1. Fencing wire placed on the side of the fence posts where the domestic animals are located;

2. Smooth wire or rounded rail for the top, smooth wire on the bottom;

3. Height of top rail or wire should be 42” or less;

4. At least 12” between the top two wires;

5. At least 16” between the bottom wire or rail and the ground;

6. Posts at minimum 16’ intervals;

7. Gates, drop-downs, removable fence sections or other passages where animals concentrate and cross;

8. Using a rail, high-visibility wire, flagging or other visual markers for the top (optional and likely to only be used in areas of high use by wildlife).

9. Fencing distances can be altered based on the needs of tenants, etc. (4-strand fence, bottom three wires barbed, top wire smooth, with spacing from the ground up as follows:

10", 20", 30", 42" - maximum height 42").

Attachment A

WOOD FENCE

WORM FENCEWORM FENCE

SCALE: NOT TO SCALE

6" - 8" DIA. UNPEELED LOGS

SECURED WITH 8-10" NAILS

18" SPACER

(LOG OR STONE)

PLAN

ELEVATION

FENCING, GATES & BOLLARDS

Attachment B

2020 BOULDER COUNTY CONSTRUCTION & MAINTENANCE HANDBOOK 63

POST & DOWEL FENCE - W/ WIRE MESH

SCALE: NOT TO SCALE

POST & DOWEL FENCE - 2 RAIL

SCALE: NOT TO SCALE

POST & DOWEL - 3 RAIL

SCALE: NOT TO SCALE

RANCH FENCE

SCALE: NOT TO SCALE

THOROUGHLY COMPACT

BASE OF HOLE AND SOIL

AROUND POST (TYP)

NOTE:

ALL POSTS AND DOWELS TO BE ACQ PRESSURE

TREATED.

POSTS WITH SINGLE SET OF HOLES TO BE USED

AT ENDS OF FENCE.

DIMENSIONAL TOLERANCE 12"

3" x 2" WIRE MESH FENCE SECURED WITH

STAPLES EVERY 2' MIN. SET MESH BELOW

FINISHED GRADE 2" MIN.

18"

18"

6"

8'-0"

(TYP)

4" DIA.

(TYP)

42"

5'-6"

24"

5" DIA.

(TYP)

THOROUGHLY COMPACT

BASE OF HOLE AND SOIL

AROUND POST (TYP)

NOTE:

ALL POSTS AND DOWELS TO BE ACQ PRESSURE

TREATED.

POSTS MUST BE DRIVEN OR SET IN CONCRETE

POSTS WITH SINGLE SET OF HOLES TO BE USED

AT ENDS OF FENCE.

DIMENSIONAL TOLERANCE 12"

18"

18"

42"

6"

24"

8'-0"

(TYP)

5'-6"

4" DIA.

(TYP)

5" DIA.

(TYP)

THOROUGHLY COMPACT

BASE OF HOLE AND SOIL

AROUND POST (TYP)

NOTE:

ALL POSTS AND DOWELS TO BE ACQ PRESSURE

TREATED

POSTS WITH SINGLE SET OF HOLES TO BE USED

AT ENDS OF FENCE

DIMENSIONAL TOLERANCE 12"

48"

30"

8'-0"

(TYP)

6'-6"

4" DIA. (TYP)

5" DIA.

(TYP)

6"

15"

12"

15"

WOOD FENCE

WIRE FENCE

WIRE FENCE - 5 STRAND

SCALE: NOT TO SCALE

WIRE FENCE - 4 STRAND

SCALE: NOT TO SCALE

48"

42"

6" DIA. BRACE POST (TYP)

POSTS MUST BE DRIVEN OR SET

IN CONCRETE, 4" DIA. BRACE

RAIL, TWO WRAP 9 GAUGE

SMOOTH WIRE DIAGONAL

5" DIA. LINE POST

(TYP)

STANDARD 6' METAL STUDDED 'T' POST, 12'

INTERVALS, MIN DEPTH TO TOP OF SPADE

8'96'

12' (TYP)

12"

30"

12-12 GAUGE ZINC COATED STEEL WIRE (TYP)

NOTES:

ALL STAPLES, NAILS, AND BRACE PINS TO BE GALVANIZED

ALL WOOD POSTS AND RAILS TO BE ACQ PRESSURE TREATED

ALL WIRE TERMINATIONS TO BE DOUBLE WRAPPED AT WOOD POSTS

21"

30"

39"

48"

SMOOTH WIRE FENCE WITH MESH - BCPOS

SCALE: NOT TO SCALE

48"

42"

6" DIA. BRACE POST (TYP)

POSTS MUST BE DRIVEN OR SET

IN CONCRETE, 4" DIA. BRACE

RAIL, TWO WRAP 9 GAUGE

SMOOTH WIRE DIAGONAL

5" DIA. LINE POST

(TYP)

STANDARD 6' METAL STUDDED 'T' POST, 12'

INTERVALS, MIN DEPTH TO TOP OF SPADE

8'96'

12' (TYP)

16"

24"

36"

48"

30"

12-12 GAUGE ZINC COATED STEEL WIRE (TYP)

NOTES:

ALL STAPLES, NAILS, AND BRACE PINS TO BE GALVANIZED

ALL WOOD POSTS AND RAILS TO BE ACQ PRESSURE TREATED

ALL WIRE TERMINATIONS TO BE DOUBLE WRAPPED AT WOOD POSTS

MESH TO BE MIN. 3"x2" HEAVY GAUGE WIRE

PERIMETER FENCE

SCALE: NOT TO SCALE

2020 BOULDER COUNTY CONSTRUCTION & MAINTENANCE HANDBOOK 65

PRAIRIE DOG BARRIER ON EXISTING FENCE

SCALE: NOT TO SCALE

6' CHICKEN WIRE BEND

12" OF WIRE OVER 2ND

STRAND

24"

36"

T-POST

EXISTING FENCE (TYP)

SECURE MESH TO

GROUND WITH

LANDSCAPE

STAPLES

FASTEN MESH

TO FENCE WITH

HOG RINGS

EXISTING FENCE

ELEVATION SECTION

12"

WIRE FENCE

4 - STRAND WILDLIFE PRAIRIE DOG

SCALE: NOT TO SCALE

CONSTRUCTION FENCE

48"

12' O.C. (TYP)

STANDARD 6' METAL STUDDED

'T'-POST, 12' INTERVALS, MIN

DEPTH TO TOP OF SPADE

4' ORANGE PLASTIC HEAVY

DUTY CONSTRUCTION FENCE

CONSTRUCTION FENCE

SCALE: NOT TO SCALE

Prairie Dog Barrier Installation Guide

Materials List

• 6 ft wide 150ft galvanized chicken wire 1" hex mesh (no larger than 1”)

• Landscape staples (6–8 in)

• Wire cutters, fencing pliers

• Hog ring pliers and rings

• Rubber mallet or driving stick

Links to products

Chicken wire

• Commerce city stockyards

• Poudre Valley Coop

• High Plains Cattle (Brush, Co)

• Murdochs for small quantities

Hog ring pliers

Hog rings

Lawn staples (bought through CPS in Longmont)

Optional: Lawn staple driving stick

Attachment C https://www.amazon.com/DEWALT-P7DW-Hog-Ring-Pliers/dp/B00I7PCF3K/ref=sr_1_4?crid=86M7T9A3RBQU&dib=eyJ2IjoiMSJ9.WHWQj-ftBaThvyDsbtYx8MPSgjiqJEbgPFJFZ2T7p7JCy7ujZI1SWHSb8eEI0cVY3Rdq8B6orhzQTO7sCbQOJ6DG3xuonQAIzKDlX2k9fXzIhw7mgrCk_OKtLGPgPnfY4IMqI19slQlmZFvrFX8c-ymlkaxowfVVFAokIg30jtKAibtWC7zuSbcVYMcFj-fprz_wVlDUz-A9eYFLM2N-cV9XccGPRNeeGWpDWrOMgBM.m5im3XHe4ZZ4-npF0_ef8SDYi2cOfCf004qZ4_CMZS8&dib_tag=se&keywords=hog%2Brings%2Bpliers&qid=1771357895&sprefix=hog%2Brings%2Bpl%2Caps%2C195&sr=8-4&th=1 https://www.amazon.com/dp/B089TTN5KP/ref=sspa_dk_detail_5?pd_rd_i=B089TTN5KP&pd_rd_w=P62XG&content-id=amzn1.sym.8c2f9165-8e93-42a1-8313-73d3809141a2&pf_rd_p=8c2f9165-8e93-42a1-8313-73d3809141a2&pf_rd_r=Y5B2D9FXMAK72ZFSEFCK&pd_rd_wg=IfKtI&pd_rd_r=4835f53a-e095-4875-ba7c-c95847508c01&sp_csd=d2lkZ2V0TmFtZT1zcF9kZXRhaWw&th=1 https://www.heritageplus.com/pinlan100bx-fabric-sod-pin-6-11ga-fcmst-d100 https://www.amazon.com/HUAALIUCHE-Landscape-Staples-Installer-Irrigation/dp/B0CCXT9B1Q/ref=sr_1_1_sspa?crid=2B1Q6NE43IU0O&dib=eyJ2IjoiMSJ9.Pi9bjFoP9KrAeS8q0rQYn13QFJEcTGlNvIehBlE9j9K76jZVrHfnAkuOi7lrE1RDXvpjydmptvdJZvQFpUTiKiUXsFQKqa1UFFdJerZNAK3VSWEO1n5XOaAJymT4aryufzoFbnDy3-5KA1IIP-CV4Ub5eLgp2JQdzYkmIcbCmECkhCLZvTEQvXnGSWKMMo5Qgl74xa7bKLDS44mgQ1_k6R6q4F4iJrIow6XnGZb6-r3IF_xOgiCj97DRVZn1F0MuW30UJJkjT6G1vNKZVhj8YlXQYNRWAQfMzNhgTayCmaQ.ltZkH1Ln12aw8-HPLyX5mh28brH6PfB4g4VmWfL-rck&dib_tag=se&keywords=lawn%2Bstaple%2Bdriver&qid=1771358373&s=hi&sprefix=lawn%2Bstaple%2Bdrive%2Caps%2C188&sr=1-1-spons&sp_csd=d2lkZ2V0TmFtZT1zcF9hdGY&th=1

Start

Ensure you are on the correct side for blocking prairie dog movement.

Begin by rolling out the entire 150 ft mesh parallel to the fence. Hook the far end on top of nearest t-post to keep it from rolling back up or place a rock/post on it if possible. Starting end should be attached with hog rings to each wire to keep solid anchor.

Next, one person will start by attaching the top line of the fence to the first pre-set horizontal line in the chicken wire matrix matching them up for best results. Pulling tension as you go down fence line to keep any ripples out. Do this essentially “hangs the chicken wire by the top line for handling ease. Since the top line will hold most of the weight initially extra hog rings may be used. You should have a 1ft section left above top line for your flap.

Horizontal guide line in chicken wire to align with top fence wire (note flap has not been curled down yet)

Have others follow behind the first person securing the chicken wire to each line of the fence. Step down on the bottom where it turns to the apron to pull vertical portion down tight while placing hog rings. If you have enough people, you can assign each person to a line and have them follow each other down the line. 6-8” placement is adequate, but more is always better since the rings are cheap and easy to apply. After the chicken wire is secured to the fence then you can start with lawn staples.

Place lawn staples as shown in diagram keeping a somewhat even grid pattern. If the soil type is loose and rocky place additional staples to ensure a tight barrier. The most important staples are on the outer brim of the apron so make sure these go in tight and add extra if needed.

You might have to knock down burrows that are going to end up under the apron or move large rocks that will keep the apron from laying flat. If you end up moving large rock just place them back on top of the apron for extra security.

Once each step above is complete walk back along to barrier and secure any bumps on the vertical section with additional hog rings and form the flap into a curl by pinching lightly where it meets the top line. If it does not make a perfect curve that’s fine, it just needs to be at an angle enough for a prairie dog to fall backwards if climbing up the fence.

Office of Financial Management 2020 13th Street • Boulder, Colorado 80302 • finance@bouldercounty.gov • 303-441-3525 Mailing Address: P.O. Box 471 • Boulder, CO 80306 • www.BoulderCounty.gov

Claire Levy County Commissioner Marta Loachamin County Commissioner Ashley Stolzmann County Commissioner

PURCHASE ORDER TERMS AND CONDITIONS

The articles specified are subject to the following conditions.

1. The offer of seller, either orally or in writing, shall for all purposes be deemed accepted upon execution of this purchase order.

2. No terms additional to or different from those contained herein shall be valid or effective unless otherwise specified on this purchase order.

3. The Seller acknowledges that it has carefully reviewed and examined this purchase order with all of its incorporated documents attached, and the Seller will not make any claim to the Purchaser based upon or arising out of any misunderstanding or misconception on its part of the provisions and requirements of this purchase order: The seller acknowledges that it has fully examined and analyzed all conditions that could affect its performance and that no conditions exist which would affect the progress, performance, or price of this purchase order.

4. The making of payment shall not constitute an acceptance of any defective or incomplete work.

5. The failure of the Seller to perform any material obligation of this purchase order shall be deemed a default and Purchaser shall thereon be entitled, in addition to any other legal rights and remedies it may have, to cancel this purchase order. The Seller shall be responsible and liable to purchaser for all damages, costs, disbursements and expenses, including attorney's fees, incurred by the Purchaser as a result of the seller's breach or default of this purchase order.

6. This purchase order shall not be changed, modified, or altered except in writing and signed by Seller and Purchaser.

7. The right of cancellation in case of long delay in shipment is reserved.

8. No sales tax or use tax shall be included in or added to prices of materials on this order.

9. If the quantity shipped is short of the purchase order quantity, specify on the packing slip if that quantity is on backorder or canceled.

10. On prepaid freight shipments, copy of freight bill must accompany invoice.

11. This purchase order shall not be assigned in whole or in part nor shall any interest therein including the right to any proceeds and any such purported assignment shall be void.

12. Financial obligations of the county are contingent upon funds for that purpose being appropriated, budgeted, and otherwise made available as a result, the county reserves the

Attachment D right to terminate this agreement should necessary funds not be appropriated, budgeted, or otherwise made available.

13. If this purchase order covers equipment, materials, or containers thereof that are required by law to be constructed, packaged, labeled, or registered in a prescribed manner - such as, but not limited to, fabrics, poisons, combustibles gases, and any vehicles, storage tanks, and the like intended for transporting or storing the same. Seller hereby warrants that such equipment, materials, and containers will be in compliance with all such laws irrespective of whether Seller's shipments to Purchaser are interstate or intrastate. This provision applies whether or not a specification is furnished by Purchaser. No extra charges of any kind including charges for boxing, packaging, or cartage shall be allowed.

14. Seller hereby warrants for a period of one year after acceptance of all materials furnished hereunder by Purchaser, that all materials furnished hereunder will be free from all faults and defects, fit and sufficient for the purpose intended, merchantable, of good workmanship and in conformity with any specifications, drawings or samples specified or furnished herewith.

15. The validity, interpretation and performance of this Purchase Order shall be governed by the laws of the State of Colorado. Titles, captions or headings to any provisions, Articles, etc., shall not limit the full contents of same. If any term or provision of this purchase order is found invalid, it shall not affect the validity and enforcement of all remaining terms and provisions of this purchase order.

1. Resource Protection

(a) It shall be unlawful for any unauthorized person to remove, move, destroy, mutilate, collect, or deface any natural or human-made object within any Boulder County Parks & Open Space area, including, but not limited to: trees, down timber or branches, shrubbery, plants, flowers, rocks, fences, signs, kiosks, restrooms, tables, benches, cultural resources, and trash containers.

(b) It shall be unlawful to install or replace rock bolts, plant vegetation of any type or any other type of landscape material, or establish or construct trails or other facilities for public or private use without the written permission from the Director of the Boulder County Parks & Open Space Department (the “Director”).

2. Wildlife

(a) It shall be unlawful for any person to feed, hunt, pursue, trap, molest, disturb, or kill any wildlife, or for any person to allow any domestic animal to do the same, at any time within any Boulder County Parks & Open Space area, except where and when such activities are permitted by action of the Board or by written permission from the Director and except as provided for in Rule 3 below. This provision shall not apply to any county, state, or federal government personnel authorized by the Board to carry out a wildlife management program through law or county-approved rules and regulations.

(b) It shall be unlawful for any unauthorized person to relocate or release any animal within Boulder County Parks & Open Space areas.

ATTACHMENT E

RESOLUTION NO. 2023-024

A RESOLUTION CONCERNING RULES AND REGULATIONS FOR BOULDER COUNTY

PARKS & OPEN SPACE AREAS (Superseding Resolution No. 2023-020).

WHEREAS the Board of County Commissioners (the “Board”) is empowered by § 29-7-101(2), C.R.S. and § 30-15-401, C.R.S., as amended, to adopt rules and regulations pertaining to Boulder County Parks & Open Space areas; and

WHEREAS, Boulder County, through the Board, has elected to adopt such Rules and Regulations;

and

WHEREAS, these Rules and Regulations are for the sole purpose of managing and protecting property which Boulder County owns, leases or otherwise manages as Parks & Open Space areas and will be enforced in accordance with established resources and operating procedures; and

WHEREAS, enactment of these Rules and Regulations constitutes neither a waiver of governmental immunity pursuant to §§ 24-10-101, et seq., C.R.S., as amended, nor the assumption of any duties of care to any person.

NOW, THEREFORE, BE IT RESOLVED that the prior Resolutions concerning Rules and Regulations governing Boulder County Parks & Open Space areas are superseded and replaced by the following:

3. Fishing Regulations

Fishing is permitted in accordance with the Colorado Wildlife Commission's land and water regulations, except in open space areas designated and posted with special Boulder County Parks & Open Space regulations. Ice fishing is prohibited on all Boulder County Parks & Open Space areas, unless the area is specifically posted to allow ice fishing. It shall be unlawful to violate special fishing regulations posted within any Boulder County Parks & Open Space area.

Rules and Regulations, fees, and special permit requirements shall be determined by the Board and posted at affected Boulder County Parks & Open Space areas. The Board and the Director may modify these regulations or create new ones when deemed necessary for repairs, wildlife, vegetation, and/or public safety concerns. The Director, within two days of modifying or creating any regulations under this Paragraph, will send notification to the Board of such action. The Board may, at a regularly scheduled business meeting, rescind or modify the decision by the Director. Only that portion of any decision by the Director that is specifically approved by the Board shall continue to be effective.

Unless otherwise posted or provided in these Rules and Regulations, float tubes, as defined under the boating regulations below, shall be permitted in conjunction with fishing wherever fishing is permitted within Boulder County Parks & Open Space areas.

It shall be unlawful to use seines, cast nets, and/or live traps on any body of water within Boulder County Parks & Open Space areas.

(a) Walden Pond Wildlife Habitat:

i. Fishing in Wally Toevs Pond shall be limited to senior citizens (ages 64 and over) and their juvenile companions (ages 15 years or younger) and anglers with disabilities and their companions.

ii. It shall be unlawful to exceed the posted creel limit.

iii. All other ponds at Walden Ponds Wildlife Habitat are designated as catch and release fishing for largemouth and smallmouth bass. At these ponds anglers must use terminal tackle, such as flies and lures. Creel limits for all species other than largemouth and smallmouth bass must adhere to Colorado Parks and Wildlife Commission regulations.

iv. Fishing is prohibited on Cottonwood Marsh Lake.

v. All vessels and float tubes are prohibited.

(b) Cattail Ponds at the Boulder County Fairgrounds:

i. All vessels and float tubes are prohibited.

ii. Fishing is limited to people under 16 years of age.

(c) Lagerman Reservoir:

i. Vessels at Lagerman Reservoir are limited to non-motorized vessels and motorized vessels with electric motors or gasoline motors of 8 horsepower or less.

ii. Vessels are restricted to wakeless speeds (less than five miles per hour).

iii. All largemouth and smallmouth bass possessed must be 15 inches or greater in length. All tiger muskie possessed must be 36 inches or greater in length and the creel limit is one. The creel limits for all species shall adhere to the Colorado Wildlife Commission regulations (creel limit for largemouth and smallmouth bass is five each).

(d) Stearns Lake at Carolyn Holmberg Preserve/Rock Creek Farm:

i. All largemouth and smallmouth bass possessed must be 15 inches or greater in length. All tiger muskie possessed must be 36 inches or greater in length and the creel limit shall be one. The creel limits for all species shall adhere to the Colorado Wildlife Commission regulations (creel limit for largemouth and smallmouth bass is five each).

ii. All vessels and float tubes are prohibited.

(e) Pella Crossing:

i. All ponds at Pella Crossing are designated as catch and release fishing for largemouth and smallmouth bass. Anglers must use terminal tackle, such as flies and lures. Creel limits for all species other than largemouth and smallmouth bass must adhere to the Colorado Wildlife Commission regulations.

ii. Fishing is prohibited on Webster Pond.

iii. Non-motorized, portable vessels are allowed on Lake Sunset, Heron Lake, and Dragonfly, Poplar, and Clearwater Ponds. Such use is allowed only for the purpose of fishing.

(f) Twin Lakes:

i. All vessels and float tubes are prohibited.

(h) Mud Lake:

i. All vessels and float tubes are prohibited.

4. Projectiles, Weapons and Explosives

It shall be unlawful to carry or discharge on or into any Boulder County Parks & Open Space area, firearms (concealed or otherwise), projectile weapons, or explosives of any kind including but not limited to hand guns, rifles, shotguns, fireworks, BB guns, pellet guns, rockets, air guns, paint ball guns, blow guns, crossbows, longbows, and slingshots, except as expressly permitted by Boulder County Ordinance 2022-4, as amended. Peace officers on official duty and Boulder County Park Rangers engaged in official wildlife management operations are excepted, as are residential tenants of the county within their living quarters and events under lease at the Boulder County Fairgrounds.

Further exceptions may be permitted only with written permission from the Board or the Director.

5. Domestic Animals/ Livestock

(a) Any dog or other domestic animal within a Boulder County Parks & Open Space area shall be restrained by a leash, cord, rope, or chain and under physical control of a person, except as otherwise provided for in this paragraph or posted with approval from the Board.

Any owner/keeper accompanying a dog in an off-leash area must have the ability to restrain their dog when requested by Parks & Open Space staff.

(b) It shall be unlawful for any owner/keeper to allow their domestic animals within a Boulder County Parks & Open Space area to engage in disorderly conduct or any activity which interferes with the health, safety, or welfare of users, livestock, other domestic animals or neighbors in the area, or which creates a nuisance, including unwanted physical contact or threatening behavior with any user, domestic animal, or livestock.

(c) Any person who brings a dog into a Boulder County Parks & Open Space area shall pick up, carry out, and dispose of that dog's excrement.

(d) Dogs may be prohibited on specific Boulder County Parks & Open Space areas by action of the Board.

(e) Horses must be under the physical control of a person at all Boulder County Parks & Open Space areas except at the exhibitor and spectator areas at the Boulder County Fairgrounds and those permitted under a written grazing lease from Boulder County.

(f) Domestic animals or livestock may be tied by a lead or rope sufficient to restrain the animals, but shall neither be left tied and unattended nor tied in any manner which damages vegetation or structures or which interferes with or disturbs the public's use of established trails, picnic areas, or campsites.

(g) All feed provided to livestock while on Boulder County Parks & Open Space trails and trailheads must be free of weeds and weed seeds. Livestock grazing is allowed only by lease or written permission from the Director or the Board.

(h) Exceptions to this rule are permitted for the use of a dog as a service animal as long as such use is in all respects in compliance with the regulations in 28 CFR § 35.136. A service animal must be individually trained to do work or perform tasks for the benefit of its handler’s disability. Provision of emotional support, well-being, comfort, or companionship do not qualify as “work” or “tasks” which may be provided by a service animal.

(i) It shall be unlawful to confine any animal in a motor vehicle in such a manner that places it in a life or health-threatening situation by exposure to a prolonged period of extreme heat or cold without proper ventilation or other protection from such heat or cold.

6. Camping

It shall be unlawful to camp overnight in a tent, or other shelter, or to occupy any vehicle, trailer, or camper for overnight camping on Open Space lands except in designated areas at the Boulder County Fairgrounds or when approved by the Director or the Director’s designee.

7. Fire

(a) Campfires are unlawful. Charcoal fires may be built only in established picnic and camping areas, and then only in grills and fireplaces provided by the department or in personal grills or stoves. All charcoal fires must be built in a safe manner and attended at all times. All charcoal fires must be properly extinguished and left in the provided grills.

Exceptions may be granted only with written permission from the Board or the Director.

(b) Fires may be prohibited entirely by order of the Board, the Boulder County Sheriff, or the Director by the posting of special notices or public notification through the press.

(c) It shall be unlawful to violate an order or special notice prohibiting fires on any Boulder County Parks & Open Space area.

8. Bicycles

No person shall ride a bicycle or unicycle within any Boulder County Parks & Open Space area except on trails where such use is designated, including day-of-use and directional designations, and at the Boulder County Fairgrounds. Unless otherwise stated, the definition of bicycle shall include all exclusively human-powered wheeled vehicles. Gas and electric assisted bicycles and unicycles are prohibited within any County Parks & Open Space area except where such use is specifically designated. Strollers and wheelchairs are exempted from this regulation and are permitted within any Boulder County Parks & Open Space area.

9. Vehicles

(a) No person shall operate a motor vehicle, including a car, truck, motorcycle, minibike, electric scooter, low-powered scooter, electric assisted bicycle, electric assisted unicycle, electric assisted one-wheel, snowmobile, four-wheel drive or other recreational vehicle, within any Boulder County Parks & Open Space area, unless the area is specifically designated and posted to permit the operation of such vehicle in that area. Boulder County and emergency vehicles on official business are excepted from this rule. For exceptions related to disabled access refer to Rule 9(b).

(b) Individuals with mobility disabilities are permitted to use wheelchairs and/or manually-powered mobility aids on any trail open to pedestrian use so long as they are used in a manner that is safe for the user. Individuals with mobility disabilities may use other power-driven mobility devices (“OPDMDs”) on all trails open for pedestrian use unless a particular trail has been designated as being unsafe for use by OPDMDs based upon the assessment factors found in 28 CFR § 35.137(b)(2). A current list of trails that have been designated as being unsafe for use of OPDMDs shall be kept on the Boulder County Parks & Open Space web site. County personnel who have been granted authority for enforcement of these Rules and Regulations pursuant to Rule 28 shall have the discretion to temporarily designate additional trail segments or other facilities on Boulder County Parks & Open Space areas as inappropriate for use of certain classes of OPDMDs based upon current conditions that may affect the safety of the OPDMD user or other members of the public and/or harm to the immediate environment or natural or cultural resources, such as weather, trail conditions, and volume of pedestrian traffic. Use of OPDMDs within any Parks & Open Space area must be in a safe manner and is at the risk of the user.

OPDMDs may not be used off trail in any Parks & Open Space area.

(c) Vehicles must be parked in designated areas, and/or in compliance with all posted parking signs.

(d) Vehicles may not be parked, attended or unattended, at any time from sunset to sunrise except with permission from the Director.

(e) Only persons with a disability may park in spaces designated for persons with disabilities. A license plate or placard obtained pursuant to § 42-3-121, C.R.S, as amended, or otherwise authorized by § 42-4-1208 (4), C.R.S., as amended, shall be displayed at all times while vehicle is parked in such a space.

(f) It shall be unlawful to park in a manner that impedes the safe flow of traffic.

10. Advertising and Signs Prohibited

Posting of signs, advertisements and flyers or placement of brochures on Boulder County Parks & Open Space areas or on vehicles within parking facilities is prohibited without permission from the Director.

11. Swimming and Skating

It shall be unlawful to swim, dive, ice skate, walk on ice, use any floatation device not designed for fishing, in or on any lake, pond, or stream within any Boulder County Parks & Open Space area, unless the area is specifically posted to allow such activity.

12. Littering/Dumping

(a) It shall be unlawful to deposit or dispose of trash, garbage, rubbish, litter, debris, or other objects within any park or open space area, except that which is generated by legal activities conducted within the Boulder County Parks & Open Space area. Trash and debris legally generated within any Boulder County Parks & Open Space area must be removed or deposited in a designated trash receptacle.

(b) It shall be unlawful to clean vehicles / livestock trailers out onto Boulder County Parks & Open Space areas, including the Boulder County Fairgrounds.

(c) Under no circumstance may hazardous materials be deposited within Boulder County Parks & Open Space areas.

13. Glass Containers

It shall be unlawful for any person to carry or possess, outside of an enclosed vehicle, any glass bottle or other glass container within any Boulder County Parks & Open Space area, except as might be required for prescribed medical treatment or for food preparation in the concession areas or campground at the Boulder County Fairgrounds. Exceptions are also made for specific events under lease at the Boulder County Fairgrounds or pursuant to the terms of an agricultural lease. Further exceptions are permitted only by obtaining written permission from the Director or the Board.

14. Smoking

Smoking is prohibited within any Boulder County Parks & Open Space area. Smoking is defined as inhaling, exhaling, burning, or carrying any lighted cigar, cigarette, pipe, plant, electronic smoking device or other combustible substance in any manner or in any form, regardless of its composition.

15. Marijuana

It shall be unlawful to consume marijuana or any marijuana derivative within any Boulder County Parks & Open Space area.

16. Alcoholic Beverages

Possession and consumption of alcoholic beverages is permitted within Boulder County Parks & Open Space areas so long as in compliance with all other Rules and Regulations and state law. Vendors at the Boulder County Farmers’ Market may conduct tastings at the Fairgrounds without a Special Events Permit if in compliance with the Fairgrounds Policy Manual and the lease from Boulder County to the Farmers’ Market. Alcoholic beverages may be prohibited on specific Boulder County Parks & Open Space areas by action of the Board.

17. Hours of Operation

Boulder County Parks & Open Space areas shall be open for daytime use only, between sunrise and sunset, with the exception of the trail corridors for the Longmont-to-Boulder (LoBo) Trail, Coalton Trail, Coal Creek Trail, Rock Creek Trail, Meadowlark Trail, US 36 Bikeway, Boulder Canyon Trail, Open Sky Loop trail adjacent to Pike Road, and Mayhoffer-Singletree Trail. These trail corridors and neighborhood connecting spurs shall be open 24 hours per day.

Further exceptions are permitted only by obtaining written permission from the Director, the Director’s designee, or the Board.

18. Research Projects

All research projects to be conducted within any park or open space area must be reviewed and written authorization granted in advance from the department.

19. Commercial Activity

It shall be unlawful for any person, acting individually or on behalf of a business or organization, to use any Boulder County Parks & Open Space area for any commercial purpose (including races or events; filming movies or commercials; photography for commercial marketing and advertising purposes; guiding service; equipment demonstrations; or riding activities of a commercial horse stab le, riding school, or livery). Individuals engaging in still camera photography are exempt as are nonprofit tax-exempt entities and anyone acting pursuant to the terms of a lease.

20. Special Use Permits

Special use permits are required for any group of 25 or more. Requests must include the group affiliation, dates and time of use, trails or areas to be used, and other details of the use. If, in the opinion of the Board or the Director, the activity will cause significant impact to the natural environment or will require significant departmental resources, the county may prescribe a fee that includes the costs expected to be incurred by the department or deny permission for the activity.

21. Disorderly Conduct

(a) It shall be unlawful for any person to engage in any activity or behavior within a Boulder County Parks & Open Space area which interferes with the health, safety, or welfare of themselves, other users, or adjacent landowners.

(b) It shall be unlawful to use sound amplification devices within Boulder County Parks & Open Space areas or to permit unreasonably loud noises that disturb others except for leased events at the Boulder County Fairgrounds.

(c) It shall be unlawful for any person to knowingly alter, damage, deface, or vandalize natural, cultural, or human-made resources, structures, or features within Boulder County Parks & Open Space.

22. Trail Use

(a) It shall be unlawful for any trail user to fail to yield to other trail users in the manner defined herein or as otherwise posted at trailheads. The appropriate order for yielding the trail right-of-way is as follows: All users yield to equestrians, bicyclists yield to pedestrians, and bicyclists headed downhill yield to bicyclists headed uphill. Yielding the right-of-way requires slowing down to a safe speed, being prepared to stop, establishing communication, and passing safely.

(b) The Board may, by resolution, adopt use restrictions on specific trails or Parks & Open Space areas when such restrictions are necessary for resource protection or safety related issues. Such restrictions shall be posted at the trailheads.

23. Closures

(a) Boulder County Parks & Open Space areas being managed for agricultural purposes, whether by the department or a lessee, are closed to the public unless trails and other related facilities are designated for another purpose by the Board. It shall be unlawful for any unauthorized person to enter such closed areas.

(b) The department may determine that closure of Boulder County Parks & Open Space areas to the public and/or to certain animals is necessary or desirable due to wildlife, vegetation, management review, contractual agreement, public safety, and/or other resource protection needs. The Director or the Director’s designee may designate an area closed, temporarily, permanently, or for an indefinite period and shall inform the Board of all permanent and indefinite closures. It shall be unlawful for any unauthorized person to enter areas that are closed. All closures, whether temporary, permanent, or indefinite, shall be designated at the site of the closure and on the Boulder County Parks & Open Space website.

24. Other Prohibited Activities

(a) Other prohibited activities include polluting land, water, or air; golfing; hang gliding;

paragliding; parapenting; parachuting; parasailing; the use of remote-controlled land, water, or air-borne devices; mountain skateboards; mountain ski-bikes; off-road roller blades; onewheel; and similar devices unless the activity is permitted in a lease at the Boulder County Fairgrounds.

(b) Except for emergency landings, it shall be unlawful to take off, operate, or land with any motorized or non-motorized aircraft within Boulder County Parks & Open Space areas.

“Aircraft” includes but is not limited to airplanes, helicopters, ultralights, gliders/sailplanes, and hot-air balloons except as permitted by current Boulder County Parks & Open Space policies for unmanned aircraft systems or the conditions of a lease at the Boulder County Fairgrounds.

(c) Special regulations may apply to buildings open to the public on Boulder County Parks & Open Space areas. These regulations shall be approved by the Board. Such regulations will be posted on site.

(d) It shall be unlawful to take-off, land, or operate any unmanned aircraft system (drone) on Boulder County Parks & Open Space areas unless permitted by the Director. No person shall operate an unmanned aircraft system so as to endanger, harass, harm, or injure any person, companion animal, livestock, or wildlife on Boulder County Parks & Open Space areas.

25. Regulatory Signs

It shall be unlawful to violate any official rule or regulation posted on a sign.

26. Fairgrounds Campground

It shall be unlawful to violate the following rules and regulations for the Boulder County Fairgrounds.

(a) Length of stay at the campground is not to exceed a total of fourteen days within a given calendar year. Campsites must be occupied during stay. Extensions may be permitted only by obtaining written permission from the Fairgrounds Manager.

(b) Checkout time for those staying at the campground is 10:00 a.m. the morning following a paid night’s stay.

(c) Quiet hours at the campground are between the hours of 9:00 p.m. and 6:00 a.m.

(d) Discharge of gray or black water from motor homes, campers or trailers is permitted only at the designated dumpsite.

(e) Permits for camping in designated areas must be kept current or secured in advance from the Fairgrounds staff or onsite pay station. Payment for that day must be received by 10:00 am or within one hour after arrival to the campground.

(f) Livestock are prohibited in the campground.

(g) Within the exhibitor and spectator areas at the Boulder County Fairgrounds, livestock must be penned or tied in the barn areas or otherwise under the physical control of a person.

Livestock is defined as: “farm animals, raised for human use or profit (cattle, horses, goats, hogs, sheep, etc.)”

(h) Campground restrooms and showers may be used by registered campers only.

(i) It shall be unlawful to violate any rule or regulation contained in the Boulder County Fairgrounds Manual. Violations may result in a fine and/or expulsion from the campground.

27. Boating

(a) Boating is only permitted on waterways which are owned and/or managed as Boulder County Parks & Open Space areas if the waterway is specifically posted to allow boating and if in compliance with Article 13 of Title 33, C.R.S., as amended.

i. “Vessel” means every description of watercraft used or capable of being used as a means of transportation for persons and property on the water, other than single-chambered air-inflated devices, float tubes, or seaplanes.

ii. “Float tubes” means a single person inflatable watercraft designed for fishing and in which a fisherman is submerged below the water level. If the fisherman sits above the surface of the water, the watercraft shall be considered a vessel and is subject to the rules and regulations related to boating.

iii. “Portable vessels” means non-motorized car top boats that can be lifted onto and taken from the top of a passenger vehicle such as kayaks, stand-up paddleboards, surfboards, and canoes.

(b) Any vessel powered by the wind such as sailboats and sailboards are specifically prohibited on all Boulder County Parks & Open Space waters.

(c) Motorized vessels are prohibited on all Boulder County Parks & Open Space waters, with the exception of Lagerman Reservoir, which allows motorized vessels with electric or gasoline powered motors of 8 horsepower or less. Any motorized vessel with a motor larger than 8 horsepower shall have that motor’s propeller lifted out of the water at all times.

28. Interference and Eluding

(a) It shall be unlawful to knowingly obstruct, impair, or hinder the performance of a Boulder County Park Ranger or other Boulder County Parks & Open Space employee who is acting in the performance of their duties or to give false or misleading information with the intent to mislead said person in the performance of their duties.

(b) It shall be unlawful to evade, elude, or attempt to elude a Boulder County Park Ranger by any means or fail to comply with a lawful request to leave an Open Space area.

29. Exceptions to the Rules and Regulations

Exceptions to these Rules and Regulations as amended, re-enacted, or re-adopted, may be granted by the Board or the Director for activities that involve the management of Boulder County Parks & Open Space areas, provided these activities are undertaken or overseen by department staff, or as provided in the terms of a lease.

30. Enforcement

Pursuant to §§ 29-7-101(2) and (3) and § 30-15-401, C.R.S. et seq., as amended, it is the duty of the Boulder County Sheriff and the Sheriff’s deputies to enforce any and all of the Rules and Regulations adopted for Boulder County Parks & Open Space areas. To the extent that the Board may find it desirable to vest specific enforcement authority in designated Boulder County personnel, those individuals so vested shall also have the authority and responsibility to enforce regulations adopted for Boulder County Parks & Open Space areas. Any person who violates any of these Rules and Regulations may be expelled from Boulder County Parks & Open Space areas.

31. Interpretation of Rules and Regulations

(a) It is hereby declared to be the legislative intent that the provisions of this resolution shall be separable, in accordance with the provisions set forth as follows: If any provision of this resolution is ruled to be invalid by any court of competent jurisdiction:

i. The effect of such judgment shall be limited to that specific provision or provisions which are expressly stated in the judgment to be invalid; and

ii. Such judgment shall not affect, impair, or nullify the validity of application of the remainder of this resolution as a whole or any other part thereof, and the rest of this resolution shall continue in full force and effect.

(b) The enactment of this resolution or any amendment thereto shall not be construed as abating any action now pending under or by virtue of prior provisions, or discontinuing, abating, modifying, or altering any penalty accruing or about to accrue, or as affecting the liability of any person, or as waiving any right of the county under any provision existing prior to the adoption of this resolution, or as vacating or annulling any rights obtained by any person by lawful action of the county except as shall be expressly provided for in this resolution.

32. Penalties

Violation of any rule or regulation above shall be a civil infraction as provided for in § 29-7- 101(2) and § 30-15-402, C.R.S., as amended, and punishable by fine or as otherwise provided by law.

(a) Any person having the authority and responsibility to enforce these rules and regulations and having knowledge of any violation of the rules and regulations stated herein may issue a citation or summons and complaint to the violator or, as set forth in Rule 32(b) herein, to a vehicle, stating the nature of the violation with sufficient particularity to give notice of said charge to the violator.

(b) Any person having the authority and responsibility to enforce the rules and regulations for Boulder County Park and Open Space areas and having knowledge of any violation of the rules and regulations stated herein may use the Penalty Assessment Procedure defined under § 16-2- 201, C.R.S., as amended, by issuing the violator a penalty assessment notice and releasing the violator upon its terms. The penalty assessment notice shall be a summons and complaint and shall contain the identification of the offender, the specification of the offense, and the applicable fine. As provided in § 16-2-201(1.5), C.R.S., as amended, a penalty assessment notice may be placed on an unattended vehicle that is parked in apparent violation of any county regulation. A penalty assessment notice placed on a vehicle shall contain the license plate number and state of registration of the vehicle in lieu of the identification of the offender.

(c) When the Penalty Assessment Procedure is used, the following schedule of fines shall be used with exception for parking, weapons, hunting, and fire-related violations as noted below:

Regulations assessments: $100 (unless specified below)

Interference, Disorderly Conduct 20(a)(c), and fire-related assessments:

First offense $300 Subsequent Offenses $300 or the maximum allowable by law

Parking assessments for violation of Rule 9(c): $50

The department shall make available for inspection to the public a current copy of the existing rules and regulations relating to Boulder County Parks & Open Space areas.

[Signature Page to Follow]

A motion to approve this Resolution No. 2023-024 was made by Commissioner ____________________seconded by Commissioner ____________________ and passed by a

___________ vote.

ADOPTED as a final decision of the Board on this _______ day of April 2023.

BOARD OF COUNTY COMMISSIONERS

OF BOULDER COUNTY:

Claire Levy, Chair

Ashley Stolzmann, Vice Chair

Marta Loachamin, Commissioner

ATTEST:

Clerk to the Board