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 Code supersedes prior ordinances
Sec. 1-1-40 Adoption of codes by reference
Sec. 1-1-50 Repeal of ordinances not contained in Code
Sec. 1-1-60 Matters not affected by repeal
Sec. 1-1-70 Ordinances saved from repeal
Sec. 1-1-80 Changes in previously adopted ordinances
Article II Definitions and Usage
Sec. 1-2-10 Definitions
Sec. 1-2-20 Computation of time
Sec. 1-2-30 Title of office
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 Authorized acts
Sec. 1-3-30 Prohibited 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 Examination of Code
Sec. 1-3-100 Copy of Code on file
Sec. 1-3-110 Sale of Code books
Sec. 1-3-120 Altering or tampering with Code; penalty
Sec. 1-3-130 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 Penalty for violations of ordinances adopted after adoption of Code
Sec. 1-4-50 Interpretation of unlawful acts
Sec. 1-4-60 Enforcement procedure
Article V Inspections
Sec. 1-5-10 Entry
Sec. 1-5-20 Authority to enter premises under emergency
Sec. 1-5-30 Announcement of purpose and authority to enter premises
Article VI Disposition of Unclaimed Personal Property
Sec. 1-6-10 Definitions
Sec. 1-6-20 Procedure for disposition of property
Sec. 1-6-30
Sec. 1-6-40 Holding as evidence
Article VII Seal
Sec. 1-7-10 Designated
Sec. 1-7-20 Use
ARTICLE I
Code
Sec. 1-1-10. Adoption of Code.
The published
code known as the Elizabeth Municipal Code, published by Colorado Code
Publishing Company, of which one (1) copy is now on file in the office of the
Town Clerk and may be inspected during regular business hours, 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 Town of Elizabeth, Colorado, as a codification of all the
ordinances of the Town of Elizabeth of a general and permanent nature through
Ordinance No. 01-20, 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 Town.
(Prior code 1-1.1; Ord. 01-20)
Sec. 1-1-20. Title and scope.
This Code
constitutes a compilation, revision and codification of all the ordinances of
the Town of Elizabeth, Colorado, of a general and permanent nature, and shall
be known as the Elizabeth Municipal Code.
(Ord. 01-20)
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 Board of
Trustees. (Ord. 01-20)
Sec. 1-1-40. Adoption of codes by reference.
Codes may be
adopted by reference, as provided by state law.
(Ord. 01-20)
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. (Prior code 1-1.2; Ord. 01-20)
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. (Ord. 01-20)
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) Creating, opening, dedicating, vacating or
closing specific streets, alleys and other public ways.
(2) Naming or changing the names of specific
streets and other public ways.
(3) Establishing the grades of specific streets
and other public ways.
(4) Establishing the grades or lines of specific
sidewalks.
(5) Authorizing or relating to specific
issuances of general obligation bonds.
(6) Creating specific sewer and paving districts
and other local improvement districts.
(7) Authorizing the issuance of specific local
improvement district bonds.
(8) Making special assessments for local
improvement districts and authorizing refunds from specific local improvement
district bond proceeds.
(9) Annexing territory to or excluding territory
from the Town.
(10) Dedicating or accepting any specific plat or
subdivision.
(11) Calling or providing for a specific election.
(12) Authorizing specific contracts for purchase of
beneficial use of water by the Town.
(13) Approving or authorizing specific contracts
with the State, with other governmental bodies or with others.
(14) Authorizing a specific lease, sale or purchase
of property.
(15) Granting rights-of-way or other rights and
privileges to specific railroad companies or other public carriers.
(16) 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.
(17) Granting a franchise to a specific public
utility company or establishing rights for or otherwise regulating a specific
public utility company.
(18) Appropriating money.
(19) Levying a temporary tax or fixing a temporary
tax rate.
(20) Relating to salaries.
(21) Amending the Official Zoning Map. (Ord. 01-20)
Sec. 1-1-80. Changes in previously adopted ordinances.
In compiling
and preparing the ordinances of the Town 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 Board of Trustees 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. 01-20)
ARTICLE II
Definitions and Usage
Sec. 1-2-10. Definitions.
The following words and phrases, whenever used in the ordinances
of the Town of
Board of Trustees means the Board
of Trustees of the Town of
Code means the Elizabeth Municipal Code as published and subsequently
amended, unless the context requires otherwise.
County means the
C.R.S. means the Colorado Revised Statutes, including all amendments thereto.
Law denotes applicable federal
law, the Constitution and statutes of the State of
May is permissive.
Misdemeanor means and is to be construed as meaning violation and is not intended to mean crime or criminal conduct.
Month means a calendar month.
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.
Ordinance means a law of the Town; 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 or 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.
Personal property includes money, goods, chattels, things in action and evidences of debt.
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 curb line and the adjacent property line intended for the use of pedestrians.
State means the State of
Street includes all streets, highways, avenues, lanes, alleys, courts, places, squares, curbs or other public ways in the Town 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.
Town means the Town of Elizabeth,
Colorado, or the area within the territorial limits of the Town of Elizabeth, Colorado, and such territory outside of the
Town over which the Town has jurisdiction or control by virtue of any
constitutional or statutory provision.
Written includes printed,
typewritten, mimeographed, multigraphed or
otherwise reproduced in permanent visible form.
Year means a calendar year. (Prior code 1-2.1; Ord. 01-20)
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. (Prior code
1-2.1; Ord. 01-20)
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 Town, or his or her designated representative. (Prior code 1-2.1; Ord. 01-20)
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; but 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. (Prior code 1-2.1)
Sec. 1-2-50. Grammatical interpretation.
The following grammatical rules shall apply to this Code and to Town 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 the 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 1-2.2; Ord. 01-20)
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.
(Ord. 01-20)
Sec. 1-3-20. Authorized acts.
When this Code requires an act to be done which may as well be done by an agent or representative as by the principal, such requirement shall be construed to include all such acts performed when done by an authorized agent or representative. (Prior code 1-2.1; Ord. 01-20)
Sec. 1-3-30. Prohibited acts.
Whenever in
this Code or any Town ordinances 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. 01-20)
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. (Prior code 1-2.3; Ord. 01-20)
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. (Prior code 1-2.4)
Sec. 1-3-60. Publication of ordinances.
All ordinances, as soon as may be after their passage, shall be
recorded in a book kept for that purpose and authenticated by the signature of
the Mayor and Town Clerk. All ordinances
of a general or permanent nature, and those imposing any fine or forfeiture,
shall be published in a newspaper published within the Town. 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 (¾) of the members of the Board of Trustees. (Ord. 01-20)
Sec. 1-3-70. Amendments to Code.
Ordinances and
parts of ordinances of a permanent and general nature,
passed or adopted after the adoption of this Code, may be passed or adopted
either in the form of amendments to this Code or without specific reference to
this Code. However, in either case, all
such ordinances and parts of ordinances shall be deemed amendments to this
Code, and 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 1-1.6; Ord. 01-20)
Sec. 1-3-80. Supplementation of Code.
(a) The Board of Trustees 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 Board of Trustees 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 Town Clerk, or
someone authorized and directed by the Town 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 Town Clerk for the use of the public. (Prior code 1-1.8; Ord. 01-20)
Sec. 1-3-90. Examination of Code.
The Mayor and
Town 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 Town 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 Town
and shall be so accepted by the courts of law, administrative tribunals and all
others concerned. (Ord. 01-20)
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 Town 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 Town Clerk's office except upon proper order of a court of
law. (Ord. 01-20)
Sec. 1-3-110.
Copies of this
Code book may be purchased from the Town Clerk upon the payment of a fee to be
set by resolution of the Board of Trustees.
(Ord. 01-20)
Sec. 1-3-120. 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 Town to be misrepresented thereby, shall, upon
conviction thereof, be punishable as provided by Section 1-4-20 hereof. (Prior code 1-1.9; Ord. 01-20)
Sec. 1-3-130. Severability.
The provisions
of this Code are declared to be severable, and if any section, provision or
part thereof shall be held unconstitutional or invalid, 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. (Ord. 01-20)
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. 01-20)
Sec. 1-4-20. General penalty for violation.
Any person who
shall violate or fail 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 not exceeding one thousand dollars ($1,000.00) or by
imprisonment not exceeding one (1) year or by both such fine and imprisonment,
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. (Prior code 1-1.5, 1-5.1; Ord. 01-20)
Sec. 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.
Nothing in this Section shall be construed to prohibit incarceration in
an appropriate facility, at the time of charging, of a juvenile violating any
section of this Code. (Ord. 01-20)
Sec. 1-4-40. Penalty for violations of ordinances adopted after adoption of Code.
Any person who
violates 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. 01-20)
Sec. 1-4-50. 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. 01-20)
Sec. 1-4-60. Enforcement procedure.
All actions for the violation of any of the ordinances of the Town not otherwise provided for shall be by warrant for the arrest of the offender to be used in the first instance upon the affidavit of any person that such ordinance has been violated and that the person making the complaint has reasonable grounds that the party charged is guilty thereof, and the person so arrested shall be taken in charge by the Chief of Police and held in custody according to law until convicted or acquitted as in cases of criminal prosecution before the Municipal Judge. (Prior code 1-4.1; Ord. 01-20)
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 Town, any authorized official of the Town may, upon presentation of proper credentials, 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; provided that except as set forth in Section 1-5-20 below, or when consent of the owner and/or occupant to the inspection has been otherwise obtained, he or she shall give the owner and/or occupant, if they can be located after reasonable effort, twenty-four (24) hours' written notice of the authorized official's intention to inspect. In the event such entry is refused, inspection may be made only upon issuance of a search warrant by a duly authorized magistrate, based upon probable cause. In the event the owner and/or occupant refuses entry after such request has been made, the official is empowered to seek assistance from any court of competent jurisdiction in obtaining such entry. (Prior code 1-6.1; Ord. 01-20)
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 Town, 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 Town 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. 01-20)
Sec. 1-5-30. Announcement of purpose and authority to enter premises.
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. 01-20)
ARTICLE VI
Disposition of Unclaimed Personal Property
Sec. 1-6-10. Definitions.
Unless otherwise required by context or use, words and terms shall be defined as follows:
Owner means a person or entity, including a firm, corporation, partnership, association, governmental entity other than the Town, or a duly authorized legal representative or successor in interest of same, which owns unclaimed property held by the Town.
Unclaimed property
means any tangible or intangible property, including any income or increment
derived therefrom, less any lawful charges, that is
held by or under the control of the Town and which has not been claimed by its
owner for a period of more than one (1) year after it became payable or
distributable. (Prior code 3-3-1.1; Ord.
01-20)
Sec. 1-6-20. Procedure for disposition of property.
(a) Prior to disposition of any unclaimed property having an estimated value of fifty ($50.00) dollars or more, the Town Clerk shall send a written notice by certified mail, return receipt requested, to the last known address, if any, of any owner of unclaimed property. The last known address of the owner shall be the last address of the owner as shown by the records of the Town department or agency holding the property. The notice shall include a description of the property, the amount or estimated value of the property and, when available, the purpose for which the property was deposited or otherwise held. The notice shall state where the owner may make inquiry of or claim the property. The notice shall also state that if the owner fails to provide the Town Clerk with a written claim for the return of the property within sixty (60) days of the date of the notice, the property shall become the sole property of the Town and any claim of the owner to such property shall be deemed forfeited.
(b) Prior to disposition of any unclaimed property having an estimated value of less than fifty ($50.00) dollars or having no last known address of the owner, the Town Clerk shall cause a notice to be published in a newspaper of general circulation in the Town. The notice shall include a description of the property, the owner of the property, the amount or estimated value of the property and, when available, the purpose for which the property was deposited or otherwise held. The notice shall also state that if the owner fails to provide the Town Clerk with a written claim for the return of the property within sixty (60) days of the date of publication of the notice, the property shall become the sole property of the Town and any claim of the owner to such property shall be deemed forfeited.
(c) If the Town Clerk receives no written claim within the above sixty-day claim period, the property shall become the sole property of the Town and any claim of the owner to such property shall be deemed forfeited.
(d) If the Town Clerk receives a written claim within the sixty-day claim period, the Town Clerk shall evaluate the claim and give written notice to the claimant within ninety (90) days thereof that the claim has been accepted or denied in whole or in part. The Town Clerk may investigate the validity of a claim and may request further supporting documentation from the claimant prior to disbursing or refusing to disburse the property.
(e) In the event that there is more than one (1) claimant for the same property, the Town Clerk, in the Town Clerk's sole discretion, may resolve said claims, or may resolve such claims by depositing the disputed property with the registry of the District Court in an interpleader action.
(f) In the event that all claims filed are denied, the property shall become the sole property of the Town and any claim of the owner of such property shall be deemed forfeited.
(g) Any legal action filed challenging a decision of the Town Clerk 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 Town Clerk pursuant to the order of the Court having jurisdiction over such claim.
(h) The Town Clerk is authorized to establish and administer procedures for the administration and disposition of unclaimed property consistent with this Chapter, including compliance requirements for other municipal officers and employees in the identification and disposition of such property. (Prior code 3-3-1.2)
Sec. 1-6-30.
Forfeited property shall be sold after advertisement with the funds from said property going directly to the General Fund of the Town. The sale and disposition of police-seized property not governed by Sections 16-13-501 through 16-13-511, C.R.S., and other applicable state laws shall be conducted as set forth in this Article. (Prior code 3-3-1.3; Ord. 01-20)
Sec. 1-6-40. Holding as evidence.
In the event that the Town Attorney or other person charged with the duty of prosecuting violations of Town, state or federal laws requests that any of the lost, abandoned or recovered stolen property be held as evidence by the Town, such property shall be held by the Chief of Police until such property is no longer needed in the prosecution noted. The Chief of Police shall have custody of all lost, abandoned and recovered stolen personal property coming into the possession of the Town and property ordered confiscated by the Municipal Court. (Prior code 3-3-1.4)
ARTICLE VII
Seal
Sec. 1-7-10. Designated.
The corporate seal of the Town shall be the words
"SEAL" across the face of the center of the seal, surrounded by the
words "
Sec. 1-7-20. Use.
The corporate seal of the Town shall be affixed to all certificates, transcripts, orders or other documents necessary to be so attested according to the ordinances of the Town. (Prior code 1-3.2)