Town of Sedgwick Meeting Agenda  Monday, Febuary 13, 2023, 6:00PM  Public Comments Information  Ifyou wish to address thel Board ofTrustees, there is a' "Comment from thel Public" scheduled time. limited to three (3) minutes and can only speak once on any motion or agenda item. Monthly staff reports to the board are not open for comments.  Comments on Agenda items will be allowed following the presentation or Board deliberation. Your comments will be  . Call to Order II. Pledge Allegiance II. Approve Agenda IV. Approve of Minutes from last Meeting(s) V. Approve of] Bills VI. Comments from the public VII. Monthly Reports  Residence interested in being a Town Trustee will have 31 Mins.  Mayor Maintenance Clerk'sOffice Board ofTrustees  Purchase a Snow Bucket from. John Deer  O Sewer Project Update and Closing on Land Scheduled  VIII. New Business  Appoint New Town' Trustee During Comments) from the Public Jamie- - PCTelcom on Underground Fiber Lines in Town  Rhonda Graham Updates Ordinance 01-2023 - Adoption ofthe Code Book with changes.  IX. Old Business  X. Executive Session (Ifneeded) XI. CalltoA Adjourn  *Posted on this 10th day of] February 2023 @ 3:30pm by Kim Quayle    Individuals with disabilities needing auxiliary aid(s) may request assistance by contacting Heather Moore, Town Clerk, 291 Main Ave, Sedgwick, CO 80749, Phone (970) 463-8814, or FAX (970) 463-5537. Atl least a 48 hour advance notice prior tot the scheduled meeting would be appreciated: so  that arrangements can be made tol locate the requested auxiliary aid(s).    Un-Official  January 9th, 2023  Town of Sedgwick Record ofl Proceedings January 9th, 2023  Members Present: Peggy Owens, Roger Munson, Traci Sanchez (Colbeck), Darrin' Tobin, Dale Jones.  Employees Present: Heather. Moore & Kim Quayle  Call to Order: The' Town Board met ini regular session. A quorum was verified, and the meeting was called to order  at 6:00 pm by Mayor Danny Smith Roll Call Mayor Danny Smith Here  Jeanie Tarver Resigned Peggy Owens Here DaleJones  Traci Sanchez Here Roger Munson Here Darrin Tobin Here/Late Arrival  Here  Approval of Agenda Motion: Approval of Agenda Approval of Minutes  Dale. Jones made ai motion to approve the agenda; Peggy Owens seconded, all in favor; none opposed, motion carried.  One correction was: made. Motion: Approve the minutes motion carried.  Traci Colbeck: made ai motion to approve of thei minutes as corrected, Roger Munson seconded, all in favor; none opposed,  Bills (Published in Julesburg Advocate)  Additional checks added since Friday, you have ai new. list to: review. With thei meeting being sO early in the month, we: may need to cut additional checks.  Motion: Bills Roll Call Vote  Dale. Jones made ai motion toj pay the bills, Traci Sanchez seconded. (Roll Call: All Voted: for, None. Against) motion carried.  Public Comments - reminded they will have 3mins.  Susan Wolfe  - Commending the great job that Richard and] Danny did on snow removal. Thel board members added that it took so: many: people tol help:  Thank you to Thomas. Inouye, Mitch McClary and Larry Frame for all the help  moving snow as well.  Rhonda Graham -update  County is in contract with purchasing the old high school, and will begin thej planning oft the A1 new. Rural. Action Project with the hospital." To seel how we can make our hospital better and  community center portion. And SCORE: is taking over thej planning.  find a way to open upt to more grants.  Page 1 of4    Un-Official  January 9th, 2023  Mayors Report  Just thank you again to everyone that helped with snow removal.  PCTelcom wants toj put fiber optics underground: here in Sedgwick. Little concerned with them putting the lines underground while we are about tol have a sewer project and next our water lines.  Board would like to avoid the underground. lines but they could do overhead.  Maintenance-  Thank you to all that helped with the snow removal.  We did have a water line break at the Centennial Park during our -54-degree wind chill temperatures, this will Will continue widening thei road ways, at this time they arej just wide enough to allow emergency vehicles by.  need tol bei repaired come this spring. We didi isolate the break for now. We need: new flags ordered the wind this year has really tore them up.  Clerk's Office  Started archiving 2022.  We don't currently have Martin Luther King) Day on the Resolution stating observed' Town Holidays sol Iv will  be: fixing that. Idon'thave. Juneteenth either.  ) Board decided not to observe. Juneteenth at this time.  Board ofTrustees TraciSanchez DaleJones  ) Ihave started receiving calls for donations towards Harvest Festival. So getting started early this  year.  Ididi receive calls complementing on the efforts of Snow removal  Wei need to get this codification done. The Committee has worked hard, but it's time to  wrapi it up.  New Business  Resignation Letter from Jeanie Tarver  Letter was read by Danny Smith  Motion: Motion:  Dale Jones made ar motion to deny the: resignation of] Jeanie Tarver; Roger Munson seconded, twoi ini favor; two opposed,  (Danny Smith as mayor voted against the motion tol break the tie) motion did not pass.  Traci Sanchezi made ai motion to approve the approve thet resignation of Jeanie Tarver; Peggy Owens seconded, two in favor;  two opposed, (Danny Smith as mayor voted for the motion to break the tie) motion passed.  The' Town Clerk was directed to follow protocol to invite thei residence to the next: meeting ifthey Danny Smith mentioned since. Jeanie Tarver was our. Mayor Pro-Tem, we need toj pick another one  would like to be considered for the appointment.  toi replace that position. Dale Jones Volunteered  All Board Members said they agree to appointing Dale. Jones as Mayor Pro-Tem  Page 2of4    Un-Official  January 9th, 2023  Renew Retail Marijuana License for Peak Dispensary  No complaints ori issues reported customer theft. This is currently active.  Store owner did Self-Report as small incident that happed yesterday involving police fora  Motion:  Traci Colbeck made a1 motion to approve thel Renewal of thel Retail Marijuana Store License for Peak Dispensary; Peggy  Owens seconded, alli in favor; none opposed, motion carried.  Renew Retail Marijuana License for High Plainz Strains  Motion:  Traci Colbeck made ai motion to approve thel Renewal oft the Retail Marijuana Store License for High Plainz Strains; Dale  Jones seconded, all in: favor; none opposed, motion carried.  Resolution 23-1 - Observed Holidays and Regular Meetings for 2023  Adding Martin Luther King Day  Motion:  Dale Jones made a motion to approve the Resolution 23-1 with addition ofN Martin Luther King Day; Traci Sanchez seconded,  alli in favor; none opposed, motion carried,  Baby Bear Hugs - Wish Upon A Star fundraiser  Request was toi match our last donation of $100  Motion: carried.  Traci Colbeck: made a motion to donate $100 tol Baby Bear Hugs; Peggy Owens seconded, all in favor; none opposed, motion  Sedgwick County - 4H award donation request  The board asked what was donated to them last year, it was $500.  Motion:  Traci Colbeck made a motion to donate $500 to Sedgwick Counties 4H award program; Roger Munson seconded, all: in  favor; none opposed, motion carried.  Old Business  Code Book Continues.  Code Committee Members once again say they are ready to set a special time to go over AWork Session date was set with the Committee, Board Members and Town Attorney for We. should have the new Ordinance ready to. have a Public Hearing at our  everything with the board. Thursday January 26th at 5:30pm. February regular meeting.  Page 3 of4    Un-Official  January 9th, 2023  Meeting Adjourned: Motion:  At6:59pm,Traci Colbeck made ai motion to adjourn, Peggy Owens seconded, all were in favor, motion carried.  Mayor  Attest: Town Clerk  SEAL  Page 4 of 4    10:56 AM 02/10/23 Accrual Basis  Town of Sedgwick Trial Balance As of January 31, 2023  Jan31,23 Debit Credit 195.09 280,593.35 549.29 26,782.84 7,900.01 118,029.82 39,003.74 712,081.91 1,018,293.63 692,888.94 1,029,438.77 238.20 3,925,995.59  1021 Cash onl Hand 1022. Points West Bank Checking 1022. Points' West Bank Checking:1022.1- Harvest Festival 1029. Savings:1030 Points West:1031 9240 1029. Savings:1034- Cash in Savings Lottery 1029. Savings:1040 * Points' West Bank:1043. Water Surcharge Account 1029. Savings:1050 Equitable Savings:1051 0 05-4505160 1070. COLOTRUST:1074- Sewer CIP 1070. COLOTRUST:1071 Water Plus 1070. COLOTRUST:1072- General Plus 1070. COLOTRUST:1073- CIP Plus 1081 Cash County" Treasurer  TOTAL  0.00  Page 1    10:55 AM 02/10/23 Accrual Basis  Town of Sedgwick Profit & Loss January 2023  Jan 23  Ordinary Income/Expense Income 4122. Current Propertyraxes 4142- Specific Ownership Taxes 4152. Interest on Taxes 4172. Sales Tax 4212. Cigarette Tax 4222-F Roada and Bridge 4232. Motor Vehicle 4242  Mineral leasing 4300. Utilities Clearing 4323. Water Sales 4333. Sewer Sales 4386. Trash Collections 4392. Other Income 4392.1 Occupation Tax 4392.2. Excise Tax 4392.3. State of Colorado 4392.4. Lodging Tax Total 4392- Other Income 4412. Highway Use Tax 4422. License Fees 4802- Interest Income 4803. Interest Income Total Income Expense 6002. County Treasurer's Fees 6032- Office Expense- GG 6042- Professional Services GG 6052. Insurance andl Bonds GG 6072- Telephone- C GG 6092. Miscellaneous- GG 692.2. Charitable Contributions 6092. Miscellaneous GG- Other Total 6092- Miscellaneous GG 6102. Utilities- -TH-GG 6140. Contributions 6142. Street Lighting 6262. Harvest Festival 6462. Supplies and Maintenance Park 7063. Supplies & Maintenance Water 7073. Utilities Water 7093. Miscellaneous Water 7173. Utilities Sewer 7346- Landfill Trash 7703- Capital Outlay 7800. Salaries Clearing 7809. Salary-Richard MI Kehm 7815. Salary-Heather Moore 7820. - Salary- Kim E Quayle 7822- William Townsend Total 7800-  Salaries Clearing 7990. Supplies and Maint. Clearing 7994. Utilities - Clearing 7995. Payrol! Taxes- Clearing Totall Expense Net Ordinary Income Net Income  0.00 183.13 0.00 20,238.40 14.71 0.00 77.50 0.00 468.82 5,143.52 2,892.95 2,416.00 60,517.21 836.27 19,112.75 124.00 80,590.23 1,070.90 710.00 2,423.61 10,360.23 126,590.00 0.00 520.59 2,550.00 986.60 224.76 500.00 -375.35 124.65 278.88 100.00 247.88 0.00 80.00 762.32 389.65 84.12 56.35 172.08 73.00 3,977.72 2,287.57 1,631.85 135.80 8,032.94 2,277.97 76.10 1,968.61 19,006.50 107,583.50 107,583.50  Page 1    10:57AM 02/10/23 Num 12773 Baby! Bear Hugs TOTAL TOTAL 12775 Sedgwick County TOTAL TOTAL TOTAL 12778 Colorado State Treasurer TOTAL 12779 Richard M. Kehm  Town of Sedgwick Check Detail January 10 through February 13, 2023 Memo  Name  Account 1022. Points West Bank Ch... 6140. Contributions 1022. Points West Bank Ch... 692.2. Charitable Contributio... 1022. Points West Bank Ch... 7703. Capital Outlay 1022. Points West Bank Ch... 7703. Capital Outlay 1022. Points West Bank Ch.. 7995. Payroll Taxes- Clearing 1022. Points West Bank Ch... 7995. Payroll Taxes- Clearing 1022. Points West Bank Ch... 7809. Salary-Richard MK Kehm 7995. Payroll Taxes Clearing 7995. Payroll Taxes- Clearing 7995. Payroll Taxes Clearing 7995. Payroll Taxes Clearing 1022 Points West Bank Ch... 7815. Salary-Heather Moore 7995 Payroll Taxes Clearing 7995 Payroll Taxes- Clearing 7995. Payroll Taxes -Clearing 7995. Payroll Taxes- Clearing 1022. Points West Bank Ch... 7820. Salary- Kim E Quayle 7995. Payroll" Taxes- Clearing 7995. Payroll Taxes -Clearing 7995. Payroll Taxes Clearing 7995. Payroll Taxes- Clearing 1022. Points West Bank Ch... 7822. William Townsend 7995. Payroll Taxes- Clearing 7995. Payroll Taxes Clearing  Paid Amount  Donation 2019 Donation tot the Baby Bearh Hugs program Sedgwick County 4H Awards FairA Awards Subdivision! Exemption Sewerl Land Subdivision! Exemption Sewer Land Dubdivision! Exemption  -100.00 -100.00 -500.00 -500.00 -50.00 -50.00 -23.00 -23.00 -821.00 -821.00 -56.78 -56.78 -3,977.72 -3,202.42 -2,328.99 -2,007.82 -1,241.85 -1,037.85 -183.33 -169.30 Page1  12774 Sedgwick County Treasurer Attn: Extention Office, Suite 100  12776 Sedgwick County Clerk Subdivision Exemption 12777 Colorado Dep ofF Revenue W2 wage withholdings  4rd Quarter  4rd Qtrp payroll Payroll Payroll Social Security Medicare Federal Colorado W/H Payroll Payroll Social Security Medicare Federal Colorado Paryroll Payroll Social Security Medicare Federal Colorado Payroll GrossF Paryroil Social Security Medicaid  TOTAL 12780 Heather M. Moore  TOTAL 12781 Kim E. Quayle  TOTAL 12782 William Townsend  TOTAL    10:57A AM 02/10/23 Num  Town of Sedgwick Check Detail January 101 through February 13, 2023 Memo  Name  Account 1022. Points West Bank Ch... 6032 Office Expense- GG 6032. Office Expense GG 6032 Office Expense GG 1022. Points West Bank Ch... 7063. Supplies & Maintenan... 7093. Miscellaneous- Water 1022. Points West Bank Ch... 6052. Insurance andE Bonds- -. 1022. Points West Bank Ch... 6072 Telephone-GG 1022. Points West Bank Ch.. 7063. Supplies & Mantenan... 7063. Supplies &N Maintenan... 1022. Points West Bank Ch... 7073. Utilities- Water 7994. Utilities- Clearing 6102. Utilities- TH-GG 6102. Utilities- TH-GG 7073. Utilities- Water 6142 Streetl Lighting 7173. Utillties Sewer 6102. Utilities-T TH-GG 6102. Utilties -TH-GG 1022. Points West Bank Ch... 7990. Supplies and! Maint.- : 7990- Supplies andN Maint.- - 1022. Points West Bank Ch... 6032. Office Expense-GG 1022. Points West Bank Ch... 6062- Supplies and! Mainten... 1022. Points West Bank Ch... 6042- Professional Services. : 7163. Supplies and Mainten..  PaidA Amount  12783 Points West Cardmember...  Postage and Office supplles Late Fee Interest  -435.80 -39.00 -5.79 -480.59 -400.00 -84.12 -484.12 -986.60 -986.60 -224.76 -224.76 -273.20 -69.12 -342.32 -256.60 -122.55 -135.12 -134.24 -168.79 -266.56 -57.82 -32.50 -46.05 -1,220.23 -88.16 -88.16 -176.32 -40.00 -40.00 -33.43 -33.43 -1,271.00 -594.50 -1,865.50 Page2  TOTAL  12784 AC-DC Water Works LLC ORC Services  ORC Monthly Contract Services Meetingy with GMS onv Waste Water Project Empioyee Health Insurance Phone andF Fax line Phonel lines and Faxl line N544166 Rebuild! kitsp parts. Rebulld kits parts. Water Pump- 66552 New Shop- -8280879 New" Town- 822186 Museum 8426371 Pumpf #2-40915 Street! Lights -41680 Sewer- 62657 Rodeo Grounds Community Center  TOTAL 12785 CEBT TOTAL 12786 Centurylink TOTAL 12787 Core &N Main TOTAL  12788 Highline Electric Ass'n  TOTAL  12789 IDEAL Linens & Uniform  Community Center Rugs, Mop and push broom Community Center Rugs, Mop and push! broom  TOTAL 12790 Journal Office TOTAL TOTAL 12792 Kelly,P.C. TOTAL  Copy machine fees  12791 Julesburg Family Market Account# 8814  IceN Melt andH Hardware Legal Fees- Regular  Legal Fees for Sewer Land Purchase Contract Review    10:57A AM 02/10/23 Num  Town of Sedgwick Check Detail January 10 through February 13, 2023 Memo  Name  Account 1022 Points West Bank Ch... 6042- Professional Services. : 6042- Professional Services. : 1022. Points West Bank Ch.. 6462 Supplies andN Mainten... 1022. Points West Bank Ch... 7063. Supplies & Maintenan... 7063. Supplles &I Maintenan... 1022. Points West Bank Ch.. 6032. Office Expense-GG 1022. Points West Bank Ch.. 7990. Supplies and Maint.- : 1022. Points West Bank Ch... 7346. Landfill- -Trash 1022. Points West Bank Ch... 6042. Professional Services. :  Paid Amount -1,850.00 -700.00 -2,550.00 -80.00 -80.00 -20.00 -29.50 -49.50 -18.33 -18.33 -20.87 -20.87 -172.08 -172.08 -258.00 -258.00  12793 Liittjohann Kauffman &P...  2023 Budget 4th qtr payrollt taxes, W2s and1 1099s  TOTAL TOTAL  12794 Marick's Wastel Disposal  Potty Cleaning  12795 Northeast colorado health... Bacterla Test  WaterE Bacteria" Test Nitrates Testing  TOTAL 12796 Prairie Mountain Media TOTAL 12797 S&W Auto Supply TOTAL TOTAL 12799 Spencer Fane TOTAL  AdvertismentPostings  Oil,f filters ford oild change andi tune up.  12798 Sedgwick County Sales Landfill Fees  Landfill Fees  Tabor/Sewer Bond Attorney Fees  Page3    CLOSE PAYROLL PERIOD  This PRELIMINARY Payroll Report has not) been saved yet! Save ther reportt to: append or close the payroll period.  Sunday Jan, 01 2023- -7 Tuesday Jan, 31 2023  Empioyees Processed: Standard Hours:- Overtime 1.5x Hours: Overtime 2.0x Hours: PTOH Hours: Vacationk Hours: Sick Hours: Holidayl Hours: Other1 Hours: Other2 Hours: Unpayable/Salaried Hours: Employee Kehm, Richard Moore, Heather Quayle, Kim Townsend, William  4 Total Fixed Pay: 215.68 Total Variable Pay: 0.00 Total Payroil: 0.00 0,00 Total ofA AIl Hours: 0.00 Total Hours Deducted: 0.00 Total Payablel Hours: 15.00 0.00 Roundingi intervalA Applied: 0.00 Total Records Processed: 133.79 Records Crossing! Dateline: Records Qualifiedf fors Shift Differential: Records Exceeding Hours Threshoid:  $7,731.89 $0.00 $7,731.89 364.47 0.00 364.47 57  Total 133.79 134.39 82.79 13.50  Hours) Deduct 1.0x 1.5xi 2.0xi SIC VACI HOLUNP/SAL Signed Aprvd Fixed Pay  133.79 N/A NO $3,977.72 N/A NO $2,328.99 NO NO $1,241.85 NO NO $183.33  119.39 82.79 13.50  15.00    ORDINANCE NO.  AN ORDINANCE OF THE TOWN OF SEDGWICK ADOPTING AND ENACTING A WHEREAS, Town staff and American Legal Publishing Corporation have prepared a new WHEREAS, the Board ofTrustees desires to adopt the new code ofordinances; and WHEREAS, the Board of Trustees after proper notice has held a public hearing on this ordinance providing for the adoption oft thei new' Town of Sedgwick Code ofOrdinances. NOW THEREFORE BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE Section 1. The code entitled the Town of Sedgwick, Colorado Code of Ordinances, published by American Legal Publishing Corporation, consisting of Titles It through XV, and the tables and indices thereto, each inclusive (the "Code"), is hereby adopted, subject to the changes and modifications set forth on Exhibit A, attached hereto and incorporated herein by reference, which Section 2. All ordinances of a general and permanent nature enacted on or before the adoption date of this Ordinance, which are inconsistent with the provisions of the Town of Sedgwick, Colorado Code of Ordinances, to the extent of such inconsistency, are hereby Section 3. The repeal established in Section 2 of this Ordinance shall not be construed to revive any ordinance or part thereof that had been previously repealed by any ordinance which Section 4. The following secondary codes are previously adopted by reference and incorporated in the Town of Sedgwick, Colorado Code of Ordinances. One (1) copy is on file in  NEW CODE OF ORDINANCES FOR THE TOWN OF SEDGWICK codification ofthe general and permanent ordinances oft the Town of Sedgwick; and  TOWN OF SEDGWICK, COLORADO:  the codifier is hereby directed to make.  repealed.  is repealed by this Ordinance. the Town Clerk'soffice:  (1) The. Model Traffic Code for Colorado, 2010 edition, promulgated and published as such by the Colorado Department ofTransportation, as adopted and amended in Chapter (2) The Official Zoning Ordinance of the Town of Sedgwick, promulgated and published as such by the Town of Sedgwick, as adopted in Chapter 153 ofthe Code. Section 5. The penalties provided by the Town of Sedgwick, Colorado Code of Ordinances  70 ofthe Code.  arel hereby adopted as follows:  $ 11.02 GENERAL PENALTY FOR VIOLATION.  1    (A) Unless otherwise provided in this code or by ordinance, whenever in this code or any other ordinance, resolution or rule of the Town, the doing of any act is required, prohibited or declared to be unlawful or an offense or a misdemeanor, and no definite fine or specific penalty is provided for a violation thereof, any person who shall be convicted of or plead guilty or no contest to a violation of any such provision of this code or other ordinance, resolution or rule of the Town, whether now in existence or hereinafter enacted, shall be punished by a fine of not more than $2,650, as shall be adjusted for inflation annually in accordance with C.R.S. $ 13-10-113 or by imprisonment not exceeding 364 days or by both such fine and imprisonment, exçept as hereinafter provided in S 11.04. In addition, such person shall pay all costs and expenses in the case, including attorney fees. Every day such violation continues shall constitute a separate (B) Whenever in this code or any ordinance of the Town a minimum but not a maximum fine or penalty is imposed, the court may, in its discretion, fine the offender any sum exceeding the minimum fine or penalty sO imposed, but not (C) The suspension or revocation of any license, permit or other privilege conferred by the Town shall not be regarded as a penalty for the purposes of this (D) All penalties in codes adopted by reference in this code are hereby  offense.  exceeding the maximum fine set forth in division (A) above.  code.  superseded by this section.  $11.03 APPLICATION OF PENALTIES TOJUVENILES  Every person who, at the time of commission of the offense, was at least ten but not yet 18 years of age, and who is subsequently convicted of or pleads guilty or nolo contendere to a violation of any provision of this code, shall be punished by a fine ofnot more than the maximum fine set forth in S 11.02 above per violation or count. Any voluntary plea of guilty or nolo contendere to the original charge or to a lesser or substituted charge shall subject the person sO pleading to all fines and/or penalties applicable to the original charge. Nothing in this section shall be construed to prohibit incarceration in an appropriate facility, at the time of charging, of a juvenile violating any section oft this code.  $31.99 PENALTY. forth in $ 11.02 ofthis Code.  (A). Any person convicted of violating this Chapter may be punished as set (B)(1) If a majority of the Board of Trustees determines that an elected official has violated 8S 31.75 through 31.80, the Board of Trustees may impose one or more of the following sanctions after giving the elected official an opportunity to address the Board of Trustees in a public meeting: (a) Issue a verbal or written public warning; (b) Issue a verbal or written public reprimand or censure; or (c) Require the elected official to attend remedial education or training  2    given by an organization such as CIRSA or the Colorado Municipal League (2) Repeated or egregious violations of SS 31.76 through 31.80 may constitute grounds for removal of an elected official in which case the statutory process for removal as set forth in C.R.S. $ 31-4-307, as amended from time to  regarding the issues that gave: rise to the violation.  time, shall apply. $ 70.99 PENALTY. defined otherwise.  (A) (1) Any person who violates any of the provisions of 88 70.01 and 70.02 or the Town's Traffic Code commits a traffic infraction unless expressly (2) Except as set forth in division (B)(4) below, violations of the Town's Traffic Code are hereby deemed non-criminal traffic infractions. Traffic infractions are divided into two classes which shall be subject to the following penalties which are authorized upon entry ofjudgment against the defendant.  Class A B  Minimum Penalty $15 penalty $15 penalty  Maximum Penalty $100 penalty $100 penalty  (3) For any violation of the Town's Traffic Code as adopted that is a traffiç infraction, no trial by jury shall be available, no arrest warrant shall issue for failure to appear or to pay, no privilege of self incrimination shall apply, the standard of proofshall be aj preponderance of the evidence, and the conduct ofall proceedings applicable to such a violation shall otherwise be in conformity with those generally applicable to civil matters. For any violation which is a traffic infraction, the court may enter a judgment of liability by default against the defendant for failure to appear or to pay, and may assess such penalties, together (4). Any violation of the Town's Traffic Code declared by such Code or by 88 70.01 and 70.02 to be a misdemeanor shall be a misdemeanor traffic offense. Misdemeanor traffic offenses are divided into two classes that are distinguished from one another by the following penalties that are authorized upon conviction.  with such court costs and surcharges, as are established by law.  Class A B  Minimum Penalty $300 fine, or both $150 fine, or both  Maximum Penalty $1,000 fine, or both $500 fine, or both  Ten days imprisonment or 364 days imprisonment, or Ten days imprisonment or 90 days imprisonment, or  (5) Any person convicted of a class 1 or class 2 misdemeanor traffic offense may be required to pay court costs and surcharges as established by law, restitution as required by C.R.S. Title 16, Article 18.5, and may be sentenced to  3    perform a certain number of hours of community service or useful public service (6) Any traffic infraction or misdemeanor traffic offense defined by law outside of the Model Traffic Code shall be punishable as provided in the statute (7) The penalty assessment procedure in C.R.S. $ 16-2-201 shall be followed by the arresting officer for violations ofthe Town'sl Traffic Code, except that references to "county" shall be replaced with the term "municipal" and except (a) When a penalty assessment notice is left on an unattended vehicle, it shall be a rebuttable presumption that the registered owner of such vehicle was (b) Tender by an arresting officer of the summons. or penalty assessment notice shall constitute notice to the violator to appear in court at the time specified on such summons or to pay the required fine and surcharge thereon by the due (8) The Town's Traffic Code adopts as the assessed points reported to the State's Department of Revenue, either by the County Sheriff's Office or by the Clerk of the Court, the point system set forth in C.R.S. S 42-2-127(5), as that section may be amended at the time of the issuance of the penalty assessment, adopted by reference, insomuch as those points correspond to the sections oft the Town's Traffic Code, for all offenses where the defendant acknowledges guilt or liability, is found guilty by a court of competent jurisdiction, or has a judgment (a) In accordance with the provisions of C.R.S. $ 42-2-127(5.5), ifaj person receives a penalty assessment notice for a violation of the Town's Traffic Code, and such person acknowledges guilt by paying the fine and surcharge on the notice before the due date on the notice, the points assessed against the person's Colorado driver's license and/or Colorado driving privilege will be reduced. 1. For violations having an assessment of three points or more, the points assessed shall be reduced by two points. 2. For violations having an assessment of two (b) The judge shall have no authority to assess any points under C.R.S. $ 42-  in addition to any other sentence.  defining it or as otherwise provided by law.  as otherwise expressly defined in this division (B)(7).  the driver/offender.  date listed.  entered against him or her.  points, the points assessed shall be reduced by one point. 2-127 upon entry ofjudgment for any Class B traffic infraction  $110.99 PENALTY.  (A)(1) It shall be unlawful for any person to intentionally, knowingly, or recklessly fail to pay the tax imposed by this Chapter, or to make any false or fraudulent return, or for any person to otherwise violate any provisions of this Chapter. Any person convicted of violating this Chapter may be punished as set (2) A penalty in the amount of 10% of the tax due or the sum of $10, whichever is greater, shall be imposed upon the vendor and become due in the event the tax is not remitted by the tenth day of the month as required by 88  forth in S 11.02 oft this Code.  4    110.20 to 110.34, or such other date as prescribed in writing by the Town Clerk, and 1.5% interest shall accrue each month on the unpaid balance. The' Town Clerk is hereby authorized to waive for good cause shown, any penalty assessed. (3)Ifany part ofa deficiency is due to negligence ori intentional disregard of the provisions of $8 110.20 to 110.34 or rules and regulations concerning the same, but without intent to defraud, then there shall be added 10% of the total amount of the deficiency. If any part of the deficiency is due to fraud with the intent to evade the tax, then there shall be added 50% of total amount of the deficiency. The penalty under this division (C)(3) shall be in addition to the penalty under division (C)(2) above, and in all cases, the whole amount of the unpaid tax, together with all penalties and interest, shall become due and payable (4) If any vendor fails to make a return and pay the tax imposed by SS 110.20 to 110.34, the Town may make an estimate, based upon available information of the amount of tax due and add the penalties and interest provided above. The Town shall mail notice of such estimate, by certified mail, to the vendor at his or her address as indicated in the Town records. Such estimate shall thereupon become an assessment, and such assessment shall be final and due and payable from the taxpayer to the Town Clerk ten days from the date of seryice of the notice or the date ofi mailing by certified mail; provided, however, that within the ten-day period such delinquent taxpayer may petition the Town Clerk for a modification of such assessment and shall, within such ten-day period, furnish the Town Clerk the documents, facts, and figures showing the correct amount of the (5) Such petition shall be in writing and the facts and figures submitted shall be submitted either in writing or orally and shall be given by the taxpayer under penalty or perjury. Thereupon, the Town Clerk may modify such assessment in accordance with the facts submitted in order to effectuate the provisions of 88 110.20 to 110.34. Such assessment shall be considered the final order of the Town Clerk, and may be reviewed under the Rule 106(a)(4) of the State's Rules of Civil Procedure, provided that the taxpayer gives written notice to the Town Clerk ofi its intention to seek review within ten days after receipt of  ten days after written notice and demand by the' Town Clerk.  taxes due and owing.  the final order of assessment. $112.018 PENALTY. provided in $ 11.02 ofthis Code. court of competent jurisdiction.  (A). Any person convicted of violating this subchapter may be punished as (B) The operation of a medical marijuana operation in violation of the terms of this subchapter may be enjoined by the Town in an action brought in a (C) The operation of a medical marijuana operation in violation of this subchapter is determined to constitute aj public nuisance and may be abated by the  Town as a nuisance in accordance with' Town ordinances.  5    (D) The remedies set forth in this Section shall not be exclusive, but shall be cumulative and shall be in addition to any other remedy available at law or in (E) Upon conviction, the Town may pursue court costs in the prosecution  equity.  oft the case as allowed under applicablel law.  $112.049 PENALTY. provided in $ 11.02 ofthis Code. court of competent jurisdiction.  (A). Any person convicted of violating this subchapter may be punished as (B) The operation of a retail marijuana establishment in violation of the terms of this subchapter may be enjoined by the Town in an action brought in a (C) The operation of a retail marijuana establishment in violation of the terms of this subchapter is determined to constitute a public nuisance and may be abated by the Town as ai nuisance in accordance with Town ordinances. (D) The remedies set forth in this Section shall not be exclusive, but shall be cumulative and shall be in addition to any other remedy available at law or in (E) Upon conviction, the Town may pursue court costs in the prosecution  equity.  oft the case as allowed under applicable law.  $112.077 PENALTY. provided in $ 11.02 ofthis Code.  (A) Any person convicted of violating this subchapter may be punished as (B) Violation oft this subchapter shall also serve as grounds for suspension or revocation of the license of a marijuana cultivation facility, products manufacturer, and testing facility. Suspension or revocation hearings shall conducted be in accordance applicable statutes and' Town ordinances.  $112.106 PENALTY. provided in S 11.02 ofthis Code.  (A). Any person convicted of violating this subchapter may be punished as (B)(1). A penalty in the amount of 10% oft the tax due or the sum of $10, whichever is greater, shall be imposed upon the vendor and become due in the event the tax is not remitted by the twentieth day of the month as required by 88 112.090 to 112.105, or such other date as prescribed by the' Town Clerk, and 1.5% interest shall accrue each month on the unpaid balance. The' Town Clerk is hereby authorized to waive, for good cause shown, any penalty assessed. (2) If any part ofa deficiency is due to: negligence or intentional disregard ofregulations, but without intent to defraud, there shall be added 10% of the total amount oft the deficiency, and interest, from the vendor required to file ai return. If any part of the deficiency is due to fraud with the intent to evade the tax, then there shall be added 50% of the total amount of the deficiency together with interest and in such case, the whole amount of the unpaid tax, including the  6    additions, shall become due and payable ten days after written notice and demand (3) Ifa any vendor fails to make a return and pay the tax imposed by S8 112.090 to 112.105, the Town may make an estimate, based upon available information of the amount of tax due and add the penalty and interest provided above. The Town shall mail notice of such estimate, by certified mail, to the vendor at its address as indicated in the Town records. Such estimate shall thereupon become an assessment, and such assessment shall be final and due and payable from the taxpayer to the Town Clerk ten days from the date of service of the notice or the date ofmailing by certified mail; provided, however, that within the ten-day period such delinquent taxpayer may petition the Town Clerk for a revision or modification of such assessment and shall, within such ten-day period, furnish the Town Clerk the documents, facts, and figures showing the correct (4) Such petition shall be in writing and the facts and figures submitted shall be submitted either in writing or orally, and shall be given by the taxpayer under penalty of perjury. Thereupon, the Town Clerk may modify such assessment in accordance with the facts submitted in order to effectuate the provisions of $S 112.090 through 112.105. Such assessment shall be considered the final order of the Town Clerk, and may be reviewed by a Court of competent jurisdiction under the Rule 106(a)(4) of the State's Rules of Civil Procedure, provided that the taxpayer gives written notice to the Town Clerk of such intention within ten days after receipt oft the final order of assessment.  by the Town Clerk..  amount ofs such taxes due and owing.  $112.131 PENALTY. provided in $ 11.02 oft this Code.  (A). Any person convicted of violating this subchapter may be punished as (B) (1) A penalty in the amount of 10% of the tax due or the sum of$10, whichever is greater, shall be imposed upon the vendor and become due in the event the tax is not remitted by the twentieth day of the month as required by SS 112.115 to 112.130, or such other date as prescribed by the Town Clerk, and 1.5% interest shall accrue each month on the unpaid balance. The Town Clerk is hereby authorized to waive, for good cause shown, any penalty assessed. (2) Ifany part of a deficiency is due to negligence or intentional disregard ofregulations, but without intent to defraud, there shall be added 10% oft the total amount oft the deficiency, and interest, from the vendor required to file ai return. If any part of the deficiency is due to fraud with the intent to evade the tax, then there shall be added 50% of the total amount of the deficiency together with interest and in such case, the whole amount of the unpaid tax, including the additions, shall become due and payable ten days after written notice and demand (3) If any vendor fails to make a return and pay the tax imposed by $8 112.115 to 112.130, the Town may make an estimate, based upon available  by the Town Clerk.  7    information of the amount of tax due and add the penalty and interest provided above. The Town shall mail notice of such estimate, by certified mail, to the vendor at its address as indicated in the Town records. Such estimate shall thereupon become an assessment, and such assessment shall be final and due and payable from the taxpayer to the Town Clerk ten days from the date of service of the notice or the date of mailing by certified mail; provided, however, that within the ten-day period such delinquent taxpayer may petition the Town Clerk for a revision or modification ofs such assessment and shall, within such ten-day period, furnish the Town Clerk the documents, facts, and figures showing the correct (4) Such petition shall be in writing and the facts and figures submitted shall be submitted either in writing or orally, and shall be given by the taxpayer under penalty of perjury. Thereupon, the Town Clerk may modify such assessment in accordance with the facts submitted in order to effectuate the provisions of $8 112.115 to 112.130. Such assessment shall be considered the final order of the Town Clerk, and may be reviewed by a court of competent jurisdiction under the Rule 106(a)(4) of the State's Rules of Civil Procedure, provided that the taxpayer gives written notice to the Town Clerk of such intention within ten days after receipt oft the final order of assessment.  amount of such taxes due and owing.  $112.156 PENALTY. ordinances.  (A) Any person violating any provision of this chapter for which no specific penalty is prescribed shall be subject to $ 11.02 of this code of (B) (1) Any person convicted of a violation of this subchapter shall be punished by a fine ofnot more than $2,650 (as adjusted for inflation from time to time pursuant to C.R.S. $ 13-10-113) or imprisonment not to exceed 364 days, or both such fine and imprisonment. Each day a violation exists shall be considered a (2) A penalty in the amount of 10% of the tax due or the sum of $10, whichever is greater, shall be imposed upon the vendor and become due in the event the tax is not remitted by the twentieth day of the month as required by this subchapter, or such other date as prescribed by the' Town Clerk, and 1.5% interest shall accrue each month on the unpaid balance. The Town Clerk is hereby authorized to waive, for good cause shown, any penalty assessed. (3)Ifany part of a deficiency is due to negligence or intentional disregard ofregulations, but without intent to defraud, there shall be added 10% of the total amount of the deficiency, and interest, from the vendor required to file ai return. If any part of the deficiency is due to fraud with the intent to evade the tax, then there shall be added 50% of the total amount of the deficiency together with interest and in such case, the whole amount of the unpaid tax, including the additions, shall become due and payable ten days after written notice and demand  separate punishable violation.  by the Town Clerk.  8    (4) If any vendor fails to make a return and pay the tax imposed by this subchapter, the Town may: make an estimate, based upon available information of the amount of tax due and add the penalty and interest provided above. The Town shall mail notice ofs such estimate, by certified mail, to the vendor at its address as indicated in the Town records. Such estimate shall thereupon become an assessment, and such assessment shall be final and due and payable from the vendor to the Town Clerk ten days from the date of service of the notice or the date ofmailing by certified mail; provided, however, that within the tenday period such delinquent, vendor may petition the Town Clerk for a revision or modification of such assessment and shall, within such ten-day period, furnish the Town Clerk the documents, facts, and figures showing the correct amount of such (5) Such petition shall be in writing and the facts and figures submitted shall be submitted either in writing or orally, and shall be given by the vendor under penalty of perjury. Thereupon, the Town Clerk may modify such assessment in accordance with the facts submitted in order to effectuate the provisions of this subchapter. Such assessment shall be considered the final order of the Town Clerk, and may be reviewed by a court of competent jurisdiction under the Rule 106(a)(4) ofthe State's Rules ofCivil Procedure, proyided that the vendor gives written notice to the Town Clerk of such intention within ten days  taxes due and owing.  after receipt oft the final order ofassessment.  $150.991 PENALTY.  No structure or land shall hereafter be constructed, located, extended, converted, or altered without full compliance with the terms of this section and other applicable regulations. Violation of the provisions of this section by failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with conditions) shall be punished as provided in Section 11.02 oft this Code. Nothing herein contained shall prevent the Town from taking such other lawful action as is necessary to prevent or remedy  any violation. $154.991 PENALTY. ordinances.  (A) Any person violating any provision of this chapter for which no specific penalty is prescribed shall be subject to $ 11.02 of this code of (B) The keeping, storage, or parking of a shipping container in Town in violation of the terms of $8 154.01 to 154.05 may be enjoined by the Town in an Section 6. Additions or amendments to the Code, when passed in the form as to indicate the intention of the Town to make the same a part of the Code, shall be deemed to be incorporated in the Code, sO that reference to the Codei includes the additions and amendments.  action brought in a court ofo competent jurisdiction.  9    Section 6. Ordinances adopted after this Ordinance that amend or refer to ordinances that have been codified in the Code shall be construed as ift they amend or refer to those provisions of Section 7. If any paragraph, section, sub-section, sentence, clause or phrase of this Ordinance is, for any reason, held to be invalid, unconstitutional and/or unenforceable, such provisions shall be deemed tol be separate, distinct and independent and the remaining provisions  the Code.  ofthis Ordinance shall continue in full force and effect. as] provided by Colorado Revised Statutes $ 31-16-105.  Section 8. This Ordinance shall become effective thirty (30) days after publication thereof  INTRODUCED, READ, ADOPTED ON FIRST READING THIS  day of  2023.  READ, ADOPTED ON SECOND READING, APPROVED, SIGNED, AND  ORDERED PUBLISHED BY TITLE ONLY this  day of TOWN OF SEDGWICK  2023.  Danny Smith, Mayor  ATTEST:  Heather Moore, Town Clerk  10    EXHIBIT A  Changes and Modifications to the Town of Sedgwick Code of Ordinances 1. Section 10.17 (Changes in Previously Adopted Ordinances): Add "to make the Code  current" at the end of this sentence.  2. Section 10.19 (Copy of Code on File): Change "ours" to "hours." 3. Section 30.33 (Sales Tax): Delete subsection (H)  4. Section 31.07 (Town Clerk Duties): Delete subsection (E) and re-letter accordingly. Add ai new subsection at the end oft this section as follows: "Additional job duties are set forth  ini the Town's Clerk'sj job description." 5. Section 31.46: Revise to read as follows: S 31.46 SPECIAL MEETINGS.  Special meetings of the Board of Trustees may be held upon call of the Mayor, or of three members of the Board of' Trustes,sevedupent them attheif swal-phaceofreidene. Notice of the meeting shall be posted as required for regular meetings and shall be provided to each Board member by telephone, text message, email, personal service or by leaving a copy at the member's usual place of residence at least 24 hours prior to the time set for said meeting. The said notice shall to state the objects of said special meetings and the business to be transacted-amd-seriee-efsaid-meteltiee-te-be-haden-the-membersefthe-Beard-ef FsieesenacepyotliesametoellelewaCieNkatesst24heurs 6. Sections 31.60 to 31.63 (Fire Department): Delete these sections in their entirety.  Phertothe-timesettesetfersaid-meting.  7. Section 31.99 (Penalty):  a. Revise subsection (A) to read as follows: Any person convicted of violating this Chapter may be punished as set forth Section 11.02 ofthis Code. b. Delete subsections (B) and subsection (C)(3). Re-letter accordingly. 8. Section 50.05 (Application for Connection): Revise the last line Penalty, see S 50.99 9. Section 50.15(Waste of Water Prohibited): Insert the following missing text to the end of subsection (B) "of, or restriction upon, water service shall extend more than 10 days for each conviction. Atleast 10 days notice and an opportunity tol bel heard before the Town  11.02  11    Clerk shall be given prior to each discontinuance or restriction ofwater service pursuant 10. Section 50.16 (Unlawful Connection; Tampering): Revise the last line "Penalty, see $  to this section." 50.99 11.02  11. Section 50.99 (Penalty): Delete in its entirety. 12. Section 51.99 (Penalty): Delete ini its entirety.  13. Section 52.01 (Water Service Discontinued): Revise thel last line as follows: "Charges for both services shall continue during the disconnection period, and a reasonable delinquency or hook-up charge shall be made in an amount established by resolution-net 14. Section 52.04 (Workmanship and Materials): Revise the last line "Penalty, see 8 52.99  te-exeeed$5." 11.02  15. Section 52.99 (Penalty): Delete in its entirety.  16. Section 70.02: Add ai new Section 70.02 as follows and renumber the current Section  70.02: $70.02  Amendments and deletions. The Model Traffic Code is subject  to the following amendments and deletions: addition ofai new subsection (i) to read as follows:  A. Section 1101(2) of the Model Traffic Code is amended by the  (i) Unless otherwise posted, the speed limit upon the streets and highways oft the' Town of Sedgwick shall bet twenty-five (25) miles per  hour.  17. Section 70.99 (Penalty): Delete subsection (A) and re-letter accordingly.  18. Section 71.01 (Parking and Use ofRVs): Revise thel last line Penalty, see 8 71.99 11.02 19. Section 71.17 (State Regulations Apply): Revise the last line "Penalty, see S 71.99 11.02 20. Section 71.18 (Designated Areas of Operation): Revise the last line "Penalty, see $ 71.99  11.02  21. Section 71.99 (Penalty): Delete in its entirety.  12    22. Section 73.01 (Speed Limits): Delete in its entirety 23. Section 90.06 (Ownership ofDangerous Dogs):  a. Subsection(A)C): Revise the second sentence as follows: "At the time of registration, each owner of any dangerous dog kept within the Town limits shall provide the Town Clerk's office with proof ofl liability insurance in-the-ameuntof at-least$100,990 for any acts of property damage or liability incurred by virtue of  injury inflicted by such dog.  b. Last line: Revise the last line "Penalty, see $ 90.99 11.02  24. Section 90.07 (Unlawful Ownership of Vicious Dogs): Revise the last line "Penalty, see S  90.99 11.02  25. Section 90.08 (Quarantine): Revise thel last line Penalty, see 8 90.99 11.02  26. Revise Section 90.21 as follows:  $90.21 KEEPING OF LIVESTOCK AND POULTRY.  (A) It shall be unlawful for any person to keep any livestock or poultry, including but not limited to swine, cattle horses, mules, sheep or goats, turkeys, geese or other farm animals of any kind or nature within the corporate limits of the Town. Nokwithstandingtheloregeing-tacBoarloflhustees-memeyiseexepienste-this-seetion ferthe-temperasy-housingfeHoexeexsed-2-heusotiiyesiodkaneerthe-keepingofup  -en-liveehekens-tenserthepwpoxee#harvestimgegss.  (B) Notwithstanding the foregoing, up to ten (10) chickens may be kept on single-family residential lots within the Town, subject to compliance with all applicable  Town requirements.  (C) The Board ofTrustees may allow exceptions to this section upon a finding that the proposed use will not be detrimental to the surrounding properties and inhabitants. In determining whether the proposed use will be detrimental, the Board of Trustees shall consider the following criteria: (1) the size of the property on which the animals will be located; (2) how any nuisance effects will be controlled: (3) the surrounding land uses; and (4) how the animals will be contained on the property. The Board ofTrustees may impose conditions on the proposed use to the extent necessary to ensure compliançe with this subsection C. Conditions may address, by way of illustration and not limitation, nuisance control. fencing requirements. and time limits on  the proposed use. Penalty. see S. 11.0290.99  13    27. Sections 90.22 (Failure to Keep Animals Secure and Restrained) and 90.23 (Removing  Waste): Revise the last line "Penalty, see S 90.99 11.02 28. Section 90.99 (Penalty): Delete in its entirety.  29. Sections 91.02 (Nuisances Prohibited): Revise the last line Penalty, see S 91.99 11.02 30. Section 91.03: (Specific Nuisances Declared): Delete subsection (K). Revise the last line  "Penalty, see S 91.99 11.02  31. Section 91.99 (Penalty): Delete ini its entirety.  32. Sections 92.07 (Animals and Vehicles Not Permitted), 92.24 (Notice of Construction and Excavations), 92.28 (Sidewalk Obstructions), 92.30 (Littering and thel Like): Revise the  last line "Penalty, see S 92.99 11.02  33. Section 92.31 (Vehicles on Sidewalks): Delete in its entirety. 34. Section 92.99 (Penalty): Delete in its entirety.  35. Section 110.99 (Penalty):  a. Delete subsection A. Re-letter accordingly.  b. Revise subsection (B)(1) to read as follows: It shall be unlawful for any person to intentionally, knowingly, or recklessly fail toj pay the tax imposed by this Chapter, or to make any false or fraudulent return, or for any person to otherwise violate any provisions ofthis Chapter. Any person convicted of violating this Chapter  may be punished as set forth in S 11.02 ofthis Code.  36. Section 111.05(B)(6) (Applications): Change "winch" to "which."  37. Section 111.08 (Denial): Revise the second sentence in subsection B as follows: The applicant may thereafter appeal the denial oft the application by the' Town Clerk to the  Town Board Mayor.  38. Section 111.13 (Suspension or Revocation):  a. Revise subsection A as follows: In addition to any other ordinances oft the Town, the Town Clerk may suspend or revoke a license or permit issued under this subchapter (subject to such determination may appeal the determination to the b. Revise subsection D as follows: Except for such emergency suspension authorized by division (C) above, no such suspension or revocation is final until the licensee has been given the opportunity for a hearing before the Town Board  Town Board Mayor)....  Mayer to contest the suspension or revocation.  14    Revise subsection E as follows: If, after al hearing, the suspension or revocation is upheld, the Town Board Mayor may include reasonable orders or conditions with which the person whose license has been suspended or revoked shall comply to protect any work in progress and the public health, safety, and welfare. d. Revise subsection H: Nothing in this subchapter shall be deemed to prohibit the Town Clerk or other authority from imposing other penalties authorized by this subchapter or other ordinance of the Town, including filing a complaint with in the Town Board Mayer for a violation of this subchapter or other ordinance oft the  Town.  39. Sections 111.40 to 111.48 (Peddlers and Entertainers): Delete these sections in their  entirety.  40. Section 112.018: Revise to: read as follows:  $112.018 PENALTY  (A). Any person convicted of violating this subchapter may be punished as (B) The operation of a medical marijuana operation in violation of the terms of this subchapter may be enjoined by the Town in an action brought in a  provided in S 11.02 oft this Code.  court ofcompetent jurisdiction.  (C) The operation of a medical marijuana operation in violation of the terms of this subchapter is determined to constitute a public nuisance and may be abated by the Town as a nuisance in accordance with Town ordinances.  (D) The remedies set forth in this Section shall not be exclusive, but shall be cumulative and shall be in addition to any other remedy available at law or in  equity.  (E) Upon conviction, the Town may pursue court costs in the prosecution  ofthe case as allowed under applicable law. 41. Section 112.049 (Penalty): Revise toi read as follows:  $1 112.049 PENALTY.  (A). Any person convicted of violating this subchapter may be punished as  provided in S 11.020 ofthis Code.  15    (B) The operation of a retail marijuana establishment in violation of the terms of this subchapter may be enjoined by the Town in an action brought in a  court of competent jurisdiction.  (C) The operation of a retail marijuana establishment in violation of the terms of this subchapter is determined to constitute a public nuisance and may be abated by the Town as a nuisance in accordance with Town ordinances.  (D) The remedies set forth in this Section shall not be exclusive, but shall be cumulative and shall be in addition to any other remedy available at law or in  equity.  (E) Upon conviction, the Town may pursue court costs in the prosecution  ofthe case as allowed under applicable law. 42. Section 112.077 (Penalty): Revise to read as follows:  8 112.077 PENALTY.  (A) Any person convicted of violating this subchapter may bej punished as (B) Violation ofthis subchapter shall also serve as grounds for suspension or revocation of the license of a marijuana cultivation facility, products manufacturer, and testing facility. Suspension or revocation hearings shall conducted be in accordance applicable statutes and Town ordinances.  provided in $ 11.02 ofthis Code.  43. Section 112.106 (Penalty):  a. Revise Subsection A to read as follows: Any person convicted of violating this subchapter may be punished as set forth Section 11.02 ofthis Code. b. Delete Subsection (B)(1) and renumber and re-letter the remaining sections. a. Revise Subsection A to read as follows: Any person convicted of violating this subchapter may be punished as set forth Section 11.02 ofthis Code. b. Delete Subsection (B)(1) and renumber and re-letter the remaining sections. a. Revise Subsection A to read as follows: Any person convicted of violating this subchapter may be punished as set forth Section 11.02 ofthis Code. b. Delete Subsection (B)(1) and renumber and: re-letter the remaining sections. 46. Chapter 130 (General Offenses), All sections: Revise the last line "Penalty, see 8 130.99  44. Section 112.131 (Penalty):  45. Section 112.156 (Penalty):  11.02  16    47. Section 130.31 (Poisons): Delete in its entirety. 48. Revise Section 130.32 as follows:  $130.32 SUBTERRANEOUS OPENINGS.  Itshall be unlawful for aAny person to whe-shall have or keep open any cellar door, pit, or vault or other subterraneous opening on any highway or sidewalk or to allow shall suffer the same to be left open or tol be kept in an insecure condition sO that passers-by will be in danger of falling into such cellar, pit, vault, or other opening, or to allow whe shall-suffer any sidewalk in front of the premises opened or occupied by him or her to become or continue to be sO broken as to endanger life or limb-shal,en-ee,be 49. Section 130.33 (Throwing Stones and the Like): Revise "groung" to "ground."  fined-metless-thasthan-s2-BeFmOre-than-s10-and-eests-ofsuit.  50. Section 130.99 (Penalty): Delete ini its entirety. 51. Section 150.99: Revise to read as follows:  81 150.99 PENALTY.  No structure or land shall hereafter be constructed, located, extended, converted, or altered without full compliance with the terms of this section and other applicable regulations. Violation of the provisions of this section by failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with conditions) shall be punished as provided in Section 11.02 oft this Code. Nothing herein contained shall prevent the Town from taking such other lawful action as is necessary to prevent or remedy  any violation.  52. Section 152.99 (Penalty): Delete in its entirety.  53. Section 154.99 (Penalty):  a. Revise Subsection A to read as follows: Any person convicted ofviolating this Chapter may be punished as set forth Section 11.02 oft this Code.  17