City of Salida Code Table of Contents Chapter 1 General Provisions Article I Code Article II Definitions and Usage Article III General Article IV General Penalty Article V Inspections Article VI Seal Article VII Administrative Citations Article VIII Procedures for Hearings Chapter 2 Administration and Personnel Article I Elections Article II Mayor and City Council Article III City Administration Article IV City Employees Article V Municipal Court Article VI Police Department Article VII Boards and Commissions Article VIII Planning Commission Article IX Board of Adjustment Article X Board of Appeals Article XI Historic Preservation Commission Article XII Tree Board Article XIII SteamPlant Commission Article XIV Recreation Advisory Board Article XV Civil Emergencies Chapter 4 Revenue and Finance Article I Fiscal Year Article II General, Special and Enterprise Funds Article III Sales Tax Article IV Telephone Occupation Tax Article V Disposition of Unclaimed Property Article VI Occupational Lodging Tax Article VII Municipal Liens Chapter 5 Franchises and Communication Systems Article I Franchises Article II Emergency Telephone Charges Chapter 6 Business Licenses and Regulations Article I Alcoholic Beverages Article II Multiple Vendor Event Permit Article III Marijuana Article IV Arborist License
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City of Salida
Code Table of Contents
Chapter 1 General Provisions Article I Code Article II Definitions and Usage Article III General Article IV General Penalty Article V Inspections Article VI Seal Article VII Administrative Citations Article VIII Procedures for Hearings Chapter 2 Administration and Personnel Article I Elections Article II Mayor and City Council Article III City Administration Article IV City Employees Article V Municipal Court Article VI Police Department Article VII Boards and Commissions Article VIII Planning Commission Article IX Board of Adjustment Article X Board of Appeals Article XI Historic Preservation Commission Article XII Tree Board Article XIII SteamPlant Commission Article XIV Recreation Advisory Board Article XV Civil Emergencies Chapter 4 Revenue and Finance Article I Fiscal Year Article II General, Special and Enterprise Funds Article III Sales Tax Article IV Telephone Occupation Tax Article V Disposition of Unclaimed Property Article VI Occupational Lodging Tax Article VII Municipal Liens Chapter 5 Franchises and Communication Systems Article I Franchises Article II Emergency Telephone Charges Chapter 6 Business Licenses and Regulations Article I Alcoholic Beverages Article II Multiple Vendor Event Permit Article III Marijuana Article IV Arborist License
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Updated December 27, 2013
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Chapter 7 Health, Sanitation and Animals Article I Administration and Abatement of Nuisances Article II Nuisances Article III Garbage Article IV Weeds, Brush, Noxious Plants, and Trees Article V Animals Chapter 8 Vehicles and Traffic Article I Model Traffic Code Article II Traffic Regulations Article III Abandoned and Inoperable Vehicles Chapter 10 General Offenses Article I General Provisions Article II Government and Public Officers Article III Streets and Public Places Article IV Public, Private and Personal Property Article V Public Peace, Order and Decency Article VI Minors Article VII Alcoholic Beverages and Drugs Article VIII Weapons Article IX Noise Control Article X Miscellaneous Offenses Article XI Smoking in Public Places Chapter 11 Streets, Sidewalks and Public Property Article I General Provisions Article II Sidewalks and Curbcuts Article III Construction and Excavations Article IV Encroachments Article V Trees Article VI Parks and Recreation Article VII SteamPlant Event Center and Scout Hut Chapter 13 Municipal Utilities Article I Water and Wastewater Enterprise Article II Water and Wastewater Regulations Article III Water and Wastewater Fees, Rates and Charges Article IV Cross-Connection Control Article V Watershed Protection Chapter 16 Land Use and Development Article I General Provisions Article II Administration and Enforcement Article III Application and Review Procedures Article IV Zoning Article V Zoning Overlays Article VI Subdivision Article VII Planned Developments Article VIII Design Standards Article IX Annexation
Article X Sign Standards Article XI Flood Control Article XII Historic Preservation Chapter 18 Building Regulations Article I Building Code Article II Residential Code Article III Fire Code Article IV Existing Building Code Article V Plumbing Code Article VI Mechanical Code Article VII Electrical Code Article VIII Appeals Process Article IX Enforcement Article X Board of Appeals Article XI House Numbers Article XII Fuel Gas Code Article XIII Energy Conservation Code Article XIV Property Maintenance Code Article XV Building Permit Administration
CHAPTER 1
General Provisions
Article I Code
Sec. 1-1-10 Adoption of Code Sec. 1-1-20 Title and scope Sec. 1-1-30 Reference applies to amendments Sec. 1-1-40 Code supersedes prior ordinances Sec. 1-1-50 Adoption of secondary codes by reference Sec. 1-1-60 Repeal of ordinances not contained in Code Sec. 1-1-70 Matters not affected by repeal Sec. 1-1-80 Ordinances saved from repeal Sec. 1-1-90 Changes in previously adopted ordinances
Article II Definitions and Usage
Sec. 1-2-10 Definitions Sec. 1-2-20 Rules of construction Sec. 1-2-30 Computation of time Sec. 1-2-40 Usage of terms Sec. 1-2-50 Grammatical interpretation
Article III General
Sec. 1-3-10 Titles and headings not part of Code Sec. 1-3-20 Title of office Sec. 1-3-30 Authorized acts Sec. 1-3-40 Purpose of Code Sec. 1-3-50 Repeal of ordinances Sec. 1-3-60 Publication of ordinances Sec. 1-3-70 Amendments to Code Sec. 1-3-80 Supplementation of Code Sec. 1-3-90 Copy of Code on file Sec. 1-3-100 Severability
Article IV General Penalty
Sec. 1-4-10 Violations Sec. 1-4-20 General penalty for violation Sec. 1-4-30 Application of penalties to juveniles Sec. 1-4-40 Altering or tampering with Code; penalty Sec. 1-4-50 Penalty for violations of ordinances adopted after adoption of Code Sec. 1-4-60 Interpretation of unlawful acts Sec. 1-4-70 Administrative fees and charges
Article V Inspections
Sec. 1-5-10 Entry Sec. 1-5-20 Authority to enter premises under emergency
Article VI Seal
Sec. 1-6-10 Corporate seal
Article VII Administrative Citations Sec. 1-7-10 Administrative citations designated Sec. 1-7-20 Procedures Sec. 1-7-30 Appeal of administrative citation Sec. 1-7-40 Administrative enforcement order Sec. 1-7-50 Penalties assessed Sec. 1-7-60 Failure to pay penalties
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Article VIII Procedures for Hearings
Sec. 1-8-10 Purpose and applicability Sec. 1-8-20 Quasi-judicial hearings Sec. 1-8-30 Rules of procedure Sec. 1-8-40 Order of procedure Sec. 1-8-50 Deliberation and notice of decision Sec. 1-8-60 Judicial enforcement and review
ARTICLE I
Code
Sec. 1-1-10. Adoption of Code.
This published Code shall be known and cited as the Salida Municipal Code, and is hereby published by Colorado Code Publishing Company, of which one (1) copy is now on file in the office of the City Clerk and may be inspected during regular business hours. Said Code is hereby enacted and adopted by reference as a primary code and incorporated herein as if set out at length. This primary code has been promulgated by the City of Salida, Colorado, as a codification of all the ordinances of the City of Salida of a general and permanent nature through Ordinance No. 01, 2005, for the purpose of providing an up-to-date code of ordinances, properly organized and indexed, in published form for the use of the citizens and officers of the City. (Prior code 1-1-1; Ord. 01, 2005 §1)
Sec. 1-1-20. Title and scope.
This Code constitutes a compilation, revision and codification of all the ordinances of the City of Salida, Colorado, of a general and permanent nature, and shall be known as the Salida Municipal Code. (Ord. 01, 2005 §1)
Sec. 1-1-30. Code supersedes prior ordinances.
This Code shall supersede all other municipal codes consisting of compilations of general and permanent ordinances and parts of ordinances passed by the City Council. (Ord. 01, 2005 §1)
Sec. 1-1-40. Adoption of secondary codes by reference.
Secondary codes may be adopted by reference, as provided by state law. (Ord. 01, 2005 §1)
Sec. 1-1-50. Repeal of ordinances not contained in Code.
All existing ordinances and portions of ordinances of a general and permanent nature which are inconsistent with any ordinance included in the adoption of this Code are hereby repealed to the extent of any inconsistency therein as of the effective date of the ordinance adopting this Code, except as hereinafter provided. (Ord. 01, 2005 §1)
Sec. 1-1-60. Matters not affected by repeal.
The repeal of ordinances and parts of ordinances of a permanent and general nature by Section 1-1-50 of this Code shall not affect any offense committed or act done, any penalty or forfeiture incurred or any contract, right or obligation established prior to the time said ordinances and parts of ordinances are repealed. (Prior code 1-2-3; Ord. 01, 2005 §1)
Sec. 1-1-70. Ordinances saved from repeal.
The continuance in effect of temporary and/or special ordinances and parts of ordinances, although omitted from this Code, shall not be affected by such omission therefrom, and the adoption of this Code shall not repeal or amend any such ordinance or part of any such ordinance. Among the ordinances not repealed or amended by the adoption of this Code are ordinances:
(1) Levying a temporary tax or fixing a temporary tax rate.
(2) Appropriating money.
(3) Annexing territory to or excluding territory from the City.
(4) Granting rights-of-way or other rights and privileges to specific railroad companies or other public carriers.
(5) Granting a specific gas company or other public utility the right or privilege of constructing lines in the streets and alleys or of otherwise using the streets and alleys.
(6) Granting a franchise to a specific public utility company or establishing rights for or otherwise regulating a specific public utility company.
(7) Approving or authorizing specific contracts with the State, with other governmental bodies or with others.
(8) Relating to salaries.
(9) Establishing, creating, opening, dedicating, naming, renaming vacating or closing specific streets, alleys or other public ways.
(10) Creating specific sewer and paving districts and other local improvement districts.
(11) Authorizing or relating to specific issuances of local improvement district or general obligation bonds.
(12) Relating to specific elections.
(13) Relating to the specific lease, sale or purchase of property.
(14) Establishing the grades or lines of specific streets, sidewalks and other public ways.
(15) Making special assessments for local improvement districts and authorizing refunds from specific local improvement district bond proceeds.
(16) Dedicating or accepting any specific plat or subdivision.
(17) Authorizing specific contracts for purchase or beneficial use of water by the City.
(18) Amending the Official Zoning Map. (Prior code 1-2-1; Ord. 01, 2005 §1)
Sec. 1-1-80. Changes in previously adopted ordinances.
In compiling and preparing the ordinances of the City for adoption and revision as part of this Code, certain grammatical changes and other changes were made in one (1) or more of said ordinances. It is the intention of the City Council that all such changes be adopted as part of this Code as if the ordinances so changed had been previously formally amended to read as such. (Ord. 01, 2005 §1)
ARTICLE II
Definitions and Usage
Sec. 1-2-10. Definitions.
Whenever the following words or terms are used in the ordinances of the City of Salida and/or in this Code, they shall have the meanings herein ascribed to them, unless a different meaning is intended from the context or unless a different meaning is specifically defined and more particularly directed to the use of such words or phrases:
Agent means a person acting on behalf of another.
Child means a person under the age of eighteen (18) years.
City means the City of Salida, County of Chaffee, State of Colorado, or the area within the territorial limits of the City of Salida, Colorado, and such territory outside of the City over which the City has jurisdiction or control by virtue of any constitutional or statutory provision.
City Council means the City Council of the City of Salida.
Code means the Salida Municipal Code as published and subsequently amended, unless the context requires otherwise.
County means the County of Chaffee, State of Colorado.
C.R.S. means the Colorado Revised Statutes, including all amendments thereto.
Fee means a sum of money charged by the City for the carrying on of a business, profession or occupation.
Law denotes applicable federal law, the Constitution and statutes of the State of Colorado, the ordinances of the City and, when appropriate, any and all rules and regulations which may be promulgated thereunder.
May is permissive.
Misdemeanor, as used in this Code, means and is to be construed as any violation of this Code for which the Municipal Court may impose a penalty; and any person convicted by the Municipal Court of committing a misdemeanor, as defined in various provisions of this Code, may be fined or imprisoned as set forth in this Code.
Month means a calendar month.
Nuisance means anything offensive or obnoxious to the health and welfare of the inhabitants of the City; or any act or thing creating a hazard to or having a detrimental effect on the property of another person or the community.
Oath shall be construed to include an affirmation or declaration in all cases in which, by law, an affirmation may be substituted for an oath, and in such cases the words swear and sworn shall be equivalent to the words affirm and affirmed.
Occupant, as applied to a building or land, shall include any person who occupies the whole or any part of such building or land, whether alone or with others.
Offense means any act forbidden by any provision of this Code or the omission of any act required by the provisions of this Code.
Operator means the person who is in charge of any operation, business or profession.
Ordinance means a law of the City; provided that a temporary or special law, administrative action, order or directive may be in the form of a resolution.
Owner, applied to a building, land, motorized vehicle, animal or other real or personal property, includes any part owner, joint owner, tenant in common, joint tenant, tenant by the entirety or any other person with a possessory interest in the whole or a part of said building, land, motor vehicle, animal or other real or personal property.
Person means natural person, joint venture, joint stock company, corporation, firm, partnership, association, club, company, business, trust, organization, government or any other group acting as a unit, or the manager, lessee, agent, servant, officer or employee of any of them.
Personal property includes every description of money, goods, chattels, effects, evidence of rights in action and all written instruments by which any pecuniary obligation, right or title to property is created, acknowledged, transferred, increased, defeated, discharged or diminished and every right of interest therein.
Preceding and following mean next before and next after, respectively.
Property includes real and personal property.
Real property includes lands, tenements and hereditaments.
Shall and must are both mandatory.
Sidewalk means that portion of a street between the curbline and the adjacent property line intended for the use of pedestrians.
State means the State of Colorado.
Street includes all streets, highways, avenues, alleys, lanes, courts, boulevards, squares, places, curbs, sidewalks or other public ways in the City which have been or may hereafter be dedicated and open to public use, or such other public property so designated in any law of this State.
Tenant and occupant, applied to a building or land, includes any person who occupies all or a part of such building or land, whether alone or with others.
Written includes printed, typewritten, mimeographed, multigraphed or otherwise reproduced in permanent visible form.
Year means a calendar year. (Prior code 1-3-2; Ord. 01, 2005 §1)
Sec. 1-2-20. Computation of time.
The time within which an act is to be done shall be computed by excluding the first and including the last day; but if the time for an act to be done shall fall on Saturday, Sunday or a legal holiday, the act shall be done upon the next regular business day following such Saturday, Sunday or legal holiday. (Ord. 01, 2005 §1)
Sec. 1-2-30. Title of office.
Use of the title of any officer, employee, department, board or commission means that officer, employee, department, board or commission of the City, or his or her designated representative. (Prior code 1-3-2; Ord. 01, 2005 §1)
Sec. 1-2-40. Usage of terms.
All words and phrases shall be construed and understood according to the common and approved usage of the language; however, technical words and phrases and such others as may have acquired a peculiar and appropriate meaning in law shall be construed and understood according to such peculiar and appropriate meaning. (Ord. 01, 2005 §1)
Sec. 1-2-50. Grammatical interpretation.
The following grammatical rules shall apply to this Code and to City ordinances:
(1) Any gender includes the other genders.
(2) The singular number includes the plural and the plural includes the singular.
(3) Words used in the present tense include the past and future tenses and vice versa, unless manifestly inapplicable.
(4) Words and phrases not specifically defined shall be construed according to the context and approved usage of the language. (Prior code 1-3-1; Ord. 01, 2005 §1)
ARTICLE III
General
Sec. 1-3-10. Titles and headings not part of Code.
Chapter and Article titles, headings, numbers and titles of sections and other divisions in this Code or in supplements made to this Code are inserted in this Code, may be inserted in supplements to this Code for the convenience of persons using this Code, and are not part of this Code. (Prior code 1-3-3; Ord. 01, 2005 §1)
Sec. 1-3-20. Authorized acts.
When this Code requires an act to be done which may as well be done by an agent, designee or representative as by the principal, such requirement shall be construed to include all such acts performed when done by an authorized agent, designee or representative. (Ord. 01, 2005 §1)
Sec. 1-3-30. Prohibited acts.
Whenever in this Code or any City ordinance any act or omission is made unlawful, it includes causing, allowing, permitting, aiding, abetting, suffering or concealing the fact of such act or omission. (Ord. 01, 2005 §1)
Sec. 1-3-40. Purpose of Code.
The provisions of this Code, and all proceedings under them, are to be construed with a view to effect their objectives and to promote justice. (Ord. 01, 2005 §1)
Sec. 1-3-50. Repeal of ordinances.
The repeal of an ordinance shall not repeal the repealing clause of such ordinance or revive any ordinance which has been repealed thereby. (Ord. 01, 2005 §1)
Sec. 1-3-60. Publication of ordinances.
(a) All ordinances, as soon as possible after their passage, shall be recorded by the City Clerk in a book kept for that purpose, and authenticated by the signature of the Mayor and City Clerk.
(b) All ordinances of a general or permanent nature, and those imposing any fine, penalty or forfeiture, shall be published before and after passage in the manner provided by law in a newspaper published within and of general circulation in the City. Due proof of such publication, by an affidavit of the printer or publisher of such paper, shall be provided by the City Clerk upon demand therefor and attached to the ordinance or written or attached upon the face of the record of such ordinance.
(c) Such ordinances shall not take effect until thirty (30) days after such publication, except for ordinances calling for special elections or necessary for the immediate preservation of the public peace, health and safety and containing the reasons making the same necessary in a separate section. The excepted ordinances shall take effect upon their final passage and adoption and the approval and signature of the Mayor, if they are adopted by an affirmative vote of three-fourths (3/4) of the members of the City Council. (Prior code 1-10-2; Ord. 01, 2005 §1)
Sec. 1-3-70. Amendments to Code.
Any ordinance amending this Code shall set forth the chapter, article and section number of the section to be amended, and this shall constitute sufficient compliance with any statutory requirement pertaining to the amendment or revision by ordinance of any part of this Code. All of the substantive, permanent and general parts of said ordinances and changes made thereby shall be inserted and made in this Code as provided in Section 1-3-80 hereof. (Prior code 1-1-3; Ord. 01, 2005 §1)
Sec. 1-3-80. Supplementation of Code.
(a) The City Council shall cause supplementation of this Code to be prepared and printed from time to time as it may see fit. All substantive, permanent and general parts of ordinances passed by the City Council or adopted by initiative and referendum, and all amendments and changes in temporary and special ordinances or other measures included in this Code prior to the supplementation and since the previous supplementation, shall be included.
(b) It shall be the duty of the City Clerk, or someone authorized and directed by the City Clerk, to keep up to date the one (1) certified copy of the book containing this Code required to be filed in the office of the City Clerk for the use of the public.
(c) The City Clerk shall see that the replacement pages are properly inserted in the official copies maintained in the office of the City Clerk. Any person having in his or her custody an official copy of the Code shall make every effort to maintain said Code in an up-to-date and efficient manner. He or she shall see to the immediate insertion of new or replacement pages when such are delivered or made available to him or her through the office of the City Clerk. Said code books, while in actual possession of officials and other interested persons, shall be and remain the property of the City and shall be returned to the office of the City Clerk when the holder of said code book is directed to do so by order of the City Council. (Prior code 1-1-4; Ord. 01, 2005 §1)
Sec. 1-3-90. Examination of Code.
The Mayor and City Clerk shall carefully examine at least one (1) copy of the Code adopted by this ordinance to see that it is a true and correct copy of this Code. Similarly, after each supplement has been prepared, printed and inserted in this Code, the Mayor and City Clerk shall carefully examine at least one (1) copy of this Code as supplemented. The copy of this Code as originally adopted or amended shall constitute the permanent and general ordinances of the City and shall be so accepted by the courts of law, administrative tribunals and all others concerned, except the excluded ordinances enumerated in Section 1-1-70 of this Chapter. (Prior code 1-1-2; Ord. 01, 2005 §1)
Sec. 1-3-100. Copy of Code on file.
At least one (1) copy of this Code so certified and sealed most recently shall be kept in the office of the City Clerk at all times, and such Code may be inspected by any interested person at any time during regular office hours, but may not be removed from the City Clerk's office except upon proper order of a court of law. (Ord. 01, 2005 §1)
Sec. 1-3-110. Sale of Code books.
Copies of this Code book may be purchased from the City Clerk upon the payment of a fee to be set by resolution of the City Council. (Ord. 01, 2005 §1)
Sec. 1-3-120. Severability.
The provisions of this Code are declared to be severable, and if any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Code or any part thereof is for any reason held to be unconstitutional, invalid or ineffective by any court of competent jurisdiction, the remainder of this Code shall continue in full force and effect, it being the legislative intent that this Code would have been adopted even if such unconstitutional matter had not been included therein. It is further declared that, if any provision or part of this Code, or the application thereof to any person or circumstances, is held invalid, the remainder of this Code and the application thereof to other persons shall not be affected thereby. (Prior code 1-2-4; Ord. 01, 2005 §1)
ARTICLE IV
General Penalty
Sec. 1-4-10. Violations.
It is a violation of this Code for any person to do any act which is forbidden or declared to be unlawful or to fail to do or perform any act required in this Code. (Ord. 01, 2005 §1)
Sec. 1-4-20. General penalty for violation.
Any person who violates or fails to comply with any provision of this Code for which a different penalty is not specifically provided shall, upon conviction thereof, be punished by a fine in an amount not to exceed one thousand dollars ($1,000.00) and/or imprisonment for a term not to exceed one (1) year, except as hereinafter provided in Section 1-4-30. In addition, such person shall pay court costs. Each day such violation continues shall be considered a separate offense. (Prior code 1-4-1; Ord. 01, 2005 §1)
Sec. 1-4-30. Application of penalties to juveniles.
(a) A juvenile is a person who, at the time of commission of the offense, was at least ten (10) but not yet eighteen (18) years of age. The Municipal Court shall have jurisdiction over violations by juveniles. Every juvenile who is subsequently convicted of or pleads guilty or nolo contendere to, a violation of any provision of this Code, shall be punished by a fine of not more than one thousand dollars ($1,000.00) per violation or count.
(b) The Municipal Court shall not impose upon juveniles a jail sentence, except for the violation of traffic regulations and contempt of court. The Municipal Court may impose fines upon juveniles and the Municipal Court may order juveniles to perform useful public service. The Municipal Court may find juveniles in contempt of court for failure to obey a court order, including a court order to perform useful public service. The Municipal Court may impose a jail sentence upon a juvenile for contempt of court. A jail sentence imposed upon a juvenile shall be served in an authorized juvenile detention facility or in a temporary holding facility as defined by state law. Each sentence imposed shall be for a term not to exceed forty-eight (48) hours. One (1) jail sentence may be imposed for each traffic violation or each and every act of contempt of which a juvenile is found to be guilty. Failure to pay a fine imposed as penalty by the Municipal Court shall be deemed contempt of court and may be punished as contempt of court.
(c) Any voluntary plea of guilty or nolo contendere to the original charge or to a lesser or substituted charge shall subject the person so pleading to all fines and/or penalties applicable to the original charge. (Prior code 1-4-2; Ord. 01, 2005 §1)
Sec. 1-4-40. Application of provisions.
(a) The penalty provided in this Article shall be applicable to every section of this Code the same as though it were a part of each and every separate section. Any person convicted of a violation of any section of this Code where any duty is prescribed or obligation imposed, or where any action which is of a continuing nature is forbidden or is declared to be unlawful, shall be deemed guilty of a misdemeanor. A separate offense shall be deemed committed upon each day such duty or obligation remains unperformed or such act continues, unless otherwise specifically provided in this Code.
(b) In all cases where the same offense is made punishable or is created by different clauses or sections of this Code, the prosecuting officer may elect under which to proceed; but not more than one (1)
recovery shall be had against the same person for the same offense; provided that the revocation of a license or permit shall not be considered a recovery or penalty so as to bar any other penalty being enforced.
(c) Whenever the doing of any act or the omission to do any act constitutes a breach of any section or provision of this Code and there is no fine or penalty specifically declared for such breach, the provisions of this Article shall apply. (Prior code 1-4-3; Ord. 01, 2005 §1)
Sec. 1-4-50. Liability of officers.
(a) No provision of this Code designating the duties of any officer or employee shall be so construed as to make such officer or employee liable for any fine or penalty provided for a failure to perform such duty, unless the intention of the City Council to impose such fine or penalty on such officer or employee is specifically and clearly expressed in the section creating the duty.
(b) In the event that a lawsuit is brought in any court against any City officer or employee for acts or omissions of said officer or employee occurring during the course of his or her employment or during the course of performing his or her duties for the City, the City shall provide the legal defense for said employee if he or she so desires; however, said defense shall be provided in such manner as prescribed by the City Council. Nothing in this Subsection shall require an officer or employee to be defended by the City as provided for herein.
(c) Nothing in this Section shall be deemed to override the provisions of Title 24, Article 10, C.R.S., with respect to the City's liability for the conduct of officers or employees or for the payment of judgments rendered against its officers or employees. (Prior code 1-4-5; Ord. 01, 2005 §1)
Sec. 1-4-60. Limitations of actions.
No prosecution for the violation of any ordinance or any provision of this Code shall be commenced more than one (1) year after the violation is committed. However, the one-year period shall be tolled by the absence of the defendant from the City and shall further be tolled by all events and circumstances which would toll the statute of limitations applied to criminal prosecutions in the state courts as defined by state statute or common law. (Prior code 1-4-6; Ord. 01, 2005 §1)
Sec. 1-4-70. Altering or tampering with Code; penalty.
Any person who shall alter, change or amend this Code, except in the manner prescribed in this Article, or who shall alter or tamper with this Code in any manner so as to cause the ordinances of the City to be misrepresented thereby, shall, upon conviction thereof, be punishable as provided by Section 1-4-20 hereof. (Prior code 1-1-4; Ord. 01, 2005 §1)
Sec. 1-4-80. Penalty for violations of ordinances adopted after adoption of Code.
Any person who shall violate any provision of any ordinance of a permanent and general nature passed or adopted after adoption of this Code, either before or after it has been inserted in this Code by a supplement, shall, upon conviction thereof, be punishable as provided by Section 1-4-20 unless another penalty is specifically provided for the violation. (Ord. 01, 2005 §1)
Sec. 1-4-90. Insufficient check charge.
Checks returned for insufficient funds will result in a additional charge of nineteen dollars ($19.00) being added to the amount due for such check. The returned check will be required to be by money order or cash. (Ord. 01, 2005 §1)
Sec. 1-4-100. Interpretation of unlawful acts.
Whenever in this Code any act or omission is made unlawful, it is also unlawful to cause, allow, permit, aid, abet or suffer such unlawful act or omission. Concealing or in any manner aiding in the concealing of any unlawful act or omission is similarly unlawful. (Ord. 01, 2005 §1)
ARTICLE V
Inspections
Sec. 1-5-10. Entry.
Whenever necessary to make an inspection to enforce any provision of this Code or any ordinance, or whenever there is probable cause to believe that there exists an ordinance violation in any building or upon any premises within the jurisdiction of the City, any public inspector of the City may, upon presentation of proper credentials and upon obtaining permission of the occupant or if unoccupied, the owner, enter such building or premises at all reasonable times to inspect the same or to perform any duty imposed upon him or her by ordinance. In the event the occupant, or if unoccupied, the owner, refuses entry to such building or premises, or the public inspector is unable to obtain permission of such occupant or owner to enter such building or premises, the public inspector is empowered to seek assistance from any court of competent jurisdiction in obtaining such entry. (Ord. 01, 2005 §1)
Sec. 1-5-20. Authority to enter premises under emergency.
Law enforcement officers certified with the State, members of the Fire Department, other fire departments operating under a mutual assistance agreement or automatic aid agreement with the City, certified emergency medical technicians and paramedics during the course of employment with a governmental agency are hereby granted the authority to enter private residences within the City without invitation from the occupant of the residence at any time such person has reasonable grounds to believe a medical emergency is in progress within the subject premises and the occupant of such premises is incapable of consenting to the entry because of such medical emergency. (Ord. 01, 2005 §1)
Sec. 1-5-30. Announcement of purpose and authority to enter premises.
Unauthorized entry pursuant to Section 1-5-20 shall be permissible only after the individuals seeking entry have announced both their purpose and authority in a loud and conspicuous voice and have waited a reasonable period of time for the occupant to respond before making entry. (Ord. 01, 2005 §1)
ARTICLE VI
Seal
Sec. 1-6-10. Corporate seal.
(a) Description. The common seal of the City shall be of circular shape, in the center of which shall be the word SEAL engraved thereon, and the words CITY OF SALIDA, COLORADO surrounding the word SEAL and around the margin of said seal engraved upon the face thereof in Roman capitals. Said seal above described is hereby established and declared to be the Seal of the City.
(b) Custody and use of seal. The seal shall be kept in the office of the City Clerk, who shall be the custodian thereof. It shall be the duty of the City Clerk to affix said seal to all transcripts, orders or certificates which it may be necessary or proper to authenticate under the provisions of state statute or any ordinance of the City. Said seal shall be affixed to every contract, warrant, license or other instrument requiring the seal of the City under any state law or any ordinance of the City. (Prior code 1-10-1; Ord. 01, 2005 §1)
CHAPTER 1
GENERAL PROVISIONS
ARTICLE I
Code 1-1-10. Adoption of Code. The published code known as the Salida Municipal Code is enacted and adopted by reference as a primary code and incorporated herein as if set out at length. This primary code has been promulgated by the City of Salida, Colorado, as a codification of all the ordinances of the City of Salida of a general and permanent nature. 1-1-20. Title and scope. This Code constitutes a compilation, revision and codification of all the ordinances of the City of Salida, Colorado, of a general and permanent nature, and shall be known as the Salida Municipal Code. 1-1-30. Reference applies to amendments. Whenever a reference is made to this Code as the Salida Municipal Code, to any portion thereof or to any ordinance of the City, the reference shall apply to all amendments, corrections and additions heretofore, now or hereafter made. 1-1-40. Code supersedes prior ordinances. This Code shall supersede all other municipal codes consisting of compilations of general and permanent ordinances and parts of ordinances passed by the City Council. 1-1-50. Adoption of secondary codes by reference. Secondary codes may be adopted by reference, as provided by state law. 1-1-60. Repeal of ordinances not contained in Code. All existing ordinances and portions of ordinances of a general and permanent nature which are inconsistent with any ordinance included in the adoption of this Code are hereby repealed to the extent of any inconsistency therein as of the effective date of the ordinance adopting this Code, except as hereinafter provided. 1-1-70. Matters not affected by repeal. The repeal of ordinances and parts of ordinances of a permanent and general nature by Section 1-1-60 of this Code shall not affect any offense committed or act done, any penalty or forfeiture incurred or any contract, right or obligation established prior to the time said ordinances and parts of ordinances are repealed. 1-1-80. Ordinances saved from repeal.
(a) The continuance in effect of temporary and/or special ordinances and parts of ordinances, although omitted from this Code, shall not be affected by such omission therefrom, and the adoption of this Code shall not repeal or amend any such ordinance or part of any such ordinance. Among the ordinances not repealed or amended by the adoption of this Code are ordinances: (1) Levying a temporary tax or fixing a temporary tax rate. (2) Appropriating money. (3) Annexing territory to or excluding territory from the City. (4) Granting rights-of-way or other rights and privileges to specific railroad companies or other public carriers. (5) Granting a specific gas company or other public utility the right or privilege of
constructing lines in the streets and alleys or of otherwise using the streets and alleys. (6) Granting a franchise to a specific public utility company or establishing rights for or
otherwise regulating a specific public utility company. (7) Approving or authorizing specific contracts with the State, with other governmental
bodies or with others. (8) Relating to salaries. (9) Establishing, creating, opening, dedicating, naming, renaming vacating or closing
specific streets, alleys or other public ways. (10) Creating specific sewer and paving districts and other local improvement districts. (11) Authorizing or relating to specific issuances of local improvement district or general
obligation bonds. (12) Relating to specific elections. (13) Relating to the specific lease, sale or purchase of property. (14) Establishing the grades or lines of specific streets, sidewalks and other public ways. (15) Making special assessments for local improvement districts and authorizing refunds from
specific local improvement district bond proceeds. (16) Dedicating or accepting any specific plat or subdivision. (17) Authorizing specific contracts for purchase or beneficial use of water by the City. (18) Amending the Zoning Map. (b) All such ordinances and resolutions are hereby recognized as continuing in full force and effect to the same extent as if set out at length herein.
1-1-90. Changes in previously adopted ordinances. In compiling and preparing the ordinances of the City for adoption and revision as part of this Code, certain grammatical changes and other changes were made in one (1) or more of said ordinances. It is the intention of the City Council that all such changes be adopted as part of this Code as if the ordinances so changed had been previously formally amended to read as such.
ARTICLE II
Definitions and Usage
1-2-10. Definitions. Whenever the following words or terms are used in the ordinances of the City of Salida and/or in this Code, they shall have the meanings herein ascribed to them, unless a different meaning is intended from the context or unless a different meaning is specifically defined and more particularly directed to the use of such words or phrases: Accessory dwelling unit means means a separate, complete, dwelling unit containing separate
facilities for sleeping, cooking, and sanitation that is contained within or attached to a detached single-family dwelling or duplex dwelling, or detached from it on the same property.
Building Official means the building code inspector for the City of Salida. Child means a person under the age of eighteen (18) years City means the City of Salida, County of Chaffee, State of Colorado, or the area within the
territorial limits of the City of Salida, Colorado, and such territory outside of the City over which the City has jurisdiction or control by virtue of any constitutional or statutory provision.
City Administrator means the City Administrator of the City of Salida or his/her designee. City Council means the City Council of the City of Salida. City Engineer means the City Engineer of the City of Salida. City property means any dedicated public right-of-way or property owned by the City. Code means the Salida Municipal Code as published and subsequently amended, unless the
context requires otherwise. Comprehensive Plan means that plan and amendments thereto for the City which provides
objectives, guiding principles and recommended actions to guide the current and long-range development of the City.
County means the County of Chaffee, State of Colorado. C.R.S. means the Colorado Revised Statutes, including all amendments thereto. Developer means any person who participates in any manner in the improvements or
development of land as owner, subdivider, or in any other capacity.
Dwelling unit means a building, or any portion of a building, designed for permanent occupancy as complete, independent living quarters for one or more persons, having direct access from the outside of the building or through a common hall, and having sleeping, cooking, and sanitation facilities for the exclusive use of the occupants.
Equivalent residential unit (EQR) means an equivalent residential unit which reflects the water
demand and wastewater discharge of a detached residential unit. Fire Department means the City of Salida Fire Department. Law denotes applicable federal law, the Constitution and statutes of the State of Colorado, the
ordinances of the City and, when appropriate, any and all rules and regulations which may be promulgated thereunder.
Marijuana shall have the same meaning as “usable form of marijuana” as set forth in Amendment
20, or as may be more fully defined in any applicable law or regulation. May is permissive. Medical marijuana center shall have the same meaning as set forth at C.R.S. §12-43.3.-104(8), as
may be amended. Medical marijuana infused products shall have the same meaning as set forth at C.R.S. §12-
43.3.104(9), as may be amended. Medical marijuana infused products manufacturer shall have the same meaning as set forth at
C.R.S. §12-43.3.-104(10) for medical marijuana infused products manufacturer, as may be amended.
Misdemeanor, as used in this Code, means and is to be construed as any violation of this Code for
which the Municipal Court may impose a penalty; and any person convicted by the Municipal Court of committing a misdemeanor, as defined in various provisions of this Code, may be fined or imprisoned as set forth in this Code.
Month means a calendar month. Newspaper for purposes of the City's legal publications and legal notices, means a newspaper of
general circulation in the City which meets the requirements for a legal newspaper as established in Section 24-70-101, et seq., C.R.S.
Nuisance means anything offensive or obnoxious to the health and welfare of the inhabitants of
the City; or any act or thing creating a hazard to or having a detrimental effect on the property of another person or the community.
Oath shall be construed to include an affirmation or declaration in all cases in which, by law, an
affirmation may be substituted for an oath, and in such cases the words swear and sworn shall be equivalent to the words affirm and affirmed.
Or may be read and, and and may be read or if the sense requires it.
Occupant, as applied to a building or land, shall include any person who occupies the whole or any part of such building or land, whether alone or with others.
Offense means any act forbidden by any provision of this Code or the omission of any act
required by the provisions of this Code. Operator means the person who is in charge of any operation, business or profession. Optional premises shall have the same meaning as set forth at C.R.S. §12-43.3.-104(11), as may
be amended. Optional premises cultivation operation or cultivation operation shall have the same meaning as
set forth at C.R.S. §12-43.3.-104(12), as may be amended. Ordinance means a law of the City; provided that a temporary or special law, administrative
action, order or directive may be in the form of a resolution. Owner, applied to a building, land, motorized vehicle, animal or other real or personal property,
includes any part owner, joint owner, tenant in common, joint tenant, tenant by the entirety or any other person with a possessory interest in the whole or a part of said building, land, motor vehicle, animal or other real or personal property
Person means natural person, joint venture, joint stock company, partnership, association, club,
company, firm, corporation, business, trust or organization, or the manager, lessee, agent, servant, officer or employee of any of them. It shall also include an executor, administrator, trustee, receiver or other representative appointed according to law. Whenever the word person is used in any section of this Code prescribing a penalty or fine, as to firms, associations and other organizations, the words shall include the partners, members or agents who are responsible for any violation of such section thereof, and as to corporations, shall include the officers, agents or members thereof who are responsible for any violation of such section.
Personal property includes every species of property except real property, as herein described,
including but not limited to money, goods, chattels, things in action and evidences of debt. Primary caregiver has the meaning provided in Amendment 20, or as may be more fully defined
in any applicable state law or regulation. Property includes real, tangible, and personal property.
Public hearing means a meeting of the City Council or a board or commission of the City for the purpose of hearing comments, testimony, recommendations and other responses from the staff, the applicant, other interested parties and the public regarding the applicant's proposal which is preceded by public notice.
Public meeting means a meeting held for the purpose of conducting business for which public
notice is not required. Public notice means notice given to the public that a public hearing will be held by a decision-
making body with regard to a development application.
Public place means any street or highway, sidewalk, park, cemetery, schoolyard or open space adjacent thereto and any lake or stream that is open to the public. Public place includes any private property accessible to the public such as a trail, bike path, alley, hiking path or shopping center parking lot.
Real property includes lands, tenements and hereditaments. Right-of-way means all streets, roadways, sidewalks, alleys and all other areas reserved for
present or future use by the public as a matter of right, for the purpose of vehicular or pedestrian travel or for other public purposes.
Shall and must are both mandatory. Sidewalk means that portion of a street between the curbline and the adjacent property line
intended for the use of pedestrians. State means the State of Colorado. Street includes all streets, highways, avenues, alleys, lanes, courts, boulevards, squares, places,
curbs, sidewalks or other public ways in the City which have been or may hereafter be dedicated and open to public use, or such other public property so designated in any law of this State.
Subdivider means any person who participates in any manner in the dividing of land for the
purpose, immediate or future, of sale or development. Tenant and occupant, applied to a building or land, includes any person who occupies all or a part
of such building or land, whether alone or with others. Writing and written shall include printing, lithographing or any other mode of representing words
and letters. Year means a calendar year. 1-2-20. Rules of construction. (a) In the construction of this Code, the rules and definitions set out in this Section shall be observed, unless such construction would be inconsistent with the intent of the City Council. (b) All general provisions, terms, phrases and expressions in this Code shall be liberally construed in order that the intent and meaning of the City Council may be fully carried out. (c) The provisions of this Code shall be held to be the minimum requirements adopted for the promotion of the public health, safety, comfort, convenience and general welfare. Where any provision of the Code imposes greater restrictions upon the subject matter than another more general provision imposed by the Code or other law, the provision imposing the greater restriction or regulation shall be deemed to be controlling. (d) The provisions of this Code, and all proceedings under it, are to be construed with a view to affect their objects and to promote justice.
1-2-30. Computation of time. The time within which an act is to be done shall be computed by excluding the first and including the last day; but if the time for an act to be done shall fall on Saturday, Sunday or a legal holiday, the act shall be done upon the next regular business day following such Saturday, Sunday or legal holiday. 1-2-40. Usage of terms. All words and phrases shall be construed and understood according to the common and approved usage of the language; however, technical words and phrases and such others as may have acquired a peculiar and appropriate meaning in law shall be construed and understood according to such peculiar and appropriate meaning. 1-2-50. Grammatical interpretation. The following grammatical rules shall apply to this Code and to City ordinances: (1) Any gender includes the other genders. (2) The singular number includes the plural and the plural includes the singular. (3) Words used in the present tense include the past and future tenses and vice versa, unless
manifestly inapplicable. (4) Words and phrases not specifically defined shall be construed according to the context and approved usage of the language.
ARTICLE III
General
1-3-10. Titles and headings not part of Code. Chapter and Article titles, headings, numbers and titles of sections and other divisions in this Code or in supplements made to this Code are inserted in this Code, may be inserted in supplements to this Code for the convenience of persons using this Code, and are not part of this Code. 1-3-20. Title of office. Use of the title of any officer, employee, department, board or commission means that officer, employee, department, board or commission of the City, or his or her designated representative. Whenever reference is made to an officer, employee, official, representative, agent, department, commission or other agency, the same shall be construed as if followed by the words "of the City of Salida, Colorado." 1-3-30. Authorized acts. Whenever in accordance with this Code any specific act is required to be done by any designated department officer, official or employee of the City, such act may be performed by any duly authorized person. When this Code requires an act to be done which may as well be done by an agent, designee or representative as by the principal, such requirement shall be construed to include all such acts performed when done by an authorized agent, designee or representative.
1-3-40. Purpose of Code. The provisions of this Code, and all proceedings under them, are to be construed with a view to effect their objectives and to promote justice. 1-3-50. Repeal of ordinances. The repeal of an ordinance shall not repeal the repealing clause of such ordinance or revive any ordinance which has been repealed thereby. 1-3-60. Publication of ordinances. (a) All ordinances, as soon as possible after their passage, shall be recorded by the City Clerk in a book kept for that purpose, and authenticated by the signature of the Mayor and City Clerk. (b) All ordinances of a general or permanent nature, and those imposing any fine, penalty or forfeiture, shall be published before and after passage in the manner provided by law in a newspaper published within and of general circulation in the City. Due proof of such publication, by an affidavit of the printer or publisher of such paper, shall be provided by the City Clerk upon demand therefor and attached to the ordinance or written or attached upon the face of the record of such ordinance. (c) Such ordinances shall not take effect until thirty (30) days after such publication, except for ordinances calling for special elections or necessary for the immediate preservation of the public peace, health and safety and containing the reasons making the same necessary in a separate section. The excepted ordinances shall take effect upon their final passage and adoption and the approval and signature of the Mayor, if they are adopted by an affirmative vote of three-fourths (3/4) of the members of the City Council. 1-3-70. Amendments to Code. Any ordinance amending this Code shall set forth the chapter, article and section number of the section to be amended, and this shall constitute sufficient compliance with any statutory requirement pertaining to the amendment or revision by ordinance of any part of this Code. All of the substantive, permanent and general parts of said ordinances and changes made thereby shall be inserted and made in this Code as provided in Section 1-3-80 hereof. 1-3-80. Supplementation of Code. The City Clerk shall maintain and update the Code on a regular basis. The official version of the Code is the online version found on the City of Salida website. Supplements to this Code shall be prepared whenever authorized or directed by the City Council. A supplement to the Code shall include all substantive permanent and general parts of ordinances passed by the City Council or adopted by initiative or referendum during the period covered by the supplement and all changes made thereby in the Code. The pages of a supplement shall be so numbered that they will fit properly into the Code and will, where necessary, replace pages which have become obsolete or partially obsolete. The new pages shall be so prepared that, when they have been inserted, the Code will be current through the date of the adoption of the latest ordinance included in the supplement. 1-3-90. Copy of Code on file.
At least one (1) copy of this Code so certified and sealed most recently shall be kept in the office of the City Clerk at all times, and such Code may be inspected by any interested person at any time during regular office hours, but may not be removed from the City Clerk's office except upon proper order of a court of law. 1-3-100. Severability. The provisions of this Code are declared to be severable, and if any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Code or any part thereof is for any reason held to be unconstitutional, invalid or ineffective by any court of competent jurisdiction, the remainder of this Code shall continue in full force and effect, it being the legislative intent that this Code would have been adopted even if such unconstitutional matter had not been included therein. It is further declared that, if any provision or part of this Code, or the application thereof to any person or circumstances, is held invalid, the remainder of this Code and the application thereof to other persons shall not be affected thereby.
ARTICLE IV
General Penalty
1-4-10. Violations. (a) It is a violation of this Code for any person to do any act which is forbidden or declared to be unlawful or to fail to do or perform any act required in this Code. (b) Whenever in this Code any act or omission is made unlawful, it is also unlawful to cause, allow, permit, aid, abet or suffer such unlawful act or omission. Concealing or in any manner aiding in the concealing of any unlawful act or omission is similarly unlawful. 1-4-20. General penalty for violation. Any person who violates or fails to comply with any provision of this Code for which a different penalty is not specifically provided shall, upon conviction thereof, be punished by a fine in an amount not to exceed one thousand dollars ($1,000.00) and/or imprisonment for a term not to exceed one (1) year, except as hereinafter provided in Section 1-4-30. In addition, such person shall pay all costs and expenses in the case, including attorney fees. Each day such violation continues shall be considered a separate offense. (b) The suspension or revocation of any license, permit, or other privilege conferred by the City shall not be regarded as a penalty for the purposes of this Code, but shall be in addition to the penalty provided in Subsection (a) hereof. (c) Nothing herein shall be construed to limit the power of the Municipal Court to take such action as it may deem appropriate, in the sound exercise of its discretion, to summon, try and punish any person who may be found in contempt of the Court. (d) The Municipal Court may order payment of restitution to the damaged party by the person responsible for damage resulting from a violation of this Code. 1-4-30. Application of penalties to juveniles.
Every person who, at the time of commission of the offense, was at least ten (10) but not yet eighteen (18) years of age, and who is subsequently convicted of or pleads guilty or nolo contendere to, a violation of any provision of this Code, shall be punished by a fine of not more than one thousand dollars ($1,000.00) per violation or count. Any voluntary plea of guilty or nolo contendere to the original charge or to a lesser or substituted charge shall subject the person so pleading to all fines and/or penalties applicable to the original charge. 1-4-40. Altering or tampering with Code; penalty. Any person who shall alter, change or amend this Code, except in the manner prescribed in this Article, or who shall alter or tamper with this Code in any manner so as to cause the ordinances of the City to be misrepresented thereby, shall, upon conviction thereof, be punishable as provided by Section 1-4-20 hereof. 1-4-50. Penalty for violations of ordinances adopted after adoption of Code. Any person who shall violate any provision of any ordinance of a permanent and general nature passed or adopted after adoption of this Code, either before or after it has been inserted in this Code by a supplement, shall, upon conviction thereof, be punishable as provided by Section 1-4-20 unless another penalty is specifically provided for the violation. 1-4-60. Interpretation of unlawful acts. Whenever in this Code any act or omission is made unlawful, it is also unlawful to cause, allow, permit, aid, abet or suffer such unlawful act or omission. Concealing or in any manner aiding in the concealing of any unlawful act or omission is similarly unlawful. 1-4-70. Administrative fees and charges. The City Council is authorized to establish administrative fees and charges for all departments of the City. The amount of such fees and charges shall be established by resolution of the City Council and may be amended from time to time by resolution. Such fees and charges shall be posted at City Hall or in the appropriate office of the department.
ARTICLE V
Inspections
1-5-10. Entry. Whenever necessary to make an inspection to enforce this Code or whenever there is probable cause to believe there exists an ordinance violation in any building or upon any premises within the jurisdiction of the City, any authorized official of the City may, upon presentation of proper credentials and upon obtaining permission of the occupant or if unoccupied, the owner, enter such building or premises at all reasonable times to inspect the same or to perform any duty imposed upon him or her by this Code. Except in emergency situations or when consent of the owner and/or occupant to the inspection has been obtained, the official shall give the owner and/or occupant, if they can be located after reasonable effort, twenty-four (24) hours' written notice of intention to inspect. The notice transmitted to the owner and/or occupant shall state that the property owner has the right to refuse entry and that, if entry is refused, inspection may be made only upon issuance of a search warrant by a duly authorized magistrate. If the occupant or, if unoccupied, the owner, refuses entry to such building or premises, or the authorized official is unable to obtain permission of such occupant or owner to enter such building or
premises after the request has been made, the official may seek assistance from any court of competent jurisdiction in obtaining such entry. 1-5-20. Authority to enter premises under emergency. Law enforcement officers certified with the State, members of the Fire Department, other fire departments operating under a mutual assistance agreement or automatic aid agreement with the City, certified emergency medical technicians and paramedics during the course of employment with a governmental agency are hereby granted the authority to enter private residences within the City without invitation from the occupant of the residence at any time such person has reasonable grounds to believe a medical emergency is in progress within the subject premises and the occupant of such premises is incapable of consenting to the entry because of such medical emergency.
ARTICLE VI
Seal 1-6-10. Corporate seal. The City seal in use on the adoption date of this Code is ratified and confirmed.
ARTICLE VII
Administrative Citations
1-7-10. Administrative citations designated. (a) Any responsible party violating provisions of this Code, including but not limited to, failure to pay any fees and charges levied pursuant to this Code, may be issued an administrative citation by the City Administrator as provided in this Article. (b) Each day a violation exists or continues shall constitute a separate and distinct violation for which a separate citation may be issued. However, once a citation has been issued for a violation of this Code, no additional citation shall be issued for the same violation during the period of time stated in the citation to remedy the violation or, if the responsible party appeals, until after the appeal has been heard and the responsible party has not complied with an order of the Municipal Court. (c) Enforcement actions are intended to be cumulative in nature. The City may pursue one (1) or more civil, criminal and administrative actions, fees, fines, sentences, penalties, judgments and remedies and may do so simultaneously or in succession. 1-7-20. Procedures. (a) Upon discovering a violation of this Code, the City Administrator may issue an administrative citation to a responsible party. The City Administrator shall attempt to obtain the signature of the person receiving the citation, but failure or refusal to sign the administrative citation shall not affect the validity of the citation and subsequent proceedings. (b) If the City Administrator is unable to issue the administrative citation to an adult person, then the administrative citation shall also be sent via first-class mail to the most recent mailing address contained in the County Assessor's records for the property in violation or the property of the responsible party.
(c) Notice shall be deemed served on the date of receipt by the responsible party, if personally served, or upon the fifth day after mailing of the administrative citation. 1-7-30. Appeal of administrative citation. (a) A person served with an administrative citation may file a written notice of appeal with the City Administrator within ten (10) calendar days from the service of the notice. Failure to comply with this time limit shall bar any appeal brought under this Section. Upon receipt of a written notice of appeal, the City Administrator shall work with the Municipal Court to schedule a date, time and location for the hearing. (b) Written notice of the date, time and location of the hearing shall be personally served upon or sent by first-class mail to the responsible party at least ten (10) calendar days prior to the date of the hearing. (c) Procedure at administrative appeals. Municipal Court procedure as prescribed by statute and set forth in Chapter 2, Article II of this Code shall apply to appeals of administrative citations. The Municipal Judge may subpoena witnesses, documents and other evidence where the attendance of the witness or the admission of evidence is deemed necessary to decide the issues at the hearing. All costs related to the subpoena, including witness and mileage fees, shall be borne by the party requesting the subpoena. It is unlawful for any person to refuse to obey a subpoena issued by the Municipal Judge. Failure to obey a subpoena constitutes contempt and may be criminally prosecuted and have penalties imposed as established in this Code. (d) The City bears the burden of proof at an administrative appeal to establish the existence of a violation of the Code. (e) The standard of proof to be used by the Municipal Court in deciding the issues at an administrative appeal is by a preponderance of the evidence. (f) Any responsible party who fails to appear at the hearing is deemed to waive the right to a hearing and the adjudication of the issues related to the hearing, provided that proper notice of the hearing has been provided, and administrative costs shall be assessed in addition to any penalties. 1-7-40. Administrative enforcement order. (a) As part of the administrative enforcement order, the Municipal Court may uphold the administrative citation and all penalties; may dismiss the administrative citation and its penalties; or may reduce, waive or conditionally reduce the penalties assessed by the administrative citation. The Municipal Judge may also impose conditions and deadlines to correct the violations or require payment of any outstanding penalties. (b) It is unlawful for a responsible party to an administrative enforcement hearing who has been served with a copy of the final administrative enforcement order to fail to comply with the order. Failure to comply with a final administrative enforcement order may be criminally prosecuted and have penalties imposed Article IV of this Chapter. 1-7-50. Penalties assessed. (a) If the responsible party fails to correct the violation, subsequent administrative citations may be issued for continuing violations of the same Code section. The penalties assessed for each
administrative citation issued for continuing violations of the same Code section shall be established by resolution of City Council and amended from time to time. (b) Payment of the penalty is in addition to correcting the violations and shall not excuse the failure to correct the violations, nor shall it bar further enforcement action by the City. (c) Any other expenses incurred by the City related to the issuance and enforcement of the administrative citation may be recovered from the responsible party, including attorney fees and costs. (d) All penalties assessed shall be payable to the City. 1-7-60. Failure to pay penalties. (a) The failure of any responsible party to pay the civil penalties assessed by an administrative citation within the time specified on the citation or administrative enforcement order may result in the imposition of a late fee in an amount to be established by resolution of City Council, and amended from time to time, and interest at a rate of eighteen percent (18%) per annum on the penalty amount. (b) In the event of failure to pay all penalties assessed, the City may refer the matter for collection by whatever means are available to the City. (c) In the case of violations related to real property, the City Administrator shall record a notice of lien with the County Clerk and Recorder as a lien against the property in violation for the amounts due. The assessment shall be a lien against the property until it is paid and shall have priority over all other liens except general taxes and prior special assessments. (d) The City shall have all remedies for collection thereof provided by state statutes, for the purpose of having the assessment placed upon the tax list and collected in the same manner as taxes are now collected. The amount of such assessment may be paid to the City Clerk at any time before the tax list is placed in the hands of the County Treasurer, but thereafter only to the County Treasurer. In case the responsible party shall fail to pay such assessment within the required time as provided above, then it shall be the duty of the City Clerk to certify the amount of the assessment as provided for by state law for the collection of delinquent general taxes. (e) An action or other process provided by law may be maintained by the City to recover or collect any amounts, including late fees, interest and administrative costs, owing under this Article.
ARTICLE VIII
Procedures for Hearings
1-8-10. Purpose and applicability. The purpose of this Article is to provide a uniform, consistent and expeditious method of procedure for the conduct of all quasi-judicial hearings held before the City Council or any board or commission appointed to hear and receive evidence and render a decision on the law and facts. The provisions of this Article shall be applied uniformly in all applicable hearings. The rules contained in this Article may be supplemented by the adoption of further rules of procedure, not inconsistent with such rules, duly adopted prior to any hearing by the hearing body, official, employee or hearing officer. All rules adopted to supplement the provisions of this Article by any board, commission, official, employee or hearing officer shall be reduced to writing and copies thereof shall be made available to the public.
1-8-20. Quasi-judicial hearings. The provisions of this Article shall apply to those hearings where the City Council, board, or commission is called upon to exercise powers of a judicial or quasi-judicial nature, which shall include but not be limited to the following: (1) Hearings before the City Council upon application for the issuance of, or for the
suspension or revocation of, a liquor or fermented malt beverage license, or any other license for which the City Council acts as local licensing authority.
(2) Hearings before any board, commission or official appealing the issuance, suspension or
revocation of other licenses or permits issued by the City, when such an appeal is otherwise authorized and requires an evidentiary hearing to determine such appeal.
(3) All land use and development hearings conducted pursuant to Chapter 16 of this Code. (4) Appeals from any decision of the Building Official. (5) All appeals from the decisions of any official, board or commission, where such an
appeal is otherwise authorized and requires an evidentiary hearing to determine such appeal. 1-8-30. Rules of procedure. All quasi-judicial hearings shall be conducted under procedures designed to ensure all interested parties due process of law and shall, in all cases, provide for the following: (1) The board or commission conducting the hearing shall have authority to administer oaths
and affirmations; rule upon offers of proof; compel testimony; receive evidence; dispose of motions relating to discovery and production of relevant documents and things for inspection, copying or photocopying; regulate the course of the hearing; fix the time for filing of briefs and other documents; direct the parties to appear and confer to consider simplification of issues, admissions of facts or documents to avoid unnecessary proof and limitation of the number of witnesses; issue appropriate orders to control the subsequent course of the proceedings; dispose of motions; and control the decorum and conduct of the proceeding.
(2) Any board or commission conducting a quasi-judicial hearing shall have the power to
issue subpoenas compelling testimony or the production of documents. Pursuant to Section 13-10-112(2), C.R.S., the Municipal Judge shall have the power to enforce said subpoenas.
(3) Unless otherwise agreed to by the parties, all testimony shall be taken under oath or by
affirmation. (4) The hearing need not be conducted according to the technical rules relating to evidence
and witnesses. (5) Hearsay evidence may be used for the purpose of supplementing or explaining any direct
evidence, but shall not be sufficient in itself to support a finding, unless it would be admissible over objection in civil actions in courts of competent jurisdiction in the State.
(6) Any relevant evidence shall be admitted if it is the type of evidence on which responsible parties are accustomed to rely on in the conduct of serious affairs, regardless of the existence of any common law, statute or court rules which might make the admission of such evidence improper. Evidence which is reasonably reliable and calculated to aid the hearing body in reaching an accurate determination of the issues involved may be considered.
(7) Irrelevant and unduly repetitious evidence shall be excluded. (8) The board or commission conducting the hearing shall be permitted at the hearing to
continue the hearing, for good cause, to another date, time and place. In such an event, no advertised public notice of such continued hearing shall be required.
(9) In reaching a decision, official notice may be taken, whether before or after submission of
the case for decision, of any fact which may be judicially noticed by the courts of the State, or of official records, ordinances, rules and regulations of the City. Interested parties present at the hearing shall be informed of the matters to be noticed. These matters shall be noted in the record, referred to therein or appended thereto. Interested parties shall be given a reasonable opportunity, upon request, to refute the officially noticed matters by evidence or by written or oral presentation of authority.
(10) All hearings shall be open to the public unless otherwise authorized or permitted by
applicable law. (11) A record of the entire proceedings shall be made by tape recording or any other means of
permanent recording determined to be appropriate by the board or commission. The tape recording shall be retained by the board or commission for at least six (6) months following the hearing. The custodian of the record shall have the authority to prescribe reasonable rules and regulations regarding copying, listening to or preparing a transcript of the recording.
1-8-40. Order of procedure. (a) In all quasi-judicial hearings, the following order of procedure shall be followed, unless otherwise determined by the body or person conducting the hearing: (1) All documents or other items of physical evidence shall be marked prior to the hearing as
exhibits, with such identifying symbols as may be necessary to determine the exhibit referred to by any witness or other person.
(2) Presentation of those documents showing the regularity of the commencement of the
proceedings and the form of the public notice given, if required. (3) Presentation by City staff of its position on the matter at issue, if any, followed by
questions to the staff by members of the board or commission. (4) Presentation of evidence by the applicant, petitioner, appealing party or complainant,
followed by questions to the staff by members of the board or commission. (5) Presentation of evidence in support of or opposition to the applicant, petitioner, (6) Presentation of evidence in rebuttal to the matters presented by the opposing party.
(b) Unless the hearing is continued, the board or commission shall thereupon close the public hearing, and no further evidence or testimony may be presented or considered unless the hearing is re-opened by the board or commission. 1-8-50. Deliberation and notice of decision. If the final decision or formal action is required to be made by a board or commission, no decision or formal action shall be effective, except upon a vote of the members of said board or commission, conducted in an open session thereof, which shall be duly recorded in the minutes of the board or commission. Unless otherwise prohibited by law, a member of a board or commission who was not present during all or any part of a hearing may vote or take part in the factual determination if he or she has reviewed the entire record of the proceedings and indicates that he or she has done so before participating. The board or commission may issue an oral decision immediately upon conclusion of the evidentiary hearing. If no decision is issued at the hearing, said decision shall be rendered in writing within the time limits provided by applicable law. If no specific time limit is provided, the decision shall be rendered no later than twenty (20) days following the conclusion of the hearing. Said written decision shall contain findings of fact and conclusions of law, setting forth the grounds of the decision, based on the evidence presented at the hearing. Copies of the written decision shall be delivered to the applicant, petitioner, appellant, complainant and other interested parties requesting the same unless otherwise prohibited by applicable law. 1-8-60. Judicial enforcement and review. (a) Any party aggrieved by any decision rendered by the City Council or other board or commission with final decision making authority in any quasi-judicial hearing may apply to have said decision reviewed by a court of competent jurisdiction, in accordance with the provisions of the Colorado Rules of Civil Procedure and any other applicable law. If the applicable ordinance or law provides for further administrative appeals of the decision, the party must exhaust all such appellate remedies before appealing the matter to the courts. (b) In the event that an appeal is taken to another administrative body, board or commission or to the City Council, such appeal will be made upon the basis of the record presented at the initial hearing, and no additional evidence shall be introduced, unless the hearing is reopened for the hearing of additional evidence following notice to all parties who appeared at the initial hearing. (c) Unless otherwise provided for all appeals shall be filed with the City within fifteen (15) days of the decision being appealed.
CHAPTER 2
Administration and Personnel
Article I Elections
Sec. 2-1-10 Conduct of elections Sec. 2-1-20 Write-in candidate affidavit Sec. 2-1-30 Cancellation of election Sec. 2-1-40 Election wards and precincts Sec. 2-1-50 Ballot proposals, protests, initiatives and referenda
Article II Mayor and City Council
Sec. 2-2-10 City Council; membership; qualifications; terms; vacancies Sec. 2-2-20 Mayor Sec. 2-2-30 Mayor Pro Tem Sec. 2-2-40 Acting Mayor Sec. 2-2-50 Compensation Sec. 2-2-60 Regular meetings Sec. 2-2-70 Special meetings Sec. 2-2-80 Conduct of meetings; voting
Article III City Administration
Sec. 2-3-10 Appointed officers Sec. 2-3-20 Powers and duties of officers Sec. 2-3-30 Oath of office; bond Sec. 2-3-40 City Clerk Sec. 2-3-50 City Treasurer Sec. 2-3-60 City Attorney Sec. 2-3-70 City Administrator
Article IV City Employees
Sec. 2-4-10 Social Security coverage Sec. 2-4-20 Fire and police pension funds
Article V Municipal Court
Sec. 2-5-10 Creation of Municipal Court Sec. 2-5-20 Original jurisdiction Sec. 2-5-30 Appointment and qualification of Municipal Judge Sec. 2-5-40 Compensation of Judge Sec. 2-5-50 Oath of office Sec. 2-5-60 Court Clerk Sec. 2-5-70 Sessions generally Sec. 2-5-80 Rules of procedures Sec. 2-5-90 Verbatim record Sec. 2-5-100 Court costs Sec. 2-5-110 Contempt power Sec. 2-5-120 Sentencing procedures Sec. 2-5-130 Sentencing of juveniles
Article VI Police Department
Sec. 2-6-10 Creation; composition Sec. 2-6-20 Departmental regulations Sec. 2-6-30 Chief of Police; appointment and duties Sec. 2-6-40 Status of police officers Sec. 2-6-50 Duties of police officers Sec. 2-6-60 Oath of officers
agilpin
Typewritten Text
Article VII Boards and Commissions
Sec. 2-7-10 Appointment of board and commission members Sec. 2-7-20 Removal of board and commission members Sec. 2-7-30 Vacancies Sec. 2-7-40 Compensation Sec. 2-7-50 Meeting procedures Sec. 2-7-60 Election of officers Sec. 2-7-70 Establishment of special committees
Article VIII Planning Commission Sec. 2-8-10 Establishment Sec. 2-8-20 Purpose Sec. 2-8-30 Membership and organization Sec. 2-8-40 Term of office Sec. 2-8-50 Powers and duties
Article IX Board of Adjustment Sec. 2-9-10 Establishment Sec. 2-9-20 Membership and organization Sec. 2-9-30 Powers and duties
Article X Board of Appeals
Sec. 2-10-10 Establishment Sec. 2-10-20 Membership and organization Sec. 2-10-30 Powers and duties
Article XI Historic Preservation Commission
Sec. 2-11-10 Establishment Sec. 2-11-20 Membership and organization Sec. 2-11-30 Powers and duties
Article XII Tree Board
Sec. 2-12-10 Establishment Sec. 2-12-20 Membership and organization Sec. 2-12-30 Powers and duties
Article XIII SteamPlant Commission
Sec. 2-13-10 Establishment Sec. 2-13-20 Membership and organization Sec. 2-13-30 Powers and duties
Article XIV Recreation Advisory Board
Sec. 2-14-10 Establishment Sec. 2-14-20 Membership and organization Sec. 2-14-30 Powers and duties
Article XV Civil Emergencies
Sec. 2-15-10 Declaration of emergency Sec. 2-15-20 Restricted activity during emergency Sec. 2-15-30 Term and validity of proclamation Sec. 2-15-40 Violation
CHAPTER 2
ADMINISTRATION AND PERSONNEL
ARTICLE I
Elections 2-1-10. Conduct of elections.
(a) The Uniform Election Code of 1992, Articles 1 to 13 of Title 1, C.R.S., as amended, shall govern, in lieu of the "Colorado Municipal Election Code of 1965," the conduct of each City election which is held as a part of a coordinated election for which the County Clerk and Recorder is the coordinated election official. (b) Except as otherwise provided in subsection (a) hereof, Article 10 of Title 31, C.R.S., as amended, shall govern the conduct of City elections. 2-1-20. Write-in candidate. (a) Pursuant to Section 31-10-306, C.R.S., in any election of Mayor or Councilmember conducted pursuant to the Municipal Election Code, no write-in vote shall be counted unless an affidavit of intent has been filed with the City Clerk, by the person whose name is written in, prior to twenty (20) days before the day of the election indicating that such person desires the office and is qualified to assume the duties of that office if elected. (b) Pursuant to Sections 1-4-1101 and 1-4-1102(2), C.R.S., in any election of Mayor or Councilmember conducted pursuant to the Uniform Election Code, no write-in vote shall be counted unless an affidavit of intent has been filed with the City Clerk, by the person whose name is written in, on or before the close of business on the sixty-fourth day before the election stating that such person desires the office and is qualified to assume the duties of that office if elected. 2-1-30. Cancellation of election. (a) If the only matters before the electors is the election of persons to office and if, at the close of business on the nineteenth day before the election, there are not more candidates than offices to be filled at such election, including candidates filing affidavits of intent to be write-in candidates as set forth in Section 2-1-20 above, the City Clerk shall certify such fact to the City Council, which shall hold a meeting and may cancel the election and by resolution declare the candidates elected. (b) Notice of such cancellation shall be published, if possible, in order to inform the electors of the City, and notice of such cancellation shall be posted at each polling place and in not less than one (1) other public place. 2-1-40. Election wards and precincts. The following are the wards for the election of City Council members and the election precincts for all municipal elections: (1) Ward and Precinct No. 1: All that part of the City of Salida which lies north of the
Arkansas River and west of the following line: Commencing on the southerly side of the Arkansas River at the centerline of the abandoned D&RGW right-of-way (Monarch branch) and
thence proceeding southwesterly to Sackett Avenue; thence northwesterly along the centerline of Sackett Avenue to "I" Street; thence southwesterly along the centerline of "I" Street to Second Street; thence southeasterly along the centerline of Second Street to the abandoned right-of-way aforesaid; thence southwesterly along the centerline of said right-of-way to Fifth Street; thence southeasterly along the centerline of Fifth Street to "I" Street; thence southwesterly along the centerline of "I" Street to Seventh Street; thence Southeasterly along the centerline of Seventh Street to "H" Street; thence southwesterly along the centerline of "H" Street to Eighth Street; thence northwesterly along the centerline of Eighth Street to "I" Street; thence southwesterly along the centerline of "I" Street to U.S. Highway 50; thence due south to the city limits.
(2) Ward and Precinct No. 2: All of that part of the City of Salida which lies south of the
Arkansas River and southeasterly of Precinct No. 1 and northeasterly of the following described line: Commencing at the point where the centerline of "C" Street (extended northeasterly) meets the centerline of the Arkansas River; thence Southwesterly along "C" Street to Park Avenue; thence westerly along the centerline of Park Avenue to Teller Street; thence Southerly along the centerline of Teller Street to "C" Street; thence Southwesterly along "C" Street to Ninth Street; thence northwesterly along the centerline of Ninth Street to "D" Street; thence southwesterly along the centerline of "D" Street to Eleventh Street; thence southeasterly along the centerline of Eleventh Street to New Street; thence southerly along New Street to "C" Street; thence southwesterly along the centerline of "C" Street to U.S. Highway 50; thence due south to the City limits.
(3) Ward and Precinct No. 3: All that part of the City of Salida which lies southeasterly of
the easterly boundary of Precinct 2 and south of the Arkansas River. 2-1-50. Ballot proposals, protests, initiatives, and referenda. All matters related to the adoption of City ordinances, including, but not limited to, ballot proposals, initiated measures, ballot title protests, and citizen-initiated referenda, shall be conducted pursuant to applicable Colorado statute.
ARTICLE II
Mayor and City Council 2-2-10. City Council; membership; qualifications; terms; vacancies. (a) The City Council shall constitute the legislative body of the City, shall have the power and authority, except as otherwise provided by statute, to exercise all power conferred upon or possessed by the City, and shall have the power and authority to adopt such laws, ordinances and resolutions as it shall deem proper in the exercise thereof. (b) The City Council shall be composed of two (2) members elected from each ward of the City. Members shall serve terms of four (4) years. The terms of Council members shall be staggered, with one-half (½) of the members being elected at each regular municipal election. The terms of office of all elected City officials shall commence at the first meeting of the City Council following their election. (c) Each City Council member shall have resided in the ward from which he or she is elected for a period of at least twelve (12) consecutive months immediately preceding the date of his or her election, and shall be a registered elector therein; except that in the case where the boundaries of a ward are changed pursuant to a reorganization of the City, by redistricting or by the result of annexation, any person who has resided within the territory added to a ward for the time prescribed in this Section shall be
deemed to have met the residence requirements for election set forth herein. If, during his or her term of office, a Council member removes from or becomes a nonresident of the ward in which he or she was elected, such office shall be deemed vacant effective upon the adoption by the City Council of a resolution declaring such vacancy. (d) All vacancies on the City Council created other than by the regular expiration of a term shall be filled by appointment made upon a majority vote of the membership of the City Council within sixty (60) days after the vacancy occurs. Persons appointed to fill a vacancy shall serve until the next regular municipal election, at which time a successor shall be elected to serve out the remainder of any uncompleted term. 2-2-20. Mayor. (a) The Mayor shall be elected by a plurality of votes cast for that office at the regular City election, and shall be a registered elector who has resided within the City limits for a period of at least twelve (12) consecutive months immediately preceding the date of election; except that in the case of annexation, any person who has resided within the territory annexed to the City for the time prescribed in this Section shall be deemed to have met the residency requirement for election set forth herein. The Mayor shall be elected to serve a term of two (2) years. In the event of a vacancy in the office of Mayor, such vacancy shall be filled in the same manner as a vacancy in the office of Council member, as set forth in Section 2-2-10 above. (b) The Mayor shall preside over all meetings of the City Council and shall perform such duties as may be required of him or her by statute or ordinance. Insofar as is required by statute and for all ceremonial purposes, the Mayor shall be the executive head of the City. (c) The Mayor shall not be entitled to vote on any matter before the City Council, except in the case of a tie vote. Notwithstanding the foregoing, all ordinances or resolutions authorizing the expenditure of money or the entering into contracts shall be subject to disapproval by the Mayor as provided in Section 31-16-104, C.R.S. (d) The Mayor or City Administrator shall execute and authenticate by his or her signature all bonds, warrants, contracts and instruments of and concerning the business of the City, as the Council members or any statutes or ordinances may require, subject to the provisions of Subsection (c) above. (e) Except as may be required by statute, the Mayor shall exercise only such powers as the Council members shall specifically confer upon him or her. 2-2-30. Mayor Pro Tem. (a) The City Council may elect one (1) of its members to serve as Mayor Pro Tem, who shall perform the duties of the Mayor in the event the Mayor is absent from the City or temporarily unable to perform the duties of his or her office. In the absence of the Mayor from any meeting of the City Council, during the absence of the Mayor from the City or during the inability of the Mayor to act, the Mayor Pro Tem shall perform the duties of the Mayor, except that the Mayor Pro Tem shall not be entitled to disapprove ordinances or resolutions pursuant to Section 31-16-104, C.R.S. When presiding over a meeting of the City Council in the absence of the Mayor, the Mayor Pro Tem shall exercise his or her voting powers as a Council member. 2-2-40. Acting Mayor.
In the event of the absence or disability of both the Mayor and the Mayor Pro Tem, the Council members may designate another Council member to serve as acting Mayor during such absence or disability. 2-2-50. Compensation. (a) The Mayor and Council members shall be paid monthly as provided by ordinance and amended from time to time. (b) The compensation paid to any member of the City Council, including the Mayor, shall not be increased or diminished for the term of office for which he or she has been elected or appointed. Any Mayor or Council member who has resigned or vacated an office prior to the end of his or her elective or appointed term shall not be eligible to election or reappointment to the same during such term if the rate of compensation has been increased. (c) The Mayor and Council members shall be allowed to participate in the City's employee retirement program on the same basis as other City employees. 2-2-60. Regular meetings. The City Council shall establish such dates and times for regular Council meetings as it deems appropriate and necessary for the effective and proper transaction of City business. Not less than two (2) regular meetings of the City Council shall be scheduled per month. Notwithstanding the foregoing, a scheduled regular meeting of the City Council may be canceled upon a majority vote of the Council membership, or for lack of a quorum. All regular meetings shall be conducted in the meeting chambers at 448 East 1st Street, Salida, Colorado, unless otherwise designated by the City Council in advance. 2-2-70. Special meetings. (a) The Mayor and any three (3) members of the City Council may call a special meeting by having written notice of such meeting personally served on all other Council members, or left at their usual place of residence. Except in cases of emergency, special meetings shall not be conducted except upon twenty-four (24) hours' notice. (b) Special meetings may also be called by majority vote of the membership of the City Council taken and announced at a regular Council meeting. Notice of such meeting shall be given to any member of the City Council not in attendance. (c) Should the City Council convene for a special meeting pursuant to a request of an interested party for the purpose of accommodating time constraints of said interested party, the City Council may, in its discretion, assess fees for the special meeting against the interested party. The City Council may from time to time by resolution adopt a schedule of fees which may be assessed for special meetings. Said fees shall reasonably compensate the staff of the City and the City Attorney for time spent in preparation for attendance at special meetings. 2-2-80. Conduct of meetings; voting. (a) Meetings of the City Council shall be conducted by the Mayor, according to Robert's Rules of Order, Revised.
(b) Three (3) Council members and the Mayor, or four (4) Council members, shall constitute a quorum to do business at all meetings of the City Council. Each Council member shall vote upon every question presented, on motion, duly seconded, unless allowed by the City Council to abstain. The Mayor shall preside at all meetings of the City Council and shall be entitled to vote only as authorized by Subsection 2-2-20(c) of this Article. Upon the taking of any vote, the City Clerk shall record in the minutes the names of those voting and their votes. (c) At the hour appointed for meeting, the members shall be called to order by the Mayor or, in his or her absence, by the Mayor Pro Tem, and the City Clerk shall proceed to call the roll, note the absentees and announce whether a quorum is present. If a quorum is present, the City Council shall proceed with the business before it, in the manner and order as established by the City Council.
ARTICLE III
City Administration
2-3-10. Appointed officers. (a) The following City officers shall be appointed by a majority of all the members of City Council and shall also serve as department heads: (1) City Administrator. (2) City Attorney. (3) Municipal Judge. (4) Municipal Prosecutor. (b) Appointed officers or employees of the City need not reside within the limits of the City, with the exception of the City Administrator. (c) All officers of the City except the Municipal Judge shall serve at the pleasure of the City Council. City officers shall hold office from the time of their appointment and qualification until their successors are appointed and qualified. Vacancies shall be filled by appointment of the City Council. 2-3-20. Powers and duties of officers. Appointed officers of the City shall have such power and perform such duties as are now or hereafter may be prescribed by state law and the ordinances of the City, shall further perform any additional duties required by the City Council, and shall be subject to the control and orders of the City Council. 2-3-30. Oath of office; bond. (a) When required by the City Council, each officer or employee, before entering upon the duties of his or her office, shall take and subscribe to an oath to support the Constitutions and laws of the United States and the State and the ordinances of the City. (b) In all cases where, by law, ordinance or resolution of the City Council, a bond is required of any such officer, he or she shall make and execute to the City a bond in such sum as is required, to be approved by the City Council, conditioned upon the faithful performance of all duties pertaining to such
office, the proper care of all money or property of the City coming into his or her hands and the proper accounting for or delivery of the same. 2-3-40. City Clerk. (a) Election; term; vacancies. The registered electors of the City shall elect a City Clerk who shall serve a term of four (4) years. Any vacancy in the office of City Clerk caused by other than the regular expiration of a term shall be filled by appointment made upon a majority vote of the members of City Council within sixty (60) days after the vacancy occurs. A person appointed to fill a vacancy shall serve until the next regular municipal election, at which time a successor shall be elected to serve out the remainder of any uncompleted term. The offices of City Clerk and City Treasurer may be held by the same person. The City Clerk shall receive such compensation as established by ordinance of the City Council and amended from time to time. (b) Duties. The City Clerk shall have the duties prescribed by C.R.S. §31-4-110. 2-3-50. City Treasurer. (a) Election; term; vacancies. The registered electors of the City shall elect a City Treasurer who shall serve a term of four (4) years. Any vacancy in the office of City Treasurer caused by other than the regular expiration of a term shall be filled by appointment made upon a majority vote of the members of City Council within sixty (60) days after the vacancy occurs. A person appointed to fill a vacancy shall serve until the next regular municipal election, at which time a successor shall be elected to serve out the remainder of any uncompleted term. The offices of City Treasurer and City Clerk may be held by the same person. The City Treasurer shall receive such compensation as established by ordinance of the City Council and amended from time to time. (b) Duties. The City Treasurer shall perform those functions as set forth in Section 31-20-301, C.R.S., and such other duties as prescribed by City ordinance 2-3-60. City Attorney. (a) Appointed by the City Council, the City Attorney shall, whenever required, give legal advice to the City Council and all other officers of the City; and shall, when necessary, give an opinion in writing upon any legal question coming before the City Council, the Mayor or any of the appointed officers of the City. When deemed necessary by the City Council, the City Attorney shall attend the meetings thereof. When requested by the City Council, the City Attorney shall appear on behalf of the City in suits or proceedings involving the City in any court where the same may be pending, or about to be instituted by the City, and defend or prosecute the same as the case may be. (b) In lieu of appointing a City Attorney who is a department head and an appointed officer as defined by this Code, the City Council may, at its discretion, contract with an attorney or law firm to provide legal services for the City on such terms and for such compensation as the City Council deems advisable. Such attorney or law firm shall fulfill the function of the City Attorney as defined by state statute, but shall be deemed an independent contractor, not an employee of the City. 2-3-70. City Administrator.
(a) The City Council shall appoint a City Administrator who shall serve at the pleasure of the City Council and who may be suspended or removed from office upon a majority vote of all the members of the City Council. The purpose of the office of the City Administrator is to provide the centralization of
the administrative responsibilities of the City, with the City Administrator to be the administrative head of the City government under the direction and control of the Mayor and City Council and to be responsible to the Mayor and City Council for the efficient conduct of his or her office. The City Administrator shall have such authority and perform such duties as provided in this Code, the City Personnel Manual, and as otherwise delegated or assigned to the City Administrator by the City Council. (b) The City Administrator is the personnel director of the City and is charged with establishing appropriate personnel rules and regulations in compliance with state and federal laws, subject to the approval of the City Council. As the chief administrative officer, the City Administrator shall have the responsibility and authority to appoint, supervise and discharge all non-elected department heads and employees, excepting the City Attorney, the Municipal Prosecutor, and the Municipal Judge, who shall be appointed and removed from office by a majority vote of all of the members of the City Council. (c) The City Council, by majority vote of members present, shall appoint a department head of the City to serve as Acting City Administrator during the temporary disability or absence from the City of the City Administrator. Such nominee shall perform all the duties and exercise all of the powers of the City Administrator and shall receive such compensation therefor as specifically authorized by the City Council. In the event of a vacancy in the office of City Administrator, an interim appointment shall be made by the City Council within thirty (30) days, and a new administrator shall be appointed as soon thereafter as reasonably possible.
ARTICLE IV
City Employees 2-4-10. Social Security coverage. The City is hereby authorized to execute and deliver to the Department of Employment Security, State of Colorado, a plan and agreement, required under Section 5 of the Colorado Enabling Act and the Social Security Act, to extend coverage to employees and officers of the City and do all other necessary things to effectuate coverage of employees and officers under the Old-Age and Survivors Insurance System. Fulltime fire and police officers have a contribution to their pension plans in lieu of Social Security. Medicare tax is collected for fire and police officers. 2-4-20. Fire and police pension funds. In accordance with Article 31 of Title 31, C.R.S., establishing the Colorado Fire and Police Pension Authority, the City collects and contributes for all fulltime fire and police officers to the defined benefit contribution plan.
ARTICLE V
Municipal Court
2-5-10. Creation of Municipal Court.
A Municipal Court in and for the City is hereby created and established pursuant to and governed by the provisions of state law. 2-5-20. Original jurisdiction.
The Municipal Court shall have original jurisdiction of all cases arising under the provisions of this Code and ordinances of the City, with full power to punish violators thereof by the imposition of such fines and penalties as are prescribed in this Code or by ordinance. 2-5-30. Appointment and qualification of Municipal Judge. The Municipal Court shall be presided over by a Municipal Judge who shall be appointed to office for a two year term in accordance with Section 13-10-105, C.R.S, unless removed during such term by the City Council in accordance with Section 13-10-105(2), C.R.S. The Municipal Judge must also be a resident and qualified elector of the County or of a county adjoining the County. Additional judges as may be needed to transact the business of the Court may be appointed by the City Council for such terms as necessary. 2-5-40. Compensation of Judge.
The compensation of the Municipal Judge shall be an annual salary in an amount set by ordinance of the City Council, and shall be payable monthly. 2-5-50. Oath of office.
Before entering upon the duties of his or her office, the Municipal Judge shall make an oath or affirmation that he or she will support the Constitution of the United States, the Constitution of the State and the ordinances of the City, and that he or she will faithfully perform the duties of his or her office. 2-5-60. Court Clerk. The City Administrator, with the approval of the City Council, may appoint a person to serve as Court Clerk, whose duties shall be those assigned by the Municipal Judge. The Municipal Judge may also act as Court Clerk in accordance with state statutes. 2-5-70. Sessions generally. (a) There shall be regular sessions of the Municipal Court for the trial of cases as may be fixed by the Municipal Judge. The Municipal Judge may hold a special session of court at any time, including Sundays, holidays and night court. (b) All sessions shall be open to the public. Where the nature of the case is such that it would be in the best interest of justice to exclude persons not directly connected with the proceeding, the Municipal Judge may order that the courtroom be cleared. 2-5-80. Rules of procedure.
(a) The procedures of the Municipal Court shall be in accordance with the Municipal Court Rules of Procedure as promulgated by the Colorado Supreme Court. (b) In addition to other powers, the Municipal Judge shall have full power and authority to make and adopt rules and regulations for conducting the business of the Municipal Court, consistent with the Municipal Court Rules of Procedure promulgated by the Colorado Supreme Court. 2-5-90. Verbatim record.
A verbatim record of all proceedings and evidence at trials shall be kept by either electric device or stenographic means. 2-5-100. Court costs.
Whenever a person is convicted of a violation of this Code by the Municipal Court, the Municipal Judge shall impose court costs upon that person in an amount to be designated by resolution of the City Council. The resolution designating the amount of costs may specify whether costs may be suspended by the Municipal Court, and may specify that certain amounts of the costs shall be donated toward various law enforcement-related activities.
2-5-110. Contempt power.
(a) Any person whom the Municipal Court determines to have willfully failed to obey an order of the Municipal Court, including an order to pay a fine, may be found by the Municipal Court to be in contempt of the Court and may be punished for contempt. The punishment for contempt shall be at the discretion of the Municipal Court but shall not exceed the punishment prescribed for the violation of this Code and commission of misdemeanors. (b) In cases of indirect contempt, the alleged contemnor shall have all the rights, privileges, safeguards and protections of a defendant in a petty offense case, including but not limited to a formal written complaint, arraignment and trial by jury. 2-5-120. Sentencing procedures. (a) Restitution. As a condition of a suspended sentence, deferred sentence agreement or sentence to probation, the Municipal Court may provide that the defendant make restitution to the victim of his or her conduct or to a member of the victim's immediate family for the actual damages which were sustained by the victim as a result of the defendant's criminal conduct. The amount of such restitution shall be based on actual, pecuniary damages sustained by the victim, the ability of the defendant to pay, and the defendant's obligation to support his or her dependents and to meet other family obligations. The Court shall fix the time and manner of performance. For the purposes of this Section, immediate family includes the victim's spouse, and the victim's parent, sibling or child who is living with the victim. If the defendant fails to pay ordered restitution, he or she shall be returned to the Municipal Court which, upon proof of failure to pay, may: (a) modify the amount of restitution; (b) extend the time of probation; (c) order the defendant committed to jail with work release privileges; or (d) revoke probation and impose the sentence which had been suspended during the term of probation. As used in this Section, the term victim means the party immediately and directly aggrieved by a defendant who is convicted of a criminal act and who is granted probation. (b) Community or useful public service. Under the terms of Section 16-11-701, C.R.S., there is hereby established within the City a program of community or useful public service. Said program shall be supervised by the City Administrator or the City Clerk. The program may accept persons sentenced to community or useful public service by either the state courts or by the Municipal Court. In imposing a sentence to community or useful public service, the Municipal Court may impose upon a convicted defendant additional costs in an amount as established by resolution of City Council, and amended from time to time, to compensate the City for the cost of supervising the program and the cost of such insurance as the City may obtain for those persons in the program. (c) Employment status. Those persons in the community or useful public service program of the City, whether sentenced to that program by the state courts or by the Municipal Court, shall not be
deemed employees of the City. Consistent with the terms of Section 16-11-701, C.R.S., those persons shall not be entitled to benefits and the City shall not be liable with respect to those persons under the Workers' Compensation Act of Colorado or the Colorado Employment Security Act. The City may, at its option, provide medical insurance for those persons for the times during which they are working in the community or useful public service program. 2-5-130. Sentencing of juveniles.
(a) The Municipal Court shall not impose jail sentences upon juveniles except for traffic violations and contempt of court. Jail sentences imposed upon juveniles shall be served in a juvenile detention facility or temporary holding facility as authorized by state statute and shall not exceed forty-eight (48) hours. One (1) jail sentence may be imposed for each separate traffic violation or each separate act or omission for which the Municipal Court finds a juvenile in contempt. (b) As punishment for violation of this Code, the Municipal Court may order a juvenile to perform useful public service as described in Section 2-5-130(b) above. Useful public service imposed by the Court shall be served under the supervision of the City Administrator as provided for in Section 2-5-130(b) above or, at the discretion of the Court, may be served under the auspices of any other local community or governmental organization. The Court may impose upon the juvenile so sentenced the obligation to provide proof that he or she has complied with the public service requirements.
ARTICLE VI
Police Department 2-6-10. Creation; composition. There is hereby established a Police Department for the City, which shall consist of one (1) Chief of Police and as many police officers as may from time to time be deemed necessary for the safety and good order of the City. 2-6-20. Departmental regulations.
The Police Department shall be operated and managed in accordance with such departmental rules and regulations as may from time to time be adopted by the City Council. 2-6-30. Chief of Police; appointment and duties.
(a) The immediate head of the Police Department shall be a Chief of Police who shall be a department head. It shall be the duty of the Chief of Police to: (1) See that the ordinances of the City and the laws of the State are duly enforced and the
rules and regulations of the Police Department obeyed, and perform such duties as may be required by the City Council.
(2) Direct the operations of the Police Department, subject to the rules and regulations
thereof. (3) Render such accounts of the Police Department, his or her duties and receipts as may be
required by the City Council, and keep the records of his or her office open to inspection by the City Council at any time.
(b) Before entering upon the duties of such office, the Chief of Police shall take and subscribe to an oath that he or she will support the Constitution of the United States, the Constitution and laws of the State and ordinances of the City, and that he or she will faithfully perform the duties of the office upon which he or she is about to enter. 2-6-40. Status of police officers. (a) Members of the Police Department shall be employees of the City, and their hiring, discharge and discipline shall be done in a manner consistent with this Article. (b) Members of the Police Department may become deputy sheriffs within the County and may cooperate with the County Sheriff, the Colorado State Patrol and other law enforcement agencies within and without the City as directed by the Chief of Police or by the Mayor. 2-6-50. Duties of police officers. (a) Under the direction of the Mayor, the police officers shall conserve the peace within the City and cause the ordinances and regulations of the City to be faithfully and constantly obeyed. The police officers shall also attend to enforcement of the state laws within the City. All members of the Police Department shall have power and duties as follows: (1) They shall perform all duties required by the Chief of Police. (2) They shall be the enforcement officers of the City and shall see that the provisions of the ordinances of the City and the laws of the State are complied with. (3) They shall execute and return all writs and processes to them directed by the Municipal
Judge in any case arising under a City ordinance, and they may serve the same in any part of the County.
(b) The police officers and members of the Fire Department and Public Works Department may break and enter into any premises within the City when the same is necessary to preserve lives or property. Where practical, the owner or occupant of premises to be entered shall be contacted before entry. If impractical, entry may be made without the knowledge or consent of the owner or occupant thereof. 2-6-60. Oath of officers. Before entering upon the duties of his or her office, each police officer shall take and subscribe an oath that he or she will support the Constitution of the United States, the Constitution and laws of the State and the ordinances of the City, and that he or she will faithfully perform the duties of the office upon which he or she is about to enter.
ARTICLE VII
Boards and Commissions
2-7-10. Appointment of board and commission members.
Except as may be otherwise expressly provided herein, all board and commission members and alternates shall be residents of the City appointed by a majority of the City Council.
2-7-20. Removal of board and commission members. (a) Except as may be otherwise expressly provided herein, cause for removal by City Council from a board or commission shall arise upon the happening of any of one (1) or more of the following events: (1) The member ceases to be a bona fide resident of the City. (2) The member's term of office has expired. A member of a board or commission shall
serve until his or her successor is selected. (3) The member is absent from three (3) or more meetings in any twelve (12) month period. (4) After a public hearing, the member has been determined by a majority of the City
Council to be guilty of inefficiency, neglect of duty or malfeasance in office and, following the hearing, has been removed by a majority of the City Council.
2-7-30. Vacancies. Vacancies on any board or commission shall be filled by appointment made by the City Council to serve out the unexpired member terms. 2-7-40. Compensation. Members of City boards and commissions shall serve without compensation, except that the City Council may authorize the reimbursement of reasonable out-of-pocket expenses incurred by members in the performance of their duties. In addition, during their term of service each member of a board or commission established in this Chapter, exclusive of special committees, shall receive an individual pool pass to the Salida Hot Springs Aquatic Center. 2-7-50. Meeting procedures. (a) All meetings of City boards and commissions shall be subject to the requirements of the Colorado Open Meetings Law. (b) In all cases where a board or commission is required to act by a majority vote, a majority of all members present at a meeting at which a quorum is present voting for or against any given proposition shall be sufficient. All votes shall be recorded by ayes and nays, except that a roll call vote shall be conducted upon the request of any member. A tie vote shall be deemed a denial of the matter voted upon. (c) Minutes of all regular and special meetings and resolutions passed by a board or commission shall be authenticated by the presiding officer and timely recorded in an official book kept for that purpose by the City. Meeting minutes shall be maintained in writing or by electronic recording device. (d) Actions of a board or commission shall be authenticated or certified by the Chairman, or the Vice Chairman in the absence of the Chairman.
(e) All boards and commission may adopt such further rules and regulations for carrying out its business as it deems appropriate by a majority vote. (f) A board or commission may, by majority vote, set and conduct special meetings, work sessions, and site visits or inspections from time to time in addition to conducting regular meetings. The date, time, location and agenda for any special meeting shall be publicly posted and/or published in accordance with the requirements of the Colorado Open Meetings Law. 2-7-60. Election of officers.
Each board or commission, by a majority vote, shall choose from among its members a Chairman who shall be its presiding officer. The chairman shall serve for a term of one (1) year and may be re-elected for successive terms without limitation. The board or commission may select a Vice Chairman from among its members to carry out the duties of the Chairman in the Chairman's absence. 2-7-70. Establishment of special committees.
(a) In addition to the boards and commissions established in this Code, by resolution, the City Council may establish special committees for the purpose of advising the City Council, various departments and department heads, or for the purpose of operating City enterprises or representing the interests of the City in various private enterprises. Committees shall be considered parts of the City government. As such, the members shall be entitled to coverage by the City's liability insurance, and the committees and the members thereof shall be entitled to the benefits and protection granted by the Colorado Governmental Immunity Act as the same exists on the effective date hereof and as the same may be amended from time to time. (b) Members of special committees shall receive no salaries or other compensation from the City. By resolution, the City Council may provide for reimbursement of costs actually incurred by committee members. (c) Special committees shall have no authority in any of the following areas: the expenditure of City funds; binding the City to any contractual arrangements; the adoption of ordinances; or the exercise of any authority granted by state statute or City ordinance specifically to the City Council, officers or other City officials.
ARTICLE VIII
Planning Commission 2-8-10. Establishment.
Pursuant to the authority granted by Part 2 of Article 23 of Title 31, C.R.S., there is hereby created a Planning Commission for the City, which shall be a part of the City government. 2-8-20. Purpose. The Planning Commission is created for the following purposes: (1) To prepare and maintain, subject to periodic revision as necessary, a Master Plan as
described by state statutes.
(2) To implement the provisions of Chapter 16 of this Code, and to perform all functions and powers referred to in said chapters where reference is made.
(3) To study and recommend to the City Council amendments to the Zoning Map of the City. (4) To study and recommend appropriate zoning classifications for all annexations to the
City. (5) To exchange information with the various governmental agencies charged with planning
and zoning responsibilities. (6) To have all other duties and powers incidental to the above and any and all powers and
duties set out by state statute, except that nothing herein shall permit the Planning Commission to make amendments or changes in the zoning of the City, such powers expressly being reserved by the City Council.
2-8-30. Membership and organization. (a) The Planning Commission shall consist of seven (7) members and two (2) alternates, each of whom shall maintain his or her primary residency within the City. No person shall be a member of the Planning Commission who is also the Mayor, an active member of the City Council or an employee of the City, or who holds any other municipal office. (b) Alternate members to the Planning Commission may attend any Planning Commission meeting and shall have the right to participate in any matter before the Planning Commission, but shall not have the right to vote except as otherwise provided herein. An alternate member of the Planning Commission may be designated to vote on any matter before the Planning Commission in which such alternate member has participated, such designation to be made by the Chairman of the Planning Commission. Such designation of an alternate member to vote may occur only on the absence or other nonparticipation by a regular member of the Planning Commission. Such designation of an alternate member to vote shall be made on a case-by-case basis and shall not continue beyond those cases for which the designation has been made. (c) A person shall take office as a member of the Planning Commission by indicating his or her assent to the appointment in a public fashion. An oath is not necessary, and attending a meeting and voting at the meeting is sufficient to indicate acceptance of the office. (d) A quorum for the Planning Commission to transact business shall consist of four (4) members. 2-8-40. Term of office.
All members of the Planning Commission shall serve a term of four (4) years from the date of their appointment. A person appointed to fill a vacancy shall serve until the term of his or her predecessor terminates according to the time of his or her predecessor's appointment and in accordance with the term schedules maintained by the City. 2-8-50. Power and duties.
(a) The Planning Commission shall have all authority conferred upon municipal planning commissions by state statute and shall serve, ex officio, as the Zoning Commission of the City.
(b) In addition to its duties created by state law, the Planning Commission may review and initiate zoning changes within the City. The Planning Commission shall recommend zoning for land annexed to the City. (c) Changes in zoning or in Chapter 16 of this Code may be initiated by the Planning Commission or the City Council; however, the City Council shall take no action on changes in zoning until such time as the Planning Commission has reviewed proposed changes and made a recommendation to the City Council.
ARTICLE IX
Board of Adjustment
2-9-10. Establishment. There is hereby created and established the Board of Adjustment, which shall perform those duties and exercise the powers and responsibilities as set forth in this Article. 2-9-20. Membership and organization.
The members of the Planning Commission shall serve as the Board of Adjustment. 2-9-30. Powers and duties.
The Board of Adjustment shall have the powers and duties to approve, approve with conditions or deny applications for variances pursuant to the provisions of Chapter 16, Article XII of this Code.
ARTICLE X
Board of Appeals
2-10-10. Establishment.
There is hereby created and established the Board of Appeals which shall exercise the powers and responsibilities as set forth in this Article. 2-10-20. Membership and organization.
(a) The Board of Appeals shall consist of five (5) regular members and up to two (2) alternate members who shall serve staggered three-year terms. No person shall be a member of the Planning Commission, the Mayor, an active member of the City Council or an employee of the City, or who holds any other municipal office. Alternate members shall perform all of the duties of a regular member in the absence or disqualification of a regular member from a meeting of the Board. A member may continue to serve the Board until his or her successor is appointed and assumes office. Members may be reappointed to serve successive terms without limitation. Not less than three (3) members must be present at a regular or special meeting to transact business. (b) The Board shall elect a Chairperson and a Vice Chairperson from among its members by majority vote. The Chairperson and the Vice Chairperson so elected shall serve terms of one (1) year and may be reelected to office without limitation 2-10-30. Powers and duties.
The Board of Appeals shall have the following powers and duties: to reverse or affirm, wholly or in part, or modify the order, requirement, decision, interpretation or determination of the Building Official pursuant to the provisions of Chapter 18, Article VIII of this Code.
ARTICLE XI
Historic Preservation Commission
2-11-10. Establishment.
There is hereby created and established the Historic Preservation Commission, which shall perform those duties and exercise the powers and responsibilities as set forth in this Article. 2-11-20. Membership and organization.
(a) The five (5) regular members of the Historic Preservation Commission shall serve staggered three-year terms. Members must be residents and qualified electors of the County. A member may continue to serve on the Historic Preservation Commission until his or her successor is appointed and assumes office, and a member may be reappointed to serve successive terms without limitation. (b) Upon establishment of the Historic Preservation Commission as herein provided, three (3) members shall serve an initial term of three (3) years, and two (2) members shall serve an initial term of two (2) years. (c) The City Council shall endeavor to maintain a balance of interests and skills on the Historic Preservation Commission and shall strive to appoint persons with experience, training and/or knowledge in architecture, architectural history, historic preservation, the State and/or local history, landscape architecture, archeology, land use planning, design or engineering, or experience in the building trades. Not less than two (2) members shall be experienced and/or possess expertise in one (1) or more of the fields listed above. (d) Not less than three (3) members must be present at a regular or special meeting to transact business, and all questions coming before the Historic Preservation (e) The Historic Preservation Commission shall conduct not less than four (4) regular meetings per year and shall adopt such rules of procedure as it deems necessary to conduct business. 2-11-30. Powers and duties.
The Historic Preservation Commission shall have the following powers and duties: (1) Provide advice and recommendations to the City Administrator regarding the designation
of buildings, sites, structures and neighborhoods as historic landmarks or historic districts. (2) Compile, maintain, prioritize and regularly update an inventory of historic buildings,
sites, structures and neighborhoods within the City and its immediate environs. (3) Make recommendations to staff regarding the issuance of certificates of approval for the
addition to or demolition, moving, exterior alteration, renovation or restoration of designated historic landmark buildings, sites or structures, and/or other buildings or structures within historic districts.
(4) Develop, analyze and recommend to the City Administrator ordinances and/or other
regulations or policies, including design and/or architectural guidelines, for the preservation, regulation, enhancement and protection of historic structures and neighborhoods within the City.
(5) Develop and implement public education programs regarding historic preservation and
historic buildings, sites, structures and neighborhoods within the City. (6) Assist the City Administrator in pursuing public and private grants and other financial
resources for the support and/or implementation of historic preservation programs and efforts within the City.
(7) Undertake such special tasks or functions as may be assigned to the Historic Preservation
Commission by the City Council.
ARTICLE XII
Tree Board 2-12-10. Establishment.
There is hereby created and established a Tree Board for the City which shall perform those duties and exercise those powers and responsibilities as set forth in this Article. 2-12-20. Membership and organization.
The Tree Board shall consist of a minimum of three (3) members who shall be citizens and residents of the City. The term of appointed members shall be two (2) years, except that the term of two (2) of the members appointed to the first Tree Board shall be for only one (1) year. In the event that a vacancy shall occur during the term of any member, a successor shall be appointed for the unexpired portion of the term. A majority of the members shall be a quorum for the transaction of business. Interested individuals may attend meetings but will not vote. 2-11-30. Powers and duties. (a) It shall be the responsibility of the Tree Board to study and develop and/or update a written proposed work plan. Said plan will include recommended practices and associated costs for the care, preservation, trimming, planting, replanting, removal or disposition of street and park trees. (b) The Public Works Director shall be consulted by the Tree Board prior to presentation of the proposed annual work plan to the City Council to ensure said plan does not conflict with ongoing and/or proposed City activities. (c) The plan will be presented annually to the City Council and, upon its acceptance and approval, shall constitute the official comprehensive tree plan for the City. The City Council will attempt to follow, as closely as possible, the plan submitted by the Tree Board. (d) The Tree Board, when requested by the City Council, shall consider, investigate, make findings, report and recommend upon any special matter of question coming within the scope of its work.
ARTICLE XIII
SteamPlant Commission 2-13-10. Establishment. (a) There is hereby created and established the SteamPlant Commission (SPC), which shall perform those duties and exercise those powers and responsibilities as set forth in this Article. (b) The SPC is created for the following purposes: (1) To oversee the development and operation of the SteamPlant Event Center ("the
SteamPlant") as a diverse cultural and educational venue. (2) To oversee financial and operational policies for the SteamPlant. (3) To serve as the connecting link between the community, City Council, City staff,
SteamPlant Foundation, the County and the SteamPlant staff. 2-13-20. Membership and organization. (a) The SPC shall consist of seven (7) members appointed by the City Council as follows: (1) Three (3) members selected and recommended by the Friends of the SteamPlant Board or
its successor; (2) One (1) member selected and recommended by the County Commissioners; (3) One (1) member selected by the City Council representing the lodging industry as an
event advocate; (4) The City Administrator; and (5) The Finance Director. The appointed members shall serve two-year terms. Members must be residents and qualified electors of the County. A member shall continue to serve on the SPC until his or her successor is appointed and assumes office. A member may be reappointed to serve successive terms without limitation. (b) Upon establishment of the SPC as herein provided, the members selected and recommended by the SteamPlant Board or its successor shall staggered terms. (c) Not less than four (4) members must be present at a regular or special meeting to transact business. (d) The SPC shall conduct not less than one (1) regular meeting quarterly and shall adopt such rules of procedure as it deems necessary to conduct business. 2-13-30. Powers and duties. The SPC shall have the following powers and duties:
(1) Provide financial and operational oversight. (2) Serve as the connection link between the community, the City of Salida, and the
SteamPlant. (3) Participate with the City in the SteamPlant budget development process. (4) Promote the benefits of economic development of the facility. (5) Preserve the history and heritage of the facility. (6) Advise the City of Salida through the Director of the SteamPlant on staffing and
operation. (7) Ensure that approved minutes of all meetings and an annual financial and operational
report are provided to the SteamPlant Board or its successors, the County and the City. (8) Promote the SteamPlant as a high-quality, attractive venue that increases business and
tourism in the City and the Upper Arkansas River Valley. (9) Encourage diverse and quality performances that help meet the cultural interests and
needs of the community. (10) Protect programming from political interference or censorship.
ARTICLE XIV
Recreation Advisory Board
2-14-10. Establishment. There is hereby created and established a Recreation Advisory Board for the City, which shall perform those duties and exercise those powers and responsibilities as set forth in this Article. 2-14-20. Membership and organization. (a) The Recreation Advisory Board shall consist of seven (7) members, including five (5) at-large members appointed by the City Council, the Recreation Director, and the Public Works Director, and two (2) alternates appointed by the City Council. (b) The term of appointed members shall be two (2) years, except that the term of two (2) of the members appointed to the first Recreation Advisory Board shall be for only one (1) year. Alternate members shall serve one (1) year terms. In the event that a vacancy shall occur during the term of any member, a successor shall be appointed for the unexpired portion of the term. Members may be reappointed to serve successive terms without limitation. (c) A majority of the members shall be a quorum for the transaction of business. 2-14-30. Powers and duties. The Recreation Advisory Board shall have the following powers and duties.
(1) To serve as a link between the City Council, City staff, and the community. (2) To assist the City in evaluating and prioritizing parks, trails, recreation, and open space
projects in the community. (3) To assist the City in evaluating funding sources for parks, trails, recreation, and open
space projects in the community.
ARTICLE XV
Civil Emergencies
2-15-10. Declaration of emergency. When it appears to the Mayor that the general health, safety and welfare of the inhabitants of the City are threatened by general public unrest or riot, or by attack upon the State, he or she may declare a state of emergency by proclamation. The proclamation shall be in writing and shall be announced publicly, by radio, posting or publication, if at all possible. 2-15-20. Restricted activity during emergency. The proclamation may impose a curfew within the City, may prohibit public or private assemblies, may impose restrictions on movement within the City and may contain such other regulations as the Mayor deems necessary and proper to the maintenance of public peace, order and safety. 2-15-30. Term and validity of proclamation. (a) Term of proclamation, extension. Any proclamation hereunder shall expire ten (10) days after its issue unless sooner revoked by the Mayor or by two-thirds (⅔) vote of the City Council. The City Council may extend any proclamation issued by the Mayor hereunder for a period not to exceed forty (40) days by a two-thirds (⅔) vote. (b) Validity. The validity of any proclamation issued hereunder may be challenged in any court of competent jurisdiction. 2-15-40. Violation. Any person who knowingly violates any of the terms of the proclamation commits a misdemeanor.
CHAPTER 4
Revenue and Finance
Article I Fiscal Year
Sec. 4-1-10 Fiscal year established
Article II General, Special and Enterprise Funds
Sec. 4-2-10 Custody and management of funds Sec. 4-2-20 General Fund created Sec. 4-2-30 Special funds
Article III Sales Tax
Sec. 4-3-10 Tax imposed Sec. 4-3-20 Amount of tax, limitations Sec. 4-3-30 Taxable items and services Sec. 4-3-40 Exemptions from tax Sec. 4-3-50 Disposition of revenue Sec. 4-3-60 Collection, administration and enforcement Sec. 4-3-70 Effective date of tax Sec. 4-3-80 Violations and penalty
Article IV Telephone Occupation Tax
Sec. 4-4-10 Tax levied Sec. 4-4-20 Amount of tax; payment Sec. 4-4-30 Failure to pay tax; collection by City
Article V Disposition of Unclaimed Property
Sec. 4-5-10 Purpose Sec. 4-5-20 Definitions Sec. 4-5-30 Procedure of disposition of property Sec. 4-5-40 Final disposition
Article VI Occupational Lodging Tax
Sec. 4-6-10 Tax levied Sec. 4-6-20 Tax revenues pledged for certain purposes Sec. 4-6-30 Collection, administration, and enforcement
Sec. 4-6-40 Violation; penalty
Article VII Municipal Liens
Sec. 4-7-10 Municipal liens Sec. 4-7-20 Discharge of liens
agilpin
Typewritten Text
CHAPTER 4
REVENUE AND FINANCE
ARTICLE I
Fiscal Year 4-1-10. Fiscal year established. The fiscal year of the City shall commence on January 1 of each year and shall extend through December 31 of the same year.
ARTICLE II
General and Special Funds
4-2-10. Custody and management of funds. Moneys in the funds created in this Chapter shall be in the custody of and managed by the City Administrator. The City Administrator shall maintain accounting records and account for all of said moneys as provided by law. Moneys in the funds of the City shall be invested or deposited by the City Administrator in accordance with the provisions of law. All income from the assets of any fund shall become a part of the fund from which derived and shall be used for the purpose for which such fund was created; provided that, except as otherwise provided in this Code or by other ordinances or laws, the City Council may transfer out of any fund any amount at any time to be used for such purpose as the City Council may direct. 4-2-20. General Fund created. There is hereby created a fund, to be known as the General Fund, which shall consist of the following: (1) All cash balances of the City not specifically belonging to any existing special fund of the
City. (2) All fixed assets of the City (to be separately designated in an account known as the
General Fund Fixed Assets) not specifically belonging to any existing special fund of the City. 4-2-30. Special funds.
The City Administrator shall maintain, in the accounting records of the City, separate accounts for any and all special funds of the City, including, but not limited to, the Conservation Trust Fund, the Water and Wastewater Enterprise Fund, and the SteamPlant Event Center Fund. The principal and interest earned by the amounts in each such fund shall be credited separately in each such account, and the monies in each fund shall be used only for the purposes allowed by law.
ARTICLE III
Sales Tax
4-3-10. Tax imposed.
In accordance with Section 29-2-105, C.R.S., there is imposed a tax on the sale of tangible personal property at retail and the furnishing of services. Said tax shall be levied and collected on all sales of tangible personal property and all furnishing of services in the City, subject to the levy and collection of the state sales tax imposed by Article 26 of Title 39, C.R.S. 4-3-20. Amount of tax, limitations. (a) The tax imposed by this Article shall be equal to three percent (3.0%) of the gross receipts. The imposition of tax on individual sales shall be in accordance with the schedule set forth in the rules and regulations promulgated by the Department of Revenue. (b) The amount subject to tax under this Article shall not include the amount of any sales or use tax imposed by Article 26 of Title 39, C.R.S. 4-3-30. Taxable items and services. (a) Except as exempted by Section 4-3-40, the tangible personal property and services taxable under this Article shall be the same as the tangible personal property and services taxable pursuant to Section 39-26-701, et seq., C.R.S. (b) For the purposes of the sales tax imposed by this Article, all retail sales are consummated at the place of business of the retailer unless the tangible personal property sold is delivered by the retailer or his or her agent to a destination outside of the City limits or to a common carrier for delivery to a destination outside of the City limits. The gross receipts from such sales shall include delivery charges when such charges are subject to state sales and use taxes imposed by Article 26 of Title 39, C.R.S., regardless of the place to which delivery is made. If a retailer has no permanent place of business in the City or has more than one (1) place of business in the City, the place at which the retail sales are consummated for the purpose of this Article shall be determined by the provisions of Article 26 of Title 39, C.R.S., and by rules and regulations promulgated by the Colorado Department of Revenue. 4-3-40. Exemptions from tax. (a) The value of construction and building materials on which a use tax has previously been collected by an incorporated town, city or county shall be exempt from the City sales tax if the materials are delivered by the retailer or his or her agent to a site within the City. (b) The following items and services shall be exempted from taxation: (1) Those items and services granted exemption from state sales tax by Section 39-26-701, et
seq., C.R.S.; however, the following items are not exempted and shall be taxed: a. Machinery or machine tools as specified in Section 39-26-709, C.R.S.; b. Food as specified in Section 39-26-707, C.R.S. (2) The sale of personal property on which a specific ownership tax has been paid or is
payable when such sale meets both of the following conditions: a. The purchaser is a nonresident of or has his or her principal place of business
outside of the City; and
b. Such personal property is registered or required to be registered outside of the City under state law.
(c) For transactions consummated on or after July 1, 1990, The City's sales tax shall not apply to the sale of construction and building materials, as the term is used in Section 29-2-109, C.R.S., if such materials are picked up by the purchaser and if the purchaser of such materials presents to the retailer a building permit or other documentation acceptable to the City Clerk evidencing that a local use tax has been paid or is required to be paid upon such materials. (d) For transactions consummated on or after July 1, 1990, the City’s sales tax shall not apply to the sale of tangible personal property at retail or the furnishing of services if the transaction was previously subjected to a sales or use tax lawfully imposed on the purchaser or user by another statutory or home rule municipality equal to or in excess of three percent (3.0%). (e) Until modified by future action of the City Council, the City’s sales tax shall not apply to sales of solar power components within the City to net metering customers, subject to the following conditions: (1) For purposes of this Section, solar power components shall include, but are not limited to,
solar modules, trackers, generating equipment, supporting structures or racks, inverters, towers and foundations, balance or system components such as wiring, control systems, switchgears, and generator step-up transformations, and concentrating solar power components that include, but are not to, mirrors, plumbing, and heat exchangers. As used in this Section, solar power components shall not include any components beyond the point of generator step-up transformers located at the production site, labor, energy storage devices, or remote monitoring systems.
(2) To be eligible for a sales tax credit for solar power components, the purchaser must
submit to the City a final inspection certification for the solar power system from an energy provider showing the purchaser’s inclusion in a net metering program as well as an invoice from the contractor or purchaser showing the amount of sales tax paid on the solar power components.
4-3-50. Disposition of revenue. (a) Thirty-five percent (35%) of proceeds received from the two-percent sales tax imposed by the City shall be pledged to the Sales Tax Capital Improvement Fund to be used to provide streets and other capital improvements or to pay debt service on bonds or other obligations of the City issued to provide for such capital improvements. All other revenue shall be allocated as follows: (1) Nine percent (9%) shall be allocated to a Capital Expenditures Fund to be used for the
purchase of machinery and equipment that is greater than five hundred dollars ($500.00) with a useful life in excess of one (1) year.
(2) One percent (1%) shall be allocated to an Economic Development Fund to be used as
approved by the City Council for economic development within the City. (3) Up to eight percent (8%) shall be allocated to a Contingency Fund in any calendar year
when such fund is less than fifteen percent (15%) of the City's General Fund Operating Budget, it being the intent to maintain a Contingency Fund which, in any year, is equal to fifteen percent (15%) of the General Fund Operating Budget. The Contingency Fund can be utilized by the City Council to cover unbudgeted, unforeseen reductions in revenue collections or unusual expenditures outside the scope of normal operations.
(4) All other revenue collected from the City sales tax shall be allocated to the General Fund
for operating expenditures. (b) The proceeds of the one percent (1.0%) increase in sales tax imposed by Ordinance No. 34, Series of 2008 shall be used for funding construction, operation, maintenance, and repair of roads and other public infrastructure of the City. (c) Upon adoption of the ordinance codified herein by the City Council, said ordinance shall be submitted to an election by the registered electors of the City for their approval or rejection. The next regularly scheduled election will be held November 1, 2005, which is within ninety (90) days of the adoption of said ordinance. 4-3-60. Collection, administration and enforcement. (a) The collection, administration and enforcement of the City retail sales tax adopted by this Article shall be performed by the Colorado Department of Revenue in the same manner as the collection, administration and enforcement of the state sales tax. The provisions in Article 26 of Title 39, C.R.S., heretofore or hereafter enacted, shall govern the collection, administration and enforcement of the City retail sales tax authorized by this Article. (b) The tax imposed by this Article shall be a first and prior lien upon the goods and business fixtures of or used by any retailer under lease, title-retaining contract, or other contract arrangement, except stock of goods sold or for sale in the ordinary course of business, and shall take precedence on all such property over other liens and claims of whatsoever kind or nature, except that of the State, pursuant to Section 39-26-117, C.R.S., as may be amended. (c) In the event the City has occasion to assert that a taxpayer is deficient in the payment of sales tax, the procedures provided for in Section 29-2-106.1, C.R.S., shall be followed. 4-3-70. Effective date of tax. The imposition and collection of the tax imposed hereby shall commence on July 1, 1990. 4-3-80. Violations and penalty. It is a misdemeanor for any person who is a retailer, or the manager of any corporate person who is a retailer, to fail or refuse to make a return required to be made to the Colorado Department of Revenue; to make any false or fraudulent return or false or fraudulent statement on any return; to fail or refuse to make payment to the Director of Revenue of taxes collected or due under the provisions of this Article; or in any manner to evade the collection or payment of the tax, or any part thereof, in accordance with this Article; or for any purchaser to fail or refuse to pay such tax, to evade the payment thereof or to aid or abet another in any attempt to evade the payment of tax. Any person who is convicted of such offense shall be subject to the general penalty provisions set forth at Chapter 1, Article IV of this Code.
ARTICLE IV
Telephone Occupation Tax
4-4-10. Tax levied.
A tax is hereby levied on all utility companies operating within the City engaged in the occupation or business of maintaining a telephone exchange within the City and/or providing telephone service to the inhabitants of the City. 4-4-20. Amount of tax; payment. The amount of this tax shall be eight thousand dollars ($8,000.00) per calendar year, which tax shall be due and payable for each year, or part of a year, in which a utility company engaged in providing a telephone service within the City on December 1 of that year. The payment of this tax shall be made to the City on or before the due date for each year. 4-4-30. Failure to pay tax; collection by City. If any utility company subject to this tax fails to pay this tax when due, the amount due shall be deemed a debt to the City and, upon the direction of the City Council, the same shall be collected in any court of competent jurisdiction together with attorney's fees for the City and interest at ten percent (10%) per annum on the unpaid balance due of the tax.
ARTICLE V
Disposition of Unclaimed Property
4-5-10. Purpose.
The purpose of this Article is to provide for the administration and disposition of unclaimed property which is in the possession or under the control of the City. The following shall be exempt from application of this Article:
(1) Abandoned motor vehicles as defined in Section 8-3-40 of this Code;
(2) Property the possession of which is illegal under City, state or federal law;
(3) Property the seizure of which is governed by state or federal law;
(4) Property the disposition of which is provided for by an order of a court having jurisdiction concerning the same; or
(5) Property the City Administrator reasonably determines is of no value.
4-5-20. Definitions. Unless otherwise required by context or use, words and terms shall be defined as follows: Owner means a depositor in the case of a cash deposit, a beneficiary in case of a trust other than a
deposit in trust, a creditor, claimant or payee in the case of other intangible property or a person having a legal or equitable interest in unclaimed property held by the City or such person's legal representative.
Person means an individual, business, association, state or other government, governmental
subdivision or agency other than the City, public corporation, public authority, estate, trust, two (2) or more persons having a joint or common interest or any other legal or commercial entity.
Unclaimed property means and includes any tangible or intangible property, as those terms are
defined at Section 38-13-102, C.R.S., including money, securities and any income or increment derived from any money or securities, less any lawful charges, which has been:
(a) Held for its owner by or under the control of the City and which has not been
claimed by its owner for a period of more than ninety (90) days after it became payable, demandable or returnable.
(b) Lost or abandoned and which has been left in the custody of the City by a person
other than its owner. Such property shall be deemed to be unclaimed property immediately upon its transfer to the custody of the City.
(c) Held as evidence by or under the control of the City for criminal justice purposes,
and for which more than ninety (90) days have elapsed after the date of final disposition of pending charges or after the last day for filing an appeal.
4-5-30. Procedure for disposition of property. (a) Prior to the disposition of any unclaimed property having an estimated value of five hundred dollars ($500.00) or more, the City Administrator shall send written notice by certified mail, return receipt requested, to the last known address of the owner of such property. The last known address of the owner shall be the last address of the owner as shown by the records of the City department holding the property. The notice shall include a description of the property and its estimated value, plus the following information if known: the date on which the property became payable, demandable or returnable; the date of the last transaction with the owner with respect to the property; and the purpose for which the property was deposited or otherwise held. The notice shall state where the owner may inquire about or claim the property. The notice shall also state that, if the owner fails to provide the Mayor with a written claim for the return of the property within thirty (30) days of the date of the notice, the property shall be deposited into the unclaimed property account of the City or held for disposition pursuant to Section 4-5-40. (b) Prior to disposition of any unclaimed property having an estimated value of five hundred dollars ($500.00) or more and having no last known address of the owner, the City Administrator shall cause notice to be published in a newspaper of general circulation in the City. The notice shall include a description of the property and its estimated value, plus the following information if known: its owner; the date on which the property became payable, demandable or returnable; the date of the last transaction with the owner with respect to the property; and the purpose for which the property was deposited or otherwise held. The notice shall state where the owner may inquire about or claim the property. The notice shall also state that, if the owner fails to provide the City Administrator with a written claim for the return of the property within thirty (30) days of the date of the publication of the notice, the property shall be deposited into the unclaimed property account of the City or held for disposition pursuant to Section 4-5-40. (c) The City Administrator is not required to mail or publish notice pursuant to this Section regarding any unclaimed property valued at less than five hundred dollars ($500.00), unless the City Administrator considers such mailing or publication to be in the public interest. If not claimed by its owner within thirty (30) days of the date on which it is deemed to be unclaimed property, such property shall be deposited into the unclaimed property account of the City or held for disposition pursuant to Section 4-5-40.
(d) If a claim is received within the thirty-day claim period, the City Administrator shall evaluate the claim and give written notice to the claimant within sixty (60) days after receipt that the claim has been accepted or denied in whole or in part. Each such claim shall be accompanied by proof sufficient to establish the claimant as the owner of the property. The City Administrator may investigate the validity of a claim and request further supporting documentation from the claimant prior to disbursing or refusing to disburse the property. (e) If there is more than one (1) claimant for the same property, the City Administrator may, in the City Administrator 's sole discretion, resolve such claims or may direct the City Attorney to deposit the disputed property with the registry of the District Court in an interpleader action. (f) If a claim is upheld with respect to any unclaimed property, the claimant shall, as a pre-requisite to recovering possession, reimburse the City for all reasonable expenses incurred in storing or handling such property. (g) If a claim is denied with respect to any unclaimed property, such property shall be deposited into the unclaimed property account of the City or held for public sale or disposition pursuant to Section 4-5-40. (h) Any legal action filed challenging a decision of the City Administrator shall be filed pursuant to Rule 106 of the Colorado Rules of Civil Procedure within thirty (30) days of such decision or shall be forever barred. If any legal action is timely filed, the property shall be disbursed by the City Administrator pursuant to the order of the court having jurisdiction over such claim. (i) The Chief of Police is authorized to establish and administer procedures consistent with this Article for the safekeeping, administration and disposition of unclaimed property in the custody or control of the Police Department. The City Administrator is authorized to establish and administer procedures consistent with this Article for the safekeeping, administration and disposition of unclaimed property in the custody or control of all other City departments, offices and agencies, including compliance requirements for other City officers and employees in the identification and disposition of such property. (j) The failure of any owner of unclaimed property to submit a timely claim under this Section shall neither preclude the subsequent filing of a claim nor extinguish any legal or equitable interest of such owner in such property or, if sold or otherwise disposed of pursuant to Section 4-5-40, the proceeds of such sale or an amount equal to the estimated value of such property as determined by the Mayor at the time of final disposition. (k) The City Administrator may immediately dispose of property that reasonably appears to pose a sanitary, health or safety hazard if stored, but the Mayor shall keep a log of all property so disposed. 4-7-40. Final disposition. (a) Following the expiration of the thirty-day claim period, as applicable, and the resolution of all outstanding claims pursuant to Section 4-5-30, the City may, at the discretion of the City Administrator: (1) Use any unclaimed property in City operations if, in the opinion of the City
Administrator, its use will serve a public purpose;
(2) Destroy any unclaimed property which the City is otherwise unable to dispose of or use if, in the opinion of the City Administrator, such property is of negligible value; or
(3) Transfer possession to the finder of any unclaimed property which has been lost
or abandoned and which has been left in the custody or control of the Police Department upon written request of the individual or individuals who found such property; or
(4) Donate property of less than $500.00 in estimated value to a charitable or non-
profit organization; or (5) Offer for sale by sealed bid property of $500.00 or more in estimated value;
provided, however, that the City Council may approve the donation of such property to a charitable or non-profit organization.
(b) Weapons shall be disposed of as follows: (1) Weapons which remain unclaimed following the expiration of the thirty-day
claim period shall become the property of the Police Department, if usable by the Police Department for training, repairs or similar uses. If unusable by the Police Department, such weapons shall be destroyed or auctioned off to a federally licensed firearms dealer only.
(2) Any weapon used in a violent crime shall be destroyed. (c) Any proceeds from the sale of unclaimed property pursuant to this Section shall be
deposited in the unclaimed property account of the City. (d) Any purchaser or donee of unclaimed property under this Section shall take such property without warranty against any claim of the owner or previous holder thereof and of all persons claiming through or under them. The City Administrator shall execute all documents necessary to complete the transfer of ownership.
ARTICLE VI
Occupational Lodging Tax
4-6-10. Tax levied. Commencing March 1, 2009, pursuant to C.R.S. §31-15-501(1)(c) there is hereby levied an occupation tax on the business of leasing or renting of rooms or other accommodations within the City of Salida for less than thirty (30) consecutive days at the rate of $4.82 per night per occupied room; provided, however, that the tax shall be subject to a temporary reduction of $2.32 until modified by ordinance of the City Council, making the total occupational lodging tax assessed, until modified, to be $2.50 per night per occupied room. The person or entity furnishing such short-term accommodations shall pay the tax to the City. All sums of money due pursuant to this Section shall be and remain public money and the property of the City held in trust for the sole use and benefit of the City. 4-6-20. Tax revenues pledged for certain purposes.
The proceeds of the occupational lodging tax described in Section 4-6-10, together with investment earnings thereon, shall be used primarily for capital improvements and operations expenses for parks and recreation and arts facilities in the City, including, without limitation, the Aquatic Center and the SteamPlant Theater. 4-6-30. Collection, administration, and enforcement. The tax levied by this Article shall begin to accrue on January 1, 2009. The collection, administration, and enforcement of this occupational lodging tax shall be performed by the City City Administrator, who is hereby authorized to prescribe forms and administrative procedures for the ascertainment, assessment, and collection of the occupational lodging tax not inconsistent with this Article, and for the enforcement of this Article. 4-6-40. Violation; penalty. Failure to comply with the terms of this Article by payment of taxes, remitting the occupational lodging tax to the City, and otherwise complying with the terms of this Article shall constitute an offense in violation thereof subject to the violation provisions set forth at Chapter 1, Article IV of this Code. Further, if the lodging services vendor fails to pay this tax when due, the amount due shall be deemed a debt payable to the City and subject to collection with interest at ten percent (10.0%) per annum on the unpaid balance due of the tax. Such remedies shall be cumulative with all other remedies provided herein for the enforcement of this Article. The City shall have the right to collect from any person who fails to comply with the terms of this Article all legal, court, and other costs and expenses necessary to or incidental to the collection of said tax, including reasonable attorneys’ fees, filing fees and other costs, and recording fees.
ARTICLE VII
Municipal Liens 4-7-10. Municipal Liens. (a) In accordance with C.R.S. §31-20-105, if any delinquent charges, assessments, or taxes have not been otherwise collected, the City Administrator may certify the amount due to the County Treasurer of the county in which the real property of the person owing the money to the City is located. The County Treasurer, upon receipt of the statement of the City Administrator establishing the amount owed, shall collect the amount owed in the same manner as municipal taxes are collected, provided, however, that upon notice to the Treasurer by the City that the City intends to pursue judicial foreclosure of the lien so established, the Treasurer shall refrain from attempting to collect the amount due. (b) The procedure contained in this Article is not intended to establish an exclusive method for collection of amounts owed to the City, and nothing contained herein shall preclude the City from pursuing other methods of collection, including judicial foreclosure of municipal liens. 4-7-20. Discharge of Lien. Within thirty (30) days of payment of the full amount owed to the City, the City Administrator shall notify the County Treasurer of the county in which the payor's property is situated that the amount due the City has been paid, and that any liens resulting from that debt shall be discharged.
CHAPTER 5
Franchises and Communication Systems
Article I Franchises
Sec. 5-1-10 Franchises defined Sec. 5-1-20 Granting of franchises Sec. 5-1-30 Existing franchises
Article II Emergency Telephone Charges
Sec. 5-2-10 Emergency telephone charge imposed Sec. 5-2-20 Collection of charge Sec. 5-2-30 Emergency telephone service authority
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Typewritten Text
CHAPTER 5
Franchises and Communications Systems
ARTICLE I
Franchises
5-1-10. Franchise defined.
Franchise means an agreement between a supplier of a product or service, such as telephone, internet, or cable television services, and the City by which the City agrees to sell the franchisor's product or service to City residents according to the terms and conditions set out in a franchise agreement. State and federal law regulate the content of franchise agreements.
5-1-20. Granting of franchises.
(a) No franchise shall be granted or renewed for a longer period than twenty (20) years.
(b) No franchise shall be granted, renewed, or amended by the City Council except by ordinance. Any ordinance granting, renewing, or amending a franchise shall be subject to a timely referendum if one is filed in accordance with the procedures and requirements set forth in this Charter.
(c) Notwithstanding any other provision of this Article, such a petition shall be signed by registered electors of the City equal in number to at least five percent of the total number of electors of the City registered to vote at the regular election immediately preceding the filing of the petition.
(d) If such an election is ordered, the grantee of such franchise shall deposit the cost of the election with the City Clerk (e) Each franchise granted pursuant to this Charter shall include a provision for a periodic review of the franchise by the Council. (f) The Council shall establish, by ordinance not inconsistent with this Charter, the terms, fees, compensation, conditions, recordkeeping, and other matters relating to franchises. (g) The franchisee shall promptly file, in writing, its acceptance of each grant, renewal, or amendment of a franchise following final adoption of the ordinance making such grant, renewal, or amendment. The failure to file such an acceptance within forty-five (45) days of said final adoption shall be deemed an acceptance of such grant, renewal, or amendment. 5-1-30. Existing franchises.
All franchises approved by City ordinance in effect at the time that this Article is adopted shall remain in full force and effect according to their provisions and terms until the expiration date provided in such ordinance or until modified by another franchise.
ARTICLE II
Emergency Telephone Charges
5-2-10. Emergency telephone charge imposed.
There is hereby imposed, pursuant to Section 29-11-101 et seq., C.R.S., upon all telephone exchange access facilities within the City an emergency telephone charge in an amount not to exceed two percent (2%) of the tariff rates as approved by the Public Utilities Commission or fifty cents ($0.50), whichever is less. Upon recommendation of the emergency telephone service authority, the City Council may, by resolution, raise or lower the emergency telephone charge, but in no event shall such charge exceed the amount of two percent (2%) of the tariff as approved by the Public Utilities Commission. 5-2-20. Collection of charge. Telephone service suppliers providing telephone service in the City are hereby authorized to collect the emergency telephone charge imposed by this Article in accordance with Section 29-11-101 et seq., C.R.S. 5-2-30. Emergency telephone service authority.
The amounts collected pursuant hereto shall be delivered to the Emergency Telephone Service Authority created by the agreement of 22 September, 1989, entered into by and between the Board of County Commissioners of Chaffee County, Colorado, the Town of Poncha Springs, the City of Salida, the Town of Buena Vista, the South Arkansas Fire Protection District, the Salida Hospital District and the Chaffee County Fire Protection District.
CHAPTER 6
Business Licenses and Regulations
Article I Alcoholic Beverages Sec. 6-1-10 License required Sec. 6-1-20 State procedures apply Sec. 6-1-30 Local licensing authority Sec. 6-1-40 Fees Sec. 6-1-50 License renewal Sec. 6-1-60 Optional premises Sec. 6-1-70 Alcoholic beverage tasting permit Sec. 6-1-80 Educational requirements Sec. 6-1-90 Suspension or revocation; fine
Article II Vendor Permits Sec. 6-2-10 Vendor Permits Sec. 6-2-20 Application and issuance
Article III Marijuana Sec. 6-3-10 Definitions Sec. 6-3-20 Applicability of provisions Sec. 6-3-30 Designation of local licensing authority Sec. 6-3-40 Application for license Sec. 6-3-50 Licensing fees Sec. 6-3-60 Denial of license Sec. 6-3-70 Decision by Local Licensing Authority Sec. 6-3-80 Notice of decision Sec. 6-3-90 Appeal of license decision Sec. 6-3-100 License Sec. 6-3-110 Duration of license; renewal Sec. 6-3-120 Duties of license Sec. 6-3-130 Suspension or revocation of license Sec. 6-3-140 Application for retail marijuana license Sec. 6-3-150 Licensing fees Sec. 6-3-160 Denial of retail marijuana license Sec. 6-3-170 Decision by Local Licensing Authority Sec. 6-3-180 Notice of decision Sec. 6-3-190 Appeal of retail marijuana license decision Sec. 6-3-200 Retail marijuana license Sec. 6-3-210 Duration of retail marijuana license; renewal Sec. 6-3-220 Duties of retail marijuana license Sec. 6-3-230 Suspension or revocation of retail marijuana license Article IV Arborist License Sec. 6-4-10 Licensing Sec. 6-4-20 Insurance Sec. 6-4-30 Revocation Sec. 6-4-40 Penalties
CHAPTER 6 Business Licenses and Regulations
ARTICLE I
Alcoholic Beverages 6-1-10. License required. It is unlawful for any person to sell or offer for sale any malt, vinous, spirituous liquor or fermented malt beverages in the City until having first obtained a license or permit therefor under this Article, the rules and regulations of the City, and applicable state law and regulations, in addition to any other license or permit required by the State or the City. 6-1-20. State procedures apply. (a) The Colorado Liquor Code and Regulations and the Colorado Beer Code and Regulations regarding procedures for applications, hearings and decisions for malt, vinous or spirituous liquor or fermented malt beverages shall apply to City licenses. Applicants may obtain copies of the applicable regulations from the City Clerk. (b) To obtain a license under this Article, an applicant must have first met, and provide proof of such to the satisfaction of the Local Licensing Authority, all conditions prescribed by the Colorado Liquor Code and the Colorado Beer Code, except that fees for a City license are those prescribed in this Article. 6-1-30. Local licensing authority. (a) The Salida City Council shall serve as the Local Licensing Authority. Applications for the issuance of new liquor licenses and special event permits shall be subject to review and approval or denial by the City Council as the Local Licensing Authority. No new licenses, transfers, renewals, or changes shall be approved except upon receipt of completed applications and such fees as are required by law and this Article. (b) The City Administrator shall have the authority to exercise the power and duties of the City Council as the Local Licensing Authority to review and approve or deny the renewal, transfer, or change of liquor licenses at an administrative level. The City Administrator may at his or her discretion forward any such applications subject to administrative review to the Local Licensing Authority for review and approval or denial. A denial of a liquor license renewal, transfer, or change by the City Administrator may be appealed to the City Council by written notice of the applicant within seven (7) days of the City Administrator’s issuance of the denial.
(c) The Local Licensing Authority shall issue no new liquor license for any premises unless such premises is in compliance with the Fire Code adopted by the City. 6-1-40. Fees. The annual license fees set forth in Section 12-47-505, C.R.S., shall apply to this Article. In addition, the following liquor license applications, registrations and investigations shall be paid to the City in amounts as shall be set forth from time to time by resolution of the City Council:
(1) Applications for new licenses. (2) Applications for transfers of location or ownership of existing licenses. (3) Applications for renewals of existing licenses. (4) Applications for temporary permits. (5) Applications for special event permits. (6) Manager registrations for hotel and restaurant licensees. (7) Background investigations for corporate and limited liability company applicants. (8) Fire Department inspections. 6-1-50. License renewal. (a) The Local Licensing Authority or City Administrator, as applicable, shall not renew any liquor license for any premises unless that premises complies in all respects with the Fire Code adopted by the City and demonstrates such compliance by delivering to the Local Licensing Authority or City Administrator or his or her designee, as applicable, a written inspection report from the Fire Department demonstrating that the Fire Department has inspected the premises within sixty (60) days prior to the renewal license application and found the premises to be in compliance with the Fire Code. 6-1-60. Optional premises. (a) Optional premises license and optional premises for a hotel and restaurant license may be issued by the Local Licensing Authority. (b) The following standards shall be applicable to the issuance of a license under this Section, in addition to all other applicable standards set forth in the Colorado Liquor Code for optional premises license and optional premises for a hotel and restaurant license. (1) Eligible facilities. Outdoor sports and recreational facilities as defined in Section 12-47-
103(13.5), C.R.S., are eligible for licensing as an optional premises or an optional premises for a hotel and restaurant.
(2) Number of optional premises. There are no restrictions on the number of optional
premises which any one (1) licensee may have on an outdoor sports or recreational facility. (3) Minimum size of facility. There is no restriction on the minimum size of an outdoor
sports or recreational facility which would be eligible for issuance of an optional premises license or optional premises for a hotel and restaurant license.
(c) The application for an optional premises license or optional premises for a hotel or restaurant license shall be accompanied by the following: (1) A map or other drawing illustrating the outdoor sports or recreational facility boundaries
and the approximate location of each optional premises requested;
(2) A description of the method which shall be used to identify the boundaries of the optional
premises when it is in use; and (3) A description of the provisions which have been made for storing malt, vinous and
spirituous liquors in a secured area on or off the optional premises for the future use on the optional premises.
6-1-70. Alcoholic beverage tasting permit.
Pursuant to Section 12-47-301(10), C.R.S., the City authorizes alcohol beverage tastings for licensed retail liquor stores and liquor-licensed drug stores within the City. The City shall not require a further application prior to allowing retail liquor licensees to conduct alcohol beverage tastings, and elects not to impose additional limitations on such tastings beyond those limitations set forth in Chapter 47 of Title 12, C.R.S. A retail liquor store or liquor-licensed drugstore that wishes to conduct tastings shall submit an application for a tastings permit to the City Clerk. The Local Licensing Authority may reject the application if the applicant fails to establish that the licensee is able to conduct tastings without violating any of the provisions of Section 12-47-301(10), C.R.S., as may be amended. 6-1-80. Educational requirements. Every liquor licensee or permittee, registered manager and licensee's employee is encouraged to obtain a certificate of completion from an educational program of training for intervention procedures for servers of alcohol. Those registered managers obtaining a certificate of completion may file a copy of the certificate of completion with the Authority with an application of renewal of a liquor license. 6-1-90. Suspension or revocation; fine. In addition to any other penalties prescribed by Title 12, Articles 46, 47 and 48, C.R.S., pursuant to Section 12-47-601, C.R.S., the Local Licensing Authority has the power, on its own motion or on complaint, after investigation and public hearing at which the licensee shall be afforded an opportunity to be heard, to suspend or revoke any license or permit issued by such authority for any violation by the licensee or by any of the agents, servants, or employees of such licensee of the provisions of Title 12, Article 47, C.R.S., or any of the rules or regulations authorized pursuant to that Article or of any of the terms, conditions, or provisions of the license or permit issued by the Local Licensing Authority.
(1) A multiple vendor event permit shall be obtained by anyone desiring to stage a multiple vendor temporary event for commercial purpose within the City. The City will consider a single application for each event, and the applicant shall be responsible to list all participating vendors in the application and to submit the current state license for each vendor to the City.
(2) Each vendor participating in a multiple vendor event and included within the multiple vendor event permit shall maintain a copy of the vendor’s current state license and post the license at his temporary location. (3) The City reserves the right to reject an individual vendor's eligibility to operate under a multiple vendor event permit.
(4) The City shall assess a permit fee for each vendor participating in the multiple vendor event permit as established by resolution of the City Council and amended from time to time.
(b) Outdoor Vending Permit. (1) Permit required. Outdoor vendors not associated with a Multiple Vendor Event Permit
(Sec. 6-2-10(a)) that wish to sell on public property must obtain a permit from the City of Salida and pay the required fee. It shall be unlawful for any person to sell any goods or services on public property within the City of Salida except as provided by this Section (Ord. 2013-12).
(2) Application required. Applications for an outdoor vending permit shall be made to the City of Salida on forms provided therefore. Approval of permit is subject to administrative review by the City Administrator. City Council is to be notified during a regular City Council meeting of new and approved applications. The City Administrator may at his or her discretion forward any such applications subject to administrative review to the City Council for review and approval or denial.
(3) Duration of use. Permits for outdoor vendors shall be granted for a period not to exceed more than one hundred eighty (180) total days in one calendar year, in increments of 7, 30, 90 and 180 days.
(4) Use allowed. Vending is permitted on the following types of public property in the C-1 and C-2 zone districts, City parks excluding Riverside Park. Vending is not permitted on City sidewalks or public parking lots.
(5) Number of permits: Only two active permits will be issued for any specified property at any given time.
(6) Hours of operation. Vendors are allowed to conduct business during park hours only, 6:00 a.m. to 10:00 p.m.
(7) Permit display. Permit must be prominently displayed while vending.
(8) Accessibility. The location of the vending device may not cause congestion of vehicular or pedestrian traffic and shall not be placed in a right-of-way.
6-2-20. Application and issuance. (a) Multiple vendor event permit requirements.
(1) Any person desiring a multiple vendor event permit shall apply to the City Administrator at least thirty (30) days prior to the date of the intended use on forms provided by the City Clerk.
(2) The City Administrator may issue a multiple vendor event permit upon the following conditions:
(i) The proposed use will not unreasonably interfere with or detract from the general public enjoyment of the park.
(ii) That the proposed use will not unreasonably interfere or detract from the promotion or protection of the public health, welfare and safety.
(iii) That the proposed use is not reasonably anticipated to lead to or incite violence, crime, disorderly conduct or injury or damage to City property or patrons. (iv) That the proposed use will not entail extraordinary expense to the City.
(v) That the proposed location in whole or part has not been previously reserved for another use at the same date and time requested in the application. (vi) The applicant has paid the appropriate fee established by the City Council.
(vii) The City Administrator may submit any multiple vendor event permit application to the City Council. The City Administrator or City Council’s decision regarding the application shall be final.
(b) Outdoor vendor permit requirements. (1) Application must be submitted a minimum of seven days before vending is to commence.
(2) The City Administrator may issue outdoor vendor permits upon the following conditions:
(i) Signage: A maximum of two (2) signs up to 24 square feet each are permitted. One (1) offsite sign is allowed within 15 feet or less of the vending vehicle or cart.
(ii) Utilities: Use of public utilities is subject to approval depending on location, availability and compatibility.
(iii) Insurance: Prior to issuance of the permit, the applicant shall demonstrate adequate insurance coverage is in place. The City Administrator, at his or her discretion, may require that the City be named as an additional insured.
(iv) Valid sales tax license: Each vendor shall maintain a copy of the vendor’s current state sales tax license and post the license at his or her location.
(v) Food license (if applicable): Each vendor shall obtain a retail food license from the
Chaffee County Department of Environmental Health and post the license at his or her location.
(vi) Removal: Vending device must be moved after 48 hours.
(viii) Permit transferrable. Permits are transferrable to all applicable public spaces and parks as listed on the application and permit.
(c) The City Administrator may submit any multiple vendor event permit or outdoor vendor permit applications to the City Council. The City Administrator or City Council’s decision regarding the application shall be final.
ARTICLE III
Marijuana Sec. 6-3-10. Definitions. Amendment 64 means a voter-initiated amendment to the Colorado Constitution adopted in
November 2012 adding Section 16 of Article 18 to the Colorado Constitution (Ord. 2013-22). Colorado Medical Marijuana Code means Article 43.3 of Title 12, Colorado Revised Statutes. Consumer means a person twenty-one years of age or older who purchases marijuana or
marijuana products for personal use by persons twenty-one years of age or older, but not for resale to others.
Department means the Department of Revenue or its successor agency. Industrial hemp means the plant of the genus cannabis and any part of such plant, whether
growing or not, with a Delta-9 Tetrahydrocannabinol concentration that does not exceed three-tenths percent on a dry weight basis.
Marijuana or Marihuana means all parts of the plant of the genus cannabis whether growing or
not, the seeds the thereof, the resin extracted from any part of the plant, and every compound, manufacture, salt, derivative, mixture or preparation of the plant, its seeds, or its resin, including marihuana concentrate. Marijuana or Marihuana does not include industrial hemp, nor does it include fiber produced from the stalks, oil or cake made from the seeds of the plant, sterilized seed of the plant which is incapable of germination, or the weight of any other ingredient combined with marijuana to prepare topical or oral administrations, food, drink or other product.
Marijuana accessories means any equipment, products, or materials of any kind which are used,
intended for use, or designed for use in planting, propagating, cultivating, growing, harvesting, composting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, vaporizing, or containing marijuana, or for ingesting, inhaling, or otherwise introducing marijuana into the human body.
Marijuana cultivation facility means an entity licensed to cultivate, prepare, and package
marijuana and sell marijuana to retail marijuana stores, to marijuana product manufacturing facilities, and to other marijuana cultivation facilities, but not to consumers.
Marijuana establishment means a marijuana cultivation facility, a marijuana testing facility, a
marijuana product manufacturing facility or a retail marijuana store. Marijuana product manufacturing facility means an entity licensed to purchase marijuana;
manufacture, prepare, and package marijuana products; and sell marijuana and marijuana products to other marijuana product manufacturing facilities and to retail marijuana stores, but not to consumers.
Marijuana products means concentrated marijuana products and marijuana products that are
comprised of marijuana and other ingredients and are intended for use or consumption, such as, but not limited to, edible products, ointments, and tinctures.
Marijuana testing facility means an entity licensed to analyze and certify the safety and potency
of marijuana. Medical marijuana center means an entity licensed by a State agency to sell marijuana and
marijuana products pursuant to Section 14 of this Article and the Colorado Medical Marijuana Code.
Retail marijuana store means an entity licensed to purchase marijuana from marijuana cultivation
facilities and marijuana and marijuana products from marijuana product manufacturing facilities and to sell marijuana and marijuana products to consumers.
6-3-20. Applicability of provisions. In addition to any other rules or laws which may be applicable, this Article shall govern all licensing proceedings before the Local Licensing Authority. Unless superseded by this Article, the provisions of Sections 12-43.3-101, et seq., 25-1.5-106, 25-5-403, 16-2.5-121, 16-2.5-124.5, 24-72-202(6)(b), and 39-26-726, C.R.S., as may be amended, and 1 C.C.R. §212, as may be amended, shall apply to medical marijuana licenses. 6-3-30. Designation of local licensing authority. (a) The Local Licensing Authority for the City shall be the City Administrator. (b) The City Clerk shall assist the Local Licensing Authority by receiving all applications, coordinating with other City officers and departments when relevant, scheduling required public hearings and exercising his or her discretion in forwarding renewals, change of ownership and employment notices, and other licensing related requests to the Local Licensing Authority. 6-3-40. Application for license. (a) A person seeking to obtain a license pursuant to this Article shall file an application with the Local Licensing Authority. The form of the application shall be provided by the Local Licensing Authority. (b) An application for a local license under this Article shall contain the following information: (1) The name, address, telephone number, date of birth and social security number of all owners of the medical marijuana center, or if it is a business entity, the names of each natural person who owns any ownership interest in the entity;
(2) The street address, and unit number, if applicable, of the proposed medical marijuana center and a complete description including sketch diagram of the site for which the license is being obtained;
(3) If the applicant is not the owner of the proposed location of the medical marijuana center, a statement from the owner of such property on a City-approved form authorizing the submission of the application;
(4) A completed set of the applicant’s fingerprints;
(5) A statement to be initialed by the applicant that the City accepts no legal liability in connection with the approval and subsequent operation of the medical marijuana center.
(6) A consent and acknowledgment that the City may conduct a background investigation of each owner; and
(7) Any additional information that the Local Licensing Authority reasonably determines to be necessary in connection with the investigation and review of the application.
(c) Applications deemed complete shall be processed by the Local Licensing Authority in order of receipt and incomplete applications will be rejected. 6-3-50. Licensing fees. An applicant shall pay to the City a non-refundable application fee to pick up an application and to file the application to cover the administrative costs of producing and processing the application. The application fee shall be established by resolution of the City Council, as may be amended from time to time. An applicant shall further pay for the required background investigation as the actual cost of being fingerprinted and any outside professional costs incurred by the City related to the application. 6-3-60. Denial of license. (a) The Local Licensing Authority shall deny an application for a license under this Article, if the Local Licensing Authority determines that:
(1) Information contained in the application or supplemental information requested from the applicant is found to be false in any material respect; or
(2) The application fails to meet any of the standards set forth in Section 16-4-50(g) of this Code.
(3) The application fails to meet any of the standards set forth in the Colorado Medical Marijuana Code, regulations promulgated by the MMED, or any other applicable law.
(b) The Local Licensing Authority may deny an application if the applicant or any owner of an applicant business has previously been convicted of a felony violation within the past five years. (c) If an application is denied, the application fee shall not be refunded. 6-3-70. Decision by Local Licensing Authority. (a) The Local Licensing Authority shall approve, deny, or conditionally approve an application within forty five (45) days of the receipt of the completed application, unless, by written notice to the applicant, the decision period is extended for an additional ten (10) days if necessary for the
Local Licensing Authority to complete the review of the application or other such time to complete the background investigation. The Local Licensing Authority, at his or her discretion, may hold a public hearing on the proposed license to be held not less than thirty (30) days after the date of the application. Notice and procedure for the hearing shall comply with the provisions of C.R.S. §§12-43.3-302 and 303. (b) If an applicant is denied, the Local Licensing Authority shall clearly set forth in writing the grounds for denial. (c) The Local Licensing Authority shall have the authority to impose such reasonable terms and conditions on a license as may be necessary to protect the public health, safety and welfare, and to obtain compliance with the requirements of this Article and applicable law. In the event an application is conditionally approved, the Local Licensing Authority shall clearly set forth in writing the conditions of approval. 6-3-80. Notice of decision. The Local Licensing Authority shall notify the applicant of the decision on the application by mailing a copy of its decision to the applicant by regular mail, postage prepaid, at the address shown in the application. Notice is deemed to have been properly given upon mailing. 6-3-90. Appeal of license decision. (a) An applicant has the right to appeal the Local Licensing Authority’s denial or conditional approval of an application to the City Council by filing a written request with the City Clerk within twenty (20) days of the date of the notice of the decision described in Section 6-3-80 of this Code. An appealing applicant shall pay the appeal fee as established by resolution of the City Council and amended from time to time and reimburse the City for any outside professional costs incurred by the City related to the appeal. (b) The applicant shall be provided with not less than ten (10) days prior written notice of an appeal hearing to be held by the City Council. (c) The burden of proof in an appeal filed under this Section shall be on the applicant. (d) Any decision made by the City Council pursuant to this Section shall be a final decision and may be appealed to the district court pursuant to Rule 106(a)(4) of the Colorado Rules of Civil Procedure. The applicant’s failure to timely appeal the decision shall be a waiver of the applicant’s right to contest the denial or conditional approval of the application. 6-3-100. License. (a) A license shall contain the following information:
(1) The name of the licensee;
(2) The date of the issuance of the license;
(3) The address at which the licensee is authorized to operate the medical marijuana center;
(4) Any special conditions of approval imposed upon the license by the Local Licensing Authority, pursuant to Section 6-3-70; and
(5) The date of the expiration of the license.
(b) A license must be signed by both the applicant and the Local Licensing Authority to be valid. (c) A license is non-assignable and any attempt to assign a license voids the license. (d) A license may only be transferred to a different location following the payment of the license transfer fee as established by resolution of the City Council and amended from time to time, submitting the application materials and complying with the requirements relevant to location and structures contained in this Code, and approval of the license transfer by the Local Licensing Authority following the application process set forth in this Article. (e) A license shall be continuously posted in a conspicuous location at the medical marijuana center. 6-3-110. Duration of license; renewal. (a) Each license issued pursuant to this Article shall be valid for one (1) year from the date of issuance, and may be renewed as provided in this Section. (b) An application for the renewal of an existing license shall be made to the Local Licensing Authority not less than forty five (45) days prior to the date of expiration. No application for renewal shall be accepted by the Local Licensing Authority after such date. (c) The provisions of Sections 6-3-30 through 6-3-90, inclusive, shall apply to the processing of an application to renew a license unless specifically waived by the Local Licensing Authority based upon no changed circumstances. The timely filing of a renewal application shall extend the current license until a final decision is made on the renewal application, including any appeal of the Local Licensing Authority’s decision to the City Council. (d) The applicant shall at the time of an application to renew a license not be delinquent on any applicable City’s fees or taxes. (e) At the time of the filing of an application for the renewal of an existing license the applicant shall pay a renewal fee in an amount established by resolution of the City Council, as may be amended. (f) The Local Licensing Authority may refuse to renew a license for good cause. 6-3-120. Duties of licensee. It is the duty and obligation of each licensee to do the following:
(1) Comply with all of the terms and conditions of the license, and any special conditions on the license imposed by the Local Licensing Authority, pursuant to Section 6-3-70.
(2) Comply with all of the requirements of this Article;
(3) Comply with all other applicable City ordinances;
(4) Comply with all state laws and administrative regulations pertaining to the medical use of marijuana, including, but not limited to, Amendment 20; the Colorado Medical Marijuana Code; and the administrative regulations issued by the MMED found at 1 CCR 212, all as amended from time to time.
(5) Permit inspection of its records and operation by the Local Licensing Authority for the purpose of determining the licensee’s compliance with the terms and conditions of the license and this Article; provided, however, that confidentiality of patient records shall be maintained pursuant to state law.
6-3-130. Suspension or revocation of license. (a) A license issued pursuant to this Article may be suspended or revoked by the Local Licensing Authority for the following reasons:
(1) Fraud, misrepresentation, or a false statement of material fact contained in the license application;
(2) A violation of any City, state, or federal law or regulation, other than a federal law or regulation concerning the possession, sale or distribution of marijuana that conflicts with Amendment 20;
(3) A violation of any of the terms and conditions of the license, including any special conditions of approval imposed upon the license by the Local Licensing Authority pursuant to Section 6-3-70;
(4) A violation of any of the provisions of this Article or applicable zoning regulations at Chapter 16 of this Code;
(5) Operations have ceased at the medical marijuana center for more than thirty (30) days including during a change of ownership of the dispensary; or
(6) Ownership of the medical marijuana center has been transferred without the new owner obtaining a license pursuant to this Article.
(b) In connection with the suspension of a license, the Local Licensing Authority may impose reasonable conditions. (c) The Local Licensing Authority shall notify the licensee of the decision to suspend or revoke the license within three (3) business days of rendering the decision. Notice shall be given pursuant to the procedure established in Section 6-3-80. (d) No suspension or revocation shall be final until the licensee has been given the opportunity for a hearing to address the suspension or revocation. The licensee has the right to appeal the Local Licensing Authority’s suspension or revocation to the City Council by filing a written request with the Local Licensing Authority within twenty (20) days of the date of the Notice of Decision issued by the
Local Licensing Authority, as described in Section 6-3-80 above. The process for appeal of a suspension or revocation shall be as set forth in Section 6-3-90 of this Code. 6-3-140. Application for retail marijuana license. (a) A person seeking to obtain a retail marijuana license pursuant to this Article shall file an application with the Local Licensing Authority and the State as may be required. The form of the application shall be provided by the Local Licensing Authority or the State as applicable (Ord. 2013-22). (b) Applications deemed complete shall be processed by the Local Licensing Authority in order of receipt and incomplete applications will be rejected. 6-3-150. Licensing fees. An applicant shall pay to the City a non-refundable application fee to pick up an application and to file the application to cover the administrative costs of producing and processing the application. The application fee shall be established by resolution of the City Council, as may be amended from time to time. 6-3-160. Denial of retail marijuana license. (a) The Local Licensing Authority shall deny an application for a retail marijuana license under this Article, if the Local Licensing Authority determines that:
(1) Information contained in the application or supplemental information requested from the applicant is found to be false in any material respect; or
(2) The application fails to meet any of the standards set forth in Section 16-4-50(g) of this Code.
(3) The application fails to meet any of the standards set forth in the Colorado Retail Marijuana Code, regulations promulgated by the MMED, or any other applicable law.
(b) The Local Licensing Authority may deny an application if the applicant or any owner of an applicant business has previously been convicted of a felony violation within the past five years. (c) If there are currently two licensed marijuana retailers operating with the City. (d) If an application is denied, the application fee shall not be refunded. 6-3-170. Decision by Local Licensing Authority. (a) The Local Licensing Authority shall approve, deny, or conditionally approve an application within forty five (45) days of the receipt of the completed application, unless, by written notice to the applicant, the decision period is extended for an additional ten (10) days if necessary for the Local Licensing Authority to complete the review of the application or other such time to complete the background investigation. The Local Licensing Authority, at his or her discretion, may hold a public hearing on the proposed retail marijuana license to be held not less than thirty (30) days after the date of the application. Notice and procedure for the hearing shall comply with the provisions of State Marijuana Code C.R.S. §12-43.4 et seq.
(b) If an application is denied, the Local Licensing Authority shall clearly set forth in writing the grounds for denial. (c) The Local Licensing Authority shall have the authority to impose such reasonable terms and conditions on a retail marijuana license as may be necessary to protect the public health, safety and welfare, and to obtain compliance with the requirements of this Article and applicable law. In the event an application is conditionally approved, the Local Licensing Authority shall clearly set forth in writing the conditions of approval. 6-3-180. Notice of decision. The Local Licensing Authority shall notify the applicant of the decision on the application by mailing a copy of its decision to the applicant by regular mail, postage prepaid, at the address shown in the application. Notice is deemed to have been properly given upon mailing. 6-3-190. Appeal of retail marijuana license decision. (a) An applicant has the right to appeal the Local Licensing Authority’s denial or conditional approval of an application to the City Council by filing a written request with the City Clerk within twenty (20) days of the date of the notice of the decision described in Section 6-3-180 of this Code. An appealing applicant shall pay the appeal fee as established by resolution of the City Council and amended from time to time and reimburse the City for any outside professional costs incurred by the City related to the appeal. (b) The applicant shall be provided with not less than ten (10) days prior written notice of an appeal hearing to be held by the City Council. (c) The burden of proof in an appeal filed under this Section shall be on the applicant. (d) Any decision made by the City Council pursuant to this Section shall be a final decision and may be appealed to the district court pursuant to Rule 106(a)(4) of the Colorado Rules of Civil Procedure. The applicant’s failure to timely appeal the decision shall be a waiver of the applicant’s right to contest the denial or conditional approval of the application. 6-3-200. Retail marijuana license. (a) A retail marijuana license shall contain the following information:
(1) The name of the retail marijuana licensee;
(2) The date of the issuance of the retail marijuana license;
(3) The address at which the retail marijuana licensee is authorized to operate the retail marijuana center;
(4) Any special conditions of approval imposed upon the retail marijuana license by the Local Licensing Authority, pursuant to Section 6-3-70; and
(5) The date of the expiration of the retail marijuana license.
(b) A retail marijuana license must be signed by both the applicant and the Local Licensing Authority to be valid. (c) A retail marijuana license is non-assignable and any attempt to assign a retail marijuana license voids the retail marijuana license. (d) A retail marijuana license may only be transferred to a different location following the payment of the retail marijuana license transfer fee as established by resolution of the City Council and amended from time to time, submitting the application materials and complying with the requirements relevant to location and structures contained in this Code, and approval of the retail marijuana license transfer by the Local Licensing Authority following the application process set forth in this Article. (e) A retail marijuana license shall be continuously posted in a conspicuous location at the retail marijuana center. 6-3-210. Duration of retail marijuana license; renewal. (a) Each retail marijuana license issued pursuant to this Article shall be valid for one (1) year from the date of issuance, and may be renewed as provided in this Section. (b) An application for the renewal of an existing retail marijuana license shall be made to the Local Licensing Authority not less than forty five (45) days prior to the date of expiration. No application for renewal shall be accepted by the Local Licensing Authority after such date. (c) The provisions of Sections 6-3-200(a) through 6-3-200(e), inclusive, shall apply to the processing of an application to renew a retail marijuana license unless specifically waived by the Local Licensing Authority based upon no changed circumstances. The timely filing of a renewal application shall extend the current retail marijuana license until a final decision is made on the renewal application, including any appeal of the Local Licensing Authority’s decision to the City Council. (d) The applicant shall at the time of an application to renew a retail marijuana license not be delinquent on any applicable City’s fees or taxes. (e) At the time of the filing of an application for the renewal of an existing retail marijuana license the applicant shall pay a renewal fee in an amount established by resolution of the City Council, as may be amended. (f) The Local Licensing Authority may refuse to renew a retail marijuana license for good cause. 6-3-220. Duties of retail marijuana licensee. It is the duty and obligation of each retail marijuana licensee to do the following:
(1) Comply with all of the terms and conditions of the retail marijuana license, and any special conditions on the retail marijuana license imposed by the Local Licensing Authority, pursuant to Section 6-3-70.
(2) Comply with all of the requirements of this Article;
(3) Comply with all other applicable City ordinances;
(4) Comply with all state laws and administrative regulations pertaining to the retail use of marijuana, including, but not limited to, Amendment 64; the Colorado Retail Marijuana Code; and the administrative regulations issued by the MMED.
(5) Permit inspection of its records and operation by the Local Licensing Authority for the purpose of determining the retail marijuana licensee’s compliance with the terms and conditions of the retail marijuana license and this Article.
6-3-230. Suspension or revocation of retail marijuana license. (a) A retail marijuana license issued pursuant to this Article may be suspended or revoked by the Local Licensing Authority for the following reasons:
(1) Fraud, misrepresentation, or a false statement of material fact contained in the retail marijuana license application;
(2) A violation of any City, state, or federal law or regulation, other than a federal law or regulation concerning the possession, sale or distribution of marijuana that conflicts with Amendment 64;
(3) A violation of any of the terms and conditions of the retail marijuana license, including any special conditions of approval imposed upon the retail marijuana license by the Local Licensing Authority pursuant to Section 6-3-200;
(4) A violation of any of the provisions of this Article or applicable zoning regulations at Chapter 16 of this Code;
(5) Operations have ceased at the retail marijuana center for more than thirty (30) days including during a change of ownership; or
(6) Ownership of the retail marijuana center has been transferred without the new owner obtaining a retail marijuana license pursuant to this Article.
(b) In connection with the suspension of a retail marijuana license, the Local Licensing Authority may impose reasonable conditions. (c) The Local Licensing Authority shall notify the retail marijuana licensee in writing of the decision to suspend or revoke the retail marijuana license within three (3) business days of rendering the decision. (d) No suspension or revocation shall be final until the retail marijuana licensee has been given the opportunity for a hearing to address the suspension or revocation. The retail marijuana licensee has the right to appeal the Local Licensing Authority’s suspension or revocation to the City Council by filing a written request with the Local Licensing Authority within twenty (20) days of the date of the Notice of Decision issued by the Local Licensing Authority, as described in Section 6-3-230 above.
ARTICLE IV Arborist License
6-4-10. Licensing. (a) It shall be unlawful for any person or entity to engage in the business or occupation of trimming, pruning, treating or removing trees within the City without first applying for and procuring a license from the City Clerk. The license fee shall established by resolution of City Council, as may be amended from time to time, and payable annually in advance. Before any license is issued, the applicant must pass a written and/or practical test administered by an individual designated by the City Administrator, and the test results filed with the City Clerk. With the receipt of the license, the applicant shall receive a copy of the City of Salida Tree Pruning and Tree Removal Specifications. The licensee will be required to sign a statement stating that he or she has read the ordinance codified herein and that he or she has read and agrees to abide by the Tree Pruning and Tree Removal Specifications. (b) The arborist license provisions of this Article shall not be required of public utility companies, but they shall be required to adhere to the Tree Pruning and Tree Removal Specifications. (c) Persons who spray or apply pesticides to shrubs, trees, or any parts of trees, for hire shall be licensed by the State Department of Agriculture. 6-4-20. Insurance. Every license applicant shall file evidence of possession of liability insurance in the amount of at least one hundred fifty thousand dollars ($150,000.00) for bodily injury and at least six hundred thousand dollars ($600,000.00) for property damage. 6-4-30. Revocation. Any license issued is subject to suspension or revocation by the City Administrator upon the recommendation of a consulting arborist contracted by the City for violation of the City of Salida Tree Pruning and Tree Removal Specifications on public or private property. 6-4-40. Penalties. In addition to any other remedies available at law or equity, engaging in the business or occupation of pruning, treating or removing trees within the City without a license shall subject the licensee to a fine in an amount to be established by resolution of the City Council, as may be amended from time to time, to be collected in the manner provided for penalty assessments as provided in Chapter 1, Article VII of this Code.
CHAPTER 7
Health, Sanitation and Animals
Article I Administration and Abatement of Nuisances
Sec. 7-1-10 Definitions Sec. 7-1-20 Common law nuisances Sec. 7-1-30 Author of nuisances Sec. 7-1-40 Prohibition of nuisances Sec. 7-1-50 Abatement of nuisances Sec. 7-1-60 Emergency abatement Sec. 7-1-70 Right of entry Sec. 7-1-80 Report of costs Sec. 7-1-90 Recovery of expenses; assessment policy Sec. 7-1-100 Remedies Sec. 7-1-110 Violations and penalties
Article II Nuisances
Sec. 7-2-10 Accumulation to constitute nuisances Sec. 7-2-20 Streams and water supply Sec. 7-2-30 Stagnant ponds Sec. 7-2-40 Sewer inlet Sec. 7-2-50 Offensive premises Sec. 7-2-60 Nauseous liquids Sec. 7-2-70 Stale matter Sec. 7-2-80 Garbage and manure Sec. 7-2-90 Annoying conditions Sec. 7-2-100 Noisemakers Sec. 7-2-110 Abandoned containers Sec. 7-2-120 Vacant residential dwellings Sec. 7-2-130 Burial within City limits
Article III Garbage
Sec. 7-3-10 Garbage and junk Sec. 7-3-20 Garbage and refuse removal Sec. 7-3-30 Responsibility for refuse on premises
Article IV Weeds, Brush, Noxious Plants, and Trees Sec. 7-4-10 Undesirable plant management advisory commission designated Sec. 7-4-20 Adoption and enforcement of County weed regulations Sec. 7-4-30 Declaration of nuisance Sec. 7-4-40 Duty of property owner to cut Sec. 7-4-50 Failure to cut weeds or remove rubbish Sec. 7-4-60 Assessment of weed cutting and rubbish removal costs; lien Sec. 7-4-70 Exceptions and exclusions Sec. 7-4-80 Prohibited trees Sec. 7-4-90 Control of trees and shrubs
Article V Animals
Division 1 General Provisions Sec. 7-5-10 Definitions Sec. 7-5-20 Enforcement Sec. 7-5-30 Animal Shelter Sec. 7-5-40 Inspections Sec. 7-5-50 Impoundment and disposition Sec. 7-5-60 Animal at large Sec. 7-5-70 Penalties
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Typewritten Text
Sec. 7-5-80 Sanctions Division 2 Animal Control and Enforcement
Sec. 7-5-200 Keeping of numerous animals Sec. 7-5-210 Large animals Sec. 7-5-220 Animal nuisances Sec. 7-5-230 Sanitation Sec. 7-5-240 Cruelty to domestic animals Sec. 7-5-250 Restraint and confinement generally Sec. 7-5-260 Restraint of vicious or dangerous animals
CHAPTER 7
Health, Sanitation and Animals
ARTICLE I
Administration and Abatement of Nuisances 7-1-10. Definitions.
As used in this Chapter, the following terms shall have the meanings indicated: Brush means voluntary growth of bushes and such as are growing out of place at the location
where growing, and shall include all cuttings from trees and bushes; and also high and rank shrubbery growth which may conceal filthy deposits.
Code Enforcement Officer means the Chief of Police or any other designated agent of the City. Herbaceous plant means any seed plant whose stem withers away to the ground after each
season's growth as distinguished from a tree, shrub or bush, whose woody stem lives from year to year.
Litter means the scattering or dropping of rubbish, trash or other matter, organic or mineral. Refuse means and includes any grass clippings, leaves, hay, straw, manure, shavings, excelsior,
paper, ashes, rubbish containers, boxes, glass, cans, bottles, garbage, waste and discarded building and construction materials, including but not limited to plaster, broken concrete, bricks, cinder blocks, stones, wood, roofing material, wire or metal binding, sacks or loose discarded or unused material; all rubbish of any kind or nature whatsoever; and any other materials commonly known as rubbish or refuse of any kind or character or by any means known.
Rubbish means any type of debris, trash, waste or rejected matter. Trash means any worn out, broken up or used refuse, rubbish, toppings, twigs, leaves of trees or
worthless matter or material. Turfgrass means any of a variety or combination of varieties of perennial grasses, such as
Kentucky bluegrass or rye, historically used for residential lawns and typically maintained at a height not exceeding six (6) to eight (8) inches.
Weed means an unsightly, useless, troublesome or injurious growing herbaceous plant, but
excludes plants in flower and vegetable gardens, small plots of wheat, barley, oats or rye and planned and maintained shrub and woody plants, unless such plants or vegetable growth exhale unpleasant and noxious odors or conceal filthy deposits or rodents.
7-1-20. Common law nuisances. Any nuisance which has been declared to be such by state courts or statutes or known as such at common law shall constitute a nuisance in the City. 7-1-30. Author of nuisances. Any person who makes or causes such nuisance to exist shall be deemed to be the author thereof.
7-1-40. Prohibition of nuisances.
(a) It is unlawful for any person to own, occupy or have under his or her control any property, building, lot or premises with any nuisance located thereon. (b) It is unlawful and an offense for any person to: (1) Do any act constituting a nuisance; (2) Knowingly fail to act where such failure causes or continues a nuisance; (3) Permit any activity or condition constituting a nuisance; or (4) Aid or abet in the creation or maintenance of a nuisance. 7-1-50. Abatement of nuisances. (a) Purpose. The purpose of this Section is to provide for a procedure by which the City can enforce the various environmental concerns addressed by this Chapter, and to establish a policy authorizing the City to take corrective enforcement measures should any landowner, tenant or occupant of any property located within the City fail to voluntarily comply with any provision of this Chapter. Abatement of any nuisance as set forth in this Section shall be optional at the sole discretion of the City, and shall not prevent the City from availing itself of any other enforcement or criminal action, including the issuance of a summons to appear in Municipal Court. (b) Procedure. (1) In all cases where a nuisance shall be found in any building or upon any ground or other
premises within the jurisdiction of the City, at least twenty-four (24) hours' notice shall be given in writing, signed by the Chief of Police to the owner of the premises or occupant or person in possession, charge or control of such building or other premises or person creating such nuisance where such person is known and can be found to remove such nuisance. In the event that such person cannot be found, notice shall be posted on the property.
(2) Should any such nuisance, within or upon any public or private premises or as aforesaid,
not be corrected within the time period stated in the notice provided for in Paragraph (1) hereof, which time period shall not be less than ten (10) days, the City Administrator may declare such to be a nuisance and order the abatement of such nuisance, which order shall be executed without delay, and the City Administrator shall have the authority to call for the necessary assistance therefor.
(3) In case of any such nuisance in or upon any street, avenue, alley, sidewalk, highway or
public grounds in the City, the City may abate the nuisance forthwith without such notice being given.
(4) Any officer who shall be duly authorized to abate any nuisance specified in this Chapter
shall have the authority to engage the necessary assistance and incur the necessary expense therefor.
(c) If the individual responsible does not abate the nuisance within the stated period of time, the City may elect to abate the nuisance by entering upon the property and removing the condition or conditions constituting a nuisance. The City may abate any nuisance by authorizing a private contractor to enter the property and remove the condition or conditions. 7-1-60. Emergency abatement. Where, in the opinion of the City Administrator or Chief of Police, a nuisance constitutes an immediate and serious danger to the public health, safety or welfare or, in the case of any nuisance in or upon any street, or other public way or public ground in the City, the designated official shall have authority to summarily abate the nuisance without notice of any kind. 7-1-70. Right of entry. The Code Enforcement Officer may, where reasonable cause exists and at the direction of the Chief of Police, with or without a warrant issued by a court of competent jurisdiction, including the Municipal Court, enter upon any land to examine the same to ascertain whether any nuisance exists, or to abate a nuisance in the manner provided in this Chapter. If the owner or keeper thereof refuses to permit entry, the Chief of Police may apply to the Municipal Court for a search warrant for the purpose of ascertaining whether a nuisance exists upon any premises within the City. The City and the Code Enforcement Officer shall be free from any action or liability on account thereof. Such authority does not allow entry into any building or structure without consent or a court order, or under other circumstances allowed by law. 7-1-80. Report of costs. Upon the completion of any work by the City contemplated by this Chapter, the Code Enforcement Officer shall report, in writing, to the City Administrator, which report shall make a clear statement of the work done by the City and the expense incurred in so doing, so that the City Administrator may determine the cost of such work. The Code Enforcement Officer shall make a separate report for each lot or parcel of land. 7-1-90. Recovery of expenses; assessment policy. (a) Upon the City or contractor's completing eradication of the violation pursuant to Section 7-1-50, a notice of assessment, including the right to a hearing as set forth in Chapter 1, Article VIII of this Code, shall be sent by certified mail return receipt requested from the City Clerk to the property owner at the address listed for the property owner in the County records and to the property address. If any such notice is returned, the property will be posted with the notice. (b) For purposes of this Section, property owner shall include renters, lessees, occupants or persons in possession of the property. (c) Collection on nuisance assessments shall be conducted according to the procedure for administrative citations set forth at Chapter 1, Article VII of this Code. Unpaid assessments issued pursuant to this Chapter shall be a lien upon the respective lot or parcel of land from the time of such assessment, and the City shall have all remedies for collection thereof provided by state statutes, for the purpose of having the same placed upon the tax list and collected in the same manner as taxes are now collected. The assessment shall be a lien against each lot or tract of land until it is paid and shall have priority over all other liens except general taxes and prior special assessments.
(d) Assessment imposed by the City pursuant to this Chapter shall include administrative costs of collection, including, but not limited to, a ten percent (10%) administrative fee and attorneys fees and costs. (e) In addition to or in lieu of any procedure for abatement, a direct complaint may be filed by any person or police officer against any person who violates any provision of this Chapter. 7-1-100. Remedies. (a) No remedy provided herein shall be exclusive, but the same shall be cumulative. The taking of any action hereunder, including charge or conviction of a violation of this Chapter in the Municipal Court, shall not preclude or prevent the taking of other action hereunder to abate or enjoin any nuisance found to exist. (b) Whenever a nuisance exists, no remedy provided for herein shall be exclusive of any other charge or action, and when applicable the abatement provisions of this Chapter shall serve as and constitute a concurrent remedy over and above any charge or conviction of any municipal offense or any other provision of law. Any application of this Chapter that is in the nature of a civil action shall not prevent the commencement or application of any other charges brought under this Code or any other provision of law. 7-1-110. Violations and penalties. Any person who violates, disobeys, omits, neglects, refuses to comply with or resists any of the provisions of this Chapter shall be guilty of a misdemeanor, and upon conviction thereof shall be subject to the provisions of Chapter 1, Article IV of this Code. Further, the City shall be entitled to pursue any other civil or criminal remedy available at law to enforce the provisions of this Chapter.
ARTICLE II
Nuisances
7-2-10. Accumulation to constitute nuisances. Whenever there shall be in or upon any lot or piece of ground within the limits of the City any damaged merchandise, litter, trash, rubbish, garbage, wrecked car, inoperable vehicles or other wrecked vehicles or an accumulation of junk vehicles or junk of any type upon any private or public property, except in areas specifically zoned in Chapter 16 of this Code for said purposes or otherwise designated by the City for such purposes, the existence of any such material or items shall constitute a nuisance and shall be in violation of this Article. 7-2-20. Streams and water supply.
Any pond, pool, stream, ditch or deposit of water or other liquid or viscous body which is unsafe, dangerous, or detrimental to the public health or safety, or unwholesome or offensive in odor, shall be deemed a nuisance. No person shall throw or deposit or cause or permit to be thrown or deposited in the City anything specified in any foregoing part of this Section, or any other substance that would tend to have a polluting effect, into the water of any stream, ditch, pond, well, cistern, trough or other body of water, whether artificially or naturally created, or so near any such place as to be liable to pollute the water.
7-2-30. Stagnant ponds. The permitting of stagnant water on any lot or piece of ground within the City limits is hereby declared to be a nuisance, and every owner or occupant of a lot or piece of ground within the City is hereby required to drain or fill up said lot or piece of ground whenever the same is necessary so as to prevent stagnant water or other nuisances from accumulating thereon, and it is unlawful for any such owner or occupant to permit or maintain any such nuisance. 7-2-40. Sewer inlet.
No person shall, in the City, deposit in or throw into any sewer, sewer inlet or privy vault or closet that shall have a sewer connection any article that might cause the sewer or sewer inlet to choke up, or that might cause such sewer, sewer inlet or privy vault or closet to become nauseous or offensive to others or injurious to the public health; or shall cause or permit any sewer, drainpipe, sewer inlet, vault, closet or cesspool to become choked and stopped up so that any of the contents thereof flows out and over any sidewalk, street, alley, lot or any other public or private place or premises. 7-2-50. Offensive premises. (a) No person shall maintain any unclean, leaking, foul, unsafe, dangerous, defective or filthy drain, privy, toilet, ditch, tank or gutter, or any leaking or broken garbage or other container for waste products. (b) No person shall maintain any cellar, vault, private drain, pool, privy, sewer or grounds upon any premises which becomes foul, nauseous or injurious to the public health. 7-2-60. Nauseous liquids. No distiller, bottler, laundryman, brewer, butcher, hotel or restaurant keeper or other person shall allow to be discharged or permit to flow from any property kept by him or her any foul or nauseous liquid or substance of any kind into or upon any street, alley or other public place or upon any adjacent private grounds or premises. 7-2-70. Stale matter.
No person shall keep, collect or use, or cause to be kept, collected or used, in the City any stale, putrid or stinking fat or grease or other stale matter, other than normal weekly trash accumulation. 7-2-80. Garbage and manure.
(a) Any unclean, foul, unsafe, unhealthy, dangerous, defective or filthy drain, ditch, tank or gutter, or any leaking or broken slop, garbage or manure box or receptacle of like character shall be deemed a nuisance. (b) Any accumulation of manure on premises where animals are kept, unless the premises are kept clean and the manure kept in a box or vault which is screened from flies and emptied at least once a week, shall be deemed a nuisance. (c) Every vehicle or trailer used to transport manure, garbage, swill or offal in any street shall be fitted with a substantially tight box thereon so that no portion of such filth will be scattered or thrown into such street.
7-2-90. Annoying conditions.
The creation of dense smoke, noxious fumes or odors, gas, soot or cinders in such quantities as to render the same objectionable to the public or harmful to people or property shall be deemed a nuisance; provided however, this shall not apply to fireplaces, wood stoves and barbecue facilities. 7-2-100. Noisemakers. The use of music, noisemakers or loudspeakers on the streets of the City for the sale or vending of products, advertising or other commercial purposes is hereby declared to be a nuisance and is prohibited by the terms of this Chapter. 7-2-110. Abandoned containers.
It shall be deemed a nuisance to own or maintain any icebox, refrigerator or other compartment capable of being airtight when the doors thereto are closed if the same is exposed to the access of children or the general public.
7-2-120. Vacant residential dwellings.
All broken windows in a vacant dwelling shall be replaced by the owner or agent within seventy-two (72) hours after notice is given by the Chief of Police. 7-2-130. Burial within City limits. (a) No person shall bury the remains of any dead person within the limits of the City. (b) When any animal dies in the City, it shall be the duty of the owner or keeper thereof to properly dispose of the body of such animal. If such body is not forthwith buried on the owner's private property or disposed of at a location licensed for dead animal disposal, the same shall be deemed a nuisance, and such owner or keeper will be the author of the nuisance.
Article III
Garbage
7-3-10. Garbage and junk. It is unlawful for any person to: (1) Store upon his or her property, place upon his or her property, or allow to remain on his
or her property any litter, junk, trash or garbage. (2) Cause or to permit to accumulate any litter, ashes or trash, or any such material that can
be blown away by the wind, anywhere in the City except in a container awaiting pickup and disposal.
(3) Display, or cause or allow to be displayed, upon his or her property any junk, unless the
junk is completely shielded and screened from the view of any member of the general public by a wall, fence or other similar barrier constructed in conformance with this Code.
(4) Store upon his or her property (or the property upon which he or she resides), or allow to be viewed by the general public or any member thereof, goods, material or substances not otherwise or specifically defined or definable as litter, trash, garbage or junk, but which goods, materials or substances are of a type, kind, quantity or description not commonly associated with the zoning classification or permitted use of the property.
(5) Dump or deposit, or cause to be dumped or deposited, litter, garbage, trash or junk on the
property of another or on property owned by the City, unless such property is clearly marked and designated as a proper dump or receptacle for the deposit of trash, garbage, junk or litter;
(6) Place or to permit to remain anywhere in the City any garbage or other material subject to
decay other than leaves or grass, except in watertight and airtight cans or containers, which neither creates an odor or stench or is accessible to animals. No section of this Chapter shall apply to vegetable materials in any properly layered, actively working compost pile, pit or trench.
(7) Drive or move any loaded truck or other loaded vehicle within the City, unless such
vehicle is loaded or covered so as to prevent any load, contents or litter from being blown or deposited upon any street, alley or other public place.
(8) Operate or cause to be operated on any highway or public way in the City any truck or
vehicle transporting garbage, trash or junk unless such vehicle or truck is fitted with a substantial, tight box or other container thereon so that no portion of such garbage, trash or junk shall be thrown or fall upon the highway or public way.
7-3-20. Garbage and refuse removal. (a) Discarded refuse, including automobile parts, stoves, furniture and junkyard refuse shall be removed periodically by the proprietor so that the premises are clean and orderly at all times. Silt and similar deposits from automobile wash racks shall be removed by the establishment creating such deposit. Any accumulation of refuse that is explosive or flammable which might endanger life or property shall be removed to such places as approved by the Chief of Police or the Fire Chief. Such removal shall be handled by the establishment responsible therefor. 7-3-30. Responsibility for refuse on premises.
It shall be the duty of every person, whether owner, lessee or renter of any vacant lot, building or premises, including any place of business, hotel, restaurant, dwelling house, apartment, tenement or any other establishment, at all times to maintain the premises in a clean and orderly condition, permitting no deposit or accumulation of refuse or materials other than those ordinarily attendant upon the use for which such premises are legally intended.
ARTICLE IV
Weeds, Brush, Noxious Plants, and Trees
7-4-10. Undesirable plant management advisory commission designated. The City Council is appointed to act as the Undesirable Plant Management Advisory Commission for the City and shall have the duties and responsibilities as provided by state statute. 7-4-20. Adoption and enforcement of County weed regulations.
The City hereby adopts the Chaffee County Noxious Weed Management Plan, as may be amended, as the official noxious weed management plan for the City. The Chaffee County Weed Department and its supervisor shall be authorized to enforce this Article within the City to the extent provided for by an intergovernmental agreement entered into between the County and the City, as may be amended. 7-4-30. Declaration of nuisance.
It is unlawful for any person who is an owner, owner's agent, occupant, or lessee of any occupied or unoccupied lot or any parcel of land in the City to permit the following declared nuisances: (1) Weeds in excess of twelve (12) inches anywhere on the land. (2) Any growth of brush or weeds that: a. Collects trash, debris or rubble; b. Creates a fire hazard; c. Harbors wildlife or pests that are hazards to public health or safety; or d. Contains a plant declared to be a noxious weed in Colorado according to the
Chaffee County Noxious Weed Management Plan. 7-4-40. Duty of property owner to cut. It is the duty of the owner, owner's agent, occupant, or lessee of any private property, including without limitation public utility and drainage ways within such private property, on or along any sidewalk adjoining the same, or in the alley behind the same, to keep all weeds cut or trimmed to the lengths described in Section 7-4-30. Such weeds shall be cut close to the ground and kept so cut, and all weeds, brush, and rubbish shall be removed from the City or otherwise entirely destroyed by the owner of the lot upon which the weeds, brush, and rubbish have been cut or accumulated. 7-4-50. Failure to cut weeds or remove rubbish.
If any owner, tenant or agent in charge fails to cut weeds or remove brush, trash and rubbish, as required by this Article, within ten (10) days after being notified to do so by the City in writing, the City Administrator may have the nuisance weeds cut or the nuisance brush, trash and rubbish removed by the City, and charge the cost thereof as an assessment to such owner, tenant or agent in charge, plus a fee for inspection and other administrative costs as established by resolution of the City Council, as may be amended. 7-4-60. Assessment of weed cutting and rubbish removal costs; lien.
(a) Failure to pay the assessment described in Section 7-4-50 within thirty (30) days shall cause such assessment to become a lien against such lot, block or parcel of land from the time of such assessment to be collected according to the procedure for administrative citations set forth at Section 7-1-90 and Chapter 1, Article VII of this Code. The City shall have all remedies for collection thereof provided by state statutes, for the purpose of having the same placed upon the tax list and collected in the same manner as taxes are now collected, and the lien shall have priority over all other liens except general taxes and prior special assessments.
7-4-70. Exceptions and exclusions.
(a) In order to retain certain city properties in their natural states, City parks, open space, and rights-of-way, and stream beds or banks are exempt from the weed requirements of Section 7-4-30 of this Chapter. (b) Wetlands are exempt from the requirements of this Chapter. (c) Planned gardens, including flower gardens, shrubbery, and vegetable gardens shall not be considered weeds for the purpose of this Article. Xeriscape landscaping on a parcel that is maintained is considered to be a planned garden for the purpose of this Article and is therefore exempt from the definition of weed. 7-4-80. Prohibited trees.
(a) It is unlawful to plant or cause to be planted anywhere within the corporate limits of the City any Russian olive tree, salt cedar tree, female boxelder tree, or female cottonwood tree, and the planting or setting out of these certain plants is declared to be a menace to public health, safety and welfare and a public nuisance
(b) It is unlawful to plant or cause to be planted on public rights-of-way within the corporate limits of the City any Lombardy poplar tree, white poplar tree, Siberian elm tree, aspen tree, or evergreen tree, and the planting or setting out of these certain plants is declared to be a menace to public health, safety and welfare and a public nuisance. (c) It shall be unlawful for any person to prevent, delay or interfere with the City, or any of its agents or servants, while engaging in and about the removal of any prohibited tree as defined herein. (d) The list of prohibited species described in subsection (a) shall be reviewed annually by the Tree Board. 7-4-90. Control of trees and shrubs. (a) Trees, shrubs and other vegetation which are dead, broken, diseased or infested by insects so as to endanger the well-being of other trees, shrubs or vegetation or constitute a potential threat or hazard to people or property within the City are hereby declared a nuisance. (b) The City shall give written notice to the owner or occupant of any property abutting City rights-of-way or other public property of any condition deemed unsafe caused by trees and other vegetation overhanging or projecting from such abutting property and onto or over such right-of-way or other public property with such unsafe condition. The City shall correct any such unsafe condition immediately upon the expiration of the notice period specified in the notice of abatement. (c) It is unlawful and deemed a nuisance for any person to cut, trim, spray, remove, treat or plant any tree, vine, shrub, hedge or other woody plant upon access-controlled arterials or other public parks and greenbelts within the City, unless authorized or directed by the City. (d) It is unlawful and deemed a nuisance for any person to injure, damage or destroy any tree, shrub, vine, hedge or other vegetation in or upon public rights-of-way or other public property within
the City, except any person who notifies the City of such injury, damage or destruction and makes arrangements to repair or replace such vegetation or pay for the cost of such repair or replacement
ARTICLE V
Animals
Division I
General Provisions 7-5-10. Definitions. When used in this Article, the following words, terms and phrases, and their derivations, shall have the meanings ascribed to them in this Section, except where the context clearly indicates a different meaning:
Animal means any live creature, both domestic and wild, except humans. Animal includes fowl, fish and reptiles.
Animal hospital means any establishment maintained and operated by a licensed veterinarian for surgery, diagnosis and treatment of animal diseases and injuries. Animal shelter means any licensed facility operated by the City or humane society for the temporary care, confinement and detention of animals and for the humane killing and other disposition of animals. The term shall also include any private facility authorized by the City Administrator to impound, confine, detain, care for or destroy any animal. Domestic animal includes dogs, cats, domesticated sheep, horses, cattle, goats, swine, fowl, ducks, geese, turkeys, confined domestic hares and rabbits, pheasants and other birds and animals raised and/or maintained in confinement.
Guard or attack dog means a dog trained to attack on command or to protect persons or property, and which will cease to attack upon command.
Owner means any person having temporary or permanent custody of, sheltering, having charge of, harboring, exercising control over or having property rights to, any animal covered by this Article. An animal shall be deemed to be harbored if it is fed or sheltered for three (3) or more consecutive days. Vicious animal means any animal, whether or not domesticated, that bites, attacks or attempts to bite or attack in a vicious or terrorizing manner humans or other animals; provided, however, that an animal shall not be deemed vicious by reason of having bitten or attacked the following: (a) Any person engaged in an unlawful entry into or upon the owner's property
where such animal is kept. (b) Any person engaged in an unlawful entry into or upon the owner's automobile or
other vehicle where the animal is confined. (c) Any person engaged in attacking, assaulting or molesting another.
(d) Any person who intentionally provokes such animal who bites or attacks any person or another animal.
(e) Any animal entering the owner's property where such owner's animal is kept,
provided that the entry is unauthorized.
Wild animal means any live monkey, nonhuman primate, raccoon, skunk, fox, leopard, panther, tiger, lion, lynx, bear or any other warm-blooded animal that can normally be found in the wild state. The term wild animal does not include: domestic dogs (excluding hybrids with wolves, coyotes or jackals), domestic cats (excluding hybrids with ocelots or margays), farm animals, rodents and captive-bred species of common cage birds.
7-5-20. Enforcement. The Salida Police Department shall have the authority to act on behalf of the City in investigating complaints, impounding and destroying animals, issuing citations and taking other lawful actions as required to enforce the provisions of this Article. It shall be a violation of this Article to interfere with any police officer in the performance of his or her duties. 7-5-30. Animal shelter. The City Administrator is hereby authorized to establish an animal shelter for the City to be operated by City personnel, or may, subject to the approval of the City Council, contract with a public or private agency, person or organization for the operation of an animal shelter for and on behalf of the City. Such animal shelter shall be constructed and operated in conformance with the regulations of the County Health Department in the county of the location of the shelter. 7-5-40. Inspections. (a) Whenever it is necessary to make an inspection to enforce any of the provisions of this Article or other applicable law or to perform any duty imposed herein or other applicable laws, or whenever the police officer has reasonable cause to believe that there exists in any building or upon any premises any violation of this Code or other applicable law, the police officer is hereby authorized to enter such building or premises at any reasonable time to inspect the same and perform any duty imposed upon him or her by this Code or other applicable law; provided that: (1) If such building or premises are occupied, the police officer shall first present proper
credentials to the occupant and request entry, explaining his or her reasons therefor. (2) If entry is refused, the police officer shall give the owner or occupant, or if the owner or
occupant cannot be located after reasonable effort, shall leave at the building or premises a twenty-four-hour written notice of intention to inspect. Notice given to the owner or occupant or left on the premises shall state that the property owner has the right to refuse entry and that, in the event such entry is refused, inspection may be made upon issuance of a search warrant by a Municipal Judge or by a judge of any other court having jurisdiction.
(3) After expiration of the twenty-four-hour period from the giving of such notice, the police
officer may appear before the Municipal Court and, upon a showing of a probable cause, shall obtain a search warrant entitling him or her to enter the building or upon such premises. Upon presentation of the search warrant and proper credentials, or possession of same in the case of an
unoccupied building or premises, the police officer may enter into the building or upon such premises using such reasonable force as may be necessary to gain entry therein.
(4) For the purposes of this Section, a determination of probable cause will be based upon
reasonableness; and if a valid public interest justifies the intrusion contemplated, then there is probable cause to issue a search warrant. The police officer, when applying for such search warrant, shall not be required to demonstrate specific knowledge of the condition of the particular structure or premises in order to obtain a search warrant. It is unlawful for any owner or occupant of the building or premises to resist reasonable force used by the police officer acting pursuant to this Section.
(b) Notwithstanding the foregoing, if the police officer has reasonable cause to believe that the keeping or maintaining of any animal is so hazardous, unsafe or dangerous as to require immediate inspection to safeguard the animal or the public health or safety, the police officer shall have the right to immediately enter and inspect such property and may use any reasonable means required to effect such entry and make such inspection, whether such property is occupied or unoccupied and whether or not permission to inspect has been obtained. If the property be occupied, the police officer shall first present proper credentials to the owner or occupant and demand entry, explaining his or her reasons therefor and the purpose of the inspection. (c) No person shall fail or refuse, after proper demand has been made upon him or her as provided in Subsection (b) hereof, to permit the police officer to make any inspection provided for therein. 7-5-50. Impoundment and disposition. (a) Any animal in violation of this Article or of any other law or that is ill, injured or otherwise in need of care may be taken into custody by the police officer or any other officer or employee of the City charged with the enforcement of this Article or this Code and impounded in a humane manner. Such officer or employee is hereby authorized to go upon private property to take into custody any animal violating this Article or other applicable law, provided that such officer or employee has witnessed the violation. Whenever it is necessary to make an inspection of private property to enforce any of the provisions hereof or other applicable law, such inspection shall be made pursuant to the requirements and procedures set forth by ordinance. (b) Upon impoundment of an animal, the City shall immediately attempt to notify the owner by telephone or certified mail. If the owner is unknown, the City shall post written notice for five (5) days at two (2) or more conspicuous places in the City describing the animal and the time and place of taking. Any notice to the owner shall also include the location of the shelter or hospital where the animal is confined, hours during which the animal can be reclaimed and fees to be charged to the owner. The owner shall also be advised that the failure to claim the animal within a specified period of time may result in the disposition of the animal. (c) An owner reclaiming an impounded animal shall pay a fee as established by resolution of the City Council, as may be amended from time to time. The failure or refusal to retrieve any impounded animal by the owner, keeper or possessor of such animal shall not relieve such person of the duty to pay the impoundment fee and other charges which have been assessed. The owner, keeper or possessor of any animal who shall fail or refuse to pay such fees and charges shall be guilty of an offense of this Article.
(d) Any animal not reclaimed by its owner within five (5) days of impoundment shall become the property of the City and shall be placed for adoption in a suitable home or euthanized in a manner prescribed by the local licensed humane society. (e) In the event an unhealthy or seriously injured animal is impounded and the identity of the owner, keeper or possessor is not ascertainable, and a veterinarian determines that the condition of said animal is such that a healthy recovery is precluded or that such animal will transmit serious disease to other animals, then the police officer shall cause said animal to be humanely destroyed. (f) Any police officer or other designated person on call who removes a large animal such as a horse, cow, mule or any other animal not acceptable by any animal hospital or shelter shall be authorized to call a trucking firm or company which shall convey the animal to a farm or other appropriate facility that has an agreement with the City to accept such animals. The disposition of any animal removed to a facility, other than an animal hospital or shelter, shall be handled in the same manner as though the animal were confined in an animal hospital or shelter. (g) The police officer shall keep a complete and accurate record of all animals impounded and disposed, including the facts regarding the release of or method of disposal of such animals. 7-5-60. Animal at large.
If the name of the owner or custodian of an animal found at large, meaning off the premises of the owner and not under restraint, with or without the owner's knowledge, is known or can be obtained with reasonable dispatch, the police officer shall return the animal to the residential address of the owner. If there is no one present, the officer shall leave written notice of whom the owner must contact to reclaim the animal. The officer shall then remove the animal to the nearest animal hospital or shelter that will accept the animal. 7-5-70. Penalties.
(a) Any person who violates any provision of this Article shall be deemed guilty of a misdemeanor and shall be punished in accordance with the provisions set forth in Section 1-4-20 of this Code. The City Council may adopt by resolution recommended fine schedules for violations under this Section. (b) In addition to charging violations as misdemeanors as described in subsection (a), the City shall have the concurrent remedy of charging any person who violates any provision of this Article with a noncriminal offense subject to imposition of a penalty assessment pursuant to the procedure set forth at Chapter 1, Article VII of this Code. 7-5-80. Sanctions.
As part of any order issued pursuant to this Article, the Municipal Judge shall have the authority to order the following sanctions and remedies in addition to the penalties described in Section 7-5-70: (1) Obedience training for the animal in question; (2) Muzzling of an animal while off the property of the owner; (3) Confinement of an animal indoors;
(4) Confinement of an animal in a secure enclosure; (5) Reduction of the number of animals kept at any one (1) location; (6) Removal of an animal from the custody of the animal's owner or custodian in cases of
neglect or cruelty; (7) The sterilization of an animal; (8) A ban on maintaining other animals in the City; and (9) Any other measure or sanction designed to eliminate a violation, prevent future violations
or protect the health and safety of the public.
Division II
Animal Control and Enforcement
7-5-200. Keeping of numerous animals.
It shall be unlawful for any person to keep more than six (6) dogs, cats or other animals within the City; except that there is not a limit on the number of chickens, and a litter of pups, kittens or other young animals may be kept for a period of time not exceeding five (5) months from birth. Roosters are prohibited within the City. This Section shall not apply to any establishment where animals are kept for breeding or sale, or to a licensed boarding facility.
7-5-210. Large animals. Horses, cattle, sheep, and goats may be kept within the City as a permitted accessory use for the
non-commercial use of the occupants of a lot or tract and their guests, provided that at least one-half (½) acre of pasture area is available on the same lot or tract for each animal.
7-5-220. Animal nuisances. (a) It is hereby declared a nuisance for any person to maintain any premises upon which is located: (1) Any pen, place or premises in or upon which any animals shall be kept in a foul,
offensive or noxious condition. (2) Any animal or fowl of any kind which shall be or become obnoxious by reason of odor,
uncleanliness, disease or emitting loud and unusual noises sufficient to disturb the peace and quiet of any neighborhood or family.
(b) Any animal that unreasonably annoys humans, endangers the life or health of persons or other animals or substantially interferes with the rights of citizens, other than their owners, to enjoyment of life or property is hereby declared a public nuisance. For purposes of this Article, public nuisance animal shall include the following: (1) Any animal that is repeatedly found running at large.
(2) Any dog or cat in any section of a park or public recreation area except in designated areas, if any exist.
(3) Any animal that damages, soils, defiles or defecates on any property other than that of its
owner; (4) Any animal that makes disturbing noises, including but not limited to continued and
repeated howling, barking, whining or other utterances causing unreasonable annoyance, disturbance or discomfort to neighbors or others in close proximity to the premises where the animal is kept or harbored.
(5) Any unneutered animal that is not confined so as to prevent unwanted mating and/or
pregnancy. (6) Any animal, whether or not on the property of its owner, that, without provocation,
molests, attacks or otherwise interferes with the freedom of movement of persons in a public right-of-way.
(7) Any animal that chases motor vehicles in a public right-of-way. (8) Any animal that attacks domestic animals. (9) Any animal that causes unsanitary conditions in enclosures or surroundings where the
animal is kept or harbored. (10) Any animal that is offensive or dangerous to the public health, safety or welfare by virtue
of the number of animals maintained at a single residence or the inadequacy of the facilities. (11) Any animal, including an animal restrained by a leash, that disturbs the public's
enjoyment of or participation in a public festival. (12) Any animal found inside an area barricaded or otherwise cordoned off for a public
festival. For the purposes of this provision, a public festival is any event sponsored or supported by the City and conducted at least in part on City property.
7-5-230. Sanitation.
(a) No owner or custodian of any animal shall cause or allow such animal to soil, defile or defecate on any public property or upon any street, sidewalk, public way, play area or common grounds owned jointly by the members of a homeowners' or condominium association, or upon private property other than that of the owner, unless such owner or custodian immediately removes and disposes of all feces deposited by such animal by the following methods: (1) Collection of the feces by appropriate implement and placement in a paper or plastic bag
or other container; and (2) Removal of such bag or container to the property of the animal owner or custodian and
disposition thereafter in a manner as otherwise may be permitted by law. (b) No person owning, harboring or keeping an animal within the City shall permit any waste matter from the animal to collect and remain on the property of the owner or custodian, or on the property
of others, so as to cause or create an unhealthy, unsanitary, dangerous or offensive living condition on the owner's or custodian's property, or to abutting property of others. (c) No person owning, harboring, keeping or in charge of any animal shall cause unsanitary, dangerous or offensive conditions by virtue of the size or number of animals maintained at a single location or due to the inadequacy of the facilities. 7-5-240. Cruelty to domestic animals. (a) It shall be unlawful for any person to willfully or maliciously strike, beat, abuse, neglect, or intentionally run down with a vehicle any domestic animal, or otherwise engage in any act to cause or inflict unnecessary pain, injury, suffering or death to such domestic animal; except that reasonable force may be used to drive away vicious or trespassing animals. (b) No person, except a licensed veterinarian or certified technician acting under the supervision of a licensed veterinarian for humanitarian purposes, shall administer poison to any domestic animal, or leave any poisonous substance of any kind or ground glass in any place, in such a manner as to injure any domestic animal, or with reckless disregard for the well-being of domestic animals who might have access to such poisonous substances. The provisions of this Section are not applicable to licensed exterminators using poisons as part of a pest control program or the use of commercial insecticides and rodent baits used to control insects and wild rodents. (c) Leaving a domestic animal tethered for twenty-four (24) continuous hours shall constitute prima facie evidence of cruelty to domestic animals.
(d) No owner or custodian of any animal shall willfully abandon such animal on any street, road, highway or public place, or on private property when not in the care of another person. 7-5-250. Restraint and confinement generally.
(a) It shall be unlawful for the owner of any animal to fail to keep such animal under restraint or to permit such animal to run at large upon the streets and public ways of the City. (b) Any dog, while on a street, sidewalk, public way, in any park, public square or other public space, or upon any private property without the consent of the owner, shall be secured by a leash or chain of sufficient tensile strength to restrain the particular dog. (c) No owner or custodian of any animal shall fail to exercise proper care and control of such animal to prevent the same from becoming a public nuisance. (d) Every female dog or cat in heat shall be confined in a building or other enclosure in such a manner that such female dog or cat cannot come into contact with another animal except for planned breeding. (e) Every owner of a guard or attack dog shall keep such dog confined in a building, compartment or other enclosure. Any such enclosure shall be completely surrounded by a fence at least six (6) feet in height and shall be topped with an anti-climbing device constructed of angle metal braces with at least three (3) strands of equally separated barbed wire stretched between them. Fencing installed for this unique security purpose shall require a building permit. The areas of confinement shall all have gates and entrances thereto securely closed and locked, and all fences properly maintained and escape-
proof. All anti-climbing devices shall extend inward at an angle of not less than forty-five (45) degrees nor more than ninety (90) degrees when measured from the perpendicular. (f) The provisions of subsection (e) shall not apply to dogs owned or controlled by government law enforcement agencies. 7-5-260. Restraint of vicious or dangerous animals.
Every vicious animal shall be confined by its owner or the authorized agent of its owner, within a building or secure enclosure and, whenever off the premises of its owner, shall be securely muzzled and restrained with a chain having a minimum tensile strength of three hundred (300) pounds and not more than three (3) feet in length, or caged. Every person harboring a vicious animal is charged with an affirmative duty to confine the animal in such a way that children do not have access to such animal. It is unlawful to harbor a vicious or dangerous animal and fail to confine said animal in compliance with the terms of this Section.
CHAPTER 8
Vehicles and Traffic
Article I Model Traffic Code
Sec. 8-1-10 Adoption Sec. 8-1-20 Copy on File Sec. 8-1-30 Application Sec. 8-1-40 Interpretation Sec. 8-1-50 Traffic control devices Sec. 8-1-60 Penalty assessments Sec. 8-1-70 Violation; penalty
Article II Traffic Regulations
Sec. 8-2-10 Vehicle weight restrictions Sec. 8-2-20 Squealing tires prohibited Sec. 8-2-30 Bicycles on sidewalks prohibited Sec. 8-2-40 Use of skating devices prohibited Sec. 8-2-50 Unnecessary horn noise prohibited Sec. 8-2-60 Restrictions on minor drivers
Article III Abandoned and Inoperable Vehicles
Sec. 8-3-10 Definitions Sec. 8-3-20 Abandoned or inoperable vehicles on public ways Sec. 8-3-30 Abandoned and inoperable vehicles on private property Sec. 8-3-40 Unregistered vehicles on public property Sec. 8-3-50 Violations
agilpin
Typewritten Text
CHAPTER 8
VEHICLES AND TRAFFIC
ARTICLE I
Model Traffic Code 8-1-10. Adoption.
Pursuant to Parts 1 and 2 of Article 16 of Title 31, C.R.S., there is hereby adopted by reference Articles I and II, inclusive, of the 2010 edition of the Model Traffic Code for Colorado, together with the appendices thereto, promulgated and published as such by the Colorado Department of Transportation, Safety and Traffic Engineering Branch, 4201 East Arkansas Avenue, EP 700, Denver, Colorado 80222. The subject matter of the Model Traffic Code relates primarily to comprehensive traffic and vehicle control regulations for the City. The purpose of this Article and the code adopted herein is to provide a system of uniform traffic regulations consistent with state law, and generally conforming to similar regulations throughout the state and the nation.
8-1-20. Copy on file.
At least one copy of the Model Traffic Code, 2010 Edition, and the appendices thereto, together with the ordinances codified in this Chapter, shall be kept on file at City Hall.
8-1-30. Amendments.
(a) Article I of the Model Traffic Code is adopted subject to the following additions, modifications and amendments, and the amendments to said code set forth in this Section shall take precedence over the literal print copy of the code in the event of conflict:
(1) All references to "Highway" in Part 6 of Article I are hereby deleted and replaced with "street and alley" in the singular or the plural as the context may require. (2) Section 1101(2) is hereby deleted and replaced with the following: "(2)(a) It shall be unlawful for any person to drive or ride any vehicle or animal on a street or alley within the City in excess of the speed limit for such street or alley. The speed limits for all streets within the City, unless otherwise posted, shall be 25 miles per hour. The speed limit for all alleys, unless otherwise posted, shall be 10 miles per hour. If a given street or alley is posted for a speed limit of greater or lesser than the speed set forth above, the posted speed limit shall be the speed limit thereon. (b) The speed limits contained in this subsection and set forth above shall be absolute speed limits. Any person driving or riding any vehicle or animal in excess of the speed limits shall be deemed guilty of a misdemeanor without regard for the reasonableness of his speed, or whether or not he knew his speed or the speed limit in effect. (c) Speed limits posted on streets and alleys within the City at the time of the adoption of this ordinance shall remain the speed limits in effect until the City Council or the Chief of Police take action to alter them as provided for herein. (d) By resolution, the City Council may adopt or amend maximum speed limits for the various streets and alleys within the City which speed limits may be above or below those set forth in subsection (a) above. Upon promulgation of such resolution, the Public Works Department shall
post speed limit signs to designate such speed limits on such streets or alleys. For those streets or alleys for which the City Council has adopted no maximum speed limit, the Chief of Police may adopt or amend the maximum speed limits by posting maximum speed limit signs on such streets. Resolutions by the City Council designating maximum speed limits shall take precedence over postings by the Chief of Police. In prosecutions for violations hereof, all posted speed limits shall be presumed to have been posted by the proper authorities under the proper procedures. (e) Speed limit signs shall be deemed sufficient if they recite upon them the phrase "Speed Limit" and have the maximum speed in Arabic numerals placed thereon. Unless otherwise indicated, all speed limit signs shall be presumed to be in miles per hour. (3) Section 1101(5) is hereby deleted and replaced with the following: (5) In every charge of violating the speed limit, the Complaint, Summons and Complaint, or Penalty Assessment Notice shall specify the speed at which the defendant is alleged to have been moving and also the speed limit applicable at the specified time and location of the alleged violation. (4) The following sections and subsections are hereby deleted: 1101(4); 1101(7); 1101(8); 1102; 1104(2); and 1104(3). (5) Section 1203 is adopted to read as follows: 1203. Two-hour parking limit. The City Council may, by resolution, designate certain portions of the streets and alleys within the City as being areas where parking is limited to two hours. In the event the City Council enacts no such resolution, the Chief of Police may make such designations. However, subsequent resolutions of the City Council making such parking designations shall take precedence over those designations made by the Chief of Police. When the designation of a two-hour parking limit is made, the areas shall be posted and the posting of signs reflecting the two-hour parking limit shall constitute prima facie evidence that the area was designated in a proper manner. It is unlawful for any person to park any vehicle in a two-hour parking area and to leave it in that same place within the two-hour parking area for over two hours. When a vehicle is illegally parked for a period of time in excess of the two-hour parking limit, the penalty assessment shall be $10.00, which amount shall be set forth in the notice issued pursuant to Section 1718. If the penalty assessment is not paid within seven days after the notice is issued, then an additional penalty assessment may be assessed in the amount of $25.00. If the penalty assessment is not paid within 14 days after the original notice is issued, the registered owner of the vehicle shall be issued a summons, or a summons following a complaint, charging the violation of the parking regulation for which the notice was originally issued. The summons, or summons and complaint, shall require a court appearance and the payment of a penalty assessment in the amount of $25.00. In addition, court costs shall be assessed if the defendant is found guilty.
(6) Section 1210 is adopted to read as follows: 1210. Presumption of registered owner of parked vehicle. In any prosecution charging a violation of any provision of this code governing the stopping, standing or parking of a vehicle, proof that the particular vehicle described in the complaint, or summons and complaint, was parked in violation of any such regulation, together with proof that the defendant named in the complaint, or summons and complaint, was, at the time of such parking, the registered owner of such vehicle, shall constitute in evidence a prima facie presumption that the registered owner of
such vehicle was the person who parked or placed such vehicle at the point where, and for the time during which, such violation occurred. (7) Section 1401(2) is hereby deleted and replaced with the following: (2) Any person who violates any provision of this Section shall be punished in the same manner as set forth for the punishment of ordinance violation generally in the Salida Municipal Code. (8) Section 1409 is hereby deleted and replaced with the following: 1409. Compulsory insurance – penalty. (1) No owner of a motor vehicle or low-power scooter required to be registered in this state shall operate the vehicle or permit it to be operated on the public highways of this local government when the owner has failed to have a complying policy or certificate of self-insurance in full force and effect as required by Sections 10-4-619 and 10-4-716, C.R.S. (2) No person shall operate a motor vehicle or low-power scooter on the public highways of this local government without a complying policy or certificate of self-insurance in full force and effect as required by Sections 10-4-619 and 10-4-624, C.R.S., as amended. (3) When an accident occurs, or when requested to do so following any lawful traffic contact or during any traffic investigation by a peace officer, no owner or operator of a motor vehicle or low-power scooter shall fail to present to the requesting officer immediate evidence of a complying policy or certificate of self-insurance in full force and effect as required by Sections 10-4-619 and 10-4-624, C.R.S., as amended. (4) Any person who violates the provisions of subsection (1), (2) or (3) of this section commits a traffic offense punishable pursuant to Section 8-1-70 of the Salida Municipal Code. (5) Testimony of the failure of any owner or operator of a motor vehicle or low-power scooter to present immediate evidence of a complying policy or certificate of self-insurance in full force and effect as required by Sections 10-4-619 and 10-4-624, C.R.S., as amended, when requested to do so by a peace officer, shall constitute prima facie evidence, at a trial concerning a violation charged under subsection (1) or (2) of this section, that such owner or operator of a motor vehicle or low-power scooter violated subsection (1) or (2) of this section. (6) No person charged with violating subsection (1), (2) or (3) of this section shall be convicted if he produces in court a bona fide complying policy or certificate of self-insurance which was in full force and effect, as required by Sections 10-4-619 and 10-4-624, C.R.S., as amended, at the time of the alleged violation. (9) A new Section 1416 is hereby adopted to read as follows: 1416. Mobile communication devices. (1) Definitions. For purposes of this Section 1416, the following terms shall have the following meanings:
(a) "Emergency" means a situation in which a person: (I) Has reason to fear for such person's life or safety or believes that a criminal act may be perpetuated against such person or another person, requiring the use of a wireless telephone while the car is moving; or (II) Reports a fire, a traffic accident in which one or more injuries are apparent, a serious road hazard, a medical hazardous materials emergency, or a person who is driving in a reckless, careless, or otherwise unsafe manner.
(b) "Operating a motor vehicle" means driving a motor vehicle on a public highway, but "operating a motor vehicle" shall not mean maintaining the instruments of control while the motor vehicle is at rest in a shoulder lane or lawfully parked. (c) "Use" means talking on or listening to a wireless telephone or engaging the wireless telephone for text messaging or other similar forms of manual data entry or transmission. (d) "Wireless telephone" means a telephone that operates without a physical, wireline connection to the provider's equipment. The term includes, without limitation, cellular and mobile telephones.
(2) Prohibited use. (a) A person under eighteen (18) years of age shall not use a wireless telephone while operating a motor vehicle. (b) A person eighteen (18) years of age or older shall not use a wireless telephone for the purpose of engaging in text messaging or other similar forms of manual data entry or transmission while operating a motor vehicle.
(3) Exceptions. Subsection (2) hereof shall not apply to a person who is using the wireless telephone:
(a) To contact a public safety entity; or (b) During an emergency.
(4) An operator of a motor vehicle shall not be cited for a violation of subsection (2)(a) hereof unless the operator was under eighteen (18) years of age and a law enforcement officer saw the operator use a wireless telephone. (5) An operator of a motor vehicle shall not be cited for a violation of subsection (2)(b) hereof unless the operator was eighteen (18) years of age or older and a law enforcement officer saw the operator use a wireless telephone for the purpose of engaging in text messaging or other similar forms of manual data entry or transmission. (6) Penalties.
(a) A person who operates a motor vehicle in violation of this Section shall be assessed a penalty assessment in the amount of $50.00. (b) A person who receives a second or subsequent citation for operating a motor vehicle in violation of this Section shall be assessed an additional penalty assessment or penalty assessments in the amount of $100.00. (c) This Section shall not authorize the seizure and forfeiture of a wireless telephone.
(10) A new Section 1601 is hereby adopted to read as follows: 1601. Investigations. It shall be the duty of the Salida Police Department to investigate traffic accidents occurring within Salida either by investigation at the time of or at the scene of the accident or thereafter by interviewing participants or witnesses and to issue summonses and complaints and/or penalty assessment notices for ordinance violations occurring in connection with traffic accidents and to assist in the prosecution of those persons charged with violations of law or ordinance causing or contributing to accidents. However, nothing herein shall be deemed to impose upon the Salida Police Department, or the officers or members thereof, the duty to investigate accidents when circumstances are such that insufficient personnel exists to investigate a particular accident or a particular series of accidents and the Chief of Police, or his designate, shall have the authority to determine which accidents shall be investigated, if any, under those circumstances. (11) A new Section 1720 is hereby adopted to read as follows:
1720. Report of outstanding judgments and warrants. The clerk of the Municipal Court shall, from time to time, report to the Colorado Department of Revenue all outstanding and unpaid Municipal Court penalty assessments and judgments and all outstanding Municipal Court arrest warrants relating to violations of any provision of Chapter 8 of the Salida Municipal Code. (b) Article II of the Model Traffic Code is adopted subject to the following additions,
modifications and amendments, and the amendments to said code set forth in this Section shall take precedence over the literal print copy of the code in the event of conflict:
(1) Section 102(121) is hereby deleted and the following is inserted in its stead: (121) 'Vehicle' means any device which is capable of moving itself, or of being moved, from place to place upon wheels or endless tracks. 'Vehicle' does not include any wheelchair as defined by subsection (122) of this section or any device moved exclusively over stationary rails or tracks." (2) Appendices Parts A through G are hereby deleted.
(c) Point reduction for payment of penalty assessment. If a person receives a penalty
assessment notice pursuant to Part 17 of the Model Traffic Code and the offense for which said penalty assessment is one for which points are assessed against a driver's license pursuant to Section 4-2-127, C.R.S., as amended, and if said person pays the penalty assessment and the surcharge, if any, for the violation on or before the date payment is due, the points assessed for the violation are reduced as follows:
(1) For a violation having an assessment of three (3) or more points, the points are reduced by two (2) points; (2) For a violation having an assessment of two (2) points, the points are reduced by one (1) point.
The Clerk of the Municipal Court, upon reporting traffic convictions and payments of penalty assessments, shall advise the Colorado Department of Revenue of the point reduction to which a person is entitled under the terms of this subsection. Penalty assessment notices issued for traffic violations for which points are assessed shall contain a statement concerning the reduction of points available under this Section. 8-1-40. Application.
This Article shall apply to every street, alley, sidewalk area, driveway, park and every other public way, place or parking area, either within or outside the corporate limits of the City, the use of which the City has jurisdiction and authority to regulate. The provisions of Sections 1401, 1402, 1413 and Part 16 of the adopted Model Traffic Code respectively concerning reckless driving, careless driving, eluding a police officer and accidents and accident reports shall apply not only to public places and ways but also throughout the City. 8-1-50. Interpretation.
This Article shall be so interpreted and construed as to effectuate its general purpose to conform with the State's uniform system for the regulation of vehicles and traffic. Article and section headings of
this Article and the adopted code shall not be deemed to govern, limit, modify or in any manner affect the scope, meaning or intent of the provisions of any article or section thereof. 8-1-60. Penalty assessments.
(a) Penalty assessment notices and contents. Penalty assessment notices as defined by
Section 1709 of the Model Traffic Code may be issued for the violation of any portion of this Article subject to the restrictions and limitations set forth in this Section.
(b) Authorization for penalty assessment notices. (1) Penalty assessment notices may not be issued for any of the following offenses: an offense resulting in an accident causing personal injury or substantial property damage; reckless driving; exceeding the speed limit by more than twenty (20) miles per hour; drag racing or speed contests; or eluding a police officer. (2) Penalty assessment notices may be issued only for those offenses for which the Municipal Court has established a penalty assessment pursuant to the Colorado Municipal Court Rules of Procedure.
(c) Effect of payment and nonpayment. (1) By paying the penalty assessment notice, the person named therein as the violator or defendant admits his or her guilt of the charge against him or her and, upon receipt of such payment, the Court shall enter judgment against the defendant that he or she has been found guilty. (2) If a person to whom a penalty assessment notice is issued fails to pay the penalty assessment specified in said notice before the time in which said person is required to appear before the Municipal Court, said person shall appear before the Municipal Court in person, or by attorney, in order to enter a plea to the charges. If said person fails to appear at the time and place specified in the notice, judgment shall be entered against said person under the terms of Section 1710 of the Model Traffic Code. If said person appears, the Municipal Court will accept said person's plea to the charges contained in the penalty assessment notice and will proceed as though the penalty assessment notice were a summons and complaint. (3) Nothing contained in this Section shall be deemed to prohibit the Municipal Court from collecting penalty assessments and costs by means other than those described in Part 17 of Article I of the Model Traffic Code.
8-1-70. Violation; penalty.
It is unlawful for any person to violate any of the provisions of this Article or the Model Traffic
Code as amended and adopted herein. Any person convicted of violating any such provisions shall be guilty of a misdemeanor and subject to the provisions of Chapter 1, Article IV of this Code. Further, the City shall be entitled to pursue any other civil or criminal remedy available at law to enforce the provisions of this Chapter.
ARTICLE II
Traffic Regulations
8-2-10. Vehicle weight restrictions.
(a) All commercial vehicles having an empty weight of fifteen thousand (15,000) pounds or more shall be confined to a truck route as designated in the traffic schedule, except when performing pickup or delivery or utilizing a rest stop. Such vehicles must utilize the most direct route in traveling between a pickup, a delivery or a rest stop and a designated truck route.
(b) The designated truck route as designated as part of the traffic schedule shall be defined by resolution to be adopted by the City Council.
(c) Any person who operates any vehicle in a manner which violates this Section commits an unlawful act and, upon conviction thereof, shall be punished in the same manner as set forth in Chapter 1, Article IV of this Code.
(d) This Section shall take precedence over the provisions concerning the weight of vehicles
in Part 5 of Article I of the Model Traffic Code as adopted in Article I above, insofar as there is any conflict between this Section and said Model Traffic Code.
8-2-20. Squealing tires prohibited.
(a) No person shall operate a motor vehicle in such a manner that the powered wheels of said
vehicle either: (1) Lose traction with the road surface or other surface on which they sit and spin; or (2) Cause a squealing noise.
(b) Any person convicted of violating Subsection (a) above shall be punished by the
Municipal Court, which shall impose a penalty assessment upon said person in the amount of $50.00 to $300.00, as may be amended from time to time.
(c) It shall be an affirmative defense to a charge of violating Subsection (a) above that the
squealing caused by the tires or the spinning of the tires was unintentional or was necessary for some legitimate purpose such as starting a stalled automobile, towing a heavy load or something of that nature. However, it shall not be a defense that the motor vehicle was defective, was not operating properly, or must be operated in violation of said Subsection (a) in order to operate as it is designed; neither shall it be an affirmative defense that the operator of the vehicle was not familiar with the operation of the vehicle.
8-2-30. Bicycles on sidewalks prohibited.
No person shall operate a bicycle of any nature or kind upon sidewalks located within that part of
the City bounded by the following lines: the centerline of Sackett Avenue between "E" Street and the Monarch Spur Trail; the centerline of "E" Street extending northeasterly from 4th Street to the centerline of Sackett Avenue; the centerline of "F" Street extending northeasterly from Sackett Avenue to the Arkansas River; the centerline of 4th Street between the centerlines of "E" and "H" Streets; the centerline of "H" Street projected northeasterly to the Monarch Spur Trail; and the Monarch Spur Trail between its conjunction with the projected centerline of "H" Street and the Arkansas River. This Section takes precedence over Section 1412 of Article I of the Model Traffic Code as adopted in Article I of this Chapter, insofar as it conflicts therewith. When any person is convicted of violating this Section, the Municipal Court shall impose upon said person a penalty assessment in the amount of $15.00 to $100.00.
8-2-40. Use of skating devices prohibited.
(a) As used in this Section, the term skating device refers to skateboards, roller skates, roller blades, human-powered scooters and all nature and variety of human transportation devices of a similar type.
(b) As used in this Section, the term skating limits refers to the area within the City bounded by the following lines: the Arkansas River; the centerline of "E" Street extended northeasterly to the Arkansas River; the centerline of 4th Street between the center lines of "E" and "H" Streets; the centerline of "H" Street extended northeasterly to the centerline of the "Railroad Reservation" as shown on the plat maps of the City; and the centerline of said Railroad Reservation between its conjunction with the projected centerline of "H" Street and the Arkansas River.
(c) No person shall travel in, upon or by the assistance of any skating device upon any sidewalk or parkway within the skating limits, and any person convicted by the Municipal Court of doing so shall be punished by the Municipal Court imposing upon said person a penalty assessment in the amount of $15.00 to $100.00, as may be amended from time to time.
8-2-50. Unnecessary horn noise prohibited.
The operator of a vehicle shall not use the vehicle's horn within the City except when necessary to
ensure the safe operation of the vehicle by giving audible warnings with the horn. Any person whom the Municipal Court convicts of violating this Section shall be punished by the imposition upon said person a penalty assessment in the amount of $15.00 to $100.00, as may be amended from time to time.
8-2-60. Restrictions on minor drivers.
(a) It shall be unlawful for a person who is sixteen years of age or older but under eighteen years of age to operate a motor vehicle in the City without possession of a motor vehicle license or instruction permit or temporary license issued and used in conformance with C.R. S. §42-2-106, as may be amended. (b) A minor driver shall not operate a motor vehicle containing a passenger who is under twenty-one years of age and who is not a member of the driver’s immediate family until such driver has held a valid driver’s license for at least six months; provided, however, that this subsection shall not apply if: (1) The motor vehicle contains the minor’s parent or legal guardian or any other responsible
adult as described in C.R.S. §42-2-108, as may be amended;
(2) The motor vehicle contains an adult twenty-one years of age or older who currently holds a valid driver’s license and has held such license for at least one year; (3) The passenger who is under twenty-one years of age is in the vehicle on account of a medical emergency; or (4) All passengers who are under twenty-one years of age are members of the driver’s immediately family and all passengers are wearing a seatbelt.
(c) A minor driver shall not operate a vehicle between 12 midnight and 5 a.m. until such driver has held a driver’s license for at least one year; provided, however, that this subsection shall not apply if:
(1) The motor vehicle contains the minor’s parent or legal guardian or any other responsible adult as described in C.R.S. §42-2-108, as may be amended; (2) The motor vehicle contains an adult twenty-one years of age or older who currently holds a valid driver’s license and has held such license for at least one year; (3) The minor is driving to school or a school-authorized activity when the school does not provide adequate transportation, so long as the driver possesses a signed statement from the school official containing the date the activity will occur; (4) The minor is driving on account of employment when necessary, so long as the driver possesses a signed statement from the employer verifying employment; (5) The minor is driving on account of a medical emergency; or (6) The minor is an emancipated minor.
(d) Occupants in motor vehicles driven by persons under eighteen years of age shall be properly restrained or wear seat belts. No more than one passenger shall occupy the front seat of the motor vehicle driven by a person under eighteen years of age, and the number of passengers in the back seat of such vehicle shall not exceed the number of seat belts.
(e) Any person who violates any provision of this Section shall be deemed to have committed a misdemeanor and an unlawful act and, upon conviction thereof, shall be subject to imposition of a penalty assessment in the amount of not less than $50.00. The Municipal Judge shall promulgate a schedule of penalties for all misdemeanor minor traffic violations contained in this Section. Such schedule shall be prominently posted in the office of the Court Clerk.
ARTICLE III
Abandoned and Inoperable Vehicles
8-3-10. Definitions. The following definitions shall apply to this Chapter:
Abandoned vehicle means:
(1) Any vehicle left unattended on private property for a period of twenty-four (24) hours or longer without the consent of the owner or lessee of such property or his or her legally authorized agent.
(2) Any vehicle left unattended on public property, including any portion of a public right-of-way, within the City for a period of seventy-two (72) hours or longer, unless the owner of the vehicle has been granted permission by the City Administrator to park it for an extended period. (3) Any vehicles stored in an impound lot at the request of its owner, the owner's agent or the Police Department and not removed from the impound lot according to the agreement with the
owner or agent or within seventy-two (72) hours of the time the Police Department notified the owner or agent that the vehicle is available for release upon payment of any applicable charges or fees. If the Police Department requested the storage, the provisions governing public tows shall apply as of the time of abandonment. Otherwise, the private tow shall apply as of the time of abandonment.
Occupant means the person who is in control of property, whether he or she is the owner, tenant or manager thereof. The resident of residential property and the owner or manager of business property shall be presumed to be the occupant. In the event property is owned, occupied or rented by a corporation or a governmental entity, the immediate supervisor of the premises shall be deemed the occupant. Owner means the owner of a vehicle. The person to whom the vehicle is registered with the Colorado Department of Revenue shall be presumed to be the owner. If unregistered, the occupant of property on which the vehicle is located shall be presumed to be the owner.
Inoperable vehicle means any automobile, truck, tractor, motorcycle or self-propelled vehicle which is in a condition of being junked, inoperable, wholly or partially dismantled, discarded, abandoned or unable to perform the functions or purpose for which it was originally constructed. The existence of any of the following conditions shall raise the presumption that a vehicle is inoperable:
(1) Absence of an effective registration plate upon such vehicle. (2) Placement of the vehicle or parts thereof upon jacks, blocks, chains or other supports. (3) Absence of one (1) or more parts of the vehicle necessary for the lawful operation of the
vehicle upon the streets and highways.
Vehicle means a device designed to travel along the ground upon wheels, treads, runners, slides or air cushion which is capable of transporting persons or personal property and shall include, but is not limited to, automobiles, aircraft, trucks, trailers, motorcycles, motor scooters, bicycles, tractors, buggies and wagons.
8-3-20. Abandoned or inoperable vehicles on public ways. (a) It is unlawful for any person to leave any abandoned or inoperable vehicle upon any public property within the City. Whenever a member of the Police Department discovers that an abandoned or inoperable vehicle has been on a public way for over one hundred sixty-eight (168) hours, such police officer shall issue a notice to the registered owner of such inoperable vehicle that the owner will be guilty of a misdemeanor unless, within forty-eight (48) hours after service of the notice, the owner either: (1) Removes the inoperable vehicle from the public ways; or (2) Repairs the inoperable vehicle so that it is no longer classified as an inoperable vehicle. Service of the notice may be by personal service or certified mail. (b) The owner of any inoperable vehicle who leaves the same upon a public way for over forty-eight (48) hours after having received the notice referred to in subsection (a) above, when such
vehicle had been on a public way for over one hundred sixty-eight (168) hours prior to the deliverance of the notice, shall be guilty of a misdemeanor. (c) If a member of the Police Department finds that a vehicle has been parked or left upon a public way in the same location for over one hundred sixty-eight (168) hours, said police officer shall have reasonable grounds for believing the vehicle has been abandoned, and the police officer may have the vehicle removed and disposed of in the same manner as if it were left upon a state highway right-of-way contrary to the provisions of Part 18, Article 4 of Title 42, C.R.S., as amended. However, such police officer shall not have any vehicle removed until he or she has made reasonable efforts to contact the owner thereof, if the owner can be ascertained. 8-3-30. Abandoned and inoperable vehicles on private property.
(a) It is unlawful for any person who is the owner of any vehicle, any person who is in charge or control of private property, or any tenant, lessee, occupant, renter or otherwise, to permit or allow any abandoned or inoperable vehicle to remain on such property for a time period in excess of seventy-two (72) hours.
(b) Notice to remove vehicle. Upon discovering an inoperable vehicle upon any property, the Police Department shall issue to the occupant of such property a notice that such occupant shall be guilty of a misdemeanor unless, within ten (10) days after service of the notice, the occupant either: (1) Removes the inoperable vehicle from the property; or (2) Repairs the inoperable vehicle so that it is no longer classified as an inoperable vehicle. Service of the notice may be by personal service or certified mail. (c) Exceptions to provisions. This Section shall not apply to inoperable vehicles on property used by the occupant for a business which necessarily involves maintaining inoperable vehicles upon said property if such business is being lawfully conducted on property zoned for such business activity; nor shall it apply to inoperable vehicles enclosed within any building. It shall not apply to one (1) inoperable vehicle on a residential piece of property which the owner or occupant thereof is repairing, restoring or modifying if such vehicle is kept totally covered by an opaque cloth covering during those times when it is not being worked upon. 8-3-40. Unregistered vehicles on public property.
No person shall operate, leave or deposit upon the public property in the City any vehicle which
is not registered and/or licensed by the State or which does not display vehicle license plates belonging to such vehicle. The owner of such vehicle shall be presumed to be the person who deposited or left the same upon the public way contrary to the preceding sentence, and State motor vehicle records identifying the owner of such vehicle shall create a presumption that the person named in those records the true owner. 8-3-50. Violations.
(a) Any person who violates any provisions of this Article within the City commits an unlawful act and a misdemeanor. Any person convicted of such a violation shall be guilty of a misdemeanor and subject to the provisions of Chapter 1, Article IV of this Code. Further, the City shall be entitled to pursue any other civil or criminal remedy available at law to enforce the provisions of this Chapter.
(b) It shall be an affirmative defense to any criminal charge arising under this Article that the
vehicle was abandoned without knowledge and consent of the person charged.
CHAPTER 10
General Offenses
Article I General Provisions Sec. 10-1-10 Definitions Sec. 10-1-20 Jurisdiction and intent Sec. 10-1-30 Criminal attempt Sec. 10-1-40 Conspiracy Sec. 10-1-50 Complicity Sec. 10-1-60 Principles of criminal culpability Sec. 10-1-70 Accessory to crime Sec. 10-1-80 Disobeying Municipal Court
Article II Government and Public Officers Sec. 10-2-10 Obstructing government operations Sec. 10-2-20 Impersonating a police officer or City employee Sec. 10-2-30 Obstructing a police officer or firefighter Sec. 10-2-40 Resisting arrest Sec. 10-2-50 False reporting to authorities Sec. 10-2-60 Duty to aid
Article III Streets and Public Places Sec. 10-3-10 Unlawful conduct on public property Sec. 10-3-20 Disturbing lawful assemblies or activities Sec. 10-3-30 Obstructing or interfering with use of public ways Sec. 10-3-40 Interfering with use of streets or sidewalks Sec. 10-3-50 Barricading hazards Sec. 10-3-60 Damage or removal of street signs Sec. 10-3-70 Deposits of snow or ice Sec. 10-3-80 Improper dumping of garbage, trash and dangerous materials Sec. 10-3-90 Spitting, littering
Article IV Public, Private and Personal Property Sec. 10-4-10 Criminal mischief Sec. 10-4-20 Destruction of property Sec. 10-4-30 Trespassing Sec. 10-4-40 Littering Sec. 10-4-50 Theft Sec. 10-4-60 Price switching Sec. 10-4-70 Theft of rental property Sec. 10-4-80 Theft by receiving Sec. 10-4-90 Concealment of goods Sec. 10-4-100 Tampering and unauthorized connection
Article V Public Peace, Order and Decency Sec. 10-5-10 Disorderly conduct Sec. 10-5-20 Disrupting lawful assembly Sec. 10-5-30 Harassment Sec. 10-5-40 Loitering Sec. 10-5-50 Assault Sec. 10-5-60 Storage of flammable liquids Sec. 10-5-70 Explosives Sec. 10-5-80 Abandoned containers and appliances Sec. 10-5-90 Throwing stones or missiles Sec. 10-5-100 Fraud by check Sec. 10-5-110 Public indecency
Sec. 10-5-120 Indecent exposure Sec. 10-5-130 Public nudity Sec. 10-5-140 Urinating in public
Article VI Minors Sec. 10-6-10 Curfew Sec. 10-6-20 Parent or guardian aiding, abetting Sec. 10-6-30 Encouraging delinquency Sec. 10-6-40 False statement; false credentials Sec. 10-6-50 Services of others Sec. 10-6-60 Sale, purchase and consumption of tobacco Sec. 10-6-70 Restrictions on tobacco product promotions Sec. 10-6-80 Violations
Article VII Alcoholic Beverages and Drugs Sec. 10-7-10 Illegal possession or consumption of alcoholic beverages by an underage person Sec. 10-7-20 Sales near schools Sec. 10-7-30 Possession and consumption of alcohol beverages in certain places Sec. 10-7-40 Exceptions Sec. 10-7-50 Interpretation Sec. 10-7-60 Possession of drug paraphernalia Sec. 10-7-70 Possession of cannabis Sec. 10-7-80 Abusing toxic vapors
Article VIII Weapons Sec. 10-8-10 Definitions Sec. 10-8-20 Carrying concealed weapon; forfeiture Sec. 10-8-30 Disposition of confiscated concealed weapons Sec. 10-8-40 Prohibited use of weapons Sec. 10-8-50 Selling weapons to intoxicated persons
Article IX Noise Control Sec. 10-9-10 Purpose Sec. 10-9-20 Definitions Sec. 10-9-30 Prohibitions Sec. 10-9-40 Exemptions Sec. 10-9-50 Prohibited noise activities Sec. 10-9-60 Motor vehicle noise prohibited Sec. 10-9-70 Sound level measurements Sec. 10-9-80 Sound permits Sec. 10-9-90 Inspections Sec. 10-9-100 Penalties
Article X Miscellaneous Offenses Sec. 10-10-10 Fireworks Sec. 10-10-20 Posting handbills, posters and placards Sec. 10-10-30 Water on public ways
Article XI Smoking in Public Places Sec. 10-11-10 Legislative declaration Sec. 10-11-20 Definitions Sec. 10-11-30 General Smoking Restrictions Sec. 10-11-40 Optional Prohibitions Sec. 10-11-50 Unlawful Acts – penalty – disposition of fine and surcharges
CHAPTER 10 GENERAL OFFENSES
ARTICLE I
General Provisions 10-1-10. Definitions.
The following words and terms, when used in this Chapter, shall have the meanings ascribed to them in this Section, unless otherwise provided:
Alcohol beverage includes fermented malt beverages as defined by the Colorado Beer Code and alcohol beverages as defined by the Colorado Liquor Code. Bodily injury means physical pain, illness or any impairment of physical or mental condition. Serious bodily injury means bodily injury which involves a substantial risk of death, serious permanent disfigurement or protracted loss or impairment of a function of any part of organ of the body. Controlled substance means any substance the manufacture, possession or use of which violates the laws of the State, including but not limited to marihuana, marihuana concentrate, cocaine, methamphetamine and opium derivatives as those terms are defined in Section 18-18-102, C.R.S. Criminal negligence. A person acts with criminal negligence when, through a gross deviation from the standard of care that a reasonable person would exercise, he or she fails to perceive a substantial and unjustifiable risk that a result will occur or that a circumstance exists. Culpable mental state means intentionally, with intent, knowingly, willfully, recklessly or with criminal negligence, as these terms are defined in this Section. Drug paraphernalia means any machine, instrument, tool, equipment or device which is primarily designed and intended for one (1) or more of the following: (1) To introduce into the human body any controlled substance under circumstances in violation of state law; (2) To enhance the effect on the human body of any controlled substance under circumstances in violation of state law; (3) To conceal any quantity of any controlled substance under circumstances in violation of state law; or (4) To test the strength, effectiveness or purity of any controlled substance under circumstances in violation of state law.
Government includes any branch, subdivision, institution or agency of the government of the City. Governmental function includes any activity which a public servant is legally authorized to undertake on behalf of a government.
Intentionally or with intent. All offenses defined in this Code in which the mental culpability requirement is expressed as intentionally or with intent are declared to be specific intent offenses. A person acts intentionally or with intent when the person's conscious objective is to cause the specific result proscribed by the ordinance defining the offense. It is immaterial to the issue of specific intent whether or not the result actually occurred. Knowingly or willfully. All offenses defined in this Chapter in which the mental culpability requirement is expressed as knowingly or willfully are declared to be general intent crimes. A person acts knowingly or willfully with respect to conduct or to a circumstance described by an ordinance defining an offense when the person is aware that such person's conduct is of such nature or that such circumstance exists. A person acts knowingly or willfully, with respect to a result of such person's conduct when the person is aware that the person's conduct is practically certain to cause the result. Loiter means to be dilatory, to stand idly around, to linger, delay, wander about, to remain, abide or tarry in public places. Police officer means a member of the Police Department, the County Sheriff or one (1) of his or her sworn deputies. A police officer is identified if he or she is wearing the uniform or displays the badge or identification card prescribed by the Police Department or the County Sheriff, or if he or she orally identifies himself or herself as a police officer to any person to whom it may concern. Private property means any dwelling and its curtilage which is being used by a natural person for habitation and which is not open to the public, and privately owned real property which is not open to the public. Private property shall not include: (1) Any establishment which has or is required to have a license pursuant to Article 46, 47 or 48 of Title 12, C.R.S.; (2) Any establishment which sells alcohol beverages or upon which alcohol beverages are sold; or (3) Any establishment which leases, rents or provides accommodations to members of the public generally. Public place means any place commonly or usually open to the general public or to which members of the general public may resort, or accessible to members of the general public. By way of illustration, such public places include but are not limited to public ways, streets, buildings, sidewalks, alleys, parking lots, shopping centers, shopping center malls, places of business usually open to the general public, and automobiles or other vehicles in or upon any such place or places, but shall not include the interior or enclosed yard area of private homes, residences, condominiums or apartments. Public servant means any officer or employee of the government, whether elected or appointed, and any person participating as an advisor or consultant, engaged in the service of process or otherwise performing a governmental function, but the term does not include witnesses. Recklessly. A person acts recklessly when he or she consciously disregards a substantial and unjustifiable risk that a result will occur or that a circumstance exists.
10-1-20. Jurisdiction and intent.
(a) This Chapter shall be effective within the City limits. The City's jurisdiction shall attach to all offenses named herein, committed within the City limits.
(b) It is the intent and purpose of this Chapter not to define as unlawful any conduct which is
designated as felonious under state law, and this Chapter shall be so construed, notwithstanding any language contained herein which might otherwise be construed to the contrary. 10-1-30. Criminal attempt.
(a) A person commits criminal attempt if, acting with the kind of culpability otherwise required for commission of a violation of this Code, he or she engages in conduct constituting a substantial step toward committing the violation. A substantial step is any conduct, whether act, omission or possession, which is strongly corroborative of the firmness of the actor's purpose to complete the commission of the violation. Factual or legal impossibility of committing the violation is not a defense if the violation could have been committed had the attendant circumstances been as the actor believed them to be, nor is it a defense that the crime attempted was actually perpetrated by the accused.
(b) A person who engages in conduct intending to aid another to commit an offense commits criminal attempt if the conduct would establish his or her complicity under Section 18-1-603, C.R.S., as amended, were the offense committed by the other person, even if the other is not guilty of committing or attempting the offense.
(c) It is an affirmative defense to a charge under this Section that the defendant abandoned his or her efforts to commit the violation or otherwise prevented its commission, under circumstances manifesting the complete and voluntarily renunciation of his or her criminal intent.
(d) Criminal attempt to commit a violation of the Code is a misdemeanor. The penalty shall be the same as the penalty for committing the violation attempted. Attempting to violate this Code need not be separately charged, but such a charge shall be deemed included in an allegation that the defendant in fact violated this Code.
10-1-40. Conspiracy.
(a) A person commits conspiracy to commit a violation of this Code if, with intent to promote or facilitate its commission, he or she agrees with another person that they, or one (1) or more of them, will engage in conduct which constitutes a violation or an attempt to commit a violation of this Code, or he or she agrees to aid another person in the planning or commission of a violation of this Code or of an attempt to violate this Code.
(b) No person may be convicted of conspiracy to violate this Code unless an overt act in
pursuance of that conspiracy is proved to have been done by him or her or by a person with whom he or she conspired.
(c) If a person knows that one with whom he or she conspires to commit a crime has
conspired with another person to commit the same crime, he or she is guilty of conspiring to commit a crime with the other person, whether or not he or she knows the other person's identity.
(d) If a person conspires to commit a number of crimes, he or she is guilty of only one (1) conspiracy so long as such multiple crimes are part of a single criminal episode.
10-1-50. Complicity.
A person is legally accountable as principal for the behavior of another constituting a misdemeanor as defined by this Chapter if, with intent to promote or facilitate the commission of the misdemeanor, he or she aids, abets or advises the other person in planning or committing the misdemeanor. 10-1-60. Principles of criminal culpability.
Unless specifically required by the specific section creating the violation, the mental state required for a person to violate a provision of this Code is knowingly. 10-1-70. Accessory to crime.
(a) A person is an accessory to crime if, with intent to hinder, delay or prevent the discovery, detection, apprehension, prosecution, conviction or punishment of another for the commission of a crime, he or she renders assistance to such person.
(b) Render assistance means to: (1) Harbor or conceal the other; (2) Warn such person of impending discovery or apprehension; except that this does not apply to a warning given in an effort to bring such person into compliance with the law; (3) Provide such person with money, transportation, weapon, disguise or other thing to be
used in avoiding discovery or apprehension; (4) By force, intimidation or deception, obstruct anyone in the performance of any act which
might aid in the discovery, detection, apprehension, prosecution or punishment of such person; or (5) Conceal, destroy or alter any physical evidence that might aid in the discovery, detection,
apprehension, prosecution, conviction or punishment of such person.
10-1-80. Disobeying Municipal Court.
(a) It is unlawful for a person who has been served with a summons or a summons and complaint in the manner provided for by law and to fail to appear in person or by counsel before the Municipal Court at the time and place designated in such summons or summons and complaint. This offense may be included as a separate offense in the existing proceedings against such person upon the motion of the City or upon the Court's own motion.
(b) All persons who are subject to the jurisdiction of the Municipal Court by virtue of having been charged in the Municipal Court, having been found guilty and placed on probation by the Municipal Court, or having entered into a deferred sentence agreement before the Municipal Court, have the obligation and duty to keep the Municipal Court informed of their current whereabouts and their current mailing addresses. It is unlawful for any such person who is subject to the jurisdiction of the Municipal Court to fail to appear before the Municipal Court at a time and place directed by the Municipal Court. Proof that a person subject to the jurisdiction of the Municipal Court was mailed a notice to appear before
the Municipal Court at a specified time and date and that such notice was mailed to said person at his or her last known address according to the records of the Municipal Court and that such notice was mailed at least four (4) days before the appearance date specified in the notice shall be prima facie evidence that said person was properly directed to appear before the Municipal Court.
ARTICLE II
Government and Public Officers
10-2-10. Obstructing government operations.
(a) It is unlawful to obstruct government operations.
(b) A person commits obstructing government operations if he or she intentionally obstructs, impairs or hinders the performance of a governmental function by a public servant, by using or threatening to use violence, force or physical interference or obstacle.
(c) It is an affirmative defense that:
(1) The obstruction, impairment or hindrance was of unlawful action by a public servant; (2) The obstruction, impairment or hindrance was of the making of an arrest; or (3) The obstruction, impairment or hindrance was by lawful activities in connection with a labor dispute with the government.
10-2-20. Impersonating a police officer or City employee.
(a) It is unlawful for any person, other than a police officer, to wear the insignia of office of a police officer or any other insignia of office like, similar to or a colorable imitation of that adopted and worn by the police officer.
(b) It is unlawful for any person, other than a police officer to in any manner represent himself or herself to another as a police officer.
(c) It is unlawful for any person to counterfeit, imitate or cause to be counterfeited, imitated or colorably imitated, the badge or insignia of office used by the Police Department.
(d) It is unlawful for any person, other than a City officer or employee, to willfully or fraudulently represent himself or herself to be a City officer or employee to any other person.
10-2-30. Obstructing a police officer or firefighter.
(a) No person shall willfully fail or refuse to comply with any lawful order, signal or direction of a police officer made or given in the discharge of the police officer's duties.
(b) No person shall, in any way, interfere with or hinder any police officer who is discharging or apparently discharging the duties of the position.
(c) It is unlawful to obstruct a police officer or firefighter.
(d) A person commits obstructing a police officer or firefighter when, by using or threatening to use violence, force or physical interference or obstacle, such person knowingly obstructs, impairs or hinders the enforcement of the law or the preservation of the peace by a police officer, acting under color of his or her official authority, or knowingly obstructs, impairs or hinders the prevention, control or abatement of fire by a firefighter, acting under color of his or her official authority.
(e) No person shall drive a vehicle to or close by the scene of a fire, explosion, traffic
accident, riot, impending riot, other disaster or investigation in such a manner as to obstruct or impede the arrival, departure or operation of any fire truck, police vehicle, ambulance or any other emergency vehicle; nor shall a person fail to move a vehicle from the scene when ordered to do so by a police officer, fireman or emergency personnel in the performance of his or her duties in coping with such fire, explosion, traffic accident, riot, impending riot, other disaster or investigation.
(f) It is no defense to a prosecution under this Section that the police officer or firefighter
was acting in an illegal manner, if the police officer or firefighter was acting under color of his or her official authority as defined in Section 10-2-40(d) below.
(g) This Section does not apply to obstruction, impairment or hindrance of the making of an
arrest. 10-2-40. Resisting arrest.
(a) It is unlawful to resist arrest. (b) A person commits resisting arrest if he or she knowingly prevents or attempts to prevent
a police officer, acting under color of his or her official authority, from effecting an arrest of the actor or another by:
(1) Using or threatening to use physical force or violence against the police officer or another; or (2) Using any other means which creates a substantial risk of causing physical injury to the police officer or another.
(c) It is no defense to a prosecution under this Section that the police officer was attempting
to make an arrest which in fact was unlawful, if the police officer was acting under color of his or her official authority and, in attempting to make the arrest, the police officer was not resorting to unreasonable or excessive force giving rise to the right of self-defense. A police officer acts under color of his or her official authority when, in the regular course of assigned duties, the police officer is called upon to make, and does make, a judgment in good faith based upon surrounding facts and circumstances that an arrest should be made by the police officer.
(d) The term police officer as used in this Section means a police officer in uniform or, if out of uniform, one who has identified himself or herself by exhibiting his or her credentials as such police officer to the person whose arrest is attempted.
10-2-50. False reporting to authorities.
It is unlawful for a person to falsely report to authorities. A person commits false reporting to authorities if he or she:
(1) Knowingly causes a false alarm of fire or other emergency to be transmitted to or within an official or volunteer fire department, ambulance service or any other government agency which deals with emergencies involving danger to life or property; (2) Makes a report or knowingly causes the transmission of a report to law enforcement authorities of a crime or other incident within their official concern when he or she knows that it did not occur; (3) Makes a report or knowingly causes the transmission of a report to law enforcement authorities pretending to furnish information relating to an offense or other incident within their official concern when he or she knows that he or she has no such information or knows that the information is false; (4) Knowingly gives false information to any law enforcement officer with the purpose of implicating another; or (5) Gives a false name or address to a law enforcement officer with the intent of concealing or hiding one's own real name, address and/or age.
10-2-60. Duty to aid.
(a) Refusal. It is unlawful for any person eighteen (18) years of age or older, upon command by an individual known to him or her to be a police officer, to unreasonably refuse to aid the police officer in effecting an arrest, securing the custody of an arrestee or preventing the commission by another of any offense.
(b) Duty to aid fire officials. It shall be the duty of every person who is present at the scene
to obey all lawful orders of the incident commander or firefighter; however, no person is bound to obey such firefighter unless the firefighter's official character is known or made known to such person.
ARTICLE III
Streets and Public Places 10-3-10. Unlawful conduct on public property.
(a) It is unlawful for any person to enter or remain in any public building or on any public property or to conduct himself or herself in or on them in violation of any order, rule or regulation concerning any matter prescribed in this Section, limiting or prohibiting the use, activities or conduct in such public building or on such public property, issued by any officer or agency having the power of control, management or supervision of the building or property. In addition to any authority granted by any other law, each such officer or agency may adopt such orders, rules or regulations as are reasonably necessary for the administration, protection and maintenance of such public buildings and property, specifically, orders, rules and regulations upon the following matters:
(1) Preservation of property, vegetation, wildlife, signs, markers, statues, buildings, grounds and other structures, and any object of scientific, historical or scenic interest; (2) Restriction or limitation of the use of such public buildings or property as to time, manner or permitted activities;
(3) Prohibition of activities or conduct within public buildings or on public property which may be reasonably expected to substantially interfere with the use and enjoyment of such places by others or which may constitute a general nuisance; (4) Camping and picnicking, public meetings and assemblages and other individual or group usages, including the place, time and manner in which such activities may be permitted; (5) Use of all vehicles as to place, time and manner of use; and (6) Control and limitation of fires and designation of places where fires are permitted.
(b) No conviction may be obtained under this Section unless notice of such limitation or
prohibition is prominently posted at all public entrances to such building or property or unless such notice is actually first given the person by the office or agency, including any agent thereof or by any law enforcement officer having jurisdiction or authority to enforce this Section.
(c) Any person who violates this Section is guilty of unlawful conduct on public property. 10-3-20. Disturbing lawful assemblies or activities.
(a) It is unlawful for any person, by conduct in, on or near the premises, property or facilities of the City or any public place, institution, office or buildings, any school, congregation or assembly meeting for religious worship or any other lawful meeting or assembly intentionally, knowingly or recklessly:
(1) Without reasonable necessity, to obstruct a street, highway, sidewalk, railway, waterway, building entrance, elevator, aisle, stairway or hallway to which the public or a substantial segment of the public has access; or any other place used for the passage of persons, vehicles or conveyances, whether the obstruction arises from such person's acts alone or from such person's acts and the acts of others; (2) To disobey a reasonable request or order to move issued by a person he or she knows or should reasonably know to be a police officer, firefighter or person with authority to control the use of the premises, to prevent obstruction of a highway, passageway or the premises or facilities, or to maintain public safety by dispersing those gathered in dangerous proximity to a fire, riot, or other hazard; (3) To disrupt, obstruct or interfere substantially with any lawful meeting, procession or gathering in or on such premises by intentional physical action, verbal utterance or any other means; (4) To deny any public servant, official, employee, invitee or student:
i. Lawful freedom of movement on the premises; ii. Lawful use of the property, premises or facilities; iii. The right of lawful ingress and egress to such property;
(5) To impede any public servant, official, employee, invitee or student in the lawful performance of such person's duties or activities through the use of restraint, coercion or intimidation or when force and violence are present or threatened; or (6) To refuse or fail to leave such premises, property or facilities upon being reasonably requested to do so by a police officer, chief administrative officer, or such person's designee, dean or principal of an educational institution, or other individual or public servant with authority to control the use of the premises if such person is committing, threatens to commit or incites others to commit any act which would obstruct, disrupt, restrict or impede the lawful missions, processes, procedures or functions in or on such premises, property or facilities. (b) Nothing in this Section shall be construed to prevent lawful assembly and peaceful and
orderly petition for the redress of grievances. (c) The term premises, property, or facilities of the City, as used in this Section, includes any
premises being temporarily used by a public officer or employee in the discharge of his or her official duties.
10-3-30. Obstructing or interfering with use of public ways.
(a) It is unlawful for any person, alone or with others, to obstruct, interfere with or prevent the free, unobstructed and reasonable use of any public highway, street, alley or sidewalk in the City by a vehicle, animal or pedestrian along any public street, highway, alley or sidewalk within the City or to fail or refuse to move on, disperse or cease such obstruction or interference immediately upon being so ordered by any police officer of the City or other authorized peace officer.
(b) It is unlawful for any person, alone or with others, to obstruct the vehicular, animal or pedestrian movement within, into or from any premises open to the public after said person has been requested or directed to move by the owner of the premises, a person lawfully in charge thereof or by an identified police officer.
(c) It is unlawful for any person to occupy, sleep in, camp in or otherwise live in, temporarily or permanently, a vehicle parked or located on any public street, highway, alley, public parking lot or area, or sidewalk within the City. The term vehicle, for the purposes of this Subsection, shall include an automobile, truck recreational vehicle, trailer or any attachment to or extension thereof.
(d) Any person standing or walking in a street in such a place or manner as to require vehicular traffic to leave its regular lane to travel as designated by the Model Traffic Code, or to force vehicular traffic to approach so close to said person as to be a danger to such person's welfare, shall be deemed to be obstructing a public way.
(e) The following shall be affirmative defenses to prosecutions under this Section: That a person was crossing the street at a corner or regularly marked crosswalk and was crossing in accordance with applicable traffic regulations; that a person was leaving a parked or disabled vehicle in a prompt manner and spending as little time on the street as necessary; that a person was unloading a parked or disabled vehicle in a prompt manner and spending as little time on the street as necessary; or that a person was following Part 8 of the Model Traffic Code for Colorado Municipalities, as adopted in Chapter 8, Article I of this Code. 10-3-40. Interfering with use of streets or sidewalks.
It is unlawful for any person to obstruct, interfere with or prevent the free, unobstructed and reasonable use of a public highway, street, alley or sidewalk by any other person, to fail or refuse to yield to the reasonable use or passage of any other person on that public highway, street, alley or sidewalk or to fail or refuse to move on, disperse or cease such obstruction or interference immediately upon being so ordered by any peace officer.
10-3-50. Barricading hazards.
It is unlawful for any person to perform work upon a public or private walkway or roadway or leave a cellar or basement door adjoining any public or private walkway open and fail to barricade the same in such a manner as to warn unwary persons of the existence of the work or open door. 10-3-60. Damage or removal of street signs.
It is unlawful for any person without proper authorization to remove, deface, damage or destroy any street sign or sign erected or placed in or adjacent to any street indicating the name of such street.
10-3-70. Deposits of snow or ice.
It is unlawful for any person to deposit any snow or ice, or cause any snow or ice to be deposited, on or against any fire hydrant or traffic signal, controlled device or appurtenance.
10-3-80. Improper dumping of garbage, trash and dangerous materials.
(a) It is unlawful for any person to place, deposit or dump, or cause to be placed, deposited or dumped, any offal composed of animal or vegetable substance, dead animal, excrement, garbage, sewage, trash, debris, rocks, dirt, scrap construction materials, nails, mud, snow, ice, waste fuel or other petroleum-based products, paint, chemicals or other waste, whether liquid or solid, or dangerous materials that may cause a traffic hazard in or upon any public or private highway or road, including the right-of-way thereof; or to place, deposit or dump such materials in or upon any public grounds or upon any private property without the consent of the owner, save and except property designated or set aside for such purposes. The consent of the owner of such property shall be an affirmative defense to any prosecution under this Section.
(b) It is unlawful for any person to deposit anything in a trash barrel or dumpster or other waste receptacle owned by another person or assigned by the owner for the use of another person, regardless of where the barrel, dumpster or waste receptacle is located and regardless of whether such barrel, dumpster or waste receptacle is located on a public street, alley or right-of-way. For the purpose of this Section, trash receptacles placed on City sidewalks shall be deemed assigned for the use of all persons using those sidewalks. For the purposes of this Paragraph, a trash barrel, dumpster or receptacle assigned by the owner thereof to a landlord for use on rental property shall be deemed assigned to the tenants of that rental property; and trash barrels, dumpsters and receptacles owned by a landlord and placed upon his or her rental property shall be deemed assigned to his or her tenants. Trash barrels, dumpsters and receptacles owned by or assigned to the City, except those located in public parks and on public sidewalks, shall be deemed assigned to and owned by the City and for the use of the City only and not for public use.
(c) As used in this Section, the term public trash receptacle refers to trash barrels, dumpsters and receptacles of every nature and kind which are located in public parks or upon City sidewalks. It is unlawful for any person to deposit in any public trash receptacle any trash or waste except such trash or waste as is incidental to such person's use of the public sidewalk or park. It is unlawful for any person to
deposit in any public trash receptacle any household trash or waste, any industrial trash or waste or the trash or waste which is the product of any commercial enterprise.
(d) As used in this Section, the term trash means waste materials composed of offal,, whether animal or vegetable in source, dead animals or portions thereof, excrement, garbage, sewage, debris, rocks, dirt, scrap construction materials, fuel or other petroleum-based products, paint, chemicals or any other item or substance of which a person wishes to dispose. The term trash includes all materials which may be recyclable. The term trash receptacle refers to trash barrels, dumpsters and receptacles of every nature and kind which are located within the City. 10-3-90. Spitting, littering.
(a) It is unlawful for any person to spit or in any manner litter within a public building, or for any person to litter upon any public property.
(b) It is unlawful for any person to spit upon the sidewalks within the City.
(c) As used in this Section, the term spit means to expel any substance of any nature or kind from the mouth of a human person, whether the substance is natural to the human body or taken into the mouth by the person.
ARTICLE IV
Public, Private and Personal Property 10-4-10. Criminal mischief.
It is unlawful for any person to knowingly damage the real or personal property of one (1) or more other persons in the course of a single criminal episode where the aggregate damage to the real or personal property is less than five hundred dollars ($500.00). 10-4-20. Destruction of property.
It is unlawful for any person to either maliciously, wantonly, intentionally or through criminal negligence, injure, damage or destroy the real or personal property of another or of the City; provided, however, that this Section shall not apply to any person showing a legal right or authority to injure, damage or destroy such property. This Section shall apply only where the aggregate damage to such real or personal property is less than one thousand dollars ($1,000.00), or where the damage is effected by means of fire or explosives with the intent to defraud. 10-4-30. Trespassing.
It is unlawful for any person without permission or legal privilege to enter, occupy, use or remain upon or in any privately owned property, real or personal, of another, or fail or refuse to remove himself or herself from such property when requested to leave by the owner, occupant or person having lawful control thereof.
10-4-40. Littering.
(a) It is unlawful to throw or deposit in any street, alley, sidewalk or public grounds in the City any paper, old clothes, cloth of any kind, boots, shoes, hats, leather, hair, grass, junk, inoperable or
unlicensed vehicles, trash or any other thing, except in public receptacles and authorized private receptacles.
(b) It is unlawful for any person, while a driver or passenger in a vehicle, to throw or deposit litter upon any street or other public place within the City or upon private property 10-4-50. Theft.
(a) It is unlawful to commit theft. A person commits theft when he or she knowingly obtains or exercises control over anything of another person without authorization or by threat or deception when the value of the thing is less than one thousand dollars ($1,000.00) of another, and:
(1) Intends to deprive the person permanently of the use or benefit of the thing of value;
(2) Knowingly uses, conceals or abandons the thing of value in such a manner as to deprive the other person permanently of its use or benefit; (3) Uses, conceals or abandons the thing of value intending that such use, concealment or
abandonment will deprive the other person permanently of its use or benefit; or (4) Demands any consideration to which he or she is not legally entitled as a condition of
restoring the thing of value to the other person.
(b) If any person willfully conceals unpurchased goods, wares or merchandise owned or held by and offered or displayed for sale by any store or other mercantile establishment, whether the concealment is on his or her own person or otherwise and whether on or off the premises of said store or mercantile establishment, such concealment constitutes prima facie evidence that the person intended to commit the crime of theft.
10-4-60. Price switching.
It is unlawful for any person to willfully alter, remove or switch the indicated price of any unpurchased goods, wares or merchandise owned or held by, and offered or displayed for sale by, any store or other mercantile establishment with the intent to defraud such store or mercantile establishment; provided, however, that this Section shall not apply to goods, wares or merchandise of a value of one thousand dollars ($1,000.00) or more.
10-4-70. Theft of rental property.
It is unlawful for a person to commit theft of rental property. A person commits theft of rental property if he or she:
(1) Obtains the temporary use of personal property of another, which is available only for hire, by means of threat or deception or knowing that such use is without the consent of the person providing the personal property; (2) Having lawfully obtained possession for temporary use of the personal property of another which is available only for hire, knowingly fails to reveal the whereabouts of or to return the property to the owner thereof or his or her representative or to the person from whom he or she has received it within seventy-two (72) hours after the time at which he or she agreed to return it; and
(3) The value of the property involved is less than one thousand dollars ($1,000.00).
10-4-80. Theft by receiving.
It is unlawful to commit theft by receiving. A person commits theft by receiving when he or she receives, retains, loans money by pawn or pledge on or disposes of anything of value of another, knowing or believing that the thing of value has been stolen, and when he or she intends to deprive the lawful owner permanently of the use or benefit of the thing of value, where the value of such thing is less than one thousand dollars ($1,000.00).
10-4-90. Concealment of goods.
If any person willfully conceals unpurchased goods, wares or merchandise valued at less than one thousand dollars ($1,000.00) owned or held by and offered or displayed for sale by any store or other mercantile establishment, whether the concealment is on his or her own person or otherwise and whether on or off the premises of the store or mercantile establishment, such concealment constitutes prima facie evidence that the person intended to commit the crime of theft.
10-4-100. Tampering and unauthorized connection.
(a) Any person who connects any pipe, tube, stopcock, wire, cord, socket, motor or other instrument or contrivance with any main, service pipe or other medium conducting or supplying gas, water or electricity to any building without the knowledge and consent of the person supplying such gas, water or electricity commits tampering and unauthorized connection, which is unlawful.
(b) Any person who in any manner alters, obstructs or interferes with any meter pit, meter or metering device provided for measuring or registering the quantity of gas, water or electricity passing through said meter without the knowledge and consent of the person owning said meter commits tampering and unauthorized connection, which is unlawful.
(c) A person who tampers with property of another with intent to cause injury, inconvenience or annoyance to that person or to another, or if he or she knowingly makes unauthorized connection with property of a utility, commits tampering and unauthorized connection, which is unlawful.
(d) Nothing in this Section shall be construed to apply to any licensed electrical or plumbing contractor while performing usual and ordinary services in accordance with recognized customs and standards.
ARTICLE V
Public Peace, Order and Decency 10-5-10. Disorderly conduct.
A person commits disorderly conduct if he or she intentionally, knowingly or recklessly:
(1) Makes a coarse and obviously offensive utterance, gesture or display in a public place and the utterance, gesture or display tends to incite an immediate breach of the peace; (2) Makes unreasonable noise in a public place or near a private residence that he or she has no right to occupy;
(3) Fights with another person in a public place, except in an amateur or professional contest of athletic skill; (4) Not being a police officer, discharges a deadly weapon in a public place; or (5) Not being a police officer, displays a deadly weapon, displays any article used or fashioned in a manner to cause a person to reasonably believe that the article is a deadly weapon, or represents verbally or otherwise that he or she is armed with a deadly weapon in a public place in a manner calculated to alarm.
10-5-20. Disrupting lawful assembly.
A person commits disrupting lawful assembly if, with intent to prevent or disrupt any lawful meeting, procession or gathering, he or she significantly obstructs or interferes with the meeting, procession or gathering by physical action, verbal utterance or any other means 10-5-30. Harassment.
(a) A person commits harassment if, with intent to harass, annoy or alarm another person, he or she:
(1) Strikes, shoves, kicks or otherwise touches a person or subjects such person to physical contact; (2) In a public place directs obscene language or makes an obscene gesture to or at another person; (3) Follows another person in or about a public place; (4) Initiates communications with a person, anonymously or otherwise by telephone, computer, computer network or computer system in a manner intended to harass or threaten bodily injury or property damage, or makes any comment, request, suggestion or proposal by telephone, computer, computer network or computer system which is obscene; (5) Makes a telephone call or causes a telephone to ring repeatedly, whether or not a conversation ensues, with no purpose of legitimate conversation; (6) Makes repeated communications at inconvenient hours that invade the privacy of another and interfere in use and enjoyment of another's home or private residence or other private property; or (7) Repeatedly insults, taunts, challenges or makes communications in offensively coarse language to another in a manner likely to provoke a violent or disorderly response.
(b) As used in this Section, unless the context otherwise requires, obscene means a patently
offensive description of ultimate sexual acts or solicitation to commit ultimate sexual acts, whether or not said ultimate sexual acts are normal or perverted, actual or simulated, including masturbation, cunnilingus, fellatio, anilingus or excretory functions.
(c) Any act prohibited by subparagraph (a)(4) above may be deemed to have occurred or to have been committed at the place at which the telephone call, electronic mail or other electronic communication was either made or received.
10-5-40. Loitering.
(a) It is unlawful for any person to: (1) Loiter with the intent to violate any provision of this Chapter or any criminal provisions of state or federal law. (2) Loiter for the purpose of begging. (3) Loiter for the purpose of unlawful gambling with cards, dice or other gambling paraphernalia. (4) Loiter for the purpose of engaging or soliciting another person to engage in prostitution or deviate sexual intercourse. (5) Loiter with intent to interfere with or disrupt the school program or with intent to interfere with or endanger schoolchildren in a school building, on school grounds or within one hundred (100) feet of school grounds when persons under the age of eighteen (18) are present in the building or on the grounds, for one not having any reason or relationship involving custody for, or responsibility for, a pupil or any other specific, legitimate reason for being there, and having been asked to leave by a school administrator, the administrator's representative or a peace officer. (6) Loiter with one (1) or more persons for the purpose of unlawfully using or possessing a controlled substance. (b) It is an affirmative defense that the defendant's acts were lawful and he or she was
exercising his or her rights of lawful assembly as part of a peaceful and orderly petition for the redress of grievances, either in the course of labor disputes or otherwise.
10-5-50. Assault.
It is unlawful to knowingly or recklessly cause bodily injury to another person, or with criminal negligence cause bodily injury to another person.
10-5-60. Storage of flammable liquids.
It is unlawful to store or cause to be stored or parked, except for delivery, any tank or tank vehicle carrying flammable liquids or gases upon any streets, ways or avenues of the City or in any other part of the City, unless a conditional use permit is obtained in accordance with Section 16-5-40, Table 16-D, of this Code.
10-5-70. Explosives.
It is unlawful for any person to store within the City limits or within one (1) mile thereof any amount of gunpowder, blasting powder, nitroglycerine, dynamite or other high explosive in excess of one
(1) fifty-pound box or in excess of five hundred (500) caps or other devices used for the detonation of such high explosives. 10-5-80. Abandoned containers and appliances.
It is unlawful for any person to leave or permit to remain outside of any dwelling, building or other structure or within any unoccupied or abandoned building, structure or dwelling under his or her control, in a place accessible to children, any abandoned, unattended or discarded ice box, refrigerator, washer, dryer, freezer or other container or appliance which has a door, lid, snap lock or other locking device which may not be released from the inside, without first removing said door, lid, snap lock or other locking device.
10-5-90. Throwing stones or missiles.
No person shall throw or shoot any stone or other missile at or upon any person, animal, public or private property, building, structure, tree or shrub. 10-5-100. Fraud by check.
(a) The following definitions apply to this Section: Check means a written, unconditional order to pay a certain sum in money, drawn on a bank, payable on demand, and signed by the drawer. Check also includes a negotiable order of withdrawal and a share draft.
Insufficient funds means a drawer has insufficient funds with the drawee to pay a check when the drawer has no checking account, negotiable order of withdrawal account or share draft account with the drawee or has funds in such an account with the drawee in an amount less than the amount of the check plus the amount of all other checks outstanding at the time of issuance. A check dishonored for "no account" shall also be deemed to be dishonored for insufficient funds. Issue means making drawing, delivering or passing a check or causing it to be made, drawn, delivered, or passed. Negotiable order of withdrawal or share draft means negotiable or transferable instruments drawn on a negotiable order of withdrawal account or a share draft account, as the case may be, for the purpose of making payments to third persons or otherwise. Negotiable order of withdrawal account means an account in a bank, savings and loan association or industrial bank. Share draft account means an account in a credit union, on which payment of interest or dividends may be made on a deposit with respect to which the bank, savings and loan association or industrial bank or the credit union, as the case may be, may require the depositor to give notice of an intended withdrawal not less than thirty (30) days before the withdrawal is made, although in practice such notice is not required and the depositor is allowed to make withdrawal by negotiable order of withdrawal or share draft. (b) Any person, knowing the person has insufficient funds with the drawee, who, with intent
to defraud, issues a check for the payment of services, wages, salary, commissions, labor, rent, money,
property or other thing of value, commits fraud by check. This Subsection shall only apply where the fraudulent check was for the sum of less than one thousand dollars ($1,000.00).
(c) Any person having acquired rights with respect to a check which is not paid because the
drawer has insufficient funds shall have standing to file a complaint under this Section, whether or not the person is the payee, holder or bearer of the check.
(d) A bank, savings and loan association, industrial bank or credit union shall not be civilly
or criminally liable for releasing information relating to the drawer's account to a police officer, city attorney or authorized investigator for a city attorney investigating or prosecuting a charge under this Section.
(e) This Section does not relieve the prosecution from the necessity of establishing the
required culpable mental state. However, for purposes of this Section, the issuer's knowledge of insufficient funds is presumed, except in the case of a post-dated check or order, if:
(1) The issuer has no account upon which the check or order is drawn with the bank or other drawee at the time he or she issues the check or order; or (2) The issuer has insufficient funds upon deposit with the bank or other drawee to pay the check or order, on presentation within thirty (30) days after issue.
10-5-110. Public indecency.
It is unlawful to commit public indecency. Any person who performs any of the following in a public place or where the conduct may reasonably be expected to be viewed by members of the public commits public indecency:
(1) An act of sexual intercourse or deviate sexual intercourse; (2) A lewd exposure of the body done with intent to arouse or to satisfy the sexual desire of any person; or (3) A lewd fondling or caress of the body of another person.
10-5-120. Indecent exposure.
It is unlawful for a person to knowingly expose his or her genitals to the view of any person under circumstances in which such conduct is likely to cause affront or alarm to the other person.
10-5-130. Public nudity.
It is unlawful for any person to be nude in any public place, place which is public in nature or place open to the public view. 10-5-140. Urinating in public.
It is unlawful for any person to urinate or defecate in any public way or place which is public in nature or in any place open to the public view.
ARTICLE VI
Minors 10-6-10. Curfew.
(a) It is unlawful for any child to be or remain upon any street, alley or other public place or on any private property within the City without the express consent of the owner or lawful occupant of such property, between the hours of 11:00 p.m. on one (1) day and 6:00 a.m. on the next day unless such child is accompanied by a parent or unless such child is traveling to or from lawful employment and has on his or her person a written statement from his or her employer specifying the nature of the employment and the hours of employment.
(b) It is unlawful for the parent of any child to permit that child to violate the foregoing subsection. The fact that a child is present in the City in violation of the foregoing Section shall create the presumption that said child is violating the foregoing Section with the consent of his or her parent.
(c) The presence of a child within the City in violation of subsection (b) above shall give the Municipal Court jurisdiction over that child and over the parent of that child who is presumed to be permitting the child to act in violation of Subsection (b) above regardless of the actual physical location of the parent at the time subsection (b) is violated. 10-6-20. Parent or guardian aiding, abetting.
It is unlawful for any person to knowingly permit any minor, or to aid, abet, approve, encourage, allow, permit, tolerate or consent to the violation by any minor of any provision of this Article or any ordinances of the City. 10-6-30. Encouraging delinquency.
It is unlawful for any person, by any act or neglect, to encourage, aid or cause a minor to come within the purview of the juvenile authorities, and it shall likewise be unlawful for any person, after notice that a driver's license of any minor has been suspended or revoked, to permit such minor to operate a motor vehicle during the period that such driver's license is suspended.
10-6-40. False statement; false credentials.
It is unlawful for any person under twenty-one (21) years of age to make false statements, to furnish, present or exhibit any fictitious or false registration card, identification card, note or other document for any unlawful purpose, or to furnish, present or exhibit such document or documents issued to a person other than the one presenting the same for the purpose of gaining admission to prohibited places for the purpose of procuring the sale, gift or delivery of prohibited articles, including beer, liquor, wine or fermented malt beverages as defined in this Chapter.
10-6-50. Services of others.
It is unlawful for any person under the age of twenty-one (21) years to engage or utilize the services of any other person, whether for remuneration or not, to procure any article which the person under the age of twenty-one (21) years is forbidden by law to purchase.
10-6-60. Sale, purchase, and consumption of tobacco. (a) It is unlawful for any person to sell tobacco to any minor within the City.
(b) It is unlawful for any minor to purchase or accept as a gift tobacco within the City. (c) It is unlawful for any minor to possess, use, or consume tobacco within the City. (d) Any person in charge of or in control of a retail business of any kind, with the
exception of a tobacco business as defined herein, must stock and display tobacco products in the business in a manner so as to make all tobacco products inaccessible to customers without the assistance of a retail clerk, thereby requiring a direct face-to-face exchange of the tobacco product from an employee of the business to the customer; provided, however, that this provision shall not apply to self-service displays of tobacco products that are located in a public place where access by individuals under the age of eighteen (18) is prohibited.
(e) Except in the case of a tobacco business as defined herein, it is unlawful for any person to own, locate, keep, install or maintain a vending machine which dispenses tobacco products in an area open to the public other than areas where access to individuals under the age of eighteen (18) is prohibited or where the vending machine dispenses tobacco products through the operation of a device that enables an adult employee to prevent the dispensing of such products to minors.
(f) For purposes of this Section, a “tobacco business” shall mean a sole proprietorship, corporation, partnership, or other enterprise engaged primarily in the sale, manufacture, or promotion of tobacco, tobacco products, or smoking devices or accessories, either at wholesale or retail and generating more than sixty-five percent (65%) of its gross revenues annually from the sale of tobacco products and tobacco paraphernalia. 10-6-70. Restrictions on tobacco product promotions. It is unlawful for any person to distribute any tobacco product without charge in any public place or at any event open to the public for the purpose of promotion or advertising. No person shall, in any public place or at any event open to the public, distribute any coupon or similar writing which purports to allow the bearer to exchange the same for any tobacco product, either free or at a discount. 10-6-80. Violations.
Violations of this Article shall be punishable in accordance with the provisions of Chapter 1, Article IV of this Code.
ARTICLE VII Alcoholic Beverages and Drugs
10-7-10. Illegal possession or consumption of alcoholic beverages by an underage person.
(a) Any person under twenty-one (21) years of age who possesses or consumes alcohol beverages anywhere in the City commits illegal possession or consumption of alcohol beverages by an underage person. Illegal possession or consumption of alcohol beverages by an underage person is a strict liability offense.
(b) It is an affirmative defense to the offense described in subsection (a) above that the alcohol beverages were possessed or consumed by a person under twenty-one (21) years of age under the following circumstances:
(1) While such person was legally upon private property with the knowledge and consent of the owner or legal possessor of such private property and the alcohol beverages were possessed or consumed with the consent of his or her parent or legal guardian who was present during such possession or consumption; or (2) When the existence of alcohol beverages in a person's body was due solely to the ingestion of a confectionery which contained alcohol beverages within the limits prescribed by Section 25-5-410(1)(i)(II), C.R.S., or the ingestion of any substance which was manufactured, designed or intended primarily for a purpose other than oral human ingestion, or the ingestion of any substance which was manufactured, designed or intended solely for medicinal or hygienic purposes or solely from the ingestion of a beverage which contained less than one-half of one percent (0.5%) of alcohol beverages by weight.
(c) The possession or consumption of alcohol beverages shall not constitute a violation of
this Section if such possession or consumption takes place for religious purposes protected by the First Amendment to the United States Constitution.
(d) It is unlawful for any person under the age of twenty-one (21) years to represent himself
or herself to be over the age of twenty-one (21) years for the purpose of purchasing within the City any alcohol beverage.
(e) It is unlawful for any person under the age of twenty-one (21) years to attempt to purchase, purchase or obtain, either directly or through an intermediary, any alcohol beverage by misrepresentation or any other means.
(f) It is unlawful to sell alcohol beverages to any person under the age of twenty-one (21) years, or to permit any fermented malt beverage, malt or vinous liquors to be sold or dispensed by a person under eighteen (18) years of age, or spirituous liquors to be sold or dispensed by a person under twenty-one (21) years of age, or to permit any such person to participate in the sale or dispensing thereof.
(g) It is unlawful for any person, whether for remuneration or not, to procure for any person under twenty-one (21) years of age any alcohol beverages.
(h) It is unlawful in any place of business where alcohol beverages are sold and consumed upon the premises, for any person to beg or to solicit any patron or customer of or visitor in such premises to purchase any alcohol beverage for the one begging or soliciting.
(i) Prima facie evidence of a violation of subsection (a) of this Section shall consist of: (1) Evidence that the defendant was under the age of twenty-one (21) years and possessed or consumed alcohol beverages anywhere in this State; or (2) Evidence that the defendant was under the age of twenty-one (21) years and manifested any of the characteristics commonly associated with alcohol beverage intoxication or impairment while present anywhere in this State.
(j) During any trial for a violation of subsection (a) above, any bottle, can or other container
with labeling indicating the contents of such bottle, can or container shall be admissible into evidence, and the information contained on any label on such bottle, can or other container shall not constitute hearsay. A jury or a judge, whichever is appropriate, may consider the information upon such label in determining whether the contents of the bottle, can or other container were composed in whole or in part
of alcohol beverages. A label which identifies the contents of any bottle, can or other container as "beer," "ale," "malt beverage," "fermented malt beverage," "malt liquor," "wine," "champagne," "whiskey" or "whisky," "gin," "vodka," "tequila," "schnapps," "brandy," "cognac," "liqueur," "cordial," "alcohol" or "liquor" shall constitute prima facie evidence that the contents of the bottle, can or other container were composed in whole or in part of alcohol beverages.
(k) A parent or legal guardian of a person under twenty-one (21) years of age, or any natural person who has the permission of such parent or legal guardian, may give, or permit the possession and consumption of, alcohol beverages to or by a person under the age of twenty-one (21) years under the conditions described in subsection (b)(1) above. This subsection shall not be construed to permit any establishment which is or is required to be licensed pursuant to Article 46, 47 or 48 of Title 12, C.R.S., or any members, employees or occupants of any such establishment to give, provide, make available or sell alcohol beverages to a person under twenty-one (21) years of age. 10-7-20. Sales near schools.
It is unlawful for any person to sell, offer or expose for sale or gift any alcohol beverages within a distance of five hundred (500) feet from any private, public or parochial school, said distance to be computed by direct measurement from the nearest property lines. However, this prohibition shall not affect the rights of any person holding a lawful permit or license to conduct such business within the restricted area hereby established; nor shall this prohibition prevent the renewal, upon the expiration thereof, of any license in effect at such time authorizing such business within the restricted area hereby established.
10-7-30. Possession and consumption of alcohol beverages in certain places.
(a) Possession and consumption in public restricted. It is a misdemeanor for any person to consume any alcohol beverage or to possess any unsealed or open container containing any alcoholic beverage in or on any of the following described places: public ways, sidewalks, streets, alleys, parks or parkways; within or upon any public portion of a building, grounds or real property operated by any governmental entity within the City; or upon any parking lot, public or private, generally open to members of the public. For the purpose of this subsection, an unsealed or open container shall not include a container of vinous liquor that has been resealed pursuant to the provisions of Section 12-47-411(3.5), C.R.S., as amended, and is clearly recognizable to a police officer as a container that has been resealed by the hotel or restaurant license holder.
(b) Alcohol beverage on school grounds. No person shall carry or have any open containers of alcohol beverages on any street, sidewalk, alley or other public place, in any vehicle or on the grounds or in the facilities of any public or private school, college or university except where authorized by the governing authority of such institution.
(c) Drinking in restricted places. No person shall drink any alcohol beverages in or on any of the above enumerated places.
(d) Exemption. The foregoing prohibitions shall not apply to any place duly licensed for the sale of alcohol beverages.
(e) Open container in vehicle. It is a misdemeanor for any person to possess any unsealed or open container containing any alcohol beverage in any vehicle on any public way, sidewalk, street, alley, park or parkway, or upon any parking lot, public or private, generally open to members of the public. For the purpose of this subsection, an unsealed or open container shall not include a container of vinous liquor
that has been resealed pursuant to the provisions of Section 12-47-411(3.5), C.R.S., and is clearly recognizable to a police officer as a container that has been resealed by the hotel or restaurant license holder.
(f) Evidence of alcohol beverage. In prosecutions for violation of this Section, it shall be prima facie evidence that a beverage or liquid is an alcohol beverage if it is or was contained within a container labeled as an alcohol beverage or it either looks like, smells like or tastes like an alcohol beverage. 10-7-40. Exceptions.
By resolution, the City Council may except a given place and time from the operation of this Article. However, such resolution shall specify the location of the exception and the time limits of the exception. Such exceptions shall not be general in nature. The City Council shall only give such an exception when the person applying for the exception has provided the following to the City: an application on a form to be provided by the City; proof that an application has been made for a special events permit from the Colorado Liquor Licensing Authority; and proof that the applicant has obtained insurance for the event for which the exception is sought, which insurance will cover the event and the sale and consumption of alcohol at the event, will be in an amount for public liability of not less than one million dollars ($1,000,000.00), and which names the applicant and the City as insureds. The City Council may grant the exception upon the condition that members of the Police Department are available to supervise and patrol the event for which the exception is sought; and that the applicant shall pay the City a fee for providing the police officers, based upon the average salary of the Police Department for that year, which fee will be paid in advance based upon the City Council's estimate of the number of police officers and the amount of time for which they will be required.
10-7-50. Interpretation.
(a) Interpretation. For the purposes of this Article, a person within a motor vehicle shall be considered to be on or within the premises on which or within which the motor vehicle is located just as though the person were on or within the premises and there was no motor vehicle present.
(b) Prima facie evidence. In prosecutions for violation of this Article, it shall be prima facie
evidence that a beverage or liquid is an alcohol beverage if it is or was contained within a container labeled as an alcohol beverage or it either looks like, smells like or tastes like an alcohol beverage. 10-7-60. Possession of drug paraphernalia.
(a) A person commits possession of drug paraphernalia if he or she possesses drug paraphernalia and intends to use the drug paraphernalia under circumstances in violation of state law.
(b) Any person who commits possession of drug paraphernalia commits a Class 2 petty offense. 10-7-70. Possession of cannabis.
(a) For the purposes of this Section, the term cannabis shall include all parts of the plant Cannabis sativa L., whether growing or not; the seed thereof; the resin extracted from any part of such plant; and every compound, manufacture, salt derivative, mixture or preparation of such plant, its seeds or resin; but shall not include the mature stalks of such plant, fiber produced from its stalks, oil or cake, or the sterilized seed of such plant, which is incapable of germination. The term cannabis concentrate means
hashish, tetrahydrocannabinols or any alkaloid, salt derivative, preparation, compound or mixture, whether natural or synthesized, of tetrahydrocannabinols.
(b) It is unlawful to possess one (1) ounce or less of cannabis or cannabis concentrate, and upon conviction thereof, or plea of guilty or no contest thereto, punishment shall not be by imprisonment, but shall be by a penalty assessment of not more than one hundred dollars ($100.00).
(c) It is unlawful openly and publicly to display or consume one (1) ounce or less of cannabis concentrate, and upon conviction thereof, or a plea of guilty or no contest thereto, punishment shall be as set out in Chapter 1, Article IV of this Code.
(d) The provisions of this Section shall not apply to any person who possesses or uses cannabis or cannabis concentrate pursuant to the Dangerous Drugs Therapeutic Research Act. 10-7-80. Abusing toxic vapors.
(a) As used in this Section, the term toxic vapors means the following substances or products containing such substances: alcohols, including methyl, isopropyl, propyl or butyl; aliphatic acetates, including ethyl, methyl, propyl or methyl cellosolve acetate; acetone; benzene; carbon tetrachloride; cyclohexane; Freons, including Freon 11 and Freon 12; hexane; methyl ethyl ketone; methyl isobutyl ketone; naphtha; perchlorethylene; toluene; trichloroethane or xylene.
(b) No person shall knowingly smell or inhale the fumes of toxic vapors for the purpose of causing a condition of euphoria, excitement, exhilaration, stupefaction or dulled senses of the nervous system. No person shall knowingly possess, buy or use any such substance for the purposes described in this Section. This subsection shall not apply to the inhalation of anesthesia for medical or dental purposes.
(c) It is unlawful for any person knowingly to sell, offer for sale, deliver or give away to any other person any substance or product releasing toxic vapors, where the seller, offeror or deliverer knows or has reason to believe that such substance will be used for the purpose of inducing a condition of euphoria, excitement, exhilaration, stupefaction or dulled senses of the nervous system.
(d) In a prosecution for a violation of this Section, evidence that a container lists one (1) or more of the substances described in subsection (a) above as one (1) of its ingredients shall be prima facie evidence that the substance in such container contains toxic vapors and emits the fumes thereof.
ARTICLE VIII
Weapons 10-8-10. Definitions.
(a) As used in this Article, unless the context otherwise requires, the following definitions shall apply:
Ballistic knife means any knife that has a blade which is forcefully projected from the handle by means of a spring-loaded device or explosive charge. Blackjack includes any billy, sand club, sandbag or other hand-operated striking weapon consisting, at the striking end, of an encased piece of lead or other heavy substance and, at the handle end, a strap or springy shaft which increases the force of impact.
Bomb means any explosive or incendiary device or Molotov cocktail as defined in Section 9-7-103, C.R.S., as amended, or any chemical device which causes or can cause an explosion, which is not specifically designed for lawful and legitimate use in the hands of its possessor. Firearm silencer means any instrument, attachment, weapon or appliance for causing the firing of any gun, revolver, pistol or other firearm to be silent or intended to lessen or muffle the noise of the firing of any such weapon. Gas gun means a device designed for projecting gas-filled projectiles which release their contents after having been projected from the device and includes projectiles designed for use in such device. Gravity knife means any knife that has a blade released from the handle or sheath thereof by the force of gravity or the application of centrifugal force that, when released, is locked in place by means of a button, spring, lever or other device. Handgun means a pistol, revolver or other firearm of any description, loaded or unloaded, from which any shot, bullet or other missile can be discharged, the length of the barrel of which, not including any revolving, detachable or magazine breech, does not exceed twelve (12) inches. Knife means any dagger, dirk, knife or stiletto with a blade over three and one-half (3½) inches in length, or any other dangerous instrument capable of inflicting cutting, stabbing or tearing wounds; but does not include a hunting or fishing knife carried for sports use. The issue that a knife is a hunting or fishing knife must be raised as an affirmative defense. Machine gun means any firearm, whatever its size and usual designation, that shoots automatically more than one (1) shot, without manual reloading, by a single function of the trigger. Nunchaku means an instrument consisting of two (2) sticks, clubs, bars or rods to be used as handles, connected by a rope, cord, wire or chain which is in the design of a weapon used in connection with the practice of a system of self-defense. Short rifle means a rifle having a barrel less than sixteen (16) inches long or an overall length of less than twenty-six (26) inches. Short shotgun means a shotgun having a barrel or barrels less than eighteen (18) inches long or an overall length of less than twenty-six (26) inches. Stun gun means a device capable of temporarily immobilizing a person by the infliction of an electrical charge. Switchblade knife means any knife the blade of which opens automatically by hand pressure applied to a button, spring or other device in its handle. Throwing star means a disk having sharp radiating points or any disk-shaped bladed object which is handheld and thrown and which is in the design of a weapon used in connection with the practice of a system of self-defense.
(b) It is an affirmative defense to any provision of this Article, that the act was committed by a police officer in the lawful discharge of his or her duties.
10-8-20. Carrying concealed weapon; forfeiture.
(a) It is unlawful for any person to wear under his or her clothes or concealed about his or her person, or to display in a threatening manner any dangerous or deadly weapon, including but not limited to any pistol, revolver, metallic knuckles, Bowie knife, dirk, dagger or knife resembling a Bowie knife, or any other dangerous or deadly weapon.
(b) It shall be an affirmative defense that the defendant was:
(1) A person in his or her own dwelling or place of business or on property owned by him or her or under his or her control at the time of the act of carrying;
(2) A person who, prior to the time of carrying a concealed weapon, has been issued a valid written permit pursuant to Title 18, Article 12, C.R.S. to carry the weapon and was carrying the weapon in accordance with all applicable state, federal, and local laws, regulations, and permit conditions;
(3) A person was within a private automobile or other private means of conveyance, for the lawful protection of his or her person or property or another’s person or property while traveling.
(c) It is unlawful for any person to sell, offer to sell, display, use, possess or carry any knife or knives having the appearance of a pocket knife the blade or blades of which can be opened by a flick of a button, pressure on the handle or other mechanical contrivance. Any such knife is hereby declared to be a dangerous or deadly weapon within the meaning of Subsection (a) above, and shall be subject to forfeiture to the City as provided in Subsection (d) below.
(d) Every person convicted of any violation of this Section shall forfeit to the City such dangerous or deadly weapon so concealed or displayed.
(e) Nothing in this Section shall be construed to forbid United States Marshals, sheriffs, constables and their deputies and any regular, special or ex officio police officer or any other law enforcement officer from carrying or wearing, while on duty, such weapons as shall be necessary in the proper discharge of their duties.
10-8-30. Disposition of confiscated concealed weapons.
It is the duty of every police officer, upon making any arrest and taking such a concealed weapon from the person of the offender, to deliver the weapon to the Municipal Judge, to be held by him or her until the final determination of the prosecution for said offense, and upon the finding of guilt, it shall then be the duty of the Municipal Judge to deliver said weapon forthwith to the Chief of Police, who shall make disposition of the weapon. 10-8-40. Prohibited use of weapons.
(a) It is illegal for a person to commit any of the following: (1) To knowingly and unlawfully aim a firearm at another person.
(2) To recklessly or with criminal negligence discharge any firearm or any device utilizing a chemical explosion or shoot a bow and arrow within the City limits. (3) To knowingly set a loaded gun, trap or device designed to cause an explosion upon being tripped or approached, and leave it unattended by a competent person immediately present. (4) To have in his or her possession a firearm while he or she is under the influence of intoxicating liquor or of a controlled substance. Possession of a permit issued under Section 18-12-105.1, C.R.S., as amended, is no defense to a violation of this Section (5) To knowingly aim, swing or throw a throwing star or nunchaku at another person, or knowingly possess a throwing star or nunchaku in a public place except for the purpose of presenting an authorized public demonstration or exhibition or pursuant to instruction in conjunction with an organized school or class. When throwing stars or nunchaku are being transported for a public demonstration or exhibition or for a school or class, they shall be transported in a closed, nonaccessible container.
(b) Nothing contained in this Section shall prevent the use of any such instruments in
shooting galleries or in any private grounds or residences under circumstances when such instrument can be fired, discharged or operated in such a manner as not to endanger persons or property and also in such manner as to prevent the projectile from traversing any grounds or space outside the limits of such gallery, grounds or residence; and further provided that nothing herein contained shall be construed to prevent the carrying of any type of gun whatsoever, when unloaded and properly cased, to or from any range or gallery.
(c) Nothing contained in this Section shall prevent the use of any such instruments by any
police officer as shall be necessary in the proper discharge of his or her duties. 10-8-50. Selling weapons to intoxicated persons.
(a) It is unlawful for any person to purchase, sell, loan or furnish any gun, pistol or other firearm in which any explosive substance can be used, to any person under the influence of alcohol or any narcotic drug, stimulant or depressant, to any person in a condition of agitation and excitability, or to any minor under the age of eighteen (18) years.
(b) Such unlawful purchase, sale, loan or furnishing shall be grounds for revocation of any license issued by the City to such person.
ARTICLE IX Noise Control
10-9-10. Purpose.
This Article is enacted to protect, preserve and promote the health, safety, welfare, peace and quiet of the citizens of the City through the reduction, control and prevention of noise. It is the intent of this Article to establish standards that will eliminate and reduce unnecessary and excessive noise which is physically harmful and otherwise detrimental to individuals and the community in the enjoyment of life, property and the conduct of business. 10-9-20. Definitions.
The following words and phrases, when used in this Article, shall have the meanings respectively ascribed to them:
Ambient sound level means the A-weighted sound level of all sound associated with a given environment, exceeded ninety percent (90%) of the time (L90), measured and being a composite of sounds from many sources during the period of observation while the sound from the noise source of interest is not present. Amplified sound means any sound produced by any means, the volume of which is amplified or increased through electronic or electromechanical means. A-weighted sound pressure level means the sound pressure level as measured with a sound level meter using the A-weighting network. The standard notation is dB(A). Commercial power equipment means any equipment or device rated at more than five (5) horsepower and used for building repairs or property maintenance, excluding snow removal and lawn care equipment. Commercial premises means any developed parcel or premises where less than fifty percent (50%) of the total gross floor area of all buildings on the premises meets and satisfies the definition of residential premises as set forth below. Construction equipment means any device or mechanical apparatus operated by fuel, electric or pneumatic power in the excavation, construction, repair, maintenance or demolition of any building, structure, lot, parcel, street, alley, waterway or appurtenance thereto. Decibel means a logarithmic unit of measure often used in measuring magnitude of sound. The symbol is dB. Domestic power equipment means any equipment or device rated at five (5) horsepower or less and used for building repairs or grounds maintenance, excluding snow removal, tree maintenance and lawn care equipment. Emergency power generator means the equipment used to generate electrical power in the event of an interruption, malfunction or failure of the electrical power supplied by a service provider. Emergency vehicle means an authorized motor vehicle that has sound warning devices such as whistles, sirens and bells which can lawfully be used when responding to an emergency or police activity, or which is required by state or federal regulations. Emergency work means an activity made necessary to restore property to a safe condition following a severe weather incident, natural disaster or public calamity, or work required to protect persons or property from injury or exposure to imminent danger. It includes work by private or public entities for immediately providing or restoring necessary utility service, as well as all situations deemed necessary by the City. Industrial premises means any premises where manufacturing, processing or fabrication of goods or products takes place. Lawn care equipment means equipment used to cut, vacuum or sweep grass, blow away lawn clippings or leaf debris, or aerate turf.
Motor vehicle means any vehicle which is self-propelled and used for transporting persons or property upon public roadways, inclusive of motorcycles. The term motor vehicle shall not include: aircraft, watercraft, mechanical street sweepers, self-propelled construction equipment, motor vehicles operated exclusively on private property for recreational or amusement purposes, vehicles used exclusively on stationary rails, or specialized utility vehicles normally used only on private property in the daily course of business, such as forklifts and pallet movers. Muffler-approved exhaust type means an apparatus which consists of a series of chambers, baffle plates or other mechanical devices designed for the purpose of receiving and transmitting exhaust gases and which reduces sound emanating from such an apparatus by at least twenty (20) decibels in the A-weighting network dB(A) from the nonmuffled condition. Noise means sound that is unwanted and which causes or tends to cause annoyance and/or adverse psychological or physiological effects on human beings, or disturbs the peace and quiet of persons on a receptor premises. Premises means any building, structure, land, utility or portion thereof, including all appurtenances, and also includes yards, lots, courts, inner yards and properties without buildings or improvements owned or controlled by a person. Property line means that real or imaginary line and its vertical or horizontal extension which separates real property owned or controlled by any person from contiguous real property owned or controlled by another person, inclusive of the lines that separate units in a multiple-unit building. Public premises means all real property, including appurtenances thereon, which is owned or controlled by any governmental entity, and includes streets, alleys, sidewalks, parks and waterways. Receptor premises means a premises (residential, commercial, industrial or public) as listed in Table 10-A below which is receiving noise emitted from a source premises after crossing one (1) or more property lines. Residential premises means any lot, parcel or premises where single-family, two-family or multiple-dwelling units exist, and shall also include schools, churches, nursing homes, long-term care and similar institutional facilities where the use of more than fifty percent (50%) of the gross floor area of the subject premises satisfies and meets this definition. Snow removal equipment means any equipment used for removing snow from land or building surfaces and includes snowplows, snowblowers, snow sweepers and snow shovels. Sound means an oscillation in pressure, stress, particle displacement and particle velocity which induces auditory sensation. Sound level meter means an apparatus or instrument, including a microphone, amplifier, attenuator, output meter and frequency weighting networks, for the measurement of sound levels. The sound level meter shall be of a design and have the characteristics of a Type 2 or better instrument as established by the American National Standards Institute, Publication S1.4-1971, entitled Specification for Sound Level Meters, or its current successor publication.
Sound pressure level means twenty (20) times the logarithm to the base ten (10) of the ratio of the pressure of a sound to the reference pressure of twenty (20) micronewtons per square meter (20 x 106 Newtons/meter2), and is expressed in decibels (dB). Source premises means a premises (residential, commercial, industrial or public) as listed in Table 10-A that is emitting noise that is crossing one (1) or more property lines and impacting the receptor premises. Tree maintenance equipment means any equipment used in trimming or removing trees only, and shall not be limited to chainsaws, chippers and stump removers.
10-9-30. Prohibitions.
(a) It is unlawful for any person to use, keep, have in his or her possession or harbor any domesticated animals which, by frequent or habitual howling, barking, meowing, squawking or otherwise, shall cause annoyance or disturbance to persons in the neighborhood; provided, however, that the provisions of this Section shall not apply to hospitals licensed for the treatment of small animals.
(b) It is unlawful for any person to carry or use upon a vehicle, other than Police or Fire Department vehicles or emergency vehicles for public use, any gong, siren, whistle or red light similar to that used on ambulances or vehicles of the Police and Fire Departments.
(c) It is unlawful for any person to emit or cause to be emitted any noise which leaves the
premises on which it originates, inclusive of a public premises, crosses a property line and enters onto any other premises in excess of the sound pressure levels during the time periods as specified in Table 10-A below. In determining whether a violation of this Section is occurring, the noise and/or noise source shall be measured at any point along the property line or within the property line of the receiving or receptor premises.
(d) When in any case it is determined that the ambient sound level at the receiving premises
equals or exceeds the maximum allowable sound pressure level specified in Table 10-A, the ambient sound level of the receiving premises is the standard which cannot be exceeded by the subject or offending noise. TABLE 10-A Maximum Allowable Noise Levels (in dBA) with Time-of-Day Allowance Receptor Premises Residential Commercial Industrial Public Source Premises 7 am-10 pm 10 pm-7 am 7 am-10 pm 10 pm-7 am 7 am-10 pm 10 pm-7 am 7 am-10 pm 10 pm-7 am Residential 55 50 65 60 80 75 75 70 Commercial 55 [60] 50 [60] 65 60 80 75 75 70 Industrial 55 [65] 50 [65] 65 60 80 75 75 70 Public 55 [60] 55 [60] 65 60 80 75 75 70 NOTE: The numbers in brackets [ ] are the allowable limits that comply with Exemption (13) below. 10-9-40. Exemptions.
Notwithstanding the provisions of Section 10-9-30 above, the maximum allowable sound pressure levels as set forth in Table 10-A above shall not apply to sounds emitted from:
(1) Any bell or chime from any building clock, school or church, but excluding any amplified bell or chime sounds emitted from loudspeakers. (2) Any siren, whistle, bell or audible warning device lawfully used by an emergency vehicle or on construction equipment, or any other alarm system used in case of fire, collision, civil defense, police activity or imminent danger; provided, however, that burglar alarms or construction equipment alarms or warning devices not terminated within fifteen (15) minutes after being activated shall be deemed a nuisance and unlawful. (3) Any aircraft in flight subject to federal law regarding noise control, and any helicopter in the act of landing or taking off at a helipad licensed by the City, so long as the helicopter is not landing or taking off in violation of any conditions or restrictions of the helipad's license. (4) Any ground-based aircraft activity, including testing or engine run-up noise; provided, however, that emission of such noise in excess of a sound pressure level of seventy (70) dB(A) when measured upon an inhabited residential premises shall be deemed an unlawful nuisance. (5) Any tree maintenance or lawn care equipment operated upon a residential, commercial, industrial or public premises during the time period between 7:00 a.m. and 9:30 p.m.; provided, however, that the operation of tree maintenance or lawn care equipment between the hours of 9:30 p.m. and 7:00 a.m. shall not exceed the maximum sound pressure levels as specified in Table 10-A above. (6) Any construction equipment or activities in compliance with Section 10-9-50(3) below. (7) Any domestic power equipment operated upon any residential, commercial, industrial or public premises between 7:00 a.m. and 9:30 p.m.; provided that such equipment does not exceed a sound pressure level of eighty (80) dB(A) when measured twenty-five (25) feet from the property line of the property on which the equipment is being operated; and further provided that, between the hours of 9:30 p.m. and 7:00 a.m., such equipment does not exceed the maximum sound pressure levels as specified in Table 10-A above. (8) Any commercial power equipment operated upon any residential, commercial, industrial or public premises between 7:00 a.m. and 9:30 p.m., provided that such equipment does not exceed a sound pressure level of eighty-eight (88) dB(A) when measured twenty-five (25) feet from the property line of the property on which the equipment is being operated; and further provided that between 9:30 p.m. and 7:00 a.m., such equipment does not exceed the maximum sound pressure levels as specified in Table 10-A above. (9) The musical instruments of any school marching band while performing at any sporting event or marching band competition, and the musical instruments of any school marching band practicing on school grounds that do not exceed sixty-five (65) dB(A) when measured at the property line of any receiving residential premises. (10) Snow removal equipment operated on any premises following a snowstorm between the hours of 5:00 a.m. and 10:00 p.m.; provided that such equipment does not exceed the sound pressure limits of eighty-eight (88) dB(A) commercial power equipment, or eighty (80) dB(A) for domestic power equipment, when measured at a distance of twenty-five (25) feet from the property line of the property on which the equipment is being operated.
(11) Any power generator providing emergency electrical power at any hospital, health clinic, nursing home or similar facility where the loss of electrical power poses an immediate risk to the health, safety or welfare of any person, or at any premises where such equipment is required by the Fire Department. Additionally, the noise emitted during the routine testing of emergency electrical power generators shall not exceed eighty-eight (88) dB(A) at a distance of twenty-five (25) feet from the property line for the property on which the generator is operated. Routine testing shall not exceed one (1) hour in any one-week period, or two (2) hours in any six-week period, and shall be confined to the hours of 10:00 a.m. to 4:00 p.m., or as otherwise approved. (12) Any industrial, commercial or public premises exceeding the standards of Table 10-A above at a receiving residential premises when the zoning classification for the receiving residential premises does not allow residential use by right (that is, the residential use is nonconforming). However, in such situation the noise emitted by the industrial, commercial or public premises shall not exceed the standards for a receiving industrial, commercial or public premises, respectively. (13) Any industrial, commercial or public premises exceeding the standards of Table 10-A above at a receiving residential premises when such industrial, commercial or public premises and their emitted noise level were in existence prior to the existence of the residential premises; provided, however, that the existing industrial premises does not exceed sixty-five (65) dB(A), and the commercial premises do not exceed sixty (60) dB(A), when measured at the receiving residential premises. (14) Any noise specifically authorized by permit duly issued by the City, inclusive of a parade permit, and noise created or caused by employees, contractors or agents of the City while performing emergency work or activities necessary to address a natural or manmade disaster, calamity or emergency.
10-9-50. Prohibited noise activities.
Notwithstanding the sound pressure levels and/or limits permitted in Section 10-9-30 above, the following activities are prohibited everywhere in the City:
(1) No person shall at any time sound any horn or other audible signal device of a motor vehicle unless it is necessary as a warning to prevent or avoid a traffic accident, or is reasonably necessary to inform or warn of a vehicle presence, inclusive of audible back-up safety warning devices. (2) No person shall operate any trash compacting mechanism on any motor vehicle or on any premises, nor shall any person engage in any trash, rubbish or garbage collection activity, between the hours of 10:00 p.m. and 6:30 a.m. when such compacting or collection activity takes place on any premises, other than a public premises, adjacent to, or across the street or alley from, a residential premises. (3) No person shall operate any construction equipment, nor conduct any construction activities, that exceeds the noise limits of Table 10-A above between the hours of 9:00 p.m. and 7:00 a.m.; provided, however, that the City may grant variances from the construction restrictions if it can be demonstrated that a construction project will interfere with traffic if completed during daytime hours, or that other extenuating circumstances exist requiring relief from this prohibition; and further excepting the operation of municipal street sweeping equipment.
(4) Except for an authorized public address system utilized to announce a sporting or recreational event, no noise shall be emitted from any radio, tape/CD player, electronic sound system or similar electronic amplified sound reproduction or receiving device on or within any public park or recreational area in excess of fifty-five (55) dB(A) unless authorized under a permit as obtained under Section 10-9-90 below.
10-9-60. Motor vehicle noise prohibited.
(a) No person shall operate, nor shall the owner permit the operation of, any motor vehicle or combination of motor vehicles at any time or place when such operation exceeds the following noise sound pressure levels for the category of motor vehicles as specified in Table 10-B below. The standards in Table 10-B shall apply to all noise emitted from a motor vehicle, including any and all equipment thereon, and under any condition of acceleration, deceleration, idle, grade or load, and whether or not in motion; excepting audible backup safety warning devices.
(b) It is unlawful for any person to drive or move, or for the owner of any motor vehicle to permit to be driven or moved, any motor vehicle which is not equipped with an approved exhaust muffler satisfying the requirements of this Section; and/or to modify or change an approved exhaust muffler, air intake muffler or any other sound-reducing device in such a manner that the noise emitted from the motor vehicle exceeds the sound pressure levels as established in Table 10-B below, or is increased above the sound pressure level of the vehicle as originally manufactured. Muffler cutouts, bypasses or other devices which increase sound pressure levels or change the original manufactured exhaust system of any motor vehicle shall be considered a violation of this Article. TABLE 10-B Maximum Allowable Noise Sound Pressure Levels for Motor Vehicles Type of Vehicle Time Period Maximum Allowable Sound Pressure Level Measurement Distance from Motor Vehicle Motor vehicles weighing less than 10,000 lbs., manufacturer's gross vehicle weight (GVWR) At any time 80 dB(A) 25 feet Motor vehicles weighing 10,000 lbs. or more, manufacturer's gross vehicle weight (GVWR) At any time 86 dB(A) 25 feet 10-9-70. Sound level measurements.
Sound level measurements made pursuant to this Article shall be made with a sound level meter of standard design using the weighting network/scale. 10-9-80. Sound permits.
(a) A permit to vary or temporarily waive the maximum allowable noise levels as specified in this Article may be applied for and obtained from the City for special events or activities, including, without limitation, musical performances or other entertainment events, fireworks displays, parades and seasonal commercial activities. Applications for a permit shall be made on approved forms and be submitted along with any application fee to the City Clerk not less than five (5) working days prior to the date for which the permit is sought. The application shall be promptly routed by the City Clerk to the City's zoning and police officials, who shall forward their comments concerning the same to the City Administrator.
(b) The City Administrator may grant or deny a permit application taking into consideration the nature and duration of the noise/activity sought to be permitted, the location of the proposed noise/activity, the anticipated impact of the proposed noise/activity on surrounding properties and neighborhoods, and whether the public health and safety will be injured or served by the issuance of the permit. The City Administrator may also waive the permit application deadline set forth in subsection (a) above for good cause shown.
(c) The City Administrator may conduct a public hearing to consider a permit application if he or she deems it necessary or appropriate. Notice of the hearing must be sent to the permit applicant at least three (3) days in advance thereof by either telephone, facsimile, electronic mail, regular mail or such other method as will likely and timely reach the applicant. Notice to the public of the hearing shall be timely posted at the place or location annually designated by the City Council under Section 24-6-402(2)(c), C.R.S., as amended.
(d) The City Administrator may prescribe such permit conditions or requirements as he or she may deem necessary to minimize the adverse impacts the proposed noise/activity may have upon the community or surrounding neighborhood, including, but not limited to, the hours of operation, maximum decibels, the type of any sound amplification equipment and the type of sound that may be amplified. A permit granted by the City Administrator under this Article shall contain all conditions upon which the permit has been granted and shall specify the locations and times that the permit shall be effective.
(e) An applicant dissatisfied with a decision of the City Administrator may seek an appeal of the same to the City Council by submitting a written notice of appeal to the City Clerk within five (5) days from the date of the decision sought to be appealed.
10-9-90. Inspections.
(a) For the purpose of determining compliance with the provisions of this Article, the Chief of Police or other designated City representative shall be authorized to make inspections of all noise sources and to take measurements and tests whenever necessary to determine the volume and character of noise. If any person refuses or restricts entry and free access to any part of a premise, or refuses to allow the inspection, testing or noise measurement of any activity, device, facility or motor vehicle where inspection is sought, the City official seeking such access and/or testing may petition the Municipal Court for a warrant for inspection requiring that such person permit entry and free access to the subject premises without interference, restriction or obstruction at a reasonable time for the purpose of inspecting, testing or measuring noise. The Municipal Court shall have power, jurisdiction and authority to enforce all orders issued under the provisions of this Article.
(b) It is unlawful for any person to refuse to allow or permit City officials charged with
enforcing this Article free access to any premises when such official is acting in compliance with a warrant or court order issued by the Municipal Court.
(c) It is unlawful for any person to violate the provisions of any warrant or court order
requiring inspection, testing or measurement of noise or noise sources. (d) No person shall hinder, obstruct, delay, resist, prevent in any way, interfere or attempt to
interfere with any City official performing his or her duties under this Article.
10-9-100. Penalties.
Violations of this Article shall be punishable in accordance with the provisions of Chapter 1, Article IV of this Code. Additionally, violations of this Article are hereby deemed and declared to be public nuisances and may be abated by injunction or such other remedy as provided by law or equity.
ARTICLE X
Miscellaneous Offenses 10-10-10. Fireworks.
It is unlawful for any person to offer for sale, expose for sale, sell, lend, give away, set fire to, discharge, use, explode or have in his or her possession with intent to offer for sale or use or to explode, any fireworks within the City. Commercial fireworks displays meeting the regulations of the adopted fire code are permitted. As used in this Section, fireworks means any article, device or substance prepared for the primary purpose of producing a visual or auditory sensation by combustion, explosion, deflagration or detonation, including without limitation, the following articles and devices commonly known and used as fireworks: toy cannons or toy canes in which explosives are used; blank cartridges; the type of balloon which requires fire underneath to propel the same; firecrackers, torpedoes, sky rockets, rockets, Roman candles, Day-Glo bombs or torches; or other fireworks of light construction and any fireworks containing any explosive or flammable compound or any tablet or other device containing any explosive substance. Fireworks does not mean toy paper caps which do not contain more than twenty-five hundredths (.25) of a gram of explosive compound per cap; sparklers, trick matches, cigarette loads, trick noisemakers, toy smoke devices or novelty auto alarms; or highway flares, railway fuses, ship distress signals, smoke candles and other emergency signal devices. 10-10-20. Posting handbills, posters and placards.
Any bill, poster, placard or advertisement of any description upon any public or private house, store or other building or tenement, or upon any fence, sidewalk power pole, telephone pole or other structure without permission from the owner or occupant thereof shall be deemed a nuisance and may be abated as provided in this Chapter. 10-10-30. Water on public ways. It is unlawful for any person owning or controlling any hydrant, a line of hose therefrom, or any sprinkling or spraying device to permit water to flow or be thrown therefrom onto any sidewalk, street or alley.
ARTICLE XI Smoking in Public Places
10-11-10. Legislative declaration. The City of Salida hereby finds and determines that it is in the best interest of the people of this City to protect nonsmokers from involuntary exposure to environmental tobacco and marijuana smoke in City parks and trails and buildings owned by the City. The City further finds and determines that a balance should be struck between the health concerns of non-consumers of tobacco and marijuana products and the need to minimize unwarranted governmental intrusion into, and regulation of, private spheres of conduct and choice with respect to the use or nonuse of tobacco and marijuana products in certain designated public areas. Therefore, the City hereby declares that the purpose of this Article is to preserve and improve the health, comfort and environment of the people of this City by limiting exposure to tobacco and marijuana smoke.
10-11-20. Definitions
As used in this Article, the following words and phrases are defined as follows: Marijuana shall have the same meaning as set forth in Section 6-3-10 of the Salida Municipal Code. Public Area means City parks and City trails and any building owned or operated by the City except the Steam Plant. Smoking means the burning of a lighted cigarette, cigar, pipe, or any other matter or substance that contains tobacco or marijuana. Tobacco means cigarettes, cigars, cheroots, stogies, and periques; granulated, plug cut, crimp cut, ready rubbed, and other smoking tobacco; snuff and snuff flour; cavendish; plug and twist tobacco; fine-cut and other chewing tobacco; shorts, refuse scraps, clippings, cuttings, and sweepings of tobacco; and other kinds and forms of tobacco, prepared in such manner as to be suitable for chewing or for smoking in a cigarette, pipe, or otherwise, or both for chewing and smoking. Tobacco also includes cloves and any other plant matter or product that is packaged for smoking. 10-11-30. General Smoking Restrictions. Smoking shall be prohibited in Public Areas as defined in Section 10-11-20.
10-11-40. Optional Prohibitions.
The owner or manager of any business may post signs prohibiting smoking or providing smoking and nonsmoking areas. Such posting shall have the effect of including such place, or the designated nonsmoking portion thereof, in the places where smoking is prohibited or restricted pursuant to this Article. 10-11-50. Unlawful Acts – penalty – disposition of fines and surcharges. (a) It is unlawful for a person to smoke in an area where smoking is prohibited pursuant to this Article. (b) A person who violates this Section, upon conviction thereof, shall be punished by a fine only pursuant to Section 1-4-20 of the Salida Municipal Code.
CHAPTER 11
Streets, Sidewalks and Public Property
Article I General Provisions Sec. 11-1-10 Definitions Sec. 11-1-20 Maintenance of streets and parkways Sec. 11-1-30 Obstructing public ways
Article II Sidewalks and Curbcuts Sec. 11-2-10 Removal of snow and ice
Article III Construction and Excavations Sec. 11-3-10 Construction standards Sec. 11-3-20 Excavation permit required Sec. 11-3-30 Permit fee Sec. 11-3-40 Issuance of permits Sec. 11-3-50 Permit conditions Sec. 11-3-60 Barricades and signage Sec. 11-3-70 Interference with safety devices Sec. 11-3-80 Cuts; disposal of excess material Sec. 11-3-90 Backfilling, compaction and materials Sec. 11-3-100 Responsibility for repair Sec. 11-3-110 Pavement or surfacing replacement Sec. 11-3-120 Backfilling under paved or hard-surfaced streets Sec. 11-3-130 Obstruction of excavations prohibited Sec. 11-3-140 Liability Sec. 11-3-150 Furnishing of information Sec. 11-3-160 Violations and remedies
Article IV Encroachments Sec. 11-4-10 Uses prohibited without encroachment permit Sec. 11-4-20 Encroachment permit required Sec. 11-4-30 Mandatory insurance Sec. 11-4-40 Indemnification Sec. 11-4-50 Ramps in downtown area Article V Trees Sec. 11-5-10 Trees regulation generally Sec. 11-5-20 Trees and limbs in public right-of-way Sec. 11-5-30 Tree care responsibilities Sec. 11-5-40 Interference with City or Tree Board Sec. 11-5-50 Violation Article VI Parks and Recreation Sec. 11-6-10 Private use of City parks Sec. 11-6-20 Camping overnight Sec. 11-6-30 Marvin Park Sec. 11-6-40 Salida Hot Springs Aquatic Center Sec. 11-6-50 Skateboard Park Sec. 11-6-60 City parks closed during nighttime hours Sec. 11-6-70 Prohibited acts and conditions Article VII SteamPlant Event Center and Scout Hut Sec. 11-7-10 General Provisions Sec. 11-7-20 Rules and regulations Sec. 11-7-30 Scout Hut
CHAPTER 11 STREETS, SIDEWALKS AND PUBLIC PROPERTY
Article I
General Provisions 11-1-10. Definitions. The following definitions shall apply to this Chapter:
Camp overnight means to sleep overnight, or to make preparations to sleep overnight, either within a shelter or without shelter.
Meeting means any prearranged or organized gathering of more than fifteen (15) people and includes audiences, rallies or participants in a sporting event. Park means and refers to any park, playground, recreation facility, or any other open space area owned, leased, or under the control of the City, whether located within or without the corporate boundary limits of the city, which is devoted to recreation and leisure-time use by the public Park trees means trees, shrubs, bushes and all other woody vegetation in City parks and all other areas owned by the City, or to which the public has free access as a park. Parkway means that portion of the public right-of-way between the normal line of curb face and private property on either side of the street, or between the portion of the right-of-way used for vehicular traffic if there is no gutter and private property on either side of the street. Performance means any theatrical production, musical presentation or other event designed to attract an audience. Private trees means trees, shrubs, bushes and all other woody vegetation within the City. Salida Hot Springs Aquatic Center refers to the Salida Hot Springs Aquatic Center complex in Centennial Park, and includes Salida Hot Springs Aquatic Center and everything located within the swimming pool building, including but not limited to foyers, pools, soaking pools, hallways, decks, locker rooms, stores and offices, and includes sunbathing decks and other open air spaces which are only accessible to the general public from the swimming pool building.
Specifications means the public works construction standards for public ways, rights-of way, streets, and alleys in the City entitled City of Salida Construction Standards and Specifications, adopted by the City Council, as may be amended from time to time. Street means that portion of the public right-of-way extending from the normal line of curb face on one (1) side to the normal line of curb face on the other side or which is used for vehicular traffic. Street trees means trees, shrubs, bushes and all other woody vegetation on parkways adjacent to public streets or alleys
11-1-20. Maintenance of streets and parkways.
(a) Maintenance of streets. The street area of public rights-of-way shall be designated by the Public Works Director. Curbs and gutters shall also be maintained by the City.
(b) Maintenance of parkways. (1) Maintaining parkways in a presentable and safe condition is the responsibility of each property owner whose property fronts on that particular public right-of-way, commonly designated as a street. Each property owner is responsible for so much of the parkway as is directly adjacent to his or her property. (2) Installation of any improvements in the parkway including landscaping, concrete, rocks, pavers, or other material is subject to approval by the Public Works Director. (3) After a sidewalk is constructed within a parkway, it shall be maintained in a safe and usable condition by the respective property owners whose properties front along the parkway; each property owner being responsible for so much of the sidewalk as is directly adjacent to his or her property.
(c) Procedure upon failure to maintain parkway. In the event that any property owner who is
responsible for maintaining any sidewalk, curb or parkway fails to maintain the same in a safe and usable condition, to cut weeds, to remove foliage or improvements obstructing the public way, or to remove improvements or plants in the parkway when directed to do so by the Public Works Director, the Public Works Director may use the following procedure:
(1) The Public Works Director or the City Clerk shall send a notice to the owner of the property fronting along the parkway, which notice shall describe the action which must be taken to correct the condition along the parkway or street; shall notify the property owner that, if the action is not taken within fifteen (15) days, the City will take that action and will bill the property owner, and that said bill, if unpaid, shall become a tax against his or her property. The notice shall be sent certified mail, return receipt requested. In the event that the notice cannot be delivered by the post office or its delivery is refused, the notice may be published once a week, three (3) times, in a newspaper in general circulation in the City. The notice shall be deemed delivered on the date shown on the return receipt or five (5) days after the last day it is published. (2) If the conditions specified in the notice are not corrected within fifteen (15) days after the notice is received, the Public Works Director shall proceed to correct the condition as specified in the notice at City expense, and shall prepare and bill the property owner. If the property owner does not pay the bill within thirty (30) days after it is received, the amount of that bill shall be certified by the City Clerk to the County Treasurer as taxes due but unpaid against the property.
(d) Repair and maintenance. (1) The owner, occupant, lessee or person in possession or control of any premises or property shall maintain the sidewalks adjoining such premises or property in good repair and in a safe, unobstructed condition, free of snow, weeds and debris. (2) In the event a sidewalk or section of an existing sidewalk is damaged, or in the event an adjoining property owner desires to remove and replace any existing sidewalk, the adjoining property owner shall obtain a permit from the Public Works Director for the repair, removal and/or replacement of said sidewalk.
11-1-30. Obstructing public ways.
(a) Improvements and regulation:
(1) Any improvements or plants in a parkway shall be subject to removal at the direction of the Public Works Director. (2) If the Public Works Director determines that improvements or plants in a parkway should be removed, he or she shall notify the owner of the property directly adjacent to the property. The notice shall direct the removal of the improvements or plants within fifteen (15) days. (3) If the notified property owner fails to remove the plants or improvements within the time allowed, the Public Works Director may either:
i. Remove the plants or improvements at the expense of the City, in which case the City shall not be liable to any person for damaging the plants or improvements; or ii. Follow the procedures set forth in Subsection 11-1-20(d) above.
(4) Removal by City, disclaimer of liability.
i. If improvements or plants of any nature or type are placed in a parkway without the approval of the Public Works Director or in such a way as to obstruct public passage along the parkway, the City may remove the same at its own expense and shall not be liable to any person for damaging those improvements or plants. ii. If foliage in or over a parkway obstructs the public passage along the parkway, public passage along a street, or the views at an intersection, the City may remove or trim the same and the City shall not be liable to any person for damage to such foliage.
(b) Rubbish, merchandise and signs on sidewalks. (1) Any person who places rubbish, boxes, signs, or anything upon the public sidewalks of the City, or permits any such objects or things to remain on the sidewalks in front of his or her lot or place of business shall be punished in accordance with the provisions of Section 1-4-20 of this Code. (2) Retail merchants may display their own wares on the public sidewalks along the frontage of the building which they occupy, but said wares shall extend no more than twenty-four (24) inches from the front wall of such building. The foregoing shall not be construed so as to prevent newspaper vending machines from being placed upon the public sidewalks, so long as said vending machines do not obstruct the public use of such sidewalks.
ARTICLE II Sidewalks and Curbcuts
11-2-10. Removal of snow and ice.
(a) The tenant or occupant or, if unoccupied, the owner or agent, of real property within the corporate limits of the City, as now existing or hereafter established, from or along which sidewalks are or shall be constructed, shall, within eight (8) hours, in all residential zone districts, and within four (4)
hours, in all other zone districts, (from 8:00 p.m. to 6:00 a.m. of each day excepted) after any fall of snow, cause the same, and any ice which may have formed, to be removed from the sidewalk fronting or along such property into the gutters and street, but not into the center of the street so as to interfere with the passage of vehicles and so as not to obstruct any street crossing (Ord. 2012-05).
(b) The tenant or occupant or, if unoccupied, the owner or agent, of real property within the
corporate limits of the City, as now existing or hereafter established, with frontage on U.S. Highway 50, shall, within four (4) hours (from 8:00 p.m. to 6:00 a.m. of each day excepted) after any fall of snow, cause the same, and any ice which may have formed, to be removed from the Highway 50 frontage in a sufficient width to accommodate pedestrian traffic, but not into the center of the street so as to interfere with the passage of vehicles and so as not to obstruct any street crossing.
(c) Any person failing to comply with any of the provisions of this Section shall, upon
conviction thereof, be subject to the imposition of a penalty assessment in an amount to be established by resolution of City Council, and amended from time to time, for each offense.
ARTICLE III Construction and Excavations
11-3-10. Construction standards.
(a) All public ways, rights-of way, streets, and alleys in the City, whether now in use or created hereafter by public dedication or prescriptive use, are public property and shall be constructed in accordance with the City’s approved Specifications.
(b) The Specifications shall also apply to replacement of existing structures such as
sidewalks, driveways, and curb and gutter as well as excavation work. If specific guidelines are not listed in the Specifications, the current edition Colorado Department of Transportation Standard Specifications for Road and Bridge Construction shall apply. Such designs shall be subject to review and approval by the Public Works Director prior to actual construction.
11-3-20. Excavation permit required.
(a) It shall be unlawful for any person to dig up, open or excavate, or cause to be dug up, opened or excavated, any street, alley, sidewalk or other public place within the incorporated limits of the City without first having secured a permit therefor from the Public Works Director.
(b) The Public Works Director is authorized to develop forms and procedures for granting
permits allowing persons to dig up, open, or excavate public rights-of-way owned by the City. At a minimum, the applicant shall give an accurate description of his or her lot and describe the size of the sidewalk or other public right-of-way area subject to the permit, the character of the material to be used in construction thereof, a sketch or plan showing the exact location, depth, extent, nature and purpose of the excavation desired to be made, the purpose for which the privilege is requested, and the duration of time required for the work, including the date when construction will commence.
(c) Once issued, the permit required shall be kept at the site of the excavation while the work
is in progress and shall be exhibited upon request to any police officer or other authorized representative of the Public Works Director. 11-3-40. Permit fee.
(a) The City Council shall establish by resolution, as may be amended from time to time, a fee schedule for permits subject to this Chapter. The purpose of these fees shall be to defray the expense of administering the permit system, to ensure that cuts or excavations made in public rights-of-way are repaired by the persons making the cuts or excavation, and to ensure that the requirements of the permit are fulfilled. No permit shall be issued without payment of the appropriate permit fee.
(b) No permit to cut or excavate in any public right-of-way shall be issued unless the
applicant for such permit has first paid to the City the required fee as approved by resolution of the City Council. However, utility companies franchised in the City registered with the Public Utilities Commission shall not be required to pay the excavation fee and may substitute the deposit with a bond, letter of credit or some other method of security approved by the Public Works Director.
11-3-40. Issuance of permits.
The Public Works Director shall grant permits to dig up, open or excavate, or cause to be dug up, opened or excavated, any street, alley, sidewalk or other public place in the City to the following persons:
(1) Any person possessing, by ordinance, resolution or contract of the City Council, general or special power to excavate in, or perform other work as aforesaid in or upon, the streets, alleys, sidewalks or other public places. (2) Any person properly insured under the provisions of this Code filing an application, as provided for, pertaining to excavation work which will comply with the requirements stated herein.
11-3-50. Permit conditions. Permits issued pursuant to this Article shall be subject to the following conditions, among other requirements as the City may deem necessary in the public interest.
(1) Compliance with time limit and method restrictions. All permits issued under this Article shall be issued according to the provisions stated and subject to such rules, directions and limitations as the City prescribes regarding the time required for the work and the manner in which the work is to be performed. (2) Protection of public places. Permits shall be conditioned that all work performed under such permits shall be in accordance with the rules and regulations of the City, which rules shall provide for the proper care and protection of the streets, alleys, sidewalks and other public places of the City and persons and property thereupon. (3) Compliance with specifications. Permits shall be conditioned that all work done under such permits shall be only such work as is allowed by the City and specified in the ordinance, resolution or contract of the City, or in the proper application. (4) All permittees must provide proof of insurance in an amount deemed adequate by the City considering the nature and extent of permitted work.
11-3-60. Barricades and signage.
It shall be unlawful for any person to dig or cause to be dug any hole, drain, ditch or any other excavation in any street, alley, sidewalk or other public place within the City without providing a
sufficient barricade or temporary fence around such hole, drain, ditch or other excavation, in order to prevent persons, animals and vehicles from sustaining injury or damage. The barricade shall be retro-reflective. All excavations in the public right-of-way shall use proper signage according to the current Manual for Uniform Traffic Control Devices standards. 11-3-70. Interference with safety devices.
It shall be unlawful to damage, displace, remove or interfere with any safety device which is lawfully placed around or about any street, alley, sidewalk or other excavation or construction work in the City. 11-3-80. Cuts; disposal of excess material.
Any cut in any pavement or surfacing shall be made in a neat manner, with square edges and corners, and shall be made with a pavement saw twelve (12) inches back from each side of the excavation. All excess material taken from the cut and excavation shall be trucked away and disposed of by the holder of the permit at the time the cut and excavation are made. 11-3-90. Backfilling, compaction and materials.
Upon completion of the work, each excavator shall backfill excavations as required herein. Backfill, compaction and materials of any excavation made in any paved street or alley right-of-way shall conform to the conditions set out in the Specifications.
11-3-100. Responsibility for repair.
In the event of settlement or subsidence of a particular excavation or part of an excavation, the permittee who had performed the excavation work shall be responsible for all repaving and repair costs occasioned by such settlement or subsidence, as outlined within Specifications.
11-3-110. Pavement or surfacing replacement.
(a) After an excavation in a street, alley or sidewalk, pavement and surfacing shall be replaced by the contractor in accordance with specifications provided within the Specifications.
(b) If within the time specified in this Article the work is not completed, the City will cause the work to be done and bill the contractor responsible. 11-3-120. Backfilling under paved or hard-surfaced streets.
Excavators in paved or hard-surfaced streets shall take care to separate surfacing material from the soil removed from such excavation. All excavated material shall be removed and Class 6 road base material installed as backfill. 11-3-130. Obstruction of excavations prohibited.
It shall be unlawful to hinder or obstruct any paving operations or excavations conducted in conformance with the provisions of this Article.
11-3-140. Liability.
Any person who undertakes work pursuant to a permit issued under the provisions of this Article or performs work under contract with the City or by permission obtained from the City Council in accordance with provisions adopted by the City Council shall be answerable for any damage occasioned to persons, animals or property by reason of carelessness or negligence connected with such work.
11-3-150. Furnishing of information.
It shall be the duty of every person, on request, to furnish the Public Works Director with information regarding the location in any street, alley, sidewalk or other public place of the City of any pipe or other structure installed, maintained or utilized by such person.
11-3-160. Violations and remedies.
(a) Any person who digs up, opens or excavates, or causes to be dug up, opened or excavated any public right-of-way owned by the City without a permit from the Public Works Director misdemeanor shall be guilty of a misdemeanor, and upon conviction thereof shall be subject to the provisions of Chapter 1, Article IV of this Code.
(b) Any person who violates, disobeys, omits, neglects, refuses to comply with or resists any
of the provisions of this Article shall be guilty of a misdemeanor, and upon conviction thereof shall be subject to the provisions of Chapter 1, Article IV of this Code.
(c) In addition to the remedies described in subsections (a) and (b), the City shall be entitled
to pursue any other civil or criminal remedy available at law to enforce the provisions of this Chapter.
ARTICLE IV Encroachments
11-4-10. Uses prohibited without encroachment permit.
(a) No person shall conduct any activity or enterprise that involves placement of a cart, unrolled blank booth, sign, table, structural improvement associated with landscaping, stage or other structure or equipment in the public right-of-way without a valid encroachment permit issued under this Article, unless specifically permitted and provided for in this Code.
(b) No person shall install or construct any structure, awning, sign, balcony, occupied colonnade or stoop over or upon the public right-of-way without a valid encroachment permit issued under this Article.
(c) Landscaping within the public right-of-way shall not be a violation of this Article; provided, however, that no vested right to continue such landscaping shall arise and said landscaping shall comply with other requirements and provisions of this Code.
(d) The penalty for failing to comply with this Article shall be as set forth in Chapter 1, Article IV of this Code.
11-4-20. Encroachment permit required.
(a) Any person who wishes to encroach over or upon the public right-of-way shall apply for and obtain an encroachment permit from the City Administrator according to the application process established by the City Administrator. Encroachment permits shall be revocable and may be subject to a
term as determined by the City Administrator to ensure that the encroachment remains appropriate for its setting and compliant with the terms of the permit. Encroachment permits shall provide, and it shall be agreed by the person requesting the permit, that any such improvements which either exist upon or are placed upon City property shall be placed there at the sufferance of the City and shall be removed by the property owner responsible for the improvements upon receipt of a written notice from the City to remove the improvements in the time frame set forth in the notice. All encroachments shall comply with all building codes as applicable, and permits shall contain such restrictions as the City Administrator deems appropriate. All encroachment permits shall be kept on the premises.
(b) The City Administrator may establish review guidelines and application submittal requirements and may also impose conditions on any permit to ensure that permitted encroachments comply with this Code and enhance the proposed location.
(c) The City Administrator shall impose a reasonable fee for an application for an
encroachment permit to cover the City's costs associated with processing and monitoring such permit, including, which fee may be amended from time to time. In addition, the applicant shall be responsible for the payment of any and all consultant fees associated with processing the permit.
(d) Once an application is deemed complete, the City Administrator shall render a decision
on the permit application within fifteen (15) business days unless the City Administrator, at his or her discretion, refers the application to the City Council; in which case, the application shall be placed on the next available agenda.
(e) Whenever any permittee desires to change the use or location of the encroachment
authorized by the permit, the permittee shall follow the review and approval process required of a new applicant.
11-4-30. Mandatory insurance.
(a) All permittees shall provide proof of adequate insurance to the City Administrator before a permit may be issued and shall maintain during the period of the permit comprehensive general public liability and property damage insurance naming the City, its officers, employees and agents as insureds in an amount equal to the limits under the Colorado Governmental Immunity Act, Section 24-10-101, et seq., C.R.S., as amended, plus the costs of defense, provided that the insurance is primary insurance and that no other insurance maintained by the City will be called upon to contribute to loss covered by the policy and providing for thirty (30) days' notice of cancellation or material change to the City.
(b) The City Administrator may waive the mandatory insurance requirement for
encroachments of a minor nature or short duration of time.
(c) The City Administrator has discretion to increase insurance limits for major encroachments.
11-4-40. Indemnification.
The holder of an encroachment permit issued under this Article shall indemnify and hold harmless the City, its officers, employees and agents against any and all claims arising from any occurrence occasioned by the permitted use.
11-4-50. Ramps in downtown area.
(a) Encroachment permits under this Article for the installation of an access ramp may be issued according to the encroachment permit procedure established herein upon the following public ways within the City of Salida: Sackett Avenue, First Street, Second Street, Third Street and Fourth Street from "I" Street to "D" Street; Fourth Street from "H" Street to "D" Street; "E" Street, "F" Street and "G" Street from Fourth Street to the northerly most extension of said streets; "H" Street from Fourth Street to Third Street; and "I" Street from Second Street to Sackett Avenue.
(b) Within the area above described and under the terms and conditions as set forth in this Article, the City Administrator is authorized to issue the owner of any building housing a place of public accommodation, as defined in Section 24-34-601, C.R.S., a permit to install and maintain an access ramp upon the public way. All permits so issued will be cancelable by the City upon sixty (60) days' notice.
(c) Installation. The permit to install an access ramp will be for an area upon the public way no larger than the following: forty four (44) inches from the frontage of the property into the public way and the frontage of the property along the public way. Any access ramp constructed pursuant to a permit issued under this Section shall comply with the International Building Code as adopted at Chapter 18 of this Code.
(d) Issuance of ramp encroachment permit. (1) An encroachment permit for an access ramp may be issued by the City Administrator as established herein if the requirements of this Section are met and the applicant demonstrates that the issuance of the permit will not unduly impede the course of vehicular and/or pedestrian traffic on the public way and that there is no practicable way to install an access ramp to the place of public accommodation by installing the ramp upon the property owned by the building owner. (2) In determining whether the issuance of the permit and construction of the ramp will unduly impede traffic, the City Administrator shall take into account the following: the width of the parkway as defined in this Article; the width of the paved area of the parkway (commonly called the sidewalk); other obstructions on the public way in the immediate vicinity of the ramp; and the amount of vehicular and pedestrian traffic. The City Administrator shall not issue a permit if he or she determines that issuance of the permit would require pedestrian traffic to move onto the street or onto unpaved areas of the parkway.
ARTICLE V
Trees
11-5-10. Tree regulations generally. (a) Sizes. The following tree size classifications shall apply in the City: Small trees Up to 25' projected height at maturity Medium trees 25 40' projected height at maturity Large trees Over 40' projected height at maturity (b) Species. Prohibited nuisance tree species on private and public property are described at Chapter 7, Article IV of this Code.
(c) Spacing. The spacing of trees will be in accordance with the tree species size classes, and no trees may be planted closer together than the following:
Small trees 20' Medium trees 30' Large trees 40' (d) Distance from curbs, sidewalks, and corners. The distance that trees may be planted from curbs or curb lines and sidewalks will be in accordance with the three (3) size classes, and no trees may be planted closer to any curb or sidewalk than the following: Small trees 2' Medium trees 3' Large trees 4' No tree shall be planted within the clear sight triangle as defined in Chapter 16 of this Code. No tree shall be planted closer than ten (10) feet from any fireplug. (e) Distance from utilities. No trees other than those species described as small trees may be planted under or within ten (10) lateral feet of any overhead utility wire, or over or within five (5) lateral feet of any underground water or wastewater line, transmission line, or other utility. 11-5-20. Trees and limbs in public right-of-way.
(a) The owner of any tree overhanging any street or right-of-way within the City shall trim the branches so that such branches shall not obstruct the light from any street lamp or obstruct the view of any street intersection or traffic signs, and so that there shall be a clear space of ten (10) feet above the surface of the street or right-of-way. Said owner shall remove all dead, diseased or dangerous trees or broken or decayed limbs which constitute a menace to the safety of the public.
(b) Any licensed tree service wanting to prune, treat or remove a City tree and any City resident wanting to prune, treat or remove a City tree adjacent to his or her property must first obtain a free permit from the Department of Public Works and is required to adhere to the Tree Pruning and Tree Removal Specifications. 11-5-30. Tree care responsibilities.
(a) Responsibility of City. (1) The City has the primary responsibility to plan, trim, spray, preserve, remove and replace park and street trees as may be necessary to ensure safety or to preserve the symmetry and beauty of such public grounds. (2) The City may remove or cause or order to be removed any tree or part thereof which constitutes a hazard to life and property, is injurious to sewers, electric power lines, gas lines, water lines or other public improvements, or harbors insects or disease which constitute a potential threat to other trees within the City. If removal of a private tree is to be ordered, the City shall notify the owner of such trees in writing. Treatment or removal shall be completed at the expense of the owner within fifteen (15) days after the date of service of the notice. If the owner fails to complete treatment or removal as ordered, the City may treat or remove such trees and charge the cost of treatment or removal to the owner.
(3) The City Council shall have the right to review the conduct, acts and decisions of the Tree Board. Any person may appeal any decision of the Tree Board to the City Council, which may hear the matter and make a final decision.
(b) Responsibility of landowners. (1) Landowners are responsible for minor maintenance of street trees adjacent to their lots. This includes, but is not limited to, watering, fertilizing and mulching. (2) Landowners may trim, treat, remove or replace street trees adjacent to their lots, provided that they first obtain a free permit from the City.
11-5-40. Interference with City or Tree Board.
It shall be unlawful for any person to prevent, delay or interfere with the City, or any of its agents or servants, while engaging in and about the planting, cultivating, mulching, pruning, spraying or removing of any street, park, or private tree as authorized in this Chapter.
11-5-50. Violation.
Any person who violates, disobeys, omits, neglects, refuses to comply with or resists any of the provisions of this Article shall be guilty of a misdemeanor, and upon conviction thereof shall be subject to the provisions of Chapter 1, Article IV of this Code. It shall be unlawful to damage or otherwise destroy any park or street tree. Upon conviction or plea of guilty, the individual will be charged the costs of repairing or replacement of said tree.
ARTICLE VI Parks and Recreation Areas
11-6-10. Private use of City parks.
(a) Approval required. No private person shall promote, conduct or organize any meeting or performance within a City park without the prior approval of the City. No such person or organization shall participate in any performance within a City park without the prior approval of the City Council.
(b) City policy, guidelines for granting use. It is the intent of the City Council that permission to use parks shall be granted to private persons without regard to race, creed or purpose of the private person desiring to use the park. Nevertheless the City Council realizes that it must exercise some discretion in permitting persons to use City parks, and enacts the following guidelines to help determine whether permission should be granted to a private person to use a City park, or a portion thereof, for a meeting or performance:
(1) Whether the private person has used City parks for meetings or performances in the past; and whether such person has complied with this Article and other ordinances of the City in the past; and whether such person has caused litter or police problems. (2) A scheduling system for the use of the parks during the time in question, the City Council wishing not to create conflicting uses of the same park or to have the parks excessively used for performances or meetings.
(3) The purpose of the meeting or nature of the performance; provided that no meeting or performance shall be prohibited on the basis of its political or religious content or purpose.
(c) Conditions of use. The City may grant private persons permission to use City parks, or
portions thereof, for meetings or performances upon the following terms and conditions as subject to the following limitations:
(1) Each permission given shall be limited to four (4) consecutive days. (2) Each permission given shall specify which area of which park shall be used and during what time the area will be used. (3) Unless the use of amplified sound after 10:00 pm is specifically permitted, amplified sound after such hour is prohibited. (4) The City Council may impose a fee for the use of any park and shall adopt a fee schedule by resolution. (d) Bond requirement. The City Council may impose the requirement upon a person that a
bond be posted prior to the use of the park, such bond to be in an amount sufficient to cover costs of cleanup and/or possible damage to the park caused by the performance or meeting.
(e) Prohibited acts. (1) Damage to park property. No private person using a City park for a meeting or performance shall damage or deface the foliage, furniture or improvements within the park in any way, shape or form. (2) Interfering with private activities. No private person shall in any way interfere with, obstruct or interrupt any performance or meeting within a City park for which the City Council has given permission. (3) The consumption of alcoholic beverages, as defined in Section 10-7-10 of this Code is prohibited unless a special exception is obtained pursuant to Section 10-7-40 of this Code. (f) Tiered review. The City Administrator shall review and act on applications for City park
events unless the scope of the proposed event includes street closures, alcohol use, multiple days, or any other factors which in the City Administrator’s sole discretion indicate a higher level of impact to the park facility requiring review and approval by the City Council. 11-6-20. Camping overnight.
(a) Prohibited generally. No person shall camp overnight within or upon any City park without prior permission of the City Council. Any person found sleeping within a City park between 10:00 p.m. and sunrise shall be presumed to be camping within the City park contrary to this Article.
(b) Permission to camp. By resolution, the City Council may grant an individual or group of individuals permission to camp within a City park. The resolution shall specify the group, park and days during which the camping is allowed. In any prosecution for a violation of this Section, the burden shall be on the defendant to demonstrate that he or she had permission by resolution of the City Council.
11-6-30. Marvin Park.
(a) As used herein, the term Marvin Park shall mean all of that City park located between the Arkansas River and Highway 291 (First Street) within the City, which is commonly known as Marvin Park.
(b) Persons desiring to use Marvin Park for organized events shall make application for use to the City Administrator in such form as the City Administrator may require.
(c) The City Administrator shall grant permission for the use of Marvin Park only to persons who meet the following requirements:
(1) The person must have and demonstrate liability insurance, protecting all participants in the activity for which the park is to be used and all spectators from bodily injury or property damage, in an amount to be determined by resolution of the City Council. (2) The person must pay a user fee for use of the park in an amount to be determined by resolution of the City Council.
(e) In the event that the use of Marvin Park is for an athletic event or performance which
draws an audience, the persons promoting or participating in the athletic event or performance shall be deemed the users of the park and shall be required to obtain permission. The audience, whether invited or drawn by nature of the athletic event or performance, shall not be deemed users of the park and shall not be required to obtain permission to be in Marvin Park.
11-6-40. Salida Hot Springs Aquatic Center.
(a) With respect to minor persons who are in the Salida Hot Springs Aquatic Center without their parents or legal guardians, the City Administrator shall exercise such authority with respect to discipline over said minor persons as a parent may lawfully exercise over his or her children.
(b) The City Administrator may promulgate such rules and regulations relating to the behavior of persons within the Salida Hot Springs Aquatic Center as he or she deems necessary and proper to ensure the safety and well-being of persons within the pool and to ensure the well-being and maintenance of pool facilities.
(c) All persons using the Salida Hot Springs Aquatic Center shall obey all directions given by the City Administrator and particularly shall strictly adhere to the directions given by lifeguards at the pool.
(d) In the event the City Administrator determines that any person has consistently or willfully disobeyed the instructions given by lifeguards or swimming pool personnel, the City Administrator may prohibit said person from using the Salida Hot Springs Aquatic Center for a certain time. Such prohibition shall be delivered to the person orally and if the person is a minor, the prohibition will be placed in writing and delivered to the minor's parent or legal guardian if the same can be ascertained using reasonable diligence. Any person so prohibited from using the Salida Hot Springs Aquatic Center may appeal the decision of the City Administrator to the City Council by filing a request for a hearing and notice of appeal with the City Clerk within ten (10) days after notification of the prohibition. In the case where notice of the prohibition is mailed, the prohibition shall be deemed delivered upon being placed in the United States mail with sufficient postage prepaid, first class mail. After the filing of a notice of appeal, the matter will come before the City Council for a determination at
the next regular meeting of the City Council or at such time thereafter as the City Council may continue the same.
(e) Liquor possession or consumption at swimming pool and penalty. It is unlawful for any
person to have in his or her possession, or to consume, any alcohol beverage or other intoxicant within the Salida Hot Springs Aquatic Center, or for any person to be within the Salida Hot Springs Aquatic Center who is impaired by alcohol or other drugs, or a combination thereof, as defined in Section 42-4-1301, C.R.S., as amended. The minimum penalty imposed upon any person convicted of a violation hereof shall be twenty-five ($25.00) dollars, and the maximum penalty shall be the maximum penalty as set forth in Chapter 1, Article IV of this Code.
(f) It is unlawful for any person to possess any glass container within the Salida Hot Springs
Aquatic Center, or to transport any glass container into the Salida Hot Springs Aquatic Center. This subparagraph shall not apply to City employees who have glass containers in their possession within the Salida Hot Springs Aquatic Center used in the performance of their duties as employees.
11-6-50. Skateboard Park.
(a) The provisions of this Section relate to the Salida Skateboard Park, which is located on the former right-of-way of the Denver and Rio Grande Western Railroad, Monarch Branch, between the Monarch Spur Trail, 1st Street, Sackett Street and "G" Street, and which consists of the Southerly one-half (½) of the portion of the former right-of-way above described.
(b) The prohibitions against the use of skating devices contained in Section 8-2-40 of this Code shall not apply to the Salida Skating Park.
(c) The use of the Salida Skating Park is a privilege and not a right. Persons who abuse that privilege by violating the regulations set forth in this Section may have their privilege of using the Salida Skating Park suspended.
(d) No person shall perform any of the following actions upon or within the Salida Skating Park:
(1) Be upon the premises of the same between the time of sixty (60) minutes after sunset and thirty (30) minutes before sunrise unless such person is performing maintenance upon the same at the direction and with the authorization of the City. (2) Use the same for skating purposes without proper helmets, knee and elbow pads, and shoes. (3) Use the same for skating purposes when the person's skating equipment and protective gear are not in good working order. (4) Bring any food or beverages onto the skating surfaces of the same. (5) Use or install upon the same any make-shift items or modifications of a temporary or permanent nature. This prohibition shall not apply to modifications made by the City. (6) Be in the skating bowl at the same time another person is using the same for skating purposes.
(e) Persons use the Salida Skating Park at their own risk. The Public Works Department shall post a sign at the Salida Skating Park advising persons that they use the same at their own risk and listing the prohibitions in subsection (d) above. 11-6-60. City parks closed during nighttime hours.
(a) The provisions of this Section apply to all City parks within the City, except for the following facilities under the following circumstances: the Salida Hot Springs Aquatic Center during the times it is open to the public by the pool administration and those portions of Marvin Park being used for an athletic event which has been regularly scheduled and approved by the City.
(b) It is unlawful for any person to be within any City park, except Marvin Park and Centennial Park, between the hours of 10:00 p.m. and 6:00 a.m., except City employees who are acting in the course of their regular duties and employment. The hours of closure for Centennial Park and Marvin Park shall be between 11:00 p.m. and 6:00 a.m.
(c) The Public Works Director shall post signs in all parks in conspicuous places advising that the parks are closed to all persons between the hours designated in subsection (b) above.
(d) For the purposes of this Section, the boundary of a park shall be deemed to extend to the edge of any adjoining road or street and shall be deemed to extend to the bank (at low-water mark) of the Arkansas River where the park adjoins the Arkansas River. This Section shall not apply to the Salida Trail, which runs along the abandoned railroad right-of-way (Denver & Rio Grande Western Railroad, Monarch Branch); and nothing contained in this Section shall prohibit persons from traveling along paved sidewalks within parks, provided that said persons are traveling and not loitering.
(e) Any person who commits an unlawful act as defined in this Section, upon conviction thereof by the Municipal Court, shall be punished as set forth in Chapter 1, Article IV of this Code.
11-6-70. Prohibited acts and conditions.
(a) Dogs in park. (1) It is unlawful for any person who owns, harbors or keeps a dog to permit that dog to enter any City park, except areas specifically identified as "dogs permitted" or by motion of the City Council for special events. (2) The Public Works Director shall post all City parks with clear, legible signs reading "No Dogs Allowed," which signs shall be posted in such a manner as to give all persons entering the parks notice that dogs are not permitted therein. (b) Glass containers. It is unlawful for any person to possess any glass container within any
City park or to transport any glass container into a City park. (c) Any person who violates, disobeys, omits, neglects, refuses to comply with or resists any
of the provisions of this Article shall be guilty of a misdemeanor, and upon conviction thereof shall be subject to the provisions of Chapter 1, Article IV of this Code.
ARTICLE VII SteamPlant Event Center and Scout Hut
11-7-10. General provisions.
The City is the owner of the SteamPlant Event Center. The rules and regulations for parks and recreation areas set forth in Article VI of this Chapter shall not apply to SteamPlant. Events held at the SteamPlant are exempt from amplified sound requirements of Chapter 10, Article IX of this Code.
11-7-20. Rules and regulations.
(a) The City Administrator may promulgate such rules and regulations relating to the behavior of persons within the SteamPlant Event Center as he or she deems necessary and proper to ensure the safety and well-being of persons within the facility and to ensure the well-being and maintenance of the SteamPlant Event Center.
(b) All persons using the SteamPlant Event Center shall obey all directions given by the City
Administrator and particularly shall strictly adhere to the directions given by SteamPlant Event Center staff.
(c) All persons using the SteamPlant Event Center shall adhere to the guidelines provided for
in the SteamPlant User Agreement adopted by the City Council, as may be amended. (d) All alcoholic beverage services are provided through the SteamPlant Event Center. Any
person consuming alcoholic beverages must be 21 years or older. The SteamPlant Event Center reserves the right to suspend alcohol privileges of the SteamPlant Event Center users at any time for any reason. Should illegal presence or consumption of alcoholic beverages occur on the SteamPlant Event Center premises by a user or guests, the full amount of the damage deposit will be forfeited to the SteamPlant Event Center for violation of state and local liquor laws. All sales and service of alcohol are provided by the SteamPlant Event Center under its liquor license.
(e) The City reserves the right to eject or cause to be ejected from the SteamPlant Event
Center any objectionable person or persons, and neither the City nor any of its officers, agents, or employees shall be liable for any damages that may be sustained through the exercise by the City of such right. 11-7-30. Scout Hut.
The City is the owner of the Scout Hut, which facility is under the management of the SteamPlant Event Center staff. The City Administrator may promulgate such rules and regulations relating to the behavior of persons using the Scout Hut as he or she deems necessary and proper to ensure the safety and well-being of persons within the facility and to ensure the well-being and maintenance of the Scout Hut. To the extent applicable, the provisions of Section 11-7-20 shall also apply to use of the Scout Hut.
CHAPTER 13
Municipal Utilities
Article I Water and Wastewater Enterprise Sec. 13-1-10 Definitions Sec. 13-1-20 Establishment of water and wastewater enterprise Sec. 13-1-30 Establishment of water and wastewater board Sec. 13-1-40 Appointment of director responsibilities Sec. 13-1-50 Water and wastewater board – duties and powers Sec. 13-1-60 Water and wastewater enterprise debt issuance Sec. 13-1-70 Water and wastewater fund established
Article II Water and Wastewater Regulations Sec. 13-2-10 Definitions Sec. 13-2-20 Wastewater Service Plan Area Sec. 13-2-30 Application for service within the Service Plan Areas Sec. 13-2-40 Application for service outside the Service Plan Areas Sec. 13-2-50 Existing private wastewater lines and systems Sec. 13-2-60 Existing domestic wells Sec. 13-2-70 Credits for water rights Sec. 13-2-80 Service exclusive to user’s premises Sec. 13-2-90 Location, installation and maintenance of meters Sec. 13-2-100 Interference with water meter prohibited Sec. 13-2-110 Interference with water and wastewater service prohibited Sec. 13-2-120 Prohibited wastes Sec. 13-2-130 Duty to maintain and repair service lines and report damage to City Sec. 13-2-140 Water and wastewater main extension Sec. 13-2-150 Cost of water and wastewater main extension Sec. 13-2-160 Credits for water and wastewater service extension Sec. 13-2-170 Credit for oversized mains Sec. 13-2-180 Water and wastewater permits and fees Sec. 13-2-190 Tap abandonment and tap transfers Sec. 13-2-200 Refunds Sec. 13-2-210 Discontinuance of water or wastewater service Sec. 13-2-220 Resolution of existing credits Sec. 13-2-230 Change of use Sec. 13-2-240 Water conservation Sec. 13-2-250 Right of entry Sec. 13-2-260 Discontinuation of service Sec. 13-2-270 Responsibilities – wastewater – damages – clean-up Sec. 13-2-280 Request for design waiver Sec. 13-2-290 Violations Sec. 13-2-300 Appeals
Article III Water and Wastewater Fees, Rates and Charges Sec. 13-3-10 Customer classes/definitions Sec. 13-3-20 Application for new service Sec. 13-3-30 Water and wastewater rates and charges - generally Sec. 13-3-40 Temporary disconnection Sec. 13-3-50 Payment of water and wastewater charges Sec. 13-3-60 Water charges and service line leaks or breaks Sec. 13-3-70 Termination of service for non-payment Sec. 13-3-80 Reinstatement of service after termination for non-payment Sec. 13-3-90 Billing - appeals Sec. 13-3-100 Owner responsibility – lien upon property served Sec. 13-3-110 Unauthorized use
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Typewritten Text
Article IV Cross-Connection Control Sec. 13-4-10 Legislative intent Sec. 13-4-20 Separate water connections required Sec. 13-4-30 Procedure upon discovery of cross-connected water lines Sec. 13-4-40 Backflow prevention assemblies Sec. 13-4-50 Change of use of property served by sewer
Article V Watershed Protection Sec. 13-5-10 Purpose Sec. 13-5-20 Definitions Sec. 13-5-30 Jurisdiction Sec. 13-5-40 Map Sec. 13-5-50 Interpretation and construction Sec. 13-5-60 Regulated activities Sec. 13-5-70 Activities which require no permit Sec. 13-5-80 Permit application Sec. 13-5-90 Permit fee Sec. 13-5-100 Permit duration Sec. 13-5-110 Permit suspension or revocation; temporary suspension Sec. 13-5-120 Permit transfer Sec. 13-5-130 Permit review; burden; issuance or denial Sec. 13-5-140 Permit terms and conditions Sec. 13-5-150 Performance bond Sec. 13-5-160 Containment facilities; reporting requirements Sec. 13-5-170 Site inspections Sec. 13-5-180 Hearings by the City Council on applications Sec. 13-5-190 Hearings Sec. 13-5-200 Compliance order Sec. 13-5-210 Legal action
CHAPTER 13 MUNICIPAL UTILITIES
Article I. Water and Wastewater Enterprise
13-1-10. Definitions. For the purposes of this Chapter unless the context requires otherwise: Enterprise means a City-owned water activity business or combination of City-owned water activity businesses authorized to issue its own revenue bonds and which receives less than 10% of its annual revenues in grants from all state and local governments combined; provided, however, that the City’s water and wastewater enterprise shall continue to operate as a water and wastewater enterprise regardless of its statutory status in any given year. Grant means money or cash contributed to an enterprise by the State of Colorado or any Colorado local government which is not required to be repaid. "Grant" does not include public funds paid to an enterprise in consideration for the provision of any goods, services, facilities, rights or interests by the enterprise to the State of Colorado or any Colorado local government, nor does it include money repaid to an enterprise in consideration for any loan made by the enterprise to the State of Colorado or any Colorado local government. "Grant" does not include money derived by an enterprise from the federal government, whether or not the State of Colorado or any Colorado local government acts as a conduit for such money. The provisions of Section 37-45.1-102 (2), C.R.S., also apply to the definition of "grant.” 13-1-20. Establishment of water and wastewater enterprise. There is hereby established a water and wastewater enterprise of the City of Salida (formerly known as the City of Salida Water Activity Fund) authorized to implement the provisions of this title and perform all other functions or duties as authorized by law. Such enterprise shall be wholly owned by the City and operated in accordance with all applicable laws. 13-1-30. Establishment of water and wastewater board. The City Council shall serve as the governing body of the water and wastewater enterprise. The mayor shall serve as chair and the mayor pro-tem shall serve as vice-chair of the board. The City Clerk shall serve as secretary of the board. 13-1-40. Appointment of director and responsibilities. The City Administrator shall serve as the enterprise's director and be responsible for the operation and maintenance of such enterprise under the direction of the enterprise board and as set forth in this title. The Administrator may designate any person to assist with such duties. 13-1-50. Water and wastewater board - duties and powers. The enterprise board's powers and duties shall include, but not be limited to: (1) Recommendation of rates, fees and charges for enterprise services, which rates, fees and
charges shall be established by resolution of City Council. (2) Issuance and payment of debt service requirements and financial obligations.
(3) Acquisition, development and protection of water supplies decreed, adjudicated or
contracted for the City. (4) Preparation of an annual budget and development of long range plans for water and
wastewater improvements. (5) Contract with individuals or firms for professional services to include but not be limited
to construction, engineering, legal or financial. (6) Exercise all other powers and duties authorized by applicable law. 13-1-60. Water and wastewater enterprise debt issuance. (a) The water and wastewater enterprise shall have the authority to issue bonds, notes or incur other financial obligations payable from the revenues derived or to be derived from the functions, services, benefits or facilities of the water and wastewater enterprise or from any available funds of the enterprise. Such bonds or other obligations shall be authorized by ordinance or resolution of the enterprise adopted in the same manner as ordinances and resolutions of the City. (b) The terms, conditions, and details of said bonds, or other financial obligations, and the procedures related thereto shall be in the ordinance or resolution authorizing said bonds or other obligations and shall, as nearly as may be practicable, be consistent with those provided in Part 4 of Article 35 of Title 31, Colorado Revised Statutes, relating to water and sewer revenue bonds; except that the purposes for which the same may be issued shall not be so limited as said statutes provide, and except that said bonds, or other obligations, may be sold at public or private sale. Each bond, or other obligation issued under this subsection shall recite in substance that said bond, or other obligation, including the interest thereon, is payable from the revenues of the enterprise and other available funds of the enterprise pledged for the payment thereof. Notwithstanding any other provision of law to the contrary, such bonds, or other obligations may be issued to mature at such times not beyond forty (40) years from their respective issue dates, shall bear interest at such rates, and shall be sold at, above, or below the principal amount thereof, all as shall be determined by the enterprise. Notwithstanding anything in this section to the contrary, in the case of short-term notes or other obligations maturing not later than one year after the date of issuance thereof, the enterprise may fix principal amounts, maturity dates, interest rates and purchase prices of any particular issue of such short-term notes or obligations, subject to such limitations as to maximum term, maximum principal amount outstanding, and maximum net effective interest rates as the board shall prescribe by ordinance or resolution. Refunding bonds of the enterprise shall be issued as provided in Part 1 of Article 56 of Title 11, Colorado Revised Statutes, as amended. The powers provided in this section to issue bonds or other obligations are in addition and supplemental to, and not in substitution for, the powers conferred by any other law. The powers provided in this section shall not modify, limit or affect the powers conferred by any other law either directly or indirectly. Bonds, notes or other obligations may be issued pursuant to this section without regard to the provisions of any other law. (c) Any pledge of revenue or other funds of the enterprise shall be subject to any limitation on future pledges thereof contained in any ordinance or resolution of the enterprise or of the City authorizing the issuance of any outstanding bonds or other obligations of the enterprise or the City payable from the same source or sources. Bonds or other obligations issued separately by the City and the enterprise but secured by the same revenues or other funds shall be treated as having the same obligor and as being payable in whole or in part from the same source or sources.
13-1-70. Water and wastewater fund established. (a) All revenues from all charges, fees, rates and other sources shall be deposited into a water and wastewater fund which shall be segregated from any other City funds. All funds received shall be used only for the operation, maintenance, debt service, replacement, and additions of the water and wastewater system and any other expenditure permitted by law. (b) The water and wastewater enterprise may pledge all or any portion of the funds, including revenues anticipated to be collected, to the payment of principal, interest, premium, if any, and reserves for revenue bonds or any other obligations lawfully issued or otherwise contracted for by the enterprise for the payment or other financing of costs of the water and wastewater system, or for the purpose of refunding any obligations issued or otherwise contracted for such purposes. (c) The water and wastewater enterprise may invest such funds as permitted by law. The enterprise may also establish reserve funds to finance the capital costs of replacement of water and wastewater equipment and facilities or the acquisition of water rights.
ARTICLE II. Water and Wastewater Regulations 13-2-10. Definitions. For the purpose of this Chapter the following words and terms have the following meanings, unless the context clearly indicates otherwise. Definitions included in Chapter 16 of this Code shall apply to this Chapter unless they are otherwise expressly defined herein. Approved means accepted by the City Administrator as meeting the applicable specifications set forth in this Chapter, or as suitable for the proposed use. Cross-connection means any physical connection or arrangement between two otherwise separate water systems, one of which contains potable water from the water system, and the other, water from a private source, water of unknown or questionable safety, or steam, gases or chemicals, whereby there may be a flow from one system to the other, the direction of flow depending on the pressure differential between the two systems. (Ord 2013-13) Customer means the individual or entity who requests that the city provide water and/or wastewater services to a specified property. Each "customer" must have at least one water meter associated with a property to which water and wastewater services are provided. Distribution System means that network of water mains, its equipment, valves and other appurtenances excluding the water service line, which supplies treated water to the system users. Hazardous connections means any potential or actual cross-connection that poses a pollution or health hazard as defined in the Colorado Cross-Connection Control Manual to the City’s potable water distribution system. Municipal Planning Area means the area outside the City boundaries designated for future coordinated planning by the City and Chaffee County as more particularly defined in the Amended Intergovernmental Agreement Between the City of Salida and the Chaffee County, Colorado dated March 2, 2010, as may be amended. Municipal Wastewater System or Wastewater System means that network of wastewater collection
pipelines owned by the City, including wastewater mains, lines, laterals, and other wastewater pipes and appurtenances, lift stations, meter stations and all other parts of the sanitary system except the wastewater service line. Oversize main means any water main having a diameter greater than twelve-inches, except for a main needed to supply an area with fire protection. Service line means: (1) for one inch (1”) or less water service lines, all lines from two inches (2”) beyond the water meter yolk, (2) for larger than one inch (1”) lines, all lines from the water main whether before or after the meter; and (3) for wastewater lines, all lines from the wastewater main to the customer. Primary lot means any lot which has water service and from which a water service line connects directly to a water meter and a main. (Ord 2013-13) Private line means any line either water or wastewater which has not been accepted by the City for which maintenance is the responsibility of the property owner and/or users of the property. Secondary lot means any lot which has water service through a water service line that connects to the water service line on another lot, does not have a separate water meter and does not connect directly to a main. (Ord 2013-13) Specifications means the water and wastewater construction standards as adopted by City Council and as may be amended from time to time. System development fee means all the fees required of a new water or wastewater service customer as a result of connecting to the system. Tap means the right, physical process or act of connecting a service line to the City's water main and/or wastewater main. Wastewater means water which carries solid wastes, liquid and/or water wastes from residences, commercial buildings, industrial facilities, improvements, buildings and institutions together with ground, storm and surface waters not intentionally admitted. Wastewater main means that portion of the wastewater system owned by the City that collects and transmits water of the City from users to wastewater treatment facilities, excluding service lines. Wastewater services means the provision of services wherein water, wastewater and/or effluent is deposited into the City's sanitary wastewater system for treatment. Wastewater Service Plan Area means the area designated on the City of Salida Wastewater Service Plan Area Map, as may be amended, served by City wastewater. Water main means that portion of the water supply system owned by the City that transmits and distributes water of the City from treatment or storage facilities to users, excluding service lines. Water Service Plan Area means the area designated on the City of Salida Water Service Plan Area Map, as may be amended, served by City water. Water Services means the delivery of treated water to customers through the City’s water treatment and distribution system
13-2-20. Wastewater Service Plan Area. The City currently operates as a regional wastewater provider with service to residents within its Wastewater Service Plan Area, which area includes, but is not limited to, both the City and the Town of Poncha Springs and may be amended. Acting through its water and wastewater enterprise, the City assumes full responsibility for and ownership of the provision of wastewater services within the Wastewater Service Plan Area, including responsibility for the Town of Poncha Springs’s wastewater facilities and related equipment and property rights. Salida is empowered to operate, maintain, and expand its wastewater system to accommodate and not inhibit planned growth and development within Poncha Springs’s planning and zoning jurisdiction in accordance with the terms and conditions of the Intergovernmental Agreement for Provision of Sewer Services dated April 6, 2010 and the Intergovernmental Agreement for Transfer of Sewer Services, dated April 6, 2010, both of which Agreements remain in full force and effect. With the exception of any necessary special assessments for infrastructure benefitting Poncha Springs facilities, all customers within the current and future corporate boundaries of the Wastewater Service Plan Area shall be subject to the uniform application of Salida ordinances and regulations, as may be amended, that are general in nature and applicable to all property receiving wastewater service from the City, including, but not limited to, regulations concerning assessments and fees. With the exception of the special assessments, any and all assessments, taxes, fees or impact fees whatsoever and however designated now or in the future shall have the exact same affect on all future wastewater customers in the Wastewater Service Plan Area, as may be amended.. 13-2-30. Application for service within the Service Plan Areas. Applications for water and wastewater service shall be made to the City Administrator. The City Administrator shall review the application in coordination with the Public Works Department and designate any improvement(s) required prior to provision of service. The applicant shall be responsible for all improvements which shall comply with the Specifications, which are hereby incorporated herein and made part of this code by this reference. Copies of the Specifications are available during regular business hours at the Public Works Department and may be purchased for a reasonable fee as determined by the City Administrator. 13-2-40. Application for service outside the Service Plan Areas. Applications for water and wastewater service outside of the Service Plan Areas shall be made to the City Administrator. Such applications shall contain information including, but not limited to, a map and description of the area proposed to be served, description of the proposed development and the water and wastewater improvements for same, and anticipated water and wastewater demand. The City Administrator shall review the application and make a recommendation to the City Council. If the City Council approves an application, the applicant must, prior to receiving service, pay in full the required fees in an amount two times greater than that assessed users within the Service Plan Areas and shall enter into a pre-annexation agreement with the City, if the subject property is within the City’s Municipal Planning Area. It shall be the sole discretion of the City Council to approve an application for water and/or wastewater service outside the Service Plan Areas and the terms and conditions of such service. 13-2-50. Existing private wastewater lines and systems. (a) Existing private wastewater lines shall be permitted to remain connected to the City wastewater system; provided, however, that the owners and users of such lines shall be solely responsible for operation and maintenance of the lines. The City shall have no responsibility for maintaining private wastewater lines. The owners and users of such private lines shall be responsible for any damage to the
City wastewater system caused by their failure. (b) No person shall maintain within the Wastewater Service Plan Area any privy, privy vault, septic tank, cesspool or other facility intended for use for the disposal of sewage; provided, however, that any private wastewater system and/or septic system currently in existence shall be allowed to remain a private system maintained by the owners and/or users of the private system until such time as the system fails. The private wastewater system or septic service shall be abandoned in accordance with the standards and recommendations of the Chaffee County Public Health Department, which regulates septic systems. (c) Upon the occurrence of one of the following events, all properties in the Wastewater Service Plan Area within four hundred (400) feet of an established wastewater line or situated on a block abutting an established wastewater line shall be required to make a legal connection to the City’s wastewater system, in accordance with the Specifications, and pay the applicable fees, charges, and costs for new service then in effect: (1) The failure of an existing private wastewater line or system, defined as an event requiring
major changes, improvements or replacements to the line or system; (2) Expansion of existing structures served by private wastewater lines or systems that
increase the square footage by one hundred percent (100%) or more; or (3) The construction or installation of other structures on the property. 13-2-60. Existing domestic wells. (a) Any property within the Water Service Plan Area which is supplied with potable water using an adequate, safe, and adjudicated existing well may continue to use such well to provide potable water. (b) Upon the occurrence of one of the following events, all properties in the Water Service Plan Area within four hundred (400) feet of an established water line or situated on a block abutting an established water line shall be required to connect to the City’s water system, in accordance with the Specifications, and pay the applicable fees, charges, and costs for new service then in effect: (1) The failure of an existing well, i.e., the well cannot provide adequate and safe water, or
requires redrilling; or (2) Expansion of existing structures served by private well that increase the square footage
by one hundred percent (100%) or more; or (3) The construction or installation of additional structures on the property served by a
private well. 13-2-70. Credits for water rights. The City may, at its sole discretion, provide credit in an amount and form determined by City Council, to any person who conveys water rights to the City. Such credit shall be based upon the City's valuation of the water rights and shall not exceed the system development fee for the project.
13-2-80. Service exclusive to user’s premises. No person receiving water from the distribution system or service of the municipal wastewater system shall permit or provide water or wastewater service to any other property separate or apart from such user's premises. 13-2-90. Location, installation and maintenance of meters. (a) All water meters shall be installed by the City in a location in conformance with the City's Specifications. The property owner shall provide meter yoke or shut off, meter pit, meter lid, corporation stop and meter fittings. Meters are the property of the City and will be supplied by the City and paid for by the property owner. The City shall maintain, test and repair all meters as required. The City shall, upon request and to the extent it deems reasonable, test water meters when a user has a reasonable basis therefore, that such meter is inaccurate or not functioning properly. The Public Works Director or his or her designee shall have the right to enter upon any property for the purpose of maintaining, testing, and repairing all meters accordingly. (b) The property owner or occupant of the property on which the meter is located shall maintain such property free of obstructions and vegetation which does or may interfere with the City's reading or service of such meter. (c) Upon prior written approval of the City Administrator, individual unit meters and billings may be used through a master meter for each building within a multiple dwelling unit complex, mobile home park, or similar multiple improvements development, or multiple occupancy, commercial or industrial building or facility. 13-2-100. Interference with water meter prohibited. It shall be unlawful for any person to tamper or interfere with any meter or meter seal or so arrange water service or piping so that the use of water will not activate the meter. 13-2-110. Interference with water and wastewater service prohibited. (a) It shall be unlawful for any person to tap any water or wastewater main, make any connection therewith or interfere, in any manner with water or wastewater service, its property, equipment, mains, valves or other appurtenances or to alter the position or flow of such services, mains, valves or appurtenances, unless authorized in writing by the City Administrator. (b) Any unusual demands to be placed on the water or wastewater system by a customer shall require notification of the City Administrator including but not limited to the emptying of swimming pools into the wastewater system. 13-2-120. Prohibited wastes. (a) No person shall discharge or cause to be discharged any of the following described water or wastes into any public sewer: (1) Any liquid or vapor having a temperature higher than one hundred fifty (150) degrees
Fahrenheit; (2) Any water or waste having a five-day biological oxygen demand (BOD) which may
contain more than one thousand (1,000) parts per million by weight as averaged during any
twelve-hour period; (3) Any gasoline, benzene, naphtha, fuel oil or other flammable or explosive liquid, solid or
gas; (4) Any garbage that has not been properly shredded; (5) Any water or waste having a pH lower than five and one-half (5½) or higher than nine
(9), or having any other corrosive property capable of causing damage or hazard to structures, equipment or personnel of the sewage works;
(6) Any water or waste containing a toxic or poisonous substance in sufficient quantities to
injure or interfere with sewage process, constitute a hazard to humans or animals, create a public nuisance or create any hazard in the receiving waters requirement, particularly National Permit Discharge Elimination Standards (NPDES) effluent limit of the wastewater treatment plant;
(7) Any waters or wastes containing suspended solids of such character or quantity that
unusual attention or expense is required to handle such materials at the sewage treatment plant; (8) Any noxious or malodorous gas or substance capable of creating a public nuisance; (9) Any waste and refuse from septic tanks or cesspools; (10) Water from roof drains, sump pumps, foundation drains, roof leaders, air conditioner
drains and similar clear water connections; (11) Any waste will cause the Publicly Owned Treatment Works (POTW) to violate any
NPDES; (12) Any violation of the federal Clean Water Act will be cause for legal action against the
wood, animal manure, grit, brick, cement, rocks, carbide or any other solid or viscous substance capable of obstructing the flow of the sewers or other interference with the proper operation of the sewage works;
(14) Any radioactive waste or isotopes of such half-life or concentration as may exceed limits
established by the City in compliance with applicable state or federal regulations; (15) Any water or wastes which, by interaction with other water or wastes in the public sewer
system, release obnoxious gases, form suspended solids which interfere with the collection system, or create any condition deleterious to structure and processes; and
(16) Water or wastes containing substances which are not amenable to treatment or reduction
by the wastewater treatment processes employed by the City, or amenable to treatment only to such degree that the wastewater treatment plant effluent cannot meet the requirements of other agencies having jurisdiction over discharge of the receiving waters for the City's treatment facilities.
(b) It is unlawful for any person to introduce prohibited wastes as defined by this Chapter
into the City wastewater system. For purposes of this Section, if a prohibited waste is being discharged from a property or premises into the sewer system, the occupant or tenant thereof shall be presumed to be the person who introduced said prohibited waste into the City wastewater system. (c) Persons introducing prohibited wastes into the City wastewater system may avoid prosecution by the City pursuant to Subsection (b) above, by incorporating pretreatment techniques approved by the City Administrator prior to conviction under such prosecution. 13-2-130. Duty to maintain and repair service lines and report damage to City. (a) The owner of any property connected to the water distribution system or wastewater system shall maintain, in good condition, at owner's expense, the service lines and all its appurtenances so as to prevent leaks, freezing, the waste of water or permit the inflow or infiltration of water into the wastewater, or interfere in any manner with the operations of said systems. (b) Any person who, in any manner, causes to be damaged or injured, any water or wastewater service lines or mains within the City shall, within twenty-four (24) hours after said damage has occurred, report said damages to the City, giving the following details: (1) The name and address of the person committing the damage; (2) The name and address of the person on whose property the damage has occurred; (3) The location of the damage; and (4) The time at which the damage occurred. The Public Works Director or his or her designee shall examine the damage and, if the damaged water and/or wastewater service lines or mains belong to the City shall order the repairs to be completed and send a bill to the person causing the damage for the amount of money reasonably required to repair said damage. (c) The City Administrator shall direct the owner of the property to repair, at owner's cost, any leak, break or malfunction in the service line or its appurtenances. The City shall, if it deems necessary, shut off water to such property during any repair. If the owner fails to repair the service line or its appurtenances as directed by the City, the City Administrator shall cause such work to be done and charge the cost thereof to the owner. The expense incurred by the City for the repair, plus an additional ten percent for administrative expenses, shall be assessed and collected as set forth in Section 13-3-100 of this Code. (d) If an owner fails to pay any charge required by subsections (b and (c), the City Administrator may, in addition to any other remedies, certify to the City Clerk the legal description of the property upon which the work was done together with the name of the owner as last shown by the tax rolls of the county, together with a statement of the work performed, the date of the performance and the cost. 13-2-140. Water and wastewater main extension. Any developer seeking to extend water or wastewater mains must, prior to construction, submit plans and specifications for such improvements to the City Administrator, which shall be in compliance with all applicable codes and the Specifications, along with inspection fees related to such main
extensions, in the amount set by City Council resolution, as may be amended from time to time. All water and wastewater system improvements shall be warranted (in a form acceptable to the City and in compliance with applicable codes and requirements) by the developer or subdivider after the date of acceptance by the City as more particularly described in Chapter 16 of this Code. 13-2-150. Cost of water and wastewater main extension. The developer or subdivider extending water and wastewater mains shall be responsible for all costs of such improvements. Such costs include, by example only and not limitation, materials, engineering, surveying, acquisition of easements, legal fees, construction, inspection and testing. The City Administrator shall direct the Public Works Director or the City Engineer to conduct all required inspections and testings at the expense of the developer or subdivider. 13-2-160. Credits for water and wastewater service extension. The City, at its sole discretion, may credit developers or subdividers who have, at their cost, constructed water and wastewater mains. Such credit, if granted, shall be in the form of an agreement approved by City Council and may, by way of illustration, consist of rebates through the imposition of surcharges on system development fees for those utilizing and/or benefited by the construction of the water and wastewater systems. 13-2-170. Credit for oversized mains. The City Council may, upon recommendation of the City Administrator, enter into agreements to compensate a developer or subdivider who installs oversized mains to provide additional capacity for future growth or use. Such compensation may be in the form of monetary payments or rebates through the imposition of surcharges upon system development fees for those utilizing and/or benefited by the oversized mains. 13-2-180. Water and wastewater permits and fees. No building permit shall be issued until all applicable water and wastewater permit requirements and fees as required by Article III of this Chapter have been satisfied as determined by the City Administrator. 13-2-190. Tap abandonment and tap transfers. (a) A tap shall be conclusively deemed abandoned if water and/or wastewater service is not constructed and established within one year of payment of the system development fee. For purposes of this section, establishment of water and/or wastewater service may be satisfied by the issuance of a valid building permit for the structure intended to make use of the tap, provided such building permit does not subsequently expire or become void. (b) Taps are appurtenant to the property served and are non-transferable except upon approval by City Council 13-2-200. Refunds. Within ninety (90) days of the abandonment of a water and/or wastewater tap purchased after June 1, 2011, the owner of the property for which a tap has been issued may request, and the City shall refund 97% of the system development fee initially paid for the tap if the following conditions have been
met: (1) no building permit has been issued for the structure originally contemplated to be served by the tap, or if such a building permit has been issued, the building permit has expired or has been voided by the Building Official, and such is acknowledged in writing by the owner; (2) the owner, beneficiary of all deeds of trust on the property, and all persons with a financial interest of record in the property from which the tap refund is being requested, execute and record an affidavit in a form acceptable to the City Attorney in the records of the Chaffee County Clerk and Recorder affirming that the refund has been made and no further financial interest in the abandoned tap exists; and (3) the tap has not been transferred to any other property as may be permitted by this Title, or otherwise. No refunds shall be issued for prepaid system development fees purchased pursuant to an annexation or development agreement. 13-2-210. Discontinuance of water or wastewater service. Any property owner who desires to disconnect a water or wastewater service line must give written notice to the City. Discontinuance of service at any location within the City water/wastewater operation shall be done pursuant to authority of the City Administrator, who will authorize the disconnection of the service line at the main. A water or wastewater service line which is not disconnected at the main as provided for in this Section shall continue to be the responsibility of the property owner whose property was served. The Public Works Department will perform any service line disconnection; provided, however, that at the discretion of the City Administrator the customer may perform the disconnection. The property owner will be required to pay for the costs incurred by the Public Works Department to disconnect the service line. 13-2-220. Resolution of existing credits. All remaining EQR credits shall be based upon the equation that one EQR is equivalent to one 3/4 inch tap. Such credits shall not exceed the current system development fees for each building or improvement. 13-2-230. Change of use. (a) If a property changes in: (1) classification (i.e., residential to commercial or vice versa); (2) number of residential and/or accessory units; (3) size of water or wastewater service line; or (4) type of commercial use involving change of assigned EQR value, the customer is required to notify the City within thirty (30) days of the change of use so the account may be updated. The customer shall be responsible for the payment of additional any system development fees within thirty (30) days of issuance of the bill by the City. In cases where a building permit is required, no building permit shall be issued prior to payment of the required fees. New service charges will be assigned based on the current use of the property to be effective with the date of the change of use. (b) Failure to timely report a change of use can subject the property to penalties up to and including double the fees and usage charges for the new usage during the time the change was not reported. When a change of use that has not been reported is identified by the City, a notice will be issued of the change in rates to the property owner, and new rates will be billed for the current billing period. 13-2-240. Water conservation.
(a) The City Administrator, in consultation with the Water Plant Manager, is authorized to impose whatever mandatory restrictions and regulations limiting lawn and landscape irrigation as necessary to protect the City's treated water system, including but not limited to total curtailment of outdoor irrigation and other external treated water uses. The restrictions imposed by this Section shall
apply equally to the City water customers within the City limits and without the City limits. If any outdoor irrigation restrictions have been imposed, customers with new landscaping, such as new sod or grass seeding, may apply to the City Administrator for the issuance of a permit exempting such customer, in whole or in part, from such restrictions.
(b) The City has adopted a Water Conservation Plan, which Plan is available for review by
the public at City Hall and may be amended by resolution of City Council. The Water Conservation Plan addresses, among other measures, conservation goals, measures and programs.(Ord 2013-13)
(c) In the event of a major fire, flood or any other emergency that requires the immediate
curtailment of the use of water from the distribution system, the City Administrator may make such restrictions as deemed necessary for the protection of the public, in the manner described herein. It shall be unlawful for any person to violate such order. 13-2-250. Right of entry. The City Administrator may, when reasonable cause exists, with or without a warrant issued by a court of competent jurisdiction, including the municipal court, enter upon any property for examination of same to determine whether such is in violation of the requirements, Specifications, or regulations of this Chapter and shall be free from any action or liability on account thereof. Such authority does not permit entry into any structure without consent of a court order or under other circumstances permitted by law. 13-2-260. Discontinuation of service. When, as a result of notification or an inspection by the City Administrator of a condition involving a violation of the requirements, Specifications or regulations of this Chapter resulting in a health or sanitary hazard as determined by the City Administrator, the City Administrator shall immediately discontinue service to the premises until the premises is in conformance with this Chapter. 13-2-270. Responsibilities - wastewater - damages - clean-up. (a) The City shall be responsible only for the repair and maintenance of wastewater main lines. The responsibility for and the expense and cost of maintaining and repairing and replacing any lateral (service) wastewater line from the point where such lateral taps (connects) the main line to the boundary, or any other area of the user's property, and the wastewater line upon or within the user's property shall be the responsibility of the property owner and paid for by the property owner served by any such lateral. Except as required by law, the City shall not be responsible to any person, property owner, firm, entity, business, or corporation for any damages caused by blockage of either a wastewater main or wastewater lateral. The fact that blockage has occurred shall not create any presumption of negligence or responsibility on the part of the City or City employees, agents or representatives. (b) Notwithstanding the foregoing, the City Administrator or his designee may, without admitting, acknowledging, assuming or agreeing to responsibility or liability, authorize and effect the clean-up of any sewage backup which, in his opinion based upon the information available to him at the time of the backup, may have been caused by blockage of the wastewater main. The City will not provide clean-up services for back-ups caused by blockage of the lateral line, nor pay for damages to real or personal property, except if required by law. Under no circumstances shall the arrangement by the City to provide this service constitute an admission of responsibility or liability of any kind, nor shall this service by the City result in such responsibility or liability to the City, except by operation and application of law. (c) The City may perform repair or maintenance of water or wastewater service lines with or
without the request of the person responsible for such lines if the City Administrator considers such work to be necessary to the public health and welfare and/or the general maintenance of the water and/or wastewater systems. The expense incurred by the City for the repair, plus an additional ten percent for administrative expenses, shall be assessed and collected as set forth in Section 13-3-100 of this Code. 13-2-280. Request for design waiver. (a) Any person who believes that application of the Specifications and other applicable design standards for installation of water and/or wastewater facilities would result in undue or unnecessary hardship may request a waiver to deviate from the strict application of such Specifications and applicable design standards. The design waiver application shall include: (i) a plans and specifications for the alternate utility design proposed; (ii) an explanation of the hardship presented by following the Specifications and other applicable design standards; and (iii) engineering detail and narrative concerning the impact of the proposed alternate design to the public health, safety, and welfare. Design waiver applications shall be submitted to the City Administrator who, after consultation with City staff and review of the alternate utility design proposed, shall issue a written decision either granting or denying the design waiver request. Such waiver or modification shall be granted only for good cause shown and must not cause the City violate any federal, state, or local laws. (b) Approval by the City Administrator of designs, plans, or other submittals for a waiver or modification of the Specifications shall not relieve the customer or developer from the obligation to comply with the provisions of this Chapter. 13-2-290. Violations. It is unlawful for any person to violate any of the provisions stated or adopted in this Chapter. Any person violating any of the provisions of this Chapter shall be subject to penalties imposed by the City Administrator, in his or her discretion including: (1) The suspension of water and/or wastewater service to the property, subject to notice and hearing provisions provided by statute and Section of this Chapter; (2) Treatment of the offense as a misdemeanor pursuant to the general penalty provisions set forth at Chapter 1, Article IV of this Code; (3) Collection action for unpaid fees, rates, and charges, as provided in Section 13-3-100 of this Chapter; and (4) Any other available remedy provided by law. 13-2-300. Appeals. A customer or property owner may protest the final decision of the City Administrator made pursuant to this Chapter by filing a written appeal with the City Clerk within thirty (30) days after the issuance of such final decision. The appeal will be heard by the City Council within thirty (30) days of filing such appeal with the City Clerk. Any action or decision of the City Council made in response to an appeal under this Chapter shall be final.
ARTICLE III. Water and Wastewater Fees, Rates and Charges 13-3-10. Customer classes/definitions. (a) For the purpose of establishing rates and charges for water and wastewater services the following classes of customers are hereby established: (1) Residential single-family - Water and/or wastewater services provided to exclusively
residential property upon which one dwelling unit only or a primary dwelling unit with an accessory dwelling unit not available for rental is located;
(2) Residential multi-family-Water and/or wastewater services provided to exclusively residential property upon which the structure or structures served contain more than one living unit, including a primary dwelling unit with an accessory dwelling unit available for rental; (3) Commercial-Water and/or wastewater services provided to property which is neither single family residential, multi-family residential, nor for irrigation only, as those classes are defined herein; (4) Irrigation - Water services only provided to property solely for the purpose of irrigation; and (5) Bulk water – water provided through a hydrant meter or from a bulk water fill station. (b) The City Administrator shall determine the appropriate class to be applied to each customer. (c) Changes in use shall be administered pursuant to Section 13-2-230. 13-3-20. Application for new service. (a) Application to the City for new water and/or wastewater service shall be made by the owner or agent of the property upon forms furnished by the City. Pursuant to 13-2-190, any service shall become null and void and any fees paid thereunder shall be forfeited to the City, unless a building permit has been issued.
(b) Any transfer of ownership interest in a property served by water service must be reported within fifteen (15) days of the transfer. Property transfers facilitated by a local closing company will usually include the application for service transfer. Otherwise, the new owner must make application to transfer water service on forms provided by the City.
(c) The City Council shall adopt by resolution, as may be amended from time to time, water
and wastewater system development fees intended to meet the City’s capital infrastructure and water rights acquisition demands. Each building shall have at least one tap as provided in Section 13-4-20. (d) Where any defined part of the Water and Wastewater Service Plan Areas depends for its potable water or wastewater service on a pumping station, storage tank, or discrete facility owned and maintained by the City, the City Council may establish and charge a system development fee surcharge to fund capital improvements serving that zone. The zone surcharge shall be based on the pro-rata cost to each applicable customer of the facility and its maintenance or other service provided by the City. Zone surcharges shall be designated by resolution of the City Council, as may be amended from time to time.
(e) System development fees for water delivered outside the Water Service Area and wastewater charges for users of the City's wastewater system who deposit wastewater into the system at a location outside of the Wastewater Service Area shall be double the fees as would apply to customers in the Water Service Area and/or Wastewater Service Area. (f) New services charges shall commence at either: 1) Meter installation; 2) Issuance of a Certificate of Occupancy; or 3) One hundred eighty (180) days after payment of system development fees,
whichever occurs first. 13-3-30. Water and wastewater rates and charges – generally. (a) Water charges and wastewater charges shall be calculated and billed on a schedule established by resolution of City Council, as may be amended from time to time. (b) Water charges for all water delivered by the City shall consist of a fixed service charge and a volume charge which is based on the actual quantity of water delivered as prescribed by separate resolution of the City Council, as may be amended from time to time. The service charge shall be billed to each customer regardless of whether any volume charge is made. (c) Wastewater charges for all users of the City's wastewater system shall consist of a fixed service charge and a volume charge, described as follows, which is based upon the quantity of water delivered to the customer, all as prescribed by separate resolution of the City Council, as may be amended from time to time. (1) January through March billings (winter billing) – the volume charge will be based on the
water meter reading for this period. (2) April through December billings (summer billing) – the usage will be based on the
average water usage for the preceding January through March billings. The average will be calculated each year. If a billing period has zero usage, it will not be included in the calculation of the average. (Ord. 2012-07)
(3) For new single family residences established in the summer billing period for which there
is no account history during the preceding winter billing period, the customer shall be charged for actual usage up to, but not to exceed, the current billing period rate for a single family residence that is not a water customer. The customer may elect to be charged on actual usage rather than the flat rate.
(4) For other new accounts established during the summer billing period for which
there is no history during the preceding winter billing period, the customer shall be charged for actual usage up to, but not to exceed, the billing period rate for similar accounts that are charged by EQRs rather than water usage.
(5) When title to a property is transferred, the final bill during the winter will be based on water usage, and during the summer, billing will be based on the average winter billing from the preceding winter billing period and prorated based on the number of billing days covered by the final bill.
(6) The volume charge for commercial customer class shall be determined based on the
actual quantity of water delivered during each billing cycle; (7) There shall be no wastewater charges assessed to any irrigation or bulk water class
customer, provided that such water is separately metered; and (8) A commercial customer may apply to the City Administrator for a credit for wastewater
volume charges for water used to irrigate large vegetated areas. Such credit will be determined based on historical usage patterns and irrigation practices to estimate the volume of water usage requiring wastewater treatment.
(d) Wastewater-only users shall be assessed service fees according to the equivalent residential unit (EQR) schedule adopted by resolution of City Council, as may be amended from time to time. (e) The owner of a property receiving only wastewater service may apply for a reduction of wastewater service charges if the property or an entire floor of the building receiving service has been continually vacant and unused for one (1) year. If the City Administrator is satisfied that the property or floor has been vacant for at least one (1) year, the service charge may be discounted fifty percent (50%) commencing as of the date of the owner's application. The owner of the property shall immediately notify the City upon the property’s re-occupation, at which time wastewater service charges shall again be assessed in full. In the event that the owner fails to notify the City of re-occupation, the property shall be assessed the wastewater service charge for the new use from the date when the property were first granted the discount. (f) Water charges for water delivered outside the Water Service Area and wastewater charges for users of the City's wastewater system who deposit wastewater into the system at a location outside of the Wastewater Service Area shall be double the charges as would apply to customers in the Water Service Area and/or Wastewater Service Area. (g) The City reserves the right to assess special fees and/or service charges by surcharge in an amount determined by the City Council, as may amended from time to time, to uniquely situated properties requiring specific infrastructure improvements or treatment methods. (h) City personnel with appropriate level of certifications are authorized to perform laboratory services and accept outside septage from customers inside or outside of the Service Plan Area and to make by-products from that may be sold to public. Fees for such services shall be established by resolution of City Council, as may be amended from time to time, and shall be paid directly to the City. (i) The City reserves the right to assess additional administrative fees related to water and wastewater service in an amount determined by the City Council, as may amended from time to time. (j) All water and wastewater accounts shall be kept in the name of the owner of the property and not in the name of any tenant, and only the owner or his or her legally authorized agent shall be held responsible for all fees and charges, including penalties. Should the owner desire a tenant to receive the
water bill, the owner will be required to complete an owner's contract instructing the City to send the bill to the tenant, but acknowledging the owner's liability for the charges. It shall be the owner's responsibility to notify the City when the tenant changes or vacates the property. 13-3-40. Temporary disconnection. Upon request of the customer, the City will temporarily disconnect the premises from water services. A fee to be determined by resolution of the City Council, as may be amended from time to time, shall be assessed in conjunction with the temporary disconnection, and an additional fee assessed upon reconnection. The service charge for water services and for wastewater services shall continue to accrue during the period of temporary disconnection. Temporary disconnections provided herein shall not apply to disconnections and subsequent reconnections necessitated by unforeseeable emergencies. 13-3-50. Payment of water and wastewater charges. (a) Water and wastewater charges shall be billed to the customer as soon as practicable. The obligation to pay for water and wastewater charges shall not be affected by the failure of the owner, occupant or customer to receive a statement of services. (b) A delinquent charge to be determined by resolution of the City Council, as may be amended from time to time, shall be assessed if water and/or wastewater charges are not paid in full. (c) Water service is subject to termination when charges for either water services or wastewater services remain delinquent for an extended period of time, as determined by resolution of the City Council, as may be amended from time to time. 13-3-60. Water charges and service line leaks or breaks. (a) Notwithstanding a customer’s obligation to pay for water and wastewater services provided by the City, and a property owner’s duty to maintain and repair the property’s service lines and its appurtenances, a customer may receive a one-time credit in the amount of fifty percent (50%) of the excess usage on the customer’s current water bill where a substantial increase in the usage over its historic use is the result of a leak or break in the property’s service line or its appurtenances. (b) To be eligible for such credit, the customer must: (1) Be the owner or the renter of record of the property upon which the leak or break occurs; (2) Have taken immediate action to repair the leak or break upon its discovery; and (3) Submit an application for a credit to the City Administrator within thirty (30) days of
receipt of the applicable service bill; and (4) Submit documentation verifying appropriate repairs have been completed. (c) Application forms are available at City Hall and such applications shall require, in part that the customer/property owner demonstrate to the City Administrator’s satisfaction that the leak or break was not the result of the property owner’s negligence. (d) Upon receipt of all required information, the City Administrator shall credit the customer’s bill for the difference between the average historic use and the increased use resulting from
the leak or break, in the amount of fifty percent (50%) of the excess usage charged on the customer’s current bill. (e) Nothing contained herein, including any credit received by a customer, shall be deemed by the City as an admission of liability or waiver of any rights, limitations, and protections afforded it by the Colorado Governmental Immunity Act, C.R.S. 24-10-101, et seq., as may be amended or as otherwise provided by law. 13-3-70. Termination of service for non-payment. (a) Written notice of a proposed termination of water service for non-payment of water charges or wastewater charges shall be mailed to the last known address of the customer as shown by the City's records when the account became delinquent. The notice shall advise that water services are subject to termination on the date specified in this Chapter. Such notice shall also be mailed to the owner of the property served at the address as shown by the records of the county assessor. (b) At least twenty-four (24) hours before actual termination and disconnection of water services, a notice of such termination shall be delivered to the occupants of the property served. If the occupants are not present at the property, the notice shall be posted on the property. (c) Prior to the date designated for termination of service, the customer or owner may request a conference with the City Administrator for the purpose of determining whether termination of service is appropriate. If a conference is not timely requested, or if payment of all charges is not received or other arrangements satisfactory to the City Administrator made for payment prior to 5:00 p.m. on the date specified in the notice for termination, water services shall be terminated and such services shall not be reinstated until the cause for termination has been cured. If a conference is timely requested, termination of service shall be deferred until the conclusion of the conference. The determination of the City Administrator shall be final and administrative remedies shall be considered exhausted. (d) In addition to all other charges as set forth in this Chapter, a charge to be determined by resolution of the City Council, as may be amended from time to time, shall be assessed upon termination of water and/or wastewater services. . 13-3-80. Reinstatement of service after termination for non-payment. A customer or property owner who has had services terminated for non-payment of water or wastewater charges may have service reinstated during regular business hours by paying at City Hall all accrued arrearages, including all delinquent and termination charges, and a reinstatement charge to be determined by resolution of the City Council, as may be amended from time to time. 13-3-90. Billing—appeals. (a) The owner of the property receiving a bill or invoice believed to be in error may protest said bill in writing to the City Administrator within thirty (30) days after the receipt thereof. The City Administrator shall respond to the protest in writing. If the property owner is dissatisfied with the disposition of the protest by the City Administrator, the property owner may, within fifteen (15) days after the date of the disposition by the City Administrator, appeal the City Administrator's decision to the City Council by filing a written notice of such appeal with the City Clerk. Thereafter, the appeal will be heard by a hearing officer or committee appointed for such purpose by City Council. (b) Any bill sent by the City which is not protested shall be final; any bill on which the City
Administrator has ruled on a protest shall be final, unless appealed to the City Council; and any decision of the City Council shall be final. 13-3-100. Owner responsibility - lien upon property served. (a) The owner of the premises served shall be responsible to the City for the payment of all water and wastewater fees and charges arising out of the provision of such services to the owner's property. Such liability shall be joint and several with that of the customer and shall not relieve the customer from his/her obligation of payment for services when the customer is different from the owner. (b) All water and wastewater fees and charges prescribed by this Chapter, together with interest, penalty and reasonable costs of collection, including attorney’s fees, shall constitute a perpetual and continuing lien upon the property to which water or wastewater services are provided. The penalty and interest shall be assessed at a rate equivalent to that which is assessed by state law upon delinquent general property taxes. Such lien shall have priority over all other liens except general taxes and shall, upon the City’s certification and filing with Chaffee County, be collected and paid to the City by the County Treasurer in the same manner as delinquent general property taxes. (c) For individually owned properties within multi-family residential structures and/or multi-unit commercial structures to which water is furnished by means other than by metering the consumption of each individually owned unit, the lien for unpaid water and wastewater fees, service charges, interest, and costs imposed by this section attaches upon each unit in an amount computed by dividing the total amount of the lien by the number of units served through the master meter. (d) The City may enforce the lien against the property, or the personal liability of the owner and customer, or both. 13-3-110. Unauthorized use. (a) It is unlawful for any person to connect to, use, or take any water from the City water system without a valid permit and or payment of all required fees and user charges. Unauthorized use shall include, but shall not be limited to, the use or acquisition of water from fire hydrants, illegal connections to the water system, straight-though pipes at the water meter pit, or by breaking the seal or lock on a water meter or bypass line. (b) The unauthorized user shall be responsible for all water used and in determining such amount and cost, which cost shall be based upon the City’s then current rate, the City may use any reasonable method which includes, but is not limited to, previous account history and standards of usage pertaining to the type of unauthorized use.
ARTICLE IV. Cross-Connection Control
13-4-10. Legislative intent. It is the intent of the City Council to protect the City’s potable water distribution system from contamination or pollution by backflow from an owner's internal distribution system or private water system, and to provide for the maintenance of a continuing program of cross-connection control, which will systematically prevent the contamination or pollution of the City’s potable water distribution system.
13-4-20. Separate water connections required.
(a) Purity of supply shall not be impaired by cross-connections.
(1) Every person owning or occupying a premise receiving municipal water supply shall maintain such municipal water supply free from any connection, either of a direct or of an indirect natural, with a water supply from a foreign source, or of any manner of connection with any fixture of appliance, whereby water from a foreign supply or the waste from any fixture, appliance, waste or soil pipe may flow, by siphoned or pumped into the piping of the City water system. (2) No person shall establish or permit to be established, or maintain or permit to be maintained any cross connection. No interconnection shall be established whereby potable water from a private, auxiliary or emergency water supply other than the regular public water supply of the City may enter the supply or distribution system of the City.
(b) Each lot shall be served by a separate water service line and a separate water meter with a separate connection to the water main. A variance from this requirement, based on the configuration of the lot, may be granted by the Public Works Director. (c) When the ownership of any lot is divided, each lot under separate ownership must be served, if at all, by a separate water service line separately tapped to the main. In the event that tracts being so divided are served by a common water service line, the water service line in existence shall serve the lot to which it most immediately runs, and all other lots under separate ownership receiving water from said service line shall, within sixty (60) days of the transfer of title to the real property, obtain their own separate water service lines and pay appropriate fees for new service. (d) A separate water service line and a separate water meter are required for each building located on a lot unless one of the following exceptions applies to the structure:
(1) Accessory dwelling units must be served by the same water service as the primary dwelling unit. (2) For a property with multiple buildings or dwelling units that are required to have separate meters for each building or dwelling unit, the Public Works Director will determine whether separate taps for each meter or a meter bank with one (1) tap into the water main should be made based on the configuration of the lot, buildings and the water main. (Ord 2013-13)
13-4-30. Procedure upon discovery of cross-connected water lines. (a) It is the policy of the City that all lots shall be primary lots. The owner of any lot which is a secondary lot shall, at his or her expense, cause the water service line of said secondary lot to be connected directly to a main, install a meter and meter pit, and pay any required fees. (b) Whenever the City Administrator discovers or learns that any lot is in fact a secondary lot, he or she shall notify the owner thereof to connect the water service line of said secondary lot directly to a main within six (6) months after the date of the notice. The City Administrator will cause the notice to be mailed to the owner of the secondary lot by certified mail, return receipt requested, at the address for the owner which appears in the records of the County Treasurer, or the City Administrator may cause
such notice to be served upon the owner personally. The notice shall contain within it or attached to it a copy of this Section. (c) Any person who receives a notice pursuant to the foregoing Paragraph (b) who fails to connect his or her secondary lot directly to the main within six (6) months after the date of the notice commits a misdemeanor. Each day following the six (6) months from the date of the notice during which the water service line from the secondary lot is not connected directly to a main shall be a separate misdemeanor. Each owner of a secondary lot shall be guilty of such misdemeanor each day the secondary lot remains not connected to a main. (d) If any secondary lot is not connected directly to a main within six (6) months after the owner has received notice to do so, the City Administrator may take whatever steps he or she deems reasonable and appropriate to disconnect such secondary lot from the City's water service. In doing so, he or she may, with the consent of the owner of any primary lot, disconnect said secondary lot water service line from the primary lot water service line to which it is attached. If the owner of any such primary lot fails to allow the City Administrator to disconnect the water service line serving such a secondary lot from the water service line serving such a primary lot, then the City Administrator may disconnect both the secondary lot and the primary lot from water service at the point where the water service line enters the main. (Ord 2013-13) 13-4-40. Backflow prevention assemblies. (a) Building plans. All building plans involving water/wastewater service, plumbing plans for additions or alterations to existing plumbing systems, and/or irrigation system installation shall be reviewed by the City Administrator and must be approved prior to the issuance of a building permit. (1) Submitted plans must show: (i) Water service type, size and location. (ii) Meter size and location. (iii) Backflow prevention assembly size, type and location. (iv) Fire sprinkler systems service line, size and type of backflow prevention assembly. (b) Installation. All approved backflow prevention assemblies used to comply with this Chapter shall be installed: (1) At the owner’s expense; (2) In accordance with the Colorado Cross-Connection Control Manual; and (3) In accordance with Chapter 18 (Building Regulations).
(d) Maintenance. It shall be the sole responsibility of the property owner to ensure the backflow prevention assembly is kept in good working order through ongoing operation, maintenance, repair, and replacement.
ARTICLE V. Watershed Protection 13-5-10. Purpose. The purpose of this Article is to promote the health, welfare and safety of the inhabitants of the City of Salida by maintaining and protecting the City’s watershed and waterworks from damage, harm or injury, and preventing pollution of the City’s water supply, without creating an undue hardship on activities that promote the protection of the City’s watershed and waterworks. 13-5-20. Definitions. As used in this Article, the following terms shall have the following meanings: Best Management Practice means an effective means of preventing or reducing harmful effects of land use activities, and includes recommended methods, structures and practices designed to prevent or reduce pollution of the air, land and/or water from these activities. Best Management Practices may be found in various publications, manuals and documents of the Colorado Department of Public Health and Environment, Colorado Department of Transportation, and other sources that may be acceptable to the City of Salida. Director means the City Administrator or his/her designee or representative. Diversion or divert means removing water from its natural course or location, or controlling water in its natural course or location by means of a ditch, canal, flume, reservoir, bypass, pipeline, conduit, well, pump, or any other structure or device. Exigent circumstances means any situation where there is imminent danger of loss of life, harm by injury or damage to or destruction of property, or any other dangerous or harmful situation regarding the public health, safety and well being. Mining or mineral resource extraction (1) Mineral means an inanimate constituent of the earth in a solid, liquid, or gaseous state which, when extracted from the earth, is useable in its natural form or is capable of conversion into a useable form as a metal, metallic compound, or compound, or chemical, an energy source or a raw material for manufacturing or construction material, but does not include surface or subsurface water. (2) Mining and extraction mean any removal or development of a mineral from its natural
occurrence on affected land or from a water course and includes, but is not limited to, drilling, blasting, scaling, crushing, tunneling, excavating, dredging, panning, or sluicing, and includes any tailings piles, tailing ponds, waste dumps or concentration, milling, evaporation or other on-site processing activities or any buildings, structures or machinery used in such operation. AMining@ and Aextraction@ do not include hand panning or the use of battery powered concentrate wheels or mini-sluices.
Permit means any permit issued pursuant to this Article. Permittee means a person issued a permit. Person means and shall include a firm, company, organization, partnership, entity, agency, corporation,
association, or other organization acting as a group or unit as well as an individual. It shall also include an executor, administrator, trustee, receiver, or other representative appointed according to law. Whenever the word “person” is used in any section of this Chapter prescribing a penalty or fine, as to firms, associations, and other organizations, the word shall include the partners, members, or agents who are responsible for any violation of such section hereof, and as to corporations, shall include the officers, agents, or members thereof who are responsible for any violation of this Chapter. A “person” includes the singular and the plural. Pollutant means dredged spoil, dirt, slurry, solid waste, incinerator residue, sewage, sewage sludge, garbage, trash, chemicals, chemical waste, biological nutrient, biological material, temperature changes, radioactive material, heat, wrecked or discarded equipment, rock, sand, cellar dirt or any industrial, municipal or agricultural waste. Pollution means the people-made, people-induced or natural alteration of the physical, chemical, biological, or radiological integrity of water. Watercourse means any and all rivers, streams, creeks, intermittent washes, gullies, tributaries, reservoirs, lakes, ponds, wetlands or other types of natural or people-made water bodies, including structures or devices to channel water to, or control or retain water within the watercourse, and further includes all groundwater tributary thereto. Waterworks means all components of the City’s water supply system, including but not limited to all equipment, diversion structures, dams, canals, ditches, flumes, pipelines, conduits, reservoirs, drains, wells, pumps, buildings, structures, roads, watercourses and other facilities necessary for the construction, maintenance and operation of the water supply system. Wetland means those areas that are inundated or saturated by surface or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands includes by illustration swamps, marshes, bogs and similar areas. 13-5-30. Jurisdiction. Pursuant to Section 31-15-707(1)(b) C.R.S., the City’s jurisdiction under this Article shall extend over the territory occupied by the City’s waterworks and over the stream or source from which the water is taken for a distance of five (5) miles upstream from and/or above the point(s) at which water is diverted or impounded by the City. 13-5-40. Map. The City shall prepare, maintain, and update a map known as the AWaterworks Permit Map@ designating the area(s) subject to the City’s jurisdiction pursuant to this Chapter. The Waterworks Permit Map is incorporated herein by reference and shall be available for inspection at City Hall. 13-5-50. Interpretation and construction. Nothing in this Article shall infringe upon the authority of any other municipality, county, or other governmental entity to regulate land use or activities within their respective jurisdictions on lands outside the corporate limits of the City of Salida that are also within the City’s jurisdiction pursuant to this Article. Notwithstanding, any lawful regulations, permits or approvals issued by any state or federal agency, municipality, county, or any other governmental entity concerning land use or activities on land
that is also within the City’s jurisdiction described in this Article shall not, in any way, infringe upon, limit, or supersede the terms and conditions of any permit validly issued pursuant to the provisions of this Article and the authority hereunder to regulate such activities and land use. 13-5-60. Regulated activities. The City has determined that the activities set forth below may harm the City’s waterworks or pollute the City’s water supply. Subject to the exceptions provided for in Section 13-7-70 below, it shall be unlawful for any person to engage in any of the specified activities within the area of the City’s jurisdiction as defined in this Article without first obtaining a permit from the City authorizing such activity: (1) Excavation, dredging, filling, grading, or compaction of any topsoil, sand, rock, dirt, or
other material over an area in excess of 0.5 acre. The area disturbed by the construction and maintenance of a driveway to a single family residence shall not be included in the calculation of the 0.5 acre threshold under this section;
(2) Any surface or subsurface mining or mineral resource extraction, including any and all
oil and/or natural gas extraction or mining; (3) Use of any restricted use pesticide (RUP), herbicide, fungicide, rodenticide, insecticide or
any other chemical for eradication or control of any plants or animals that is within one hundred (100) feet of any watercourse;
(4) Removal of any vegetation or trees by any method over an area in excess of 0.5 acre; (5) Construction, maintenance and/or operation of any sewage treatment disposal system
with an average design capacity greater than 2,000 gallons per day; provided that any sewage disposal system with an average design capacity less than or equal to 2,000 gallons per day is also subject to regulation under this Article if it is not installed, operated and maintained in compliance with all applicable laws, rules, regulations, permits, and Best Management Practices which condition is met if Chaffee County regulations are adhered to, or is located within one hundred (100) feet of any watercourse;
(6) Any of the activities prohibited in this section regardless of the amount of acreage
affected if such activities are located in or within one hundred (100) feet of any water course, and/or if such activity is associated with the construction of any water diversion, storage or conveyance structure, including but not limited to such structures as diversion headworks, dams, canals, ditches, flumes, pipelines, conduits, reservoirs, drains, wells, (excluding domestic wells serving less than three (3) residences) and pumps, and further including any equipment, buildings, structures, roads, and other facilities necessary for the construction, maintenance and operation of the structures.
(7) Alteration, improvements or modifications of any watercourse; (8) Dumping, depositing or discharging any pollutant into any watercourse, or dumping,
depositing or storing any pollutant on land within 100 feet of any watercourse; (9) Construction, maintenance and/or operation of a surface or subsurface tank that stores
chemicals, chemical waste, biological nutrient or material, radioactive material, petroleum product, or any industrial, municipal or agricultural waste, excepting residential propane tanks
and septic systems not covered under subsection (5) above; (10) Construction of any impervious surface with an aggregate area greater than 25,000 square
feet that could direct any contamination or pollutant toward a watercourse or City waterworks; (11) Construction and operation of a feedlot unrelated to current farming and ranching
operations; and (12) Any other activity that will cause material injury, damage or harm to the City’s water
works or pollution of the City’s water supply as reasonably determined by the City based upon the written recommendation of a licensed engineer or qualified professional which specifies the cause and extent of such injury, damage, harm or pollution.
Any limitation on acreage imposed by this section includes the cumulative amount of acreage encompassed by any and all proposed activities by any person on any contiguous or noncontiguous parcels of land that are part of the same plan, project or development. 13-5-70. Activities which require no permit. This Article shall not apply to and no permit shall be required for the following activities: (1) Any activity that is a lawful use of any land or structure, where such use and such structure existed prior to the time this Article was adopted by the City. Any change or enlargement of any pre-existing use of land, or changes to any pre-existing structure, made after adoption of this Article, including any modification, alteration or expansion, except ordinary maintenance, as determined by the City, is subject to the provisions of this Article. For purposes of clarification, any portion of any activity that has obtained approval from any state or federal agency, municipality, county or any other governmental entity, but that has not yet commenced, is not a pre-existing activity or use. (2) The following activities are allowed within the area of the City’s jurisdiction as defined in this Article, provided that there is adherence to Best Management Practices: (a) Road maintenance by governmental entities; (b) Construction or maintenance of farm or ranch roads, irrigation ditches or ponds, where such roads or ponds are constructed and maintained to assure that flow and circulation patterns and chemical and biological characteristics of all surface and groundwater resources are not impaired, and that any adverse effect on the aquatic environment will be otherwise minimized; (c) Normal farming, silviculture, and ranching activities such as plowing, haying, seeding, cultivating, minor drainage, harvesting for the production of food, fiber, and forest products, upland soil and water conservation practices, or livestock grazing; (d) Normal maintenance of ponds, bridges, riprap, and drainage and irrigation ditches and related structures, including ditch burning whether by hand or with the use of equipment and machinery; (e) Noxious weed or insect control; (f) Removal of dead, insect infected or diseased trees;
(g) Construction of a livestock water tank as defined in C.R.S. '35-49-105 (2006); (h) Maintenance of wetlands; (i) Modifications to any watercourse for fisheries improvements or riparian habitat creation and/or restoration permitted by the Army Corps of Engineers; (j) Emergency riparian work, provided that any permanent work shall be regulated if otherwise regulated by this ordinance; (k) Wildland fire mitigation and emergency firefighting activities; and (l) Drilling of domestic wells serving less than three (3) residences. 13-5-80. Permit application. Any person proposing to undertake a regulated activity as set forth in Section 13-7-60 hereof shall file an application for a watershed permit with the office of the director on a form provided by the City Clerk. The application shall contain the following information: (1) Name, address, and verified signature of the applicant; (2) Name and address of the owner of the property on which the activity is proposed; (3) Verified consent of the owner of the property if different than that of the applicant; (4) The address and/or legal description of the property on which the activity is proposed; (5) A full and complete description of the proposed activity, including but not limited to, the acreage of the property, the acreage affected by the proposed activity, the proposed amount of diversion and/or storage, and any activity that may result in a discharge, spill or release of any pollutant into the City’s waterworks or water supply; (6) A map explicitly depicting the location of the property and the proposed activity; (7) Identification and description of all water use anticipated to be necessary for the proposed activity, including but not limited to all water rights owned or to be used by the applicant, amount of consumptive use, location and timing of any expected return flows resulting from diversions, and the amount and type of discharge; (8) Identification and description of any impact that the activity may reasonably` have on the City’s waterworks and on the quality of the City’s water supply; (9) Identification and description of all measures that shall be taken to prevent injury, damage or harm to the City’s waterworks and pollution of the City’s water supply, including compliance with all applicable Best Management Practices; and (10) Any other information required by the director to properly evaluate the application, as reasonably determined by the director.
13-5-90. Permit fee. Each application for a permit shall be accompanied by payment in full or a fee, as established by resolution of City Council, and as may be adjusted from time to time. 13-5-100. Permit duration. A permit issued pursuant to this Article shall be valid for two years from the date of issuance. 13-5-110. Permit suspension or revocation; temporary suspension. A permit may be suspended or revoked at any time for a violation of any compliance order issued by the director or for a violation of any of the terms or conditions of the permit or the provisions of this Article, subject to notice to the permit holder and a hearing by the City Council. If exigent circumstances exist that require immediate suspension, as determined by the director, the director may immediately suspend a permit for a period not to exceed fourteen (14) days. In the case of such a summary suspension by the director, the permittee, upon written request, shall be entitled to a hearing before City Council as soon as is reasonable possible. 13-5-120. Permit transfer. Permits issued hereunder are to a specific user for a specific activity. No permit shall be transferred or assigned to any other person, different premises or a new, different or changed operation. Any such change shall require a new permit application. 13-5-130. Permit review; burden; issuance or denial. (a) Within thirty (30) days following the filing of a completed application, which shall not be considered complete until all necessary information required by this Article is provided, the Director shall review the application and classify the proposed activity according to its impact on either the City’s waterworks and/or the quality of the City’s water supply. In evaluating each application, the Director may consider, but is not limited to, the following factors: (1) Nature and type of the proposed activity; (2) Proximity of the proposed activity to a watercourse and whether it is located within a floodway; (3) Nature and type of the soils, rock or other material; (4) Nature and type of vegetation; (5) Scope and stability of the land; (6) Any increase of effect in or on the fire hazard; (7) Nature, type and amount of effluents or pollutants reasonably anticipated from the proposed activity discharged either into a watercourse or underground; (8) Nature, type and amount of each regularly processed new material;
(9) Nature, type and amount of each regularly produced product; (10) Nature and type of any and all erosion control measures; (11) Any anticipated impact on the waterworks or water quality of the City’s water supply resulting in any way from the activity, including but not limited to direct discharges, nonpoint or indirect discharges, reduction in flows within a watercourse, or the concentration of any pollutant; (12) Amount and type of mechanized or motorized vehicles associated with the activity; (13) Any water rights obtained, needed, necessary or related to the proposed activity; (14) Any permits or other governmental or private approval required to proceed with the proposed activity or already obtained where such permits or approvals are based on standards at least as stringent; (15) Economic impact in relation to the risks and benefits to watershed protection; and (16) Cumulative effect of the proposed activity with other activities. (b) The burden shall be upon the applicant to demonstrate, by preponderance of the evidence and in compliance with the provisions of this Article, that the activity will not harm, damage or injure the City’s waterworks or pollute the City’s water supply. (c) If the Director determines that the proposed activity will not have any harmful impact on the City’s waterworks or water supply, then the Director shall recommend to City Council that a permit be issued, and whether any conditions should apply. If the Director determines that the applicant has not met its burden with respect to the impact on either the City’s waterworks and/or the City’s water supply, then the Director shall identify such negative impact(s) and shall state the reasons for recommending denial of a permit. City Council shall consider such recommendation and may issue the permit, with or without conditions, upon a determination that the requirements of this Article have been satisfied, or may deny the permit application at a hearing as set forth in Article 13-7-180. 13-5-140. Permit terms and conditions. The City Council may prescribe any terms and conditions in the issuance of any permit in accordance with any provisions of this Article and as the City Council deem necessary to prevent harm, damage or injury to the City’s waterworks and/or the pollution of the City’s water supply, including compliance with all applicable Best Management Practices. The City Council may also make any permit conditional upon the applicant obtaining any and all necessary permits and other governmental or private approvals or obtaining financial security for performances or requirements of the permit. This Article allows the City to limit discharge of water pollutants to prevent nuisances and prevent damage, harm or injury to the City’s waterworks or pollution of the City’s water supply. It does not allow the City to authorize a discharge of pollutants into State waters, which is the jurisdiction of the Water Quality Control Commission. 13-5-150. Performance bond. The City Council may require as a condition of any permit issued hereunder that the permittee obtain a performance bond in an amount necessary to ensure completion of all measures required to prevent both injury to the City’s waterworks and the pollution of the City’s water supply. The City
Council may also require as a part of the performance bond an additional amount necessary to clean up or mitigate the effects of any spill, release or discharge by the permittee. This section shall not apply to or have any effect upon the provisions of Section 34-32-109(6) C.R.S. 13-5-160. Containment facilities; reporting requirements. Each permittee shall provide and maintain at its expense any facilities necessary to prevent and contain any spill, release or discharge of any pollutant that may cause damage, harm or injury to the City’s waterworks or pollution to the City’s water supply. Any such spill, release or discharge shall be reported immediately to the Director and to all other persons or entities that may be affected thereby. The permittee shall inform the Director as to the location, the nature and type of the pollutant, concentration, volume, and any measures taken to contain or remediate the spill, release or discharge and to assure that such discharge does not occur again. Within five (5) days of such discharge the permittee shall submit a written report to the Director explaining the spill, release or discharge including a description of measures which have and shall be taken to prevent recurrence. 13-5-170. Site inspections. Whenever necessary to assure compliance with any terms or conditions of the permit or the provisions of this Article, the Director has the right to enter the property to make an inspection. Refusal by the permittee to allow such right of entry to inspect the property shall constitute sufficient grounds to suspend or revoke the permit by the Director. Upon such refusal, or if exigent circumstances are present that require immediate entry, the Director may obtain a search warrant from a court of competent jurisdiction, including the municipal court of the City, entitling the Director to enter and inspect the property. Upon obtaining a search warrant, or if exigent circumstances exist, the Director may use such reasonable force as is necessary to enter and inspect the property. 13-5-180. Hearings by the City Council on applications. The City Council shall schedule a hearing and publish notice of a hearing at least fourteen (14) days prior to the date set for hearing. At such hearing, the applicant (and/or the applicant’s attorney, consultants, and representatives) and the Director (and/or City attorney, special counsel, consultants and representatives) may make a presentation and/or present information and evidence. All interested parties may also testify or present information and evidence. The applicant shall have the burden of establishing by a preponderance of the evidence that the proposed activity will not injure, harm or damage the City’s waterworks or pollute the City’s water supply. The City Council shall, within thirty (30) days of the close of the hearing issue a decision on the permit, including findings related to such decision. The council’s decision shall be the final action by the City. 13-5-190. Hearings. Testimony, evidence and information presented at all hearings held pursuant to this Article shall be open to the public and quasi-judicial in form, under oath and recorded. 13-5-200. Compliance order. Whenever the Director determines that any permittee has violated or is violating any terms or conditions of a permit or the provisions of this Article, the Director may issue an order requiring the permittee to comply within a specified period of time. Any violation of the compliance order by the permittee shall be cause for the suspension or revocation of the permit. Whenever the Director determines that a person is proceeding with a prohibited activity under Section 13-7-60 hereof without
permit, the Director may issue an order requiring the person to cease and desist such activity until such a time as a permit is obtained pursuant to this Article. 13-5-210. Legal action. If any person violates any provision of this Article, in addition to utilization of the enforcement and penalty powers of the City, the City may commence an action for appropriate legal or equitable relief in a court of competent jurisdiction, including the municipal court. In addition to the penalties provided herein, the City shall be entitled to reasonable expert fees and attorneys’ fees and costs of litigation.
CHAPTER 16
Land Use and Development
Article I General Provisions
Sec. 16-1-10 Title and short title
Sec. 16-1-20 Authority
Sec. 16-1-30 Purposes
Sec. 16-1-40 Jurisdiction
Sec. 16-1-50 Presumption of validity
Sec. 16-1-60 Rules of construction
Sec. 16-1-70 Severability
Sec. 16-1-80 Definitions
Article II Administration and Enforcement
Sec. 16-2-10 Fees and deposits
Sec. 16-2-20 Vested property rights
Sec. 16-2-30 Public Notice
Sec. 16-2-40 Amendments
Sec. 16-2-50 Review standards for text amendments
Sec. 16-2-60 Appeals
Sec. 16-2-70 Subdivision improvements agreements and development improvements agreements
Sec. 16-2-80 Violations and penalty
Article III Application and Review Procedures
Sec. 16-3-10 Purpose of article
Sec. 16-3-20 Development permits
Sec. 16-3-30 Exemption from development permits
Sec. 16-3-40 Classification of developments
Sec. 16-3-50 Development plan
Sec. 16-3-60 Administrative review procedure
Sec. 16-3-70 Pre-application conference for development review
Sec. 16-3-80 Limited impact review procedure
Sec. 16-3-90 Major impact review procedure
Sec. 16-3-100 Steps following approval of a development plan
Sec. 16-3-110 Public hearings
Sec. 16-3-120 Concurrent review
Sec. 16-3-130 Format of final submissions
Sec. 16-3-140 Insubstantial changes or amendments to an approved development plan
Article IV Zoning
Sec. 16-4-10 Purpose of article
Sec. 16-4-20 Zone districts established
Sec. 16-4-30 Official zoning map
Sec. 16-4-40 Determination of zone district boundaries
Sec. 16-4-50 Zoning of annexed territory
Sec. 16-4-60 Application of regulations
Sec. 16-4-70 Residential zone districts
Sec. 16-4-80 Commercial, business and industrial zone districts
Sec. 16-4-90 Principal and accessory uses
Sec. 16-4-100 Permitted uses
Sec. 16-4-110 Conditional uses
Sec. 16-4-120 Expiration of conditional use permit
Sec. 16-4-130 Revocation of conditional use permit
Sec. 16-4-140 Uses not itemized
Sec. 16-4-150 Schedule of uses and review process
Sec. 16-4-160 Nonconformities
Sec. 16-4-170 Nonconforming lots
Sec. 16-4-180 Zoning Variances
Sec. 16-4-190 Review Standards Applicable to Particular Uses
Sec. 16-4-200 Zone district dimensional standards
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Sec. 16-4-210 Rezoning
Article V Zoning Overlays
Sec. 16-5-10 General
Sec. 16-5-20 Zone district overlays established
Sec. 16-5-30 Salida Downtown Historic District Overlay (SDHD)
Sec. 16-5-40 Historic Protection Overlay (HPO)
Sec. 16-5-50 SH 291 Corridor Overlay (291 CO)
Sec. 16-5-60 Highway 50 Corridor Overlay (50 CO).
Sec. 16-5-70 Local Historic Landmark Overlay (LHLO)
Sec. 16-5-80 Sackett’s Addition Overlay
Article VI Subdivision
Sec. 16-6-10 Types of Subdivisions
Sec. 16-6-20 Major Subdivision
Sec. 16-6-30 Minor Subdivision
Sec. 16-6-40 Resubdivisions
Sec. 16-6-50 Amended Plats
Sec. 16-6-60 Duplex conversion subdivision
Sec. 16-6-70 Lot line adjustments
Sec. 16-6-80 Insubstantial change to recorded plat
Sec. 16-6-90 Elimination of lot lines
Sec. 16-6-100 Condominiums
Sec. 16-6-110 Subdivision plat requirements
Sec. 16-6-120 Subdivision review standards
Sec. 16-6-130 Vacation of recorded plat, right-of-way or easement
Sec. 16-6-140 Fair Contributions for Public School Sites
Article VII Planned Developments
Sec. 16-7-10 Purpose and objectives
Sec. 16-7-20 Zoning classification
Sec. 16-7-30 Procedure
Sec. 16-7-40 PD development plan evaluation criteria; general requirements
Sec. 16-7-50 Design standards
Sec. 16-7-60 Maximum height and floor area
Sec. 16-7-70 Permitted uses
Sec. 16-7-80 Transportation design
Sec. 16-7-90 Submittal requirements
Sec. 16-7-100 Phasing
Sec. 16-7-110 Development schedule
Sec. 16-7-120 Public Hearings
Sec. 16-7-130 Form of PD approval
Sec. 16-7-140 PD Agreement
Sec. 16-7-150 Modifications
Sec. 16-7-160 Enforcement
Article VIII Design Standards
Sec. 16-8-10 Purpose and applicability
Sec. 16-8-20 Road, driveway and sidewalk standards
Sec. 16-8-30 Survey monuments
Sec. 16-8-40 Street tree standards
Sec. 16-8-50 Undergrounding of utilities
Sec. 16-8-60 Stormwater management standards
Sec. 16-8-70 Grading and erosion control
Sec. 16-8-80 Off-street parking standards
Sec. 16-8-90 Landscaping standards
Sec. 16-8-100 Illumination standards
Sec. 16-8-110 Fences
Sec. 16-8-120 Large scale commercial design guidelines
Sec. 16-8-130 Eaves, architectural projections, at-grade structures and covered porches
Article IX Annexation
Sec. 16-9-10 General
Sec. 16-9-20 Procedure
Sec. 16-9-30 Annexation Fees
Sec. 16-9-40 Application contents
Article X Sign Standards
Sec. 16-10-10 Declaration of intent; findings and purposes
Sec. 16-10-20 Applicability
Sec. 16-10-30 Sign permits and administration
Sec. 16-10-40 Types of signs
Sec. 16-10-50 Time, place and manner for display of signs
Sec. 16-10-60 Prohibited signs
Sec. 16-10-70 Sign measurement
Sec. 16-10-80 Sign location and appearance standards
Sec. 16-10-90 Creative signs
Sec. 16-10-100 Comprehensive sign plan
Sec. 16-10-110 Nonconforming signs
Article XI Flood Control
Sec. 16-11-10 Statutory authorization
Sec. 16-11-20 Findings of fact
Sec. 16-11-30 Statement of purpose
Sec. 16-11-40 Methods of reducing flood losses
Sec. 16-11-50 Definitions
Sec. 16-11-60 Lands to which this Article applies
Sec. 16-11-70 Basis for establishing Special Flood Hazard Areas
Sec. 16-11-80 Establishment of Floodplain Development Permit
Sec. 16-11-90 Compliance
Sec. 16-11-100 Abrogation and greater restrictions
Sec. 16-11-110 Interpretation
Sec. 16-11-120 Warning and disclaimer of liability
Sec. 16-11-130 Designation of Floodplain Administrator
Sec. 16-11-140 Duties and responsibilities of Floodplain Administrator
Sec. 16-11-150 Permit procedures
Sec. 16-11-160 Variance procedures
Sec. 16-11-170 General standards and provisions for flood hazard reduction
Sec. 16-11-180 Specific standards for flood hazard reduction
Sec. 16-11-190 Floodways
Sec. 16-11-200 Alteration of a watercourse
Sec. 16-11-210 Properties removed from the floodplain by fill
Sec. 16-11-220 Standards for subdivision proposals
Sec. 16-11-230 Standards for Critical Facilities
Sec. 16-11-240 Protection for Critical Facilities
Sec. 16-11-250 Ingress and egress for new Critical Facilities
Article XII Historic Preservation
Sec. 16-12-10 Purpose
Sec. 16-12-20 Establishment of Salida Downtown Historic District Overlay
Sec. 16-12-30 Establishment of Local Historic Landmark Overlay
Sec. 16-12-40 Designation of local historic districts and landmarks; procedure
Sec. 16-12-50 Historic district and landmark designation review standards
Sec. 16-12-60 Activities subject to review and certificate of approval with regard to landmarks or within
historic districts
Sec. 16-12-70 Demolition or relocation of buildings, structures or sites
Sec. 16-12-80 Certificates of approval; procedure
Sec. 16-12-90 Certificates of approval; review standards
Sec. 16-12-100 Exempt activity
Sec. 16-12-110 Exceptions
Sec. 16-12-120 Removal of landmark, contributing or historic district designation
Sec. 16-12-130 Violations and penalties
ARTICLE I
General Provisions
16-1-10. Title and short title.
This Chapter, as amended from time to time, shall be known and may be cited as the City
of Salida Land Use Code. It may also be called the Land Use and development Code.
16-1-20. Authority.
This Chapter is authorized by Section 31-23-101, et. seq., C.R.S.; Section 29-20-101, et.
seq., C.R.S., Section 31-12-101, et. seq., C.R.S., and Section 24-65-101, et. seq., C.R.S., as
amended.
16-1-30. Purposes.
This Chapter is enacted for the purpose of promoting the health, safety, quality of life,
convenience, order, prosperity, and welfare of the present and future inhabitants of the City by
lessening of congestion in the streets or roads, securing safety from fires and other dangers,
providing light and air, avoiding undue congestion of the population, facilitating the adequate
provision of transportation, water, wastewater, schools, and other public requirements, securing
protection of the tax base, and by other means in accordance with the City of Salida
Comprehensive Plan.
16-1-40. Jurisdiction.
These regulations shall apply to all land and all land uses within the municipal boundaries
of the City of Salida, Colorado.
16-1-50. Presumption of validity.
All provisions of this Land Use Code are presumed to be valid and enforceable. In any
challenge to the validity of any provision, the burden of proof shall rest with the person bringing
the challenge.
16-1-60. Rules of construction.
Section 1-2-20 of this Code establishes rules that shall be observed and applied when
interpreting the language of this Chapter, unless the context clearly requires otherwise.
16-1-70. Severability.
If any section, subsection, paragraph, clause, phrase or provision of these regulations shall
be adjudged invalid or held to be unconstitutional by a court of competent jurisdiction, the
validity of these regulations shall not be affected in whole or in part, other than the provision
adjudged to be invalid or unconstitutional.
16-1-80. Definitions.
This Article defines words, terms and phrases contained within this Land Use Code. The
following terms shall have the following meanings when used in this Land Use Code:
Accessory building or structure means a detached, subordinate building or
structure located upon the same lot as the principal building or structure to which it is
related, which is:
a. Clearly incidental, subordinate, secondary and devoted to the principal
building or structure.
b. Customarily found in conjunction with the principal building or
structure.
Accessory use means a use incidental, customary, and subordinate to the
principal use of the lot, structure, or building and on the same lot and not prohibited in
the zone district in which it is located.
Addition means any work which adds square footage, volume or exterior wall or
roof area to an existing structure.
Alley means a strip of land dedicated to public use, located at the side or rear of
lots and providing a secondary means of vehicular access to the property.
Alteration, Small means any alteration to an existing residential building or an
alteration or change of use to a mixed-use or nonresidential building that increases the
gross floor area or lot coverage (by structures or impervious area) by less than 25% and
does not increase the parking requirements on the property by more than ten (10) spaces.
Construction of one (1) or more dwellings in an existing building in the C-2 zone district
where the construction results in four (4) or fewer dwelling units shall be considered a
small alteration.
Alteration, Large means any alteration or change of use to a mixed-use or
nonresidential building that increases the gross floor area, or lot coverage (by structures
or impervious area) by 25% or more or increases the parking requirements on the
property by more than ten (10) spaces, whether or not the parking spaces exist or need to
be constructed.
Annexation means the process of incorporating an unincorporated portion of
Chaffee County into the boundaries of the City pursuant to the Municipal Annexation Act
of 1965, Section 31-12-101, et seq., C.R.S.
Attention-attracting device means any device or object visible from any public
street which is primarily designed to attract the attention of the public to a business,
institution, sign or activity through such means, including but not limited to illumination,
color, size or locations. Attention-attracting devices or objects often-times incorporate
illumination, which may be stationary, moving, turning, blinking (including animation) or
flashing. Attention-attracting devices may or may not convey a message and can include,
but are not limited to, search lights, beacons, strobe lights, internally illuminated
translucent canopies or panels, banners, streamers, pennants, propellers and inflatable
objects (including strings of balloons) or other devices or objects designed to attract
attention. Approved traffic-control devices are not considered attention-attracting
devices for purposes of this Code.
Awning means a shelter constructed of nonrigid materials on a supporting
framework which projects from and is supported by the exterior wall of a building.
Banner means a sign made of fabric, plastic or other nonrigid material which has
no enclosing framework.
Bed and breakfast inn means an overnight lodging establishment that provides
short-term lodging for a charge to the public, generally for periods of less than one (1)
month, having an owner or manager residing on the site. Incidental sale of supplies or
products associated with the bed and breakfast shall be permitted on premises. An
appropriate sales tax license shall be obtained and maintained during the course of
business.
Bedroom means a room in a dwelling unit that is marketed and designed for
sleeping, or otherwise has the potential to function primarily for sleeping.
Board means the Board of Adjustment of the City.
Boarding or rooming house means a building, other than a hotel, bed and
breakfast, cafe or restaurant, where, for direct or indirect compensation, lodging and/or
meals are provided for three (3) or more boarders and/or roomers, exclusive of the
occupant's family.
Brewery, distillery, winery means an industrial use that creates ales, beers,
meads, wines, spirits, and/or similar beverages on site for wholesale production. Small
tasting rooms may be an accessory use. This definition excludes small breweries (less
than 5,000 barrels of beverages per year) operated in conjunction with a bar or restaurant
defined herein as an accessory use.
Building means any structure used or intended for supporting or sheltering any
use or occupancy and within the purview of the building codes as adopted by the City.
Building area means the maximum horizontal area within the outer perimeter of
the building walls, dividers or columns at ground level or above, whichever is the greater
area, including exterior stairways, and inner courts but excluding uncovered decks,
uncovered porches, patios, terraces and steps of less than thirty (30) inches in height, and
completely open, uncovered, cantilevered balconies that have a minimum of eight (8) feet
vertical clearance below.
Building, enclosed means a building separated on all sides from adjacent open
space or other buildings by fixed exterior walls or party walls, with openings only for
windows and doors, and covered by a permanent roof.
Building height means the distance measured on a vertical plane from the average
preconstruction or post-construction grade around the perimeter foundation of a building
or structure, whichever is lower, to the highest point on the roof surface of the building or
structure.
Building line means the average setback of the primary structures on a block.
Building, principal means a building in which the primary use for the lot on
which the building is located is conducted.
Bus station means any premises for the storage or parking of motor-driven buses
and the loading and unloading of passengers. Stations may include ticket purchase
facilities, toilets, restaurants and retail stores.
Campground means a parcel of land used or intended to be used, let or rented for
overnight or short-term occupancy by campers, trailers, tents or recreational vehicles.
Certificate of approval or CA means the official document/permit issued by the
City Administrator approving and/or concerning, without limitation, the erection,
(4) Work Necessary. Whether the proposed work is required or necessary to comply
with a building, fire or other health/safety code.
(d) Demolition or Relocation of a Landmark or a Building, Structure or Site Within a
Historic District. The following criteria shall be used in determining whether a certificate of
approval should be issued for the demolition or relocation of a landmark or a building, structure
or site within a historic district:
(1) The historic, social or architectural significance of the building, structure or site.
(2) The structural soundness and safety of the building, structure or site.
(3) In the case of a landmark or contributing building, structure or site, whether the
same can be rehabilitated, renovated or restored at its current location as part of an
economically feasible and beneficial use of the property.
(4) In the case of a landmark or contributing building, structure or site, whether the
same has been properly maintained and/or been subject to disrepair, deterioration and/or
demolition by neglect.
(5) In the case of a landmark or contributing building, structure or site, whether the
same can be relocated to a historically appropriate alternative location in a manner that will
protect and insure its structural integrity.
(6) The impacts of the proposed demolition or relocation of the building, structure or
site, and the planned redevelopment of the site, on the historical character of the existing
neighborhood.
Sec. 16-12-100. Exempt activity.
A CA shall not be required for the interior alteration, renovation, repair, reconstruction or
rehabilitation of a landmark or contributing building or structure, or for any other building or
structure within a historic district. Similarly, a CA shall not be required to undertake ordinary
exterior maintenance and/or repair if such work involves and is carried out using materials and
elements identical in appearance to the materials and elements being repaired or worked on, and
such maintenance and/or repair does not substantially alter the appearance, composition or texture
of the exterior appearance, feature or surface of the building or structure. (Ord. 03, 2002 §9-20-
12; Ord. 01, 2005 §1; Ord. 2005-07 §1)
Sec. 16-12-110. Exceptions.
Nothing in this Article shall prohibit the issuance of orders or correction notices, or the
implementation of emergency enforcement actions, authorized by law for the purpose of
correcting or abating conditions relative to any landmark, contributing or other building, structure
or site determined to be dangerous to life, health or property in accordance with building and/or
life and safety codes duly adopted by the City, and/or such other governing authority with
jurisdiction, including, when deemed necessary, the demolition or partial demolition of a building
or structure. However, when the need for emergency action is not present, all work or activity
normally subject to the provisions and procedures contained in this Article shall be undertaken
and performed in compliance therewith. (Ord. 03, 2002 §9-20-13; Ord. 01, 2005 §1; Ord. 2005-
07 §1)
Sec. 16-12-120. Removal of landmark, contributing or historic district designation.
(a) Finding by City Council required. The removal of a landmark or contributing
designation for any building, structure or site, or the removal of the designation of a district as a
historic district, shall only be approved upon a finding by the City Council after a noticed public
hearing that the building, structure, site or district no longer satisfies the eligibility criteria for
landmark, contributing or historic district status, and that it would be in the public interest and
welfare to remove or rescind such designation.
(b) Procedure. The procedures contained in Section 16-12-50 above with regard to the
designation of landmark, contributing or historic buildings, structures, sites or districts,
respectively, shall be followed in applying for and processing a petition for the removal or
rescission of such a designation. Notwithstanding the foregoing, no landmark or other historic
designation awarded to any building, structure, site or district by the United States Department of
the Interior and/or the State, respectively, shall be removed, rescinded or modified except in
accordance with the procedures and standards established by said governmental authority. (Ord.
03, 2002 §9-20-14; Ord. 2005-07 §1)
Sec. 16-12-130. Violations and penalties.
(a) Violation of the provisions of this Chapter shall be punishable as set forth in Chapter 1
Article IV of this Code. Additionally, each separate violation and each day any violation
continues shall constitute a separate offense and be subject to the penalties specified in this
Section.
(b) Any development, activity, facility or structure which is continued, operated or
maintained in violation of the provisions of this Article, or the terms and conditions of a CA or
any other permit, shall be subject to injunction, abatement and/or other appropriate legal remedy
as may be sought and obtained by the City, in which event the City shall be entitled to recover its
reasonable costs and attorney fees from the offending party or parties.
(c) All penalties and remedies for violations of the provisions of this Article shall be
nonexclusive and cumulative, and the City's pursuit and/or exercise of one (1) remedy or penalty
shall not foreclose or prohibit the pursuit and exercise of alternative or other remedies. (Ord. 03,
2002 §9-20-15; Ord. 01, 2005 §1; Ord. 2005-07 §1)
CHAPTER 18
Building Regulations
Article I Building Code
Sec. 18-1-10 Adoption Sec. 18-1-20 Copy on file Sec. 18-1-30 Amendments Sec. 18-1-40 Violations; penalties
Article II Residential Code
Sec. 18-2-10 Adoption Sec. 18-2-20 Copy on file Sec. 18-2-30 Amendments Sec. 18-2-40 Violations; penalties
Article III Fire Code
Sec. 18-3-10 Adoption Sec. 18-3-20 Copy on file Sec. 18-3-30 Amendments Sec. 18-3-40 Enforcement Sec. 18-3-50 Violations; penalties Sec. 18-3-60 Establishing limits
Article IV Existing Building Code
Sec. 18-4-10 Adoption Sec. 18-4-20 Copy on file Sec. 18-4-30 Amendments Sec. 18-4-40 Violations; penalties
Article V Plumbing Code
Sec. 18-5-10 Adoption Sec. 18-5-20 Copy on file Sec. 18-5-30 Amendments Sec. 18-5-40 Violations; penalties
Article VI Mechanical Code
Sec. 18-6-10 Adoption Sec. 18-6-20 Copy on file Sec. 18-6-30 Amendments Sec. 18-6-40 Violations; penalties
Article VII Electrical Code
Sec. 18-7-10 Adoption Sec. 18-7-20 Copy on file Sec. 18-7-30 Amendments Sec. 18-7-40 Violations; penalties
Article VIII Appeals Process
Sec. 18-8-10 Appeal Sec. 18-8-20 Appeal contents Sec. 18-8-30 Actions following receipt of appeal Sec. 18-8-40 Notice Sec. 18-8-50 Decision by appeal body
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Article IX Enforcement
Sec. 18-9-10 Civil enforcement Sec. 18-9-20 Enforcement as nuisance Sec. 18-9-30 Remedies not exclusive
Article X Board of Appeals
Sec. 18-10-10 Establishment Sec. 18-10-20 Membership and organization Sec. 18-10-30 Terms Sec. 18-10-40 Vacancies Sec. 18-10-50 Removal from office Sec. 18-10-60 Meetings Sec. 18-10-70 Rules of procedure Sec. 18-10-80 Minutes Sec. 18-10-90 Special meetings Sec. 18-10-100 Powers and duties
Article XI House Numbers
Sec. 18-11-10 Numbers required; placement Sec. 18-11-20 Method of numbering houses Sec. 18-11-30 Size of numbers Sec. 18-11-40 Administration of provisions Sec. 18-11-50 Application of provisions Sec. 18-11-60 Penalties
Article XII Fuel Gas Code
Sec. 18-12-10 Adoption Sec. 18-12-20 Copy on file Sec. 18-12-30 Amendments Sec. 18-12-40 Violations; penalties
Article XIII Energy Conservation Code
Sec. 18-13-10 Adoption Sec. 18-13-20 Copy on file Sec. 18-13-30 Amendments Sec. 18-13-40 Violations; penalties
Article XIV Property Maintenance Code
Sec. 18-14-10 Adoption Sec. 18-14-20 Copy on file Sec. 18-14-30 Amendments Sec. 18-14-40 Violations; penalties
Article XV Building Permit Administration Sec. 18-15-10 Inspection and supervision Sec. 18-15-20 Fees Sec. 18-15-30 Building permit effective periods and extensions Sec. 18-15-40 Notice of building permit expirations Sec. 18-15-50 Modification and forms Sec. 18-15-60 Appeals
ARTICLE I
Building Code
Sec. 18-1-10. Adoption.
Pursuant to Title 31, Article 16, Part 2, C.R.S., there is hereby adopted by reference Chapters 1 through 35 and Appendix I of the International Building Code (IBC), 2006 Edition, published by the International Code Council, 500 New Jersey Avenue, NW, 6th Floor, Washington, DC 20001-2070, to have the same force and effect as if set forth herein in every particular. The subject matter of the adopted code includes comprehensive provisions and standards regulating the conditions and maintenance of all property, buildings and structures; by providing the standards for supplied utilities and facilities and other physical things and conditions essential to ensure that structures are safe, sanitary and fit for occupation and use; and the condemnation of buildings and structures unfit for human occupancy and use and the demolition of such structures as herein provided; providing for the issuance of permits and collection of fees therefor; and each and all of the regulations, provisions, penalties, conditions and terms of said Building Code as amended in Section 18-1-30 below. (Prior code 8-1-1; Ord. 2002-10; Ord. 01, 2005 §1; Ord. 2007-14 §1)
Sec. 18-1-20. Copy on file.
At least one (1) copy of the International Building Code has been and is now on file in the office of the City Clerk and may be inspected by any interested person between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday, holidays excepted. The code as finally adopted shall be available for sale to the public through the office of the Building Official. (Ord. 01, 2005 §1; Ord. 2007-14 §1)
Sec. 18-1-30. Amendments.
The code adopted herein is hereby modified by the following amendments:
(1) Section 101.1 is amended to read:
"101.1 Title. These regulations shall be known as the Building Code of the City of Salida, hereinafter referred to as 'this code.' "
(2) Section 101.4.1 is amended to read:
"101.4.1 Electrical. The provisions of National Electrical Code, 2005 Edition, ('NEC'), as adopted, shall apply to the installation of electrical systems, including alterations, repairs, replacement, equipment, appliances, fixtures, fittings and appurtenances thereto. For structures built under the provisions of the International Residential Code, the requirements of Part VIII – Electrical shall be equivalent to the NEC. Any references in this code to the ICC Electrical Code shall instead refer to the 2005 NEC."
(3) Section 101.4.4 is amended to read:
"101.4.4 Plumbing. The provisions of the International Plumbing Code shall apply to the installation, alteration, repair and replacement of plumbing systems, including equipment, appliances, fixtures, fittings and appurtenances, and where connected to a water or sewage
system and all aspects of a medical gas system. The provisions of the Chaffee County On-site Wastewater Treatment System Regulations shall apply to private sewage disposal systems."
(4) Section 102.4 is amended to read:
"102.4 Referenced codes and standards. The codes and standards referenced in this code shall be considered part of the requirements of this code to the prescribed extent of each such reference. Where differences occur between provisions of this code and adopted codes and standards, the provision of the adopted code shall apply. Reference to other codes such as electrical, gas, mechanical, plumbing, property maintenance, fire prevention, energy and existing buildings shall refer only to the currently adopted code of that type."
(5) Section 105.1 is amended to read:
"105.1 Required. Any owner or authorized agent who intends to construct, enlarge, alter, repair, move, demolish or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any electrical, gas, mechanical or plumbing system, the installation of which is regulated by this code, or to cause any such work to be done, shall first make application to the Building Official and obtain the required permit. A permit application shall not be accepted unless it includes the appropriate approval from agencies or departments governing zoning, fire protection, water supply, wastewater treatment, drainage and access."
(6) Section 105.1.1, Annual permit, is deleted.
(7) Section 105.1.2, Annual permit records, is deleted.
(8) Section 106.2 is amended to read:
"106.2 Site plan. The construction documents submitted with the application for permit shall be accompanied by a site plan showing to scale the size and location of new construction and existing structures on the site, distances from lot lines, the established street grades and the proposed finished grades; and it shall be drawn in accordance with an accurate boundary line survey. In the case of demolition, the site plan shall show construction to be demolished and the location and size of existing structures and construction that are to remain on the site or plot. The site plan also must include location of utilities, private wells, individual sewage disposal systems, ditches, streams, rivers, lakes, slopes steeper than thirty (30) degrees, drainages, access locations, bridges and road grades. The Building Official is authorized to waive or modify the requirement for a site plan when the application is for alteration or repair or otherwise warranted."
(9) Section 106.3.2, Previous approvals, is deleted.
(10) Section 108.3 is deleted and replaced with the following language:
"108.3 Building permit valuations. Building permit valuations shall be established using the procedures outlined in Resolutions 2006-28 and 2006-39 as amended from time to time."
(11) The first paragraph of Section 110.2 is amended to read:
"110.2 Certificate issued. In order to ensure that a building or structure is in compliance with applicable municipal codes, no certificate of occupancy shall be issued or valid without prior review and approval of the City's Fire, Public Works, Utility and Planning Departments. Thereafter, and after the Building Official inspects the building or structure and finds no violations of the provisions of this code or other laws that are enforced by the department or building safety, the Building Official shall issue a certificate of occupancy that contains the following:"
(12) Section 110.3 is amended to read:
"110.3 Temporary occupancy. The Building Official is authorized to issue a temporary certificate of occupancy before the completion of the entire work covered by the permit, provided that such portion or portions shall be occupied safely as determined by the Building Official and the City's Fire, Public Works and Planning Departments. The Building Official, with the consensus of the City's Fire, Public Works and Planning Departments, shall set a time period during which the temporary certificate of occupancy is valid."
(13) Section 110.4 is amended to read:
"110.4 Revocation. The Building Official is authorized to, in writing, suspend or revoke a certificate of occupancy or completion issued under the provisions of this code wherever the certificate is issued in error or on the basis of incorrect information supplied, or where it is determined that the building or structure or portion thereof is in violation of any ordinance or regulation or any of the provisions of this code. A suspension or revocation may be initiated at the request of the City's Fire, Public Works or Planning Departments."
(14) Section 112 is amended to read:
"Section 112 Board of Appeals. All appeals to this code shall be made to the City of Salida Board of Appeals. The appeals process is described in Section 18-8-10 of the Salida Municipal Code."
(15) Section 202, Definitions, is amended by the addition of the following definitions that shall replace or supersede conflicting definitions therein:
"Design Professional. A Colorado State-licensed Architect or Engineer.
"Townhouse. A single-family dwelling constructed in a group of two or more attached units in which each unit extends from the foundation to the roof and with open space on at least two sides. A legal property line shall separate the units along the common walls."
(16) Section 901.1 is amended to read:
"901.1 Scope. The provisions of this Chapter shall specify where fire protection systems are required. The design, installation and operation of fire protection systems must be in compliance with Colorado state law."
(17) Section 901.2, Exception, is amended to read:
"Exception: Any fire protection system or portion thereof not required by this code shall be permitted to be installed for partial or complete protection, provided that such system meets the requirements of the fire official having jurisdiction."
(18) Section 1608.2 is amended to read:
"1608.2 Ground snow loads. The design snow loads for roofs shall be 40 pounds per square foot."
(19) Section 1609.3, Basic wind speed, is amended to read:
"1609.3 Basic wind speed. The basic wind speed, in mph, for the determination of the wind loads shall be determined by Figure 1609. Basic wind speed for the special wind regions indicated, near mountainous terrain and near gorges, shall be in accordance with local jurisdiction requirements. Basic wind speeds determined by the local jurisdiction shall be 90 mph for a three-second gust."
(20) Section 1805.2.1 is deleted and replaced with the following:
"1805.2.1 Frost protection. Depth of footing for frost protection shall be governed by Chaffee County Minimum Footing/Foundation Requirements. Such frost protection requirements shall be adopted by resolution of the City Council and may be amended from time to time."
(21) Section 2701.1 is amended to read:
"2701.1 Scope. This Chapter governs the electrical components, equipment and systems used in buildings and structures covered by this code. Electrical components, equipment and systems shall be designed and constructed in accordance with the provisions of the 2005 National Electrical Code."
(22) Section 3410.2 is amended to read:
"3410.2 Applicability. Structures existing prior to the effective date of adoption of building codes within the jurisdiction, in which there is work involving additions, alterations or changes of occupancy, shall be made to conform with the requirements of this section or the provisions of Sections 3403 through 3407. The provisions in Sections 3410.2.1 through 3410.2.5 shall apply to existing occupancies that will continue to be, or are proposed to be, in Groups A, B, E, F, M, R, S and U. These provisions shall not apply to buildings with occupancies in Group H or I."
It shall be unlawful for any person, owner, occupant or contractor to erect, construct, enlarge, alter, repair, move, improve, remove, rehabilitate, convert, demolish, use, occupy, equip or maintain any
building or structure in the City, or cause the same to be done, contrary to or in violation of any of the provisions of this Article and the IBC. Violations of this Article and/or the IBC shall be punishable by a fine not to exceed one thousand dollars ($1,000.00) or a term of imprisonment not to exceed ninety (90) days, or both such fine and imprisonment. A separate offense shall be deemed committed for each day, or portion of a day, that a violation of this Article occurs or continues unabated. (Ord. 2002-10; Ord. 01, 2005 §1; Ord. 2007-14 §1)
ARTICLE II
Residential Code
Sec. 18-2-10. Adoption.
Pursuant to Title 31, Article 16, Part 2, C.R.S., there is hereby adopted by reference Chapters 1 through 43 and Appendices A, B, G, H, J and O of the International Residential Code (IRC), 2006 Edition, published by the International Code Council, 500 New Jersey Avenue, NW, 6th Floor, Washington, DC 20001-2070, to have the same force and effect as if set forth herein in every particular. The subject matter of the adopted code includes comprehensive provisions and standards regulating the construction, alteration, movement, enlargement, replacement, repair, equipment, location, removal and demolition of detached one- and two-family dwellings and multiple single-family dwellings (townhouses) not more than three (3) stories in height with separate means of egress as herein provided; providing for the issuance of permits and collection of fees therefor; and each and all of the regulations, provisions, penalties, conditions and terms of said Residential Code as amended in Section 18-2-30 below. (Prior code 8-1-2; Ord. 2002-10; Ord. 01, 2005 §1; Ord. 2007-14 §2)
Sec. 18-2-20. Copy on file.
At least one (1) copy of the International Residential Code has been and is now on file in the office of the City Clerk and may be inspected by any interested person between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday, holidays excepted. The code as finally adopted shall be available for sale to the public through the office of the Building Official. (Ord. 01, 2005 §1; Ord. 2007-14 §2)
Sec. 18-2-30. Amendments.
The code adopted herein is hereby modified by the following amendments:
(1) Section R101.1 is amended to read:
"R101.1 Title. These regulations shall be known as the Residential Building Code for One- and Two-Family Dwellings of the City of Salida, will be cited as such and will be referred to herein as 'this code.' "
(2) Section R102.4, first paragraph, is amended to read:
"R102.4 Referenced codes and standards. The codes and standards referenced in this code shall be considered part of the requirements of this code to the prescribed extent of each such reference. Where differences occur between provisions of this code and referenced codes and standards, the provisions of this code shall apply. For structures built under the
provisions of the IRC, the requirements of Part VIII-Electrical shall be equivalent to the NEC. Any references in this code to the ICC Electrical Code shall instead refer to the 2005 NEC."
(3) Section R105.1 is amended to read:
"R105.1 Required. Any owner or authorized agent who intends to construct, enlarge, alter, repair, move, demolish or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any electrical, gas, mechanical or plumbing system, the installation of which is regulated by this code, or to cause any such work to be done, shall first make application to the Building Official and obtain the required permit. A permit application shall not be accepted unless it includes the appropriate approval from agencies or departments governing zoning, fire protection, water supply, wastewater treatment, drainage and access."
(4) Section R105.2, Building, is amended to read:
"R105.2 Work exempt from permit. Permits shall not be required for the following. Exemption from the permit requirements of this code shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this code or any other laws or ordinances of this jurisdiction.
"Building:
"1. One-story detached accessory structures used as tool and storage sheds, playhouses and similar uses, provided the floor area does not exceed 200 square feet (18.58 m²) with no sleeping use permitted.
"2. Fences not over 6 feet (1829 mm) high.
"3. Retaining walls that are not over 4 feet (1219 mm) in height measured from the bottom of the footing to the top of the wall, unless supporting a surcharge.
"4. Water tanks supported directly upon grade if the capacity does not exceed 5,000 gallons (18,927 L) and the ratio of height to diameter or width does not exceed 2 to 1. Fire and domestic cisterns require a cistern permit.
"5. Sidewalks and driveways and raised platforms and decks not more than 30 inches (762 mm) above adjacent grade.
"6. Painting, papering, tiling, carpeting, cabinets, countertops and similar finish work.
"7. Prefabricated swimming pools that are less than 24 inches (610 mm) deep.
"8. Swings and other playground equipment accessory to a one- or two-family dwelling.
"9. Window awnings supported by an exterior wall which do not project more than 54 inches (1372 mm) from the exterior wall and do not require additional support."
(5) Section R105.3.2, Time limitation of application, is deleted.
(6) Section R106.2 is amended to read:
"R106.2 Site plan. The construction documents submitted with the application for a permit shall be accompanied by a site plan showing to scale the size and location of new construction and existing structures on the site, distances from lot lines, the established street grades and the proposed finished grades. In the case of demolition, the site plan shall show construction to be demolished and the location and size of existing structures and construction that are to remain on the site or plot. The site plan also must include existing utilities, private wells, individual sewage disposal systems, ditches, streams, rivers, lakes, slopes steeper than 30 degrees, drainages, access locations, bridges and road grade. The Building Official is authorized to waive or modify the requirement for a site plan when the application is for alteration or repair or otherwise warranted."
(7) Section R108.3 is amended to read:
"R108.3 Building permit valuations. Building permit valuations shall be established using the procedures outlined in Resolutions 2006-28 and 2006-39 as amended from time to time."
(8) Section R109.1.1 is amended to read:
"R109.1.1 Foundation inspection. Inspection of the foundation shall be made after poles or piers are set or trenches or basement areas are excavated and any required forms erected and any required reinforcing steel is in place and supported prior to the placing of concrete. The foundation inspection shall include excavations for thickened slabs intended for the support of bearing walls, partitions, structural supports or equipment and special requirements for wood foundations. After initial pre-pour inspection, the Building Official may allow photo documentation of corrections for defects in lieu of a re-inspection prior to pour, provided the inspection report states photo documents will be permitted."
(9) Section R110.1, Exception #2, is amended to read:
"2. Accessory buildings or structures without habitable space or decks, porches or minor remodels (remodels other than room additions)."
(10) The first paragraph of Section R110.2 is amended to read:
"R110.2 Certificate issued. In order to ensure that a building or structure is in compliance with applicable municipal codes, no certificate of occupancy shall be issued or valid without prior review and approval of the City's Fire, Public Works, Utility and Planning Departments. Thereafter, and after the Building Official inspects the building or structure and finds no violations of the provisions of this code or other laws that are enforced by the department or building safety, the Building Official shall issue a certificate of occupancy that contains the following:"
(11) Section R110.3 is amended to read:
"R110.3 Temporary occupancy. The Building Official is authorized to issue a temporary certificate of occupancy before the completion of the entire work covered by the permit, provided that such portion or portions shall be occupied safely as determined by the Building Official and the City's Fire, Public Works and Planning Departments. The Building Official, with the consensus of the City's Fire, Public Works and Planning Departments, shall set a time period during which the temporary certificate of occupancy is valid."
(12) Section R110.4 is amended to read:
"R110.4 Revocation. The Building Official is authorized to, in writing, suspend or revoke a certificate of occupancy or completion issued under the provisions of this code wherever the certificate is issued in error or on the basis of incorrect information supplied, or where it is determined that the building or structure or portion thereof is in violation of any ordinance or regulation or any provisions of this code. A suspension or revocation may be initiated at the request of the City's Fire, Public Works or Planning Departments."
(13) Section R112.1 is amended to read:
"R112.1 General. All appeals to this code shall be made to the City of Salida Board of Appeals. The appeals process is described in Section 18-8-10 of the Salida Municipal Code."
(14) Section R202, Definitions, is amended by the addition of the following definitions that shall replace or supersede conflicting definitions therein:
"Design Professional. A Colorado State-licensed architect or engineer.
"Townhouse. A single-family dwelling constructed in a group of two or more attached units in which each unit extends from the foundation to the roof and with open space on at least two sides. A legal property line shall separate the units along the common walls."
(15) Table R301.2(1), Climatic and Geographic Design Criteria, is amended to read:
TABLE R301.2(1)
CLIMATIC AND GEOGRAPHIC DESIGN CRITERIA
Ground
Snow
Load
Wind
Speedd
Seismic
Design
Categoryf
Subject to Damage From Winter
Design
Tempe
Ice Barrier
Underlayment
Requiredh
Flood
Hazardsg
Air
Freezing
Indexi
Mean
Annual
Tempj Weatheringa Frost line depthb Termitec
40 lbs. per sq.
ft.
90 mph, 3-sec. gust
C Severe Varies — See Chaffee County
Footing/Foundation Requirements
None to Slight
(-16° Farenheit)
No Varies — See FEMA maps
1166 43.9 ° Fahrenheit
(16) Section R311.5.3.3, Exceptions, shall have the following added:
"3. Interior risers may allow passage of a 6-inch diameter sphere."
(17) Section R312.2, Exceptions, shall have the following added:
"3. A 6-inch sphere for exterior decks and balconies shall be permitted upon written request and approval by the Building Official."
(18) Section R319.1.4 is amended to read:
"R319.1.4 Wood columns. Wood columns shall be approved wood of natural decay resistance or approved pressure-preservative-treated wood. Heavy timber or log columns may be used when approved by the Building Official."
(19) Section R320, Protection against subterranean termites, is deleted in its entirety.
(20) Section R322.1 is amended to read:
"R322.1 Scope. Where there are seven or more dwelling units or sleeping units in a single structure, the provisions of Chapter 11 of the International Building Code for Group R-3 shall apply."
(21) Section R402.1 is amended to read:
"R402.1 Wood foundations. Wood foundation systems shall be designed by a licensed design professional in accordance with Chapter 4 of this code and shall have prior approval of the Building Official."
(22) Section R403 is amended to begin with the following statement:
"The Chaffee County Minimum Footing/Foundation Requirements as adopted by resolution of the City Council shall be used to construct such footings and foundations described in this section, or a design professional may use the provisions of this Section to design these elements."
(23) Section R403.1.4 is amended to include the following Exception:
"Exception: Where top soil and vegetation have been removed and soils are stable and included in Group I or II of Table R405.1, footings are not required to be 12 inches into undisturbed ground."
(24) Section R404.4.7.1 is amended to include the following Exception:
"Exception: ICF walls of detached accessory buildings and garages without habitable space and attached garages with a 1-hour separation from the dwelling do not require a thermal barrier."
(25) Section R408.4 is amended to read:
"R408.4 Access. Access shall be provided to all underfloor spaces. Access openings through the floor shall be a minimum of 18 inches by 24 inches (457 mm by 610 mm). Openings through a perimeter wall shall be not less than 16 inches by 24 inches (407 mm by 610 mm). When any portion of the through-wall access is below grade, an areaway not less than 16 inches by 24 inches (407 mm by 610 mm) shall be provided. The bottom of the
areaway shall be below the threshold of the access opening. Through-wall access openings shall not be located under a door to the residence. See Section M1305.1.4 for access requirements where mechanical equipment is located under floors. An unobstructed pathway from the access to each remote end of structure must be maintained, in addition to an 18-inch clearance throughout."
(26) Section M1503.1 is amended to read:
"M1503.1 General. In spaces where a gas outlet is provided for a range, hoods or down draft vents shall be installed at ranges and shall discharge to the outdoors through a single-wall duct. The duct serving the hood shall have a smooth interior surface, shall be air-tight and shall be equipped with a backdraft damper. Ducts serving range hoods shall not terminate in an attic or crawlspace or areas inside the building."
(27) The first paragraph of Section G2406.2(303.3) is amended to read:
"G2406.2(303.3) Prohibited locations. Appliances shall not be located in sleeping rooms, bathrooms, toilet rooms, storage closets or surgical rooms, or in a space that opens only into such rooms or spaces, except with prior approval of the Building Official and where the installation complies with one of the following:"
(28) Section G2411.1(310.1) shall read as amended:
"G2411.1(310.1) Gas pipe bonding. As required by E3509.7."
(29) Section G2414.5.2(403.5.2) shall read as amended:
"G2414.5.2(403.5.2) Copper tubing. Copper tubing, fittings or pipe shall not be installed downstream of the riser."
(30) Section G2415.4(404.4) shall read as amended:
"G2415.4(404.4) Piping through foundation wall. Underground piping, where installed below grade through the outer foundation or basement wall of a building, shall be encased in a protective pipe sleeve. The annular space between the gas piping and the sleeve shall be sealed. Gas piping shall daylight immediately prior to penetrating the foundation."
(31) Section G2427.8(503. 8) #3 shall read as amended:
"3. The vent terminal of a direct-vent appliance with an input of 10,000 Btu per hour (3 kW) or less shall be located at least 6 inches (152 mm) from any air opening into a building, and such an appliance with an input over 10,000 Btu per hour (3 kW) but not over 50,000 Btu per hour (14.7 kW) shall have at least a 12-inch (305 mm) vent termination clearance. The bottom of the vent terminal and the air intake shall be located at least 18 inches above grade."
(32) Section P2708.1, Exception #2, is deleted.
(33) Section E3501.3 shall read as amended:
"E3501.3. One building or other structure not to be supplied through another. Service conductors supplying a building or other structure shall not pass through the interior of another building or other structure. Townhomes shall be considered separate structures."
(34) Section E3501.6.2 shall read as amended:
"E3501.6.2 Service disconnect location. The service disconnecting means shall be installed at a readily accessible location outside of a building at the point of entrance of the service conductors or at the location of the meter, transformer or pedestal when approved by the authority having jurisdiction."
(Ord. 2002-10; Ord. 2007-14 §2)
Sec. 18-2-40. Violations, penalties.
It shall be unlawful for any person, owner, occupant or contractor to erect, construct, enlarge, alter, repair, move, improve, remove, rehabilitate, convert, demolish, use, occupy, equip or maintain any building or structure in the City, or cause the same to be done, contrary to or in violation of any of the provisions of this Article and the IRC. Violations of this Article and/or the IRC shall be punishable by a fine not to exceed one thousand dollars ($1,000.00) or a term of imprisonment not to exceed ninety (90) days, or both such fine and imprisonment. A separate offense shall be deemed committed for each day, or portion of a day, that a violation of this Article occurs or continues unabated. (Prior code 8-1-2; Ord. 2002-10; Ord. 01, 2005 §1; Ord. 2007-14 §2)
ARTICLE III
Fire Code
Sec. 18-3-10. Adoption.
Pursuant to Title 31, Article 16, Part 2, C.R.S., there is hereby adopted by reference the International Fire Code, including Appendix Chapters B, C, D, E, F and G, (IFC), 2006 Edition, published by the International Code Council, to have the same force and effect as if set forth herein in every particular; provided, however, that such code shall be amended by the changes set forth in Section 18-3-30 below. (Prior code 8-1-3; Ord. 15, 2003 §1; Ord. 01, 2005 §1; Ord. 13, 2007 §1)
Sec. 18-3-20. Copy on file.
At least one (1) copy of the International Fire Code, certified to be a true copy, has been and is now on file in the office of the City Clerk and may be inspected by any interested person between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday, holidays excepted. The code as finally adopted shall be available for sale to the public through the office of the City Clerk at a moderate price. (Prior code 8-1-3; Ord. 01, 2005 §1; Ord. 13, 2007 §1)
Sec. 18-3-30. Amendments.
The 2006 International Fire Code, as adopted by the City in this Article, shall be amended or modified by the following amendments:
(1) Section 101.1 is amended to read:
"101.1 Title. These regulations shall be known as the Fire Code of the City of Salida, hereinafter referred to as 'this code.' "
(2) Section 102.5 is amended to read:
"102.5 Historic buildings. The provisions of this code relating to the construction, alteration, repair, enlargement, restoration, relocation or moving of buildings or structures shall not be mandatory for existing buildings or structures identified and classified by the state or local jurisdiction as historic buildings when such buildings or structures do not constitute a distinct hazard to life or property. Fire protection in designated historic buildings and structures shall be provided in accordance with an approved fire protection plan developed in accordance with the provisions of the 2006 International Existing Building Code."
(3) Section 102.9 is amended to read:
"102.9 Conflicting provisions. Where there is a conflict between a general requirement and a specific requirement, the specific requirement shall be applicable. If the Fire Code is in conflict with the existing municipal codes regarding street standards, the Salida Municipal Code will take precedence."
(4) Section 104 is amended to add:
"104.12 User fees. User fees may be instituted and collected as established by a fee schedule and as approved by resolution."
(5) Section 105, Permits, is amended as follows:
a. Sections 105.6.1 through 105.6.13 shall be deleted.
b. Section 105.6.14 shall be maintained as written.
c. Sections 105.6.15 through 105.6.29 shall be deleted.
d. Section 105.6.30 shall be amended as follows:
"105.6.30 Open burning. An operational permit is required for the kindling or maintaining of an open fire, for agricultural purposes, on any public or private ground. Instructions and stipulations of the permit shall be adhered to."
e. Sections 105.6.31 through 105.7.13 shall be deleted.
(6) Section 108, Board of Appeals, is amended to read:
"108 Board of Appeals. The Board of Appeals established by Chapter 18, Article X of the Salida Municipal Code shall act, pursuant to the provisions and regulations spelled out in Chapter 18, Article X of the Salida Municipal Code, as the Board of Appeals for the IFC."
(7) Section 109.3 is amended to read:
"109.3 Violation, penalties. Persons who shall violate a provision of this code or shall fail to comply with any of the requirements thereof or who shall erect, install, alter, repair or do work in violation of the approved construction documents or directive of the code official, or of a permit or certificate used under provisions of this code, shall be guilty of a misdemeanor, punishable by a fine of not more than one thousand dollars ($1,000.00) or by imprisonment not exceeding ninety (90) days, or both such fine and imprisonment. Each day that a violation continues after due notice has been served shall be deemed a separate offense."
(8) Section 111.4 is amended to read:
"111.4 Failure to comply. Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be liable to a fine of not less than one hundred dollars ($100.00) or more than one thousand dollars ($1,000.00)."
(9) Section 307.1 is amended to read:
"307.1 General. A person shall not kindle or maintain or authorize to be kindled or maintained any open burning unless burning is for agricultural purposes and is in accordance with this section."
(10) Section 307.1.1 is amended to read:
"307.1.1 Prohibited open burning. Open burning that will be offensive or objectionable due to smoke or odor emissions when atmospheric conditions or local circumstances make such fires hazardous shall be prohibited."
(11) Section 307.4 is amended to read:
"307.4 Location. The location for any open burning shall not be less than 50 ft (15,240 mm) from any structure, and provisions shall be made to prevent the fire from spreading to within 50 ft (15,240 mm) of any structure."
The Exceptions are deleted.
(12) Section 307.4.1 is deleted in its entirety.
(13) Section 307.4.2 is deleted in its entirety.
(14) Section 308.3, Open flames, is deleted in its entirety.
(15) Section 901.2 is amended to read:
"901.2 Construction documents. The Colorado Department of Public Safety shall have the authority to require construction documents and calculations for all fire protection systems and to require permits be issued for the installation, rehabilitation or modification of
any fire protection system. Construction documents for fire protection systems shall be submitted for review and approval prior to system installation."
(16) Section 901.2.1 is amended to read:
"901.2.1 Statement of compliance. Before requesting final approval of the installation, where required by the Colorado Department of Public Safety, the installing contractor shall furnish a written statement to the Colorado Department of Public Safety that the subject fire protection system has been installed in accordance with approved plans and has been tested in accordance with the manufacturer's specifications and the appropriate installation standard. Any deviations from the design standards shall be noted, and copies of the approvals for such deviations shall be attached to the written statement."
The Fire Chief shall enforce this Article and may issue summonses and complaints for violations of this Article on his or her own authority, or may request that summonses and complaints be issued by any police officer. (Prior code 8-1-3; Ord. 15, 2003 §1; Ord. 13, 2007 §1)
Sec. 18-3-50. Violations, penalties.
The Municipal Court shall have jurisdiction to hear all violations of this Article and, in the event that a violation is of a continuing nature, each day during which such violation continues shall be deemed a separate offense, subject to fine and/or imprisonment for each such separate offense pursuant to Section 109.3 of the IFC. (Ord. 15, 2003 §1; Ord. 01, 2005 §1; Ord. 13, 2007 §1)
Sec. 18-3-60. Establishing limits.
Sections 3204.3.1.1, 3404.2.9.5.1, 3406.2.4.4 and 3804.2 of the IFC reference limits established by this Article as the limits of districts in which storage is prohibited. In all of those cases, the limits of the district in which such storage is prohibited shall be the City limits. (Ord. 15, 2003 §1; Ord. 13, 2007 §1)
ARTICLE IV
Existing Building Code
Sec. 18-4-10. Adoption.
Pursuant to Title 31, Article 16, Part 2, C.R.S., there is hereby adopted by reference Chapters 1 through 15 and Appendix B of the International Existing Building Code (IEBC), 2006 Edition, published by the International Code Council, 500 New Jersey Avenue, NW, 6th Floor, Washington, DC 20001-2070, to have the same force and effect as if set forth herein in every particular. The subject matter of the adopted code includes comprehensive provisions and standards regulating the repair, alteration, change of occupancy, addition and relocation of existing buildings, including historic buildings, as herein provided; providing for the issuance of permits and collection of fees therefor; and each and all of the regulations,
provisions, penalties, conditions and terms of said Existing Building Code as amended in Section 18-4-30 below. (Ord. 2000-08 §1; Ord. 01, 2005 §1; Ord. 2007-14 §3)
Sec. 18-4-20. Copy on file.
At least one (1) copy of the International Existing Building Code has been and is now on file in the office of the City Clerk and may be inspected by any interested person between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday, holidays excepted. The code as finally adopted shall be available for sale to the public through the office of the Building Official. (Ord. 2000-08 §1; Ord. 01, 2005 §1; Ord. 2007-14 §3)
Sec. 18-4-30. Amendments.
The code adopted herein is hereby modified by the following amendments:
(1) Section 101.1 is amended to read:
"101.1 Title. These regulations shall be known as the Existing Building Code of the City of Salida, will be cited as such and will be referred to herein as 'this code.' "
(2) The first paragraph of Section 110.2 is amended to read:
"110.2 Certificate issued. In order to ensure that a building or structure is in compliance with applicable municipal codes, no certificate of occupancy shall be issued or valid without prior review and approval of the City's Fire, Public Works, Utility and Planning Departments. Thereafter, and after the Building Official inspects the building or structure and finds no violations of the provisions of this code or other laws that are enforced by the department or building safety, the Building Official shall issue a certificate of occupancy that contains the following:"
(3) Section 110.3 is amended to read:
"110.3 Temporary occupancy. The Building Official is authorized to issue a temporary certificate of occupancy before the completion of the entire work covered by the permit, provided that such portion or portions shall be occupied safely as determined by the Building Official and the City's Fire, Public Works and Planning Departments. The Building Official, with the consensus of the City's Fire, Public Works and Planning Departments, shall set a time period during which the temporary certificate of occupancy is valid."
(4) Section 110.4 is amended to read:
"110.4 Revocation. The Building Official is authorized to, in writing, suspend or revoke a certificate of occupancy or completion issued under the provisions of this code wherever the certificate is issued in error or on the basis of incorrect information supplied, or where it is determined that the building or structure or portion thereof is in violation of any ordinance or regulation or any provisions of this code. A suspension or revocation may be initiated at the request of the City's Fire, Public Works or Planning Departments."
(5) Section 112 is amended to read:
"Section 112 Board of Appeals. All appeals to this code shall be made to the City of Salida Board of Appeals. The appeals process is described in Section 18-8-10 of the Salida Municipal Code."
It shall be unlawful for any person, owner, occupant or contractor to erect, construct, enlarge, alter, repair, move, improve, remove, rehabilitate, convert, demolish, use, occupy, equip or maintain any building or structure in the City, or cause the same to be done, contrary to or in violation of any of the provisions of this Article and the IEBC. Violations of this Article and/or the IEBC shall be punishable by a fine not to exceed one thousand dollars ($1,000.00) or a term of imprisonment not to exceed ninety (90) days, or both such fine and imprisonment. A separate offense shall be deemed committed for each day, or portion of a day, that a violation of this Article occurs or continues unabated. As an alternate remedy, after complying with the Notice and Order provisions of IPMC Section 107, the City shall have the right, but not the obligation, to enter the violating property and conduct repairs and/or maintenance necessary to abate a non-emergency violation. The City Administrator shall prepare a statement enumerating the actual costs of abatement and collection plus a surcharge of ten percent (10%) of the abatement costs to cover inspection and other administrative costs. Such charge shall be payable by the owners at the time of the assessment, personally, and also shall be a perpetual lien upon the respective lots or parcels served relating back to the date upon which the abatement actions were performed. Any such lien may be foreclosed in the same manner as provided by the laws of this state for the foreclosure of mechanics’ liens. (Ord. 2000-08 §1; Ord. 01, 2005 §1; Ord. 14, 2007 §3; Ord. 10, 2010 §2)
ARTICLE V
Plumbing Code
Sec. 18-5-10. Adoption.
Pursuant to Title 31, Article 16, Part 2, C.R.S., there is hereby adopted by reference Chapters 1 through 13 and Appendices C, E and F of the International Plumbing Code (IPC), 2006 Edition, published by the International Code Council, 500 New Jersey Avenue, NW, 6th Floor, Washington, DC 20001-2070, including Appendix E, to have the same force and effect as if set forth herein in every particular. The subject matter of the adopted code includes comprehensive provisions and standards regulating the design, construction, quality of materials, erection, installation, alteration, repair, location, replacement, addition to, use or maintenance of plumbing systems as herein provided; providing for the issuance of permits and collection of fees therefor; and each and all of the regulations, provisions, penalties, conditions and terms of said Plumbing Code as amended in Section 18-5-30 below. (Prior code 8-1-1; Ord. 2002-10; Ord. 01, 2005 §1; Ord. 2007-14 §4)
Sec. 18-5-20. Copy on file.
At least one (1) copy of the International Plumbing Code has been and is now on file in the office of the City Clerk and may be inspected by any interested person between the hours of 8:00 a.m. and 5:00
p.m., Monday through Friday, holidays excepted. The code as finally adopted shall be available for sale to the public through the office of the Building Official. (Ord. 01, 2005 §1; Ord. 2007-14 §4)
Sec. 18-5-30. Amendments.
The code adopted herein is hereby modified by the following amendments:
(1) Section 101.1 is amended to read:
"101.1 Title. These regulations shall be known as the International Plumbing Code of the City of Salida, will be cited as such and will be referred to herein as 'this code.' "
(2) Section 109 is amended to read:
"109 Means of appeal. All appeals to this code shall be made to the City of Salida Board of Appeals. The appeals process is described in Section 18-8-10 of the Salida Municipal Code."
(3) Section 417.4, Exception, is deleted in its entirety.
It shall be unlawful for any person, owner, occupant or contractor to erect, construct, enlarge, alter, repair, move, improve, remove, rehabilitate, convert, demolish, use, occupy, equip or maintain any building or structure in the City, or cause the same to be done, contrary to or in violation of any of the provisions of this Article and the IPC. Violations of this Article and/or the IPC shall be punishable by a fine not to exceed one thousand dollars ($1,000.00) or a term of imprisonment not to exceed ninety (90) days, or both such fine and imprisonment. A separate offense shall be deemed committed for each day, or portion of a day, that a violation of this Article occurs or continues unabated. (Ord. 2002-10; Ord. 01, 2005 §1; Ord. 2007-14 §4)
ARTICLE VI
Mechanical Code
Sec. 18-6-10. Adoption.
Pursuant to Title 31, Article 16, Part 2, C.R.S., there is hereby adopted by reference Chapters 1 through 15 and Appendix A of the International Mechanical Code (IMC), 2006 Edition, published by the International Code Council, 500 New Jersey Avenue, NW, 6th Floor, Washington, DC 20001-2070, to have the same force and effect as if set forth herein in every particular. The subject matter of the adopted code includes comprehensive provisions and standards regulating the design, construction, quality of materials, erection, installation, alteration, repair, location, replacement, addition to, use or maintenance of mechanical systems as herein provided; providing for the issuance of permits and collection of fees therefor; and each and all of the regulations, provisions, penalties, conditions and terms of said
Mechanical Code as amended in Section 18-6-30 below. (Prior code 8-1-1; Ord. 2002-10; Ord. 01, 2005 §1; Ord. 2007-14 §5)
Sec. 18-6-20. Copy on file.
At least one (1) copy of the International Mechanical Code has been and is now on file in the office of the City Clerk and may be inspected by any interested person between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday, holidays excepted. The code as finally adopted shall be available for sale to the public through the office of the Building Official. (Ord. 01, 2005 §1; Ord. 2007-14 §5)
Sec. 18-6-30. Amendments.
The code adopted herein is hereby modified by the following amendments:
(1) Section 101.1 is amended to read:
"101.1 Title. These regulations shall be known as the International Mechanical Code of the City of Salida, will be cited as such and will be referred to herein as 'this code.' "
(2) Section 109 is amended to read:
"109 Means of appeal. All appeals to this code shall be made to the City of Salida Board of Appeals. The appeals process is described in Section 18-8-10 of the Salida Municipal Code."
(3) Section 505.1 is amended to read:
"505.1 Domestic systems. Where a gas outlet is supplied for domestic ranges and similar appliances, such appliances shall have a means to exhaust fumes and vapors to the outside. Where domestic range hoods and domestic appliances equipped with downdraft exhaust are located within dwelling units, such hoods and appliances shall discharge to the outdoors through sheet metal ducts constructed of galvanized steel, stainless steel, aluminum or copper. Such ducts shall have smooth inner walls and shall be air-tight and equipped with a backdraft damper."
(Ord. 2002-10; Ord. 01, 2005 §1; Ord. 2007-14 §5)
Sec. 18-6-40. Violations, penalties.
It shall be unlawful for any person, owner, occupant or contractor to erect, construct, enlarge, alter, repair, move, improve, remove, rehabilitate, convert, demolish, use, occupy, equip or maintain any building or structure in the City, or cause the same to be done, contrary to or in violation of any of the provisions of this Article and the IMC. Violations of this Article and/or the IMC shall be punishable by a fine not to exceed one thousand dollars ($1,000.00) or a term of imprisonment not to exceed ninety (90) days, or both such fine and imprisonment. A separate offense shall be deemed committed for each day, or portion of a day, that a violation of this Article occurs or continues unabated. (Ord. 2002-10; Ord. 01, 2005 §1; Ord. 2007-14 §5)
ARTICLE VII
Electrical Code
Sec. 18-7-10. Adoption.
Pursuant to Title 31, Article 16, Part 2, C.R.S., there is hereby adopted by reference Article 90 and Chapters 1 through 9 of the National Electrical Code (NEC), 2005 Edition, published by the National Fire Protection Association, 1 Batterymarch Park, Quincy, MA 02169-7471, to have the same force and effect as if set forth herein in every particular. The subject matter of the adopted code includes comprehensive provisions and standards regulating the design, construction, quality of materials, erection, installation, alteration, repair, location, replacement, addition to, use or maintenance of electrical systems as herein provided; providing for the issuance of permits and collection of fees therefor; and each and all of the regulations, provisions, penalties, conditions and terms of said Electrical Code as amended in Section 18-7-30 below. (Prior code 8-1-1; Ord. 2002-10; Ord. 01, 2005 §1; Ord. 2007-14 §6)
Sec. 18-7-20. Copy on file.
At least one (1) copy of the National Electrical Code has been and is now on file in the office of the City Clerk and may be inspected by any interested person between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday, holidays excepted. The code as finally adopted shall be available for sale to the public through the office of the Building Official. (Ord. 01, 2005 §1; Ord. 2007-14 §6)
Sec. 18-7-30. Amendments.
The code adopted herein is hereby modified by the following amendments:
(1) Section 90.8(C) is added and will read:
"90.8(C). Electrical plans shall be submitted with the building permit and shall include service and feeder circuit size and load calculations and identify use of branch circuits to show compliance with the Code."
(2) Section 230.70(A)(1) is amended to read:
"230.70(A)(1) Readily accessible location. The service disconnecting main shall be installed at a readily accessible location outside of a building or structure at the point of entrance of the service conductors or at the location of the meter, transformer or pedestal when approved by the authority having jurisdiction."
(3) The first paragraph of Section 334.10 is amended to read:
"334.10 Uses permitted. Type NM, Type NMC and Type NMS cables shall be permitted to be used in the following when approved by the Building Official. Item (1) below does not require prior approval."
(Ord. 2002-10; Ord. 01, 2005 §1; Ord. 2007-14 §6)
Sec. 18-7-40. Violations, penalties.
It shall be unlawful for any person, owner, occupant or contractor to erect, construct, enlarge, alter, repair, move, improve, remove, rehabilitate, convert, demolish, use, occupy, equip or maintain any building or structure in the City, or cause the same to be done, contrary to or in violation of any of the provisions of this Article and the NEC. Violations of this Article and/or the NEC shall be punishable by a fine not to exceed one thousand dollars ($1,000.00) or a term of imprisonment not to exceed ninety (90) days, or both such fine and imprisonment. A separate offense shall be deemed committed for each day, or portion of a day, that a violation of this Article occurs or continues unabated. (Ord. 2002-10; Ord. 01, 2005 §1; Ord. 2007-14 §6)
ARTICLE VIII
Appeals Process
Sec. 18-8-10. Appeal.
An order, decision or interpretation based upon any of the codes adopted by this Chapter may be appealed to the Board of Appeals. (Ord. 2002-10)
Sec. 18-8-20. Appeal contents.
The appeal shall be in the form of a written letter of appeal submitted to the Community Development Director within forty-five (45) days of the date of the order, decision or interpretation. Such notice shall identify the date and nature of the order, decision or interpretation at issue and set forth in plain and concise language the:
(1) Facts and reasons. The facts and reasons for the appeal, including any relevant citations to any rule, regulation or code section relied upon.
(2) Copy. A copy of the order, decision or interpretation being appealed if the same was issued in writing. (Ord. 2002-10)
Sec. 18-8-30. Actions following receipt of appeal.
Upon receipt of the appeal, the Community Development Director shall notify the Building Official and schedule the appeal for a regular or special meeting before the Board of Appeals within a maximum time frame of thirty-one (31) days. (Ord. 2002-10)
Sec. 18-8-40. Notice.
Written notice of the time, date and location of the hearing shall be delivered not less than one (1) day prior to the hearing to the appellant and the Building Official. (Ord. 2002-10)
Sec. 18-8-50. Decision by appeal body.
All decisions on appeal shall be reduced to writing, contain a concise listing of facts and reasons supporting the same and be promptly mailed by regular mail to the applicant. The burden of persuasion
on appeal shall rest with the appellant; and the unexcused absence of the appellant from the appeal hearing, absent good and just cause at the discretion of the appeal body, shall result in the dismissal of the appeal, and no further action shall be taken thereon. All decisions on appeal shall be final and may be appealed to the District Court as provided for in Colorado Rules of Civil Procedure. (Ord. 2002-10)
ARTICLE IX
Enforcement
Sec. 18-9-10. Civil enforcement.
It is unlawful for any premises to be in violation of the building or occupancy codes adopted by this Chapter, or to have upon said premises construction which has been created, commenced or carried out or is being carried out without a proper permit as provided for by said codes. The City may bring a civil suit in the State Court whose general jurisdiction includes the City for an order that said premises be brought into compliance with applicable code provisions and/or prohibiting the use of said premises for any purposes until such time as said premises are in compliance with applicable code provisions. The civil proceeding shall be a proceeding in rem and shall be deemed to relate to the particular premises involved in the code violations. The owners and occupants of the premises shall be summoned into court in the manner provided for by the Colorado Rules of Civil Procedure. The order issued by the Court shall be enforceable only to the extent of the value of the premises. Enforcement of orders issued may include the forfeiture of the premises to the City or an order that the premises be sold at public auction in order to pay fines and costs levied against the owners or occupants for violation of Court orders. In any such civil suit, the City shall be entitled to recover its costs and attorneys' fees, and all such costs, fees and all fines levied by the Court shall constitute a lien upon the premises. (Prior code 8-1-6; Ord. 2002-10)
Sec. 18-9-20. Enforcement as nuisance.
It is a public nuisance for a premises to exist or to be used contrary to the terms of the building and occupancy codes adopted by this Chapter, or for there to be construction in place or in progress upon any premises contrary to the terms of said codes adopted by this Chapter. The City may seek relief from said public nuisances by civil suit brought in the State Court of general jurisdiction whose venue includes the County under the law generally provided for the abatement of nuisances. If such public nuisances are of such a nature as to pose an immediate threat to the public health, safety and welfare, the City may abate them in the same manner provided for the abatement of nuisances in Chapter 7, Article I of this Code. (Prior code 8-1-6; Ord. 2002-10; Ord. 01, 2005 §1)
Sec. 18-9-30. Remedies not exclusive.
The remedies provided in this Article shall not be exclusive, and this Article shall not be deemed to prohibit the use of remedies provided for in the various building and occupancy codes adopted by this Chapter. (Prior code 8-1-6; Ord. 2002-10)
ARTICLE X
Board of Appeals
Sec. 18-10-10. Establishment.
There is hereby created and established the Board of Appeals which shall exercise the powers and responsibilities as set forth in this Article. (Ord. 2002-10)
Sec. 18-10-20. Membership and organization.
The Board of Appeals shall consist of five (5) regular members and up to two (2) alternate members who shall be appointed by the Mayor, the appointment of whom shall be confirmed by a majority of City Council, to serve staggered three-year terms. Board members, inclusive of alternates, must be residents and qualified electors of the City. Alternate members shall perform all of the duties of a regular member in the absence or disqualification of a regular member from a meeting of the Board. A member may continue to serve the Board until his or her successor is appointed and assumes office. Members may be reappointed to serve successive terms without limitation. (Ord. 2002-10)
Sec. 18-10-30. Terms.
Upon the establishment of the Board of Appeals as herein provided, two (2) members shall serve an initial term of three (3) years, two (2) members shall serve an initial term of two (2) years, and one (1) member shall serve an initial term of one (1) year. Persons initially appointed as alternate members shall serve a term of three (3) years. (Ord. 2002-10)
Sec. 18-10-40. Vacancies.
Vacancies on the Board of Appeals shall be filled by appointment made by the City Council to serve out unexpired member terms. (Ord. 2002-10)
Sec. 18-10-50. Removal from office.
Members may be removed from office for chronic absenteeism or for other good cause as determined by the City Council upon written notice. For purposes of this Article, chronic absenteeism shall mean three (3) or more consecutive unexcused absences from Board meetings, or absences from more than fifty percent (50%) of the Board’s meetings in any twelve-month period. (Ord. 2002-10)
Sec. 18-10-60. Meetings.
All meetings of the Board of Appeals shall be subject to the requirements of the Colorado Open Meetings Law. Not less than three (3) members must be present at a regular or special meeting to transact business, and all questions coming before the Board shall be decided by simple majority vote of all those present. All votes shall be recorded by ayes and nays, except that a roll call vote shall be conducted upon the request of any member. A tie vote shall be deemed a denial of the matter voted upon. (Ord. 2002-10)
Sec. 18-10-70. Rules of procedure.
The Board of Appeals shall adopt such rules of procedure as it deems necessary to conduct business. The Board shall elect a Chairperson and a Vice Chairperson from among its members by majority vote. The Chairperson and the Vice Chairperson so elected shall serve terms of one (1) year and may be reelected to office without limitation. (Ord. 2002-10)
Sec. 18-10-80. Minutes.
Minutes of all regular and special meetings and resolutions passed by the Board of Appeals shall be authenticated by the presiding officer and timely recorded in an official book kept for that purpose by the City. Meeting minutes shall be maintained in writing or by electronic recording device. (Ord. 2002-10)
Sec. 18-10-90. Special meetings.
The Board of Appeals may, by majority vote, set and conduct special meetings from time to time in addition to conducting regular meetings. The date, time, location and agenda for any special meeting shall be publicly posted and/or published in accordance with the requirements of the Colorado Open Meetings Law. (Ord. 2002-10)
Sec. 18-10-100. Powers and duties.
The Board of Appeals shall have the following powers and duties: to reverse or affirm, wholly or in part, or modify the order, requirement, decision, interpretation or determination of the Building Official pursuant to the provisions of Article VIII of this Chapter. (Ord. 2002-10)
ARTICLE XI
House Numbers
Sec. 18-11-10. Numbers required; placement.
It is hereby made the duty of all owners and occupants of houses and buildings situate in the corporate limits of the City to number the same within thirty (30) days after being notified so to do by the City Clerk, in the manner hereinafter directed, and by securely fastening a metal plate or sign bearing the figures necessary to indicate the proper number of such house or building over the front door thereof. (Prior code 8-2-1)
Sec. 18-11-20. Method of numbering houses.
The proper number to be affixed to each of such houses and buildings shall be ascertained and determined in the following manner:
(1) By beginning at that certain street in the City known as "F" Street, and numbering all houses and buildings fronting upon streets running at right angles therewith in accordance with what is known as the decimal system, and by regularly increasing numbers, according to the distance from said "F" Street, allowing one (1) number to each twelve and one-half (12½) feet of space in each block, exclusive of alleys. The numbers in each block shall begin with 101 and 102,
201 and 202, 301 and 302, etc., according to whether the same is the first, second or third, etc., block from "F" Street. On all streets or avenues running northerly and southerly, even numbers shall be placed on the west side, and on all streets and avenues running easterly and westerly, the even numbers shall be placed on the north side. The odd numbers alternating in each case shall be placed on the side of the street opposite to that on which the even numbers are to be placed, as aforesaid.
(2) The houses and buildings situate upon "F" Street, and upon all other streets running parallel or nearly parallel therewith, shall be numbered by the same method and in the same method and in the same manner, using that certain street in the City known as First Street as a base or starting point.
(3) All stairways in business blocks shall be numbered with half numbers such 150½, 250½, etc.
(4) The number which, by proper computation and measurements made in accordance with the foregoing provisions, falls to any house or building in the City, shall thenceforth be and remain the proper and official number thereof. (Prior code 8-2-2)
Sec. 18-11-30. Size of numbers.
The figures used to indicate the number of each house or building in the City, and to be placed upon the metal plates or signs mentioned in Section 18-11-10 above, shall each be at least three (3) inches in height and so inscribed and placed as to be plainly visible from the street upon which the house or building bearing the number is situated. (Prior code 8-2-3)
Sec. 18-11-40. Administration of provisions.
(a) The City Council shall, by resolution, appoint a suitable person to make the necessary measurements and computations, to assign each house or building its proper number and, if so desired, to furnish the metal plate or sign with the appropriate number inscribed thereon as hereinbefore provided, at a cost not exceeding twenty-five cents ($.25) for each plate or sign so furnished; provided, however, that if the owner or occupant of any house or building desires a more costly number therefor, the person so appointed shall furnish the same at such increased price as may be agreed upon between him or her and such owner or occupant.
(b) The Community Development Director is hereby authorized and directed to take any and all such steps and proceedings and, on behalf of the City, to make, enter into and execute any and all such contracts as may be necessary or proper for the purpose of carrying into effect the provisions of this Article. (Prior code 8-2-4; Ord. 01, 2005 §1)
Sec. 18-11-50. Application of provisions.
Any and all houses and buildings which may be hereafter constructed in the City shall be subject to the provisions of this Article and numbered in the manner herein prescribed. (Prior code 8-2-5)
Sec. 18-11-60. Penalties.
Any person, being the owner of any house or building in the City or occupying the same, who, after being notified as hereinbefore provided of the proper number thereof, shall, for thirty (30) days thereafter, fail, neglect or refuse to number such house or building in conformity with the provisions of this Article, shall be subject to a penalty of five dollars ($5.00) and a further penalty of five dollars ($5.00) for every thirty (30) days thereafter that he or she shall continue to fail, neglect or refuse to so number such said house or building, the penalty, together with the costs of the proceeding. Such penalty shall be recovered by an appropriate action in the same manner as other fines and penalties incurred by reason of the violation of other provisions of this Code are recovered. (Prior code 8-2-6; Ord. 01, 2005 §1)
ARTICLE XII
Fuel Gas Code
Sec. 18-12-10. Adoption.
Pursuant to Title 31, Article 16, Part 2, C.R.S., there is hereby adopted by reference Chapters 1 through 8 and Appendices A and B of the International Fuel Gas Code (IFGC), 2006 Edition, published by the International Code Council, 500 New Jersey Avenue, NW, 6th Floor, Washington, DC 20001-2070, including Appendices A, B and C, to have the same force and effect as if set forth herein in every particular. The subject matter of the adopted code includes comprehensive provisions and standards regulating fuel gas systems and gas-fired appliances as herein provided; providing for the issuance of permits and collection of fees therefor; and each and all of the regulations, provisions, penalties, conditions and terms of said Fuel Gas Code as amended in Section 18-12-30 below. (Ord. 2007-14 §7)
Sec. 18-12-20. Copy on file.
At least one (1) copy of the International Fuel Gas Code has been and is now on file in the office of the City Clerk and may be inspected by any interested person between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday, holidays excepted. The code as finally adopted shall be available for sale to the public through the office of the Building Official. (Ord. 2007-14 §7)
Sec. 18-12-30. Amendments.
The code adopted herein is hereby modified by the following amendments:
(1) Section 101.1 is amended to read:
"101.1 Title. These regulations shall be known as the Fuel Gas Code of the City of Salida, will be cited as such and will be referred to herein as 'this code.' "
(2) Section 109 is amended to read:
"Section 109 (IFGC) Means of appeal. All appeals to this code shall be made to the City of Salida Board of Appeals. The appeals process is described in Section 18-8-10 of the Salida Municipal Code."
(3) The first paragraph of Section 303.3 is amended to read:
"303.3 Prohibited locations. Appliances shall not be located in sleeping rooms, bathrooms, toilet rooms, storage closets or surgical rooms, or in a space that opens only into such rooms or spaces, except with prior approval of the Building Official and where the installation complies with one of the following:"
(4) Section 310.1 is amended to read:
"310.1 Gas pipe bonding. As required by the 2005 National Electrical Code."
(5) Section 403.5.2 is amended to read:
"403.5.2 Copper and brass tubing. Copper tubing, fittings or pipe shall not be installed downstream of the riser."
(6) Section 404.4 is amended to read:
"404.4 Piping through foundation wall. Underground piping, where installed below grade through the outer foundation or basement wall of a building, shall be encased in a protective pipe sleeve. The annular space between the gas piping and the sleeve shall be sealed. Gas piping shall daylight immediately prior to penetrating the foundation."
(7) Section 503.8, #3, is amended to read:
"3. The vent terminal of a direct-vent appliance with an input of 10,000 Btu per hour (3 kW) or less shall be located at least 6 inches (152 mm) from any air opening into a building, and such an appliance with an input over 10,000 Btu per hour (3 kW) but not over 50,000 Btu per hour (14.7 kW) shall be installed with a nine-inch (230 mm) vent at termination clearance, and an appliance with an input over 50,000 Btu per hour (14.7 kW) shall have at least a twelve-inch (305 mm) vent termination clearance. The bottom of the vent terminal and air intake shall be located at least 18 inches above grade."
(Ord. 2007-14 §7)
Sec. 18-12-40. Violations, penalties
It shall be unlawful for any person, owner, occupant or contractor to erect, construct enlarge, alter, repair, move, improve, remove, rehabilitate, convert, demolish, use, occupy, equip or maintain any building or structure in the City, or cause the same to be done, contrary to or in violation of any of the provisions of this Article and the IFGC. Violations of this Article and/or the IFGC shall be punishable by a fine not to exceed one thousand dollars ($1,000.00) or a term of imprisonment not to exceed ninety (90) days, or both such fine and imprisonment. A separate offense shall be deemed committed for each day, or portion of a day, that a violation of this Article occurs or continues unabated. (Ord. 2007-14 §7)
ARTICLE XIII
Energy Conservation Code
Sec. 18-13-10. Adoption.
Pursuant to Title 31, Article 16, Part 2, C.R.S., there is hereby adopted by reference Chapters 1 through 6 of the International Energy Conservation Code (IECC), 2006 Edition, published by the International Code Council, 500 New Jersey Avenue, NW, 6th Floor, Washington, DC 20001-2070, to have the same force and effect as if set forth herein in every particular. The subject matter of the adopted code includes comprehensive provisions and standards regulating energy-efficient building envelopes and installation of energy-efficient mechanical, lighting and power systems as herein provided; providing for the issuance of permits and collection of fees therefor; and each and all of the regulations, provisions, penalties, conditions and terms of said Energy Conservation Code as amended in Section 18-13-30 below. (Ord. 2007-14 §8)
Sec. 18-13-20. Copy on file.
At least one (1) copy of the International Energy Conservation Code has been and is now on file in the office of the City Clerk and may be inspected by any interested person between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday, holidays excepted. The code as finally adopted shall be available for sale to the public through the office of the Building Official. (Ord. 2007-14 §8)
Sec. 18-13-30. Amendments.
The code adopted herein is hereby modified by the following amendment:
(1) Section 101.1 is amended to read:
"101.1 Title. These regulations shall be known as the Energy Conservation Code of the City of Salida, will be cited as such and will be referred to herein as 'this code.' "
(Ord. 2007-14 §8)
Sec. 18-13-40. Violations, penalties.
It shall be unlawful for any person, owner, occupant or contractor to erect, construct, enlarge, alter, repair, move, improve, remove, rehabilitate, convert, demolish, use, occupy, equip or maintain any building or structure in the City, or cause the same to be done, contrary to or in violation of any of the provisions of this Article and the IECC. Violations of this Article and/or the IECC shall be punishable by a fine not to exceed one thousand dollars ($1,000.00) or a term of imprisonment not to exceed ninety (90) days, or both such fine and imprisonment. A separate offense shall be deemed committed for each day, or portion of a day, that a violation of this Article occurs or continues unabated. (Ord. 2007-14 §8)
ARTICLE XIV
Property Maintenance Code
Sec. 18-14-10. Adoption.
Pursuant to Title 31, Article 16, Part 2, C.R.S., there is hereby adopted by reference Chapters 1 through 8 of the International Property Maintenance Code (IPMC), 2006 Edition, published by the International Code Council, 500 New Jersey Avenue, NW, 6th Floor, Washington, DC 20001-2070, to have the same force and effect as if set forth herein in every particular. The subject matter of the adopted code includes comprehensive provisions and standards regulating the conditions and maintenance of all property, buildings and structures; by providing the standards for supplied utilities and facilities and other physical things and conditions essential to ensure that structures are safe, sanitary and fit for occupation and use; and the condemnation of buildings and structures unfit for human occupancy and use; and the demolition of such existing structures as herein provided; providing for the issuance of permits and collection of fees therefor; and each and all of the regulations, provisions, penalties, conditions and terms of said Property Maintenance Code as amended in Section 18-14-30 below. (Ord. 2007-14 §9)
Sec. 18-14-20. Copy on file.
At least one (1) copy of the International Property Maintenance Code has been and is now on file in the office of the City Clerk and may be inspected by any interested person between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday, holidays excepted. The code as finally adopted shall be available for sale to the public through the office of the Building Official. (Ord. 2007-14 §9)
Section 18-14-30. Amendments.
The code adopted herein is hereby modified by the following amendments:
(1) Section 101.1 is amended to read:
"101.1 Title. These regulations shall be known as the Property Maintenance Code of the City of Salida, will be cited as such and will be referred to herein as 'this code.' "
(2) Section 101.2 is amended to read:
"101.2 Scope. The provisions of this code shall apply to all existing residential and nonresidential structures, excepting one- and two-family dwellings, and all existing premises, and constitute minimum requirements and standards for premises, structures, equipment and facilities for light, ventilation, space, heating, sanitation, protection from the elements, life safety, safety from fire and other hazards, and for safe and sanitary maintenance; the responsibility of owners, operators and occupants; the occupancy of existing structures and premises, and for administration, enforcement and penalties."
(3) Section 102.3 is amended to read:
"102.3 Application of other codes. Repairs, additions or alterations to a structure, or changes of occupancy, shall be done in accordance with the procedures and provisions of the International Building Code, International Fuel Gas Code, International Mechanical Code and
the National Electrical Code. Nothing in this code shall be construed to cancel, modify or set aside any provision of the remainder of the Salida Municipal Code."
(4) Section 103.1 is amended to read:
"103.1 General. The Department of Property Maintenance Inspection is hereby created within the Salida Police Department. The Chief of Police is the code official."
(5) Section 103.3 is amended to read:
"103.3 Deputies. The Building Official, Fire Chief and Code Enforcement Officer shall be deputies. In accordance with the prescribed procedures of this jurisdiction and with the concurrence of the appointing authority, the code official shall have the authority to appoint other deputy code officials, other related technical officers, inspectors and other employees."
(6) Section 103.5 is amended to read:
"103.5 Fees. The fees for activities and services performed by the department in carrying out its responsibilities under this code shall be adopted by resolution of the City Council."
(7) Section 104.7 is amended to read:
"104.7 Department records. The code official shall keep official records of all business and activities of the department specified in the provisions of this code. Such records shall be retained in the official records as long as the building or structure to which such records relate remains in existence, unless otherwise provided by other regulations. These records may be kept in the property files of the Planning Department."
(8) Section 111.2 is amended to read:
"111.2. All appeals to this code shall be made to the City of Salida Board of Appeals. The appeals process is described in Section 18-8-10 of the Salida Municipal Code."
(9) Sections 111.2.1 through 111.2.5, 111.3, 111.4, 111.5 and 111.6 are deleted in their entirety.
(10) Section 201.3 is amended to read:
"201.3 Terms defined in other codes. Where terms are not defined in this code and are defined in the International Building Code, International Fuel Gas Code, International Fire Code, International Mechanical Code, Salida Land Use Code or the National Electrical Code, such terms shall have the meanings ascribed to them as stated in those codes."
(11) Section 302.3 is amended to read:
"302.3 Walkways and driveways. All walkways, stairs, driveways, parking spaces and similar areas shall be kept in a proper state of repair and maintained free of hazardous conditions."
(12) Section 302.4 is deleted in its entirety.
(13) Section 302.8 is deleted in its entirety.
(14) Section 302.9 is deleted in its entirety.
(15) Section 303 is deleted in its entirety.
(16) Section 304.3 is deleted in its entirety.
(17) Section 304.14 is deleted in its entirety.
(18) Section 404.3, Exceptions #1 and #2, are deleted in their entirety.
(19) The first paragraph of Section 602.3 is amended to read:
"602.3 Heat supply. Every owner and operator of any building who rents, leases or lets one or more dwelling units or sleeping units on terms, either expressed or implied, to furnish heat during the entire year to a temperature of not less than 68˚F (20˚C) in all habitable rooms, bathrooms and toilet rooms."
(20) The first paragraph of Section 602.4 is amended to read:
"602.4 Occupiable work spaces. Indoor occupiable work spaces shall be supplied with heat during the entire year to maintain a temperature of not less than 65˚F (18˚C) during the time the spaces are occupied."
(21) Section 604.2 is amended to read:
"604.2 Service. The size and usage of appliances and equipment shall serve as a basis for determining the need for additional facilities in accordance with the National Electrical Code. Dwelling units shall be served by a three-wire, 120/140-volt, single-phase electrical service having a rating of not less than 60 amperes."
(22) Chapter 8, Referenced Standards, is amended to replace "ICC Electrical Code" with "National Electrical Code" and "International Zoning Code" with "Salida Municipal Code."
(Ord. 2007-14 §9)
Sec. 18-14-40. Violations, penalties.
It shall be unlawful for any person, owner, occupant, or contractor to erect, construct, enlarge, alter, repair, move, improve, remove, rehabilitate, convert, demolish, use, occupy, equip, or maintain any building or structure in the City, or cause the same to be done, contrary to or in
violation of any of the provisions of this Article and the IPMC. Violations of this Article and/or the IPMC may be punishable by a fine not to exceed one thousand dollars ($1,000.00) or a term of imprisonment not to exceed ninety (90) days, or both such fine and imprisonment. A separate offense shall be deemed committed for each day, or portion of a day, that a violation of this Article occurs or continues unabated. As an alternate remedy, after complying with the Notice and Order provisions of IPMC Section 107, the City shall have the right, but not the obligation, to enter the violating property and conduct repairs and/or maintenance necessary to abate a non-emergency violation. The City Administrator shall prepare a statement enumerating the actual costs of abatement and collection plus a surcharge of ten percent (10%) of the abatement costs to cover inspection and other administrative costs. Such charge shall be payable by the owners at the time of the assessment, personally, and also shall be a perpetual lien upon the respective lots or parcels served relating back to the date upon which the abatement actions were performed. Any such lien may be foreclosed in the same manner as provided by the laws of this state for the foreclosure of mechanics’ liens. (Ord. 2007-14 §9, Ord. 2009-10 §2)
ARTICLE XV
Building Permit Administration
Sec. 18-15-10. Inspection and supervision.
It shall be unlawful to erect, construct, reconstruct, alter or change the use of any building or other structure within the unincorporated territory of the County without obtaining a building permit from the City. The Building Official appointed by the City shall have the duty to enforce all provisions of this Chapter, as well as to receive applications required by these codes, issue permits and furnish the prescribed certificate, to examine the premises for which permits have been issued and to make necessary inspections to see that the provisions of law are complied with and that construction is prosecuted safely. The Building Official is hereby granted the authority to enter on all premises within the City for the purpose of carrying out his or her duties as building official. (Ord. 2007-14 §10)
Sec 18-15-20. Fees.
Current fees are set by resolution of the City Council. The City Council retains the authority to amend any and all fees from time to time by resolution. (Ord. 2007-14 §10)
Sec. 18-15-30. Building permit effective periods and extensions.
(a) Notwithstanding provisions in the applicable building codes to the contrary, permits issued under the county building codes are effective for a period of one (1) year.
(b) Upon a written request for an extension by the applicant, a permit may be extended for an additional one-year period. Up to two (2) extensions may be requested, provided that in no event may a permit be valid for more than three (3) years, or for more than two (2) years following the adoption of a new version of the applicable building code, whichever is less. For example, if a plumbing permit is issued on February 1, 2004, and a new version of the plumbing code is adopted on May 1, 2004, the maximum date to which the permit can be effective, including extensions, would be May 1, 2006.
(c) In order to renew action on a permit after expiration, the permittee shall pay a new full permit fee, except the Building Official may authorize one-half (½) the new fee where all rough inspections have been completed under the expired permit. (Ord. 2007-14 §10)
Sec. 18-15-40. Notice of building permit expirations.
(a) The Building Official shall endeavor to send by certified letter a Notice of Building Permit Expiration to a property owner thirty (30) days prior to the expiration of a building permit or if there have been no requests for inspection on a building permit for a period of six (6) months. Any failure to comply with this Section shall not result in an extension of a building permit.
(b) The Notice of Building Permit Expiration shall advise the property owner that if a certificate of occupancy is not obtained, upon expiration of the permit, a letter may be filed and recorded with the County Clerk that indicates that structures on the property may not have been inspected by building officials and, thus, may not meet past or current building codes, and that no building permit for additions to or new structures will be issued unless the current structure is brought up to code or evidence of a prior certificate of occupancy is submitted.
(c) If a certificate of occupancy is not obtained within sixty (60) days of the expiration of the building permit, the Building Official shall endeavor to proceed with filing and recording such letter with the County Clerk; in addition, the Building Official and the City may pursue other remedies provided by statute, ordinance or resolution with respect to building code violations, if any. Nothing in this Section shall obligate the City to file such letter or prosecute building code violations nor prevent or limit the City from seeking to remedy building code violations as provided by state law. (Ord. 2007-14 §10)
Sec. 18-15-50. Modification and forms.
The Building Official shall have the power to modify any of the provisions of the codes hereby adopted upon application in writing by the owner or lessee or his or her duly authorized agent when there are practical difficulties in the way of carrying out the strict letter of the codes, provided that the spirit of the codes shall be observed, public safety secured and substantial justice done. The particulars of such modification when granted or allowed and the decision of the Building Official shall be entered upon the Building Official's records, and a signed copy shall be furnished to the applicant. The Building Official is authorized to adopt any forms or documents as necessary to implement the provisions of this Chapter. (Ord. 2007-14 §10)
Sec. 18-15-60. Appeals.
An appeal to the Board of Appeals may be taken by any person aggrieved by his or her inability to obtain a building permit or certificate or by the Building Official or any City department or representative affected by the grant or refusal of a building permit or certificate. An appeal may be made to the Board of Appeals from any decision of the Building Official based upon or made in the course of the administration or enforcement of the building code, including without limitation a failure of an inspection or a claim that the provisions of the City's building codes do not apply or the true intent and meaning of the City's building codes have been misconstrued or wrongly interpreted. (Ord. 2007-14 §10)