CITY OF CENTRAL MUNICIPAL CODE
CITY OF CENTRALMUNICIPAL CODE
1994
A Codification of the General Ordinances
of the City of Central, Colorado
Published by
MUNICIPAL CODE CORPORATION
Tallahassee, Florida
PREFACE
The City of Central, a home rule city, has published its Municipal Code in a format which features the following:
The Table of Contents is the table containing each chapter and article title, with reference to page location. Preceding each chapter is a chapter table of contents, also identifying each article by the subject name provided.
The three-place section numbering system places the chapter number first, followed by the article number and section number, separated by hyphens. Each section may be cited by the chapter, article and section number which are in sequence within each chapter.
The open chapter and page numbering system creates reserved chapter and page numbers for expansion or revision of the code without undue complication when changes are made to the code by supplementation.
The Disposition of Ordinances Table identifies the source for the contents of the code. This table provides ordinance numbers in chronological order and location by section number for the present code contents. Thus, if there is interest in determining whether an ordinance, or a portion thereof, is contained within the code, the Disposition of Ordinances Table will provide that information. The Table of Up-to-Date Pages lists all of the current pages through the most recent supplementation.
The Index provides references by common and legal terminology to the appropriate code sections. Cross references are provided with the Index when appropriate.
Supplements to the code provide regular updating of the code to maintain it as a current compilation of all the legislation which has general and continuing effect. Without regular supplementation, the code would soon lose its usefulness as a complete source of the general law of the municipality. Supplementation is accomplished by the periodic publication of additions and amendments to the code.
MUNICIPAL CODE CORPORATION
1700 Capital Circle, SW
Tallahassee, FL 32310
ORDINANCE NO. 94-3
AN ORDINANCE OF THE CITY OF CENTRAL, ADOPTING AND ENACTING A NEW MUNICIPAL CODE FOR THE CITY OF CENTRAL; PROVIDING FOR THE REPEAL OF CERTAIN ORDINANCES NOT INCLUDED THEREIN; PROVIDING A PENALTY FOR THE VIOLATION THEREOF; PROVIDING FOR THE MANNER OF AMENDING SUCH CODE; AND PROVIDING WHEN SUCH CODE AND THIS ORDINANCE SHALL BECOME EFFECTIVE.
WHEREAS, Section 5.13 of the Home Rule Charter for the City of Central, Colorado, directs the City Council to cause the ordinances of the City of Central to be codified and thereafter maintained in current form by the City Clerk; and,
WHEREAS, the City Clerk has caused all ordinances of a general and permanent nature enacted on or before this Ordinance to be assembled into a code entitled The City of Central Municipal Code and published by Colorado Code Publishing Company.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CENTRAL, COLORADO, THAT:
SECTION 1. The code entitled The City of Central Municipal Code published by Colorado Code Publishing Company, consisting of Chapters 1 through 18, is adopted.
SECTION 2. All ordinances of a general and permanent nature enacted on or before this Ordinance, which are inconsistent with the provisions of the City of Central Municipal Code, to the extent of such inconsistency, are hereby repealed.
SECTION 3. The repeal established in Section 2 of this Ordinance shall not be construed to revive any ordinance or part thereof that had been previously repealed by any ordinance which is repealed by this Ordinance.
SECTION 4. The following codes were adopted by reference and incorporated in the Municipal Code of the City of Central. One (1) copy is on file in the City Clerk's office:
(1)The Model Traffic Code for Colorado Municipalities, 1977 edition, published by the State Department of Highways, Denver, Colorado, as adopted and amended in Section 8-1 et seq.;
(2)The Uniform Building Code, 1988 edition, published by the International Conference of Building Officials, 5360 South Workman Mill Road, Whittier, California, as adopted and amended in Section 18-1 et seq.;
(3)The Uniform Mechanical Code, 1988 edition, published by the International Association of Plumbing and Mechanical Officials, 20001 Walnut Drive South, Walnut, California, as adopted and amended in Section 18-31 et seq.;
(4)The Uniform Plumbing Code, 1988 edition, published by the International Association of Plumbing and Mechanical Officials, 5032 Alhambra Avenue, Los Angeles, California, as adopted and amended in Section 18-51 et seq.;
(5)The National Electrical Code, 1990 edition, published by the National Fire Protection Association, Batterymarch Park, Quincy, MA, as adopted and amended in Section 18-71 et seq.;
(6)The Uniform Fire Code, 1988 edition, published by the Western Fire Chiefs Association and the International Conference of Building Officials, 5360 South Workman Mill Road, Whittier, California, as adopted and amended in Section 18-91 et seq.
SECTION 5. The penalties provided by the Municipal Code of the City of Central are hereby adopted as follows:
(1)Sec. 1-72. General penalty for violation.
(a)All violations of any provision of this Code or any other ordinance of the City are hereinafter deemed noncriminal offenses and are civil matters, except those violations that are expressly designated as criminal offenses or which are punishable by imprisonment under any counterpart state statute. Trial of noncriminal offenses shall be to the Court. No defendant found civilly liable for a noncriminal offense shall be punished by imprisonment for said offense, but may be fined any amount not to exceed one thousand dollars ($1,000.00). Any person convicted of a criminal violation of any section of this Chapter shall be fined in a sum not more than one thousand dollars ($1,000.00) or imprisoned not to exceed one hundred eighty (180) days or both so fined and so imprisoned, except as hereinafter provided in Section 1-73. In addition, such person shall pay all court costs imposed by the court. Each day such violation continues shall be considered a separate offense.
(2)Sec. 1-73. 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 Chapter, shall be punished by a fine of not more than one thousand dollars ($1,000.00) per violation or count.
(3)Sec. 2-83. Penalties and remedies. (Article IV. Code of Ethics)
(a)Any person convicted of willfully and knowingly violating any provision of this Article shall be guilty of a Class II misdemeanor as defined by Section 18-1-106(1), C.R.S. Additionally, upon conviction, such person shall be fined an amount not to exceed nine hundred dollars ($900.00) and shall be liable to the City for such damages as may have been suffered or incurred as a result of such violation, together with any costs (including attorney's fees) incurred by the City in the investigation and prosecution of such violation.
(4)Sec. 7-154. Penalties for violation. (Article VI. Dogs and Cats)
(a)Any person convicted within a two-year period of violating Section 7-142, Section 7-143 or Section 7-148 shall be fined twenty-five dollars ($25.00) for the first offense, fifty dollars ($50.00) for the second offense and a minimum of seventy-five dollars ($75.00) with a court appearance required for all similar offenses thereafter.
(5)Sec. 8-2. Amendments. (Article I. Vehicles and Traffic)
(2)Section 19-11, Child Restraint Systems Required.
(4)Penalty for violation. Any person who violates any of the provisions of this section shall be punished by a fine not to exceed one hundred dollars ($100.00). The fine shall be waived if the driver presents the court with satisfactory evidence of the acquisition, purchase or rental of an approved child restrain system by the time of the court appearance."
(3)Section 19-12, Compulsory Insurance.
(4)Penalties for violation: (Compulsory Insurance)
(a)Any person who violates the provisions of this section shall be punished by a fine of not less than one hundred dollars ($100.00), nor more than three hundred dollars ($300.00) and, in addition, the court may impose imprisonment on the county jail for not less than ten (10) days, nor more than ninety (90) days. The fine imposed by this subsection shall be mandatory and the court shall not suspend said fine, in whole or in part.
(b)Upon a second or subsequent conviction under this section within a period of two (2) years following a prior conviction under this section, the defendant shall be punished by a fine of not less than two hundred dollars ($200.00), nor more than three hundred dollars ($300.00) and, in addition, the court may impose imprisonment on the county jail for not less than ten (10) days, nor more than ninety (90) days. The fine imposed by this subsection shall be mandatory and the court shall not suspend said fine, in whole or in part.
(c)In addition to the penalties prescribed in this subsection (d), any person convicted pursuant to this section shall be sentenced to perform not less than forty (40) hours of community service.
(6)Sec. 10-143. Toxic vapors and cannabis. (Article VII. Offenses Relating to Alcoholic Beverages and Controlled Substances)
(d)Using toxic vapors or possessing or consuming not more than one (1) ounce of cannabis shall be punishable by a fine not to exceed one hundred dollars ($100.00).
(7)Sec. 11-3. Penalties. (Article I. Sidewalks Generally)
(b)Any person who shall be found to have violated this Article shall be deemed to have committed an offense and shall be fined an amount not to exceed nine hundred dollars ($900.00).
(8)Sec. 16-311. Penalties. (Article XI. Off-Street Parking and Loading)
(3)In addition to the requirements of Subsection (2) above, the owner of any building or premises or part thereof where anything in violation of this Article exists or is placed or maintained; any architect, builder or contractor who assists in the commission of any such violation; and all persons who violate or maintain any violation of any of the provisions of this Article or who fail to comply therewith or with any requirements thereof or who build in violation of any statement or plan submitted and approved hereunder, for each and every violation or noncompliance, shall be punished by a fine of not more than one thousand dollars ($1,000.00). Each such person shall be guilty of a separate offense for each and every day during any portion of which any violation of any provision of this Article is committed, continued or permitted by any such person, and such person shall be punished accordingly.
(9)Sec. 16-347. Penalties. (Article XII. Signs)
(a)Any person whether as principal, agent, employee or otherwise who violates any of the provisions of this Article shall be fined not to exceed three hundred dollars ($300.00) for each offense.
(10)Sec. 18-122. Penalty. (Article VI. Building Moving and Demolition)
(a)Any person who intentionally causes, intentionally permits or knowingly fails to prevent the unauthorized demolition, removal or relocation of a rated structure which the person owns or leases, or who has knowingly permitted demolition by neglect of any rated structure which such person owns or leases, or who has violated any provision of this Article, may be punished in the Municipal Court by a fine of up to the estimated cost of repair, restoration and relocation of the structure to the originating site, or the cost of replacement of the structure at its originating site, whichever cost is greater (including engineering, materials and labor). Such fine may be suspended on the condition that the person agrees to repair, restore, replace and/or relocate the structure in a manner acceptable to the HPC and posts a bond or suitable collateral with the City for such work.
(c)In addition, upon commencement of any prosecution in Municipal Court pursuant to Subsection (a) above, the HPC shall be authorized to impose a temporary moratorium on the issuance of building permits or certificates of occupancy for the property from which a structure was demolished, removed or relocated. Such moratorium shall remain in effect for the duration of the prosecution and any appeal therefrom.
(e)The penalty provisions of this Section are cumulative and are in addition to any other remedies at law or in equity or any other judicial or administrative remedies (including abatement) which may be available to the City.
SECTION 6. Additions or amendments to the Code, when passed in the form as to indicate the intention of the City to make the same a part of the Code, shall be deemed to be incorporated in the Code, so that reference to the Code includes the additions and amendments.
SECTION 7. Ordinances adopted after this Ordinance, that amend or refer to ordinances that have been codified in the Code, shall be construed as if they amend or refer to those provisions of the Code.
SECTION 8. The City Council herewith finds, determines and declares that this Ordinance is necessary for the immediate preservation of the public health and safety in order to make this Ordinance applicable to the City at the earliest possible date so that administrative efficiency may be obtained therefrom and to assure that the purposes of this Ordinance are met. This Ordinance shall become effective immediately upon publication thereof.
INTRODUCED AND READ on first reading, and ordered published at the regular meeting of the City Council of the City of Central on the 17th day of February, 1994, at the City Hall, City of Central, Colorado.
PASSED AND ADOPTED on second reading at the regular meeting of the City Council of the City of Central on the 21st day of April, 1994, at the City Hall, City of Central, Colorado.
(signature)Don Mattivi, Jr., MayorATTEST:
(signature)Jennifer Nowak, City ClerkAPPROVED AS TO FORM:
(signature)Jerald Devitt, City AttorneyCentral City, Colorado, Municipal CodePage 1