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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is included in Appendix 1 of said code for convenience Section 3 Permanent and general ordinances not included, are repealed All ordinances and parts of ordinances of a permanent and general nature passed prior to December 1 1958 and in effect at the time the said code is adopted but not included in the code are hereby repealed as of the time when the code goes into effect except as hereinafter provided Ordinances passed on or after December 1 1958 shall not be repealed or amended by the adoption of the code or the passage of this ordinance The repeal of any ordinances or parts of ordinances of a general and permanent nature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 -2- 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 -3- r 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 -4- 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 -5- 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 6 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 -7- (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 i 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 -8- (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 6 Mayo ATTEST �2" Citv Cliark