§ 39-2. Adoption of rules.

(a)

Any proposed rules and any amendments to the rules shall be referred to the board of parks and recreation by the manager. The board of parks and recreation shall consider the proposed rules or amendments to the rules and make recommendations to the manager within forty-five (45) days of the board's receipt of the proposed rules or amendments to the rules.

(b)

The manager shall cause to be published a notice of proposed rule-making at least twenty (20) days before conducting public hearings on the proposed rules or amendments to the rules. The notice shall include the following information:

(1)

The date, time, place, and subject of the public rule-making hearing;

(2)

The requirements, if any, for interested parties to notify the manager of their intent to participate in the hearing, including the manner of such notice and the deadline for such notice; and

(3)

A statement that the complete text of the proposed rules or amendments is on file with and may be examined at the office of the manager and online at a specified website.

(c)

The manager may make changes in the text of the proposed rule or proposed amendment prior to, during, or as a result of the hearing.

(d)

Any person who wishes to comment on proposed rules may do so in writing delivered to the manager prior to the date of the hearing or in person at the hearing, subject to any requirements for participation set out in the notice of hearing. If minutes are not prepared, the manager shall preserve the proceedings at the hearing on audio magnetic tape or similar audio-recording media so that the proceedings may be transcribed at a later date at the expense of the one requesting a transcript of the hearing.

(e)

The rules shall become effective upon dating and signing of the rules by the manager and the approval of the rules for legality by the city attorney. Within seven (7) business days after adoption of the rules, the manager shall file a copy of the rules as finally adopted with the clerk and recorder and the city attorney and shall cause to be published a notice of their adoption in an official publication of the city. The notice shall also include a statement that the rules are on file with the manager, online at a specified Denver website, and available for public inspection and copying.

(f)

Any judicial or quasi-judicial action to contest the validity of the procedure in adopting the park rules may not commence more than one hundred twenty (120) days after the adoption of the rule.

(g)

The manager may adopt a temporary directive without following the notice and hearing requirements of this section if such action is necessary to comply with state, local or federal law or if it is deemed necessary by the manager to protect immediately the public health, safety or welfare or to protect or preserve a park, parkway median, mountain park or other recreational facility. After adoption of a temporary directive, the complete text of the temporary directive so adopted shall be filed with the city clerk and a notice of adoption shall be published. The temporary directive adopted in such a case shall take effect on the date of adoption or a later date specified in the temporary directive. However, such temporary directive shall not continue in effect for more than one hundred eighty (180) days after the date of its adoption or after the later date specified in the temporary directive.

(Ord. No. 446-12, § 1, 9-10-12; Ord. No. 728-15, § 1, 11-9-15)