyterian Church, 2100 Meadows Parkway, Castle Rock. Parker-Franktown-Elizabeth Paper Crafting Club: meets on various weekday evenings and weekends at 7786 Prairie Lake Trail, Parker (in the Pinery). Open to anyone. Contact Alison Collins at 720-212-4788 or go to http://www.meetup.com/Parker-Franktown-Elizabeth-Paper-Crafting-Club/ Parker Republicans meet at 7 a.m. the first Friday of each month at Rory’s Diner, 11020 S. Pikes Peak Drive, Parker. Meetings have fea-
Sky Cliff Center Caregiver Support Group: 10-11:30 a.m. the third Tuesday of each month at 4600 E. Highway 86, Castle Rock. Caregiving for adults can be challenging at times, and you’re not alone. For information, or to let the center know if you’re coming, call 303-814-2863 or email skycliffctr@skycliff. org. Go to www.skycliff.org Sky Cliff Center Stroke Support Group: 10 a.m. to 12:30 p.m. the second and last Wednesday of each month at Christlife Community Church, 5451 E. Highway 86, Franktown (lunch provided). Also, 10-11:30 a.m. the third Wednesday of each month at Sky Ridge Medical Center, 10101 Ridge Gate Parkway, Lone Tree. Call Sky Cliff Center at 303-814-2863. Southeast Beekeeping Club meets from 6:30-8:30 p.m. the first Wednesday of every month at the North Pinery Firehouse, Parker. All levels of beekeeping welcome, from no-bees to wanna-bees to tons of bees. Our meeting time is spent solving beekeeping challenges, networking and refreshments. There is no fee for this meeting and a lending library is available. Call Sue Huseby, 970-3765236 or email sebcbeemail@gmail.com. Go to southeastbeekeepingclub.com. Teen Tuesday: 5 p.m. Tuesdays at the Elbert Library. Play card and video games. Call 303648-3533 or go to pplibraries.org. Therapeutic Riding: Promise Ranch Therapeutic Riding in Franktown is a nonprofit organization that provides equine assisted activities and therapies for children and adults with disabilities and/or other therapeutic or rehabilitative needs. We offer adaptive/therapeutic riding and horsemanship lessons, hippotherapy treatment sessions, to include occupational therapy and physical therapy services, and horsemanship for veterans. The ranch provides financial assistance for individuals that could not otherwise afford to participate through sponsorships and donations. Call 303-817-6531 or visit our website at www.prtr.org. VFW Post 10649: 8:30 a.m. the first Saturday of every month at 24325 Main St., Elbert. Go to http://www.vfwpost10649.org. Contact Alan Beebe at 303-435-2560 for questions. SEE CLUBS, P18
Elbert County News 15
November 29, 2018
HOW TO MAKE A DIFFERENCE Editor’s note: Send new listings or changes to hharden@coloradocommunitymedia.com. Deadline is noon Wednesday a week before publication. AARP Foundation Tax-Aide: Offers free tax filing help to anyone, especially those 50 and older, who cannot afford a tax preparation service. Need: Volunteers to to help older, lowerincome taxpayers prepare their tax returns. Requirement: All levels of experience are welcome; training and support provided. Contact: 1-888-OUR-AARP (687-2277) or www.aarpfoundation.org/taxaide Alzheimer’s Association, Colorado Chapter: Provides care and support to 67,000-plus families dealing with all kinds of dementing illnesses. Need: Walk to End Alzheimer’s committee members. Requirements: Individuals who love to help plan and execute. Walk to End Alzheimer’s attracts more than 10,000 people. Contact: Deb Wells, 303-813-1669 or dwells@alz.org. Animal Rescue of the Rockies: Provides foster care for death-row shelter dogs and cats throughout Colorado Need: Foster families for animals on lists to be euthanized Contact: www.animalrescueoftherockies.org. Ainsley’s Angels in Denver: Pairing runners and riders with special needs or physical limitations in races from 5k’s to marathons. Need: run and help push the specialized race chairs in local races. Volunteers to take pictures and videos of Angel teams at the start, middle and finish of races.
Requirements: Able to run/jog a 5k and/or work an iPhone. Contact: Law Dickerson, 225-278-4265 or Denver@ainsleysangels.org, https://ainsleysangels.org/signup Arthritis Foundation, Colorado/Wyoming Chapter: Helps conquer everyday battles through life-changing information and resources, access to care, advancements in sciences and community connections. Need: Walk to Cure Arthritis committee members and general office support. Contact: Amy Boulas, aboulas@arthritis.org, 720-409-3143. ASSE International Student Exchange Program: Organizes student exchange programs Need: Local host families to provide homes for boys and girls age 15-18. Contact: Cathy Hintz, 406-488-8325 or 800-733-2773 AYUSA: International Youth Exchange Program: Promotes quality exchange programs for high school students. Need: Host families for international high school students ages 15-18. Requirements: Provide a safe home, meals and transportation for 5-10 months. All family types considered. Must fill out onlilne application and pass background check. Contact: Adrienne Bivens, 720-467-6430 or abivens@ayusa.org. Go to www.ayusa.org. Castle Rock Senior Activity Center: Provides services to local seniors Need: Volunteer drivers to take seniors to appointments, the grocery store, pharmacies and more. Contact: Steph Schroeder, 303-688-9498
Colorado Humane Society: Handles animal abuse and neglect cases Need: Volunteers to care for pregnant cats, dogs and their litters, as well as homes for cats and dogs that require socializing or that are recovering from surgery or injuries. Contact: Teresa Broaddus, 303-961-3925 Court Appointed Special Advocates: Works with abused and neglected children in Arapahoe, Douglas, Elbert and Lincoln counties Need: Advocates for children, to get to know, speak up for and ensure their best interests in court Contact: 303-695-1882 or www.adv4children.org. Douglas/Elbert Task Force: Provides assistance to people in Douglas and Elbert counties who are in serious economic need, at risk of homelessness or in similar crisis. Need: Volunteers to assist in the food bank, client services and the thrift store Treasures on Park Street. Contact: Marion Dahlem, 303-688-1114, x32 Dumb Friends League Harmony Equine Center: Cares for homeless horses and other equines. Need: Volunteers to work with horses and other opportunities. Requirements: Must be 16 years old, pass a background check, and be able to commit to at least three hours a week for three months. Other Information: Two-hour orientation provides an overview of the services provided, learn about the volunteer opportunities, take a tour of the center, and talk with staff and volunteers. Contact: 303-751-5772 or www.ddfl.org.
Elbert County Sheriff ’s Posse: Supports the Elbert County Sheriff’s Office and the Office of Emergency Management with detentions support, patrol, administrative duties, event security, emergency services support, and call-outs as need arises. Need: With proper training and clearances, volunteers help with patrol, fingerprinting, records keeping, community event security services, disaster response and management (wildfire, tornado, blizzard, flood, disaster relief, etc.). Requirements: Must be 21 years of age or older; retired individuals are great. Must complete a employment application, pass a background check, and complete interviews. After being sworn in, in the first three months of membership, complete a minimum of 45 hours of orientation and training curriculum. After this 90-day probationary period, members must log a minimum of 10 hours of month and attend monthly training meetings. Persons ages 15-20, may join the Elbert County Sheriffs Explorer POST that is associated with the Posse. Contact: David Peontek at djp1911@msn. com or 303-646-5456. Go to http://www. elbertcountysheriff.com/posse.html; print out and complete an employment application and turn it into the Elbert County Sheriff ’s Office in Kiowa, “Attn: David Peontek.” Girl Scouts of Colorado Need: Troop leaders, office support, administrative help and more Age requirement: Men and women, 18-plus Contact: www.girlscoutsofcolorado.org, inquiry@gscolorado.org or 1-877-404-5708 SEE VOLUNTEERS, P17
LIGHTING FROM PAGE 1
The tree came from the tree farm of city public works director Mike DeVol and will be transplanted to an area near the town hall. Erickson said city employees will decorate the tree and have everything ready for the official lighting. “Many communities have a tree and lighting,” she said. “I think a lot of city employees and residents like the idea that Elizabeth now will have a tree lighting too.” The evergreen that will be Elzabeth’s Christmas tree for the holidays has been transplanted to an area near city hall. The evergreen is from the tree farm owned by Elizabeth Public Works Director Mike DeVol. COURTESY PHOTO
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16 Elbert County News
LOCAL
November 29, 2018N
LIFE
COST TO BE SANTA Susen Mesco, president of American Events and Promotions, has been educating men to become Santa Claus for 37 years. She said it can cost a lot of money just to put the suit together, not to mention the hours of preparation, education and practice to make sure a one-hour event can keep a child believing. “It used to be you’d go down to Party City and pick up a $27.99 suit,” Mesco said. “Suits now are custom-made.” Here are Mesco’s estimates of how much it can cost to look like Santa: • Suit: Up to $8,000 • Belt: Up to $500 • Boots: $600 • Beard maintenance: $150 • Santa association dues: $100 • Training: $35 • Liability insurance: $2,000 Bryan Austin, 60, primps his mustache before a Nov. 9 Christmas party hosted by a local Mothers of Preschoolers group. It takes about 30 minutes for Austin to sculpt his beard and mustache to look like Santa’s. PHOTOS BY NICK PUCKETT
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ryan Austin didn’t have to wait for his beard to turn white to become Santa. The 60-year-old Austin has been performing as Santa for 11 seasons and wore the red suit while his hair was still, actually, red. When he’s not wearing the suit, the Highlands Ranch resident does computer security work for IBM. He was just 49 years old when he began as a mall Santa, developing an entire act to sell his Santa-ness. And he has Santa down to a science. “If I come into your house and I don’t leave you with a strong memory,” Austin said, “I’ve not done my job.” Austin’s coordinated performance includes all sorts of creative acts — from singing to performing an illusional disappearance act with his Elf on a Shelf and thoughtfully scripted commentary for his reading of “The Night Before Christmas.” It helps that he has a per-
Bryan Austin, 60, in his full Santa suit at a Nov. 9 Christmas party hosted by a local Mothers of Preschoolers group. fectly round belly so he can tell kids to poke it if they ask if he’s real. Before a Nov. 9 performance for a Mothers of Preschoolers group in Highlands Ranch, Austin laid out the contents of his bag across his bed for a final check to make sure everything was there: His naughty-and-nice list, a small “magical” chest wired with lights and lined with glitter, his favorite version of “The Night Before Christmas,” his Elf on a Shelf, and other trinkets and accessories to complete the Santa look.
“Everybody adds their own personality. You just can’t help it,” Austin said. “But the important qualities aren’t that so much as you being jovial. You have to be jovial the entire time.” In his younger years, Austin was trim and athletic. He graduated from the University of Arizona with a degree in aerospace engineering. He always loved kids and is involved with youth leadership at his church. He even graduated from high school in North Pole, Alaska. The shoe fit. He will see about 150 clients
through November and December and charges between $225 and $300 an hour, depending on how close to Christmas it is. He visits hospitals for free and offers discounted appearances for those in need as well. Becoming Santa Claus is not as simple as donning a red-and-white coat. It’s not destined for any man with a long white beard, blue eyes and a round stomach, and not everyone who can “ho, ho, ho” can do it correctly: Exactly three “hos” — not two or four. No pause. From the stomach. There’s also the hat, the rosy red cheeks, the glasses, the boots (brown or black) and the gloves (black or white). Anyone can look like Santa. Developing the persona is a skill that takes years to master. “You learn that. It’s kind of like a professional actor,” Austin said. “They’ve got to learn their craft and get to a point where they learn what it’s like and how to overcome certain obstacles. “They want to keep that belief going as long as they possibly can.” SEE SANTA, P19
Elbert County News 17
November 29, 2018
Art gallery becomes a market for holiday gifts
A
new sort of exhibit in Town Hall Arts Center’s Stanton Gallery in Littleton is called “Merry at the Market.” Co-curator Moira Casey has collected smaller artworks by nine artists, which she claims transforms Scrooge’s “Bah! SONYA’S Humbug!” to “Buy SAMPLER Humbug.” The exhibit, with 20 percent of sales benefiting Town Hall, offers small two- and threedimensional pieces and greeting cards that will make very special original gifts for many on readers’ lists for the holidays. Sonya Ellingboe The gallery is open weekdays, 10 a.m. to 5 p.m. and during productions (Thursday, Friday, Saturday evening and Sunday afternoon). A special artists’ reception is Dec. 1, from 1 to 8 p.m., when many artists will be present to talk about their work. Light refreshments are promised and a visitor can talk with artists about their work — perhaps you’d be interested in another similar item? Casey notes that the show will be constantly evolving since as items sell, they will be replaced with new and different ones, so more than one visit is in order. Artists: Nancy Larner, Lois Barber, Sunny Monaco, Csilla Florida, Tammy Medsker, Maryann Leake Baisley, Stacy Robinson, Janis Goldblatt and Anna Marie Linning. Town Hall is at 2450 W. Main St. in downtown Littleton. 303-794-2787, townhallartscenter.org. PACE Center “Colorado Showcase 2018,” a juried exhibition of Colorado fine artists is on the walls at PACE Center, 20000
VOLUNTEERS FROM PAGE 15
Hospice at Home Need: Volunteers help patients and their families with respite care, videotaping, massage and other tasks. Home study training is available. Contact 303-698-6404 Hospice of Covenant Care: Nonprofit, faithbased hospice Need: support patients and families Contact: 303-731-8039 Literacy Coalition of Colorado: Volunteer to support literacy in MetroDenver and impact state-wide literacy programs. Need: Volunteer for special projects, training classes or provide clerical and administrative support. Volunteer for a few hours a week or occasionally as needed. Contact: literacyvolunteercolorado@gmail. com or 720-251-3141. Go to Literacycolorado. org to volunteer for literacy providers nearest you. Meals on Wheels: Delivers meals to residents in Englewood, southern Jefferson County and western Arapahoe County Need: Drivers to deliver meals; volunteers to
gives some extra evening time. The gallery is in unit 330 at 7301 S. Santa Fe Drive, Littleton, roxartscouncil.org. “Snowy Deer” by Csilla Florida is a small painting available in the Christmas Market at Town Hall Arts Center. COURTESY PHOTO
Pikes Peak Ave., Parker, through Dec. 24 — another opportunity to own or give original art. See parkerarts.org. Pottery for sale The annual Holiday Pottery Sale in the Half Moon at Arapahoe Community College will be held for four days from Nov. 29 to Dec. 2 . Nov. 29, 4 to 8 p.m.; Nov. 30, 9 a.m. to 8 p.m.; Dec. 1, 9 a.m. to 4 p.m.; Dec. 2, 9 a.m. to 3 p.m. ACC’s Littleton Campus is at 5900 S. Santa Fe Drive. Opening reception is 4 to 6 p.m. on Nov. 29. Throwing demonstrations at reception. Wide price range and size of functional pottery for gifts or home. Prize drawing. Santa Shop On another holiday note: The Arapahoe Santa Shop is collecting new and gently used gift items for children at a number of local businesses, recreation centers and fire stations. See website. Gift buyers are selected by referral from social services, schools … It will be held this year at a new location: Littleton Church of Christ, 6495 S. Colorado Blvd. (Arapahoe help prepare, box and label meals Requirements: Must dedicate one to two hours a week Contact: Phil or Mary at 303-798-7642 (from 8 a.m. to noon Mondays through Fridays) Neighbor Network: Nonprofit that helps older adults stay independent. Serves all of Douglas County Need: Volunteers who can provide transportation, light housekeeping, handyman and companion services to seniors. Requirements: Must be at least 21 years old and have a valid driver’s license and auto insurance. Contact: 303-814-4300, neighbornetwork@ douglas.co.us or dcneighbornetwork.org. Parker Senior Center: Provides services to local seniors. Need: Volunteer drivers to take seniors to the center for a hot meal, to appointments, to the grocery store, and more. Contact: Louise West at 303-841-5370. PeopleFirst Hospice: Denver hospice Need: Volunteers to provide companionship to hospice patients and their families. Contact: Rachel Wang at 303-546-7921 Red Cross: Supports the elderly, international causes and social services Need: Volunteers to provide support Contact: 303-607-4768 or 303-266-7855
Road and South Colorado Boulevard), Centennial. Shop dates: Dec. 8 to 12. Volunteers are needed: Contact AnneMarie Reed, ReeReeReed@gmail.com, 720-936-5349. Volunteers will set up shop in advance, help parents find gifts for their kids and break down afterwards. Cash gifts are also very welcome-so organizers can shop if there is a shortage of something popular. See arapahoesantashop.org. ‘Holiday Express’ Depot Art Gallery in Littleton brings in the “Holiday Express” exhibit for the season, with paintings, crafts, cards. Works by members and some invited guests are available. Inventory changes as items sell. Open Tuesdays through Saturdays, 10 a.m. to 5 p.m., Sundays 11 a.m. to 4 p.m. 303795-0781, depotartgallery.org. Rox Arts Gallery The recently relocated and expanded Rox Arts Gallery at Aspen Grove has paintings, photographs, ceramics, jewelry by artist/members and is open during shopping center hours, which Sunset Hospice: Provides end-of-life support Need: Volunteer training is from 6-10 p.m. every second and fourth Tuesdays; they also meet from 8 a.m. to 5 p.m. every first and third Saturday Contact: Jami Martin at 303-693-2105 The Right Step Inc.: Therapeutic horseback riding program for children and adults with disabilities. Based in Littleton. Need: Volunteers to help with horses before, during and after lessons, as well as to walk alongside clients as they ride to help keep them securely on their horses. Volunteers also needed to help with administrative tasks and fundraising. Requirements: Volunteers who help with lessons must be at least 14 years old and attend a three-hour training session. Contact: volunteercoordinator@therightstepinc.org or go to www.therightstepinc.org. Volunteers of America, Foster Grandparent Program: Foster grandparents volunteer in early childhood centers and public schools focusing on literacy and numeracy for at-risk children and youth. Need: Seniors on a low, fixed income who enjoy working with children. Volunteers work 15-40 hours a week. Contact: 303-297-0408 or www.voacolorado.org.
Story time “Making Merry” is the title for the annual holiday version of “Stories on Stage.” Actor/director Jamie Horton will again return to read with GerRee Hinshaw and Randy Moore. Stories will include an excerpt from “Little Women,” “The Light, the Sword and the Nintendo DS” and more. Dec. 15 — The Nomad Playhouse, 1:30 p.m., 1410 Quince Ave., Boulder; Dec. 16 — The King Center, 1:30 p.m., 855 Lawrence Way, Auraria Campus. Tickets: $15-$28, 303-494-0523, storiesonstage.org. Lone Tree Arts Center The Doo Wop Project Christmas is scheduled at 7 p.m. on Dec. 2 at Lone Tree Arts Center, 10075 Commons St., Lone Tree, promising “doowopified” Christmas classics and other songs. Also: A Kantorei Christmas — a capella music at 7:30 p.m. on Dec. 14. Tickets: lonetreeartscenter.org. Castle Rock Band The Castle Rock Band will join with Faith Lutheran Church Choir for a free Christmas Concert at 2 p.m. on Dec. 9 at the church, 303 Northridge Road, Castle Rock. (Rehearsals for the 2019 season begin in late February/ early March. No auditions required. Members range from high school to seniors.) See castlerockband.org.
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18 Elbert County News
November 29, 2018N
Thousands of wreaths needed for veterans’ graves STAFF REPORT
For 26 years, wreaths have been placed on the graves of veterans buried in U.S. cemeteries. However, last year just one in five veterans’ graves in Colorado received wreaths, according to David Bolser, CEO of Senior Veterans Inc., a Colorado Springs-based charity leading the wreath campaign. More than 160,000 veterans are buried in Colorado’s cemeteries, and the mission of Senior Veterans Inc. “is to ensure that every veteran’s grave in a Colorado cemetery will receive a wreath this December,” Bolser said in a news release. Every $15 wreath that is placed on a veteran’s grave is donated, and the wreaths are handcrafted from Balsam fir and finished with a hand-tied
CLUBS FROM PAGE 14
VFW Post 4266: 7 p.m. the third Monday of every month at the Pinery Fire Station, Community Room Lower Level, 8170 N. Hillcrest Way, Parker. Serving veterans of foreign wars in Parker, Castle Pines and Castle Rock areas. Go to www.vfwpost4266. org. P.O. Box 4266, Parker, CO 80134. On Facebook at VFW Post 4266, Parker. Waste Not Wednesdays: 4:15 p.m. Wednesdays, at Simla Library. Kids craft and learn with repurposed stuff. Call 719-541-2573 or go to pplibraries.org. Widowed Men and Women of America, sponsors social events for members to make new friends and have fun with people who have shared life experiences. Members live in the Denver metro area and surrounding communities. Members are encouraged
red, velvet bow, the release said. The wreaths are shipped from Columbia Falls, Maine, by volunteer trucking companies, and volunteers place the wreaths on graves on Dec. 15, which is National Wreaths Across America Day, the release said. To donate a wreath, go to www.coloradohonor.com. All donations must be received no later than Monday, Dec. 3. The tradition of placing wreaths on veterans’ graves began when a small Maine wreathmaker found himself with a surplus of wreaths at the end of the holiday season. Rather than discarding the wreaths, arrangements were made to place them on gravestones in an older section of Arlington National Cemetery. Today, more than 1,400 cemeteries in all 50 states participate in National Wreaths Across America Day. to visit different links to find the best fit for their interests. Contact Dorothy at 303-7947547 or Les at 303-797-1209, or go to www. widowedamerica.org. What’s up Wednesdays: 4 p.m. Wednesdays at the Elbert Library; 3:30 p.m. Wednesdays at the Kiowa Library. Free STEAM activities for kids and parents. Call 303-648-3533 (Elbert) or 303-621-2111 (Kiowa) or go to pplibraries.org. Women’s Divorce Workshop: 8:30 a.m. to noon the fourth Saturday of each month at Southeast Christian Church, 9650 Jordan Road, Parker. Check in from 8-8:30 a.m. Register online at www.divorceworkshopdenver.com. Legal, financial and social issues of divorce. Volunteer presenters include an attorney, mediator, therapist and wealth manager. Discussion items include co-parenting, child support, family coping, tax consequences, property division, hostile spouses and more. Contact 303-210-2607 or info@divorceworkshopdenver.com.
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Elbert County News 19
November 29, 2018
SANTA
Mike Cawthra, 64, sits at a bench at Addenbrooke Park in Lakewood dressed as Santa after a Nov. 10 event at the local Goddard School. Cawthra said the best part about the job is all the joy and love your receive and give on a daily basis. NICK PUCKETT
FROM PAGE 16
Training is intense Susen Mesco has been training Santas for 37 years. She’s the president of American Events and Promotions in Denver and is de facto instructor for all things Santa. On the first day of class, Mesco hands her aspiring Santas a piece of paper and asks them to write down the top 15 speed-dial contacts on Santa’s phone. Most come up with the typical Mrs. Claus and maybe the head elf. The first lesson Mesco teaches them is to think outside the box. How about Santa’s dentist? Or the people working in the “distribution department”? It’s an exercise to get the men who look like Santa to start thinking like Santa. “Santa starts to see himself as this alter-ego that pulls him into a 3-D life,” Mesco said. “Pretending is exhausting. Being is not. You don’t put on your costume, you put on your outfit.” To Mesco, a Lafayette resident, details are vital. The authenticity of the Santa depiction is what can leave a child with a lasting memory. And Mesco leaves no stone unturned. She teaches courses in sign language and child development psychology. Santas go to the toy store to learn about the hottest toys available. Santas learn how to speak differently to a 3-year-old than to a 5-year-old, how to interact with autistic children and how to answer the impossible questions like “Santa, are you real?” “Virtually nothing blindsides them
because they’ve learned to think like Santa,” Mesco said. “It is the highlight of the child year, spending time with this magical creature. It should matter to you as much as it matters to the child.” With a great beard . . . Mike Cawthra’s favorite color is blue. It’s the color he wears most often in the spring and summer, and it’s the color of his 2009 Ford Mustang with the license plate that reads SLEIGH2. Cawthra, of Lakewood, graduated from Mesco’s Santa school in 2008. A retired elementary school teacher of 31 years, Cawthra’s Santa is one that loves to tell stories. Expressing the personality of the men performing as Santa can make a child’s experience special, Mesco said. Of course, Cawthra’s beard is real. His makeup has touches of glitter in it.
Even his fake eyelashes are white. It’s a detail Mesco proudly claims as part of her “spare-no-detail” mentality. Cawthra is Santa during the Christmas season. The rest of the 10 months, he’s just Mike — Mike who wears blue and drives a blue Mustang and happens to have a long white beard and white hair. “God gave me white hair and I use my powers for good,” Cawthra said. “It’s incredibly rewarding, but it’s not who I am 365 days a year. It’s fun, but it’s not all of life.” Though he’s not “Santa” all year, Cawthra still bears the responsibility of being Santa to any child who asks. That’s why he always carries with him special-made coins that say “Santa caught me being good” to reinforce his character, even if he’s wearing blue instead of red. “Every once in a while, in the sum-
mer, when somebody says something to ‘Santa,’ you’ve got to be able to come up with an answer,” Cawthra said. “If you do something rude or crude, people will say ‘That’s not very Santa-like.’ ” Retaining the Santa character is often more work than the performance itself. Santas have to stay in shape, lest their legs become too weak for children to sit on (in one recent 2 1/2hour photo session, Cawthra saw 150 children) or Santa catches the flu from a child (Mesco said most Santas go through five pairs of gloves a day). There’s the Society of Santas and the International Brotherhood of Real-Bearded Santas — social Santa meet-up groups for Santas to trade notes and join in fellowship. Some men choose to be Santa all the time. One man, Cawthra recalled, changed his legal name to Santa Claus. Once the Christmas season is over, Santa Mike will go back to Mike Cawthra. Some Santas, like Austin, will work well until New Year’s for the Russian Orthodox Christmas — which requires a completely different look. For most it will spell the end of another year of photo shoots, performances and readings of “The Night Before Christmas.” “Dec. 25, it’s a little bit of a letdown, because you’ve been going and going, and you’ve been getting all of this positive energy, and then it’s over,” Cawthra said. “I’m back to being just me. It takes a little while to readjust. It’s very rewarding, and the reward isn’t all money, either. It’s all of the emotions you get from people — and the smiles.”
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Marijuana Code, C.R.S. §12-43.4-101,et seq., recognize that local governments may regulate the personal use of marijuana to serve the purpose and intent of the constitutional and statutory provisions regarding such use; and
20 Elbert County News
WHEREAS, no person is allowed to possess, cultivate, grow, use or distribute marijuana in any manner or for any purpose other than that allowed by the Colorado Constitution and Colorado State Statutes, and local laws and regulations; and
WHEREAS, pursuant to the provisions of this Ordinance, 11-14 and 13-01, this Ordinance shall repeal in their entirety and replace Ordinances 11-14 and 13-01. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF ELBERT COUNTY, COLORADO, as follows:
3.9 "Medical marijuana center" means an entity licensed by a state agency to sell marijuana and marijuana products pursuant to section 14 of this article and the Colorado Medical Marijuana Code. 3.10 "Retail marijuana store" means an entity licensed to purchase marijuana from marijuana cultivation facilities and marijuana and marijuana products from marijuana product manufacturing facilities and to sell marijuana and marijuana products to consumers. 3.11 “Cultivation” means the planting, growing and/or harvesting of marijuana, including but not limited to hydroponic cultivation and cloning. 3.12 “Enclosed Space “means a permanent or semi-permanent area, surrounded on all sides, including the roof. The temporary opening of windows or doors does not convert the area into an unenclosed space. 3.13 “Immature Plant “means a nonflowering marijuana plant that is no taller than eight (8) inches and no wider than eight (8) inches produced from a cutting, clipping, or seedling and that is in a growing container that is no larger than two (2) inches wide and two (2) inches tall that is sealed on the sides and bottom. 3.14 “Multi-family Dwelling” means a duplex, triplex, fourplex units, apartments, attached condominium units and attached residential developments. 3.15 “Parcel or Property” means a plot or parcel of land typically considered a unit for the purpose of development and conveyed lawfully be deed to one (1) or more owners. 3.16 “Patient” means a person who possesses a valid and current Colorado registry identification card for medical marijuana. 3.17 “Primary Caregiver” under the Colorado Constitution, Article XVIII, Section 14(1)(f) means a natural person, other than the patient and the patient's physician, who is eighteen (18) years of age or older and has significant responsibility for managing the well-being of a patient who has a debilitating medical condition. 3.18 “Primary Residence” means the place where a person or family member, by custom and practice makes his or her principal domicile and address, and to which the person or family member intends to return following any temporary absence, such as but not limited to a vacation. Residence is evidenced by actual daily physical presence, use and occupancy of the primary residence and the use of the residential address for domestic purposes, such as, but not limited to, slumber, preparation of and eating of meals, regular mail delivery, vehicle and voter registration, and credit and water and utility billing. A person or family member shall have only one primary residence. A primary residence includes both single and multi-family residences. 3.19 “Residential Marijuana Cultivation” means the use of a residential property, on which a person resides as their primary residence and engages in the cultivation and growing of medical and/or personal use marijuana for that person's personal use only. All residential marijuana cultivation shall comply with all provisions of this Ordinance. 3.20 “Residential Property” means a single unit or structure providing complete independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking, and sanitation. It also includes the real property surrounding a structure owned in common with the structure and may include one or more single units providing complete independent facilities. 3.21 “Residential Structure” means a detached, one-family residence; attached accessory structure to a detached, one-family residence; or a detached accessory structure. 3.22 “Secure Area” means an area within a residential structure accessible only to the person possessing, cultivating or processing marijuana for personal or medical use.
of marijuana plants must be in full compliance with all applicable constitutional, statutory, and regulatory requirements of the State of Colorado and ordinances and regulations of Elbert County. 5.2 Any space used for growing marijuana must not be accessible to the public or any person under the age of twenty-one (21) years unless such person possesses a medical marijuana registration card, or is a registered (with the State of Colorado) caregiver eighteen (18) years of age or older. 5.3 Cultivation of marijuana is only permitted by adults over twenty-one (21) years of age, unless the individual possesses a valid medical marijuana registration card. 5.4 Cultivation of medical marijuana on residential property by a person under twenty-one (21) years of age is allowed if such person possesses a valid medical marijuana registration card, resides at, and uses the property as their primary residence. 5.5 Medical marijuana caregivers may cultivate on residential property for up to five (5) persons who do not reside at the property, if the property is the caregiver's primary residence and the caregiver has been designated as caregiver by the medical marijuana patient, and all state rules and regulations regarding caregiver designation and caregiver status have been complied with. In no event, shall a caregiver be allowed to cultivate for more than five (5) patients, all five (5) of whom must possess a valid medical marijuana card from the state of Colorado. 5.6 The cultivation of medical or personal use marijuana plants shall not be perceptible from the exterior of the structure or property on which any such activities occur, by any of the following means, or as a result of any of the following impacts or effects:
November 29, 2018N
www.ColoradoCommunityMedia.com/Notices
PUBLIC NOTICES WHEREAS, the Board of County Commissioners of Elbert County have determined that the adoption of regulations governing the residential cultivation of medical and personal-use marijuana is necessary and desirable for the health, safety and welfare of the citizens of Elbert County; and WHEREAS, Amendment 64 defines “Locality” in part in section 2(e) of Section 16 to include a county; and
Section 1. Purpose. 1.1 The purpose of this Ordinance is to protect and promote the public health, safety and general welfare of the citizens and residents of Elbert County, Colorado, by prohibiting the operation of marijuana cultivation facilities, prohibit marijuana product manufacturing facilities, marijuana testing facilities, retail marijuana stores, cultivation of marijuana on residential properties, prohibit cultivation of marijuana in residential structures, in accessory structures, on residential property or non-residential properties either occupied or on vacant or unoccupied land; and requiring registration of caregivers within Elbert County.
2.1 No person, business, activity or use legals@coloradocommunitymedia.com inPublic Notices calllowing: Sheree 303.566.4088 volving the cultivation of marijuana in the unin-
City and County Public Notice:
A public hearing for the County of Elbert for contemplated approval upon first or second reading, the following regulatory ordinance(s). The public hearing will be held before the Board of County Commissioners of Elbert County, Colorado, on December 19, 2018 at 9 a.m. in the Board Meeting Room located at 215 Comanche Street, Kiowa, CO 80117 to consider the following proposed ordinance(s). WHEREAS, the Board of County Commissioners, Elbert County, Colorado, has prepared or caused to be prepared an ordinance regulating the following:
ORDINANCE NO. 18-2 AN ELBERT COUNTY ORDINANCE TO REGULATE THE CULTIVATION OF MARIJUANA ON RESIDENTIAL PROPERTIES, IN RESIDENTIAL STRUCTURES, IN ACCESSORY STRUCTURES, ON RESIDENTIAL PROPERTY ON VACANT OR UNOCCUPIED LAND; AND ON NON-RESIDENTIAL, PROHIBITING THE OPERATION OF MARIJUANA CULTIVATION FACILITIES, MARIJUANA PRODUCT MANUFACTURING FACILITIES, MARIJUANA TESTING FACILITIES, OR RETAIL MARIJUANA STORES OR BUSINESSES, AND PROPERTYAND REQUIRING REGISTRATION OF CAREGIVERS WITHIN UNINCORPORATED ELBERT COUNTY, STATE OF COLORADO REPEALING AND REPLACING ORDINANCE NUMBER(S) 13-01 and 11-14. Copies of the proposed ordinance(s) are available for inspection at the County Administration Building upon request at 215 Comanche Street, Kiowa, CO 80117 during normal business hours. The full text of the ordinance follows:
WHEREAS, pursuant to C.R.S. § 30-11-103, the Board of County Commissioners of Elbert County, Colorado (hereinafter the “Board”), has the authority to exercise all County powers for the Unincorporated Areas of Elbert County; and
WHEREAS, on November 6, 2012, the voters of Colorado approved the adoption of Amendment 64, Personal Use and Regulation of Marijuana; and
WHEREAS, on September 11, 2013, Elbert County Board of County Commissioners adopted an Ordinance Prohibiting the Operation of Marijuana Cultivation Facilities, Marijuana Product Manufacturing Facilities, Marijuana Testing Facilities OR Retail Marijuana Stores Within Unincorporated Elbert County; and WHEREAS, Elbert County, Colorado has the authority pursuant to C.R.S. §30-11-101(2), to adopt and enforce ordinances and resolutions regarding health, safety and welfare issues; and
WHEREAS, the Colorado Constitution Article XVIII, Section 14 and the Colorado Medical Marijuana Code, C.R.S. §12-43.3-101, et seq., recognize that local governments retain authority to regulate the cultivation of medical marijuana; and
WHEREAS, the Colorado Constitution, Article XVIII, Section 16 and the Colorado Retail Marijuana Code, C.R.S. §12-43.4-101,et seq., recognize that local governments may regulate the personal use of marijuana to serve the purpose and intent of the constitutional and statutory provisions regarding such use; and
WHEREAS, no person is allowed to possess, cultivate, grow, use or distribute marijuana in any manner or for any purpose other than that allowed by the Colorado Constitution and Colorado State Statutes, and local laws and regulations; and WHEREAS, the Board of County Commissioners of Elbert County have determined that the adoption of regulations governing the residential cultivation of medical and personal-use marijuana is necessary and desirable for the health, safety and welfare of the citizens of Elbert County; and WHEREAS, Amendment 64 defines “Locality” in part in section 2(e) of Section 16 to include a county; and WHEREAS, part 5(f) of Section 16 states the following:
(f) A LOCALITY MAY ENACT ORDINANCES OR REGULATIONS, NOT IN CONFLICT WITH THIS SECTION OR WITH REGULATIONS OR LEGISLATION ENACTED PURSUANT TO THIS SECTION, GOVERNING THE TIME, PLACE, MANNER AND NUMBER OF MARIJUANA ESTABLISHMENT OPERATIONS; ESTABLISHING PROCEDURES FOR THE ISSUANCE, SUSPENSION, AND REVOCATION OF A LICENSE ISSUED BY THE LOCALITY IN ACCORDANCE WITH PARAGRAPH (h) OR (i),
WHEREAS, part 5(f) of Section 16 states the fol-
Section 2. No Non-conforming Use Status.
(f) A LOCALITY MAY ENACT ORDINANCES OR REGULATIONS, NOT IN CONFLICT WITH THIS SECTION OR WITH REGULATIONS OR LEGISLATION ENACTED PURSUANT TO THIS SECTION, GOVERNING THE TIME, PLACE, MANNER AND NUMBER OF MARIJUANA ESTABLISHMENT OPERATIONS; ESTABLISHING PROCEDURES FOR THE ISSUANCE, SUSPENSION, AND REVOCATION OF A LICENSE ISSUED BY THE LOCALITY IN ACCORDANCE WITH PARAGRAPH (h) OR (i), SUCH PROCEDURES TO BE SUBJECT TO ALL REQUIREMENTS OF ARTICLE 4 OF TITLE 24 OF THE COLORADO ADMINISTRATIVE PROCEDURE ACT OR ANY SUCCESSOR PROVISION; ESTABLISHING A SCHEDULE OF ANNUAL OPERATING, LICENSING, AND APPLICATION FEES FOR MARIJUANA ESTABLISHMENTS, PROVIDED, THE APPLICATION FEE SHALL ONLY BE DUE IF AN APPLICATION IS SUBMITTED TO A LOCALITY IN ACCORDANCE WITH PARAGRAPH (i) AND A LICENSING FEE SHALL ONLY BE DUE IF A LICENSE IS ISSUED BY A LOCALITY IN ACCORDANCE WITH PARAGRAPH (h) OR (i); AND ESTABLISHING CIVIL PENALTIES FOR VIOLATION OF AN ORDINANCE OR REGULATION GOVERNING THE TIME, PLACE, AND MANNER OF A MARIJUANA ESTABLISHMENT THAT MAY OPERATE IN SUCH LOCALITY. A LOCALITY MAY PROHIBIT THE OPERATION OF MARIJUANA CULTIVATION FACILITIES, MARIJUANA PRODUCT MANUFACTURING FACILITIES, MARIJUANA TESTING FACILITIES, OR RETAIL MARIJUANA STORES THROUGH THE ENACTMENT OF AN ORDINANCE OR THROUGH AN INITIATED OR REFERRED MEASURE; PROVIDED, ANY INITIATED OR REFERRED MEASURE TO PROHIBIT THE OPERATION OF MARIJUANA CULTIVATION FACILITIES, MARIJUANA PRODUCT MANUFACTURING FACILITIES, MARIJUANA TESTING FACILITIES, OR RETAIL MARIJUANA STORES MUST APPEAR ON A GENERAL ELECTION BALLOT DURING AN EVEN NUMBERED YEAR.
corporated areas of the County prior to the enactment of this Chapter shall be deemed to have been legally established under this Ordinance, and no such person, business, activity or use shall be entitled to claim legal nonconforming status under any provision of this Ordinance or applicable law.
City and County
WHEREAS, at the November 6, 2012 election approximately fifty four percent (54%) of Elbert County voters rejected the proposed adoption of Amendment 64; and WHEREAS, consistent with the authority granted to the Board in Amendment 64 and the will of the Elbert County voters, the Board desires to adopt this Ordinance prohibiting the operation of marijuana cultivation facilities, marijuana product manufacturing facilities, marijuana testing facilities or retail marijuana stores within the unincorporated areas of Elbert County, Colorado. WHEREAS, Elbert County currently has in effect Ordinance 11-14 and 13-01 to govern and regulate residential cultivation of medical and personal use marijuana in the unincorporated areas of Elbert County; and WHEREAS, Colorado House Bill 17-1220, effective January 1, 2018, necessitates the amendment of Elbert County Ordinances 11-14 and 13-01; and WHEREAS, the Board of County Commissioners has determined that a single ordinance regulating the residential cultivation of marijuana, whether for medical or personal use, is necessary to avoid confusion in the interpretation of three separate ordinances; and WHEREAS, pursuant to the provisions of this Ordinance, 11-14 and 13-01, this Ordinance shall repeal in their entirety and replace Ordinances 11-14 and 13-01. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF ELBERT COUNTY, COLORADO, as follows: Section 1. Purpose. 1.1 The purpose of this Ordinance is to protect and promote the public health, safety and general welfare of the citizens and residents of Elbert County, Colorado, by prohibiting the operation of marijuana cultivation facilities, prohibit marijuana product manufacturing facilities, marijuana testing facilities, retail marijuana stores, cultivation of marijuana on residential properties, prohibit cultivation of marijuana in residential structures, in accessory structures, on residential property or non-residential properties either occupied or on vacant or unoccupied land; and requiring registration of caregivers within Elbert County. Section 2. No Non-conforming Use Status. 2.1 No person, business, activity or use involving the cultivation of marijuana in the unincorporated areas of the County prior to the enactment of this Chapter shall be deemed to have been legally established under this Ordinance, and no such person, business, activity or use shall be entitled to claim legal nonconforming status under any provision of this Ordinance or applicable law. Section 3. Definitions. Unless otherwise specified or the context otherwise requires, any terms used herein shall have the same mean-
City and County
Section 3. Definitions. Unless otherwise specified or the context otherwise requires, any terms used herein shall have the same meanings as provided in Article XVIII, Section 16 and Article XVIII, Section 14 of the Colorado Constitution, and the Colorado Medical Marijuana Code or article 43.3 or 43.4 of title 12 of Colorado Revised Statutes. These definitions include, but are not limited to the following: 3.1 "Marijuana" or "marihuana" means all parts of the plant of the genus cannabis (with a Tetrahydrocannabinol (THC) content 0.3% or higher) whether growing or not, the seeds thereof, the resin extracted from any part of the plant, and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or its resin, including marihuana concentrate. 3.2 "Marijuana" or "marihuana" does not include industrial hemp, nor does it include fiber produced from the stalks, oil, or cake made from the seeds of the plant, sterilized seed of the plant which is incapable of germination, or the weight of any other ingredient combined with marijuana to prepare topical or oral administrations, food, drink, or other product. Marijuana includes both Medical Marijuana and Personal Use Marijuana. Marijuana does not include “immature plant” as defined herein; industrial hemp; fiber produced from the stalks, oil, or cake made from the seeds of the plant; sterilized seed of the plant incapable of germination; or any other ingredient combined with marijuana to prepare topical or oral administrations, food, drink, or other product. 3.3 "Marijuana accessories" means any equipment, products, or materials of any kind which are used, intended for use, or designed for use in planting, propagating, cultivating, growing, harvesting, composting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, vaporizing, or containing marijuana, or for ingesting, inhaling, or otherwise introducing marijuana into the human body. 3.4 "Marijuana cultivation facility" means an entity licensed to cultivate, prepare, and package marijuana and sell marijuana to retail marijuana stores, to marijuana product manufacturing facilities, and to other marijuana cultivation facilities, but not to consumers. 3.5 "Marijuana establishment" means a marijuana cultivation facility, a marijuana testing facility, a marijuana product manufacturing facility, or a retail marijuana store whether for medical or recreational use. 3.6 "Marijuana product manufacturing facility" means an entity licensed to purchase marijuana; manufacture, prepare, and package marijuana products; and sell marijuana and marijuana products to other marijuana product manufacturing facilities and to retail marijuana stores, but not to consumers. 3.7 "Marijuana products" means concentrated marijuana products and marijuana products that are comprised of marijuana and other ingredients and are intended for use or consumption, such as, but not limited to, edible products, ointments, and tinctures. 3.8 "Marijuana testing facility" means an entity licensed to analyze and certify the safety and potency of marijuana. 3.9 "Medical marijuana center" means an entity licensed by a state agency to sell marijuana and marijuana products pursuant to section 14 of this article and the Colorado Medical Marijuana Code. 3.10 "Retail marijuana store" means an entity licensed to purchase marijuana from marijuana cultivation facilities and marijuana and marijuana products from marijuana product manufacturing facilities and to sell marijuana and marijuana products to consumers. 3.11 “Cultivation” means the planting, growing and/or harvesting of marijuana, including but not limited to hydroponic cultivation and cloning. 3.12 “Enclosed Space “means a permanent or semi-permanent area, surrounded on all sides, including the roof. The temporary opening of windows or doors does not convert the area into an unenclosed space. 3.13 “Immature Plant “means a nonflowering marijuana plant that is no taller than eight (8) inches and no wider than eight (8) inches produced from a cutting, clipping, or seedling and that is in a growing container that is no larger than two (2) inches wide and two (2) inches tall that is sealed on the sides and bottom. 3.14 “Multi-family Dwelling” means a duplex, triplex, fourplex units, apartments, attached condominium units and attached residential developments. 3.15 “Parcel or Property” means a plot or parcel of land typically considered a unit for the purpose of development and conveyed lawfully be deed to one (1) or more owners. 3.16 “Patient” means a person who possesses a valid and current Colorado registry identification card for medical marijuana. 3.17 “Primary Caregiver” under the Colorado Constitution, Article XVIII, Section 14(1)(f)
City and County
Section 4. Caregiver Cultivation Registration 4.1 In accordance with C.R.S.§ 25-1.5-106, a primary caregiver who cultivates medical marijuana for one (1) or more patients is required to register the location of his or her cultivation operation with the State Medical Marijuana Licensing Authority. Proof of registration is required to be present and presented to county code enforcement or law enforcement personnel upon request. A cultivating or transporting primary caregiver may serve no more than five (5) patients at any given time, unless the state health agency allows a primary caregiver to serve more than five (5) patients due to exceptional circumstances. Section 5. Provisions for Indoor or Outdoor Cultivation of Medical, Recreational, or Personal Use Marijuana, and Extraction of such in Unincorporated Elbert County 5.1 Such cultivation, production, or possession of marijuana plants must be in full compliance with all applicable constitutional, statutory, and regulatory requirements of the State of Colorado and ordinances and regulations of Elbert County. 5.2 Any space used for growing marijuana must not be accessible to the public or any person under the age of twenty-one (21) years unless such person possesses a medical marijuana registration card, or is a registered (with the State of Colorado) caregiver eighteen (18) years of age or older. 5.3 Cultivation of marijuana is only permitted by adults over twenty-one (21) years of age, unless the individual possesses a valid medical marijuana registration card. 5.4 Cultivation of medical marijuana on residential property by a person under twenty-one (21) years of age is allowed if such person possesses a valid medical marijuana registration card, resides at, and uses the property as their primary residence. 5.5 Medical marijuana caregivers may cultivate on residential property for up to five (5) persons who do not reside at the property, if the property is the caregiver's primary residence and the caregiver has been designated as caregiver by the medical marijuana patient, and all state rules and regulations regarding caregiver designation and caregiver status have been complied with. In no event, shall a caregiver be allowed to cultivate for more than five (5) patients, all five (5) of whom must possess a valid medical marijuana card from the state of Colorado. 5.6 The cultivation of medical or personal use marijuana plants shall not be perceptible from the exterior of the structure or property on which any such activities occur, by any of the following means, or as a result of any of the following
City and County
(1) Common visual observation or plain view (e.g. through a window) by a person of normal vision without visual enhancements (e.g. binoculars); (2) Light pollution, glare, or brightness that reasonably could be expected to unreasonably disturb the repose of another person of normal vi sual abilities or sensitivities; (3) Smell or odor of marijuana, or unusual smells or odors generated by or in connection with such growing or processing and not generally found in the surrounding area or environment, as detectable by a person with a normal sense of smell; (4) Undue or unusually high volumes of vehicular or pedestrian traffic, including unusually heavy or frequent parking in front of or in the immediate vicinity of the property; or (5) Noise from exhaust fans, other equipment, or other sources associated with or connected to such cultivation or processing that can be heard on surrounding properties on a steady, continuous basis lasting longer than two hours in a 24hour period, or occurring for any length of time between the hours of 9:00 p.m. and 6:00 a.m. 5.7 Medical or personal use marijuana cultivation is prohibited within a travel trailer park, campground, hotel or motel, or on any property allowing or containing temporary residential uses by non-owners. 5.8 Plant Count Limit: (1) No more than twelve (12) marijuana plants may be grown on any single-family dwelling residential property at any given time. (2) No more than six (6) marijuana plants may be grown on the property of any unit of a multifamily dwelling, including the unit itself and any accessory building, at any given time. (3) No more than twenty-four (24) medical marijuana plants may be grown by a patient, primary caregiver, or combination of patients and/or caregivers at/on any single-family dwelling residential property at any given time, except under the authority of a valid Extended Plant Count Permit. (4) No more than twenty-four (24) medical marijuana plants may be grown by a patient, primary caregiver, or combination of patients and/or caregivers on any vacant, unoccupied, or non-residential property at any given time, except under the authority of a valid, Extended Plant Count Permit. 5.9 Residential cultivation of marijuana conducted by a non-owner of a residential property such as a tenant, lessee, guest, or other similar occupancies, shall be prohibited unless such non-owner has notarized, written permission from the owner of the residential property specifically allowing cultivation of marijuana on the property. 5.10 Waste product from the marijuana cultivation shall be disposed of properly so as not to be at risk for consumption by others and so as not to attract rodents, pests, or public curiosity. 5.11 Marijuana cultivation under this Ordinance shall not be for the use of any licensed Marijuana Establishment, as that term is defined in the Colorado Medical and Retail Marijuana Codes. 5.12 It shall be unlawful for any person who is not licensed under Article 43.3 or Article 43.4 of Title 12, C.R.S. to sell marijuana. A caregiver may be reimbursed for the costs involved in marijuana production pursuant to C.R.S. 25105-106, and only up to the production limits produced pursuant to this ordinance. 5.13 Regardless of methods that may be authorized under C.R.S. 18-18-406.6, and regulations regarding marijuana or THC extraction within article 43.3 and 43.4 of Title 12, C.R.S., Marijuana Extraction or the extraction of THC from any part of the marijuana plant shall not be permitted in unincorporated Elbert County. Extraction, or production of marijuana concentrate or THC from any part or derivative of a marijuana plant shall not be permitted. This includes a prohibition on extraction through any methods, to include:
(1) Extraction using alcohol, ethanol, or any solvent. (2) The production of marijuana concentrate utilizing any source of heat from a fuel fired or electrified source. (3) Utilization of any process using hazardous chemicals, gases, explosives, butane, or other flammable materials. (4) Extraction using carbon dioxide, or water, as part of the process.
5.14 No property may be used for cultivation of marijuana plants unless the parcel is created in accordance with county subdivision, and other regulations and legal requirements, including being in full compliance with the Elbert County Zoning rules and regulations.
Elbert County 11.29.18 * 1
trified source. (3) Utilization of any process using hazardous chemicals, gases, explosives, butane, or other flammable materials. (4) Extraction using carbon dioxide, or water, as part of the process.
November 29, 2018
City and County
5.14 No property may be used for cultivation of marijuana plants unless the parcel is created in accordance with county subdivision, and other regulations and legal requirements, including being in full compliance with the Elbert County Zoning rules and regulations. 5.15 Documentation verifying plant counts, patient information, and caregiver registration for each cultivation operation shall be readily available on site and provided to code enforcement and law enforcement officials upon request. 5.16 Cultivation of personal use or recreational marijuana on non-residential, unoccupied or vacant property is specifically prohibited. Section 6. Provisions for Indoor Cultivation of Medical and Personal Use Marijuana on Residential Property. 6.1 Cultivation of marijuana, whether medical or personal use, by a person in any residential structure or in a detached residential accessory structure shall be permitted, subject to the following restrictions: (1) Any structure used for cultivation shall comply with all applicable building and zoning codes, including but not limited to the health, building, electrical, plumbing, mechanical, sign, fire, and other codes, statutes, and ordinances. (2) Cultivation of marijuana in a multi-family dwelling must comply with all provisions of this Ordinance and shall not be perceptible from any other unit or dwelling in the multi-family structure, development or complex. Marijuana plants shall not be grown or processed in the common areas of the multi-family or attached residential development. (3) The person(s) cultivating marijuana must reside in the same dwelling or dwelling unit where the cultivation occurs. For cultivation of marijuana in a greenhouse and/or accessory building, a single-family dwelling or unit of a multi-family dwelling shall be on the same property as the greenhouse and/or accessory building and such dwelling shall be occupied by the person(s) cultivating marijuana. (4) Any residential property or structure, or portion thereof, used for cultivation, processing, or possession shall be a secure area, inaccessible and not visible to persons under the age of twenty-one (21), visitors, casual passers-by, vandals, or anyone not authorized to possess or access medical or personal use marijuana. Secure areas shall be portioned space-constructed and locked. Section 7. Provisions for Outdoor Cultivation of Medical and Personal Use Marijuana on Residential Property. 7.1 Outdoor Home or Residential Cultivation may occur on residential properties subject to the following restrictions: (1) Outdoor marijuana shall be contained entirely in an area that is completely fenced and screened with a locked gate and not perceptible from any right-of-way, any other residence, or other public area. (2) The person(s) cultivating marijuana must reside in the single-family dwelling or the unit of a multi-family dwelling located on the parcel. (3) The use of temporary dwelling accommodations, including travel trailers, recreational vehicles, tents and similar accommodations, shall strictly comply with zoning, health, sanitation, and other regulatory requirements for such use. (4) Cooperative, joint, collective, or other combined grows on a single parcel by more than one primary caregiver or patient are allowed, subject to the plant count restrictions in this Ordinance, and provided at least one (1) of the caregivers and/or patients engaged in the cultivation operation has a 50% or more fee-simple ownership interest in and resides on the parcel used for cultivation. Section 8. Cultivation of Medical Marijuana on Vacant, Unoccupied Property or Non-Residential Property. 8.1 Cultivation of medical marijuana by one (1) or more primary caregivers or patients on vacant, unoccupied, or non-residential property is allowed, subject to the provisions of this Ordinance and the following requirements and restrictions: (1) Outdoor marijuana shall be contained entirely in an area that is completely fenced and screened with a locked gate and not perceptible from any right-of-way, any other residence, occupied structure, or other public area. (2) Any structure used for cultivation shall comply with all applicable laws, regulations, and codes, including but not limited to health, building, electrical, plumbing, mechanical, sign, fire, and other codes, statutes, and ordinances. (3) Any property or structure, or portion thereof, used for cultivation, processing, or possession shall be a secure area, inaccessible and not visible to persons under the age of twenty-one (21), visitors, casual passers-by, vandals, or anyone not authorized to possess or access medical marijuana. (4) Indoor cultivation areas shall be secure and locked. (5) A patient may not exceed the plant count and cultivate the number of plants authorized by the patient’s Medical Marijuana Card, and/or current, valid, written authorization from the patient’s licensed Colorado physician. (6) Cooperative, joint, collective, or other combined grows, on a single parcel by more than one (1) primary caregiver or patient are allowed if at least one (1) of the caregivers and/or patients engaged in the cultivation operation has a fifty percent (50%) or more fee-simple ownership interest in the parcel used for cultivation.
Section 9. Enforcement. 9.1 This Ordinance shall be enforced by the Elbert County Sheriff and county code enforcement personnel. 9.2 Violation: It shall be unlawful for any person to violate any provision of this Ordinance. 9.2.1 Any person who violates this Ordinance commits a class 2 petty offense. 9.2.2 The fine for a first offense and for any subsequent offense shall be no less than two-hundred fifty dollars ($250) and not more than one
ship interest in the parcel used for cultivation. Section 9. Enforcement. 9.1 This Ordinance shall be enforced by the Elbert County Sheriff and county code enforcement personnel. 9.2 Violation: It shall be unlawful for any person to violate any provision of this Ordinance. 9.2.1 Any person who violates this Ordinance commits a class 2 petty offense. 9.2.2 The fine for a first offense and for any subsequent offense shall be no less than two-hundred fifty dollars ($250) and not more than one thousand dollars ($1,000.00) per violation and each day shall be deemed a separate violation. 9.2.3 In addition to the fines and penalties prescribed in this Ordinance, any person convicted of a violation of this Ordinance shall be subject to the current statutory surcharges. Presently, on the date this Ordinance was enacted, the fines include: ten dollars ($10.00) for the Victims and Witnesses Assistance and Law Enforcement Fund, and fifteen dollars ($15.00) for the Colorado Traumatic Brain Injury Trust Fund, or such amount as such fees have been adjusted to at the time of enforcement. These surcharges shall be paid to the Elbert County Clerk of the Court by each person convicted of violating this Ordinance. The clerk shall transmit the moneys to the respective funds in accordance with C.R.S. § 30-15-402(2). 9.2.4 The remedies provided in this Ordinance shall be cumulative and in addition to any other federal, state or local remedy, criminal or civil, which may be available. Nothing contained herein shall be construed to preclude prosecution under any other applicable statute, ordinance, rule, order or regulation. 9.3 Penalty Assessment: In accordance with C.R.S. §30-15-402, and §16-2-201, a penalty assessment procedure is hereby authorized for use by any law or code enforcement officer who is vested with authority to issue a Summons and Complaint for violations of this Ordinance. 9.3.1 The penalty assessment notice (citation) shall be a Summons and Complaint containing identification of the alleged offender, specification of the offense and applicable fine, a requirement that the alleged offender pay the fine or appear to answer the charge at a specified time and place, and any other matter reasonably adapted to effectuating the purposes of this section. 9.3.2 A duplicate copy shall be sent to the Elbert County Clerk of the Court or otherwise in the county in which the alleged offense occurred. 9.3.3 The provisions herein shall not apply to penalties assessed pursuant to authority of law outside this Ordinance unless this Ordinance is specifically referred to in such other law. 9.3.4 If the person given a penalty assessment notice (citation) chooses to acknowledge their guilt, he or she may pay the specified fine in person or by mail at the place and within the time specified in the notice. If the individual chooses not to acknowledge their guilt, he or she shall appear as required in the notice. Upon trial, if the alleged offender is found guilty, the fine imposed shall be that specified in the notice for the offense of which the individual was found guilty, but customary court costs and surcharges shall be assessed against the individual in addition to the fine. 9.4 Graduated Fine Schedule and Procedure for Payment: Any person who violates any part of Section 4, Section 5, Section 6, or Section 7 of this Ordinance, shall be punished, upon conviction, in accordance with the following schedule:
City and County
(1) For the first offense, the sum of five-hundred dollars; (2) For the second or subsequent offense, the sum of one thousand dollars. 9.4.1 Whenever a penalty assessment notice (citation) is issued pursuant to this Ordinance, the penalty assessment notice (citation) which shall be served upon the defendant by a code or law enforcement officer, and shall contain the name and address of the defendant; a citation of the Ordinance section alleged to have been violated; a brief description of the offense; the date and approximate location of the commission of the offense; the amount of the penalty prescribed for such offense, including any surcharge and collection costs; and the date the penalty assessment notice (citation) is served on the defendant. 9.4.2 The penalty assessment shall inform the defendant of the opportunity to pay the fine and a five dollar ($5.00) collection fee, within twenty (20) days unless otherwise provided by law, all fines paid for the violation of this ordinance shall be made payable to Elbert County and submitted to the Elbert County Treasurer’s Office and deposited into the general fund of Elbert County, thereby avoiding imposition of court costs and surcharges at a later date. 9.4.3 The penalty assessment notice (citation) shall direct the defendant to appear in a specified county court at a specified time and place in the event such penalty is not paid; shall be signed by the code or law enforcement officer; and shall contain a place for the party issued a Penalty Assessment Notice (citation) to elect to execute a signed acknowledgment of guilt and an agreement to pay the penalty prescribed within twenty days (20), as well as such other information as may be required by law, to enable such Penalty Assessment Notice to become a Summons and Complaint, should the prescribed penalty not be paid within the time allowed in this Ordinance. 9.4.4 One (1) copy of said Penalty Assessment Notice shall be served upon the defendant by the code or law enforcement officer and one (1) copy sent to the Elbert County Treasurer. In the event the penalty assessment is not paid to the Elbert County Treasurer within the required twenty (20) day period, the Elbert County Treasurer shall forward all unpaid penalty assessments to the Elbert County Court for docketing on the date of first appearance indicated on the Summons and complaint/Penalty Assessment Notice. 9.4.5 The time specified in the summons portion of said Summons and Complaint must be at least twenty days (20) after the date such Summons and Complaint is served, unless the defendant shall demand an earlier court appearance date. 9.4.6 The time specified in the summons portion of said Penalty Assessment Notice shall be at least thirty days (30) but not more than ninety days (90) after the date such Penalty Assessment Notice is served, unless the defendant
Summons and complaint/Penalty Assessment Notice. 9.4.5 The time specified in the summons portion of said Summons and Complaint must be at least twenty days (20) after the date such Summons and Complaint is served, unless the defendant shall demand an earlier court appearance date. 9.4.6 The time specified in the summons portion of said Penalty Assessment Notice shall be at least thirty days (30) but not more than ninety days (90) after the date such Penalty Assessment Notice is served, unless the defendant shall demand an earlier court appearance date. 9.4.7 The place specified in the summons portion of said Summons and Complaint or of the Penalty Assessment Notice must be a county court within the county in which the offense is alleged to have been committed. 9.4.8 If the defendant is otherwise eligible to be issued a Summons and Complaint or a Penalty Assessment Notice for a violation of this Ordinance and if the defendant is not a resident of Elbert County, in order to secure release, must execute a promise to appear in court on the Penalty Assessment Notice or on the Summons and Complaint. 9.4.9 Unless a person who has been cited for an Ordinance violation pays in a timely manner with adequate and sufficient funds, the penalty assessment as provided in this Ordinance, the person shall appear at a hearing on the date and time specified in the summons portion of the Penalty Assessment Notice and answer the complaint against him or her. 9.4.10 If judgment is entered against a violator, he or she shall be assessed an appropriate penalty, a surcharge, a docket fee, and other applicable costs. 9.5 Disposition of Fines and Surcharges: Unless otherwise provided by law, all fines and penalties, and the surcharge thereon, for the violation of this Ordinance shall be paid into the treasury of Elbert County.
City and County
Section 10. Applicability. 10.1 This Ordinance shall apply throughout the unincorporated area of Elbert County, including public, state, and federal lands. This Ordinance shall in no way limit application and enforcement of any statutes of the State of Colorado but shall be in addition thereto. 10.2 Nothing in this Ordinance shall prohibit the continuation of previous enforcement actions undertaken by the County pursuant to previous regulations, provided that the violation is also a violation this Ordinance. Section 11. Severability. 11.1 If any section, subsection, clause, sentence, phrase or part of this Ordinance is declared invalid by a court of competent jurisdiction, such invalidity shall not affect, impair or invalidate any remaining provisions of this Ordinance. Section 12. Conflicting Provisions. 12.1 Where any provision of this Ordinance conflicts with any other provision of this Ordinance, or any other law or Ordinance, the more stringent shall apply. Section 13. Interpretation. 13.1 This Ordinance shall be so interpreted and construed as to effectuate its general purpose to prohibit the operation of marijuana cultivation facilities, marijuana product manufacturing facilities, marijuana testing facilities or retail marijuana stores within the unincorporated areas of Elbert County, Colorado. Section 14. Effective date. 14.1 This Ordinance shall take effect immediately upon adoption on the second and final reading and shall remain in effect until such time as this Ordinance is amended or repealed. End of Text Following the hearing, consideration based on this first or second reading will be given to the final passage and adoption of the Ordinance(s). In case of any discrepancy between the summary of the ordinance(s) printed here and the official text of the ordinance(s), the official text shall control. Legal Notice No.: 24197 First Publication: November 29, 2018 Last Publication: November 29, 2018 Publisher: The Elbert County News Public Notice: A public hearing for the County of Elbert for contemplated approval upon first or second reading, the following regulatory ordinance(s). The public hearing will be held before the Board of County Commissioners of Elbert County, Colorado, on December 19, 2018 at 9 a.m. in the Board Meeting Room located at 215 Comanche Street, Kiowa, CO 80117 to consider the following proposed ordinance(s). WHEREAS, the Board of County Commissioners, Elbert County, Colorado, has prepared or caused to be prepared an ordinance regulating the following: ORDINANCE NO. 18-3 AN ORDINANCE OF THE COUNTY OF ELBERT, STATE OF COLORADO, ESTABLISHING APPLICABILITY AND DEFINITIONS; PREVENTING AND SUPPRESSING RIOTS, ROUTS, AFFRAYS, DISTURBANCES, AND DISORDERLY ASSEMBLIES IN ANY PUBLIC OR PRIVATE PLACE; SUPPRESSING BAWDY AND DISORDERLY HOUSES AND HOUSES OF ILL FAME OR ASSIGNATION; RESTRAINING AND PUNISHING LOITERERS AND PROSTITUTES; REGULATING NOISE ON PUBLIC AND PRIVATE PROPERTY; ESTABLISHING PENALTIES AND AUTHORIZING ANY ARRESTING LAW ENFORCEMENT OFFICER TO FOLLOW THE PENALTY ASSESSMENT PROCEDURE PROVIDED IN SECTION 16-2-201, C.R.S.; ADOPTING A GRADUATED FINE SCHEDULE FOR SUCH VIOLATIONS, INCLUDING INCREASED PENALTY ASSESSMENTS FOR REPEAT OFFENSES BY THE SAME PERSON; PROVIDING FOR DISPOSITION OF FINES; PROVIDING THAT REMEDIES AND/OR PENALTIES SHALL BE CUMULATIVE; LIMITING LIABILITIES; GOVERNING CONFLICT AMONG ORDINANCES, RESOLUTIONS, OR CODES; AND ADOPTING SAVINGS AND SAFETY CLAUSES. Copies of the proposed ordinance(s) are available for inspec-
PROVIDED IN SECTION 16-2-201, C.R.S.; ADOPTING A GRADUATED FINE SCHEDULE FOR SUCH VIOLATIONS, INCLUDING INCREASED PENALTY ASSESSMENTS FOR REPEAT OFFENSES BY THE SAME PERSON; PROVIDING FOR DISPOSITION OF FINES; PROVIDING THAT REMEDIES AND/OR PENALTIES SHALL BE CUMULATIVE; LIMITING LIABILITIES; GOVERNING CONFLICT AMONG ORDINANCES, RESOLUTIONS, OR CODES; AND ADOPTING SAVINGS AND SAFETY CLAUSES. Copies of the proposed ordinance(s) are available for inspection at the County Administration Building upon request at 215 Comanche Street, Kiowa, CO 80117 during normal business hours. The full text of the ordinance follows:
City and County
WHEREAS, pursuant to C.R.S. § 30-15-401, et seq., the Board of County Commissioners of Elbert County, Colorado (hereinafter the “Board”), has the power to adopt ordinances for the control of matters purely of local concern as described therein; and WHEREAS, the Board of County Commissioners of Elbert County finds that adoption of this Ordinance is necessary to preserve the public peace, health, safety and welfare of the citizens of Elbert County; NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF ELBERT COUNTY, COLORADO, as follows: Section 1. Applicability. 1.1 This Ordinance shall apply throughout the unincorporated area of Elbert County, including public, private and state lands, and to any incorporated town or city which elects by ordinance or resolution to have the provisions hereof apply. Nothing herein shall prevent the exercise by a person of Constitutional rights; freedom of speech, freedom of religion, and/or the right to peaceably assemble for the common good, and to apply to those invested with the powers of government for redress of grievances. Section 2. Definitions. 2.1 Unless otherwise specified, all words and phrases utilized herein shall be read in context and construed according to the rules of grammar and common usage. The singular includes the plural, and the plural includes the singular. Words in the present tense include the future tense. Every word importing the masculine gender only may extend to and be applied to females and things and persons, as well as males. Every word importing the feminine gender only may extend to and be applied to males and things and persons, as well as females. Every word importing the natural gender only may extend to and be applied to persons, as well as things. 2.2 The term "alcoholic beverages" as used herein means malt, vinous, or spirituous liquors as the same are defined in C.R.S. § 12-47-103 or title 18 of Colorado Revised Statutes. 2.3 The term "breach of the peace" as used herein, is a disturbance of public order by an act of violence or by any act likely to produce violence, or which, by causing annoyance or alarm, disturbs the peace and quiet of the community. 2.4 The term "controlled substance" as used herein means a drug or other substance or an immediate precursor which is declared to be a controlled substance under C.R.S. § 12-22-301, et seq., or title 18 of Colorado Revised Statutes, and also includes marihuana and marihuana concentrate and cocaine. 2.5 The term "disorderly assembly" as used herein, includes, without limitation, a gathering of more than one (1) person on public, private and state lands at which there occurs illegal distribution, possession or consumption of alcoholic beverages or ethyl alcohol; illegal distribution, possession or use of controlled substances; fighting; brandishing of weapons; riotous or disorderly conduct; drunkenness or quarrelling likely to result in or resulting in breach of the peace; or activity which results in violations of other terms of this Ordinance. 2.6 The term "disorderly house" as used herein includes, without limitation, any structure and/or adjoining property or both which is used, owned, kept, or controlled by a person upon or within which any illegal distribution, possession or consumption of alcoholic beverages or ethyl alcohol; illegal distribution, possession, or use of controlled substances; fighting; brandishing of weapons; riotous or disorderly conduct; drunkenness or quarrelling likely to result in or resulting in breach of the peace; or other violations of this Ordinance are permitted, allowed, occasioned, encouraged or suffered. 2.7 The term "ethyl alcohol" means any substance which is or contains ethyl alcohol. 2.8 The term "keeping a place of prostitution" as used herein is defined in C.R.S. § 18-7-204 (1). 2.9 The term "loitering" as used herein means to be to stand idly around, to linger, delay, or wander about, or to remain, abide, or tarry in a public place. 2.10 The term "minor" as used herein, means any individual who has not attained his or her eighteenth birthday. 2.11 The term "pandering" as used herein, is defined in C.R.S. § 18-7-203 (1). 2.12 The term "person" as used herein, means any individual, corporation, partnership, limited partnership, limited liability company, association, and/or unincorporated association, and includes minors. The term does not mean the United States or any agency thereof, nor the State of Colorado or any agency thereof, nor any local government, Municipal Corporation, or political subdivision of the State of Colorado. 2.13 The term "pimping" as used herein, is defined in C.R.S. § 18-7-206. 2.14 The term "prostitution" as used herein is defined in C.R.S. § 18-7-201 (1) and (2). 2.15 The term "recklessly" as used herein is defined as follows: (1) A person acts recklessly when he or she consciously disregards reasonable evidence or reasonable notice that a circumstance or condition prohibited by this Ordinance exists, and the person fails or refuses to take reasonable action within the person's power to eliminate or ameliorate the condition violating this Ordinance. 2.16 The term "soliciting for prostitution" as used herein is defined in C.R.S. § 18-7-202 (1). 2.17 The term "vehicle" as used herein, shall
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(1) A person acts recklessly when he or she consciously disregards reasonable evidence or reasonable notice that a circumstance or condition prohibited by this Ordinance exists, and the person fails or refuses to take reasonable action within the person's power to eliminate or ameliorate the condition violating this Ordinance.
City and County
2.16 The term "soliciting for prostitution" as used herein is defined in C.R.S. § 18-7-202 (1). 2.17 The term "vehicle" as used herein, shall have the same meaning as that set forth in C.R.S. § 42-1-102 (88).
Section 3. Prevention of Riots, Routs, Affrays, Disturbances and Disorderly Assemblies. 3.1 It is unlawful for any person within Elbert County to commit any of the following acts:
(1) Molest pedestrians upon the streets or other public places by following them on foot or in a vehicle or by soliciting them to take rides in automobiles. (2) Communicate using abusive language or threats to persons present which creates a clear and present danger or incites violence. (3) Fight with another in a public place other than in a duly authorized contest or demonstration or without a legal justification such as selfdefense. (4) Without authorization, to alter, destroy, deface or damage public property or private property of another without legal authority. (5) Create a substantial risk of causing bodily injury to others by failing to obey any lawful order or command for dispersal by a peace officer or fireman, where persons are engaged in the commission of breach of the peace or are present in the immediate vicinity of fire-fighter or law enforcement operations. (6) Participate in, attend, or be present at a disorderly assembly. (7) To knowingly, intentionally, or recklessly permit, encourage, or allow a minor to participate in, attend, or be present at a disorderly assembly, where the minor is the natural or adopted child of or in the legal custody and/or physical custody of a person. The second violation of Section 3, Paragraph 3.1 (6) of this Ordinance by a minor within a six (6) month period shall constitute prima facie evidence that a parent or legal and/or physical custodian has knowingly, intentionally, or recklessly permitted, encouraged, or allowed a minor to participate in, attend, or be present at a disorderly assembly. (8) To cause or participate in a breach of the peace. (9) Keep or be in control of any place where people congregate wherein a breach of the peace or a disorderly assembly is encouraged, supported or allowed. (10) To knowingly, intentionally, or recklessly permit, encourage, or allow a minor, without authorization, to alter, destroy, deface or damage public property or private property of another, where the minor is the natural or adopted child of or in the legal custody and/or physical custody of a person. The second violation of Section 3, Paragraph 3.1 (4) of this Ordinance by a minor within a six (6) month period shall constitute prima facie evidence that a parent or legal and/or physical custodian has knowingly, intentionally, or recklessly permitted, encouraged, or allowed a minor, without authorization, to alter, destroy, deface or damage public property or private property of another. Section 4. Enforcement of Disorderly Houses, Prostitution Locations, and Chop Shops. 4.1. It is unlawful for any person within the County of Elbert to commit any of the following acts:
(1) To knowingly, intentionally or recklessly keep any disorderly house. (2) To knowingly, intentionally or recklessly keep a place of prostitution. (3) To knowingly, intentionally, or recklessly keep, cause or permit to be kept any public or private place, property, or premises which allows or encourages professional gambling; illegal distribution, possession, or use of controlled substances; illegal distribution, possession, or consumption of alcoholic beverages or ethyl alcohol; soliciting for prostitution; or trafficking of stolen property. (4) To knowingly, intentionally or recklessly permit another person to commit any act declared unlawful by this Ordinance in or upon any property or premises owned, possessed or under a person with management or control when the person has the power to prevent such act.
Section 5. Restraining and Punishing Loiterers and Prostitutes. 5.1. It is unlawful for any person within Elbert County to commit any of the following acts:
(1) Loitering for purposes prohibited by C.R.S. § 18-9-112 (2). (2) Loitering for the purpose of illegally obtaining cigarettes or tobacco products or for the purpose of illegally obtaining, illegally possessing, or illegally consuming alcoholic beverages, or ethyl alcohol. (3) Prostitution, soliciting for prostitution, pandering, keeping a place of prostitution, or pimping, as the same are defined in C.R.S. § 18-7-201, et seq. or as previously defined in this Ordinance. (4) To knowingly, intentionally or recklessly permit, encourage or allow a minor to commit loitering for the purposes prohibited in Section 5 paragraphs 5.1 (1) and/or (2) of this Ordnance, or prostitution, soliciting for prostitution, pandering, keeping a place of prostitution, or pimping, where the minor is the natural or adopted child of or in the legal custody and/or physical custody of a person. The second violation of Section 5 paragraphs 5.1 (1), (2), and/or (3) of this Ordnance by a minor within a six (6) month period shall constitute prima facie evidence that a parent or legal and/or physical custodian has knowingly, intentionally or recklessly permitted, encouraged, or allowed a minor to commit loitering for the purposes prohibited in Section 5 paragraphs 5.1 (1) and (2) of this Ordnance or prostitution, soliciting for prostitution, pandering, keeping a place of prostitution, or pimping in violation of Section 5 paragraph 5.1 (3).
Section 6. Regulating Noise on Public, Private and State Property. 6.1 It is unlawful for any person within Elbert County to commit any of the following acts:
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knowingly, intentionally or recklessly permitted, encouraged, or allowed a minor to commit loitering for the purposes prohibited in Section 5 paragraphs 5.1 (1) and (2) of this Ordnance or prostitution, soliciting for prostitution, pandering, keeping a place of prostitution, or pimping in violation of Section 5 paragraph 5.1 (3).
City and County
Section 6. Regulating Noise on Public, Private and State Property. 6.1 It is unlawful for any person within Elbert County to commit any of the following acts:
(1) To make, continue, encourage or cause to be made any unnecessary, unusually loud, or in itself unusual sound or noise which either annoys, injures or endangers the comfort, health, or safety of other persons or which interferes with the private enjoyment of surrounding environment, or which could reasonably be expected to do so. (2) To produce within or upon a vehicle sound or noise by means of electronic or pneumatic amplification equipment which sound or noise is audible outside a vehicle, and which sound or noise is not commercial or political speech or which is not caused as a part of a legal and organized parade or rally. (3) To operate any vehicle that is not equipped with a muffler in constant operation and is not properly maintained to prevent an increase in the noise emitted by the vehicle above the noise emitted when the muffler was originally installed; or to operate any vehicle having a muffler that has been equipped or modified with a cutoff, or bypass, or any similar device or modification. (4) It shall be prlma facie evidence that this Ordinance has been violated if, between the hours of 11:00 p.m. and 6:00 a.m. in any location zoned for residential occupancy, sound or noise emanating from any premise or property shall exceed the level of normal human conversation at the property line of the property from which the sound or noise is emanating. For the purpose of this Ordinance, a law enforcement officer is empowered to make a prima facie determination whether sound or noise violates this Ordinance. In making such determination, the officer shall consider the constancy or intermittence of the noise and the beat frequency or shrillness thereof. The officer may consider such other matters and extenuating circumstances as he or she in the exercise of reasonable judgement may observe or hear, including, without limitation, duration of sound or noise, time of day or night, day of week, and distance of sound or noise source from the complainant or person affected. (5) Except as exempted in Section 6 paragraph 6.2 of this Ordnance, this Ordinance shall apply to all sound or noise, whether on public, private or state property, whether stationary or mobile, including, without limitation, animal noises; vehicle noises; tool, equipment and machinery noises; music; and the use of television, radios, disk players, tape players, powered speakers, musical instruments, and amplifiers, or sound or noise exceeding maximum permissible noise levels as stated in C.R.S. § 25-12-103.
6.2. The regulation of sound or noise on public, private and state property by this Ordinance shall not apply to the following:
(1) Property used for purposes which are exempt, pursuant to C.R.S. § 25-12-103, from noise abatement. (2) Property which is zoned and used for manufacturing, industrial, or commercial business purposes or property which is used for agricultural purposes. (3) Public utilities regulated pursuant to C.R.S. Title 40. (4) Oil and gas production subject to the provisions of C.R.S. Article 60 of Title 34. (5) Operation of emergency vehicles. (6) Construction or building activity requiring a building permit and generally conducted during normal business hours. (7) Utility installation or repair generally occurring during normal business hours and emergency utility repair occurring at any time. (8) Lawn, grounds, and right-of-way maintenance activity which is temporary and generally conducted during daylight hours. (9) Activities which are authorized governed and/or controlled by the terms of an approved Elbert County conditional use permit or special events permit. (10) The lawful discharge of firearms; the lawful discharge of fireworks pursuant to C.R.S. Title 12, Article 28; or the lawful discharge of explosives pursuant to C.R.S. Title 9, Article 7, or C.R.S. Title 34, Articles 20-54.
Section 7. Penalties. 7.1 Any person who violates any provision of this Ordinance commits a class 2 petty offense. 7.2 With regard to the following Sections and paragraphs of this Ordinance, each day during which a violation exists or continues shall be deemed a separate offense. (1) Section 3, paragraph 3.1 (9). (2) Section 4, paragraphs 4.1 (1) – (4). (3) Section 6, paragraph 6.1 (3). 7.3 Penalty Assessment Procedure. Except as set forth in Section 7 paragraph 7.4, the penalty assessment procedure provided in C.R.S. § Section 16-2-201, may be followed by any arresting or citing law enforcement officer for any violation of this Ordinance, as follows:
(1) When a person is arrested or cited for violation of this Ordinance, the officer may either give the person a penalty assessment notice (citation) and release him/her upon its terms or take him/her before a judge of the county court in Elbert County after arrest. (2) The penalty assessment notice (citation) shall be a summons and complaint containing identification of the alleged offender, specification of the offense and applicable fine, a requirement that the alleged offender pay the fine or appear to answer the charge at a specified time and place, and any other matter reasonably adapted to effectuating the purposes of this section. A duplicate copy shall be sent to the clerk of the county court in Elbert County. (3) If the person given a penalty assessment notice (citation) chooses to acknowledge his/her guilt, he/she may pay the specified fine in person or by mail at the place and within the time specified in the notice. If he/she chooses not to acknowledge his/her guilt, he/she shall appear as required in the notice. Upon trial, if the al-
ment that the alleged offender pay the fine or appear to answer the charge at a specified time and place, and any other matter reasonably adapted to effectuating the purposes of this section. A duplicate copy shall be sent to the clerk of the county court in Elbert County. (3) If the person given a penalty assessment notice (citation) chooses to acknowledge his/her guilt, he/she may pay the specified fine in person or by mail at the place and within the time specified in the notice. If he/she chooses not to acknowledge his/her guilt, he/she shall appear as required in the notice. Upon trial, if the alleged offender is found guilty, the fine imposed shall be that specified in the notice for the offense of which he/she was found guilty, but customary court costs may be assessed against him/her in addition to the fine.
City and County
7.4 Any violation of provisions of this Ordinance by a person on the first incident within a six (6) month period shall result in a fine of fifty dollars ($50.00). A second violation of any provision of this Ordinance within a six (6) month period shall result in a fine of one hundred dollars ($100.00). A third or further violation of this Ordinance within a six (6) month period shall result in a fine of three hundred dollars ($300.00) for each violation. The first violation of the provisions of this Ordinance within a six (6) month period may be disposed of without the requirement of an appearance before the court. Second and third or further violations of the provisions of this Ordinance within a six (6) month period shall require the appearance of the person in the County Court of Elbert County on an appointed date to answer the charges. 7.5 Any establishment which engages in repeated or continuing violations of this Ordinance shall constitute a public nuisance. The Elbert County Attorney, or the District Attorney of the Eighteenth Judicial District acting pursuant to C.R.S. § 16-13-302, may bring an action in the District Court of Elbert County for an injunction against the operation of such establishment in a manner which violates this Ordinance. Section 8. Disposition of Fines. 8.1 All fines imposed and collected for any violation of this Ordinance shall be paid into the general fund of Elbert County. Section 9. Remedies and/or Penalties to be Cumulative. 9.1 Remedies and/or penalties hereunder shall be cumulative with and in addition to any other remedy and/or penalty authorized by law, statute, ordinance, or resolution. The terms of this Ordinance shall not deprive any person or governmental entity of any right of action it may have, or prevent charging under any other federal law, state law, or local law, ordinance, code, or resolution. Section 10. Non-Liability. 10.1 Neither the Elbert County Board of County Commissioners, nor the Elbert County Sheriff, nor any of their respective officers, employees, or agents authorized to enforce the provisions of this Ordinance, shall be held responsible for any accident or subsequent disease or for any loss or damages resulting from enforcement of this Ordinance. Section 11. Conflict among Ordinances, Resolutions or Codes. 11.1 If the terms of this Ordinance conflict with the terms of any other Elbert County ordinance, resolution, or code, the more restrictive ordinance, resolution, or code shall apply. Section 12. Savings Clause. 12.1 If any provision or provisions of this Ordinance are determined by a court of law to be invalid, such a determination shall not affect the remaining provisions of this Ordinance. To this end, the provisions of this Ordinance are determined and declared to be severable. Section 13. Safety Clause. 13.1 The Elbert County Board of County Commissioners hereby finds and determines that adoption of this Ordinance is necessary for the immediate preservation of the public health, safety and welfare. End Text Following the hearing, consideration based on this first or second reading will be given to the final passage and adoption of the Ordinance(s). In case of any discrepancy between the summary of the ordinance(s) printed here and the official text of the ordinance(s), the official text shall control. Legal Notice No.: 24198 First Publication: November 29, 2018 Last Publication: November 29, 2018 Publisher: The Elbert County News Public Notice: A public hearing for the County of Elbert for contemplated approval upon first or second reading, the following regulatory ordinance(s). The public hearing will be held before the Board of County Commissioners of Elbert County, Colorado, on December 19, 2018 at 9 a.m. in the Board Meeting Room located at 215 Comanche Street, Kiowa, CO 80117 to consider the following proposed ordinance(s). WHEREAS, the Board of County Commissioners, Elbert County, Colorado, has prepared or caused to be prepared ordinance regulating the following: ORDINANCE 18-1, AN ELBERT COUNTY ORDINANCE TO REGULATE CULTIVATION AND PROCESSING OF INDUSTRIAL HEMP; REPEALING ALL ORDINANCES AND RESOLUTIONS IN CONFLICT THEREWITH; AND PRODIVING PENALTIES FOR VIOLATION THEREOF. Copies of the proposed ordinance(s) are available for inspection at the County Administration Building upon request at 215 Comanche Street, Kiowa, CO 80117 during normal business hours. The full text of the ordinance follows: WHEREAS, pursuant to C.R.S. § 30-11-103, the Board of County Commissioners of Elbert County, Colorado (hereinafter the “Board”), has the authority to exercise all County powers for the Unincorporated Areas of Elbert County; and WHEREAS, Elbert County, Colorado has the authority pursuant to C.R.S. §30-11-101(2), to adopt and enforce ordinances and resolutions
ness hours. The full text of the ordinance follows: WHEREAS, pursuant to C.R.S. § 30-11-103, the Board of County Commissioners of Elbert County, Colorado (hereinafter the “Board”), has the authority to exercise all County powers for the Unincorporated Areas of Elbert County; and
City and County
WHEREAS, Elbert County, Colorado has the authority pursuant to C.R.S. §30-11-101(2), to adopt and enforce ordinances and resolutions regarding health, safety and welfare issues; and WHEREAS, pursuant to C.R.S. § 35-61-101 et seq., a person engaged in the cultivation of industrial hemp holding a registration issued by the State of Colorado Department of Agriculture (hereafter: CDA), and in compliance with all requirements thereof, is not subject to any civil or criminal actions for engaging in said activity; and WHEREAS, the Board has determined a prevailing public interest to clearly distinguish between industrial hemp and marijuana cultivation through a permitting process that places the onus on registered industrial hemp cultivators to ensure the County Government and public have the best information to protect both public interests and private property; and WHEREAS, to ensure the permitting process and subsequent record-keeping and enforcement are sufficiently funded, the Board has determined that there is a reasonably calculated cost to the County that shall not exceed five hundred dollars ($500) per calendar year per registered cultivator; and WHEREAS, the Board of County Commissioners has determined the Elbert County Community Development Services Director (hereafter: CDS) is appropriately designated as the County’s principal element charged with implementation of all requirements set forth below for permitting and inspection of industrial hemp cultivators operating within the County and coordination with other elements of Elbert County Government necessary to implement the permitting, inspection, and enforcement of the requirements described below; and WHEREAS, the Board of County Commissioners directs CDS to create and gain approval of a permit form, permit fee, recording method, and validation process which may utilize CDA registration documents (“Colorado Industrial Hemp Registration Application” dated February 2017 and any subsequent CDA documents with the same intent. Such registration and regulations shall go into effect on January 1st, 2019; and WHEREAS, the Board desires to adopt this ordinance establishing a permitting process for the cultivation of industrial hemp and clearly stating the County’s prohibition on the processing of industrial hemp into byproducts. Hereby superseding and revoking all prior ordinances and resolutions inconsistent or overlapping herewith. NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF ELBERT COUNTY, COLORADO, that: Section 1. Title. 1.1 This Ordinance shall be known and referred to as the "Elbert County Industrial Hemp Cultivation and Processing Ordinance," and may be cited and referenced as such. Section 2. Purpose. 2.1 The purpose of this Ordinance is to promote the general public welfare and safety by imposing and enforcing reasonable and necessary restrictions on the cultivation of industrial hemp in Elbert County and prohibiting the processing of the same. Section 3. No Non-conforming Use Status. 3.1 No person, business, activity or use involving the cultivation of industrial hemp in the unincorporated areas of the County prior to the enactment of this Ordinance shall be deemed to have been legally established under this Ordinance, and no such person, business, activity or use shall be entitled to claim legal nonconforming status under any provision of this Ordinance or applicable law. Section 4. Definitions. 4.1 “Industrial Hemp” means a plant of the genus cannabis and any part of the plant, whether growing or not, containing a delta-9 tetrahydrocannabinol concentration of no more than three-tenths of one percent on a dry weight basis. 4.2 “Delta-9 tetrahydrocannabinol” has the same meaning as “tetrahydrocannabinols” as set forth in C.R.S. § 27-80-203(24) and may be abbreviated as THC. 4.3 “Cultivation” means the planting, growing and/or harvesting of industrial hemp, including but not limited to hydroponic cultivation and cloning. Section 5. Prohibition on the Processing of Industrial Hemp and Implementation of Restrictions on Cultivation of Industrial Hemp. 5.1 In exercise of its police power authority, and having determined the common methodologies utilized to process hemp into byproducts bear a significant risk to health, safety, and welfare, the BOCC therefore prohibits the processing of hemp within the County, to include byproducts such as Cannabidiol (hereafter: CBD) derivatives, hemp or CBD oils of any kind, and any foods, sugars, solvents, plastics, or fuels derived from hemp. This prohibition includes extraction, or production of any hemp concentrate or derivative of a hemp plant, through any methods, to include: (1) Extraction using alcohol, ethanol, or any solvent; (2) The production of concentrate utilizing any source of heat from a fuel fired or electrified source; (3) Utilization of any process using hazardous chemicals, gases, explosives, fossil fuels/fluorocarbons or their derivatives, butane, or other flammable materials; (4) Extraction using carbon dioxide, or water, as part of an extraction process.
(1) Extraction using alcohol, ethanol, or any solvent; (2) The production of concentrate utilizing any source of heat from a fuel fired or electrified source; (3) Utilization of any process using hazardous chemicals, gases, explosives, fossil fuels/fluorocarbons or their derivatives, butane, or other flammable materials; (4) Extraction using carbon dioxide, or water, as part of an extraction process.
City and County
5.2 The growing of hemp seeds and harvesting of hemp seeds for purposes of agricultural seeding shall not be subject to the prohibition on processing of industrial hemp into byproducts described in section 5.1. 5.3 Provision of items (1)-(6), acknowledgement of items (7)-(11), and verification by CDS and/or signed affidavit to the same by applicant(s) of compliance with items (12)-(14) below, shall constitute grounds for approval to cultivate industrial hemp in Elbert County: (1) Provide annual proof of state registration with CDA. (2) Provide proof of testing from the prior year showing THC level for all hemp varietals planted in each registered area fell within the 0.3% THC content or below threshold (if applicant grew hemp in the County last year). (3) Provide letter indicating intended in-County use for hemp not sold or shipped out of County, or proof of contract for sale/proof of contract for processing/intent to buy hemp from an entity outside of Elbert County in order to ensure hemp processing is not taking place in Elbert County. (4) Provide a Crop Destruction plan, applicable if crop tests above 0.3% THC. (5) Provide a Fire District acceptance letter of destruction plan, if destruction includes burning. (6) Provide permitting fee of five hundred dollars ($500), which may cover annual on-site inspection by CDS, County initiated tested samples, and possible law enforcement patrols, inspections, or visits. (7) Advise the voluntary submission of potency testing reports by registered cultivators to Elbert County CDS is encouraged and may take place at any time (8) Acknowledge Elbert County Sheriff’s Office (hereafter: SO) ability engage in unimpeded access within 24 hours of notification to applicant, to all buildings and locations where hemp cultivation operations are occurring. (9) Acknowledge Elbert County CDS is entitled to unimpeded access within 24 hours of notification to applicant, to all buildings and locations where hemp cultivation operations are occurring the purpose of site inspection and testing up to two (2) samples per year from any varietal on each registered land area within the county, to be tested for potency by a state-certified laboratory at cost to the County, and provide access as requested (10) Acknowledge the failure to comply with any of the above requirements may result in denial of a permit for the subsequent registration year (11) Acknowledge the failure to comply with CDA requirements discovered by Elbert County may result in referral of information collected by Elbert County to the CDA and may result in immediate revocation or denial of applications in present years, and future years, and/or referral to law enforcement for further investigation (12) Verify correct zoning (Agriculture) and, when cultivation takes place within any structure, compliance with all applicable laws, regulations, and codes, including but not limited to health, building, electrical, plumbing, mechanical, sign, fire, and other codes, statutes, and ordinances (13) Inspect fencing on any public access road and neighboring properties creates a clear boundary with adjacent properties and a deterrent effect (forty-eight [48] inch average height, comprising three (3) strands of barbed wire or posted electric fence with no more than fifteen (15) inch spacing, solid chain link, or three-rail wood, metal or vinyl fence) (14) Inspect signage declaring crop is industrial hemp, placed no more than one hundred and fifty (150) feet apart along any public road and at least one (1) sign facing all adjacent properties at the center point and all corners of the boundary for open fields; signage at each entrance to a fixed structure used for indoor cultivation and at any access point to the property from a public road; and all signage readable from at least twenty-five (25) feet distant 5.4 The cultivation of industrial hemp in Elbert County without an approved Elbert County Industrial Hemp Cultivator Application or subsequent Elbert County document with the same intent shall constitute a violation of this ordinance. 5.5 Once a registrant has begun to plant a crop under the authorization of an approved Elbert County Industrial Hemp Cultivator Application, the failure to provide the following items in the timeframes described shall constitute a violation of this ordinance: (1) Provide copies of all CDA-mandated planting and harvest reports no more than fifteen (15) days after planting or transferring cannabis plants in and within a registered land area; and no sooner than twenty-one (21) days and no later than seven (7) days prior to the anticipated harvest date so that Elbert County officials can elect to sample the proposed harvest plants for THC content (2) Provide Elbert County CDS proof of potency testing by a Colorado state-certified laboratory, at cultivator cost, for all varietals planted within each registered area, no sooner than twentyone (21) days and no later than seven (7) days prior to the anticipated harvest date 5.6 Once a registrant has begun to plant a crop under the authorization of an approved Elbert County Industrial Hemp Cultivator Application, the failure to provide access in accordance with Section 5.3., items (8) and (9), shall constitute a violation of this ordinance and shall constitute a basis for immediate revocation of permitted agricultural cultivation of hemp. 5.7 Once a registrant has begun to plant a crop under the authorization of an approved Elbert County Industrial Hemp Cultivator Application, the failure to maintain compliance with Section 5.3., items (12), (14), and (15) shall constitute a violation of this ordinance and shall constitute a basis for immediate revocation of permitted agricultural cultivation of hemp
the failure to provide access in accordance with Section 5.3., items (8) and (9), shall constitute a violation of this ordinance and shall constitute a basis for immediate revocation of permitted agricultural cultivation of hemp. 5.7 Once a registrant has begun to plant a crop under the authorization of an approved Elbert County Industrial Hemp Cultivator Application, the failure to maintain compliance with Section 5.3., items (12), (14), and (15) shall constitute a violation of this ordinance and shall constitute a basis for immediate revocation of permitted agricultural cultivation of hemp
November 29, 2018N
City and County
Section 6. Enforcement. 6.1 This Ordinance shall be enforced by the Elbert County Sheriff and county code enforcement personnel. 6.2 Violation: It shall be unlawful for any person to violate any provision of this Ordinance. 6.2.1 Any person who violates this Ordinance commits a Class 2 Petty Offense. 6.2.2 The fine for a first offense and for any subsequent offense shall be no less than two-hundred fifty dollars ($250) and not more than one thousand dollars ($1,000) per violation and each day shall be deemed a separate violation. 6.2.3 The remedies provided in this Ordinance shall be cumulative and in addition to any other federal, state or local remedy, criminal or civil, which may be available. Nothing contained herein shall be construed to preclude prosecution under any other applicable statute, ordinance, rule, order or regulation. 6.3 Penalty Assessment: In accordance with C.R.S. §30-15-402, and §16-2-201 and all other applicable County and State Code, Regulations, or Laws, any applicable penalty assessment procedure is hereby authorized for use by any law or code enforcement officer, or County or District Attorney, vested with authority to issue a Summons and Complaint for violations of this Ordinance. 6.3.1 The penalty assessment notice (citation) shall be a Summons and Complaint containing identification of the alleged offender, specification of the offense and applicable fine, a requirement that the alleged offender pay the fine or appear to answer the charge at a specified time and place, and any other matter reasonably adapted to effectuating the purposes of this section. 6.3.2 A duplicate copy shall be sent to the Elbert County Clerk of the Court or otherwise in the county in which the alleged offense occurred. 6.3.3 The provisions herein shall not apply to penalties assessed pursuant to authority of law outside this Ordinance unless this Ordinance is specifically referred to in such other law. 6.3.4 If the person given a penalty assessment notice (citation) chooses to acknowledge their guilt, he or she may pay the specified fine in person or by mail at the place and within the time specified in the notice. If the individual chooses not to acknowledge their guilt, he or she shall appear as required in the notice. Upon trial, if the alleged offender is found guilty, the fine imposed shall be that specified in the notice for the offense of which the individual was found guilty, but customary court costs and surcharges shall be assessed against the individual in addition to the fine. 6.4 Graduated Fine Schedule and Procedure for Payment: Any person who violates any part of Section 5, shall be punished, upon conviction, in accordance with the following schedule:
(1) For the first offense, the sum of five-hundred dollars ($500); (2) For the second or subsequent offense, the sum of one thousand dollars ($1,000).
6.4.1 Whenever a penalty assessment notice (citation) is issued pursuant to this Ordinance, the penalty assessment notice (citation) which shall be served upon the defendant by a code or law enforcement officer, and shall contain the name and address of the defendant; a citation of the Ordinance section alleged to have been violated; a brief description of the offense; the date and approximate location of the commission of the offense; the amount of the penalty prescribed for such offense, including any surcharge and collection costs; and the date the penalty assessment notice (citation) is served on the defendant. 6.4.2 The penalty assessment shall inform the defendant of the opportunity to pay the fine and a five dollar ($5.00) collection fee, within twenty (20) days unless otherwise provided by law, all fines paid for the violation of this ordinance shall be made payable to Elbert County and submitted to the Elbert County Treasurer’s Office and deposited into the general fund of Elbert County, thereby avoiding imposition of court costs and surcharges at a later date. 6.4.3 The penalty assessment notice (citation) shall direct the defendant to appear in a specified county court at a specified time and place in the event such penalty is not paid; shall be signed by the code or law enforcement officer; and shall contain a place for the party issued a Penalty Assessment Notice (citation) to elect to execute a signed acknowledgment of guilt and an agreement to pay the penalty prescribed within twenty days (20), as well as such other information as may be required by law, to enable such Penalty Assessment Notice to become a Summons and Complaint, should the prescribed penalty not be paid within the time allowed in this Ordinance. 6.4.4 One (1) copy of said Penalty Assessment Notice shall be served upon the defendant by the code or law enforcement officer and one (1) copy sent to the Elbert County Treasurer. In the event the penalty assessment is not paid to the Elbert County Treasurer within the required twenty (20) day period, the Elbert County Treasurer shall forward all unpaid penalty assessments to the Elbert County Court for docketing on the date of first appearance indicated on the Summons and complaint/Penalty Assessment Notice. 6.4.5 The time specified in the summons portion of said Summons and Complaint must be at least twenty days (20) after the date such Summons and Complaint is served, unless the defendant shall demand an earlier court appearance date. 6.4.6 The time specified in the summons portion of said Penalty Assessment Notice shall be at least thirty days (30) but not more than ninety days (90) after the date such Penalty Assessment Notice is served, unless the defendant shall demand an earlier court appearance date. 6.4.7 The place specified in the summons por-
Elbert County 11.29.18 * 3
tion of said Summons and Complaint must be at least twenty days (20) after the date such Summons and Complaint is served, unless the defendant shall demand an earlier court appearance date. 6.4.6 The time specified in the summons portion of said Penalty Assessment Notice shall be at least thirty days (30) but not more than ninety days (90) after the date such Penalty Assessment Notice is served, unless the defendant shall demand an earlier court appearance date. 6.4.7 The place specified in the summons portion of said Summons and Complaint or of the Penalty Assessment Notice must be a county court within the county in which the offense is alleged to have been committed. 6.4.8 If the defendant is otherwise eligible to be issued a Summons and Complaint or a Penalty Assessment Notice for a violation of this Ordinance and if the defendant is not a resident of Elbert County, in order to secure release, must execute a promise to appear in court on the Penalty Assessment Notice or on the Summons and Complaint. 6.4.9 Unless a person who has been cited for an Ordinance violation pays in a timely manner with adequate and sufficient funds, the penalty assessment as provided in this Ordinance, the person shall appear at a hearing on the date and time specified in the summons portion of the Penalty Assessment Notice and answer the complaint against him or her. 6.4.10 If judgment is entered against a violator, he or she shall be assessed an appropriate penalty, a surcharge, a docket fee, and other applicable costs. 6.5 Disposition of Fines and Surcharges: Unless otherwise provided by law, all fines and penalties, and the surcharge thereon, for the violation of this Ordinance shall be paid into the treasury of Elbert County.
November 29, 2018
City and County
Section 7. Severability. 7.1 If any section, subsection, clause, sentence or phrase of this Ordinance are for any reason adjudged by any court of competent jurisdiction to be invalid, such invalidity shall not affect, impair or invalidate any other provisions of this Ordinance which can be given effect without such invalid provision. The Board hereby declares that it would have passed this Ordinance and each part or parts thereof, irrespective of the fact that anyone part or parts be declared invalid. Section 8. Repeal. 8.1 Existing or parts of ordinances covering the same matters as embraced in this Ordinance are hereby repealed and all ordinances or parts of ordinances inconsistent with the provisions of this Ordinance are hereby repealed, except that this repeal shall not affect or prevent the prosecution or punishment of any person for any act done or committed in violation of any ordinance hereby repealed prior to the taking effect of this Ordinance. Section 9. Interpretation. 9.1 This ordinance shall be so interpreted and construed as to effectuate the prohibition of the processing of industrial hemp into byproducts, and regulate the cultivation of industrial hemp for the purposes of protecting private property and ensuring the health, safety, and welfare of the public.
processing of industrial hemp into byproducts, and regulate the cultivation of industrial hemp for the purposes of protecting private property and ensuring the health, safety, and welfare of the public.
City and County
Section 10. Effective date. 10.1 This Ordinance, upon adoption on the second and final reading, shall become effective on the 1st day of January, 2019 and shall remain in effect until such time as this Ordinance is amended, temporarily suspended or repealed. Section 11. Certification. 11.1 The Elbert County Clerk shall certify to the passage of this Ordinance and shall have on file copies of this Ordinance available for inspection by the public during normal working hours.
THE PEOPLE OF THE STATE OF COLORADO TO THE ABOVE-NAMED DEFENDANT: MICHAEL ADAMS
INVITATION TO BID:
Following the hearing, consideration based on this first or second reading will be given to the final passage and adoption of the Ordinance(s). In case of any discrepancy between the summary of the ordinance(s) printed here and the official text of the ordinance(s), the official text shall control. Legal Notice No.: 24199 First Publication: November 29, 2018 Last Publication: November 29, 2018 Publisher: The Elbert County News
Legal Notice No.: 24196 First Publication: November 29, 2018 Last Publication: November 29, 2018 Publisher: The Elbert County News
Summons and Sheriff Sales
Public Notice
Public Notice
NOTICE OF BUDGET Pursuant to 29-1-106, C.R.S.
DISTRICT COURT, ELBERT COUNTY, COLORADO Court Address: 751 Ute Ave. Kiowa, CO 80117
A copy of the proposed budget has been filed in the office of the ELIZABETH FIRE PROTECTION DISTRICT, where same is open for public inspection. The proposed budget will be considered at a regular meeting of the ELIZABETH FIRE PROTECTION DISTRICT to be held at Station #1, 155 W. Kiowa Ave., Elizabeth, Colorado at 7:00 P.M. on December 11, 2018. Any interested elector of the ELIZABETH FIRE PROTECTION DISTRICT may inspect the proposed budget for 2019 and file or register any objections thereto at any time prior to the final adoption of the budget. Dated this 20th day of November, 2018. ELIZABETH FIRE PROTECTION DISTRICT BY:/s/ Wayne Austgen, Secretary Legal Notice No.: 24195 First Publication: November 29, 2018 Last Publication: November 29, 2018 Publisher: The Elbert County News
Section 10. Effective date. 10.1 This Ordinance, upon adoption on the second and final reading, shall become effective on the 1st day of January, 2019 and shall remain in effect until such time as this Ordinance is amended, temporarily suspended or repealed.
Section 11. Certification. 11.1 The Elbert County Clerk shall certify to the passage of this Ordinance and shall have on file copies of this Ordinance available for inspection by the public during normal working hours.
If you fail to file your answer or other response to the complaint [petition] in writing within 35* days after the date of the last publication, judgment by default may be rendered against you by the court for the relief demanded in the complaint [petition] without further notice. This is an action: for Judicial Foreclosure and Damages. Dated: September 14, 2018 Tammy M. Alcock, Esq. Attorney for Plaintiff(s)/Petitioner(s)
Notice ToCREDITORS Creditors NOTICE TO
Estate of JUANITA MAE STRAIGHT, a/k/a Juanita M. Straight, a/k/a Juanita Straight, Deceased Case Number: 18PR30048, Div. 1
All persons having claims against the above named estate are required to present them to the personal representative or to the District Court of Elbert County, Colorado on or before March 23, 2019, or the claims may be forever barred. Su A. Eckhardt, Personal Representative c/o Flanders, Elsberg, Herber & Dunn, LLC 401 Main Street, Suite #1 Longmont, CO 80501 Legal Notice No.: 24183 First Publication: November 15, 2018 Last Publication: November 29, 2018 Publisher: The Elbert County News Public Notice
(This summons is issued pursuant to Rule 4(g), Colorado Rules of Civil Procedure. This form should not be used where personal service is desired.)
Metropolitan Districts
Notice is hereby given that a proposed budget has been submitted to the ELIZABETH FIRE PROTECTION DISTRICT for the 2019 fiscal year.
Public Notice
Summons and Sheriff Sales
LEGAL NOTICE
Independence Water and Sanitation District (IWSD) is requesting sealed Bids for the “Potable Water Storage Tank”. All sealed Bids are to be delivered to IWSD's office at 1288 S. Clayton Street, Denver, CO 80210 by 1:00 p.m. local time on December 18, 2018. Bids must be labeled “Potable Water Storage Tank”. Bids received after that date and time will not be considered. Bid packages will be available on or after 12:00 p.m. on December 3, 2018 and can be obtained by emailing MSK Consulting at dave@mskwater.com. The Project consists of a pre-stressed concrete water storage tank. Requests for information are to be directed to MSK Consulting.
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You are hereby summoned and required to appear and defend against the claims of the complaint filed with the court in this action, by filing with the clerk of this court an answer or other response. You are required to file your answer or other response within 35* days after the service of this summons upon you. Service of this summons shall be complete on the day of the last publication. A copy of the complaint may be obtained from the clerk of the court.
Bids and Settlements
Elbert County News 23
*Rule 12(a), C.R.C.P., allows 35 days for answer or response where service of process is by publication. However,under various statutes, a different response time is set forth; e.g., §38-6104, C.R.S. (eminent domain); §38-36121,C.R.S. (Torrens registration). Legal Notice No.: 24184 First Publication: November 15, 2018 Last Publication: December 13, 2018 Publisher: The Elbert County News
Plaintiff: SPRING VALLEY RANCH MASTER ASSOCIATION, INC., a Colorado non-profit corporation
Notice To Creditors
Defendant: CHERI L. ADAMS aka CHERI LYNN THEISEN aka CHERI L. CLEMENTS; ANTHONY G. CLEMENTS; LINDA M. CLEMENTS; MICHAEL ADAMS; PRIMELENDING, INC.; MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC.; RICK PETTITT, Elbert County Public Trustee
Public Notice
NOTICE TO CREDITORS Estate of Joan P. Gibson, aka Joan Patricia Gibson, aka Joan Gibson, Deceased Case Number: 2018PR030050
All persons having claims against the above named estate are required to present them to the personal representative or to the District Court of Elbert County, Colorado on or before March 29, 2019, or the claims may be forever barred. William J. Gibson Personal Representative 984 Buffalo Trail Elizabeth, CO 80107 Legal Notice No.: 24193 First Publication: November 22, 2018 Last Publication: December 6, 2018 Publisher: The Elbert County News
NOTICE TO CREDITORS Estate of Robert J. Heerman, Deceased Case Number: 2018 PR 30047 All persons having claims against the above named estate are required to present them to the personal representative or to the District Court of Elbert County, Colorado on or before March 15, 2019, or the claims may be forever barred.
Attorneys for Plaintiff: Name: Alcock Law Group, PC Tammy M. Alcock, Esq. Address: 19751 E. Mainstreet, Suite 225 Parker, CO 80138 Phone No.: (303) 993-5400 Atty. Reg. #: 39816 Tammy@Alcocklawgroup.com Case No.: 2018CV30078
Karen Goodman, Personal Representative 782 E. Nichols Drive Littleton, CO 80122 Legal Notice No.: 24182 First Publication: November 15, 2018 Last Publication: November 29, 2018 Publisher: The Elbert County News
SUMMONS BY PUBLICATION THE PEOPLE OF THE STATE OF COLORADO TO THE ABOVE-NAMED DEFENDANT: MICHAEL ADAMS
PUBLIC NOTICE Public Notice of Petition for Change of Name
Public notice is given on November 6, 2018, that a Petition for a Change of Name of an adult has been filed with the Elbert County Court. The Petition requests that the name of Susan Jeanne Wallden be changed to Susan Jeanne Snow-Wallden Case No.: 18C30275 Cheryl A. Layne, Clerk of Court By:Jafeen Jenkins
Public Notice
You are hereby summoned and required to appear and defend against the claims of the complaint filed with the court in this action, by filing with the clerk of this court an answer or other response. You are required to file your answer or other response within 35* days after the service of this summons upon you. Service of this summons shall be complete on the day of the last publication. A copy of the complaint may be obtained from the clerk of the court.
Name Changes
NOTICE TO CREDITORS Estate of JUANITA MAE STRAIGHT, a/k/a Juanita M. Straight, a/k/a Juanita Straight, Deceased Case Number: 18PR30048, Div. 1
Legal Notice No: 24189 First Publication: November 29, 2018 Last Publication: December 6, 2018 Publisher: Elbert County News
All persons having claims against the above named estate are required to present them to the personal representative or to the District Court of Elbert County, Colorado on or before March 23, 2019, or the claims may be forever barred.
Holiday Deadlines Legal Publications! Castle RockforHome & Holiday Show
End Text
Following the hearing, consideration based on this first or second reading will be given to the final passage and adoption of the Ordinance(s). In case of any discrepancy between the summary of the ordinance(s) printed here and the official text of the ordinance(s), the official text shall control.
If you fail to file your answer or other response to the complaint [petition] in writing within 35* days after the date of the last publication, judgment by default may be rendered against you by the court for the relief demanded in the complaint [petition] without further notice.
Su A. Eckhardt, Personal Representative c/o Flanders, Elsberg, Herber & Dunn, LLC 401 Main Street, Suite #1 Longmont, CO 80501
is anvery action: for Judicial Foreclosure Deadline for legal publications surrounding the holidaysThis are tight this year.andBelow are the Legal Notice No.: 24183 Damages. First early Publication: 15, 2018 Dated: September 14,be 2018to email notices deadlines and publication dates. The wisest course of action would soNovember Last Publication: November 29, 2018 Rock, Douglas County Fairgrounds • Tammy 500 Fairgrounds Drive, Castle Publisher: The Elbert County News M. Alcock, Esq. there is be no delay in publication. Attorney for Plaintiff(s)/Petitioner(s)
CO 80104 th Saturday, December 8th13th 10am Regular deadlines for December 6th and papers– 5pm • Sunday, December 9 11am – 4pm
Legal Notice No.: 24199 First Publication: November 29, 2018 Last Publication: November 29, 2018 Publisher: The Elbert County News
(This summons is issued pursuant to Rule 4(g), Colorado Rules of Civil Procedure. This form should not be used where personal service is desired.)
*Rule 12(a), C.R.C.P., allows 35 days for answer or response where service of process is by publication. However,under various statutes, a different response time is set forth; e.g., §38-6104, C.R.S. (eminent domain); §38-36121,C.R.S. (Torrens registration).
Deadlines for legal notices publishing the week of Christmas / New Year’s:
E E R F
& SiOn S i m AD ing Notices ARkbe published Pto
Legal Notice No.: 24184 First Publication: November 15, 2018 Last Publication: December 13, 2018 Publisher: The Elbert County News
December 27, 2018: The deadline is end of day Wednesday December 19, 2018. Papers go to press December 20.
Questions: Contact Sheree Sandell at 303-566-4088 or legals@coloradocommunitymedia.com
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