The ordinances embraced in the following chapters, articles,
divisions and sections shall constitute and be designated "The Code
of the Town of Mt. Crested Butte, Colorado," and may be so cited.
Such Code may also be cited as the "Mt. Crested Butte Code."
In the construction of this Code and of all ordinances, the
following definitions and rules of construction shall apply unless
the context clearly indicates otherwise or such construction would
be inconsistent with the manifest intent of the town council:
Charter.
The word "charter" shall mean the Home Rule Charter of the
Town of Mt. Crested Butte, Colorado, adopted by the electors on August
27, 1974, and any amendments, a copy of which is printed as Part I
of this volume.
Code.
Reference to "this Code" or "the Code" shall mean the Code of the Town of Mt. Crested Butte, Colorado as designated in section
1-1.
Computation of time.
Whenever a notice is required to be given or an act to be
done a certain length of time before any proceedings shall be had,
the day on which such notice is given, or such act is done, shall
not be counted in computing the time, but the day on which such proceeding
is to be had shall be counted.
Council.
The words "town council" or "council," when used in this
Code, shall be construed to mean the town council of the Town of Mt.
Crested Butte, Colorado.
County.
The words "the county" or "this county," when used in this
Code, shall mean the County of Gunnison, Colorado.
C.R.S.
The initials "C.R.S." when used in this Code, shall mean
the most recent edition of the Colorado Revised Statutes.
Delegation of authority.
Whenever a provision appears requiring the head of a department
or officer of the city to do some act or make certain inspections,
it is to be construed to authorize the head of the department or officer
to designate, delegate and authorize subordinates to perform the required
act or make the required inspection unless the terms of the provision
or section designate otherwise.
Gender.
A word importing the masculine gender only shall extend and
be applied to females and to firms, partnerships and corporations
as well as to males.
Interpretation.
In the interpretation and application of any provisions of
this Code, it shall be held to be the minimum requirements adopted
for the promotion of the public health, safety, comfort, convenience
and general welfare. Where any provision of this Code imposes greater
restrictions upon the subject matter than the general provision imposed
by this Code, the provision imposing the greater restriction or regulation
shall be deemed to be controlling.
Month.
The word "month" shall mean a calendar month.
Nontechnical and technical words.
Words and phrases shall be construed according to the common
and approved usage of the language, but technical words and phrases
and such others as may have acquired a peculiar and appropriate meaning
in law shall be construed and understood according to such meaning.
Number.
A word importing the singular number only may extend and
be applied to several persons and things as well as to one person
and thing.
Oath.
The word "oath" shall be construed to include an affirmation
in all cases in which, by law, an affirmation may be substituted for
an oath, and in such cases the words "swear" and "sworn" shall be
equivalent to the words "affirm" and "affirmed."
Owner.
The word "owner," applied to a building or land, shall include
any part owner, joint owner, tenant in common, tenant in partnership,
joint tenant, or tenant by the entirety, of the whole or of a part
of such building or land.
Person.
The word "person" shall extend and be applied to individuals,
associations, firms, joint adventures, estates, trusts, business trusts,
syndicates, fiduciaries, partnerships and bodies politic and corporate,
and all other groups and combinations.
Sidewalk.
The word "sidewalk" shall mean any portion of a street between
the curbline and the adjacent property line, intended for the use
of pedestrians, excluding parkways.
State.
The words "the state" or "this state" shall mean the state
of Colorado.
Street.
The word "street" shall embrace streets, avenues, boulevards,
roads, alleys, lanes, viaducts and all other public highways in the
town, and shall include the entire width of the right-of-way thereof
if the sense so requires or admits.
Tense.
Words used in the present or past tense include the future
as well as the present or past.
Town.
The words "the town" or "this town" shall mean the municipal
corporation of Mt. Crested Butte, Colorado, or any of its officers,
agents or departments, as the sense shall require or admit.
The catchlines of the several sections of this Code printed
in boldface type are intended as mere catch-words to indicate the
contents of the section and shall not be deemed or taken to be titles
of such sections, nor as any part of the section, nor, unless expressly
so provided, shall they be so deemed when any of such sections, including
the catchlines, are amended or reenacted.
The history notes appearing in parentheses after sections in
this Code are not intended to have any legal effect but are merely
intended to indicate the source of matter contained in the section.
The references and editor's notes appearing throughout the code
are not intended to have legal effect, but are merely intended to
assist user of the Code.
Nothing in this Code or the ordinance adopting this Code shall
affect any offense or act committed or done, or any penalty or forfeiture
incurred, any contract or right established or accruing, before the
effective date of this Code.
(a) The repeal
of an ordinance shall not revive ordinances in force before or at
the time the ordinance repealed took effect.
(b) The repeal
of an ordinance shall not affect punishment or penalty incurred before
the repeal took effect, nor any suit, prosecution or proceeding pending
at the time of the repeal for an offense committed under the ordinance
repealed, any contract, right or obligation established prior to the
time when the ordinances are repealed.
(Ord. No. 78-9, § 5, 8-4-78)
Nothing in this Code or the ordinance adopting this Code shall
be construed to repeal or otherwise; affect the validity of any of
the following which are not inconsistent with this Code:
(1) Any ordinance
promising, guaranteeing or authorizing the payment of money by or
for the town or any contract, agreement, lease deed or other instrument
or obligation assumed by the town;
(2) Any ordinance
authorizing or relating to specific issuances of bonds or other evidences
of indebtedness;
(3) Any ordinance
granting a franchise, right or permit;
(4) Any ordinance
establishing the compensation of town officers or employees, or any
personnel regulations;
(5) Any ordinance
levying or repealing taxes, making appropriations or adopting a budget;
(6) Any ordinance
creating specific local improvement districts;
(7) Any ordinance
making special assessments for local improvements;
(8) Any ordinance
vacating, accepting, establishing, locating, relocating, opening,
paving, repairing, widening or naming any street or public way;
(9) Any ordinance
affecting the corporate limits of the town;
(10) Any
ordinance which is of a special or temporary nature;
(11) Any
ordinance dedicating or accepting any plat or subdivision;
(12) Any
ordinance or regulation establishing fees, permits, inspections or
services;
(13) Any
ordinance establishing the amount of bond to be posted by city officials;
(14) Any
ordinance or resolution relating to the salaries or wages of the city
officers or employees;
(15) Any
ordinance annexing territory to the town; or, any land use or rezoning
ordinance in the town; or adopting a map of zoning districts; or providing
for the adjustment, enforcement and amendment therefor;
(16) Any
administrative ordinance of the council;
(17) Any
ordinance prescribing traffic and parking regulations for specific
streets and locations;
(18) Any
ordinance prescribing street grades; and all such ordinances are hereby
recognized as continuing in full force and effect to the same extent
as if set out at length herein.
(Ord. No. 78-9, § 6, 8-4-78)
If any section, sentence, clause, phrase, word or pi other provision
of this Code is for any reason held to be unconstitutional or otherwise
invalid, such holding shall not affect the validity of the remaining
sections, sentences, clauses, phrases, words or provisions of this
Code, or the validity of this Code in its entirety, it being the legislative
intent that this Code shall stand notwithstanding the invalidity of
any section, sentence, clause, phrase, word or other provision.
(Ord. No. 78-9, § 8, 8-4-78)
(a) At least
three copies of the Code and of each secondary code adopted therein,
all certified the mayor and the town clerk to be true copies such
codes as they were adopted, shall be kept on file in the office of
the town clerk available for public inspection. One copy of each such
code to be kept in the office of the chief enforcement officer thereof
rather than in the office of the town clerk.
(b) The town
clerk shall prepare and publish revised sheets of every loose-leaf
page in need of revision by reason of amendment, addition or repeal.
The town clerk shall distribute the revised loose-leaf sheets for
such fee as the town council may direct.
(c) In addition to those copies of this Code specified in subsection
(a) of this section a copy of this Code shall be kept on file in the office of the town clerk in which it shall be the express duty of the town clerk to insert in their designated places all amendments or ordinances which are intended to become a part of this Code, when the same have been printed or reprinted in page form, and to extract from such Code all provisions which may from time to time be repealed. This copy of the Code shall be available to all persons desiring to examine it and shall be considered the official code of the town.
(Ord. No. 78-9, § 9, 8-4-78)
The town clerk shall maintain a reasonable supply of copies
of this Code to be available for purchase by the public at a moderate
price.
(Ord. No. 78-9, § 10, 8-4-78)
Whenever in this Code or in any ordinance of the town any act
is prohibited or is made or declared to be unlawful or an offense,
or whenever in such Code or ordinance the doing of any act is required
or the failure to do any act is declared to be unlawful, where no
specific penalty is provided therefor, the violation of any such provision
of this Code or any ordinance shall be punishable by a fine not to
exceed $2,650, or imprisonment for a term not to exceed 365 days,
or by both such fine and imprisonment. Each day any violation of any
provision of this Code or of any ordinance shall continue shall constitute
a separate offense.
(Ord. No. 92-2, § 1, 3-3-92; Ord. No. 14-5, § 1, 9-2-14)