Erie, CO Residents: Protect your rights to enjoy your community, family, friends and BBQ
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A recent effort by our mayor and board of trustees to pass an emergency amendment to our “Public Health and Safety” code failed by a 5-2 vote. However, Ord-17-250 which will alter our current “Abatement Of Nuisance Code” to include “Nuisance Odors” is expected to pass on Tuesday, July 25, 2017. The language written in the proposed ordinance reads:
Section H “Odor Emissions:
“It shall be unlawful and a public nuisance for any person, tenant, occupant or property owner to permit the emission of odor from any source to result in detectable odors that leave the premises and are detected by a reasonably prudent person with a normal sense of smell to the exterior of the premises or at any adjoining property or public right of way, and that causes annoyance or otherwise detrimentally affects the general health, safety, welfare and use and enjoyment of one’s property.”
This term “Nuisance Odors” is a very subjective term, meaning almost anything that produces a smell can be subject to legal ramifications as there is no true definition written in the ordinance to define what exactly is a “Nuisance Odor”. This means such items as wood burning fires (fire pits), BBQ grills, smokers, compost piles, burning incense, and other recreational related practices that produce a smell will be subject to legal ramifications such as fines, fees and/or criminal charges based on 2 or more resident complaints.
Not only does this proposed ordinance focus on breaking up family BBQs and community events, it occupies the time of local law enforcement who will now be spending time (and our tax dollars) taking petty complaints rather than preventing crime.
By signing this petition, you are agreeing with the statements above and asking the elected officials of Erie, Colorado to vote NO on Ord-17-250 until the term “Nuisance Odor” can be specifically defined and where enforcement does not involve our crime prevention resources.
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