BLACK HAWK MUNICIPAL CODE

Transcription

1 BLACK HAWK MUNICIPAL CODE 1994 A Codification of the General Ordinances of the City of Black Hawk, Colorado Beginning with Supp. No. 18, Supplemented by Municipal Code Corporation PREFACE The City of Black Hawk, previously a territorial city established by the State legislature on March 11, 1864, and presently a home rule municipality, has published its Municipal Code in a format which features the following: The Table of Contents is the table containing each chapter and article title, with reference to page location. Preceding each chapter is a chapter table of contents, also identifying each article by the subject name provided. The two-place section numbering system places the chapter number first, followed by a hyphen and section number. This two-place system is simplified by the elimination of article numbering. Each section may be cited by the chapter and section numbers which, together with reserved section numbers, are in sequence within each chapter. The open chapter and page numbering system creates reserved chapter and page numbers for expansion or revision of the code without undue complication when changes are made to the code by supplementation. The Disposition of Ordinances Table identifies the source for the contents of the code. This table provides ordinance numbers in chronological order and location by section number for the present code contents. Black Hawk, Colorado, Municipal Code Page 1

2 Thus, if there is interest in determining whether an ordinance, or a portion thereof, is contained within the code, the Disposition of Ordinances Table will provide that information. The Table of Up-to-Date Pages lists all of the current pages through the most recent supplementation. The Index provides references by common and legal terminology to the appropriate code sections. Cross references are provided with the Index when appropriate. Supplements to the code provide regular updating of the code to maintain it as a current compilation of all the legislation which has general and continuing effect. Without regular supplementation, the code would soon lose its usefulness as a complete source of the general law of the municipality. Supplementation is accomplished by the periodic publication of additions and amendments to the code. STATE OF COLORADO COUNTY OF GILPIN CITY OF BLACK HAWK, COLORADO ORDINANCE NUMBER 94-1 AN ORDINANCE OF THE CITY OF BLACK HAWK, ADOPTING AND ENACTING A NEW MUNICIPAL CODE FOR THE CITY OF BLACK HAWK; PROVIDING FOR THE REPEAL OF CERTAIN ORDINANCES NOT INCLUDED THEREIN; PROVIDING A PENALTY FOR THE VIOLATION THEREOF; PROVIDING FOR THE MANNER OF AMENDING SUCH CODE; AND PROVIDING WHEN SUCH CODE AND THIS ORDINANCE SHALL BECOME EFFECTIVE. Be It Ordained by the Board of Aldermen of the City of Black Hawk, Colorado: Section 1. The code entitled The Black Hawk Municipal Code published by Colorado Code Publishing Company, consisting of Chapters 1 through 18, is adopted. Section 2. All ordinances of a general and permanent nature enacted on or before this Ordinance, which are inconsistent with the provisions of the Black Hawk Municipal Code, to the extent of such inconsistency, are hereby repealed. Section 3. The adoption, enactment and publication of all ordinances adopted after November 30, 1990 (including Ords. 91-1, 91-2, 91-3, 91-4, 91-5, 91-6, 91-7, 91-8, 91-11, 91-12, 91-13, 91-14, 91-15, 91-16, 91-17, 91-18, 19-19, 91-20, 91-21, 91-22, 91-23, 91-25, 91-26, 91-27, 91-28, 91-29, 91-30, , 92-2, 92-3, 92-4, 92-5, 92-6, 92-7, 92-8, 92-9, 92-10, 92-11, 92-12, 92-14, 92-15, 92-16, 92-18, 92-20, 92-21, 92-22, 92-24, 92-45, 92-26, 92-27, 92-29, 92-31, 92-33, 92-34, 92-35, 92-36, 92-37, 92-38, 92-39, 92-40, 92-43, 93-1, 94-2, 93-3, 93-4, 93-5, 93-6, 93-7, 93-8, 93-9, 93-10, 93-11, 93-12, 93-13, 93-14, 93-15, and 93-18), are hereby adopted and ratified nunc pro tunc. Section 4. The repeal established in Section 2 of this Ordinance shall not be construed to revive any ordinance or part thereof that had been previously repealed by any ordinance which is repealed by this Ordinance. Section 5. The following codes were adopted by reference and incorporated in the Municipal Code of the City of Black Hawk. One (1) copy is on file in the City Clerk's office: (1) The Model Traffic Code for Colorado Municipalities, 1977 edition, published by the State Department of Highways, as adopted and amended in Section 8-1 et seq.; (2) The Uniform Fire Code, 1991 edition, published by the Western Fire Chiefs Association and the International Conference of Building Officials, 5360 South Workman Mill Road, Whittier, California 90601, as adopted and amended in Section et seq.; Black Hawk, Colorado, Municipal Code Page 2

3 (3) The Uniform Code for the Abatement of Dangerous Buildings, 1991 edition, published by the International Conference of Building Officials, 5360 South Workman Mill Road, Whittier, California 90601, as adopted and amended in Section et seq.; (4) Section 101 of the Life Safety Code, 1981 edition, pertaining to the National Fire Prevention Code, as adopted and amended in Section et seq.; Section 6. The following codes are hereby adopted by reference and incorporated in the Municipal Code of the City of Black Hawk. One (1) copy is on file in the City Clerk's office: (1) The Uniform Building Code, 1991 edition, published by the International Conference of Building Officials, 5360 South Workman Mill Road, Whittier, California 90601, as adopted and amended in Section 18-2 et seq; (2) The Uniform Mechanical Code, 1991 edition, published by the International Association of Plumbing and Mechanical Officials, Walnut Drive South, Walnut, California , and the International Conference of Building Officials, 5360 South Workman Mill Road, Whittier, California 90601, as adopted and amended in Section et seq; (3) The Uniform Plumbing Code, 1991 edition, published by the International Conference of Plumbing and Mechanical Officials, Walnut Drive South, Walnut, California , as adopted and amended in Section et seq; (4) The Uniform Code for Building Conservation, 1991 edition, as published by the International Conference of Building Officials, 5360 South Workman Mill Road, Whittier, California 90601,as adopted and amended in Section et seq; (5) The National Electrical Code, 1993 edition, published by the National Fire Protection Association, Batterymarch Park, Quincy, MA 02269, as adopted and amended in Section et seq; Section 7. The penalties provided by the Municipal Code of the City of Black Hawk are hereby adopted as follows: (1) Sec Criminal penalties. (a) Every person who, at the time of commission of a violation of a criminal ordinance of the City, was at least eighteen (18) years of age, and who is subsequently convicted of, or pleads guilty or nolo contendere to, a violation of any criminal ordinance of the City, shall be punished by a criminal penalty of not less than twenty-five dollars ($25.00) but not exceeding one thousand dollars ($1,000.00) per violation, imprisonment not exceeding one (1) year or both such fine and imprisonment. Any restitution, community service or program participation ordered by the Municipal Court shall be in addition to any such fine or imprisonment. (b) Every person who, at the time of commission of a violation of a criminal ordinance of the City, was at least ten (10) but not yet eighteen (18) years of age, and who is subsequently convicted of, or pleads guilty or nolo contendere to, a violation of any criminal ordinance of the City, shall be punished by a criminal penalty of not less than twenty-five dollars ($25.00) but not exceeding one thousand dollars ($1,000.00) per violation. Any restitution, community service or program participation ordered by the Municipal Court shall be in addition to any fine. (2) Sec Civil penalties. Every person who commits a civil infraction and is found guilty of, or pleads guilty or nolo contendere to, the commission of the civil infraction shall receive a civil penalty of not less than twenty-five dollars ($25.00) but not exceeding four hundred ninety-nine dollars ($499.00) per commission. In addition to the civil penalty, the Municipal Court may order restitution, but it cannot require community service or program participation. Any disobedience to or interference with a court order in a civil infraction proceeding issued by the Municipal Court may be punished as a contempt of Court. Black Hawk, Colorado, Municipal Code Page 3

4 (3) Sec Community service. Community service means any work which is beneficial to the public, any public entity or any bona fide nonprofit private or public organization, which work involves a minimum of direct supervision or other public cost and which work would not, with the exercise of reasonable care, endanger the health or safety of the persons required to work. The court shall assess an amount, not to exceed sixty dollars ($60.00), upon every person required to perform community service pursuant to this Section. The court may waive this fee if the court determines such person to be indigent. (4) Sec Deficiency due to negligence. (Article V, Use Tax) (a) If the use tax is not paid in full and it is due to negligence or intentional disregard of this Article or the City's rules and regulations, there shall be added a ten-percent penalty to the unpaid portion of the use tax. The penalty shall be collected in addition to the interest collected under Section The use tax, interest and penalties shall become due and payable ten (10) days after written notice and demand to the taxpayer by the Building Department. This provision shall not apply if the taxpayer intended to defraud the City. (b) If any part of the deficiency is due to fraud with the intent to evade the use tax, there shall be added a one-hundred- percent penalty to the unpaid portion of the use tax. The penalty shall be collected in addition to the interest collected under Section An additional three-percent per month shall accrue from the date the return was due until paid in full. The use tax, interest and penalties shall become due and payable ten (10) days after written notice and demand by the Building Department. (5) Sec Neglect or refusal to make return or to pay. (Article V, Use Tax) If a person neglects or refuses to file a use tax return or to pay the required use tax, the Building Department shall estimate the amount of use taxes due for the period that the taxpayer is delinquent based upon the available information. A ten-percent penalty shall be added to the amount due, in addition to interest on the delinquent use taxes, at the rate imposed under Section 4-93, plus one-half of one percent (.5%) per month from the date the return was due until paid in full. (6) Sec Penalty interest on unpaid use tax. Any use tax due and unpaid shall be a debt to the City, and shall draw interest at the rate imposed under Section 4-93, in addition to the interest provided by Section 4-89, from the time when due until paid. (7) Sec Late penalty and interest. (Article VI, Parking Impact Fees) If a person fails to file a return or pay a tax or impact fee when due, there shall be added a ten percent (10%) penalty to the total amount of the deficiency, but not less than ten dollars ($10.00), and interest shall accrue at the rate of one percent (1%) each month on the total amount due on the deficiency from the time the return was due to the date the tax is paid. Payments of part but less than the total amount due shall be first applied to the penalty, then to the accrued interest, and lastly, to the tax itself. (8) Sec Penalty for violation. (Article II, Alcoholic Beverages) (a) Any licensee who violates the terms of this Article may be subject to suspension or revocation of his or her liquor license pursuant to Section , C.R.S. (b) Whenever the Board of Aldermen's decision to suspend a license for fourteen (14) or fewer days becomes final, whether by failure of the licensee to appeal the decision or by exhaustion of all appeals and judicial review, the licensee may, before the operative date of the suspension or such earlier date as the Board of Aldermen may designate in its decision, petition for permission to pay a fine in lieu of having the license suspended for all or part of the suspension period. The Board of Aldermen may, in its sole discretion, stay Black Hawk, Colorado, Municipal Code Page 4

5 the proposed suspension in part or in whole and grant the petition if it finds, after any investigation, that it deems desirable that: (1) The public welfare and morals would not be impaired by permitting the licensee to operate during the period set for suspension and that the payment of the fine will achieve the desired disciplinary purpose; (2) The books and records of the licensee are kept in such a manner that the loss of sales during the proposed suspension can be determined with reasonable accuracy; and (3) The licensee has not had its license suspended or revoked nor had any suspension stayed by payment of a fine during the two (2) years immediately preceding the date of the motion or complaint which has resulted in a final decision to suspend the license. (c) Payment of any fine shall be in the form of cash, a certified check or a cashier's check payable to the City. Such fine shall be paid into the general fund of the City. (d) The Board of Aldermen may grant such conditional or temporary stays as are necessary for it to complete its investigations, to make its findings as specified in Subsection (b) of this Section, and to grant a permanent stay of the entire or part of the suspension. If no permanent stay is granted, the suspension shall go into effect on the operative date finally set by the Board of Aldermen. (9) Sec Penalty. (Article II, Parking) Every person convicted of or pleading guilty to a violation of any of the parking provisions set forth in the Model Traffic Code for Colorado Municipalities, including Sections 10-1 to 10-9; 11-1 to 11-3; 12-2 to 12-5; and 13-1 to 13-6, or in this Article shall be punishable by a fine of ten dollars ($10.00) for each such violation, payable within thirty (30) days of the violation. The fine shall double to twenty dollars ($20.00) if not paid within the thirty-day period. (10) Sec Possession of cannabis. (b) It shall be unlawful to possess one (1) ounce or less of cannabis or cannabis concentrate, and upon conviction thereof, or plea of guilty or no contest thereto, punishment shall not be by imprisonment, but shall be by a fine of not more than one hundred dollars ($100.00). (c) It shall be unlawful openly and publicly to display or consume one (1) ounce or less of cannabis concentrate, and upon conviction thereof, or a plea of guilty or no contest thereto, shall be punished by a fine of one hundred dollars ($100.00), and by imprisonment not exceeding fifteen (15) days. (11) Sec Distribution of cigarettes and tobacco products to minors. (e) Any person who is convicted of, or pleads guilty or nolo contendere to, a violation of Subsections (a), (b) or (d) shall be punished by a fine of two hundred dollars ($200.00). Any person who is convicted of, or pleads guilty or nolo contendere to, a violation of Subsection (c) shall be punished by a fine of fifty dollars ($50.00). Section 8. Additions or amendments to the Code, when passed in the form as to indicate the intention of the City to make the same a part of the Code, shall be deemed to be incorporated in the Code, so that reference to the Code includes the additions and amendments. Section 9. Ordinances adopted after this Ordinance that amend or refer to ordinances that have been codified in the Code, shall be construed as if they amend or refer to those provisions of the Code. Section 10. This Ordinance shall become effective upon posting. INTRODUCED this 23rd day of February, CITY OF BLACK HAWK, COLORADO Black Hawk, Colorado, Municipal Code Page 5

6 ATTEST: Kathryn Eccker, Mayor Penny Round, City Clerk (SEAL) ADOPTED AND ORDERED PUBLISHED on this 23rd day of March, ATTEST: Kathryn Eccker, Mayor Penny Round, City Clerk (SEAL) APPROVED AS TO FORM: James S. Maloney, City Attorney Black Hawk, Colorado, Municipal Code Page 6