ORDINANCE NO. 414 

AN ORDINANCE OF THE TOWN OF EADS, COLORADO AMENDING CERTAIN SECTIONS OF THE TOWN OF EADS MUNICIPAL CODE TO REGULATE CAMPING ON PROPERTY OWNED OR MANAGED BY THE TOWN OF EADS

WHEREAS, the Town of Eads encourages the citizens to utilize the parks and open spaces in the Town of Eads; and 

WHEREAS, property owned and maintained by the Town of Eads is intended for the use of all citizens; and 

WHEREAS, the Town of Eads requires individuals wishing to camp on any Town owned or maintained property to first receive the proper authorization. 

NOW, THEREFORE, BE IT ORDAINED BY THE TOWN OF EADS, COLORADO AS FOLLOWS: 

Part 1. The Eads, Colorado Municipal Code is hereby amended by the addition of a section to be numbered Chapter __, Article __, Section ____, which reads as follows:

1. Definitions:

a. "Camp or camping" means:

1.Establishing temporary, part-time, full-time or permanent occupancy in camping unit, an unpermitted structure, or a structure not permitted as a dwelling unit, whether for recreational or other purposes; and the construction, presence, maintenance, or storage of such camping units and structures;

2. Sleeping or making preparations to sleep, including lying down of bedding or making shelter for the purpose of sleeping; or

3. Occupying any structure that is being or may be used for camping and associated activities, including recreational or other vehicles, motor homes, campers, trailers, fences, tents, shacks, sleeping bags, storage containers, sheds, and other structure or outdoor materials or buildings; and storage of camping equipment or supplies.

Part 2. Permit Process

1. Permits. Authorization to camp on any Town owned or maintained property shall be allowed for only two (2) days without a permit. Thereafter, authorization to camp on any Town owned or maintained property shall be allowed by permit only. Permits shall be issued by the Town of Eads clerk. Any person holding a valid, current driver's license may apply for a permit. All permits shall expire after the two (2) days. The fee for a permit shall be fifteen dollars ($15.00). Permit designator shall be present with the holder of the permit during the time of camping. The Eads Boardof Trustees may amend the permit fee from time to time by resolution or ordinance.

2. Permit applications. Each application for a permit to camp shall include:

1. The name and address, including PO Box, of the applicant;
2. Such other information as the Town Clerk or the Eads Board of Trustees may require.
3. The Kiowa County Sheriff’s Office shall conduct an inspection of the permit to assure that the permit is valid up to the current date.

3. Penalty. Any person violating any provision of this ordinance shall be guilty of a misdemeanor and shall be punished by a fine of not more than three hundred dollars ($300.00), and or ninety (90) days in jail or a combination of fine and jail.

4. Revocation or modification of permits. A permit issued under subsection (b) may be revoked or modified at any time by the Town Clerk or Eads Board of Trustees or their designee if there is evidence that the permit holder has violated the ordinance.

5. Appeal. Any person whose permit has been denied or not renewed can appeal. Appeals shall be submitted in writing to the municipal court judge within twenty (20) days of the date of denial or revocation.

Part 3. The Eads, Colorado Municipal Code is hereby amended by the addition of a section to be numbered Chapter __, Article __, Section ____, which reads as follows:

1. Unlawful acts. It is unlawful for any person to camp, as that term is described in Section 1 Subsection (a), on any Town owned or maintained property either more than two (2) days or without receiving written permit authorization from the Town Clerk.

a. Written authorization to camp by the Town Clerk shall not exceed two (2) days; and

b. No person shall receive authorization to utilize any building or structure owned or maintained by the Town of Eads for camping.

c. It is unlawful for any person to camp upon private property without first receiving written authorization for the owner or owner's agent.

Should any part of this Ordinance be declared invalid by a court of competent jurisdiction, the remainder shall remain in full force and effect.

This Ordinance is necessary for the protection of the public health, welfare and safety of the residents of the said Town of Eads, Colorado.

All ordinances, resolutions, bylaws and regulations of the Town in conflict with this Ordinance are hereby repealed to the extent only of such inconsistency. This repealer shall not be construed to revive any ordinance, resolution, bylaw or regulation, or part thereof, heretofore repealed. 

If any section, paragraph, clause or provision of this Ordinance shall be held invalid or unenforceable, the invalidity or unenforceability of such section, paragraph, clause or provision shall not affect any other provision of this Ordinance. 

This Ordinance shall be in full force and effect 30 days after publication, following final passage. This Ordinance shall be recorded in a book kept for that purpose, shall be authenticated by the signatures of the Mayor and the Town Clerk, and shall be published in accordance with law.

INTRODUCED, READ IN FULL, PASSED, AND ORDERED PUBLISHED in on first reading this 10 day of November, 2023

/s/ Joe Sheilds

 MAYOR

ATTEST:

/s/ Robin Fox

TOWN CLERK

INTRODUCED READ IN FULL AND ADOPTED on second reading this­___ day of ____________ 2023 in accordance with the Town Ordinances and Codes and laws of the State of Colorado.

/s/ Joe Sheilds

MAYOR 

ATTEST:

/s/ Robin Fox

TOWN CLERK 

Published October 20, 2023

In the Kiowa County Press