Full Text
1-1 CHAPTER 1 General Provisions Article 1-4 General Provisions Sec. 1-4-10 Definitions Sec. 1-4-20 Grammatical interpretation Sec. 1-4-30 Prohibited acts include causing, permitting Sec. 1-4-40 Construction of provisions Sec. 1-4-50 Repeal not to revive any ordinances Sec. 1-4-60 Construction of terms Sec. 1-4-70 Authorized acts by agents Article 1-8 City Name and Organization Sec. 1-8-10 Organization Sec. 1-8-20 Municipal corporation name Article 1-12 City Seal Sec. 1-12-10 Established Sec. 1-12-20 Custodian; City Clerk's duty Sec. 1-12-30 Use Article 1-16 Wards and Precincts Sec. 1-16-10 Designated Sec. 1-16-20 Polling places designated Article 1-20 Right of Entry for Inspection Sec. 1-20-10 Applicability; notice required Sec. 1-20-20 Search warrant; determination of probable cause Sec. 1-20-30 Issuance and effect of search warrant Sec. 1-20-40 Issuance authority for search warrant Sec. 1-20-50 Emergency situation defined Sec. 1-20-60 Effect of emergency situation Sec. 1-20-70 Refusal to permit inspections Article 1-24 General Penalty Sec. 1-24-10 Designated Sec. 1-24-20 Additional civil remedies Sec. 1-24-30 Restitution Sec. 1-24-40 In-home detention Article 1-26 Administrative Subpoenas Sec. 1-26-10 General Article 1-27 Public Records Sec. 1-27-10 Purpose Sec. 1-27-20 Requests for records Sec. 1-27-30 Rules and regulations Sec. 1-27-40 Fees and charges ---PAGE BREAK--- 1-2 ARTICLE 1-4 General Provisions Sec. 1-4-10. Definitions. The following words and phrases, whenever used in the ordinances of the City of Brighton, Colorado, shall be construed as defined in this Section unless a different meaning is intended from the context or unless a different meaning is specifically defined and more particularly d i rected to the use of such words or phrases: City means the City of Brighton, Colorado, or the area within the territorial limits of the City of Brighton, Colorado, and such territory outside of the City over which the City has jurisdiction or control by virtue of any constitutional or statutory provision. Council means the City Council of the City. All its members , all councilmen or all councilpersons means the total number of individuals on the City Council as provided by the general laws of the State of Colorado. County means the County of Adams, Colorado. Law denotes applicable federal law, the Constitution and statutes of the State of Colorado, the ordinances of the City of Brighton and, when appropriate, any and all rules and regulations which may be promulgated thereunder. May is permissive. Month means a calendar month. Must and shall. Each is mandatory. Newspaper means one or more newspapers of general circulation in the City as selected by the Council which meets the requirements for a legal newspaper as established in the state statutes. 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 a law of the City; provided that a temporary or special law, administrative action, order or directive may be in the form of a resolution. Owner, applied to a building or land includes any part owner, joint owner, tenant in common, joint tenant or tenant by the entirety, of the whole or a part of such building or land. Person means natural person, joint venture, joint stock company, partnership, association, club, company, corporation, business, trust, organization or the manager, lessee, agent, servant, officer or employee of any of them. ---PAGE BREAK--- 1-3 Personal property includes money, goods, chattels, things in action and evidences of debt. Preceding and following mean the next before and next after, respectively. Property includes real and personal property. Publication or posting means: a. Publication in a newspaper; b. Publication on a publicly accessible web page; or c. In the event of an emergency or when no such newspaper or web page is available, posting. Anything published by such posting because of an emergency shall subsequently be published in a newspaper. Real property includes lands, tenements and hereditaments. Sidewalk means that portion of a street between the curbline and the adjacent property line intended for the use of pedestrians. State means the State of Colorado. Street includes all streets, highways, avenues, lanes, alleys, courts, places, squares, curbs or other public ways in this City which have been or may hereafter be dedicated and open to public use, or such other public property so designated in any state law. Tenant and occupant, applied to a building or land, includes any person who occupies all or a part of such building or land, whether alone or with others. Written includes printed, typewritten, mimeographed or multigraphed. Year means a calendar year. (Ord. 826 1975; Ord. 1589, 1999; Ord. 2123 2011) Sec. 1-4-20. Grammatical interpretation. The following grammatical rules shall apply in the ordinances of the City and this Code: Gender. Designation in the form of any gender includes the masculine, feminine and neuter genders. Singular and plural. The singular number includes the plural and the plural i n cludes the singular. Tenses. Words used in the present tense include the past and the future tenses and vice versa, unless manifestly inapplicable. ---PAGE BREAK--- 1-4 Computation of time. The time within which an act is to be done shall be co m puted by excluding the first day and inclu d ing the last day; and if the last day be Sunday or a legal holiday, that day shall be excluded. 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 City. (Ord. 826 1975; Ord. 1589, 1999) Sec. 1-4-30. Prohibited acts include causing, permitting. Whenever in this Code or the ordinances of the City any act or omission is made unlawful, it shall include causing, allowing, permitting, ai d ing, abetting, suffering or concealing the fact of such act or omission. (Ord. 826 1975; Ord. 1589, 1999) Sec. 1-4-40. Construction of provisions. The provisions of this Code and the ordinances of the City, and all proceedings under them, are to be construed with a view to affect their objectives and to promote justice. (Ord. 826 1975; Ord. 1589, 1999) Sec. 1-4-50. Repeal not to revive any ordinances. The repeal of an ordinance shall not repeal the repealing clause of such ordinance or revive any ordinance which has been repealed thereby. (Ord. 826 1975) Sec. 1-4-60. Construction of terms. All words and phrases shall be construed and understood according to the context and 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 the law shall be construed and understood according to such peculiar and appropriate meaning. (Ord. 826 1975; Ord. 1589, 1999) Sec. 1-4-70. Authorized acts by agents. When an act or duty is required by an ordinance, the same being such that it may be done as well by an agent or employee as by the principal or supervisor, such requirement shall be construed as to include all such acts or duties performed by a duly authorized agent, employee or representative of the principal or supervisor. (Ord. 826 1975; Ord. 1589, 1999) ---PAGE BREAK--- 1-5 ARTICLE 1-8 City Name and Organization Sec. 1-8-10. Organization. The City is duly organized and constituted as a city pursuant to state law, and as such is vested with all the rights, privileges and powers granted such cities by state law. (Prior code §1-201; Ord. 828 §1(part), 1975; Ord. 1589, 1999) Sec. 1-8-20. Municipal corporation name. It is declared that the municipal corporation known as the City of Brighton shall be and continue a municipal corporation under the name and style of the City of Brighton, Colorado. (Prior code §1-202; Ord. 828 §1(part), 1975; Ord. 1589, 1999) ARTICLE 1-12 City Seal Sec. 1-12-10. Established. The common seal of the City shall be of circular shape, in the center of which shall be the word "SEAL" and with the words "CITY OF BRIGHTON, COLORADO" around the margin of the seal. The seal above described is established and declared to be the seal of the City. (Prior code §1-901) Sec. 1-12-20. Custodian; City Clerk's duty. The seal described in Section 1-12-10 shall be kept in the office of the City Clerk, who shall be the custodian thereof. It shall be the duty of the City Clerk to affix the seal to all instruments hereinafter mentioned; provided, however, that any other person who shall have been specifically directed so to do by resolution of the City Council may affix the seal to any such instrument. (Prior code §1-902) Sec. 1-12-30. Use. The seal described in Section 1-12-10 shall be affixed to all transcripts, orders or certificates which it may be necessary or proper to authenticate under the provisions of the statute in such case made and other instruments requiring the seal of the City under any law of the State or any ordinance of the City. (Prior code §1-903) ---PAGE BREAK--- 1-6 ARTICLE 1-16 Wards and Precincts Sec. 1-16-10. Designated. The corporate area of the City shall be and the same is divided into four wards and four precincts with conterminous boundaries, bounded and described as follows: Ward One. Legal description attached to Ordinance No. 2100, 2011, as E x hibit A, a copy of which is on file in the City Clerk's office. Ward Two. Legal description attached to Ordinance No. 2100, 2011, as E x hibit B and incorporated herein by this reference. Ward Three. Legal description attached to Ordinance No. 2100, 2011, as E x hibit C and incorporated herein by this reference. Ward Four. Legal description attached to Ordinance No. 2100, 2011, as E x hibit D and incorporated herein by this reference. (Ord. 2100 2011) Sec. 1-16-20. Polling places designated. The City Council shall, in ample time to permit the City Clerk to give proper statutory notice of each municipal election that is not conducted as a coordinated election, designate by motion or resolution at a duly convened meeting of the City Council, the polling places for each municipal election within the above-described boundaries of each municipal election precinct. (Prior code §1-306; Ord. 747 §1(part), 1973; Ord. 1510 1997) ARTICLE 1-20 Right of Entry for Inspection Sec. 1-20-10. Applicability; notice required. Whenever necessary to enter upon any buil d ing, property or premises to enforce any of the provisions of this Code or the ordinances of the City, or whenever the City Manager or any other authorized official of the City, including me m bers of the Department of Public Works, Code Enforcement and the Police Department, shall have reasonable cause to believe that there exists in any building or upon any premises any cond i tion which constitutes a nuisance, any authorized official of the City may enter such building or premises at all reasonable times to inspect the same or to perform any duty imposed upon any of them. However, if such building or premises are occupied, such person shall first present proper credentials and demand entry; and if such building or premises are unoccupied, such pe r son shall first make a reasonable effort to locate the owner, occupant or other person having charge or control of the building or premises and, upon locating said owner, occupant or other person shall present proper credentials and d e mand entry. If entry is refused, such person shall give the owner or occupant, or if said owner or occupant ---PAGE BREAK--- 1-7 cannot be located after a reasonable effort, such person shall leave at the building or premises, a written notice of intention to enter upon said property after the expiration of twenty-four (24) hours or as provided by ordinance (Ord. 2038 2009) Sec. 1-20-20. Search warrant; determination of probable cause. For the purposes of this Article, a determination of probable cause will be based upon reasonableness, and if a valid public interest just i fies the intrusion contemplated, then there is probable cause to issue a warrant to enter upon such property to enforce the provision of this Cod. The person applying for such warrant shall not be required to demonstrate specific knowledge of the condition of the particular structure or premises in issue in order to obtain a warrant. It is unlawful for any owner or occupant of said building or premises to resist reasonable force used by any authorized official of the City acting pursuant to this Article. (Ord. 2038 2009) Sec. 1-20-30. Issuance and effect of search warrant. After the expiration of said twenty-four-hour period from giving or leaving of such notice, any authorized official of the City may appear before the Municipal Judge and, upon showing of pro b ably cause, shall obtain a warrant entitling him or her to enter said building or upon said pre m ises. Upon presentation of the warrant and proper credentials, or possession of the same in the case of an unoccupied building or premises, the person may enter into the building, property or upon the premises using such force as may be necessary to gain entry therein to enforce the provisions of this Code. (Ord. 2038 2009) Sec. 1-20-40. Issuance authority for search warrant. A Municipal Judge shall have power to issue warrants upon the showing of probably cause for the entry into the building, property or upon the premises as provided for in this Article. (Ord. 2038 2009) Sec. 1-20-50. Emergency situation defined. For the purposes of this Article, an emergency situation includes but is not limited to any situation where there is imminent danger of loss of life, limb or property. It is unlawful for any owner or occupant of a building or premises to resist reasonable force used by an authorized official of the City acting pursuant to this Article. (Ord. 850 §l(part), 1975) Sec. 1-20-60. Effect of emergency situation. Whenever an emergency situation exists in relation to the enforcement of any of the provisions of this Article, any authorized official of the City, upon a presentation of proper credentials or identification in the case of an occupied building or premises, or possession of said credentials in the case of an unoccupied building or premises, may enter into any building or upon any premises within the jurisdiction of the City. In emergency situations, such authorized official may use such reasonable force as may be necessary to gain entry into such building or upon such premises. (Ord. 850 §l(part), 1975; Ord. 1589, 1999) ---PAGE BREAK--- 1-8 Sec. 1-20-70. Refusal to permit inspections. No person, knowing that a police officer, fire official, code enforcement officer or any other City officer or employee is legally authorized to inspect property, shall: Refuse to produce or make available the property for inspection at a reasonable hour; or Refuse to permit the inspection at a reasonable hour if the property is available for inspection. For purposes of this Section, property means any real or personal property, including, without limitation, books, records and documents that are owned, possessed or otherwise subject to the control of the defendant. A legally authorized inspection means any lawful search, sampling, testing or other examination of property, in connection with the regulation of a specific business or occupation, that is authorized by an ordinance, statute or lawful regulatory provision regulating such business or occupation or by a search warrant. (Ord. 1932 2008) ARTICLE 1-24 General Penalty Sec. 1-24-10. Designated. Any person convicted of violating any ordinance section or Code section may be incarcerated for a period not to exceed one year or fined an amount not to exceed one thousand dollars ($1,000.00), or both (notwithstanding any lower maximums or limitations upon sentences that may be contained in any existing ordinance or Code section of the City and any such previous limitations are hereby rescinded and nullified), including convictions for violation of traffic offenses under the Model Traffic Code adopted by ordinance; except, in nontraffic cases any person who has not become eighteen (18) years of age as of the date of the violation shall not be subject to incarceration unless such incarceration is for failure to comply with a lawful order of the Court or for contempt of Court. The Court may also order convicted defendants to pay restitution to any victim or to the City for any amount of damages or expenses related to the violation. (Ord. 827 1975; Ord. 937 1977; Ord. 1444 1993; Ord. 1589, 1999) Sec. 1-24-20. Additional civil remedies. In addition to the penalties herein provided, any condition caused or permitted to exist in violation of any provision of any law or ordinance of the City shall be deemed a public nuisance and may be summarily abated as such, and each day that such condition continues shall be regarded as a new and separate violation. In addition, in any case of violation of any ordinance of the City and this Code and/or failure to comply with any requirement of any law or ordinance of the City, the City or any person affected by such violation or failure may, in addition to the penalties provided by law, initiate a civil action in the Municipal Court against the offending party and/or the parents of an offending minor for injunction, mandamus, abatement, recovery of damages or any other appropriate relief to recover restitution of damages, prevent, enjoin, abate, remove or eliminate such violation of any law or ordinance of the City. ---PAGE BREAK--- 1-9 The City, school district or other political subdivision of the state or any person, partnership, corporation, association or religious organization, whether incorporated or unincorporated, is entitled to recover damages in an amount not to exceed three thousand five hundred dollars ($3,500.00) in the Municipal Court from the parent or guardian of each minor under the age of eighteen (18) years, living with such parent or guardian, who maliciously or willfully damages or destroys property, real, personal or mixed, belonging to the City, school district or other political subdivision of the State, or to any such person, partnership, corporation, association or religious organization, or who maliciously or willfully damages or destroys any such property belonging to or used by such school district. The recovery shall be the actual damages in an amount not to exceed three thousand five hundred dollars ($3,500.00) in addition to court costs and reasonable attorney fees. Any person is entitled to recover damages in an amount not to exceed three thousand five hundred dollars ($3,500.00) in the Municipal Court from a parent or guardian of each minor under the age of eighteen (18) years, living with such parent or guardian, who knowingly causes bodily injury to that person, including bodily injury occurring on property belonging to or used by a school district. The recovery shall be the actual damages in an amount not to exceed three thousand five hundred dollars ($3,500.00) in addition to court costs and reasonable attorney fees. The procedure for bringing such action shall be as set fort in the Colorado Rules of Procedure for Small Claims Courts promulgated by the Colorado Supreme Court, provided that appeal shall be on the record to the District Court for Adams County. The filing fee shall be set in the Annual Fee Resolution of the City Council. (Ord. 2039 2009) Sec. 1-24-30. Restitution. In the event any violation of this Code involves injury to any person or destruction or damage to any property, the Municipal Court shall give consideration to suspension of all or part of any penalty for such violation with a corresponding condition that restitution shall be required of any person so convicted, and/or the parent or guardian or any minor defendant pursuant to Section 2-16-80 of this Code, as it may be amended, to be made to any victim of such destruction, damage or injury. Every order of conviction in the Municipal Court shall include consideration of restitution. Each such order shall include one or more of the following: a. An order of a specific amount of restitution to be paid by the defendant and/or the parent or guardian of a minor defendant pursuant to Section 2-16-80 of this Code, as it may be amended; b. An order that the defendant and/or the parent or guardian of a minor defendant are obligated to pay restitution, but that the specific amount of restitution shall be determined within the ninety (90) days immediately following the order of conviction, unless good cause is shown for extending the time period by which the restitution amount shall be determined; c. An order, in addition to or in place of a specific amount of restitution, that the defendant pay restitution covering the actual costs of specific future treatment of any victim of the crime; or d. Contain a specific finding that no victim of the crime suffered a pecuniary loss and therefore no order for the payment of restitution is being entered. ---PAGE BREAK--- 1-10 The Court shall base its order for restitution upon information presented to the Court by the prosecuting attorney, who shall compile such information through victim impact statements or other means to determine the amount of restitution and the identities of the victims. Further, the prosecuting attorney shall present this information to the Court prior to the order of conviction or within ninety (90) days, if it is not available prior to the order of conviction. The Court may extend this date if it finds that there are extenuating circumstances affecting the prosecuting attorney's ability to determine restitution. Any order for restitution may be: a. Increased if additional victims or additional losses not know to the judge or the prosecutor at the time the order of restitution was entered are later discovered and the final amount of restitution due has not been set by the Court; or b. Decreased: 1. With the consent of the prosecuting attorney and the victim or victims to whom the restitution is owed; or 2. If the defendant has otherwise compensated the victim or victims for the pecuniary losses suffered. a. Any order for restitution entered pursuant to this Section shall be a final civil judgment in favor of the City and/or any victim. Notwithstanding any other civil or criminal statute or rule, any such judgment shall remain in force until the restitution is paid in full. b. The entry of an order for restitution under this Section creates a lien by operation of law against the defendant's and/or parent's or guardian's personal property and any interest that the defendant may have in any personal property. c. Any order of restitution imposed shall be considered a debt for "willful and malicious" injury for purposes of exceptions to discharge in bankruptcy. d. If more than one defendant, including the parent or guardian of a minor defendant, owes restitution to the same victim for the same pecuniary loss, the orders for restitution shall be joint and several obligations of the defendants and/or parents. (Ord. 2039 2009; Ord. 2065 2010) Sec. 1-24-40. In-home detention. Any person who is convicted of violating any ordinance section or code section under the Model Traffic Code adopted by ordinance may be ordered to serve in-home detention as part of the requirement of a suspended sentence or probation. The in-home detention shall not exceed one hundred eighty (180) days and shall be monitored by a designee appointed by the Municipal Court. The Court shall order the costs associated with the in-home detention to be paid by the convicted person. Failure to comply with an in-home detention order on the part of an individual shall constitute contempt of the Municipal Court. (Ord. 1524, 1997; Ord. 1589, 1999) ---PAGE BREAK--- 1-11 ARTICLE 1-26 Administrative Subpoenas Sec. 1-26-10. General. Whenever the Charter, this Code, ordinances, regulations or other applicable law provides for an administrative or quasi-judicial hearing before the City Council, board, commission, authority, officer, employee or designated hearing officer, and no applicable ordinance, statute, court rule, regulation or policy either provides for or disallows the issuance of a subpoena, the Mayor, presiding officer of any body conducting the hearing or the hearing officer may issue subpoenas, enforceable in the Municipal Court, under Section 13-10-112(2), C.R.S., and Colorado Rules of Civil Procedure 107, to compel attendance of witnesses or production of evidence. All subpoenas issued under the terms of this Article may be served by any person over the age of eighteen (18) years, not an interested party in the matter. The witness fees for said subpoenas shall be the same as those for witnesses before the district court. The fees for subpoenas issued for and on behalf of the City shall be paid when the witness is excused from further attendance. When a witness is subpoenaed at the instance of any party or interested person to appear at a hearing or proceeding, the party requesting issuance of the subpoena shall secure the service of the subpoena and pay the cost of service and the witness fees upon service. A subpoena issued as provided herein shall be served in the same manner as a subpoena issued out of a court of record, and the proof of service shall be filed with the issuing official prior to the hearing for which the witness is subpoenaed. (Ord. 1895 2006) ARTICLE 1-27 Public Records Sec. 1-27-10. Purpose. The City Clerk, as the official custodian of the City's public records, receives and responds to public records requests and is responsible for the retention and protection of City records. While the City Clerk is the official custodian, the responsibility for maintenance of public records is distributed throughout the City organization, and not all records are available from the City Clerk's office. All possible efforts will be made to retrieve requested records from the files maintained by the City Clerk's office. If requested records, to the extent that they may exist, cannot be found in the City Clerk's office, the City Clerk's staff will direct the requestor to other City departments/individuals who may be in custody of the requested records. The following policies apply to public records maintained by the City Clerk as the official custodian of the City and other City departments/ individuals in possession and control of other City records. (Ord. 1942 2008) Sec. 1-27-20. Requests for records. The Colorado Open Records Act, found at Section 24-27-201, et seq., C.R.S., as it may be amended from time to time, specifies what records kept by the City are open to inspection by the public. Not all records are open for inspection. In addition, not all records are kept forever; the City Clerk has adopted a ---PAGE BREAK--- 1-12 schedule for retention and disposition of public records approved by the Colorado State Archivist. The following rules relate to such records and are promulgated hereby in accordance with the requirements of applicable law and by virtue of the authority of the City. (Ord. 1942 2008) Sec. 1-27-30. Rules and regulations. Requests for inspection of public records shall be made in writing, either prepared by the requestor or on a form provided by the City Clerk, which form is available at the City Clerk's office and on the City's website. Requests for information must be as specific as possible to assist in location and retrieval of records. Records are generally available for immediate public inspection in the City Clerk's office during normal working hours. Many times public records are in active use or in storage so that they are not immediately available for inspection or copying. Should that be the case, the City Clerk or other keeper of the record shall inform the requestor of this fact and the record shall be made available for inspection or copying at a reasonable time within three working days, unless the time is extended as provided in these rules and regulations. Requests for inspection of extensive public records or records stored off-site will be accommodated within three working days, provided that the time period for making records available for inspection may be extended for an additional seven working days if extenuating circumstances exist. Extenuating circumstances shall apply when: A broadly stated request is made that encompasses all or substantially all of a large category of records and the request is without sufficient specificity to allow the preparation or gathering of the records within the three-day period; or A broadly stated request is made that encompasses all or substantially all of a large category of records and the staff is unable to prepare or gather the records within the three-day period because the staff needs to devote all or substantially all of its resources to meeting an impending deadline or period of peak demand that is either unique or not predicted to recur more frequently than once a month; or A request involves such a large volume of records that staff cannot reasonably prepare or gather the records within the three-day period without substantially interfering with its obligation to perform other public service responsibilities. If the request for documents is so extensive or the preparation or gathering of the records is physically impossible within even seven working days, the City Clerk or keeper of the records shall advise the requestor of such extenuating circumstances, and the records shall be made available in a reasonably prompt time. Unless otherwise permitted in writing, the records shall be inspected and copied in the City Clerk's office or in the office of the keeper of the record. The public may not be allowed to use directly either its own data processing equipment or the equipment in the office of the City Clerk or keeper of the records in inspecting or copying public records, but the necessary manual or electronic functions necessary to extract, collate, organize, retrieve, copy or otherwise manipulate the records and data necessary to produce the record or call for its inspection shall be performed by the City Clerk or keeper of the records, using the data processing and other equipment of the City. ---PAGE BREAK--- 1-13 The City Clerk or the keeper of the records may, in the sole discretion of the City Clerk or the keeper of the record, require that an employee of the City be present during the inspection of public records, and the cost thereof shall be determined in accordance with the research and retrieval fees set forth below. The City Clerk's office does not have the ability to make copies of large format documents (maps, plats, site plans, etc.); therefore, such request will be referred to the Community Development Department. The City Clerk's office does not provide research services. A reasonable effort will be made to retrieve records which will assist an individual with a research project or in the determination of records to be requested. Data and/or records will be provided only in the format they currently exist. Data will not be manipulated and provided in custom formats. To the extent possible, and within the technical knowledge/limitations of the City Clerk's office or the office of the keeper of the records, electronic data will be provided pursuant to the fees established below. The City Clerk's office will not create verbatim transcripts upon request. (Ord. 1942 2008) Sec. 1-27-40. Fees and charges. State statutes and the ordinances, resolutions and regulations of the City require prepayment of fees and charges for the production or copying of certain public records, and the need exists to protect and prevent the disclosure of such records without the proper fees and charges being assessed or collected. The fees and charges set forth herein shall apply, except as may be revised or otherwise adopted in the City Council's Annual Fee Resolution. Copies shall be available upon the prepayment of the fees and charges set forth below. The City Clerk may require and collect a fifty-percent advance deposit of estimated fees and charges for research, retrieval, redaction and copying of public records that will take significant staff time and resources to complete. Copying charges. There is no charge to inspect public records on site. Copying charges will be as follows: (All charges in excess of the standard page rate of twenty -five cents ($0.25) per page must be based on actual costs. The following charges were taken from the 2007 Annual Fee Resolution for the Department of Community Development.) Black & white: 8½" x 11" or 8½" x 14" $0.25 per page 11" x 17" 0.75 per page ---PAGE BREAK--- 1-14 18" x 24" 2.00 per page 24" x 36" or 22" x 34" 3.00 per page 36" x 48" 5.00 per page Color: 8½" x 11" or 8½" x 14" $1.00 per page 11" x 17" 1.50 per page Color maps: 8½" x 11" or 8½" x 14" $ 3.00 each 11" x 17" 5.00 each 18" x 24" 12.00 each 24" x 36" or 22" x 34" 15.00 each 36" x 48" or larger 20.00 each Certification charges: One certification of a document $2.00/document Certification of each page of a document 2.00/page Subsequent requests for the same or similar records shall be charged the same fees and charges as the original request. Copying charges for records retrieved from off-site storage will be the same as those for on- site records. Electronic copies. Information available in electronic format, such as databases, may be copied pursuant to the following charges: Diskette $ 8.00 CD-Rom 10.00 Audiotape 35.00 Records at no charge. a. Copies of individual items on the Council agenda are provided at no charge if requested prior to the Council meeting. Normal charges apply for copies made after the Council meeting. b. Copies of records relating to an upcoming municipal election will be provided at no charge. Copies of records relating to past elections will be charged at the normal rate. ---PAGE BREAK--- 1-15 Research and retrieval fees. The fees and charges for requests by citizens for information or public records that require research, retrieval, redaction, copying or other extraordinary attention by the City Clerk or staff will be assessed according to the following schedule: a. When such requests for information or public records require research, retrieval, redaction, copying or other extraordinary attention that takes longer than thirty (30) minutes or requires retrieval of files from storage or off-site, the following fees and charges shall be imposed: By the City's clerical or support staff: twenty dollars ($20.00) per hour. (ii) By the City's supervisory and management staff: forty-five dollars ($45.00) per hour. (iii) The actual cost for research, retrieval, redaction, copying or other extraordinary attention to information and/or records by all other persons or entities charged at no less than twenty dollars ($20.00) per hour. (Ord. 1942 2008; Ord. 2066 2010)