HomeMy WebLinkAbout020 - 06/25/1959 - ADOPTING AND ENACTING BY REFERENCE THE CITY OF FORT COLLINS, COLORADO, CODE OF ORDINANCES 1958 CONTA ORDINANCE NO 20, 1959
AN ORDINANCE ADOPTING AND ENACTING BY REFERENCE THE CODE
OF ORDINANCES OF THE CITY OF FORT COLLINS COLORADO 1958
COMPILED REVISED AND CODIFIED BY AUTHORITY OF THE COUNCIL
OF THE CITY OF FORT COLLINS COLORADO CONTAINING THE
PERMANENT AND GENERAL ORDINANCES OF THE CITY AND ALSO THE
CHARTER OF THE CITY REPEALING ALL ORDINANCES AND PARTS
OF ORDINANCES OF A PERMANENT AND GENERAL NATURE NOT INCLUDED
IN SAID CODE PROVIDING PENALTIES FOR VIOLATIONS OF THE CODE
AND OF ORDINANCES LATER ADOPTED AND FOR WRONGFULLY CHANGING
OR TAMPERING WITH THE CODE REGULATING THE BRINGING OF THE
CODE UP TO DATE PROVIDING FOR CERTIFICATION OF COPIES OF
THE CODE AND FOR SALE OF COPIES THEREOF AND PRESCRIBING
THE TIME WHEN THE CODE SHALL BECOME EFFECTIVE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS
Section 1 Code adopted - How cited
The code of ordinances compiled revised and codified for the
City of Fort Collins Colorado by Charles F Spencer by authority of the
City Council of the said City consisting of Chapters 1 to 24 a copy of
which said printed text is appended hereto is hereby referred to and
incorporated in full in this ordinance with the same force and effect as
though set forth in this ordinance in full is hereby adopted and enacted
for the City of Fort Collins Colorado and shall go into effect on the
tenth day following its final passage Said code may be cited as Code of
Ordinances of the City of Fort Collins Colorado 1958 or by the short
title Fort Collins Code 1958 When a change or changes have been prepared
apd inserted in said code as provided hereinbelow the words as amended may
be added to the above citation or title when referring to the code as amended
Section 2 Charter of the City included
The Charter of the City of Fort Collins Colorado adopted in
1954 as amended is included in Appendix 1 of said code for convenience
Section 3 Permanent and general ordinances not included, are repealed
All ordinances and parts of ordinances of a permanent and general
nature passed prior to December 1 1958 and in effect at the time the said
code is adopted but not included in the code are hereby repealed as of the
time when the code goes into effect except as hereinafter provided Ordinances
passed on or after December 1 1958 shall not be repealed or amended by the
adoption of the code or the passage of this ordinance
The repeal of any ordinances or parts of ordinances of a general
and permanent nature as herein enacted and made a part of the code shall not
revive any ordinance or ordinances heretofore repealed or superseded
Section 4 Repeal of ordinances not to affect any offense or act
done prior to time code goes into effect, etc
The repeal of ordinances and parts of ordinances of a permanent
and general nature by the above section of this ordinance shall not affect
any offense committed or act done or any penalty or forfeiture incurred or
any contract right or obligation established prior to the time when said
ordinances and parts of ordinances are repealed
Section 5 Temporary and/or special ordinances and ordinances adopting
technical codes or publication by reference continue in
effect, although omitted from the code
The continuance in effect of temporary and/or special ordinances
and parts of ordinances and ordinances adopting technical codes or publication
by reference although omitted from the said code shall not be affected by
such omission therefrom and the adoption of the code shall not repeal or amend
any such ordinance or part of any such ordinance Among the temporary and/or
special ordinances not repealed or amended by the adoption of the code are
the following Ordinances creating opening dedicating vacating or closing
specific streets alleys and other public ways naming or changing the names of
specific streets and other public ways establishing the grades of specific
streets and other public ways establishing the grades or lines of specific
sidewalks authorizing or relating to specific issues of general obligation
bonds creating specific sewer and paving districts and other local improvement
districts authorizing the issuance of specific local improvement district
bonds making special assessments for local improvements authorizing refunds
from specific local improvement district bond proceeds annexing territory to
or excluding territory from the city dedicating or accepting any specific
plat or subdivision calling or providing for a specific election authorizing
specific contracts for purchase of beneficial use of water by the city approving
or authorizing specific contracts with the State or with others authorizing a
specific lease sale or purchase of property granting rights-of-way or other
rights and privileges to specific railroad companies and other public carriers
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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 granting a franchise to a specific public utility company or
establishing rates for and otherwise regulating a specific public utility
company appropriating money levying a temporary tax or fixing a temporary
tax rate
The following ordinances adopting technical codes or publication by
reference are continued in full force and effect to-wit Ordinance No 29
1958 adopting the 1958 edition of the Uniform Building Code Ordinance No
28 1958 adopting the Fire Prevention Code and Ordinance No 34 1958
adopting the National Electrical Code
The following ordinances as amended although they are temporary or
special ordinances are included in the appendices to the code for convenience
Ordinance No 13 of 1947 as amended granting a gas franchise and Ordinance
No 13 of 1956 as amended authorizing annexation of College Addition
Section 6 Catchlines, headings and titles
Catchlines headings and titles of sections and other subdivisions
in the code adopted by this ordinance or in annual changes made in the code
are inserted for the convenience of users of the code and shall have no legal
effect
Section 7 Notes inserted for convenience
Notes indicating sources of sections giving other information or
referring to the statutes to the Charter or to other parts of the code are
inserted in the code and may be inserted in changes to the code for the
convenience of persons using the code and shall have no legal effect
Section 8 Penalty sections of the code
The following sections and parts of sections of the code adopted by
this ordinance contain penalty sections and said penalty sections are hereinafter
set forth in full and re-enacted in pursuance of CRS 1953 139-34-4
Section 4-3a
The following section of the Uniform Building Code contains a penalty
clause which is herewith set forth in full as required by Section 139 34 4
Colorado Revised Statutes 1953 to wit
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Section 205 It shall be unlawful for any person firm or
corporation to erect construct enlarge alter repair move improve
remove convert or demolish equip use occupy 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 Code
Any person firm or corporation violating any of the provisions of
this Code shall be deemed guilty of a misdemeanor and each such person shall
be deemed guilty of a separate offense for each and every day or portion
thereof during which any violation of any of the provisions of this Code is
committed continued or permitted and upon conviction of any such violation
such person shall be punishable by a fine of not more than $300 00 or by
imprisonment for not more than 90 days
Section 9-10 Penalties
(a) Any person who shall violate any of the provisions of the code
hereby adopted or fail to comply therewith or who shall violate or fail
to comply with any order made thereunder or who shall build in violation
of any detailed statement of specifications or plans submitted and approved
thereunder or any certificate or permit issued thereunder and from which
no appeal has been taken or who shall fail to comply with such an order as
affirmed or modified by the City Council or by a court of competent jurisdiction
within the time fixed herein shall severally for each and every such violation
and noncompliance respectively be guilty of a misdemeanor punishable by a
fine of not more than $300 00 or by imprisonment for a period of not more than
90 days The imposition of one penalty for any violation shall not excuse the
violation or permitit to continue and all such persons shall be required to
correct or remedy such violations or defects within a reasonable time and
when not otherwise specified each ten days that prohibited conditions are
maintained shall constitute a separate offense
(b) The application of the above penalty shall not be held to prevent
the enforced removal of prohibited conditions
Section 12-6 Penalty
Any person firm or corporation who shall violate any provision
of the Code of Ordinances of the City of Fort Collins Colorado or any
provision of any code or other regulation adopted by reference by this
Code of Ordinances by doing any act prohibited or declared to be unlawful
thereby or declared to be an offense or misdemeanor thereby or who shall
engage in or exercise any business or occupation or do anything for which a
license or permit is required thereby without having a valid license or permit
therefor as required or who shall fail to do any act required by any such
p--ovision or who shall fail to do any act when such provision declares such
failure to be unlawful or to be an offense or misdemeanor shall be guilty of
a misdemeanor and upon conviction shall be punished by a fine not exceeding
$300 00 or by imprisionment not exceeding 90 days unless a specific penalty
is provided for a particular misdemeanor Each day upon which any such violation
shall continue shall constitute a separate misdemeanor
Section 23-116 Drivirg while under the influence of liquor or drugs
(a) It is a violation of this ordinance for any person while under
the influence of intoxicating liquor or narcotic drugs or any other drugs
or who is an habitual user of narcotic drugs or other drugs to drive any
vehicle upon any street within this municipality
(b) Every person who is found guilty of a violation of this section
shall be punished by imprisonment for not more than 90 days or by fine of not
more than $300 00 and if in the opinion of the Municipal Judge he deems it
advisable the right to drive a vehrle upon the streets of the City of Fort
Collins may be revoked for a period not to exceed six (6) months
(c) Every finding of guilty under this section shall be reported to
the Motor Vehicle Division of the Department of Revenue of the State of Colorado
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or such other agency as may by statute be designated for the purpose of
supervising the licensing of drivers and chauffeurs
Section 23-117 Reckless driving
(a) Any person who drives any vehicle within this municipality in such
a manner as to indicate either a willful or wanton disregard for the safety
of persons or property is guilty of reckless driving
(b) Every person found guilty of reckless driving shall be punished
by imprisionment for period of not more than 90 days or by fine of not more
than $300 00 and if in the opinion of the Municipal Judge he deems it advisable
the right to drive a vehicle upon the streets of the City of Fort Collins may be
revoked for a period not to exceed six (6) months
Section 23-118 Careless driving
(a) Every person operating a vehicle upon the streets within this
/ municipality shall drive the same in a careful and prudent manner having
regard for the width grade Curves corners traffic and use of these streets
and all other attendant circumstances so as not to endanger the life limb
or property of any person Failure to drive in such manner shall constitute
careless driving and a violation of this ordinance
(b) Every person found guilty of careless driving shall be punished by
a fine of not more than $300 00 or by imprisonment for a period of not more than
90 days and if in the opinion of the Municipal Judge he deems it advisable
the right to drive a vehicle upon the streets of the City of Fort Collins may
be revoked for a period not to exceed six (6) months
Section 23-119 Accidents involving death or personal injuries or damage
to vehicles
(a) The driver of any vehicle directly involved in an accident resulting
in injury to or death to any person or resulting in damage to a vehicle which
is driven or attended by any person shall immediately stop such vehicle at the
scene of such accidenyb9fis close thereto as possible but shall then forthwith
return to and in every event remain at the scene of the accident until he has
fulfilled the requirements of Section 23-120 Every such stop shall be made
without obstructing traffic more than is necessary
(b) Any person failing to stop or comply with said requirements under
such circumstances shall be guilty of violations of this chapter and shall upon
being found guilty be punished by imprisonment for not more than 90 days or a
fine of not more than $300 00 and if in the opinion of the Municipal Judge he
deems it advisable the right to drive a vehicle upon the streets of the City of
Fort Collins may be revoked for a period not to exceed six (6) months
Section 23-135 Penalties
Unless another penalty is expressly provided herein every person found
guilty of a violation of any provision of this chapter may be punished by a fine
of not more than $300 00 or by imprisonment for not more than 90 days and if
in the opinion of the Municipal Judge he deems it advisable the right to drive
a vehicle upon the streets of the City of Fort Collins may be revoked for a
period not to exceed six (6) months
Section 23-229
Any person or persons association partnership or corporation who
shall violate any provision of this chapter shall be guilty of a violation
of this chapter and upon conviction thereof shall be punished by a fine of
not to exceed $100 00 and shall pay all damages caused the City of Fort Collins
by the operation of vehicles in violation of this chapter
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Section 9 Penalty for violation of ordinances passed or adopted
after December 1, 1958
Any person firm or corporation who shall violate any provision
of any ordinance of a permanent and general nature passed or adopted after
December 1 1958 either before or after it has been inserted in the code of
ordinances by an annual change shall be guilty of a misdemeanor and upon
conviction thereof shall be punished as provided by Section 12-6 of the code
of ordinances adopted by this ordinance unless another penalty is specifically
provided for the violation
Section 10 Certified copies of the code
The Mayor and City Clerk shall carefully examine at least three
copies of the code adopted by this ordinance to see that they are true and correct
copies of the code Similarly after each annual change has been prepared
printed and inserted in the code the Mayor and City Clerk shall carefully
examine at least three copies of the code as amended to see that they are
true and correct copies of the code as amended The City Clerk shall then
insert a certificate in the front of each of said true and correct copies of
the code certifying substantially that the copy is a true and correct copy of
the code of ordinances of the City containing all permanent and general
ordinances passed or adopted prio- to the preceding December 1 and still in
effect as of that date All of the pages of the code and the certificate
shall be bound together by running a one-piece ribbon through holes in the
inner margins of all the sheets and tying the ends of the ribbon in a secure
knot The ends of the ribbon shall then be placed under an adhesive seal
wafer and fastened to the certificate by the wafer Both the Mayor and the
City Clerk shall sign the certificate and the City Clerk shall seal it with
the Seal of the City impressing the seal on the wafer and the sheet to which
it is attached
The copies of the code as originally adopted or as amended so bound
certified and sealed shall constitute the permanent and general ordinances of
the City as of the date indicated in the certificate and shall be so accepted
by the courts of law administrative tribunals and others concerned
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At least three copies of the code so bound certified and sealed
most recently shall be kept in the office of the City Clerk at all times and
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 Provided also that the Council or the City Manager
in writing may authorize the temporary removal of one and only one of said
copies at a time from the City Clerk's office for good cause
Section 11 Permanent and general ordinances passed on and after
December 1, 1958, to be deemed amendments of the code
Ordinances and parts of ordinances of a permanent and general nature
passed or adopted on and after December 1 1958 may be passed or adopted either
(a) in the form of amendments to the code of ordnances adopted by this
ordinance or (b) without specific reference to said code But in either case
all such ordinances and parts of ordinances shall be deemed amendments to said
code and all of the substantive permanent and general parts of such ordinances
and changes made thereby in said code shall be inserted and made in said code
annually as provided hereinbelow
Section 12 Annual change to be prepared embodying permanent and
general ordinances
(1) The Council by contract or by City personnel shall cause
a change to the code of ordinances adopted by this ordinance to be prepared
and printed annually as soon after December 1 as practicable pursuant to the
City Charter Article II Section 9 Said annual change to the code shall
include all substantive permanent and general parts of ordinances passed by
the Council or adopted by initiative and referendum during the year preceding
said December 1 and all changes made thereby in the code and shall also
include all charter amendments and all amendments or changes in temporary and
special ordinances included in the appendices of the code which have been
made during the year The pages of an annual change shall be so numbered that
they will fit properly into the code and where necessary replace pages which
have become obsolete or partially obsolete and said new pages shall be so
prepared that when they have been inserted the code will be up to date up to
said December 1
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(2) When preparing an annual change the codifier (meaning in
this section the person agency or organization authorized to prepare the
change) may make formal nonsubstantive changes in ordinances and parts of
ordinances included in the change insofar as it is necessary to do so to
embody them into a unified code For example the codifier may (a) organize
the ordinance material into appropriate subdivisions (b) provide appropriate
catchlines headings and titles for sections and other subdivisions of the
code printed in the change and may make changes in such catchlines heauings
and titles (c) assign appropriate numbers to sections and other subdivisions
to be inserted in the code (d) change the words this ordinance or words of
the same meaning to Sections to inserting section numbers to
indicate the sections of the code which embody the substantive sections of the
ordinance incorporated into the code and (e) make other nonsubstantive changes
necessary to preserve the original meaning of ordinance sections inserted into
the code But in no case shall the dodifier make any change in the meaning
or effect or ordinance material included in the annual change or already embodied
in the code
(3) Each annual change shall include a new title page for the
code and the title page shall include a notation below the title indicating
that the code contains all permanent and general ordinances and parts of
ordinances passed prior to the preceding December 1 and still in effect The
words as amended may be added to the title after the date 1958
(4) With prior approval of the City Attorney or Council an
annual change may include new materials in appendices to the code for con-
venience of persons using the code
(5) Every annual change shall include an index supplement indexing
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the materials in the change or changes or a new index to the code
(6) In preparing every annual change the codifier shall be subject
to the direction and supervision of the City Attorney of the City of Fort
Collins
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(7) After every annual change has been prepared and printed a
number of copies of the change equal at least to the numbers of copies of the
code still in existence shall be deposited in the office of the CityClerk The
City Clerk shall furnish one copy /of every change to each holder of a copy of
the code without charge either on request by the holder or by sending the change
to the holder by mail or otherwise Immediately after receiving the copies of
an annual change the City Clerk shall cause the change to be properly inserted
and made in all copies of the code still in his possession
Section 13 Penalty for altering or tampering with code
Any person firm or corporation who shall alter change or amend the
code of ordinances adopted bj this ordinance except in the manner prescribed
by this ordinance or who shall alter or tamper with the said code in any
manner so as to cause the ordinances of the City of Fort Collins to be mis-
represented thereby shall be guilty of a misdemeanor and upon conviction
thereof shall be punished as provided by Section 12-6 of said code
Section 14 Sale of copies of the code
The City Clerk is hereby authorized and directed to sell copies of
the code of ordinances to the public at a price to be determined from time to
time by motion or resolution of the Council
Introduced considered favorably on first reading and ordered published
this 28th day of May A D 1959 and to be presented for final passage on the
25th day of June A D 1959
Mayor
ATTEST
City C rk
Passed and adopted on final reading this 25th day of June A D 1959
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Mayo
ATTEST
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Citv Cliark