Code: Chapter 1


General Provisions


Article 1 Code
Sec. 1-1-10 Adoption of Code
Sec. 1-1-20 Title and scope
Sec. 1-1-30 Code supersedes prior ordinances
Sec. 1-1-40 Adoption of codes by reference
Sec. 1-1-50 Repeal of ordinances not contained in Code
Sec. 1-1-60 Matters not affected by repeal
Sec. 1-1-70 Ordinances saved from repeal
Sec. 1-1-80 Changes in previously adopted ordinances

Article 2 Definitions and Usage
Sec. 1-2-10 Definitions
Sec. 1-2-20 Computation of time
Sec. 1-2-30 Title of office
Sec. 1-2-40 Usage of terms
Sec. 1-2-50 Grammatical interpretation
Sec. 1-2-60 Reasonable notice

Article 3 General
Sec. 1-3-10 Purpose of Code
Sec. 1-3-20 Effect of titles and numbers
Sec. 1-3-30 Severability
Sec. 1-3-40 Repeal of ordinances; effect
Sec. 1-3-50 Altering or tampering with Code; penalties for violation
Sec. 1-3-60 Copy of Code on file
Sec. 1-3-70 Sale of Code books

Article 4 Amendments
Sec. 1-4-10 Amendment of Code by ordinance
Sec. 1-4-20 Effective date
Sec. 1-4-30 Amendment of titles and numbers
Sec. 1-4-40 Descriptive and explanatory references
Sec. 1-4-50 Form of changes

Article 5 Legal Notices
Sec. 1-5-10 Legislative findings and purpose

Article 6 General Penalty
Sec. 1-6-10 Violations
Sec. 1-6-20 General penalty; continuing violation
Sec. 1-6-30 Penalty for violations of ordinance adopted after adoption of Code
Sec. 1-6-40 Interpretation of unlawful acts

Article 7 Seal
Sec. 1-7-10 Corporate seal

Article 8 Process to Accept Real Property
Sec. 1-8-10 Acceptance by resolution
Sec. 1-8-20 Conveyance invalid
Sec. 1-8-30 Recordation

Article 9 Inspections
Sec. 1-9-10 Entry
Sec. 1-9-20 Authority to enter premises under emergency

ARTICLE 1
Code

Sec. 1-1-10. Adoption of Code.
The published code known as the Municipal Code of the Town of Mountain View, of which three (3) copies are now on file in the office of the Town Clerk and may be inspected during regular business hours, is enacted and adopted by reference as a primary code and incorporated herein as if set out at length. This primary code has been promulgated by the Town of Mountain View as a codification of all the ordinances of the Town of Mountain View, Colorado, of a general and permanent nature through Ordinance No. 2007-4, for the purpose of providing an up-to-date code of ordinances, properly organized and indexed, in published form for the use of the citizens and officers of the Town. (Ord. 2007-4 §1)

Sec. 1-1-20. Title and scope.
This Code constitutes a compilation, revision and codification of all the ordinances of the Town of Mountain View, Colorado, of a general and permanent nature, and shall be known as the Mountain View Municipal Code. (Ord. 2007-4 §1)

Sec. 1-1-30. Code supersedes prior ordinances.
This Code shall supersede all other general and permanent ordinances and parts of ordinances passed by the Town Council, except such ordinances as are expressly saved from repeal or continued in force and effect as shall hereafter be set forth by reference. (Ord. 2007-4 §1)

Sec. 1-1-40. Adoption of codes by reference.
Secondary codes may be adopted by reference, as provided by state law. (Ord. 2007-4 §1)

Sec. 1-1-50. Repeal of ordinances not contained in Code.
All existing ordinances and portions of ordinances of a general and permanent nature which are inconsistent with any ordinance included in the adoption of this Code are hereby repealed to the extent of any inconsistency therein as of the effective date of the ordinance adopting this Code, except as hereinafter provided. (Ord. 2007-4 §1)

Sec. 1-1-60. Matters not affected by repeal.
The repeal of ordinances and parts of ordinances of a permanent and general nature by Section 1-1-50 above shall not affect any offense committed or act done, any penalty or forfeiture incurred or any contract, right or obligation established prior to the time said ordinances and parts of ordinances are repealed. (Ord. 2007-4 §1)

Sec. 1-1-70. Ordinances saved from repeal.
The continuance in effect of temporary and/or special ordinances and parts of ordinances, although omitted from this Code, shall not be affected by such omission therefrom, and the adoption of this Code shall not repeal or amend any such ordinance or part of any such ordinance. Among the ordinances not repealed or amended by the adoption of this Code are ordinances:

(1) Creating, opening, dedicating, vacating or closing specific streets, alleys and other public ways.

(2) Naming or changing the names of specific streets and other public ways.

(3) Establishing the grades of specific streets and other public ways.

(4) Establishing the grades or lines of specific sidewalks.

(5) Authorizing or relating to specific issuances of general obligation bonds.

(6) Creating specific sewer and paving districts and other local improvement districts.

(7) Authorizing the issuance of specific local improvement district bonds.

(8) Making special assessments for local improvement districts and authorizing refunds from specific local improvement district bond proceeds.

(9) Annexing territory to or excluding territory from the Town.

(10) Dedicating or accepting any specific plat or subdivision.

(11) Calling or providing for a specific election.

(12) Authorizing specific contracts for purchase of beneficial use of water by the Town.

(13) Approving or authorizing specific contracts with the State, with other governmental bodies or with others.

(14) Authorizing a specific lease, sale or purchase of property.

(15) Granting rights-of-way or other rights and privileges to specific railroad companies or other public carriers.

(16) Granting a specific gas company or other public utility the right or privilege of constructing lines in the streets and alleys or of otherwise using the streets and alleys.

(17) Granting a franchise to a specific public utility company or establishing rights for or otherwise regulating a specific public utility company.

(18) Appropriating money.

(19) Levying a temporary tax or fixing a temporary tax rate.

(20) Relating to salaries.

(21) Amending the Official Zoning Map. (Ord. 2007-4 §1)

Sec. 1-1-80. Changes in previously adopted ordinances.
In compiling and preparing the ordinances of the Town for adoption and revision as part of this Code, certain grammatical changes and other changes were made in one (1) or more of said ordinances. It is the intention of the Town Council that all such changes be adopted as part of this Code as if the ordinances so changed had been previously formally amended to read as such. (Ord. 2007-4 §1)

ARTICLE 2
Definitions and Usage

Sec. 1-2-10. Definitions.
In the construction of this Code and of all ordinances of the Town, the following definitions shall be observed, unless it shall be otherwise expressly provided in any section, article or ordinance, or unless inconsistent with the manifest intent of the ordinance:

Code means and includes any building, construction, safety, health or other regulatory code adopted by the Town, whether adopted by reference and by ordinance or otherwise, as published and subsequently amended, unless the context requires otherwise.

Council means the Town Council.

County means the County of Jefferson in the State of Colorado.

Court includes courts of record and courts not of record.

C.R.S. means the Colorado Revised Statutes, as amended.

Day means any period of time between any midnight and the midnight following. When a period of time is defined as a number of days, the date on which the period commences shall be excluded and the last date of such period included in the computation.

Daytime means the period of time between sunrise and sunset.

Following means next after.

In the Town means and includes all territory over which the Town now has, or shall hereafter acquire, jurisdiction for the exercise of its police powers and other regulatory powers.

Law denotes applicable federal law, the Constitution and statutes of the State of Colorado, the ordinances of the Town and, when appropriate, any and all rules and regulations which may be promulgated thereunder.

Mayor means the elected Mayor of the Town and includes a Mayor Pro Tem or other person duly authorized to act as Mayor in the absence or disability of the Mayor or during the period of any vacancy in the office.

Month means a calendar month.

Oath shall be construed to include an affirmation or declaration 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.

Ordinance means the ordinances of the Town and includes the ordinances codified in this Code.

Owner, when applied to a building or land, means and includes any and all owners in fee, joint owners, tenants in common, joint tenants or tenant by the entirety of the whole or a part of such building or land, and, when applied to any personal property, animal or vehicle, shall mean any person who has the legal title or right to or has possession of a thing.

Person means and includes an individual, firm, partnership, corporation, joint venture, joint stock company, club, company, business, trust, association or other organization acting as a group or unit.

Personal property includes money, goods, chattels, things in action and evidences of debt.

Preceding means next before.

Property, unless qualified, means and includes real property and personal property, whether tangible or intangible.

Public way means and includes any street, highway, alley, boulevard, parkway, sidewalk or other public thoroughfare.

Real property means and includes lands, tenements and hereditaments.

Shall is mandatory and may is permissive.

Sidewalk means that portion of a street between the curb lines, or the lateral lines of a roadway, and the adjacent property lines, intended for the use of pedestrians.

State means the State of Colorado.

Street means and includes any public way, highway, street, avenue, boulevard, parkway, lane, court, square, alley or other public thoroughfare, and each of such words shall include all of them.

Tenant or occupant, applied to a building, premises or land, or any part thereof, includes any person who occupies the whole or a part of such building, premises or land, whether alone or with others.

Town means the Town of Mountain View, Colorado, or the area within the territorial limits of the Town of Mountain View.

Town Council means the governing body of the Town.

Written includes printed, typewritten, mimeographed, multigraphed or otherwise reproduced in permanent visible form.

Year means a calendar year. (Ord. 2007-4 §1)

Sec. 1-2-20. Computation of time.
If the time limited for the doing of an act expires on a Sunday or legal holiday, the act shall be done upon the day next following such Sunday or legal holiday. If the time limit for filing or issuing any application, permit, license, paper or document with or by the Town expires on a Saturday, Sunday or legal holiday, the same may be done on the business day next following. (Ord. 2007-4 §1)

Sec. 1-2-30. Title of office.
Use of the title of any officer, employee, department, board or commission means that officer, employee, department, board or commission of the Town, or his or her designated representative. (Prior code §1-2; Ord. 2007-4 §1)

Sec. 1-2-40. Usage of terms.
All words and phrases shall be construed and understood 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 peculiar and appropriate meaning. (Ord. 2007-4 §1)

Sec. 1-2-50. Grammatical interpretation.
The following grammatical rules shall apply to this Code and to Town ordinances:

(1) Any gender includes the other genders.

(2) The singular number includes the plural and the plural includes the singular.

(3) Words used in the present tense include the past and future tenses and vice versa, unless manifestly inapplicable.

(4) Words and phrases not specifically defined shall be construed according to the context and approved usage of the language. (Ord. 2007-4 §1)

Sec. 1-2-60. Reasonable notice.
In all cases where any ordinance requires any act to be done in a “reasonable time” or requires “reasonable notice” to be given, such reasonable time or notice shall be deemed to mean such time only as may be necessary for the prompt performance of such duty or compliance with such notice. (Ord. 2007-4 §1)

ARTICLE 3
General

Sec. 1-3-10. Purpose of Code.
The provisions of this Code, and all proceedings under it, are to be construed with a view to effect their objectives and to promote justice. (Ord. 2007-4 §1)

Sec. 1-3-20. Effect of titles and numbers.
The title or number of any chapter, article, section or subsection of this Code, or of the ordinances of the Town, shall not be deemed to restrict, qualify or limit the effect of the provisions set forth and contained in any such chapter, article, section or subsection. The title of a bill which is enacted as an ordinance shall not be a part of such ordinance and shall not be deemed to restrict, qualify or limit the effect of the provisions set forth and contained in such ordinance or any part thereof. (Ord. 2007-4§1)

Sec. 1-3-30. Severability.
The provisions of this Code are declared to be severable; and if any section, provision or part thereof, or the application of such section, provision or part to any person or circumstance, is held unconstitutional or invalid, the remainder of this Code shall continue in full force and effect, it being the legislative intent that this Code would have been adopted even if such unconstitutional or invalid matter had not been included herein. It is further declared that if any provision or part of this Code, or the application thereof to any person or circumstances, is held invalid, the remainder of this Code and the application thereof to other persons shall not be affected thereby. (Ord. 2007-4 §1)

Sec. 1-3-40. Repeal of ordinances; effect.
(a) The repeal of an ordinance shall not repeal the repealing clause of such ordinance or revive any ordinance which has been repealed thereby.

(b) The repeal, amendment or supersession of any ordinance or part of any ordinance of the Town shall not release, extinguish, alter, modify or change, in whole or in part, any penalty, liability or right which may have been incurred or obtained under such ordinance or part thereof nor any action or proceedings commenced under or by virtue of the provision repealed; and such ordinance or part thereof so amended, repealed or superseded shall be treated and held as remaining in force for the purpose of sustaining any and all proper actions, suits, proceedings and prosecutions relating to the Town and pending before any board, officer, agency, court or governing body of the State, County or Town, or any court of record. (Ord. 2007-4 §1)

Sec. 1-3-50. Altering or tampering with Code; penalties for violation.
Any person who alters, changes or amends this Code, except in the manner prescribed in this Article, or who alters or tampers with this Code in any manner so as to cause this Code to be misrepresented, shall have committed a civil infraction and be punishable as provided by Section 1-6-20 of this Chapter.               (Ord. 2007-4 §1)

Sec. 1-3-60. Copy of Code on file.
(a) At least one (1) copy of this Code shall be kept in the office of the Town Clerk at all times, and such Code may be inspected by any interested person at any time during regular office hours, but may not be removed from the Town Clerk’s office except upon proper order of a court of law.

(b) It shall be the duty of the Town Clerk, or someone authorized and directed by the Town Clerk, to keep up to date the copy of the book containing the Code required to be filed in the office of the Town Clerk for the use of the public. (Ord. 2007-4 §1)

Sec. 1-3-70. Sale of Code books.
Copies of the Code book may be purchased from the Town Clerk upon the payment of a fee to be set by resolution of the Town Council. (Ord. 2007-4 §1)

ARTICLE 4
Amendments

Sec. 1-4-10. Amendment of Code by ordinance.
Amendments to this Code shall be made by ordinance. (Ord. 2007-4 §1)

Sec. 1-4-20. Effective date.
(a) An amendment to this Code shall take effect on the date specified in the amending ordinance; provided that such effective date specified shall not be sooner than the effective date of the amending ordinance.

(b) When no effective date is specified in the amending ordinance, an amendment to this Code shall take effect on the effective date of the amending ordinance. (Ord. 2007-4 §1)

Sec. 1-4-30. Amendment of titles and numbers.
The title or number of any chapter, article, section or subsection of this Code may be amended without setting forth in full in the amending ordinance the content of the chapter, article, section or subsection so amended. (Ord. 2007-4 §1)

Sec. 1-4-40. Descriptive and explanatory references.
There may be inserted in any compilation or publication of this Code such descriptive and explanatory references, including tables of contents, indexes, notes and other references and cross references, as may be necessary to identify the source of any amendment or the effective date thereof,  or to facilitate reference to and use of this Code. Such references shall not be a part of the ordinances of the Town and shall not be deemed to restrict, qualify or limit the effect of any provisions contained in an ordinance or in this Code. (Ord. 2007-4 §1)

Sec. 1-4-50. Form of changes.
The Town Clerk shall cause supplementation and amendments to the Code to be prepared and printed from time to time as he or she may see fit. The Town Clerk shall cause this Code to be changed as directed by the amendment, and it shall be necessary to include in this Code, or any provision thereof, the direction for amendment, supplementation or any language which has been directed to be deleted. Any provision of this Code repealed by any ordinance shall not thereafter appear in the Code. Any provision of this Code repealed and reenacted by ordinance shall thereafter appear in this Code in the form in which reenacted. (Ord. 2007-4 §1)

ARTICLE 5
Legal Notices

Sec. 1-5-10. Legislative findings and purpose.
(a) The Council finds, determines and declares that the primary purpose of publishing and posting legal notices is to give the widest publicity practicable to the activities and enactments of the government of the Town to the citizens it serves. The Council finds that the type, duration and need for the publication or posting of legal notices may vary depending upon the type of activity or enactment, the immediacy of the need for the Town’s action, and the extent to which extensive citizen input or participation will improve the Town’s ability to serve its citizenry.

(b) The Council finds that the provisions of this Article controlling the Town’s legal notices are matters of purely local and municipal concern and that the adoption of this Chapter is an exercise of the Town’s home rule authority pursuant to Article XX, Section 6 of the Colorado Constitution. (Ord. 2007-4 §1)

ARTICLE 6
General Penalty

Sec. 1-6-10. Violations.
It is a violation of this Code for any person to do any act which is forbidden or declared to be unlawful or to fail to do or perform any act required in this Code. (Ord. 2007-4 §1)

Sec. 1-6-20. General penalty; continuing violation.
(a) Whenever by any ordinance of the Town any act is prohibited or declared to be unlawful, the doing of any act is required; or the failure to do any act is declared to be unlawful:

(1) Where a specific penalty is provided therefor, any person convicted of violating any such provision of such ordinance, or the chapter, section or article of this Code within which such ordinance provision is contained, provides a criminal or civil penalty for any violation of the provisions of such ordinance, chapter section or article shall be punished as therein provided.

(2) Where no specific penalty is provided therefor, any person convicted of violating any such provision of the ordinances of the Town hereafter enacted, or convicted of violating any rule or regulation adopted pursuant to such ordinances, shall be punished by a fine of not more than nine hundred ninety-nine dollars ($999.00) or imprisonment for not more than one (1) year, or by both such fine and imprisonment.

(b) Each and every day on which any violation of the ordinances of the Town or the rules and regulations adopted pursuant to such ordinances is committed, exists or continues shall be deemed a separate offense. (Ord. 2007-4 §1)

Sec. 1-6-30. Penalty for violations of ordinance adopted after adoption of Code.
Any person who violates any provision of any ordinance of a permanent and general nature passed or adopted after adoption of this Code, either before or after it has been inserted in this Code by a supplement, shall, upon conviction thereof, be punishable as provided by Section 1-6-20 of this Article unless another penalty is specifically provided for the violation. (Ord. 2007-4 §1)

Sec. 1-6-40. Interpretation of unlawful acts.
Whenever in this Code any act or omission is made unlawful, it is also unlawful to cause, allow, permit, aid, abet or suffer such unlawful act or omission. Concealing or in any manner aiding in the concealing of any unlawful act or omission is similarly unlawful. (Ord. 2007-4 §1)

ARTICLE 7
Seal

Sec. 1-7-10. Corporate seal.
The corporate seal for the Town shall be as follows: a circular seal, bearing the words “TOWN OF MOUNTAIN VIEW, STATE OF COLORADO.” (Ord. 96-3 §1; Ord. 2007-4 §1)

ARTICLE 8
Process to Accept Real Property

Sec. 1-8-10. Acceptance by resolution.
The Council by resolution may accept the conveyance of real property by any person. (Ord. 2007-4 §1)

Sec. 1-8-20. Conveyance invalid.
Any document purporting to convey real property to the Town shall not be deemed a valid transfer of title until accepted by the Council by resolution, unless the transfer is made pursuant to an agreement previously approved by the Council. (Ord. 2007-4 §1)

Sec. 1-8-30. Recordation.
The recordation of any document purporting to convey real property to the Town that has not been accepted by the Town in the manner described in this Article shall be subject to the penalty provisions of this Article. (Ord. 2007-4 §1)

ARTICLE 9
Inspections

Sec. 1-9-10. Entry.
Whenever necessary to make an inspection to enforce any ordinance, or whenever there is probable cause to believe that there exists an ordinance violation in any building or upon any premises within the jurisdiction of the Town, any public official of the Town may, upon presentation of proper credentials and upon obtaining permission of the occupant or if unoccupied, the owner, enter such building or premises at all reasonable times to inspect the same or to perform any duty imposed upon him or her by ordinance. In the event the occupant, or if unoccupied, the owner, refuses entry to such building or premises, or the public official is unable to obtain permission of such occupant or owner to enter such building or premises, the public official is empowered to seek assistance from any court of competent jurisdiction in obtaining such entry. (Ord. 2007-4 §1)

Sec. 1-9-20. Authority to enter premises under emergency.
Law enforcement officers, members of the Fire Department, other fire departments operating under a mutual assistance agreement or automatic aid agreement with the Town, certified emergency medical technicians and paramedics during the course of employment with a governmental agency are hereby granted the authority to enter private residences within the Town without invitation from the occupant or occupants of the residence at any time such person has reasonable grounds to believe a medical emergency is in progress within the subject premises and the occupant or occupants of such premises are incapable of consenting to the entry because of such medical emergency. (Ord. 2007-4§1)