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HomeMy WebLinkAbout01 - GENERAL PROVISIONS .'~ e} ~ , e e Supp. No. 13 See. 1-1. See. 1.2. See. 1.3. Sec. 1-4. See. 1.5. See. 1.6. See. 1.7. See. 1.8. See. 1.9. Sec. 1-10. PARTll CODE OF LAWS Chapter 1 GENERAL PROVISIONS How Code designated and cited. Definitions and rules of construction. Catchlines, history notes, etc.; references to Code. Severability. General penalty. Issuance of summons or complaint to violators; continuing viola- tions. Provisions considered as continuations of existing ordinances. Ordinances not affected by Code. Code does not affect prior offenses, rights, etc. Semiannual supplementation and readoption of Code. 95 . e . e . GENERAL PROVISIONS U-2 Sec. 1-1. How Code designated and cited. The ordinances in this and the following chap- ters and sections shall constitute and be desig- nated "Code of Laws of the Code of Wheat Ridge, Colorado," and may be so cited. Such ordinances may also be cited as "Wheat Ridge City Code" or the "Code of Laws." (Code 1977, ~ 1-2) Charter reference-Ordinance codification, ~ 5.15. State law reference-Ordinance codification, CRS. ~ 31-16-201 et seq. See. 1-2. Definitions and rules of construc- tion. In the construction of this Code and of all ordinances and regulations of the city, the follow- ing definitions and rules of construction shall be observed, unless it shall be otherwise expressly provided in any section, ordinance or regulation, or unless inconsistent with the manifest intent of the city council, or unless the context clearly requires otherwise: City. The words "the city" or "this city" shall mean the City of Wheat Ridge, Colorado. City council. The words "city council" or "the council" shall mean the city council of Wheat Ridge, Colorado. Code or Code of Laws. "Code" or "Code of Laws" mean the Code of Laws of the City of Wheat Ridge, Colorado, as designated in section 1-l. Computation of time. In computing a period of days, the first day is excluded and the last day is included. If the last day of any period is a Satur- day, Sunday, or legal holiday, the period is ex- tended to include the day which is not a Saturday, Sunday, or legal holiday. If a number of months is to be computed by counting the months from a particular day, the period ends on the same nu- merical day in the concluding month as the day of the month from which the computation is begun, unless there are not that many days in the concluding month, in which case the period ends on the last day of that month. State law reference-Similar provisions, C.RS. ~ 24- 108. County: The words "the county" or "county" shall mean Jefferson County, Colorado. Supp. No. 21 C.R.S. The abbreviations "C.R.S." or "Colo. Rev. Stat." refer to the Colorado Revised Statutes, as amended. Day. A day is the period of time between 12:00 midnight and the 12:00 midnight following. Daytime, nighttime. "Daytime" is the period of time between sunrise and sunset. "Nighttime" is the period of time between sunset and sunrise. Gender. Any word importing the masculine gender only shall also include and mean the feminine and neuter. In the city. The words "in the city" shall mean and include all territory over which the city now has, or shall hereafter acquire, the jurisdiction for the exercise .of its police powers or other regula- tory powers. Joint authority. All words giving ajoint author- ity to three (3) or more persons shall be construed as giving such authority to a majority of such persons. May. The word "may" is to be construed as being permissive. Month. The word "month" shall mean a calen- dar month. Must. The word "must" is to be interpreted as being mandatory. Number. Any word importing the singular num- ber only shall also include and mean the plural. Oath. The word "oath" shall be construed to include an affirmation in all cases in which, by law, an affirmation 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 "affinned.1I Officers, departments, etc. Officers, depart- ments, boards, commissions and employees re- ferred to in this Code shall mean officers, depart- ments, boards, commissions and employees of the City of Wheat Ridge, unless the context clearly indicates otherwise. Owner. The word "owner," applied to a building or land, shall include any part owner, joint owner, 97 U-2 WHEAT RIDGE CITY CODE tenant in common, joint tenant or tenant by the entirety, ofthe whole or a part of such building or land. Person. The word "tenant" shall mean and include any firm, association, club or other orga- nized group, partnership, corporation and govern- mental agency, as well as a natural person. Preceding; following. The words "preceding" and "following" shall mean next before and next after, respectively. Property. The word "property" shall include real, tangible and intangible personal property. Real property. The terms "real property," "prem- ises," "real estate" or "lands" shall be deemed to be coextensive-with lands, tenements and here- ditaments. Shall. The word "shall" is to be construed as being mandatory. Sidewalks. The word "sidewalk" shall mean that portion of the public right-of-way intended for the use of pedestrians. Signature. Where the written signature of any person is required, the proper handwritiD.g of such person or his mark. shall be intended. State. The words lithe state, II "state, II or "this state" shall mean the State of Colorado. Street. The word "street" shall mean and in- clude any public way, highway, street, avenue, boulevard, parkway, alley or other public thor- oughfare, and each of such words shall include all of them. Tenant. The word "tenant" or "occupant," ap- plied to a building or land, shall include any person who occupies the whole or a part of such building or land, whether alone or with others. Writing. The words "writing" and "written" shall include printing, lithographing or any other mode of representing words and letters. When- ever any notice, report, statement or record is required or authorized by this Code, it shall be made in writing in the English language unless it is expressly provided otherwise. Supp. No. 21 Thar. The word "year" shall mean a calendar year, unless otherwise expressed. (Code 1977, ~ 1-1) Sec. 1-3. Catchlines, history notes, etc.; ref- erences to Code. (a) Catchllnes, headings and titles of sections, divisions, subdivisions, articles and chapters of this Code or in changes made in the Code are inserted for the convenience of users of the Code and shall have no legal effect. (b) The history or source notes appearing in parentheses after sections in this Code are not intended to have any legal effect but are merely intended to indicate the source of matter con- tained in the section. Cross references and state law references which appear after sections or subsections of this Code or which otherwise ap- pear in footnote form are provided for the conve- nience of the user of this Code and have no legal effect. (c) All references to chapters, articles, or sec- tions are to the chapters, articles, and sections of this Code unless otherwise specified. (Code 1977, ~ 1-4) Sec. 1-4. Severability. The city council hereby declares that it would have passed each sentence, section, part or chap- ter of this Code independently of each and every other sentence, section, part or chapter, and the fact that any section, sentence, part or chapter, or any part thereof may be found to be invalid shall not affect the validity of any other portion of this Code. (Code 1977, ~ 1-5) Charter reference-Severability, ~ 5.17. Sec. 1-5. General penalty. Uuless otherwise specifically provided, when- ever in this Code or any other ordinance of the city or any section or an order, rule or regulation promulgated under the provisions of this Code or other ordinance of the city any act is prohibited, made or declared to be unlawful, an offense, nuisance or misdemeanor, where no specific pen- alty is provided therefor, any person who shall be 98 . e . . . . e . e . GENERAL PROVISIONS ~ 1.10 convicted of the violation of any such provision of this Code or other ordinance of the city or of such orders, rules or regulations shall be punished by a fine of not more than one thousand dollars ($1,000.00), or by imprisonment for a period not exceeding one year, or both such fine and impris- onment; provided, however, that no person under the age of eighteen (18) years shall be subjected to imprisonment for violation of any provision of this Code. (Code 1977, ~ 1-6; Ord. No. 1998--1120, n, 6-8-98) State law reference--Authority of city to impose penalty for violation of city ordinances, C.R.S. ~ 31-16-101. Sec. 1-6. Issuance of summons or complaint to violators; continuing violations. Any person who is alleged to have violated any provision of this Code or other ordinances of the city shall be issued a summons and complaint charging the nature of the violation and shall be ordered to appear before the municipal court at a stated date, time, and place, or in the office of the court clerk of the municipal court at a stated date and time ot within a stated period of time after service of such summons and complaint. Each day that a violation of this Code or any other ordi- nance of the city shall continue shall constitute a separate offense. (Code 1977, ~ 1-7) Sec. 1-7. Provisions considered as continu- ations of existing ordinances. The provisions appearing in this and the fol- lowing chapters, so far as they are in substance the same as those of ordinances existing at the time of the adoption of "The Code of the City of Wheat Ridge, Colorado," shall be considered as continuations thereof and not as new enactments. (Code 1977, ~ 1-3) Sec. 1-8. Ordinances not affected by Code. Nothing in this Code or the ordinance adopting this Code shall affect any ordinance: (1) Promising or guaranteeing the payment of money. (2) Authorizing the issuance of bonds or any evidence of indebtedness. Supp. No. 21 (3) Authorizing or approving a contract. (4) Granting a franchise. (5) Dedicating, naming, establishing, locat- ing, relocating, opening, closing, paving or widening any street or public way. (6) Establishing or altering the grades of any street. (7) Approving a budget. (8) Levying or imposing taxes that is not codified in this Code. (9) Establishing salaries or other benefits for officers or employees of the city. (10) Dealing with special assessments. (11) Annexing property into the city. (12) Dealing with zoning of specific property. (13) Whose purpose has been accomplished. (14) Which is special although permanent in effect. (15) Which is temporary although general in effect. Sec. 1-9. Code does not affect prior offenses, rights, etc. (a) Nothing in this Code or the ordinance adopt- ing this Code shall affect any offense or act committed or done, or any penalty or forfeiture incurred, or any contract or right established or occurring before the effective date of this Code. (b) The adoption of this Code shall not be interpreted as authorizing or allowing any use or the continuance of any use of a structure or premises in violation of any ordinance of the city in effect on the date of adoption of this Code. Sec. 1-10. Semiannual supplementation and readoption of Code. (a) Purpose; Legislative Findings. This section is enacted for the purpose of providing for the expeditious administrative codification of ordi- nances of and within the city, and as such, the city council determines that this' .section is in further- ance of the public health, safety and welfare. 99 ~ 1-10 WHEAT RIDGE CITY CODE (b) Delegation of Duty and Authority to City Clerk. The city council does hereby expressly delegate to the duly elected and serving city clerk, or to the city clerk's designee, the duty and authority to cause to be codified all ordinances enacted by the city council subsequent to October 26, 1987, pursuant to the procedure hereafter set forth. (c) Administrative Procedure; Duties of City Clerk. In providing for the codification of ordi- nances, the city clerk shall substantially adhere to the following procedure: (1) Submission of ordinances for publication. On or before the last business day during the months of May and November of each year, the city clerk shall cause to be cer- tified and forwarded to the codifier of ordinances duly selected by or having contracted with the city all ordinances enacted by the city council since the most recent codification of ordinances. (2) Review of publication. Promptly upon re- cei pt by the city clerk of such codified ordinances from the codifier, the city clerk shall review such codified ordinances for accuracy of codification. If an error in codification is found by the city clerk, the proposed codification shall immediately be retumed to the codifier for correction. (3) Submission of publication for review by city council, department heads. In the event no errors are found by the city clerk, the city clerk shall forthwith distribute copies of the proposed codification to the members of the city council and all depart- ment heads within the city administra- tion for review as to accuracy of codifica- tion. In the event any error in the accuracy of the codification is discovered by such councilmembers or department heads, they shall be presented to the city clerk within seven (7) days of the date of distribution by the clerk, and the city clerk shall immediately return the proposed codifica- tion to the codifier for correction. (4) Posting, publishing of notice of codifica- tion. Upon the fulfillment by the city clerk Supp. No. 21 of the duties imposed in a preceding para- graph of this section, which duties are designed to ensure the accuracy of the proposed codification of ordinances, and upon the city clerk's satisfaction that there are no errors in codification, the city clerk shall prepare a notice of codification, set- ting forth the designated numbers as- signed to the ordinances codified and the effective date of the codification, and shall cause said notice of codification to be posted in a conspicuous place within the Wheat Ridge Municipal Building, and shall further cause the notice of codification to be published once in a newspaper of gen- eral circulation within the city. (d) Official Status; Effective Date. Upon the completion of each of the steps in the procedure specified in subsection (a) above, the codification shall become official and shall take effect five (5) days after notice of codification is published in the newspaper of general circulation within the city. (e) Effect on Code, Ordinances Not Codified. (1) Upon the codification of ordinances as above described, the provisions of this Code shall be considered to be amended and, as so amended in full force and effect at the time provided in subsection (d) above. Except as otherwise provided in paragraphs (2) and (3) of this subsection, all ordinances adopted on final reading and passage on or before the date of notice of codification and not contained in such Code are considered repealed from and after the effective date of the codification of ordinances as described in subsection (d) above. (2) The repeal provided for in paragraph (1) of the subsection shall not affect any of- fense or act committed or done or any penalty or forfeiture incurred or any con- tract or right established or accruing be- fore the effective date of the ordinance codification; nor shall it affect any prose- cution, suit or proceeding pending or any judgment rendered prior to the effective date of the ordinance . codification; nor shall such repeal affect any ordinance or 100 . e . e . . e . e . GENERAL PROVISIONS Ii 1-10 resolution promising or guaranteeing the payment of money for the city or autho- rizing the issue of any bonds of the city or any evidence of the city's indebtedness or any contract or obligation assumed by the city; nor shall it affect any annual tax levy; nor shall it affect any right or fran- chise conferred by ordinance or resolution of the city council on any person or corpo- ration; nor shall it affect any ordinance adopted for any purposes which have been consummated; nor shall it affect any or- dinance which is temporary, although gen- eral in effect, or special, although perma- nent in effect; nor shall it affect any ordinance relating to the salaries of the city officers or employees; nor shall it affect any ordinances annexing territory to the city; nor shall it affect any ordi- nance naming, renaming, opening, accept- ing, or vacating streets or alleys in the city; nor shall it affect any ordinance relating to zoning not codified; nor shall it affect any ordinance adopted on final read- ing and passage after the date of the enactment of the last ordinance in the series currently being codified. (3) The codification of ordinances provided for herein shall not affect any ordinances enacted after the date of the enactment of the last ordinance in the series currently being codified at any time under the pro- visions of this section. It is further recog- nized that some ordinances so enacted may have an affect on the ordinances being codified hereunder, and may in ef- fect modify this Code to some extent. (Code 1977, ~~ 2-61-2-65; Ord. No. 954, ~~ 1,2, 2-28-94) Supp. No. 21 [The next page is 1511 101