TABLE OF CONTENTS CHAPTER 1. GENERAL PROVISIONS. ARTICLE 1. IN GENERAL.

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1 CHAPTER 1. GENERAL PROVISIONS. ARTICLE 1. IN GENERAL. TABLE OF CONTENTS 1-1 Designation and citation of Code. 1-2 Definitions. 1-3 Rules of construction. 1-4 Chapters, Articles, Divisions, Sections, and Subsections; headings and catch lines. 1-5 Reference to Sections. 1-6 Prospective effect of Code; repealed ordinances not revived. 1-7 Territorial applicability. 1-8 General penalty; subsequent violation; suspension or revocation of license. 1-9 Continuing offense Same offense punishable by different Sections of Code; City Attorney's option Judgments and sentences to run consecutively Severability of parts of Code Location of Code Certified copy of Code admissible into evidence Certified copies of documents Fees for inspection, copying and photographing of public records Altering Code prohibited Franchises and special privileges; deposit for costs Franchises and special privileges; violations; termination City seal Description ARTICLE 2. INSPECTIONS Inspections; when entry authorized Types of inspections authorized. ARTICLE 3. SERVICE OF PROCESS Personal service Manner of proof of service Refusal to accept Service upon attorney representing party to whom notice is addressed. ARTICLE 4. ADOPTION OF CODES BY REFERENCE Definitions Adoption of codes by reference; title Procedure for adoption Adopting ordinance; adoption of penalty clauses by reference prohibited Publication of ordinance Filing of public record; sale of copies Amendments Use as evidence.

2 ARTICLE 5. MUNICIPAL LIENS Creation of Municipal Liens Discharge of Municipal Liens. CHAPTER 2. ADMINISTRATION. ARTICLE 1. GENERAL PROVISIONS. 2-1 Oath of officers. 2-2 Disbursement of money. 2-3 Annual audit of accounts. 2-4 Public works - Authorization. 2-5 Public works - Necessity determined by Council; assessment. 2-6 Contracts - Approval by Council; letting. 2-7 Venue of action on contract. 2-8 Contract modifications - Authorization by City Manager. 2-9 Contracts 2-10 Interdepartmental services. ARTICLE 2. THE MAYOR Mayor as Official head of City; duties; civil process Mayor - Salary. ARTICLE 3. THE CITY COUNCIL Council Meetings - Time and place Special Council meetings - Notice Council meetings - Rules and order of business Council officers Council members - Salary 2-18 Administrative officers; departmental and personnel charts. ARTICLE 4. THE CITY MANAGER City Manager - Duties generally City Manager - Supervision and approval of public works City Manager - Liaison among levels of government City Manager - Ex-officio member of all City agencies Assistant City Manager; appointment; duties City Manager - Director of Budget; procedure for budget adoption.

3 ARTICLE 5. THE CITY CLERK City Clerk - Duties City Clerk to maintain office hours. ARTICLE 6. THE CITY ATTORNEY City Attorney - Duties; special counsel City Attorney - Prosecution of suits and execution of judgments City Attorney - Appeal of cases City Attorney - Right to be heard on motions before Council. ARTICLE 7. DEPARTMENT OF PARKS, BOULEVARDS AND RECREATION Department of Parks, Boulevards and Recreation - Superintendent in charge ARTICLE 8. LIBRARY DEPARTMENT Library Department. ARTICLE 9. DEPARTMENT OF PUBLIC SAFETY Department of Public Safety - Director in charge Creation; composition Departmental rules and regulations Appointment, powers, and duties of Chief Duties of Police Officers Oath Uniforms Duty of citizens to aid Extraterritorial duty Reserve Police; appointment; powers Fire Department - Chief in charge Firemen s pension Additional benefits for firemen. ARTICLE 10. MUNICIPAL UTILITY DEPARTMENTS Utility Departments Power and Light Department Water and Sewer Departments. ARTICLE 11. DEPARTMENT OF PUBLIC WORKS Department of Public Works - City Engineer as director.

4 2-48 Street and Bridge Division - Supervisor in charge Inspection Division - Building Inspector in charge General Maintenance Division - Supervisor in charge. ARTICLE 12. DEPARTMENT OF FINANCE AND ACCOUNTING Department of Finance and Accounting - Finance Director in charge Duties of Finance Director Finance Director's report to Council 2-54 Description of bills and payroll; authorization by City Council; action; utilization of signature facsimile Purchasing Agent - Duties Withdrawal of supplies from City storerooms. ARTICLE 13. AGENCIES, BOARDS, BUREAUS AND COMMISSIONS Library Advisory Board Establishment of a Park and Recreation Advisory Board Other agencies may be created by Council Arts and Culture Advisory Commission Downtown revitalization Commission established. ARTICLE 14. RETIREMENT AND PENSIONS Repealed ARTICLE 15. CONFISCATED, STOLEN, LOST AND ABANDONED PROPERTY Definitions Director deemed custodian Property held as evidence Notification of owner Disposal of unclaimed property when Reclaiming property Failure to claim property Advertisement. ARTICLE 16. OTHER PERSONNEL REGULATIONS 2-70 Response-time requirement for emergency services personnel ARTICLE 17. CODE OF CONDUCT AND CODE OF ETHICS 2-71 City of Trinidad Code of Conduct and Code of Ethics

5 ARTICLE 18. COLLECTIVE BARGAINING 2-74 Procedure of Bargaining Units elections and recognition CHAPTER 3. ALCOHOLIC BEVERAGES. 3-1 License required. 3-2 Application for new license - Contents. 3-3 Notice of hearing - Posting and publication. 3-4 Applicant's initial appearance before Council. 3-5 Investigation; report. 3-6 Decision of Council. 3-7 License renewal procedure. 3-8 Changes in ownership of outlet - Application. 3-9 Transfer of location of license - Application foot Requirement for hotel and restaurant licenses eliminated Sale to certain persons prohibited Minors on licensed premises prohibited Sale during certain hours prohibited; manufacturer's license; Sunday deliveries Unlawful conduct - Licensee Suspension and revocation proceedings Fine in lieu of suspension Penalty for violations Prohibited acts; penalty Liquor license application fees Fees for Special Events Permits Optional premises standards Liquor Tasting Permits. CHAPTER 4. ANIMALS ARTICLE 1. GENERAL PROVISIONS. 4-1 Butchering unlawful and a nuisance; exception. 4-2 Cruelty to animals Tethering and penning 4-3 Keeping hogs in City. 4-4 Fowl not to run at large. 4-5 Animals not to run at large. 4-6 Offensive pens - Nuisance. 4-7 Keeping of noisy and odoriferous poultry. 4-8 Penalty for violation. 4-9 Release of impounded animal without authority.

6 ARTICLE 2. IMPOUNDING Animals running at large to be impounded Disposition of impounded animals Impoundment fees; claiming impounded animal. ARTICLE 3. DOGS AND CATS Definitions License and registration required; fees Tag and Collar Vaccination Confinement of dogs and cats biting persons or suspected of being rabid; procedure Dogs running at large REPEALED 4-20 Liability of owner Impounding dogs Notice to owner and period of impoundment Disposition of impounded dogs and cats Keeping of vicious dogs prohibited Definitions Unlawful conduct Investigation and Complaints Citations, Orders & Impoundment Penalty-Fines. CHAPTER 5. BUILDINGS. ARTICLE 1. IN GENERAL. 5-1 In General. 5-2 Abatement of unsanitary or dangerous premises. 5-3 Building Maintenance. 5-4 Exterior Property Maintenance. 5-5 Notice and Order Procedure. 5-6 Stop Work Order Procedure. 5-7 International Building Code. 5-8 International Residential Code. 5-9 International Plumbing Code International Mechanical Code International Fuel Gas Code International Energy Conservation Code.

7 5-13 International Existing Building Code International Property Maintenance Code International Private Sewage Disposal Code National Electrical Code. ARTICLE 2. CONTRACTOR LICENSING Definitions, Classifications and Fees Testing Insurance Requirements Duties and Responsibilities of Licensee Suspension and Revocation of License Application Form and Contents. ARTICLE 3. NON-CONFORMANCE 5-23 Reserved. ARTICLE 4. MEANS OF APPEAL 5-24 Board of Building Code Appeals and Means of Appeal Building Code Variance Petition. ARTICLE 5. VACANT PROPERTY REGISTRATION 5-25 Title, purpose and intent Definitions Registration required Fees Property maintenance obligations Inspections Unlawful conduct; penalties; enforcement Joint and several liability Reserved. ARTICLE 5. ANTI-DILAPIDATION CODE 5-45 Title, purpose and intent Definitions Dilapidated Buildings Inspections Dilapidated Buildings prohibited Violations; penalties; enforcement Reserved. ARTICLE 6. - ADMINISTRATIVE ENFORCEMENT 5-55 Purpose.

8 5-56 Definitions Notice of violation Administrative citations general provisions Issuance of administrative citation Administrative citation contents Appeals notice and scheduling Conduct of appeals hearings Failure to obey subpoena Failure to attend administrative appeal Failure to comply with administrative enforcement order Penalties assessed Failure to pay fines. CHAPTER 6. ELECTIONS. 6-1 Nominating petition requirements; qualifications of candidates; conduct of elections. 6-2 Vacancies in Council or Office of Mayor. 6-3 Write-in candidate affidavit. CHAPTER 7. FINANCE AND TAXATION. ARTICLE 1. GENERAL PROVISIONS. 7-1 Bills against City - Form of claim. 7-2 Presentation of bills against City; payment of salaries. 7-3 Property - Taxable and exempt. 7-4 Equalization of property valuation; levy. 7-5 Collection of City taxes; bond of County collector. 7-6 Allowance to County officers for collection of City taxes Revenue changes. ARTICLE 2. CITY SALES TAX ACT. 7-7 Purpose of Article. 7-8 Citation of Article. 7-9 Definitions Taxable transactions - Exceptions Transactions - Out of City sales Retailer responsible to collect and remit tax Schedule of taxes Credit sales Excess tax - Collection and remittance Retailer holds tax in trust for City License and tax additional False or fraudulent returns; refusal to file returns Use of proceeds of tax Penalty for violation.

9 ARTICLE 3. USE TAX Purpose Application and exemptions Building and Construction Use Tax Motor Vehicle Use Tax. ARTICLE 4. SALES TAX SIMPLIFICATION ACT Sales Tax - Nonapplicability Use Tax - Nonapplicability Sales Tax - Credit for Sales or Use Taxes previously paid to another municipality Use Tax - Credit for Sales or Use Taxes previously paid to another municipality Use Tax - Alternative dispute resolution procedure -Deficiency notice or claim for refund. ARTICLE 5. BUSINESS AND OCCUPATION TAX ON UTILITY COMPANIES Levy of tax Amount of tax Payment of tax and filing statements Failure to pay tax Penalty for violation Inspection of records Credit against tax Exemption from Article Construction of Article. ARTICLE 6. ECONOMIC DEVELOPMENT FUND Economic Development Fund established Economic Development Fund purpose Determination of use of Economic Development Fund. ARTICLE 7. LODGING TAX 7-42 Lodging Tax Imposed on Transaction of Furnishing Rooms or Accommodations Point of Imposition Administration Persons Liable City Lodging Tax Tourism Fund Created Lodging Panel Membership; appointment; term; removal; organization and meetings Budgeting; spending; reporting. ARTICLE 8. PURCHASES

10 7-50 Small purchases 7-51 Purchases based on informal bids 7-52 Purchases based on formal bids 7-53 Exceptions ARTICLE 9. RESPONSIBLE FINANCIAL MANAGEMENT Responsible Financial Management Funding CHAPTER 8. FIRE PREVENTION. ARTICLE 1. INTERNATIONAL FIRE CODE. 8-1 International Fire Code. ARTICLE 2. GENERAL PROVISIONS. 8-4 Fire Department Creation and membership. 8-5 Firefighters Uniforms. 8-6 Inspection of buildings and other premises; order to abate. 8-7 Destruction of buildings to check fire. 8-8 Spectators at fire to obey orders. ARTICLE 3. FIREWORKS. 8-9 Fireworks Casting, throwing or firing Fireworks Exhibition and possession Fireworks Defined Seizure of fireworks Exemptions from prohibitions Penalty for violation. CHAPTER 9. LICENSES. ARTICLE 1. IN GENERAL 9-1 Short title. 9-2 Purpose and scope. 9-3 Business defined. 9-4 License required. 9-5 Exempt activities. 9-6 Applications. 9-7 Issuance. 9-8 Term of license. 9-9 Renewals.

11 9-10 Transfers Suspension or revocation Non-issuance of license Joint license License required by each place of business Posting and exhibition Penalty for violation Each day's violation deemed separate offense Invalidity. ARTICLE 2. BUSINESSES SUBJECT TO ADDITIONAL LICENSING REQUIREMENTS. DIVISION 1. AMUSEMENT PARKS Amusement park license - Fee, term, other pursuits included Carnivals at amusement park - License required; fee Circus - License required; fee; effect on other sections. DIVISION 2. AUCTION SALES Auction sales - License required; exemption License fee Sales at auction of new jewelry prohibited Penalty for violation. DIVISION 3. CARNIVALS, CIRCUSES, AND PARADES Carnivals outside of amusement parks prohibited Circuses, shows, parades, exhibitions - License fees; exceptions Deposit required for possible damage to City property Licenses - Contents. DIVISION 4. FARM PRODUCE AT WHOLESALE Definitions Sale of farm produce; license required; fee, exception of common carriers and certain farmers Registration of farmers and producers; certificate License transfer; use of license of another Bond requirements Exclusions from provisions. DIVISION 5. JUNK DEALERS Junk shop - License required License Fee - Junk shop; junk wagon Bond requirements.

12 9-39 Junk shop - License issuance Separate license for each vehicle required Change of business location; notice to City Clerk Vehicle license plate; driver's badge Register of articles dealt in Waiting period before sale Purchasing from minor prohibited Hours of purchase Receiving articles in pawn; advancing money Licensing as pawnbroker or secondhand dealer prohibited Police supervision of junk dealers Exhibiting articles to police. DIVISION 6. PAWNBROKERS Pawnbroker defined Pawnbroker - License required; fee. DIVISION 7. PEDDLERS AND SOLICITORS Merchandise peddlers and solicitors - License requirements; fees Exclusion from provisions. DIVISION 8. SECONDHAND GOODS Definitions Dealer in secondhand goods - License required; fee Record to be kept; inspection Receiving goods from minors. DIVISION 9. CONTRACTORS Contractor defined Contractor's license required Liability and property damage insurance and worker's compensation insurance required Contractor s examination. DIVISION 10. STREET STANDS Street stands - License required License or permit requirements. DIVISION 11. EMERGENCY, POLICE AND FIRE ALARM SYSTEMS License to engage in business of selling; fee Installation and maintenance costs False alarms; charges for; suspension or terminations of permits.

13 DIVISION 12. SEXUALLY ORIENTED BUSINESSES Definitions Sexually oriented business license required Fees Application for sexually oriented business license Duty to supplement application Investigation and application Issuance of sexually oriented business license Expiration of sexually oriented business license Suspension of sexually oriented business license Revocation of sexually oriented business license Suspension or revocation hearing Transfer of sexually oriented business license Manager s license required; change of manager; inactive status Application for manager s license Expiration of manager s license Suspension of manager s license Revocation of manager s license Suspension or revocation hearing Notice Judicial review Inspection. CHAPTER 10. MUNICIPAL COURT Municipal Court - Creation Municipal Court - Jurisdiction and powers Municipal Court - Rules of procedure Sessions of Court - Regular and special Municipal Judges - Appointment; oath; salary; powers Procedure for issuance of warrant Court Clerk - Appointment; duties; salary; reports Appropriations for Municipal Court. CHAPTER 11. MUNICIPAL SOLID WASTE 11-1 Title Definitions and rules of construction Who may collect, transport and dispose of municipal solid waste Licensing procedure - Fee Vehicles used in transporting municipal solid waste Insurance requirements Suspension or revocation of license.

14 11-8 Storage and placement of municipal solid waste Scattering of municipal solid waste Accumulation and use of manure Burning of municipal solid waste City Landfill fees Penalty for violation. CHAPTER 12. MUNICIPAL UTILITIES. ARTICLE 1. UTILITY BILLING Initiation of utility service Utility billing Termination of utility service Discontinuance of utility service Complaints and Related Matters. ARTICLE 2. ELECTRICITY National Electrical Code - Adoption by Reference Modifications and additions Penalty for violation Contractor to furnish plans to Power and Light Department Disconnecting wires in emergency Illegal acts Meter deposits; meter ownership Rates for electrical energy Establishment of Electric Light and Power Fund; sources Purposes of Electric Light and Power Fund City to pay for service Electric system to pay own expenses Connection and extensions Compliance with regulations; discontinuance of service for violation Granting rights-of-way and right to alter vegetation Avoiding compliance with Article or payment of charges Establishment of the Arkansas River Power Authority as a separate governmental entity Successor to the non-profit corporation. ARTICLE 3. NATURAL GAS Article title and citation Trinidad Municipal Natural Gas Department and office of Superintendent created Trinidad Municipal Natural Gas Department operation and maintenance Service classifications, rates, charges, and regulations adoption of tariff Natural Gas Fund creation; purposes.

15 12-28 Natural gas system to be self-sufficient Tampering with gas system devices prohibited Applicability of Article; exception. ARTICLE 4. SEWERS Purpose, policy, definitions and abbreviations Deposit of objectionable wastes unlawful Discharge of untreated, polluted waters unlawful Discharge of waters into sanitary sewer prohibited Disposal facilities to conform to Article Prohibited discharges; exceptions Prohibited wastes; control of discharge Interceptors required; construction standards; maintenance of interceptors required Connection with sewer system When required Sewer construction Apportioning cost as to property benefitted No permit to connect sewers until assessments paid Sewage service rates Sewer main taps Sewer system extensions General requirements for main extensions Elements in planning, constructing and financing main extensions Additional requirements Violations; liability. ARTICLE 5. WATER Definitions Water Department created; duties of City Manager; power of City Council Customer to abide by contract Use of water during fire alarm prohibited Water use restrictions Priority of City users over outside users Standpipes and fire lines Metered service Location of water meters Plant Investment Fee Charge for private fire hydrants Water main taps Water system extensions General requirements for main extensions Elements in planning, constructing and financing main extensions Exemption from front foot charges Water service rates - Schedule Regulations part of contract Unlawful acts Right of City to shut off water in mains; precautionary measures by customer;

16 Nonliability of City Right of entry to repair; notice to owner to make repairs Using water in violation of sprinkling restrictions Using water or appurtenances without authority Polluting water in waterworks; obstructing conduits Polluting water source prohibited Injuring or damaging waterworks property Covering up curb box Permit to re-sell water. CHAPTER 13. PARKS AND RECREATION Discharging firearms in Monument Lake Park not permitted Public Parks, Property, and Trails Hours Closed Unauthorized vehicles in Public Parks prohibited Penalty for violation Rules and regulations for fishing in Central Park Lake. CHAPTER 14. PLANNING AND ZONING. ARTICLE 1. SUBDIVISIONS REGULATIONS Title and authority General provisions and intent Interpretation of conflicting regulations Definitions Plat approval required Variances Subdivision of land: procedures, expiration of approval, and penalty for violation Types of subdivision applications submitted to the Commission: requirements and processes Minor lot line adjustment, minor lot line elimination Dedication of land for mini parks, neighborhood parks, community parks, district parks, linear parks in the form of trails, and regional open space; reservation of land for public uses Standards and specifications Public improvements, improvement guarantees, development agreements, construction plans, inspections, and maintenance of dedicated improvements Annexation. ARTICLE 2. CITY PLANNING, ZONING AND VARIANCE COMMISSION City Planning, Zoning and Variance Commission; establishment Powers and duties of Commission Adoption of master plan - Procedure.

17 14-17 Filing and approval of plats Building and improvement requirements. ARTICLE 3. TRINIDAD METRO AREA COMPREHENSIVE MASTER PLAN Repealed ARTICLE 4. ZONING ORDINANCE. DIVISION 1. GENERAL PROVISIONS Title Purpose Authority Definitions Establishment of zone districts Zoning map and boundaries General district regulations Uses by right, conditional uses and special uses Zone district classifications Uses not itemized. DIVISION 2. ZONE DISTRICT REGULATIONS FOR THE O - OPEN DISTRICT Uses permitted by right Conditional uses Uses allowed by special permit Building height limit Area regulations. DIVISION 3. ZONE DISTRICT REGULATIONS FOR THE RE - RESIDENTIAL ESTATE DISTRICT Uses permitted by right Conditional uses Building height limit Area regulations. DIVISION 4. ZONE DISTRICT REGULATIONS FOR THE LDR - LOW DENSITY RESIDENTIAL DISTRICT Uses permitted by right Conditional uses Building height limit Area regulations. DIVISION 5. ZONE DISTRICT REGULATIONS FOR THE MDR - MEDIUM

18 DENSITY RESIDENTIAL DISTRICT Uses permitted by right Conditional uses Building height limit Area regulations Density regulations. DIVISION 6. ZONE DISTRICT REGULATIONS FOR THE HDR -HIGH DENSITY RESIDENTIAL DISTRICT Uses permitted by right Conditional uses Building height limit Area regulations Density regulations. DIVISION 7. ZONE DISTRICT REGULATIONS FOR THE MHR - MOBILE HOME RESIDENTIAL DISTRICT Uses permitted by right Conditional uses Building height limit Area regulations Design requirements. DIVISION 8. ZONE DISTRICT REGULATIONS FOR THE NS - NEIGHBORHOOD SERVICE DISTRICT Uses permitted by right Conditional uses Building height limit Area regulations. DIVISION 9. ZONE DISTRICT REGULATIONS FOR THE CC - COMMUNITY COMMERCIAL DISTRICT Uses permitted by right Conditional uses Building height limit Area regulations. DIVISION 10. ZONE DISTRICT REGULATIONS FOR THE I - INDUSTRIAL DISTRICT Uses permitted by right Conditional uses Uses by special permit.

19 14-69 Building height limit Area regulations Industrial performance standards. DIVISION 11. ZONE DISTRICT REGULATIONS FOR THE PUD - PLANNED UNIT DEVELOPMENT DISTRICT Purpose Uses permitted by right Conditional uses Maximum density, height and area regulations Standards and design requirements Procedure Review and approval Failure to meet development schedule Zoning review Completion of planned unit development Conformance with subdivision regulations Subdivision and resale Fees for planned unit development district application. DIVISION 12. ZONE DISTRICT REGULATIONS FOR THE HP - CORAZON DE TRINIDAD HISTORICAL PRESERVATION DISTRICT Uses permitted by right Conditional uses Building height limit Area regulations. DIVISION 12.1 ZONE DISTRICT REGULATIONS FOR THE HP CORAZON DE TRINIDAD HISTORIC PRESERVATION MIXED-USE DISTRICT Purpose Definitions Uses Conditional Uses Building and Area Regulations Parking Architectural and Design Standards Historic structure preservation, restoration and rehabilitation Signage. DIVISION 13. SIGNS "Signs" defined Exclusions from definition Sign definitions General regulations.

20 14-93 Measurement of signs Limitations based on zone district Limitations based on type of sign Nonconforming signs Abandoned, damages, destroyed, or hazardous signs Enforcement Exception or variance to sign regulations. DIVISION 14. SUPPLEMENTARY REGULATIONS Off-street parking Additional height and area regulations Basic consideration for conditional uses and uses by special permit Mini-warehouses Nonconforming uses and structures. DIVISION 15. ADMINISTRATION Enforcement City Planner Inspection Penalty Injunction Liability for damages. DIVISION 16. AMENDMENTS Authority Declaration of policy and standards for rezoning Procedure for amendments in general Amendments to the Official Zoning Map Data to be submitted. DIVISION 17. VARIANCE PROCEDURES Powers of the Commission Procedures Criteria for consideration of variance requests Effect of decision by the Planning, Zoning and Variance Commission. DIVISION 18. FEES FOR ADMINISTRATION OF THE ZONING ORDINANCE Purpose Repealed Fees for outdoor advertising signs Fee for Initial Zoning Classification or Rezoning Repealed Variance fee.

21 DIVISION 19. LEGISLATIVE PROVISIONS Severability clause Conflict Interpretation Repeal of conflicting ordinances. ARTICLE 5. PROTECTION OF FLOOD PLAINS Statutory Authorization, findings of fact, purpose and objectives Definitions General Provisions Administration Provisions for Flood Hazard Reduction Standards for Areas of Shallow Flooding (AO/AH Zones) Properties Removed from the Floodplain by Fill Standards for Critical Facilities. ARTICLE 6. BOARD OF APPEALS City Council designated as Board of Appeals Powers and duties Appeals from Planning, Zoning and Variance Commission - Procedure Appeals from orders of Building Inspector - Procedures Conduct of hearing. ARTICLE 7. VESTED PROPERTY RIGHTS Purpose Definitions Notice and hearing Approval - effective date amendments Notice of approval Payment of costs Other provisions unaffected Limitations ARTICLE 8. WIRELESS TELECOMMUNICATIONS TOWERS AND FACILITIES Findings Purposes Definitions Development of Towers

22 Setbacks Structural requirements Separation or buffer requirements Method of determining Tower height Illumination Exterior finish Landscaping Access Stealth Design Telecommunications Facilities on Antenna Support Structures Modification of Towers Certifications and inspections Maintenance Criteria for Site Plan Development Modifications Abandonment Severability Conflicts ARTICLE 9. SEXUALLY ORIENTED BUSINESSES Purpose and Intent Definitions Lighting regulations Location of sexually oriented businesses and design of same Measurement of distance Other locational regulations Stage required in adult cabaret and adult theater Conduct in sexually oriented business Employee tips Unlawful acts Exemptions Regulation of peep booths Hours of operation Minimum age Signs for sexually oriented businesses Right of entry Penalty Provision. ARTICLE 10. SIDEWALK CAFÉ REQUIREMENTS Definitions Exception For City Uses Sidewalk Café License Authorization Restrictions On Features Of Sidewalk Café Authorized Applicant Application Required Review, Findings, and Determination.

23 Denial Of Application; Reconsideration License Agreement Execution And Delivery Assignment Or Termination Of License Furnishing Rearrangement Offenses and Penalty Severability. ARTICLE 11. RESERVED ARTICLE 12. MEDICAL MARIJUANA AND RETAIL MARIJUANA Purposes, intent and other laws Definitions Licensing authority created Composition of the Authority Functions of the Authority License required; term of license; renewal application; taxes Application requirements Denial of application Hearings required Transfers of Ownership; Modification of Premises Locational criteria and numerical limit on retail marijuana stores and medical marijuana centers Marijuana Cultivation Outdoors Inspection of licensed premises Fees Prohibited acts generally Additional operational limitations Off-site storage facilities prohibited Nonrenewal, suspension or revocation of license Violations and penalties No City liability; indemnification; no defense. ARTICLE 13. CERTIFIED LOCAL GOVERNMENT Historic Preservation Commission Powers, Duties and Authority of the Commission Local Historic Landmark Designation Local Historic District Designation Revocation of a Designation Landmark Alteration Certificates Criteria to review alteration certificate Non-locally Landmarked Properties on the National and/or State Historic Register Penalties and Sanctions CHAPTER 15. PLUMBING.

24 15-1 International Plumbing Code adopted pursuant to Ord. No. 1949, Eff Previously adopted versions of the code stand repealed; adoption contained in Chapter 5, Section 5-9. CHAPTER 16. PUBLIC PEACE, MORALS AND WELFARE. ARTICLE 1. OFFENSES AGAINST PUBLIC PEACE Disturbing the public peace Unlawful assembly Disturbing religious assembly Disturbing lawful assembly Loitering - Police order to disperse Schools, loitering about, disturbing, annoying or molesting students False impersonation of an officer Resisting and obstructing police officers Assisting prisoners to escape Quarreling and fighting Noises - Scope of prohibition Exceptions from provisions Throwing stones Participating in or inciting a riot or disturbance. ARTICLE 2. OFFENSES AGAINST PROPERTY Injuring, defacing or destroying publicly-owned property Injuring, defacing or destroying private property Graffiti Trespassing upon publicly or privately owned property Loitering about railroad yards; exception Peddlers going upon premises uninvited Abatement of nuisance by police Possession of license no bar to prosecution. ARTICLE 3. OFFENSES AGAINST PUBLIC SAFETY Carrying concealed weapons Discharging firearms False fire alarm. ARTICLE 4. OFFENSES INVOLVING MINORS Loitering defined Loitering after curfew Responsibility of parents; penalty for violation Furnishing tobacco to minor under age Abandoned refrigerators; removal of locks. ARTICLE 5. OFFENSES AGAINST MORALS.

25 16-30 Common gambler defined Permitting gambling in premises Playing games for money Gambling with intoxicated persons or minors Indecent exposure Urinating in public Allowing prostitution on premises Prostitution - Plying vocation Prostitution prohibited; cohabitation with prostitute Enticing to house of ill repute Keeping of disorderly house. ARTICLE 6. OFFENSES AGAINST PUBLIC HEALTH. DIVISION 1. GENERAL PROVISIONS Poison to be labeled Tainted provisions not to be sold Unwholesome provisions not to be sold Cleaning of cesspools, grease traps and privy vaults; when required Discontinuance of cesspools, grease traps and privy vaults; filling Removal of contents of cesspools, grease traps and privy vaults Substances of abuse. DIVISION 2. SMOKING IN PUBLIC PLACES AND PLACES OF EMPLOYMENT Legislative intent Repealed Repealed Repealed Repealed Repealed Repealed Repealed. ARTICLE 7. NUISANCES Discharging foul substances into street Accumulating offensive substances Offensive cellars; sewers Accumulation of junk Exclusion from provisions Barbed wire and other obstructions into thoroughfares Placing obstructions on public right-of-way Dangerous or hazardous conditions Broken windows Notice to abate nuisance.

26 16-65 Assessment of costs and collection of assessments General notice to clean up Summary abatement of nuisances. ARTICLE 8. PENALTIES Penalty for violations by minors. CHAPTER 17. STREETS AND SIDEWALKS. ARTICLE 1. IN GENERAL Street names - Reference to map and plat Street names to be placed on corners Sprinkling sidewalks before sweeping Shaking or cleaning rugs in streets or sidewalks prohibited Placing obstructions on streets; consent required; limitation Obstruction to gutters prohibited Openings in sidewalk; disrepair of sidewalk Merchandise on sidewalk; passageway; time limitation Property owner to keep sidewalks cleaned Property owner to remove snow and ice from sidewalks Slippery sidewalks; City not liable Work done by City; assessment of costs Installation of underground structures; plat and data to be filed Plats - Contents Line for poles on streets Operating tractors on pavement Oil on pavement - Pouring or spilling prohibited Oil on pavement; oil delivery wagons and tanks Water and sewer connections in proposed paving districts. ARTICLE 2. NUMBERING BUILDINGS Owners and occupants to number buildings Manner of numbering Allotment of numbers Street maps with numbers to be prepared Assigning numbers; certificate of designation Size and location of configuration Refusal to place numbers on existing buildings Refusal to place, or placing unauthorized numbers on new buildings Altering numbers or street names - Consent required. ARTICLE 3. EXCAVATION Excavation permit required; contents of application Excavation permit; conditions of issuance Excavation permit; work requirements.

27 17-32 Excavation permit; indemnification Excavation permit; warranty REPEALED (Ord. 1516, ) REPEALED (Ord. 1516, ) ARTICLE 4. CONSTRUCTION OF SIDEWALK, CURB AND GUTTER Maximum and minimum widths of sidewalks Sidewalks to conform to established grade; supervision of laying Slope Sidewalk construction - Permit required Application for permit Sidewalk openings for fuel and light to be covered Access to basement to be covered Curb, gutter, and/or sidewalk requirements - New construction Hearing to consider construction of curb, gutter and/or sidewalk Order to construct curb, gutter and/or sidewalk Failure of owner to construct Assessment of cost against property owner Notice of assessment Protest of assessment Failure of owner to pay assessment Curbs and gutters - Materials Curbs on curb lines; gutters to attach to curbs Street lawns and parks to conform to grade Article not applicable in commercial districts; City's jurisdiction over parks Removal of grade or line stakes prohibited Curb line and curb radius Fund established to front costs of repairs or replacement Repair or replacement of curb, gutter and/or sidewalk. ARTICLE 5. CULVERTS When construction of culvert required Notice to owner to construct culvert Failure of owner to construct; construction by City; certification to City Clerk Notice to owner of cost; assessment and hearing Hearing on assessments; penalty; collection Driveway - Culvert fund. ARTICLE 6. CLOSURE OF CITY STREETS FOR ATHLETIC OR SPECIAL EVENTS Closure of City streets for athletic or special events Penalty for failure to obtain permit or to comply with terms of permit. ARTICLE 7. VACATION PROCEEDINGS.

28 17-67 Vacation fee Vacation application Procedure before Planning, Zoning and Variance Commission Procedure before City Council. CHAPTER 18. TELEVISION FRANCHISE Approval of Cable Television System Franchise Agreement with Comcast of Colorado/Pennsylvania/West Virginia, LLC. (Ord. 1880, eff., 3/27/09, Ord. 1577, eff., 12/27/97) REPEALED (Ord. 1577, eff., 12/27/97) CHAPTER 19. TREES AND VEGETATION. ARTICLE 1. PROTECTION, MAINTENANCE AND REMOVAL OF TREES, SHRUBS AND OTHER VEGETATION Purpose and intent Definitions License required to cut or remove trees; liability insurance; license fee Public nuisances Unlawful to permit public nuisance Inspection Abatement procedure and notice Rights of property owner Responsibility for damaging trees on public property Interference unlawful Penalty clause Severability. ARTICLE 2. HAZARDOUS GROWTH Hazardous growth - Defined Declaration by City Council Cutting and removal of hazardous growth required General notice to cut and remove Notice; failure to comply Assessing costs Notice of assessment Collection of assessments Penalty Payment of assessment will not avoid fine. ARTICLE 3. CITY TREE BOARD.

29 19-23 Creation and Establishment Term of Office Compensation Duties and Responsibilities Operation. CHAPTER 20. VEHICLES AND TRAFFIC. ARTICLE 1. MUNICIPAL TRAFFIC CODE Model Traffic Code for Colorado - Adoption Additions and modifications Penalties Application Validity, Repeal and Interpretation. ARTICLE 2. GENERAL PROVISIONS Certain streets as part of State Highway Commercial activity within right of way prohibited Parking restrictions; traffic control devices Parking prohibited during snow removal Traffic regulations subject to approval by Department of Transportation Penalty for violation State of Colorado, State Highway Access Code, Volume 2, Code of Colorado Regulations 601-1, March 2002, as amended ARTICLE 3. AUTHORITY TO IMPOUND VEHICLES AND DISPOSE OF IMPOUNDED VEHICLES Definitions Impounding of vehicles; emergency circumstances Impoundment of illegally parked vehicles Abandonment of vehicles; procedures preceding impoundment Leaving of wrecked, junked or partially dismantled vehicles on the street or other public property Wrecked, junked or partially dismantled vehicles on private property Disposal of vehicles removed and impounded pursuant to this Article. ARTICLE 4. ADDITIONAL TRAFFIC REGULATIONS Parking in freight loading zone Limitations on parking Repealed (Ord. 1854, eff. 6/27/08) Registered owner liable for parking violations Persons prohibited from restricting parking on public streets Parking not to obstruct traffic.

30 ARTICLE 5. PARKING RESTRICTIONS FOR RECREATIONAL VEHICLES AND UTILITY TRAILERS Definitions Restricted areas and times School zones Penalty for violation. ARTICLE 6. COMMERCIAL TRUCK TRAFFIC Definitions Designation of routes, maps Operation of commercial trucks Use of engine compression brake prohibited Penalty for violation CHAPTER 21. SPECIAL EVENTS ARTICLE 1. IN GENERAL Short Title 21-2 Purpose Findings Definitions 21-5 Permit Required Exemptions. ARTICLE 2. APPLICATION 21-7 Application for Permit Fees Investigation of Application Permit Relationship to Other City Ordinances Denial of Permit Authority to Impose Conditions on Permit Non-Discrimination and Content Policy Decision by City Manager or their designee Notice of Decision Appeal, Denial, or Conditional Approval of Permit Contents of Permit Permit Not Transferable Notice of Issuance of Permit Insurance Requirement

31 21-22 Duties of Permittee Posting of Permit Suspension or Revocation of Permit Penalties, Injunctive Relief Rules and Regulations.