Chapter 11.05
PARKS AND RECREATION REGULATIONS
Sections:
11.05.005 Definitions and purpose.
11.05.010 Authority and enforcement.
11.05.015 Parks and recreation definitions.
11.05.020 Recreation prohibitions.
11.05.025 Interfering with an enforcement official.
11.05.030 Deceiving an enforcement official.
11.05.035 Parking, recreation fees, license or registration.
11.05.040 Property, occupancy and use.
11.05.050 Recreation sanitation.
11.05.060 Colorado River fishing.
11.05.065 Other fishing and water use.
11.05.075 Animals and livestock.
11.05.005 Definitions and purpose.
For the purpose of this chapter:
(a) Granby Trails, Colorado River, Dog Park, Morales Park, Kaibab Park, Raffety Park, Polhamus Park and any other town-owned property designated by the town as a park are hereby known as “town parks.”
(b) It is the purpose of the town trustees in the adoption of these regulations to afford the visitors and residents of the town the fullest possible use of recreational facilities within the town. By the adoption of these regulations, the town trustees intend to protect the conservation areas, facilities, natural resources, trails, existing or future town parks.
(c) Nothing herein is intended to interfere with the activities of parks and recreation maintenance personnel in the performance of their official duties. [Ord. 913 § 1 (Exh. A), 2019].
11.05.010 Authority and enforcement.
(a) The town police department, police officer, or code enforcement officer shall, in connection with their duties imposed by law, diligently enforce the provisions of this chapter.
(b) Public safety officers and authorized personnel performing trail maintenance activities are authorized to use motorized and mechanical equipment, including OHVs, for emergencies and for the maintenance of Granby Trails. [Ord. 913 § 1 (Exh. A), 2019].
11.05.015 Parks and recreation definitions.
“Abandonment” means the voluntary relinquishment of property with no intent to retain possession.
“Area” means any place used for day use, picnicking, outdoor temporary camping, park bench, parking lot, trailhead or resting place.
“Authorized person” means an employee or agent of the town of Granby with delegated authority to enforce the provisions of this chapter.
“Bicycle” means every device propelled solely by human power upon which a person or persons may ride on land, having one, two, or more wheels, except a manual wheelchair.
“Camping” means either:
(1) The temporary use of the town recreation area for the purpose of overnight occupancy without a permanently fixed structure; or
(2) The erecting of a tent or shelter of natural or synthetic material, preparing a sleeping bag or other bedding material for use, parking of a motor vehicle, motor home or trailer, or mooring of a vessel for the apparent purpose of overnight occupancy.
“Camping equipment” means the personal property used in or suitable for camping, and includes any vehicle used for transportation and all equipment in possession of a person camping. Food and beverage are not considered camping equipment.
“Commercial use or activity” means any use or activity within town parks (1) where an entry or participation fee is charged, or (2) where the primary purpose is the sale of a good or service; and, in either case, regardless of whether the use or activity is intended to produce a profit.
“Conservation area” means an area of land that is protected for its natural resources, archaeological, historic, prehistoric, paleontological or wildlife.
“Damaging” means to injure, mutilate, deface, destroy, cut, chop, girdle, dig, excavate, kill or in any way harm or disturb.
“Developed area” means roads, parking areas, picnic areas, campgrounds, or other structures, facilities or lands located within development and historic zones depicted on the town maps.
“Developed recreation site” means an area which has been improved or developed for recreation.
“Distribution of printed material” means disseminating, posting, affixing, or erecting printed material as defined in this section.
“E-bike” or “electric bicycle” is a bicycle with an integrated electric motor which can be used for propulsion.
“Fish” means a limbless, cold-blooded, vertebrate animal with gills and fins and living wholly in water.
“Fishing” means taking or attempting to take fish.
“Golf cart” means a small, motor-, battery-, or electric-powered, three- or four-wheeled vehicle used for transporting persons and their equipment around the town recreation area or town recreation system.
“Hunting” means taking or attempting to take wildlife.
“Motor vehicle” means every vehicle that is self-propelled and every vehicle that is propelled by electric power, but not operated on rails or upon water, except a snowmobile and a motorized wheelchair.
“Nondeveloped area” means all lands and waters within park areas other than developed areas.
“Operator” means a person who operates, drives, controls, otherwise has charge of or is in actual physical control of a mechanical mode of transportation or any other mechanical equipment.
“Permit” or “permission” means authorization in writing by a town manager, police officer, code enforcement officer or other authorized town official.
“Person” means natural person, corporation, company, partnership, trust, firm, or association of persons.
“Pet” means a dog, cat or any animal that has been domesticated.
“Printed material” means any written and/or graphic material including but not limited to pamphlets, brochures, photographs, graphics, signs, and posters.
“Recreation fee” means a standard amenity recreation fee, an expanded amenity recreation fee, parking fee or a special recreation permit.
“Refuse” means trash, garbage, rubbish, waste papers, bottles or cans, debris, litter, oil, solvents, liquid waste, or other discarded materials.
“Services” means, but is not limited to, meals and lodging, labor, professional services, transportation, admission to exhibits, use of telephone or other utilities, or any act for which payment is customarily received.
“Sewage” means human body waste or the waste from a toilet or other receptacle intended to receive or retain body waste.
“Social trail” means an informal, unofficial or nondesignated trail between two locations.
“Special-use authorization” means a permit, term permit, lease or easement which allows occupancy or use rights or privileges of town of Granby land.
“Take” or “taking” means to pursue, hunt, harass, harm, shoot, trap, net, capture, collect, kill, wound, or attempt to do any of the above.
“Traffic” means pedestrians, ridden or herded animals, vehicles, and other conveyances, either singly or together while using any road, trail, street or other thoroughfare for purpose of travel.
“Traffic control device” means a sign, signal, marking or other device placed or erected by, or with the concurrence of, the town of Granby for the purpose of regulating, warning, guiding or otherwise controlling traffic or regulating the parking of vehicles.
“Trail” means a road wholly or partly within or adjacent to and serving the town parks that is necessary for the protection, administration, and utilization of the town recreation area and the use and development of its resources.
“Trap” means a snare, trap, mesh, wire or other implement, object or mechanical device designed to entrap or kill animals other than fish.
“Trapping” means taking or attempting to take wildlife with a trap.
“Vehicle” means any device in, upon, or by which any person or property is or may be transported, including any frame, chassis, or body of any motor vehicle, except devices used exclusively upon stationary rails or tracks.
“Vessel” means every description of watercraft, or other artificial contrivance used, or capable of being used, as a means of transportation on the water.
“Wildlife” means any member of the animal kingdom and includes a part, product, egg or offspring thereof, or the dead body or part thereof, except fish. [Ord. 913 § 1 (Exh. A), 2019].
11.05.020 Recreation prohibitions.
It shall be unlawful for any person to partake in any of the acts described in this chapter. [Ord. 913 § 1 (Exh. A), 2019].
11.05.025 Interfering with an enforcement official.
Threatening, resisting, eluding, intimidating, or interfering with or without intent with any police officer or code enforcement officer engaged in or on account of the performance of his or her official duties in the protection, improvement, enforcement of town codes, criminal and traffic offenses. [Ord. 913 § 1 (Exh. A), 2019].
11.05.030 Deceiving an enforcement official.
Giving any false, fictitious, or fraudulent report or other information to any police officer or code enforcement officer while engaged in or on account of the performance of his or her duties knowing that such report or other information contains false, fictitious or fraudulent statement or entry. [Ord. 913 § 1 (Exh. A), 2019].
11.05.035 Parking, recreation fees, license or registration.
(a) Failing to pay a recreation fee, parking pass or permit, or day use pass or permit.
(b) Parking or leaving a vehicle in violation of posted instructions.
(c) Parking overnight or after 10:00 p.m. or before 6:00 a.m. at Granby Trails: roads, lots or trailheads.
(d) Fishing without a Colorado fishing license, Colorado temporary license or while license privileges have been suspended, per Title 33, C.R.S.
(e) Parking or leaving a vehicle anywhere within Granby Trails other than in the designated parking areas or as permitted on roads. [Ord. 943 § 1, 2020; Ord. 913 § 1 (Exh. A), 2019].
11.05.040 Property, occupancy and use.
(a) Attending, building, constructing, maintaining or using an open fire in town parks.
(b) Camping or pitching a tent in town parks without a permit or permissive use.
(c) Possessing, discharging or igniting a firecracker, rocket or other firework, pyrotechnic device or explosive without permission.
(d) Shooting or discharging by bow-and-arrow, crossbow, BB gun, air compression gun, spring gun or other similar device which propels with force a shot, pellet or other projectile which is capable of taking human life, causing injury to another, or damaging property within the town parks. An individual participating in a permitted recreation program or designated area is exempt from this subsection.
(e) Disregarding or disobeying a posted sign or other instruction, except for violation of subsection (h) of this section.
(f) Entering a body of water or when prohibited.
(g) Digging, excavating, pulling up, spraying, damaging, or destroying any native plant or vegetation.
(h) Entering an area that is posted as a sensitive wildlife refuge, conservation area or any area in which signs indicate entry to the area is not authorized. [Ord. 913 § 1 (Exh. A), 2019].
11.05.045 Roads.
(a) Placing a vehicle or other object in such a manner that it is an impediment or hazard to the safety or convenience of any person. The towing of vehicle or removal of object will be at the owner’s expense.
(b) Blocking, restricting, or otherwise interfering with the use of roads, entrances, gates, or trails.
(c) Failing to stop or redirect any bicycle, e-bike, golf cart, electric, battery, motorized or non-motorized vehicle when directed to do so by a police officer or code enforcement officer.
(d) Operating a motorized or electric golf cart without a valid driver’s license.
(e) Operating any motorized vehicle, including but not limited to an off-highway vehicle (OHV), in parking areas, on roads or trails, on conservation, wildlife or open space areas in or around town parks, except for authorized personnel pursuant to GMC 11.05.010(b). This subsection shall not affect in any manner the rights and responsibilities contained in Chapter 10.21 GMC. To the extent Chapter 10.21 GMC and this subsection conflict, Chapter 10.21 GMC is controlling. [Ord. 943 § 2, 2020; Ord. 913 § 1 (Exh. A), 2019].
11.05.050 Recreation sanitation.
(a) Depositing in any toilet, toilet vault, or plumbing fixture any substance that could damage or interfere with the operation or maintenance of the fixture.
(b) Processing or hanging game in town parks.
(c) Bathing oneself or other persons in any body of water.
(d) Washing or cleaning camping gear or household items in a body of water.
(e) Not disposing of fish entrails or fish parts in a garbage receptacle or failing to use a designated fish cleaning station.
(f) Placing refuse, debris, trash, junk or litter in or near a river, pond, or other body of water, any substance which does or may pollute a stream, lake, pond or other body of water. [Ord. 913 § 1 (Exh. A), 2019].
11.05.055 Wildlife.
(a) For a person to knowingly or negligently allow or direct a dog which an individual owns or which is under the individual’s control to harass wildlife, whether or not the wildlife is actually injured by such dog, per Title 33, C.R.S.
(b) For a person to willfully damage or destroy any wildlife, wildlife den, nest or eggs per Title 33, C.R.S.
(c) Hunting or trapping within town parks.
(d) For a person to harass wildlife, which includes but is not limited to chasing, herding, riding, stalking, or approaching wildlife within less than 100 feet.
(e) For a person to approach wildlife within 100 feet in order to take selfies or photographs of the wildlife.
(f) For a person to fly drones or any unmanned aircraft within 100 feet of wildlife.
(g) Feeding wildlife or waterfowl within the town parks. [Ord. 913 § 1 (Exh. A), 2019].
11.05.060 Colorado River fishing.
This section is only used on the town of Granby owned section of the Colorado River.
(a) Fishing on a beat of the Colorado River different than permitted.
(b) Fishing with live bait, worms, or other scents on the Colorado River.
(c) Fishing before or after times permitted on the Colorado River.
(d) Fishing on the Colorado River without a permit issued by the town of Granby.
(e) Failing to catch and release fish, or keeping fish on a stringer when fishing on the Colorado River.
(f) Selling or possessing a fishing permit belonging to another person.
(g) Possessing over the legal bag limit of a fish species.
(h) Fishing for profit or using a fishing guide or outfitter on the Colorado River.
(i) Copying, displaying, or fraudulently reproducing a town of Granby Colorado River fishing permit. [Ord. 913 § 1 (Exh. A), 2019].
11.05.065 Other fishing and water use.
(a) Fishing in a no-fishing body of water.
(b) Disregarding other water use posted signs.
(c) To fish in any designated swimming area.
(d) Fishing in an illegal manner or violating any provisions of Title 33, C.R.S.
(e) Illegally taking or possessing any fish, or taking more than the legal limit per Title 33, C.R.S.
(f) To intentionally interfere with fishing activities per Title 33, C.R.S.
(g) To fish with more than one rod and line without an additional rod stamp as required or to fish with more than two rods per Title 33, C.R.S.
(h) To have in possession a fish that did not meet the length requirement as determined by Title 33, C.R.S.
(i) To fish with an unattended rod(s) per Title 33, C.R.S.
(j) To engage in spearfishing, archery, or gigging for species other than carp or suckers except in accordance with Title 33, C.R.S.
(k) Any person on a stand-up paddleboard shall have readily accessible a personal flotation device and children under the age of 13 are required to wear a personal flotation device that is of a type approved by the United States Coast Guard per Title 33, C.R.S. [Ord. 913 § 1 (Exh. A), 2019].
11.05.070 Trails.
(a) Failing to yield to other persons or users while operating a bicycle.
(b) To shortcut a switchback on a trail or to ride off trail.
(c) Using a trail for other than the designated use of traffic.
(d) Driving any gas or electric motorized vehicle on a trail designated for bicycling, hiking, or horseback riding.
(e) Operating a bicycle carelessly, recklessly or without regard for the safety of any person, or in a manner that endangers or is likely to endanger any person or property.
(f) Operating a bicycle, electric or motorized golf cart, e-bike, horseback riding, or hiking in a manner which damages the land, wildlife, or vegetative or natural resource.
(g) To ride off or construct a trail with the intent to make a trail other than the one designed (social trails).
(h) Operating an electric or motorized golf cart or e-bike carelessly, recklessly or without regard for the safety of any person, or in a manner that endangers or is likely to endanger any person or property. [Ord. 913 § 1 (Exh. A), 2019].
11.05.075 Animals and livestock.
(a) Permitting a dog or pet to swim in a body of water other than at the Dog Park.
(b) Failing to leash a dog or pet within Granby Trails, other than when a dog is within the Dog Park.
(c) Permitting a dog or pet to be on designated bike and horse trails or on a trail that does not allow dogs or pets.
(d) Riding a horse except on designated bridle trails. Horses shall be thoroughly broken, properly restrained, and ridden with due care, and should not be allowed to graze or go unattended.
(e) Riding, hitching, tethering or hobbling, or leading a horse in violation of posted instructions. [Ord. 913 § 1 (Exh. A), 2019].
11.05.080 Miscellaneous prohibitions.
(a) Using any device for the purpose of locating or removing any metallic objects or any other objects of value from Granby Parks without first obtaining permission.
(b) Launching, landing, or touching down a hot air balloon within town parks without permission. [Ord. 913 § 1 (Exh. A), 2019].
11.05.085 Town parks.
(a) Keeping more than the bag limit of two fish of any species at Kaibab Park.
(b) Fishing when older than 15 years old at Kaibab Fishing Park.
(c) Disregarding or disobeying any posted signs that pertain to Kaibab Park.
(d) Disregarding posted park or skate park rules and regulations at Polhamus Park.
(e) Disregarding posted tennis court rules and regulations at Raffety Park.
(f) Disregarding posted Soccer Dome rules and regulations.
(g) Disregarding or disobeying any posted signs at town parks. [Ord. 913 § 1 (Exh. A), 2019].
11.05.090 Penalties.
Any person found in violation of this chapter shall be subject to (a) a violation notice, penalty assessment as set forth in GMC 1.05.090(c), and a processing fee, or (b) issuance of a summons and complaint, surcharge, and municipal court fee, not exceeding the maximum penalty set forth in GMC 1.05.090(a). Any person causing damage to town parks, property or trails may be subject to a damage assessment and restitution. [Ord. 913 § 1 (Exh. A), 2019].
11.05.095 Penalty by mail.
If the owner or defendant lives out of state or out of county, and a violation notice cannot be issued in person, after due diligence of locating the individual, a violation notice may be mailed to the last known address by regular mail or certified mail. [Ord. 913 § 1 (Exh. A), 2019].