Article 9 — Windsor Zoning Code

Town Seal, Logo, Flag, Name and Property

1-6-900 Town Seal. ¶

The seal of the Town of Windsor is the same as that heretofore used and depicted below:

The Town Clerk is the custodian of the official Town Seal, Town Logo, and the Town Flag of the Town of Windsor.

(Ord. No. 2017-314, § 2, 9-6-2017)

1-6-920 Purposes Defined. ¶

[The following words and phrases whenever used in this article, shall be construed as defined in this section:]

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TOWN OF WINDSOR CODE

Private purpose, as that phrase is used herein, means and includes, but is not limited to:

a. The promotion, support or endorsement of or opposition to any candidate for a public office or the support or endorsement of or opposition to any ballot measure, initiative, referendum, or any other matter voted upon at a proper election.
b. The phrase does not include, however, any promotion, support or endorsement authorized by action of the Town Council, or the promotion, support or endorsement of a charitable or nonprofit organization.

Commercial purpose, as that phrase is used herein, means and includes, but is not limited to, the promotion, support or endorsement of any group, entity, corporation, partnership, limited liability company, firm, association, or individual which is for-profit or connected in any way with trade, commerce or business.

(Ord. No. 2017-314, § 2, 9-6-2017)

1-6-925 Use of Town Seal and/or Town Logo and/or Town Flag. ¶

The Town Seal, the Town Logo, and the Town Flag are the property of the Town of Windsor. The Town Seal, the Town Logo, and the Town Flag are, and have been, established to identify official documents and official Town personnel, facilities, property, events and publications. It is unlawful for any person to knowingly and publicly display the Town Seal, the Town Logo, or the Town Flag, or any colorable imitation sufficiently similar that it may be mistaken for the same, that has been imprinted or embossed on, or affixed, whether digitally or physically, to any item or document, including a website, that is used for a private purpose or a commercial purpose, or in any manner that may reasonably be calculated to convey the impression that the item or document

has been endorsed, authorized or approved by the Town, unless the display is authorized by the Town Manager.

(Ord. No. 2017-314, § 2, 9-6-2017)

1-6-930 Unlawful Use of Town-Owned Property. ¶

It is unlawful for any person to knowingly use any Town-owned property including, but not limited to, real or personal property, intellectual property, including, without limitation, banners on websites hosted or maintained by the Town, improvements, equipment, supplies or materials of the Town for any private purpose or commercial purpose without written authorization from the Town Manager. This prohibition shall not extend to any use of Town sidewalks or property that is otherwise protected by law.

(Ord. No. 2017-314, § 2, 9-6-2017)

1-6-935 Unlawful Use of Town Name. ¶

It is unlawful for any person, including an employee, to publicly and knowingly use, whether by imprinting on any item or publishing in any document, including, but not limited to, a website, the words "Town of Windsor" as part of a name, title or event for a private purpose or commercial purpose, or in any manner that may reasonably be calculated to convey the impression that an event, entity, organization, policy, product or person is endorsed, authorized, affiliated with, sponsored by or approved by the Town of Windsor, unless such use is authorized by the Town and written authorization for such use has been obtained from the Town Council or the Town Manager. (Ord. No. 2017-314, § 2, 9-6-2017)

1-6-940 Manufacture and Sale of Souvenirs and Decorative Items. ¶

Nothing herein shall prevent a person from manufacturing or selling non-documentary objects, such as souvenirs or decorative items, bearing the Town seal or Town Logo as part of the

(Supp. No. 50)

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1-6-950

design, provided that such person undertakes such activity pursuant to agreement with the Town, containing such requirements and limitations as the Town Manager shall deem appropriate to assure that such use is in the best interests of the Town of Windsor.

(Ord. No. 2017-314, § 2, 9-6-2017)

1-6-945 Penalty for Violation. ¶

Any person or entity violating any of the provisions hereof may be guilty of a misdemeanor and punishable as provided in Title I, Chapter 1, Section 1-1-230 of this Code. In addition to, and independent of, any criminal enforcement, the Town shall be entitled to collect from any person, firm, corporation or entity violating these provisions, and the same shall be paid upon demand by the Town, any and all revenues received by the violator from the wrongful use of the Town Seal, the Town Logo, or the Town Flag. (Ord. No. 2017-314, § 2, 9-6-2017)

1-6-950 Penalty Supplemental to Other Penalties and Remedies. ¶

The penalties imposed by the provisions hereof shall be supplemental and in addition to any other judicial and administrative penalties or remedies which may be imposed or provided by other laws, Town policies or ordinances, including, without limitation, disciplinary action, judicial order or judgment, State or Federal law. (Ord. No. 2017-314, § 2, 9-6-2017)

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1-7-100

TOWN OF WINDSOR CODE

CHAPTER 7. CAMPAIGN DISCLOSURE REQUIREMENTS

1-7-100 Findings and Purpose. ¶

Under the authority granted to the Town Council by Government Code Section 81013, which permits the imposition of additional local requirements to the Political Reform Act of 1974, the Council finds that it is in the public's interest to amplify the campaign contribution and expenditure reporting requirements in municipal elections. (Ord. No. 98-106 § 1 (part))

1-7-105 Definitions. ¶

For the purpose of this chapter, all of the definitions codified in the Political Reform Act, beginning at Government Code Section 82000 shall apply, except that "municipal election" means any general election, special initiative, referendum or recall election that only affects the Town. (Ord. No. 98-106 § 1 (part))

1-7-110 Reserved. ¶

b. All such statements or reports filed by independent committees shall, in addition to all other requirements, identify each candidate or measure for or against which each reported expenditure was made. Statements filed by independent committees shall be required to report only those expenditures in connection with communications that expressly advocate the election or defeat of a clearly identified candidate or ballot measure included in the municipal election. (Ord. No. 98-106 § 1 (part))

1-7-120 Reporting Contributions. ¶

Each campaign statement shall show the total cumulative amount of contributions received during the period covered by the statement from persons who have given fifty ($50.00) dollars or less. The statement shall also include the total cumulative amount of contributions received during the period covered by the statement from persons who have given a total of more than fifty ($50.00) dollars. Each person who has contributed more than fifty ($50.00) dollars shall be listed by name, address, occupation, employer and amount contributed. The statement shall also include an appendix that lists the gross receipts, the date and location of every fundraising event. (Ord. No. 98-106 § 1 (part))

1-7-115 Filing of Disclosure Statements. ¶

1-7-125 Reporting Expenditures. ¶

a. All elected officers, candidates and committees, including independent committees, shall file, as a public record with the Town Clerk, all semiannual statements, preelection statements, supplemental preelection statements, late contribution reports, independent expenditure reports and late independent expenditure reports with respect to a municipal election as required by the Political Reform Act of 1974, as amended. The statement or report may be completed on campaign statement forms that are required to be filed by State law, so long as such forms are completed in sufficient detail to comply with the requirements of this chapter.

Each campaign statement shall show the total amount of expenditures made during the period covered by the statement to persons who have received fifty ($50.00) dollars or less. Each person who has received a total of more than fifty ($50.00) dollars shall be listed by name and address, together with a brief description of the purpose of the expenditures. Any expenditure made on behalf of another person, whether as agent or intermediary or otherwise, shall be reported as such, including the true name of the individual on whose behalf the expenditure was made. (Ord. No. 98-106 § 1 (part))

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REVENUE AND TAXATION

2-3-100

CHAPTER 3. TRANSIENT OCCUPANCY TAX

Article 1.

Definitions

2-3-100 Definitions. ¶

For the purposes of this chapter, the following words and phrases shall, except where the context otherwise requires, have the meanings respectively ascribed to them by this section:

Booking transaction shall mean any reservation or payment service provided by a person, who facilitates the transaction of renting a residential dwelling unit between a prospective transient user and a host.

Host shall mean any person who is an owner, lessee, or sub-lessee of a residential dwelling unit, or portion thereof, offered for rent for a period of less than thirty (30) calendar days, regardless of whether such person lives in the residential dwelling unit while it is rented to a transient user. Host also includes any person who offers, facilitates, or provides services to facilitate, a vacation rental or home-share, including, but not limited to, insurance, concierge services, catering, restaurant bookings, tours, guide services, entertainment, cleaning, property management, or maintenance of the residential property or unit regardless of whether the person is an owner, lessee, or sub-lessee of a residential property or unit offered for use as a vacation rental or home-share. Any person, other than an owner, lessee, or sub-lessee, who operates home-sharing or vacation rental activities exclusively on the internet shall not be considered a host.

Hosting platform shall mean a person who participates in the short-term rental business by collecting or receiving a fee, directly or indirectly through an agent or intermediary, for conducting a booking transaction using any medium of facilitation.

Hotel shall mean any structure, or any portion of any structure, which is occupied or intended or designed for occupancy by transients for dwelling, lodging or sleeping purposes. Such term includes any hotel, inn, tourist home or house, motel, studio hotel, bachelor hotel, lodging house, rooming house, apartment house, dormitory, public or private club, mobile home or house trailer at a fixed location, or other similar structure or portion thereof. The term "hotel" does not include an organized camp, as that term is defined by section 18897 of the Health and Safety Code of the State.

Occupancy shall mean the use or possession, or the right to the use or possession of any one (1) or more rooms or portion thereof, in any hotel or dwelling for lodging or sleeping purposes.

Operator shall mean the person who is proprietor of the hotel, whether in the capacity of owner, lessee, sublessee, mortgagee in possession, licensee or any other capacity. Where the operator performs his/her functions through a managing agent of any type or character other than an employee, the managing agent shall also be deemed an operator for the purposes of this chapter, and shall have the same duties and liabilities as his/her principal. Compliance with the provisions of this chapter by either the principal or the managing agent shall, however, be considered to be compliance by both.

rms his/her functions through a managing agent of any type or character other than an employee, the managing agent shall also be deemed an operator for the purposes of this chapter, and shall have the same duties and liabilities as his/her principal. Compliance with the provisions of this chapter by either the principal or the managing agent shall, however, be considered to be compliance by both.

Person shall mean any individual, firm, partnership, joint venture, association, social club, fraternal organization, joint stock company, corporation, estate, trust, business trust, receiver, trustee, syndicate, or any other group or combination acting as a unit.

Rent shall mean the consideration charged, whether or not received, for the occupancy of space in a hotel valued in money, whether to be received in money, goods, labor or otherwise, including all receipts, cash, credits and property and services of any kind or nature, without any deduction therefrom whatsoever.

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2-3-200

Tax administrator shall mean the Town Manager.

Transient shall mean any person who exercises occupancy or is entitled to occupancy by reason of concession, permit, right of access, license or other agreement for a period of thirty (30) consecutive calendar days or less, counting portions of calendar days as full days. Any such person so occupying space in a hotel shall be deemed to be a transient until the period of thirty (30) days has expired unless there is an agreement in writing between the operator and the occupant providing for a longer period of occupancy written and signed prior to any days of occupancy claimed as non-transient days.

(Ord. No. 92-05 § 1; Ord. No. 2003-173 § 1; Ord. No. 2023-379, § 8, 6-21-2023)

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2-3-205 Exemptions. ¶

No tax levied by this chapter shall be imposed upon:

a. Any person as to whom, or any occupancy as to which, it is beyond the power of the Town to impose the tax herein provided;
b. Any Federal or State officer or employee when on official business;
c. Any officer or employee of a foreign government who is exempt by reason of express provision of Federal law or international treaty.

No exemption shall be granted except upon a claim therefor made at the time rent is collected and under penalty of perjury upon a form prescribed by the Tax Administrator. (Ord. No. 92-05 § 3)

General

2-3-200 Imposition of Tax; Payment of Tax by Transient. ¶

For the privilege of occupancy in any hotel, each transient is subject to and shall pay a tax in the amount of twelve (12%) percent of the rent charged by the operator. The tax constitutes a debt owed by the transient to the Town, which is extinguished only by payment to the operator or to the Town. The transient shall pay the tax to the operator of the hotel at the time the rent is paid. If the rent is paid in installments, a proportionate share of the tax shall be paid with each installment. The unpaid tax shall be due upon the transient's ceasing to occupy space in the hotel. If for any reason the tax due is not paid to the operator of the hotel, the Tax Administrator may require that such tax shall be paid directly to the Tax Administrator by the transient or the operator. (Ord. No. 92-05 § 2; Ord. No. 2003-173 § 2; Ord. No. 2008-248 § 1)

2-3-210 Collection of Tax; Advertisements of Assumption of Tax, Etc., Prohibited. ¶

Each operator shall collect the tax imposed by this chapter to the same extent and at the same time as the rent is collected from every transient. The amount of tax shall be separately stated from the amount of the rent charged, and each transient shall receive a receipt for payment from the operator.

Hosting platforms shall be responsible for collecting all applicable taxes imposed by this section. The hosting platform shall be considered an agent of the host for purposes of tax collections and remittance responsibilities, and shall have the same responsibilities as an operator as set forth in this section.

No operator of a hotel or hosting platform shall advertise or state in any manner, whether directly or indirectly, that the tax or any part thereof will be assumed or absorbed by the operator, or that it will not be added to the rent, or that, if added, any part will be refunded except in the

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manner provided by this chapter. (Ord. No. 92-05 § 4) (Ord. No. 2023-379, § 9, 6-21-2023)

2-3-215 Annual Registration Certificate. ¶

to collect from transients the transient occupancy tax and remitting such tax to the Tax Administrator. This certificate does not authorize any person to conduct any unlawful

In order that the Town will have an accurate record of parties collecting transient occupancy tax, each hotel operator will be required to register as hereinafter provided.

a. Prior to commencing business and annually thereafter during the month of January of each year, each operator of any hotel renting occupancy to transients shall register such hotel with the Tax Administrator and obtain from him/her an annual registration certificate to be at all times posted in a conspicuous place on the premises. Registration shall be on a calendar year basis, i.e., from January 1 through December 31, or balance of calendar year in the instance of a midyear registration. Such annual registration certificate shall, among other things, state the following:
1. Name and address of the hotel.
2. Name of the operator.
3. Name and address of owners.
4. Registration certificate number and date issued.
b. Failure to register prior to commencement of business or failure to re-register in the month of January in any year of continued operation, as above provided, shall be a misdemeanor.
c. The registration certificate shall not be transferable, and shall be returned to the Tax Administrator upon sale of property or cessation of business along with the final remittance of transient taxes due.
d. The operator named on the face of this registration certificate shall be responsible

2-08.1

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PUBLIC WELFARE

3-4-1075

3-4-1060 Selling Animals Without License Prohibited. ¶

No person shall sell, display, offer for sale, barter or give away any animal as a pet, prize, toy, premium or novelty, except a person licensed pursuant to this chapter to operate a commercial kennel, hobby kennel or pet shop, or as part of an agricultural operation, commercial hatchery or store regularly engaged in the selling of livestock, or unless such person is the owner of such animal and such sale, display, offer for sale, barter or gift occurs on the owner's premises or on the premises where the animal is boarded or kept. (Ord. No. 92-22 § 2 (part); renumbered by Ord. No. 98-107 § 16 (part))

3-4-1065 Maintenance of Exotic Animals Without Proof of Proper Approvals Prohibited. ¶

No owner of any exotic animal shall maintain such animal without proof of proper Federal and State permits, inspections and other required approvals. (Ord. No. 92-22 § 2 (part); renumbered by Ord. No. 98-107 § 16 (part))

3-4-1070 Dog Nuisances Prohibited. ¶

No owner of any dog, except a totally or partially blind person, deaf or hearing impaired person, or handicapped person using an assistance dog, shall permit or allow such dog to do any of the following:

a. Defecate on any public road or street or other public property without immediately cleaning or removing the excrement to a proper receptacle.
b. Defecate on any private property other than that of its owner without the consent of the owner, lessee or other person in control thereof.

(Ord. No. 92-22 § 2 (part); renumbered by Ord. No. 98-107 § 16 (part))

3-4-1075 Public Nuisances Prohibited. ¶

a. No owner of any animal shall do any of the following:
1. Permit such animal to obstruct the reasonable and comfortable use of property in any neighborhood or community by chasing vehicles, molesting passersby, barking, howling or making other noise.
2. Permit such animal to damage or trespass on public or private property.
3. Permit unsanitary conditions to exist on the premises where such animal is kept which would cause odors, attract flies or vermin, or which would be otherwise injurious to the public health, offensive to the senses, or an obstruction to the free use of property so as to interfere with the comfortable enjoyment of life or property by members of the neighborhood or community or any considerable number of other persons.
4. Maintain a dangerous animal in a manner that creates a significant threat to the public health, safety and welfare.
b. Any violation of this section is hereby declared to be a public nuisance.
c. Whenever the Animal Control Officer or any Animal Control Officer has reasonable cause to believe that a public nuisance as defined in this section exists, the Animal Control Officer may conduct an investigation of the alleged nuisance. Whenever it is affirmed in writing by two (2) or more persons residing in separate residences or regularly employed in the neighborhood that a public nuisance as defined in this section exists, the Animal Control Officer shall investigate the alleged nuisance; provided, however, that where there is only one (1) person residing or regularly employed within three hundred (300) feet of the alleged public nuisance, written affirmation of only that one

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(Supp. No. 53)

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TOWN OF WINDSOR CODE

(1) person shall be required for the Animal Control Officer to investigate the alleged nuisance. If, upon investigation, the Animal Control Officer determines that a public nuisance exists, the Animal Control Officer may issue an order to the owner of the offending animal directing that such nuisance be abated. In the event that the owner does not comply with the abatement order, the Animal Control Officer may immediately refer the matter to the District Attorney for prosecution of the public nuisance.

d. Any person may maintain an action under Civil Code Section 3493 for compliance with the requirements of this section.
e. Notwithstanding any of the preceding, no animal which is part of an agricultural operation exempt from being or becoming a nuisance by Civil Code Section 3482.5 shall be deemed to be a public nuisance under this section, provided such animal is owned and kept in compliance with this chapter and State law.
(Ord. No. 92-22 § 2 (part); renumbered by Ord. No. 98-107 § 16 (part))

3-4-1080 Injuring or Teasing a Police Dog. ¶

No person shall injure, tease, agitate, kick, strike, torture or otherwise interfere with any police dog while the dog is in the custody of or being used by a law enforcement officer in the performance of his/her official duties. As used in this section, police dog shall mean any dog specially trained for assistance to law enforcement officers. (Ord. No. 92-22 § 2 (part); renumbered by Ord. No. 98-107 § 16 (part))

3-4-1085 Retail Store Sales of Dogs and Cats Prohibited. ¶

a. Definitions.

nal Revenue Code, whose purpose is the rescue and placement of animals into permanent homes. This term does not include an entity that is a breeder or broker or one that obtains animals from a breeder or broker for profit or compensation.

Animal shelter means a premise operated by a governmental entity or humane society whose purpose is to house and care for animals.

Cat means any animal of the species Felis catus or any hybrid thereof, regardless of sex.

Dog means any animal of the canine species, regardless of sex.

PACFA means the Pet Animal Care Facilities Act, C.R.S. § 35-80-101 et seq.

b. It is unlawful for any retail store, owner, operator or employee to sell, display, exchange, offer for sale or adoption, advertise, auction, barter, trade, deliver, give away, lease, or otherwise transfer ownership or dispose of any dog or cat in the Town.
c. This prohibition does not apply to PACFAlicensed organizations such as humane societies, animal shelters, animal rescue organizations, or non-profit establishments that partner with these organizations.
d. Any PACFA-licensed organization listed above that offers space for the adoption of dogs or cats shall post a sign listing the name of the organization licensed by the State of Colorado from which the dog or cat was obtained.
e. A violation of this section is punishable under Section 1-4-20 of this Code.

(Ord. No. 2025-1718, § 1, 4-28-2025)

Editor’s note— Ord. No. 2025-1718, § 1, adopted Apr. 28, 2025, set out provisions intended for use as §§ 10-4-230 and 10-4-240. To preserve the style of this Code, and at the editor's discretion, these provisions have been included as § 3-4-1085.

Animal rescue organization means any not-forprofit organization which has tax-exempt status under Section 501(c)(3) of the United States Inter-

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3-4-1535

provided by law. (Ord. No. 92-22 § 2 (part); Ord. No. 98-107 § 28; Ord. No. 2006-206 § 8 (part))

3-4-1525 Separate Offense. ¶

One-half ([1] /2) to pay for humane education and training.

(Ord. No. 92-22 § 2 (part); Ord. No. 2006-206 § 8 (part))

Every person violating any provision of this chapter shall be deemed guilty of a separate offense for each day, or portion thereof, during which the violation continues, and shall be punishable therefore as provided in this article. (Ord. No. 92-22 § 2 (part); Ord. No. 2006-206 § 8 (part))

3-4-1530 Animal Control Violators School. ¶

A court of competent jurisdiction may order any person convicted of a violation of this chapter to attend a school for animal control violators for instruction in the care and control of animals, consistent with this chapter and State law. The curriculum of any such school shall be subject to the approval of the Animal Control Officer. (Ord. No. 92-22 § 2 (part); Ord. No. 2006-206 § 8 (part))

3-4-1535 Disposition of Fine. ¶

a. All fines collected for violations of Division 14 of the Food and Agricultural Code shall be paid into the Town Treasury and used as follows:
1. First, to pay fees for the issuance of licenses and permits under this chapter;
2. Second, to pay fees, salaries, costs, expenses, or any or all of them for the enforcement of this chapter;
3. Third, to pay damages to owners of livestock which are killed by dogs;
4. Fourth, to pay costs of any hospitalization or emergency care of animals pursuant to Penal Code Section 597f.
b. All fines collected for violations of this chapter shall be paid into the Town Treasury and used as follows:
1. One-half ([1] /2) as set forth in subsection a of this section;

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3-5-095

TOWN OF WINDSOR CODE

CHAPTER 5. DISTURBING THE PEACE*

deemed sufficient by the enforcement officer and which establishes a sufficient factual basis for enforcement or escalation.

(Ord. No. 2026-403, § 1, 2-4-2026)

3-5-095 Purpose and Intent. ¶

The purpose of this chapter is to preserve the public peace and welfare by protecting residents and visitors from unreasonable noise and disturbances. This chapter is intended to complement the Town's zoning-based noise standards and provide a clear, enforceable framework for addressing disruptive conduct, while balancing the need for community events, construction, and other lawful activities. This chapter is further intended to provide an administrative enforcement framework that ensures fair notice, an opportunity to be heard, and clear responsibilities for both enforcement personnel and responsible individuals. (Ord. No. 2026-403, § 1, 2-4-2026)

3-5-100 General Provisions. ¶

a. On the Police Department's first response to a complaint for disturbance of the peace, the police chief or designee shall warn the responsible individual that the disturbance must cease. A warning applies to the property for purposes of subsequent enforcement, regardless of whether the responsible individual changes. Subsequent responses to the nuisance site may result in further enforcement action, including citation or referral, as appropriate under law. The warning requirement may be waived in circumstances involving threats to safety, largescale disturbances, or violations requiring immediate corrective action.

3-5-097 Definitions. ¶

b. A disturbance of the peace shall include:

Amplified sound means any sound projected or transmitted by electronic means, including speakers, microphones, or musical instruments.

Nuisance site means a location where two (2) or more verified disturbances have occurred within a twelve-month period and for which enhanced enforcement or corrective measures may be imposed under this chapter.

Unreasonable noise means any sound that exceeds the applicable limits in Section 17.32.070 of the Zoning Code or that substantially interferes with the quiet enjoyment of property.

Verified violation means a violation documented by direct observation of an enforcement officer, credible witness statements, audio or video evidence, noise measurement confirming exceedance of zoning standards, or other reliable evidence

*Editor’s note— Ord. No. 2026-403, § 1, adopted Feb. 4, 2026, repealed the former Ch. 5, §§ 3-5-100 and 3-5-105, and enacted a new Ch. 5 as set out herein. The former Ch. 5 pertained to similar subject matter, and derived from Ord. No. 95-69, § 1.

Any unlawful fighting in a public place or challenges to another person in a public place to fight;
Any malicious and willful disturbance by loud and unreasonable noise of another person's quiet enjoyment of his or her property including noise that exceeds the standards set forth in Section 17.32.070 of the Zoning Code, or noise that substantially interferes with the quiet enjoyment of property even when decibel measurement is not practicable; or
Any use of offensive words in a public place which are inherently likely to provoke an immediate violent reaction.

c. Responsible individuals include:
1. The property owner(s);
2. The person(s) in control of the property (such as a tenant, if present); or

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PUBLIC WELFARE

3-5-105

The host(s)/hostess(es) of the party or similar gathering.

d. If a responsible individual is a minor, a parent or legal guardian may be issued an administrative citation when a parent or legal guardian failed to supervise the minor with reasonable care. Reasonable care shall be evaluated based on the totality of the circumstances, including the minor's age, the nature of the activity, and the parent or guardian's knowledge of the circumstances.
e. Persons making repeated unsubstantiated claims of disturbances or noise nuisance may be advised that further investigation will not necessarily be made, except at the discretion of the Police Department.
f. A nuisance site may be subject to enhanced enforcement measures, including increased penalties, corrective action plans, or referral under other nuisance abatement provisions of the Town Code.
(Ord. No. 2026-403, § 1, 2-4-2026)

3-5-102 Noise Permit Requirements. ¶

a. Any individual, organization, or entity intending to produce noise that may exceed the allowable limits established in Section 17.32.070 of the Zoning Code, including but not limited to amplified sound, outdoor events, construction activities outside permitted hours, or other temporary disturbances, shall obtain a noise permit from the Town prior to the activity. The Town may impose reasonable conditions on noise permits to mitigate impacts on surrounding properties, including duration limits, equipment placement requirements, and complaint-response measures.
b. The Town may revoke a noise permit if the permittee violates any permit condition, fails to comply with directions from enforcement personnel, or causes repeated disturbances re-

lated to the permitted activity. Revocation decisions may be appealed pursuant to Title I, Chapter 1, Article 3 of this Code.

(Ord. No. 2026-403, § 1, 2-4-2026)

3-5-105 Administrative Citations and Penalties. ¶

a. The Town is authorized to issue administrative citations for violations of this chapter in accordance with the procedures established in the Town Code and applicable State law.
b. Enforcement shall begin with a verbal or written warning issued by the Police Department or designated enforcement officer. Warnings may be documented electronically or in writing and may be issued to any responsible individual associated with the property or event. If the disturbance continues or recurs, administrative penalties may be imposed.
c. The amount of any administrative penalty shall be established by resolution of the Town Council and listed in the Town's Master Fee Schedule. Penalties may vary based on the nature, severity, and frequency of the violation. Penalty amounts shall not exceed applicable limits under State law and shall remain proportional to the nature of the violation.
d. Each verified violation shall constitute a separate offense. The twelve-month period for assessing repeat violations shall be measured from the date of the first citation. For repeatviolation purposes, the verified violation must be supported by reliable evidence sufficient to establish that the disturbance occurred.
e. Citations may be issued to any responsible individual as defined in Subsection 3-5-100(c), including property owners, tenants, or event hosts. Where responsibility is shared, citations may be issued to multiple responsible individuals.
(Ord. No. 2026-403, § 1, 2-4-2026)

3-32.4.1

(Supp. No. 55)

3-5-107

TOWN OF WINDSOR CODE

3-5-107 Appeals. ¶

Appeals of administrative citations issued pursuant to this chapter shall be processed in accordance with Title I, Chapter 1, Article 3 of this Code, Administrative Citations. (Ord. No. 2026-403, § 1, 2-4-2026)

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PUBLIC WELFARE

3-7-105

CHAPTER 7. STREET VENDORS

3-7-100 Purpose. ¶

The purpose of this chapter is to set forth specific regulations to govern the vending of various goods from locations that are not permanent. It is recognized that such transient operations may have negative land use, public safety, and traffic impacts which the Town desires to regulate, particularly when such operations are located near areas with heavy pedestrian and automotive traffic and areas where children congregate. (Ord. 2005-199 § 1 (part))

(Ord. No. 2023-372, § 2, 2-1-2023)

3-7-105 Definitions. ¶

Whenever used in this chapter, the following terms are defined as follows:

a. Cart means, collectively, a stationary cart or a mobile cart, which is non-motorized.
b. Mobile cart means a piece of equipment used for vending which is mobile, has no motor and is capable of being propelled by a single person. the offering of foodstuffs, goods, wares or merchandise for sale or future delivery from a fixed place of business if the place of business is open seasonally or for a period of less than six (6) months in a calendar year.
c. Mobile vending unit is a mobile food facility which is equipped and used for retail sales of prepared, prepackaged, or unprepared food or foodstuffs of any kind that parks at one (1) or more locations within the Town. A mobile vending unit shall also include any trailer or wagon equipped and used as described in this definition and pulled by a vehicle.
d. Sidewalk means any surface in the public right-of-way provided for the exclusive use of pedestrians.
- e. Sidewalk vendor means a person who sells food or merchandise from a pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other nonmotorized conveyance, upon a sidewalk or other pedestrian path.
- f. Stationary cart means a cart, which is not mobile, used for vending from a fixed location.
- g. Vending or vend means the sale or offering and exposing for sale, or solicitation of offers to purchase, or causing to be sold for cash or consideration, or soliciting, exposing, or offering for sale for delivery at a later time, any property or service by any person from public property within the Town at any location other than a building or structure constructed on a permanent foundation which is rented, leased, or owned by the person selling, offering to sell, or soliciting the sale of the property, except as provided for in Sections 3-3-100 through 3-3-305 (Solicitors and Peddlers) of this Code. Vending also means the offering of foodstuffs, goods, wares or merchandise for sale or future delivery from a fixed place of business if the place of business is open seasonally or for a period of less than six (6) months in a calendar year.
- h. Vendor or sidewalk vendor is any person engaged in vending, including itinerant merchants, street merchants and mobile vendors.
- i. Vending license (license) means a written Town approval required for each person who vends in the Town.
- j. Vending permit (permit) means a written town approval required for each cart used for vending in the town.
(Ord. 2005-199 § 1 (part); Ord. No. 2023-372, § 2, 2-1-2023; Ord. No. 2024-390, § 2, 7-17-2024; Ord. No. 2024-391, § 2, 8-7-2024)

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TOWN OF WINDSOR CODE

3-7-110 Business License; Required. ¶

It is unlawful for any person to vend any product, or to allow other persons under that person's employ to vend any product, within the corporate limits of the Town, without first licensing that business with the Town, as required in Title III, Chapter 6 of this Code. (Ord. 2005-199 § 1 (part)) (Ord. No. 2010-262, § 1, 5-5-2010; Ord. No. 2023372, § 2, 2-1-2023)

3-7-115 Property Allowed To Be Sold. ¶

a. Only the following shall be sold by sidewalk vendors:
1. Food and beverages, excluding alcoholic beverages. All food displayed, sold, or offered for sale by sidewalk vendors must be in a manner approved for sale in accordance with California Health and Safety Code, Division 104 (Environmental Health), Part 7 (California Retail Food Code).
2. Merchandise, excluding illegal and counterfeit merchandise.
b. Vending of services by sidewalk vendors is prohibited.
(Ord. 2005-199 § 1 (part); Ord. No. 2023-372, § 2,
2-1-2023; Ord. No. 2024-390, § 2, 7-17-2024)

3-7-120 Reserved. ¶

Editor’s note— Ord. No. 2024-390, § 3, adopted July 17, 2024, repealed § 3-7-120, which pertained to regulations, and derived from Ord. No. 2005-199 § 1 (part); Ord. No. 2023-372, § 2, 2-1-2023.

3-7-125 Private Property Vending. ¶

No mobile vending unit (MVU) shall stop, stand, or park, for the purpose of vending or exhibiting merchandise, at or on any privately owned property without first securing a zoning clearance in compliance with Section 27.42.020 of [the] Town of Windsor Zoning Code. The applicant shall sign a statement certifying agreement and in accordance with the applicable provisions listed herein.

Application Requirements. Zoning clearance applications for MVUs shall include:

Site plan showing the specific location(s) on which the MVU will be located.
Detailed drawings or images of the vehicle to be used.
Property owner authorization.
Proof of active food facility permit from the Sonoma County Department of Health Services.

General Mobile Vending Unit Standards. All MVUs shall adhere to the following standards:

Location. MVUs are permitted only within the light industrial (IL) zoning district when on private property. One (1) MVU is permitted per site. Multiple MVUs may be permitted on site during a special event with a limited term permit.
Time. Mobile vending is prohibited between the hours [of] 11:00 p.m. and 10:00 a.m. Extended hours may be allowed in conjunction with a special event with a limited term permit.
Accessory Equipment. MVUs may share power with the principal use on the property if it does not create a hazard to vehicles and pedestrians. If shared power is not available, MVUs shall be entirely selfcontained. No external storage, power (generator), piping or plumbing is allowed.
Operations. All items to be sold must involve a short transaction period to complete the sale and be easily carried by pedestrians. MVUs must not cause congestion or block vehicular or pedestrian traffic, nor cause undue noise, litter, or offensive odors.
Garbage and Recyclable Collection. All MVUs shall provide receptacles for trash

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and recycling. Operators must also keep the area within a twenty-five-foot radius of the vehicle or site clean and free of trash generated by the mobile food vending use.

Setbacks. The setback requirements of the underlying zoning district shall apply to MVUs.
Site Furniture. Vendors shall not use parking spaces on the site for the purpose of on-site seating if seating will adversely affect the required off-street parking available for the primary use(s) of the site during peak periods as determined by the Director.
Signage. A MVU may display signage permanently attached to or painted on the vehicle advertising its products and services. A MVU may also place one (1) freestanding 'sandwich board' sign within ten (10) feet of the vehicle that displays information such as the menu, prices, and specials of the day.
Parking and Storage of Mobile Vending Units. Outside of hours of active operations MVUs shall be removed from the operating site.

Any person who violates any provision of this chapter is guilty of a misdemeanor. (Ord. 2005-199 § 1 (part))

(Ord. No. 2023-372, § 2, 2-1-2023; Ord. No. 2024391, § 2, 8-7-2024)

3-7-130, 3-7-135 Reserved.

Editor’s note— Ord. No. 2023-372, § 2, adopted Feb. 1, 2023, repealed §§ 3-7-130 and 3-7-135, which pertained to exemptions and enforcement, respectively, and derived from Ord. No. 2005-199 § 1 (part).

3-7-140 Sidewalk Cafes. ¶

The provisions of this chapter shall not apply to any sidewalk area authorized for use as a sidewalk

cafe by a valid conditional use permit, approved by the Planning Commission or Town Council, during any time period when the sidewalk cafe is in operation. (Ord. 2005-199 § 1 (part)) (Ord. No. 2023-372, § 2, 2-1-2023)

3-7-150 Sidewalk Vending Operating Standards. ¶

a. Permit Required. Every stationary cart or mobile cart used for vending must obtain and display a valid permit. Every cart must be placed and used at all times in compliance with the terms and conditions of the permit and all other applicable laws and regulations. A person may apply for a maximum of three (3) separate permits. A permit must be renewed every year, prior to expiration. The vendor shall pay both an application and renewal fee for the permit. A permit is not transferrable to another cart.
b. Permit Application Requirements. An applicant for a permit shall present a valid identification, such as a State of California identification or any other government-issued identification and provide the following information:
1. The name, address, and telephone number of the vendor.
2. A complete list of the types of food or merchandise that will be sold.
3. The hours per day and days per week during which sidewalk vending will be conducted.
4. An application for placement of a stationary cart in a commercial or industrial area of the Town shall contain the proposed location, marked by major cross streets, and either the north, southeast or west side of the street and a photo or sketch of that location. An application for a mobile

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TOWN OF WINDSOR CODE

cart in a residential area of the Town shall contain a sketch showing the route the vendor will travel.

Proof of liability insurance.

c. General Sidewalk Vending Standards. All sidewalk vendors shall adhere to the following standards:
1. Vendor shall possess a valid California Department of Tax and Fee Administration seller's permit.
2. At all times, a vendor must be in compliance with the provisions of this Code.
3. No more than two (2) stationary carts with approved permits may be used to vend on the sidewalk of a single block face within commercial and industrial area sidewalks of the town.
4. A vendor may not use a stationary cart to vend in a residential area. Only a mobile cart may be used to vend in a residential area.
5. A vendor who vends in a residential area with a mobile cart shall move continuously, except when making a sale, which must not last longer than ten (10) minutes.
6. Every cart must not exceed a length of seventy-two (72) inches, a width of fiftyfour (54) inches, or a height, including roof or awning, of seventy-eight (78) inches. A permit application may request, and the Town may approve, a small table for condiments to be used in conjunction with a cart selling food.
7. A food vendor must provide a trash receptacle for customers and must ensure proper disposal of customer trash. The trash receptacle must be large enough to accommodate customer trash without resorting to existing trash receptacles located on

any block for use by the general public. A vendor may not dispose of customer trash in existing trash receptacles on sidewalks.

A vendor must maintain a clean and trashfree ten-foot radius from the vendor's cart during hours of operation and must leave the area clean by the approved closing time.
No cart, condiment table or vendor's trash receptacle may be left on the sidewalk after the vendor's approved closing time.
1. No cart shall be chained or fastened to any pole, sign, tree, or other object in the public right-of-way or left unattended by the vendor.
2. Vending at a Town special event for which a temporary special permit has been issued, farmers' market, or swap meet is prohibited.
3. Vending in a Town park or facility when there is an exclusive agreement in place with the Town and a food vendor is prohibited.
4. Vending in a Town park or facility between the hours of 10:00 p.m. and 8:00 a.m. is prohibited.
5. Vendors shall comply with the Americans with Disabilities Act (ADA) and shall not block any ADA path of travel.

d. Location of Sidewalk Vendors. Vending food or merchandise on Town sidewalks shall be prohibited:
1. Within five (5) feet of a marked crosswalk.
2. Within fifteen (15) feet of the curb return.
3. Within ten (10) feet of any fire hydrant, fire call box or other emergency facility.
4. Within five (5) feet ahead and forty-five (45) feet to the rear of a sign designating a bus stop.

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Within a marked bus zone.
Within five (5) feet of a bus bench.
Within fifteen (15) feet of a driveway or driveway apron.
Within eighteen (18) inches from the edge of the curb.
Where placement impedes the flow of pedestrian traffic by reducing the clear space to less than six (6) feet or impedes access to or the use of abutting property, including, but not limited to, residences and places of business.
On Town-owned property without prior Town permitting and approval.
Within five hundred (500) feet of any K-12 school from the hours of 6:00 a.m. through 6:00 p.m.
Notwithstanding any specific prohibitions in this subsection, no vendor shall install, use, or maintain a cart where placement endangers the safety of persons or property.
1. The Town may rescind the permit issued to a vendor upon the fourth violation or any subsequent violation.

b. Failure to Obtain Permit. If a vendor fails to obtain a sidewalk vending permit from the Town, vending on the sidewalk without a permit may be punishable by the following in lieu of the administrative fines set forth in subsection (a) above:
1. An administrative fine not exceeding two hundred fifty dollars ($250.00) for a first violation.
2. An administrative fine not exceeding five hundred dollars ($500.00) for a second violation within one (1) year of the first violation.
3. An administrative fine not exceeding one thousand dollars ($1,000.00) for each additional violation within one (1) year of the first violation.
(Ord. No. 2024-390, § 4, 7-17-2024)
(Ord. No. 2024-390, § 4, 7-17-2024)

3-7-160 Penalties. ¶

a. General Violations. Violation of this chapter is punishable by the following:
1. An administrative fine not exceeding one hundred dollars ($100.00) for a first violation.
2. An administrative fine not exceeding two hundred dollars ($200.00) for a second violation within one (1) year of the first violation.
3. An administrative fine not exceeding five hundred dollars ($500.00) for each additional violation within one (1) year of the first violation.

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TOWN OF WINDSOR CODE

Town Seal, Logo, Flag, Name and Property

1-6-900 Town Seal. ¶

1-6-920 Purposes Defined. ¶

1-6-925 Use of Town Seal and/or Town Logo and/or Town Flag. ¶

1-6-930 Unlawful Use of Town-Owned Property. ¶

1-6-935 Unlawful Use of Town Name. ¶

1-6-940 Manufacture and Sale of Souvenirs and Decorative Items. ¶

1-6-945 Penalty for Violation. ¶

1-6-950 Penalty Supplemental to Other Penalties and Remedies. ¶

CHAPTER 7.

CAMPAIGN DISCLOSURE REQUIREMENTS

1-7-100 Findings and Purpose. ¶

1-7-105 Definitions. ¶

1-7-110 Reserved. ¶

1-7-120 Reporting Contributions. ¶

1-7-115 Filing of Disclosure Statements. ¶

1-7-125 Reporting Expenditures. ¶

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CHAPTER 3.

TRANSIENT OCCUPANCY TAX

Article 1.

Definitions

2-3-100 Definitions. ¶

2-3-205 Exemptions. ¶

General

2-3-200 Imposition of Tax; Payment of Tax by Transient. ¶

2-3-210 Collection of Tax; Advertisements of Assumption of Tax, Etc., Prohibited. ¶

2-3-215 Annual Registration Certificate. ¶

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3-4-1060 Selling Animals Without License Prohibited. ¶

3-4-1065 Maintenance of Exotic Animals Without Proof of Proper Approvals Prohibited. ¶

3-4-1070 Dog Nuisances Prohibited. ¶

3-4-1075 Public Nuisances Prohibited. ¶

3-4-1080 Injuring or Teasing a Police Dog. ¶

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