REVISED MUNICIPAL CODE OF THE CITY AND COUNTY OF DENVER, COLORADO
____________
VOLUME I
____________
Adopted May 24, 1982
Effective September 1, 1982____________
Published in 1982 by Order of the City Council
____________
>OFFICIALS
of the
CITY AND COUNTY OF DENVER, COLORADO____________
Michael B. Hancock
Mayor____________
Timothy M. O'Brien
Auditor
____________
Kendra Black Albus Brooks
Jolon Clark Rafael Espinoza Kevin Flynn Stacie Gilmore Christopher Herndon Paul Kashmann Robin Kniech Paul Lopez Wayne New Deborah Ortega Mary Beth Susman Council
____________
Kristin M. Bronson
City Attorney____________
Debra Johnson
Clerk and RecorderPREFACE
This Code constitutes a complete recodification of the ordinances of the City and County of Denver, Colorado, of a general and permanent nature. As expressed in the Adopting Ordinance, the Code supersedes all such ordinances not included herein or recognized as continuing in force by reference thereto.
The chapters of the Code are arranged in alphabetical order and the sections within each chapter are catchlined to facilitate usage. Footnotes which tie related sections of the Code together and which refer to relevant provisions of the state law have been included. A table listing the state law citations and setting forth their location within the Code is included at the back of this volume.
The source of each section is indicated by the history note appearing in parentheses at the end thereof. The absence of such a note indicates that the section is new and was adopted for the first time within the adoption of the Code. By use of the Comparative Table appearing in the back of the volume, any 1950 Code Section, as supplemented, included herein can be readily found in the Code.
Numbering System
The numbering system used in this Code is the same system used in many state and local government codes. Each section number consists of two component parts separated by a dash, the figure before the dash representing the chapter number and the figure after the dash indicating the position of the section within the chapter. Thus, the first section of chapter 1 is numbered 1-1 and the sixth section of chapter 7 is 7-6. Under this system, each section is identified with its chapter, and, at the same time, new sections or even whole chapters can be inserted in their proper places, simply by using the decimal system for amendments. By way of illustration: If new material consisting of three sections that would logically come between sections 7-4 and 7-5 is desired to be added, such new sections would be numbered 7-4.1, 7-4.2 and 7-4.3, respectively. New chapters may be included in the same manner. If the new material is to be included between chapters 12 and 13 it will be designated as chapter 12.5. Care should be taken that the alphabetical arrangement of chapters is maintained when including new chapters. New articles and new divisions may be included in the same way or, in the case of articles, may be placed at the end of the chapter embracing the subject, and, in the case of divisions, may be placed at the end of the article embracing the subject, the next successive number being assigned to the article or division.
Index
The index has been prepared with the greatest of care. Each particular item has been placed under several headings, some of the headings being couched in lay phraseology, others in legal terminology and still others in language generally used by government officials and employees. There are numerous cross references within the index itself which stand as guideposts to direct the user to the particular item in which he is interested.
Looseleaf Supplements
A special feature of this Code is the looseleaf system of binding and supplemental service, by which the Code will be kept up-to-date periodically. Upon the final passage of amendatory ordinances, they will be properly edited and the page or pages affected will be reprinted. These new pages will be distributed to holders of copies of the Code, with instructions for the manner of inserting the new pages and deleting the obsolete pages. Each such amendment, when incorporated into the Code, may be cited as a part thereof, as provided in section 5 of the Adopting Ordinance.
The successful maintenance of this Code up-to-date at all times will depend largely upon the holder of the volume. As revised sheets are received it will then become the responsibility of the holder to have the amendments inserted according to the attached instructions. It is strongly recommended by the publishers that all such amendments be inserted immediately upon receipt to avoid misplacing them and, in addition, that all deleted pages be saved and filed for historical reference purposes.
Acknowledgments
The publication of this Code was under the direct supervision of George R. Langford, President, and Bill Carroll, of the Editorial staff of the Municipal Code Corporation, Tallahassee, Florida. Credit is gratefully given to the other members of the publisher's staff for their sincere interest and able assistance throughout the project.
The publishers are most grateful to Mr. Herman J. Atencio, Assistant City Attorney, Mr. F. J. Serafini, City Clerk, and Mrs. Lucy Ockl, Deputy City Clerk, and other city officials for their interest and cooperation in the codification project.
May, 1982
MUNICIPAL CODE CORPORATION Tallahassee, Florida BY AUTHORITY
ORDINANCE NO. 250
Council Bill No. 234, Series of 1982. Introduced by: Hackworth, Burke, Donohue, Reynolds, Sandos and Scheitler.
A BILL
For an Ordinance Adopting The "Revised Municipal Code of the City and County of Denver, Incorporating Therein the General Ordinances of the City and County of Denver, Providing for the Repeal of all Ordinances of a General and Permanent Nature Not Included Therein, Save and Except Such Ordinances Particularly Specified as Excepted From Such Repeal; Providing for Penalties for Violation of the Provisions of Said Code; and Providing for a Public Hearing on the Adoption of Said Code and Providing for the Effective Date of Said Code.
Be It Enacted by the Council of the City and County of Denver:
Section 1. The Revised Municipal Code, consisting of Chapters 1 to 59, each inclusive, is hereby adopted and enacted as the "Revised Municipal Code of the City and County of Denver," and shall be treated and considered as a new and original comprehensive ordinance which shall supersede all general and permanent ordinances of Denver adopted on or before December 29, 1980, to the extent provided in Section 3 hereof.
Section 2. The purpose of the Revised Municipal Code is to regulate activities of the City and County of Denver, Colorado, and its citizens, with regard to the subject matter of the Revised Municipal Code, which is comprised of administration, departments, boards and commissions, public ways and property, public health and sanitation, utilities, business, building, fire and police regulations, zoning, traffic and other subjects of municipal concern.
Section 3. All the provisions of the Revised Municipal Code, EXCEPT Chapter 54 relating to Traffic Regulations and EXCEPT Chapter 38 relating to Offenses, Miscellaneous Provisions, shall be in full force and effect from and after September 1, 1982, and all ordinances of a general and permanent nature of the City and County of Denver, adopted on final passage on or before December 31, 1980, and not included in such Code or recognized and continued in force by reference therein, are hereby repealed from and after September 1, 1982, except that the following main divisions, chapters, articles or sections of the "Revised Municipal Code of the City and County of Denver", also known as Ordinance 250 Series of 1950, as amended, are hereby saved from repeal and will be recognized and continued in full force and effect, in their entirety, until subsequently repealed and/or re-enacted.
(a)
Main division FIVE (500 Series) relating to Traffic Rules and Regulations, and all chapters, articles or sections pertaining thereto.
(b)
Main division EIGHT (800 Series) relating to Offenses and all chapters, articles or sections pertaining thereto.
(c)
Main division ONE Chapter 5, Article 2 (152 Series) and all subsections thereto relating to Procedures in the County Court and applicable to main division FIVE and EIGHT.
(d)
Main division ZERO Chapter 1, Article 1, Section 10 (011.10) relating to the General Penalty applicable to main division FIVE and EIGHT.
Section 4. The repeal provided for in Section 3 hereof shall not be construed to revive any ordinance or part thereof that has been repealed by a subsequent ordinance which is repealed by this ordinance.
Section 5. (a) The City Clerk shall distribute such sets of the Revised Municipal Code and amendments thereto as may be necessary to the various departments of the City and County for official use of municipal officers, boards and commissions, and for exchange purposes for similar publications of other cities. All volumes designated for official use shall remain the property of the City and County of Denver for the use of such officials and their successors and shall bear such designation. The City Clerk shall prepare or cause to be prepared a list of the municipal officers, boards and commissions who shall receive for official use sets of said Code, and shall thereupon deliver such sets to such officers taking a receipt for each set so delivered.
(b)
The City Clerk shall make the Revised Municipal Code and supplements thereto available to the public, and shall charge therefor such fees as are reasonable.
Section 6. (a) Whenever in any section of the Revised Municipal Code or any section of a rule or regulation promulgated thereunder the doing of any act is required, prohibited or declared to be unlawful and no definite fine or penalty is provided for a violation thereof, any person who shall be convicted of a violation of any such section shall, for each offense, be fined in a sum not more than nine hundred ninety-nine dollars ($999.00) or imprisoned not to exceed one hundred eighty (180) days, or both such fine and imprisonment. Each day an offense and violation continues shall constitute a separate offense and violation.
(b)
The suspension or revocation of any license, permit certificate or other privileges conferred by the city shall not be regarded as a penalty for the purposes of this Code.
(Ord. No. 692-82, § 3, 12-13-82)
Section 7. That the Revised Municipal Code, or any Chapter or Section thereof may be proved by a copy thereof, certified by the City Clerk, under the Seal of the City and County of Denver, that such copy is a true copy of the original on file in his office and that he is entrusted with the keeping of the original and the same is in his custody and control. When printed in book or pamphlet form and purporting to be printed by authority of the City and County of Denver, the same, when so certified, shall be received in evidence in all courts without further proof of the existence and regularity of the enactments of any particular ordinance and of said Code.
Section 8. That pursuant to and in compliance with Title 31, Article 16, Section 203 of Colorado Revised Statutes 1973, as amended, to publish notice of a public hearing on the adoption and enactment of the "Revised Municipal Code of the City and County of Denver," as prescribed in 31-16-203 of the Colorado Revised Statutes 1973, said public hearing to be held in the Council Chambers, Room 450, City and County Building, Denver, Colorado.
Section 9. (a) From and after the date of adoption of this Revised Municipal Code, all ordinances of a general and permanent nature amending or adding to this Code shall be revised, arranged and prepared for publication in the form of looseleaf supplements, reprinting the page or pages of the Code affected, removing the amended or obsolete provisions and inserting the new provisions.
(b)
Any and all additions or amendments to the Revised Municipal Code, when passed in such form as to indicate the intention of the Council to make the same a part thereof, shall be deemed to be incorporated in the Code so that reference to the "Revised Municipal Code of the City and County of Denver," shall be understood and intended to include such additions and amendments.
(c)
In case of the amendment of any section of the Revised Municipal Code which a penalty is not provided, the general penalty as provided in Section 1-13 of such Code shall apply to the section as amended; or in case such amendment contains provisions for which a penalty, other than the aforementioned general penalty, is provided in another section in the same chapter, the penalty so provided in such other section shall be held to relate to the section so amended; unless such penalty is specifically repealed therein.
Section 10. A copy of the Revised Municipal Code shall be kept on file in the office of the City Clerk, preserved in looseleaf form, or in such other form as the City Clerk may consider most expedient. It shall be the express duty of the City Clerk or someone authorized by him, to insert in their designated places all amendments or ordinances which indicate the intention of the Council to make the same a part of such Code when the same have been printed or reprinted in page form, and to extract from such Code all provisions which may be from time to time repealed by the Council. This copy of such Code shall be available for all persons desiring to examine the same and shall be considered the official Revised Municipal Code of Denver.
Section 11. It shall be unlawful for any person, firm or corporation to change or amend by additions or deletions any part or portions thereof, or to alter or tamper with the Revised Municipal Code in any manner whatsoever which will cause the ordinances of the City and County of Denver to be misrepresented thereby. Any person, firm or corporation violating this section shall be punished as provided in Section 6 of this ordinance.
Section 12. Two copies of the final proofs of this Ordinance, in proposed form, are a matter of public record.
Section 13. The City Clerk will publish in book or pamphlet form, the final proofs of this ordinance pursuant to the Charter of the City and County of Denver. Two copies of said ordinance shall be on file with the City Clerk of the City and County of Denver, Room 281.
Section 14. As a matter of Public Record, three copies of the proposed Revised Municipal Code are on file with the City Clerk of the City and County of Denver, Room 281, City and County Building, Denver, Colorado 80203 under Filing No. 98720.
Passed by the Council May 24, 1982.
/s/ William R. Roberts
PresidentApproved:
/s/ W.H. McNichols, Jr.
MayorMay 27, 1982
Attest:
/s/ F.J. Serafini
Clerk and Recorder, Ex-Officio
Clerk of the City and County of
Denver(SEAL)
Published in The Daily Journal Apr. 30, 1982 and June 1, 1982
PREPARED BY:
/s/ Max P. Zall
City AttorneyBy. W.H.V. 4-21-82
BY AUTHORITY
ORDINANCE NO. 311
Council Bill No. 335, Series of 1983, Introduced by: Reynolds, Sandos, Burke, Swalm, Scheitler and Trimble
A BILL
For an Ordinance Adopting, Enacting and Incorporating into the "Revised Municipal Code of the City and County of Denver", Known as Ordinance 250 Series of 1982, Chapter 38 Relating to Offenses, Chapter 54 Relating to Traffic Regulations, Repealing the Revised Municipal Code of 1950 Heretofore saved from Repeal and Setting Forth the Effective Date of This Ordinance.
Be It Enacted by the Council of the City and County of Denver:
Section 1. Chapter 38 relating to offenses and Chapter 54 relating to traffic regulations, as amended, designated as part of the Revised Municipal Code of the City and County of Denver (Ordinance 250, Series of 1982) as printed in said Code, are hereby adopted and enacted in their entirety and incorporated in the said Code.
(Ord. No. 358-83, § 1, 6-13-83)
Section 2. That Notice of Hearing, hearing and filings pursuant to requirement of law have been heretofore accomplished, said notice and filings are of record with the city clerk under Filing No. 98720.
Section 3. That all provisions, including penalties, of the Revised Municipal Code of the City and County of Denver, as amended, shall be applicable to said Chapter 38 and said Chapter 54.
Section 4. That all the provisions of Ordinance 250, Series of 1950 heretofore saved from repeal by Ordinance 250, Series of 1982 are hereby repealed in their entirety.
Section 5. This Ordinance shall be in full force and effect on, from and after July 1, 1983.
Passed by the Council May 23, 1983.
/s/ Donohue
PresidentApproved:
/s/ McNichols, Jr.
MayorMay 26, 1983
Attest:
/s/ Serafini
Clerk and Recorder, Ex Officio Clerk of the City and County of DenverPublished in The Daily Journal May 20, 1983 and ________, 1983
PREPARED BY:
/s/ Max P. Zall
City AttorneyBy HJA 5-12-83