CODE OF ORDINANCES CITY OF DURANGO, COLORADO

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Published in 1986 by Order of the City Council

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OFFICIALS

of the

CITY OF

DURANGO, COLORADO

AT THE TIME OF THIS CODIFICATION

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Leonel B. Silva
Mayor

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Gregory W. Bell
Ann W. Brown
William F. Casey
Fred W. Klatt, III
City Council

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David P. Smith
City Attorney

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Pauline M. Redman
City Clerk

PREFACE

This Code constitutes a complete recodification of the ordinances of the City of Durango, Colorado, of a general and permanent nature.

Source materials used in the preparation of the Code were the 1962 Code, as supplemented through September 14, 1984, and ordinances subsequently adopted by the Council. The source of each section is included in 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 with the adoption of the Code. By use of the Comparative Tables appearing in the back of this volume, the reader can locate any section of the 1962 Code, as supplemented, and any subsequent ordinance included herein.

The chapters of the Code have been conveniently arranged in alphabetical order and the various sections within each chapter have been catchlined to facilitate usage. Footnotes which tie related sections of the Code together and which refer to relevant state laws 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.

Numbering System

The numbering system used in this Code is the same system used in many state and municipal codes. Each section number consists of two component parts separated by a dash, the figure before the dash referring to the chapter number and the figure after the dash referring to the position of the section within the chapter. Thus, the first section of Chapter 2 is numbered 2-1 and the third section of Chapter 3 is 3-3. 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 place 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 4-1 and 4-2 is desired to be added, such new sections would be numbered 4-1.1, 4-1.2 and 4-1.3, respectively. New chapters may be included in the same manner. If the new material is to be included between Chapters 6 and 7, it will be designated as Chapter 6.5. 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.

Indices

The indices have 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 municipal officials and employees. There are numerous cross references within each index 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 to which the attention of the user is especially directed is the looseleaf system of binding and supplemental servicing for the Code. With this system, the Code will be kept up-to-date periodically. Upon the final passage of amendatory ordinances, they will be properly edited and the appropriate 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 this Code, may be cited as a part hereof.

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 supervision of Alyce A. Whitson, Supervising Editor and Laura Johnson, Editor, 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 Pauline Redman, City Clerk, and David Smith, City Attorney, for their cooperation and assistance during the progress of the work on this Code. It is hoped that their efforts and those of the publishers have resulted in a Code of Ordinances which will make the active law of the City readily accessible to all citizens and which will be a valuable tool in the day-to-day administration of the City's affairs.

MUNICIPAL CODE CORPORATION
Tallahassee, Florida

ADOPTING ORDINANCE
NO. 1986-25

AN ORDINANCE OF THE CITY OF DURANGO, COLORADO ADOPTING BY REFERENCE A CODIFICATION OF THE EXISTING ORDINANCES OF THE CITY OF DURANGO OF A GENERAL AND PERMANENT NATURE ENTITLED THE CODE OF ORDINANCES, CITY OF DURANGO, COLORADO, PROVIDING PENALTIES FOR VIOLATIONS OF THE PROVISIONS OF THE CODE AND ANY ORDINANCE; INCORPORATING BY REFERENCE CERTAIN CODES; PROVIDING FOR THE REPEAL OF CERTAIN ORDINANCES; PROVIDING FOR THE MAINTENANCE OF OFFICIAL COPIES OF SUCH CODE; PROVIDING FOR REVISIONS TO THE CODE; AND PROVIDING FOR THE SALE OF COPIES OF SUCH CODE; PROVIDING AN EFFECTIVE DATE.

WHEREAS, the City Council of the City of Durango, Colorado has determined that it is necessary and expedient that the 1962 Code and ordinances of the city of a general and permanent nature be codified, and pursuant to such determination, has caused a recodification of such Code and ordinances to be prepared, which recodification is designated as the Code of Ordinances, City of Durango, Colorado, and

WHEREAS, the statutes of the State of Colorado provide for adoption of such codification by reference.

NOW, THEREFORE, THE CITY OF DURANGO HEREBY ORDAINS:

Section 1. That the Code of Ordinances, City of Durango, Colorado, consisting of Chapters 1 through 27, is hereby adopted and enacted by reference. The purpose of this Code is to codify the ordinances of the city which are of a general and permanent nature. The Code shall supersede all ordinances of a general or permanent nature adopted on or before April 15, 1986 to the extent provided in Section 2 of this ordinance. The subject matter of this Code includes provisions concerning the application and interpretation of the Code, the administration and organization of the town, animals, buildings, abandoned automobiles, peddlers, finances, streets, nuisances, traffic, offenses, elections, zoning and other subjects of municipal concern.

Section 2. That all provisions of such Code shall be in full force and effect from and after January 1, 1987, and all ordinances of a general and permanent nature of the city, adopted on final passage on or before April 15, 1986 and not included in such Code or recognized and continued in force by reference therein, are hereby repealed from and after the effective date of such Code.

Section 3. That the repeal provided for in Section 2 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 4. That the following secondary codes were adopted by reference and incorporated in the Code of Ordinances, City of Durango. Three (3) copies of these codes are on file in the city clerk's office.

(1)

The Uniform Building Code, 1985 Edition, published by the International Conference of Building Officials, as adopted and amended in Code sections 6-16 et seq.

(2)

The Uniform Plumbing Code, 1985 Edition, as published by the International Conference of Building Officials, as adopted and amended in Code sections 6-66 et seq.

(3)

The Uniform Mechanical Code, 1985 Edition, published by the International Conference of Building Officials, as adopted and amended by Code sections 6-51 et seq.

(4)

The Uniform Solar Energy Code, 1979 Edition, published by the International Association of Plumbing and Mechanical Officials, as adopted in Code section 6-121.

(5)

The Uniform Fire Code, 1985 Edition, published by the Western Fire Chiefs Association and the International Conference of Building Officials, as adopted and amended in Code sections 8-46 et seq.

(6)

The Life Safety Code, 1981 Edition, published by the National Fire Protection Association, as adopted in Code section 8-71.

(7)

The "Model Traffic Code for Colorado Municipalities" as published by the State Department of Highways, as adopted in Code section 24-2.

Section 5. That the city clerk shall distribute such sets of the Code and amendments thereto as may be necessary to the various departments of the town for official use of city officers, boards and commissions, and for exchange purposes for similar publications of other towns. All volumes designated for official use shall remain the property of the city for 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 city officers, boards and commissions who shall receive for official use copies of the Code. The city clerk shall make the Code and supplements thereto available to the public and shall charge therefor such fees as are reasonable.

Section 6. That unless another penalty is expressly provided, a violation of any provision of such Code, or any provision of any rule or regulation adopted or issued pursuant thereto, shall be punished by a fine of not more than three hundred dollars ($300.00) or imprisonment for a term of not more than ninety (90) days, or both fine and imprisonment, as provided in section 1-16 of such Code. All penalties in codes adopted in the Code of Ordinances, City of Durango, Colorado are hereby superseded by the provisions of this section.

Section 7. That any and all additions and amendments to such Code, when passed in such form as to indicate the intention of the city to make the same a part of such Code, shall be deemed to be incorporated in such Code, so that reference to such Code shall be understood and intended to include such additions and amendments.

Section 8. That in case of the amendment of any section of such Code for which a penalty is not provided, the general penalty, as provided in section 6 of this ordinance and in section 1-16 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 9. That any ordinance adopted after April 16, 1986, which amends or refers to ordinances which have been codified in such Code shall be construed as if they amend or refer to like provisions of such Code.

Section 10. This ordinance and the Code adopted hereby shall become effective January 1, 1987.

CITY OF DURANGO, COLORADO
/s/ Leonel B. Silva
Mayor

ATTEST:
/s/ Pauline M. Redman
City Clerk

Passed and approved: December 2, 1986

Date of first publication: December 7, 1986

Date of second publication: December 21, 1986

STATE OF COLORADO       )
)	ss
COUNTY OF LA PLATA       )

 

I, Pauline M. Redman, City Clerk of the City of Durango, La Plata County, Colorado, do hereby certify that Ordinance No. 1986-25 was regularly introduced and read at a regular meeting of the City Council of the City of Durango, Colorado on the 2nd day of December, 1986, and was ordered published in accordance with the terms and conditions of the statutes in such cases made and provided, in the Durango Herald, a newspaper of general circulation, prior to its final consideration by the City Council.

/s/ Pauline M. Redman
City Clerk

I further certify that in accordance with instructions received from said City Council, said Ordinance No. 1986-25 was published in the Durango Herald on the 7th day of December, 1986, and adopted on the 16th day of December, 1986.

/s/ Linda Yeager
Deputy City Clerk