1.01 CODE ADOPTION
1.04 GENERAL PROVISIONS
1.06 GENERAL PENALTY
1.01.020 Title – Citation – Reference.
1.01.030 Reference Applies to All Amendments.
1.01.040 Title, Chapter, and Section Headings.
1.01.050 Reference to Specific Ordinances.
1.01.060 Effect of Code on Past Actions and Obligations.
1.01.070 Effective Date.
1.01.010 Adoption. Pursuant to the provisions of Colorado Revised Statutes, 31-16-201, et seq., there is adopted the “Nunn Municipal Code.” (Code, 2002)
1.01.020 Title – Citation – Reference. The Code shall be known as the “Nunn Municipal Code” and it shall be sufficient to refer to said Code as the “Nunn Municipal Code” in any prosecution for the violation of any provision thereof or in any proceeding at law or equity. It shall be sufficient to designate any ordinance adding to, amending, correcting, or repealing all or any part or portion thereof as an addition to, amendment to, correction or repeal of the “Nunn Municipal Code.” Further reference may be made to the titles, chapters, sections, and subsections of the “Nunn Municipal Code” and such references shall apply to that numbered title, chapter, section, or subsection as it appears in the Code. (Code, 2002)
1.01.030 Reference Applies to All Amendments. Whenever a reference is made to this Code as the “Nunn Municipal Code” or to any portion thereof, or to any ordinance of the Town of Nunn, Colorado, the reference shall apply to all amendments, corrections, and additions heretofore, now or hereafter made. (Code, 2002)
1.01.040 Title, Chapter, and Section Headings. Title, chapter, and section headings contained in this Code shall not be deemed to govern, limit, modify, or in any manner affect the scope, meaning, or intent of the provisions of any title, chapter, or section thereof. (Code, 2002)
1.01.050 Reference to Specific Ordinances. The provisions of this Code shall not in any manner affect matters of record which refer to or are otherwise connected with ordinances which are therein specifically designated by number or otherwise and which are included within the Code, but such reference shall be construed to apply to the corresponding provisions contained within this Code. (Code, 2002)
1.01.060 Effect of Code on Past Actions and Obligations. Neither the adoption of this Code nor the repeal or amendment of any ordinance or part or portion of any ordinance of the Town of Nunn shall in any manner affect the prosecution for violations of ordinances, which violations were committed prior to the effective date of the ordinances codified in this chapter, nor be construed as a waiver of any license, fee, or penalty at said effective date due and unpaid under such ordinances, nor be construed as affecting any of the provisions of such ordinances relating to the collection of any such license, fee, or penalty, or the penal provisions applicable to any violation thereof, nor to affect the validity of any bond or cash deposit in lieu thereof required to be posted, filed, or deposited pursuant to any ordinance and all rights and obligations thereunder appertaining shall continue in full force and effect. (Code, 2002)
1.01.070 Effective Date. This Code shall become effective on the date the ordinance adopting this Code as the “Nunn Municipal Code” shall become effective. (Code, 2002)
1.01.080 Constitutionality. If any section, subsection, sentence, clause, or phrase of this Code is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this Code. The Town Board hereby declares that it would have passed this Code, and each section, subsection, sentence, clause, and phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases had been declared invalid or unconstitutional, and if for any reason this Code should be declared invalid or unconstitutional, then the original ordinance or ordinances shall be in full force and effect. (Code, 2002)
1.04.010 Definitions. The following words and phrase, whenever used in the ordinances of the Town of Nunn, State of Colorado, shall be construed as defined in this section the context in a difference meaning is intended or unless a different meaning is specifically defined and more particularly directed to the use of such words or phrases.
A. “Capital improvement" means a public improvement of a permanent nature, and may include land and equipment necessary for the functioning of a building or other capital improvement. (Code, 2002)
B. “Town” means the Town of Nunn, Colorado, or the area within the territorial limits of the Town of Nunn, Colorado, and such territory outside of the Town's boundaries over which the Town has jurisdiction or control by virtue of any constitutional or statutory provision. (Code. 2002)
C. “Board" means the Town Board of the Town of Nunn. "All its members" or "all Trustees" means the total number of Trustees holding office. (Code, 2002)
D. “County” means the County of Weld. (Code, 2002)
E. "Law" denotes applicable federal law, the Constitution, and the statutes of the State of Colorado, the ordinances of the Town of Nunn, and, when appropriate, any and all rules and regulations which may be promulgated thereunder. (Code, 2002)
F. "Local improvement" means public improvement specially beneficial to the property affected, and also includes the abatement of such unsafe, unhealthful, or unsanitary conditions as the Board of Trustees shall deternine to be a public nuisance. (Code. 2002)
G. “May” is permissive. (Code, 2002)
H. "Month" means a calendar month. (Code, 2002)
I. "Must" and "shall" are each mandatory. (Code. 2002)
J. “Oath" includes 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." (Code, 2002)
K. "Office." The use of any title of any officer, employee, or any office, or ordinance means such officer, employee, office, or ordinance of the Town of Nunn, Colorado, unless otherwise specifically designated. (Code, 2002)
L. "Ordinance" means the law of the Town. (Code, 2002)
M. "Owner," applied to a building or land, includes any part owner, joint owner, tenant in common, joint tenant, tenant by the entirety, of the whole or a part of such building or land. (Code, 2002)
N. "Person" includes a natural person, joint venture, joint stock company, partnership, association, club, company, corporation, L.L.C., business, trust, organization, or the manager, lessee, agent, servant, officer, or employee of any of them. (Code, 2002)
O. "Personal property" includes money, goods, chattels, things in action and evidences of debt. (Code. 2002)
P. “Preceding” and “following” mean next before and next after, respectively. (Code, 2002)
Q. “Property” includes real and personal property. (Code, 2002)
R. “Public improvement" means improvements to or in connection with streets, sidewalks, parks, playgrounds, buildings, sewer systems, water systems, power systems, and any other real property or appurtenances thereof of the Town used by the public. (Code, 2002)
S. “Public utility" includes all common carriers in the public streets, water, sewage disposal, electrical light, central heating, gas, electric power, telephone and telegraph lines and systems, and such other and different enterprises as the law or the Board of Trustees may determine. (Code, 2002)
T. "Real property" includes lands, tenements, and hereditaments. (Code, 2002)
U. "Sidewalk" means that portion of a street between the curbline and the adjacent property line intended for the use of pedestrians. (Code, 2002)
V. “State” means the State of Colorado. (Code, 2002)
W. "Street" includes all streets, highways, avenues, lanes, alleys, courts, places, squares, curbs, or other public ways in this Town which have been or may hereafter be dedicated and open to public use, or such other public property so designated in any law of this state. (Code, 2002)
X. "Tenant" and "occupant." applied to a building or land, includes any person who occupies the whole or any part of such building or land, whether alone or with others. (Code, 2002)
Y. "Written" includes printed, typewritten, mimeographed, multi-graphed, or otherwise reproduced in permanent visible form. (Code. 2002)
Z. "Year" means a calendar year. (Code, 2002)
1.06.010 Violation of Code Provisions – Penalty – Additional Remedies.
1.06.020 Violation – Penalty – Juvenile Offenders.
1.06.030 Violation – Penalty – Useful Public Service.
1.06.010 Violation of Code Provisions – Penalty – Additional Remedies.
A. It is unlawful for any person to violate any provision or to fail to comply with any of the requirements of this Code. Any person violating any of the provisions or failing to comply with any of the mandatory requirements of this Code, unless provision is otherwise herein made shall, upon conviction thereof, be punished by a fine not exceeding one thousand dollars ($1,000.00) or by imprisonment not exceeding one (1) year, or by both such fine and imprisonment. Each such person is guilty of a separate offense for each and every day during any portion of which any violation of any provision of this Code is committed, continued, or permitted by such person, and shall be punished accordingly. (Code, 2002)
B. In addition to the penalties hereinabove provided, any condition caused or permitted to exist in violation of any of the provisions of this Code shall be deemed a public nuisance and may be, by this Town, summarily abated as such, and each day that such condition continues shall be regarded as a new and separate offense. (Code, 2002)
1.06.020 Violation -- Penalty -- Juvenile Offenders. The violation of any section of this Municipal Code by any person not having attained the age of eighteen (18) years at the time of the commission of the violation shall be a misdemeanor, however, such conviction shall be punishable for a fine only, not exceeding one thousand dollars ($1,000.00), unless a different fine is specifically set forth therein, and notwithstanding the application of imprisonment penalties which may otherwise be applicable to such offenses, if committed by a person eighteen (18) years of age or over as set forth in Section 1.06.010 or any specific penalty provision of a Municipal Ordinance or Code section. In the event that the juvenile court should assume jurisdiction over the juvenile person so charged pursuant to the provisions of the Colorado Children's Code, prior to final adjudication by the municipal court, then all jurisdiction in the matter shall vest with the juvenile court, and the municipal action shall be dismissed. (Code, 2002)
1.06.030 Violation -- Penalty -- Useful Public Service.
A. A violator, upon conviction, may be sentenced to perform a certain number of hours of community or useful public service, not to exceed forty (40) hours, in addition to any other penalty provided in this chapter. If a person is convicted of more than one (I) violation, community or useful public service may be imposed on any or each and every violation; any community or useful public service penalties in excess of one arising out of multiple violations within one (1) case may run and be satisfied concurrently or consecutively, in the discretion of the Court. (Code, 2002)
B. For the purposes of subsection A. of this section, "community or useful public service" means any work which is beneficial to the public, any public entity, or any bona fide non-profit private or public organization and which work would not, with the exercise of reasonable care, endanger the health or safety of the person required to work. (Code, 2002)
C. Any community or useful public service penalty imposed pursuant to this section shall be suitable to the age and abilities of the violator, and the amount of community or useful public service work ordered shall be reasonably related to the seriousness of the violation(s). (Code, 2002)
D. The Court may assess a fee to cover the costs of the defendant participating in the useful public service program, upon every person required to perform community or useful public service pursuant to this section. The Court may waive all or a portion of this fee if the Court determines the violator to be indigent. (Code, 2002)