Note: Ord. No. 25-15, 10/7/2025 repealed and replaced Ch. 1, General Provisions, derived from Ord. No. 78-9; Ord. No. 92-2; Ord. No. 14-5 and Ord. No. 25-4.
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."
(Ord. No. 25-15, 10/7/2025)
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, the phrase is otherwise defined for purposes of that chapter, article, or section, 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.
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.
Name of officer, department, board, etc.
The naming of an officer, department, board, etc., shall be construed as if followed by the words "of the Town of Mt. Crested Butte."
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.
Real property
shall include lands, tenements and hereditaments.
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.
(Ord. No. 25-15, 10/7/2025)
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.
(Ord. No. 25-15, 10/7/2025)
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.
(Ord. No. 25-15, 10/7/2025)
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.
(Ord. No. 25-15, 10/7/2025)
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.
(Ord. No. 25-15, 10/7/2025)
(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. 25-15, 10/7/2025)
(a) 
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. 25-15, 10/7/2025)
(a) 
Amendments to any of the provisions of this Code shall be made by amending such provision by specific reference to the section number of this Code in the following language: "That section of the Code of the Town of Mt. Crested Butte, Colorado, is hereby amended to read as follows:. . ."
(b) 
If a new section not heretofore existing in the Code is to be added, the following language shall be used: "That the Code of the Town of Mt. Crested Butte, Colorado, is hereby amended by adding a section, to be numbered, ____, which section reads as follows:. . ." The new section shall then be set out in full as desired.
(c) 
All subsections, sections, chapters or provisions desired to be repealed must be specifically repealed by subsection, section, chapter number, as the case may be.
(Ord. No. 25-15, 10/7/2025)
(a) 
Supplements to this Code shall be prepared and printed whenever authorized or directed by the council. A supplement 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 period covered by the supplement and all changes made thereby in the Code, and shall also include all amendments to the Charter during the period. The pages of a supplement shall be so numbered that they will fit properly into the Code and will, where necessary, replace pages which have become obsolete or partially obsolete, and the new pages shall be so prepared that, when they have been inserted, the Code will be current through the date of the adoption of the latest ordinance included in the supplement.
(b) 
In preparing a supplement to this Code, all portions of the Code which have been repealed shall be excluded from the Code by the omission thereof from reprinted pages.
(c) 
When preparing a supplement to this Code, the codifier (meaning the person, agency or organization authorized to prepare the supplement) may make formal, nonsubstantive changes in ordinances and parts of ordinances included in the supplement, insofar as it is necessary to do so to embody them into a unified code. For example, the codifier may:
(1) 
Organize the ordinance material into appropriate subdivisions;
(2) 
Provide appropriate catchlines, headings and titles for sections and other subdivisions of the Code printed in the supplement, and make changes in such catchlines, headings and titles;
(3) 
Assign appropriate numbers to sections and other subdivisions to be inserted in the Code and, where necessary to accommodate new material, change existing section or other subdivision numbers;
(4) 
Change the words "this ordinance" or words of the same meaning to "this chapter," "this article," "this division," etc., as the case may be, or 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
(5) 
Make other nonsubstantive changes necessary to preserve the original meaning of ordinance sections inserted into the Code; but, in no case shall the codifier make any change in the meaning or effect of ordinance material included in the supplement or already embodied in the Code.
(Ord. No. 25-15, 10/7/2025)
If any section, sentence, clause, phrase, word or 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. 25-15, 10/7/2025)
(a) 
One copy of the Code and of each secondary code adopted therein, all certified by 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 town manager 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.
(Ord. No. 25-15, 10/7/2025)
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. 25-15, 10/7/2025)