Full Text
1 HOME RULE CHARTER AND CODE OF THE CITY OF BRIGHTON, COLORADO 1999 Published by COLORADO CODE PUBLISHING COMPANY 323 West Drake Road, Suite 200 Fort Collins, CO 80526 [PHONE REDACTED] ♦ [PHONE REDACTED] [EMAIL REDACTED] ♦ www.colocode.com ---PAGE BREAK--- OFFICIALS of the CITY OF BRIGHTON Mayor Richard N. McLean Mayor Pro Tem Wayne Scott City Council Lynn Baca Rex Bell J.W. Edwards A. Martinez Chris Maslanik Wilma Rose Kirby Wallin City Manager Manuel Esquibel City Clerk Natalie Hoel City Attorney Margaret Brubaker ---PAGE BREAK--- 3 Supplement No. 12 BRIGHTON MUNICIPAL CODE Supplementation Instructions This supplement contains all ordinances deemed advisable to be included at this time through Ordinance No. 2140-2012, adopted September 4, 2012. Remove old pages Insert new pages Title page Title page M-iii M-iii M-xvii—M-xx M-xvii—M-xx 2-26a 2-26a, 2-26b 3-1, 3-2 3-1, 3-2 3-16a—3-18 3-16a—3-18a 5-1, 5-2 5-1—5-2a 5-9—5-16 5-9—5-16c 9-3 9-3, 9-4 9-19—9-28 9-19—9-28b 10-6c—10-10 * 10-7—10-10c 16-22a—16-33 * 16-23—16-61 T-37—T-103 T-37—T-103 I-1, I-2 I-1—I-2a I-7—I-12 I-7—I-12 I-15—I-38 I-15—I-39 Insert this instruction sheet behind the Supplementation Tab in the front of the volume. File r e moved sheets for future reference. COLORADO CODE PUBLISHING COMPANY Fort Collins, Colorado August 2013 ---PAGE BREAK--- Supplement No. 11 BRIGHTON MUNICIPAL CODE Supplementation Instructions This supplement contains all ordinances deemed advisable to be included at this time through Ordinance No. 2132-2012, adopted March 20, 2012. Remove old pages Insert new pages iii iii vii, viii vii, viii C-iii—C-v C-iii—C-v C-1—C-12 C-1—C-12b C-19—C-21 C-19—C-21 CI-1—CI-3 CI-1—CI-3 M-xxi, M-xxii M-xxi, M-xxii 2-26a 2-26a 9-1—9-3 9-1—9-3 9-26a—9-30 * 9-27—9-30b 10-6c, 10-6d 10-6c, 10-6d 13-7, 13-8 13-7, 13-8 15-1—15-3 15-1—15-3 15-7—15-8a 15-7—15-8a 15-37, 15-38 15-37, 15-38 15-49 15-49, 15-50 T-39—T-103 T-39—T-103 I-3—I-6 I-3—I-6a I-9, I-10 I-9, I-10 I-15—I-18 I-15—I-18 I-23—I-28 I-23—I-28 I-35—I-38 I-35—I-38 Insert this instruction sheet behind the Supplementation Tab in the front of the volume. File r e moved sheets for future reference. COLORADO CODE PUBLISHING COMPANY Fort Collins, Colorado June 2012 ---PAGE BREAK--- 5 Supplement No. 10 BRIGHTON MUNICIPAL CODE Supplementation Instructions This supplement contains all ordinances deemed advisable to be included at this time through Ordinance No. 2125-2011, adopted December 20, 2011. Remove old pages Insert new pages vii, viii vii, viii M-xvii—M-xxii M-xvii—M-xxii 1-3—1-6 1-3—1-6 2-14a, 2-14b 2-14a, 2-14b [Do not remove 2-14c—2-14f] 2-15—2-20 2-15—2-20 2-29—2-32 2-29—2-32 3-1—3-6 3-1—3-6 3-25, 3-26 3-25, 3-26 3-43, 3-44 3-43, 3-44 3-57, 3-58 3-57, 3-58 3-61, 3-62 3-61, 3-62 3-71 3-71—3-78 5-3—5-8 5-3—5-8 5-37—5-52 5-37—5-52b 5-59—5-62 5-59—5-62 5-67, 5-68 5-67, 5-68 8-3, 8-4 8-3, 8-4 8-35—8-38a 8-35—8-38a 9-3 9-3 9-25, 9-26 9-25—9-26a 10-1—10-6 10-1—10-6d 12-1, 12-2 12-1, 12-2 12-5, 12-6 12-5, 12-6 12-17—12-22 12-17—12-22 13-1—13-3 13-1—13-3 13-10c—13-12 13-10c—13-12 13-17—13-40 13-17—13-54 Divider tab—14-35 Divider tab—14-35 T-37—T-102 T-37—T-103 ---PAGE BREAK--- I-1, I-2 I-1, I-2 I-7—I-35 I-7—I-38 Insert this instruction sheet behind the Supplementation Tab in the front of the volume. File r e moved sheets for future reference. COLORADO CODE PUBLISHING COMPANY Fort Collins, Colorado April 2012 ---PAGE BREAK--- 7 Supplement No. 9 BRIGHTON MUNICIPAL CODE Supplementation Instructions This Supplement contains all ordinances deemed advisable to be included at this time through Ordinance No. 2082, adopted December 14, 2010. Remove old pages Insert new pages M-xxi, M-xxii M-xxi, M-xxii 1-5, 1-6 1-5, 1-6 1-8a—1-12* 1-9—1-13 2-1, 2-2 2-1, 2-2 2-8c—2-14 2-8c—2-14 2-14e 2-14e, 2-14f 2-19—2-24 2-19—2-24 2-39—2-43 2-39—2-44 3-1, 3-2 3-1, 3-2 3-14a, 3-14b 3-14a—3-14c 3-15, 16 3-15, 16 5-1—5-4 5-1—5-4 5-10a, 5-10b 5-10a, 5-10b 5-37, 5-38 5-37—5-38a 5-87, 5-88 5-87, 5-88 8-35—8-38 8-35—8-38a 9-1, 9-2 9-1, 9-2 9-14c—9-16 9-14c—9-16 13-33, 13-34 13-33—13-34a 15-1—15-8 15-1—15-8a 15-13—15-36 15-13—15-36 15-43—15-47 15-43—15-49 16-19, 16-20 16-19, 16-20 T-35—T-102 T-35—T-102 I-3, I-4 I-3, I-4 I-9—I-16 I-9—I-16a I-19—I-24 I-19—I-24 Insert this instruction sheet behind the Supplementation Tab in the front of the volume. File removed sheets for future reference. COLORADO CODE PUBLISHING COMPANY Fort Collins, Colorado May 2011 ---PAGE BREAK--- Supplement No. 8 BRIGHTON MUNICIPAL CODE Supplementation Instructions This Supplement contains all ordinances deemed advisable to be included at this time through Ordinance No. 2039, adopted October 20, 2009. Remove old pages Insert new pages Title page, iii Title Page, iii M-iii M-iii M-xvii—M-xxii M-xvii—M-xxii 1-5—1-8 1-5—1-8b 2-3, 2-4 2-3, 2-4 2-8a—2-8c 2-8a—2-8d 2-13, 2-14 2-13, 2-14 2-25, 2-26 2-25—2-26a 3-1, 3-2 3-1, 3-2 3-11—3-12b 3-11—3-12b 5-1, 5-2 5-1, 5-2 5-10a—12 5-10a—5-12b 8-3, 8-4 8-3, 8-4 8-21—8-26 8-21—8-26 9-1—9-3 9-1—9-3 9-6a, 9-6b 9-6a, 9-6b 9-13—9-16 9-12a—9-16 10-1, 10-2 10-1, 10-2 10-4c—10-13* 10-5—10-22 13-1—13-12 13-1—13-12 13-15—13-22 13-15—13-22a 13-31-13-36 13-31—13-36a 16-3, 16-4* 16-3 16-24g—16-52* 16-25—16-48 T-101—T-102 T-37—T-102 I-1—I-24 I-1—I-24a I-31—I-35 I-31—I-35 Insert this instruction sheet behind the Supplementation Tab in the front of the volume. File removed sheets for future reference. COLORADO CODE PUBLISHING COMPANY Fort Collins, Colorado January 2011 ---PAGE BREAK--- 9 Supplement No. 7 BRIGHTON MUNICIPAL CODE Supplementation Instructions This Supplement contains all ordinances deemed advisable to be included at this time through Ordinance No. 1963, adopted October 21, 2008. Remove old pages Insert new pages iii iii C-iii, C-iv C-iii, C-iv C-1, C-2 C-1—C-2a CI-1, CI-2 CI-1, CI-2 M-xvii—M-xxii M-xvii—M-xxii 1-1 1-1 1-7, 1-8 1-7—1-12 2-1—2-5 2-1—2-5 2-8a—2-10 2-8a—2-10 2-20a—2-26* 2-21—2-26 9-1, 9-2 9-1, 9-2 9-5—9-6a 9-5—9-6b 9-10a—9-14* 9-11—9-14a 10-1, 10-2 10-1, 10-2 10-4c, 10-4d 10-4c—10-4e 10-11 10-11—10-13 14-1, 14-2 14-1, 14-2 14-27 14-27—14-35 T-35—T-102 T-35—T-102 I-1, I-2 I-1, I-2 I-5—I-8 I-5—I-8 I-11, I-12 I-11, I-12 I-14a I-14a I-19—I-30 I-19—I-30 I-33—I-35 I-33—I-35 Insert this instruction sheet behind the Supplementation Tab in the front of the volume. File removed sheets for future reference. COLORADO CODE PUBLISHING COMPANY Fort Collins, Colorado March 2010 ---PAGE BREAK--- Supplement No. 6 BRIGHTON MUNICIPAL CODE Supplementation Instructions This Supplement contains all ordinances deemed advisable to be included at this time through Ordinance No. 1929, adopted December 18, 2007. Remove old pages Insert new pages iii iii M-xvii—M-xxii M-xvii—M-xxii 1-1 1-1 1-5, 1-6 1-5, 1-6 Appx 1-1—Appx 1-6* 2-5 2-5 2-25, 2-26 2-25, 2-26 2-29—2-34 2-29—2-34 2-39, 2-40 2-39—2-43 3-1—3-3 3-1—3-3 3-31—3-34 3-31—3-34a 3-66a—3-70* 3-67—3-71 12-1—12-2b 12-1—12-2b 12-9—12-14 12-9—12-14f 13-1—13-3 13-1—13-3 13-7—13-14b 13-7—13-14b 13-19, 13-20 13-19, 13-20 13-31—13-41* 13-31—13-40 16-3, 16-4 16-3, 16-4 16-24i—16-35* 16-25—16-52 T-33—T-102 T33—T-102 I-1—I-14a I-1—I-14a I-23—I-32 I-23—I-35 Insert this instruction sheet behind the Supplementation Tab in the front of the volume. File removed sheets for future reference. COLORADO CODE PUBLISHING COMPANY Fort Collins, Colorado December 2008 ---PAGE BREAK--- 11 Supplement No. 5 BRIGHTON MUNICIPAL CODE Supplementation Instructions This Supplement contains all ordinances deemed advisable to be included at this time through Ordinance No. 1905, adopted December 19, 2006. Remove old pages Insert new pages iii iii M-xvii—M-xxii M-xvii—M-xxii 1-1 1-1 1-5—1-10* 1-5—1-8 2-1, 2-2 2-1—2-2a 2-7—2-14a 2-7—2-14e 2-19—2-20c 2-19—2-20c 3-1—3-3 3-1—3-3 3-7—3-14b 3-7—3-14b 3-47—3-50 3-47—3-50 3-55—3-66 3-55—3-66b 6-3—6-6 6-3—6-6 8-1—8-6 8-1—8-6a 8-35—8-37 8-35—8-42 9-1, 9-2 9-1, 9-2 9-5, 9-6 9-5—9-6a 9-9, 9-10 9-9, 9-10 12-1, 12-2 12-1—12-2b 12-13, 12-14 12-13—12-44 13-1—13-3 13-1—13-3 13-9—13-12b 13-9—13-12c 13-35—13-40 13-35—13-41 — Chapter 14 tab — 14-1—14-27 T-33—T-102 T-33—T-102 I-1, I-2 I-1, I-2 I-5—I-14 I-5—I-14a I-17—I-26 I-17—I-26b I-29—I-32 I-29—I-32 Insert this instruction sheet behind the Supplementation Tab in the front of the volume. File removed sheets for future reference. COLORADO CODE PUBLISHING COMPANY Fort Collins, Colorado October 2007 ---PAGE BREAK--- Supplement No. 4 BRIGHTON MUNICIPAL CODE Supplementation Instructions This Supplement contains all ordinances deemed advisable to be included at this time through Ordinance No. 1864, adopted December 20, 2005. Remove old pages Insert new pages Title page, iii Title page, iii M-iii M-iii M-xvii—M-xxi M-xvii—M-xxii 1-1 1-1 1-5—1-8* 1-5, 1-6 Insert after Page 1-10: Appx 1-1—Appx 1-6 2-1—2-8 2-1—2-8 2-11—2-14a 2-11—2-14a 2-19, 2-20 2-19—2-20c 2-29—2-32 2-29—2-32a 5-1, 5-2 5-1, 5-2 5-7—5-10 5-7—5-10a 5-21, 5-22 5-21, 5-22 5-27, 5-28 5-27, 5-28 5-87, 5-88 5-87—5-92 8-27—8-30 8-27—8-30 9-1—9-3 9-1—9-3 9-7—9-10 9-7—9-10a 9-21, 9-22 9-21—9-22b 9-29 9-29—9-33 10-1—10-4 10-1—10-4d 15-1—15-50* 15-1—15-47 16-3 16-3, 16-4 16-21—16-24 16-21—16-24i T-33—T-102 T-33—T-102 I-1—I-27 I-1—I-32 Insert this instruction sheet behind the Supplementation Tab in the front of the volume. File removed sheets for future reference. COLORADO CODE PUBLISHING COMPANY Fort Collins, Colorado October 2006 ---PAGE BREAK--- 13 Supplement No. 3 BRIGHTON MUNICIPAL CODE Supplementation Instructions This Supplement contains all ordinances deemed advisable to be included at this time through Ordinance No. 1811, adopted June 1, 2004. Remove old pages Insert new pages iii iii M-xvii—M-xx M-xvii—M-xx 1-9, 1-10 1-9, 1-10 2-3, 2-4 2-3—2-5 2-9, 2-10 2-9, 2-10 2-29, 2-30 2-29, 2-30 2-37 2-37—2-40 8-3 8-3 8-35 8-35—8-37 9-1—9-3 9-1—9-3 9-14a—9-16* 9-15—9-16b 9-27—9-29 9-27—9-29 10-1, 10-2 10-1, 10-2 10-5—10-8 10-5—10-8b 13-9—13-12a 13-9—13-12b 13-33—13-36 13-33—13-36 T-33—T-102 T-33—T-102 I-1, I-2 I-1—I-2a I-7, I-8 I-7, I-8 I-11—I-18 I-11—I-18a I-25—I-27 I-25—I-27 Insert this instruction sheet behind the Supplementation Tab in the front of the volume. File removed sheets for future reference. COLORADO CODE PUBLISHING COMPANY Fort Collins, Colorado August 2004 ---PAGE BREAK--- Supplement No. 2 BRIGHTON MUNICIPAL CODE Supplementation Instructions This Supplement contains all ordinances deemed advisable to be included at this time through Ordinance No. 1769, adopted February 18, 2003. Remove old pages Insert new pages C-3, C-4 C-3, C-4 M-xvii, M-xviii M-xvii, M-xviii 3-1—3-3 3-1—3-3 3-7, 3-8 3-7—3-8c 3-17—3-25 3-17—3-70 5-3, 5-4 5-3, 5-4 5-33—5-38 5-33—5-38 5-73, 5-74 5-73, 5-74 12-1—12-4 12-1—12-4a 12-11, 12-12 12-11, 12-12 13-1—13-12 13-1—13-12a 13-17—13-32 13-17—13-40 T-31—T-102 T-31—T-102 I-5, I-6 I-5, I-6 I-9, I-10 I-9, I-10 I-13—I-16 I-13—I-16 I-19—I-22 I-19—I-22 I-25—I-27 I-25—I-27 Insert this instruction sheet behind the Supplementation Tab in the front of the volume. File removed sheets for future reference. COLORADO CODE PUBLISHING COMPANY Fort Collins, Colorado June 2003 ---PAGE BREAK--- 15 Supplement No. 1 BRIGHTON MUNICIPAL CODE Supplementation Instructions This Supplement contains all ordinances deemed advisable to be included at this time through Ordinance No. 1727, adopted December 18, 2001. Remove old pages Insert new pages Title page Title page iii iii vii—xxv vii—M-xxi (includes Charter & 3 tabs) 1-5—1-9 1-5—1-10 2-1—2-14 2-1—2-14a 2-27—2-51* 2-27—2-37 3-1, 3-2 3-1, 3-2 3-5—3-18 3-5—3-18b 5-9, 5-10 5-9, 5-10 5-13, 5-14 5-13, 5-14 5-51, 5-52 5-51, 5-52 5-63—5-68 5-63—5-68a 6-1—6-11 6-1–6-18 9-9—9-14 9-9—9-14a 13-1—13-14 13-1—13-14b 13-19, 13-20 13-19, 13-20 13-25—13-29 13-25—13-32 16-1—16-3 16-1—16-3 16-7, 16-8 16-7—16-8a 16-31–16-34 16-31—16-35 T-31—T-102 T-31—T-102 I-1—I-26 I-1—I-27 Insert this instruction sheet behind the Supplementation Tab in the front of the volume. File removed sheets for future reference. COLORADO CODE PUBLISHING COMPANY Fort Collins, Colorado February 2002 ---PAGE BREAK--- SUPPLEMENTATION Supplements to this Code provide periodic updating through the removal and replacement of pages. This inter-leaf supplementation system requires that each page which is to be removed and replaced is identified so that the updating may be accurately accomplished and historically maintained. Instructions for supplementation are provided for each supplement, identified by Supplement date and inclusive ordinance numbers. The Instructions for posting the removal and replacement of pages must be followed and accomplished in sequence, with the most recent supplementation posted last. When supplementation is completed and the removal and replacement of all pages are accomplished, the Instructions should be placed under the Supplementation tab, behind this page, with the most recent Instruction sheet on top. Previous Instructions should not be removed, so that the user may refer to this tab section to verify whether the code book is fully updated with all supplements included. The maintenance of a Municipal Code with all supplementation is an important activity which d e serves close attention so that the value of the code is maintained as a fully comprehensive compilation of the legislative ordinances of the municipality. AMENDMENTS Amendments may be made to the Code by additions, revisions or deletions therefrom. Those changes may be made as follows: Additions: Additions may be made by ordinance to the Code as follows: The "Brighton Municipal Code" is amended by the addition thereto of a new Section 9.02.010, which is to read as follows: (Set out full section number, title and contents) or if the location of the new section number or numbers is undetermined, the Code may be amended as follows: The "Brighton Municipal Code" is amended by the addition of the following: (Set out section title and contents) Revisions: A revision of the Code may be accomplished as follows: Section 9.02.010 of the "Brighton Municipal Code" is repealed in its entirety and readopted to read as follows: (Set out section number, title and entire contents of the readopted code section) or as follows: Section 9.02.010 of the "Brighton Municipal Code" is amended to read as follows: (Set out section number, title and entire contents of the amended code section) Repeal: Sections, articles and chapters may be repealed as follows: Section 9.02.010 of the "Brighton Municipal Code" is repealed in its entirety. COLORADO CODE PUBLISHING COMPANY ---PAGE BREAK--- 17 CITY OF BRIGHTON MASTER TABLE OF CONTENTS MASTER TITLE PAGE i OFFICIALS OF THE CITY iii SUPPLEMENTATION v MASTER TABLE OF CONTENTS vii CHARTER TITLE PAGE C-i CHARTER TABLE OF CONTENTS C-iii CHARTER C-1 Article I Name & Boundaries Article II Municipal Powers Article III Elections Article IV City Council Article V Council Procedures Article VI Initiative, Referendum, and Recall Article VII Administration Article VIII Legal and Judiciary Article IX Boards and Commissions Article X Finance and Budget Article XI Municipal Borrowing Article XII Municipal Taxation Article XIII Municipal Investments Article XIV City-Owned Utilities Article XV Franchises and Permits Article XVI Special Districts Article XVII Miscellaneous Provisions Article XVIII Transitional Provisions Article XIX Definitions CHARTER INDEX CI-1 CODE TITLE PAGE M-i PREFACE M-iii ADOPTING ORDINANCE M-v CODE TABLE OF CONTENTS M-xvii Chapter 1 General Provisions Chapter 2 Administration and Personnel Chapter 3 Revenue and Finance Chapter 4 Reserved Chapter 5 Business Licenses, Regulations and Occupations Chapter 6 Animals Chapter 7 Reserved ---PAGE BREAK--- Chapter 8 Health and Safety Chapter 9 Public Peace, Morals and Welfare Chapter 10 Vehicles and Traffic Chapter 11 Reserved Chapter 12 Streets, Sidewalks and Public Places Chapter 13 Water and Sewer Chapter 14 Storm Drainage Chapter 15 Buildings and Construction Chapter 16 Subdivisions TABLES Code Comparison Table T-1 Ordinance Disposition Table T-21 Table of Up-to-Date Pages T-101 CODE INDEX I-1 ---PAGE BREAK--- 19 CODE OF THE CITY OF BRIGHTON, COLORADO 1999 Colorado Code Publishing Company Fort Collins, Colorado ---PAGE BREAK--- PREFACE The City of Brighton, a home rule city, 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 three-place section numbering system places the chapter number first, followed by the article number and section number, separated by hyphens. Each section may be cited by the chapter, article and section number which are in sequence within each chapter. The open chapter and page numbering system creates reserved chapter and page numbers for expan sion or revision of the code without undue complication when changes are made to the code by sup plementation. 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. 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 within 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. COLORADO CODE PUBLISHING COMPANY 323 West Drake Road, Suite 200 Fort Collins, CO 80526 [PHONE REDACTED] ♦ [PHONE REDACTED] [EMAIL REDACTED] ♦ www.colocode.com ---PAGE BREAK--- 21 CITY OF BRIGHTON, COLORADO ORDINANCE NO. 1589 AN ORDINANCE OF THE CITY OF BRIGHTON, COLORADO, ADOPTING BY REFERENCE AND ENACTING THE REPUBLISHED MUNICIPAL CODE FOR THE CITY OF BRIGHTON; PROVIDING FO R THE REPEAL OF CERTAIN ORDINANCES NOT INCLUDED THEREIN; PROVIDING FOR THE ADOPTION OF SECONDARY CODES BY REFERENCE; 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 City Council of the City of Brighton, Colorado: Section 1. The primary code entitled the Brighton Municipal Code published by Colorado Code Publishing Company, consisting of Chapters 1 through 16, is adopted. Section 2. All ordinances of a general and permanent nature enacted on or before the adoption date of this Ordinance, which are inconsistent with the provisions of the Brighton Municipal Code, to the extent of such inconsistency, are hereby repealed. Section 3. 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 4. The following secondary codes were previously adopted by reference and incorporated in the Brighton Municipal Code. One copy is on file in the City Clerk's office: The Model Traffic Code for Colorado Municipalities , 1995 edition, published by the Colorado Department of Transportation, as adopted and amended in Section 10-4-20 et seq.; The Uniform Building Code , 1997 edition, including the Uniform Building Code Appendix and the Uniform Building Code Standards , published by the International Conference of Building Officials, as adopted and amended in Section 15-4-10 et seq.; The Uniform Building Conservation Code , 1997 edition, published by the International Conference of Building Officials, as adopted and amended in Section 15-6-10 et seq.; The Uniform Code for the Abatement of Dangerous Buildings , 1997 edition, published by the International Conference of Building Officials, as adopted and amended in Section 15-8-10 et seq.; The National Electrical Code , 1996 edition, published by the National Fire Protection Association, as adopted and amended in Section 15-12-10 et seq.; The Uniform Fire Code , 1997 edition, published by the International Fire Code Institute, as adopted and amended in Section 15-20-10 et seq. The Uniform Housing Code , 1997 edition, published by the International Conference of Building Officials, as adopted and amended in Section 15-28-10 et seq. ---PAGE BREAK--- The Uniform Mechanical Code , 1997 edition, published by the International Conference of Building Officials, as adopted and amended in Section 15-32-10 et seq.; The Uniform Plumbing Code , 1997 edition, and the International Association of Plumbing and Mechanical Officials Installation Standards , published by the International Association of Plumbing and Mechanical Officials, as adopted and amended in Section 15-36-10 et seq.; (10) The Colorado Model Energy Efficiency Construction and Renovation Standards for Non- Residential Buildings, Second Edition, published in 1977 and as amended in 1979, by the Board of Energy Efficiency Non-Residential Building Standards, as adopted and amended in Section 15-42-10 et seq.; (11) The Colorado Recommended Energy Conservation Performance Code for New Construction and Renovation of Residential Buildings, Second Edition , adopted in 1977 and as amended in 1979, by the Colorado State Housing Board, as adopted and amended in Section 15-46- 10 et seq.; and (12) The Uniform Building Security Code , 1997 edition, published by the International Conference of Building Officials, as adopted and amended in Section 15-50-10 et seq. Section 5. The penalties provided by the Brighton Municipal Code are hereby adopted as follows: Sec. 1-24-10. Designated. (Article 1-24, General Penalty) 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. Sec. 1-24-30. Restitution. (Article 1-24, General Penalty) 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, to be made to any victim of such destruction, damage or injury. Sec. 1-24-40. In-home detention. (Article 1-24, General Penalty) 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. ---PAGE BREAK--- 23 Sec. 2-16-80. Failure of parent to obey court orders. (Article 2-16, Municipal Court) As punishment for a violation of these Subsections, the Court may impose a fine on the juvenile and/or parent, guardian or legal custodian of up to one thousand dollars ($1,000.00) and/or incarceration up to one year on the parent, guardian or legal custodian. Sec. 3-36-80. Violation; penalty. (Article 3-36, Telephone Utility Company Occu pation Tax) It is unlawful for any person to violate any provision or fail to comply with any of the requirements of this Article. Any person who violates any of the provisions of this Article shall be punishable by a fine of not more than three hundred dollars ($300.00) or by imprisonment for a period of not more than ninety (90) days 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 Article is committed, continued or permitted by such person and shall be punished accordingly. Sec. 5-44-140. Violation; penalty. (Article 5-44, Pawnbrokers) Any person violating any of the provisions of this Article upon conviction shall be punishable as provided in Article 1-24 of this Code. It is intended that this penalty shall apply to all vio lations of this Article except the felony viola tions specified in Section 12-56-104, C.R.S. (Ord. 1323 1989; Ord. 1582, 1999) Sec. 5-94-40. Violations and penalties. (Article 5-94, Sexually Oriented Businesses) Penalties. Any violation of Subsections a, b, c and d of this Section shall be punishable by a fine in a minimum amount of two hundred fifty dollars ($250.00) and a maximum amount of one thousand dollars ($1,000.00), plus all applicable court costs. Any violation of Subsections e or f of this Section shall be punishable by a maximum penalty. Each day a violation occurs shall be considered a separate and distinct offense. Sec. 6-4-181. Penalty for owning or maintaining vicious animals. (Article 6-4, Animal Regulations) Any owner or possessor of a vicious animal who violates the provisions of Section 6-4- 170 above upon conviction thereof shall be punished as follows: For the first offense, a fine of not less than one hundred dollars ($100.00) nor more than three hundred dollars ($300.00) or imprisonment for a term not exceeding ninety (90) days or by both such fine and imprisonment, which shall be imposed only after a mandatory court appearance; For the second offense, a fine of not less than two hundred dollars ($200.00) nor more than three hundred dollars ($300.00) or imprisonment for a term not exceeding ninety (90) days or by both such fine and imprisonment, which shall be imposed only after a ---PAGE BREAK--- mandatory court appearance; and For the third offense, a fine of not less than three hundred dollars ($300.00) or imprisonment for a term not exceeding ninety (90) days, or by both such fine and imprisonment which shall be imposed only after a mandatory court appearance. The Court shall have no discretion to suspend all or any portion of the minimum fines provided for in this Section. Sec. 8-8-280. Violation; penalty. (Article 8-8, Vegetation, Rubbish and Junk Control) Any person found guilty of violating any provisions of this Division, upon conviction thereof, is punishable as is provided in Article 1-24 of this Code. (10) Sec. 8-12-70. Violation; penalty. (Article 8-12, Garbage Collection) Any person found in violation of Section 8-12-60 is punishable as provided in Article 1-24 of this Code. (11) Sec. 8-16-90. Maintaining a violation after repeated notice. (Article 8-16, Littering and Obstruction) It is unlawful and a public nuisance for any person to own, maintain, manage or control property in connection with which a designated representative of the City has issued a written notice for violation of any part of Article 8-08, 8-12 or 8-16 or Section 12-8-10(a) of this Code three times or more within a twelve-month period. Notices may be but need not be for the same type of violation in order to constitute a nuisance. Such a nuisance is a separate and distinct offense for which the violator may be charged in addition to any other charges, or remedies available to the City for the abatement of a nuisance. Any person, corporation or other entity found guilty or pleading guilty or nolo contendere to violating any provisions of this title shall be punishable by a fine of not more than three hundred dollars ($300.00) or incarceration of not more than ninety (90) days in jail, or both. No written or verbal notice or warning of violation shall be required prior to a criminal prosecution for violation of this Chapter, and such prosecution may occur regardless of whether nuisance abatement procedures are or are not commenced. (12) Sec. 9-4-100. Contempt of court; penalty. (Article 9-4, Government and Public Officers) It is unlawful for any person to be in contempt of the Municipal Court or to fail to obey a lawful notice to appear before the Municipal Court, and any person found by the Municipal Court to be in violation of this Section shall be punished by a fine of not more than three hundred dollars ($300.00), or by imprisonment not to exceed ninety (90) days, or by both such fine and imprisonment. (13) Sec. 9-4-130. Violation; penalty. (Article 9-4, Government and Public Officers) Any person found guilty of violating Sections 9-4-20 through 9-4-50, 9-4-80 and 9-4-90 of this Article shall be punished by a fine of not more than three hundred dollars ($300.00) or by imprisonment not to exceed ninety (90) days or by both such fine and imprisonment. ---PAGE BREAK--- 25 (14) Sec. 9-12-20. Violation and penalty for trespass. (Article 9-12, Public, Private and Personal Property) A person who is found guilty or enters a plea of guilty or nolo contendere to violating Section 9-12-10 shall be punished as follows: For the first offense, a fine of not less than twenty-five dollars ($25.00) nor more than three hundred dollars ($300.00); For the second offense committed within five years of a first offense, a fine of not less than fifty dollars ($50.00) nor more than three hundred dollars ($300.00); For the third and all subsequent offenses committed within five years of the first offense, a minimum penalty of a three-hundred-dollar fine. The minimum fines imposed by this Section shall be mandatory and the Court shall not suspend a fine, in whole or in part. (15) Sec. 9-12-130. Penalties regarding graffiti. (Article 9-12, Public, Private and Personal Property) Persons convicted of violation of Section 9-12-120 shall be subject to the penalties provided by this Code and twenty-four (24) hours of community service for each offense. The community service shall be dedicated exclusively to the removal of graffiti. If there is no graffiti in the City to be removed at time of sentencing, another form of useful community service may be substituted for graffiti removal. The Court shall impose the maximum fine allowed by this Code and at least forty-eight (48) hours of community service, in addition to any jail sentence imposed by the Court, upon any person convicted three or more times of violation of this Section. There is hereby created the graffiti abatement fund, to be kept separate and apart from the general fund, under the control and supervision of the Municipal Court Clerk where all graffiti abatement fund fees shall be deposited. In addition to any other penalty imposed by the Court, the Court shall order a convicted defendant under this Section to pay two hundred fifty dollars ($250.00) for each location of occurrence into the graffiti abatement fund, unless the actual costs of abatement of the graffiti placed in that case exceeds two hundred fifty dollars ($250.00), in which event the Court shall order the full amount of the costs of abatement paid into the graffiti abatement fund by that defendant. The amount due the abatement fund by the defendant for a second conviction is five hundred dollars ($500.00) and for a third and subsequent conviction, one thousand dollars ($1,000.00). If the person convicted is under eighteen (18) years of age, that person's parent or parents or legal guardian or guardians shall also be responsible for payment to the graffiti abatement fund fee in the nature of civil damages, as applying graffiti is a deliberate, willful and malicious act. (16) Sec. 9-12-160. Violation; penalty. (Article 9-12, Public, Private and Personal Property) Every person found guilty of a violation of any provision of this Article shall be punishable as provided by Article 1-24 of this Code. ---PAGE BREAK--- (17) Sec. 9-20-30. Violation; penalty. (Article 9-20, Minors) Any person under the age of sixteen (16) years violating any of the provisions of this Article, upon conviction thereof, shall be punished by a fine not exceeding three hundred dollars ($300.00). (18) Sec. 9-28-40. Penalty for possession. (Article 9-28, Drugs and Drug Paraphernalia) A person commits possession of drug paraphernalia if he or she possesses drug para phernalia and knows or reasonably should know that the drug paraphernalia could be used under circumstances in violation of the laws of this State. Any person who commits possession of drug paraphernalia commits a violation of this Code. (19) Sec. 9-28-80. Offenses relating to marihuana. (Article 9-28, Drugs and Drug Paraphernalia) Any person who openly and publicly displays, consumes or uses not more than one ounce of marihuana commits a violation of this Code and, upon conviction thereof, shall be punished, at a minimum, by a fine of not less than one hundred dollars ($100.00) and by up to one year in jail. (20) Sec. 10-4-40. Penalties. (Article 10-4, Model Traffic Code) Every person convicted of a violation of any provision adopted in this Article shall be punished by a fine not exceeding one thousand dollars ($1,000.00) or by imprisonment not exceeding three hundred sixty-five (365) days, or by both such fine and imprisonment. (21) Sec. 10-7-30. Violations; penalty. (Article 10-7, Recreational Vehicles) Any person convicted of a violation of this Article may be punishable as provided by Article 1 -24 of this Code. (22) Sec. 10-8-70. Penalties. (Article 10-8, Inoperable Vehicles) Any person found guilty or pleading guilty or nolo contendere to violating any provisions of this Chapter shall be punishable by a fine of not more than three hundred dollars ($300.00) or by incarceration of not more than ninety (90) days in jail, or both. No written or verbal notice or warning of violation shall be required prior to a criminal prosecution for violation of this Chapter, and such prosecution may occur regardless of whether nuisance abatement procedures are or are not commenced. (23) Sec. 10-12-30. Violation; penalty. (Article 10-12, Railroads) Any person convicted of a violation of this Article may be punishable as provided by Arti cle 1 -24 of this Code. (24) Sec. 12-4-130. Unpaid assessment penalty. (Article 12-4, Construction of Improvements) ---PAGE BREAK--- 27 A ten-percent penalty on the unpaid assessment shall be added to the assessment to defray the cost of collection. (25) Sec. 12-4-190. Assessment. (Article 12-4, Construction of Improvements) After the public hearing, the City Council shall make any changes in the assessment as may in its judgment be necessary, equitable or just and shall thereupon finally determine the amount of such assessments and assess the costs of improvements, including a ten-percent penalty thereon to defray the cost of collection. (26) Sec. 12-8-30. Penalties. (Article 12-8, Sidewalk, Curb or Gutter) Any person found guilty or pleading guilty or nolo contendere to violating any provisions of this Chapter shall be punishable by a fine of not more than three hundred dollars ($300.00) or by incarceration of not more than ninety (90) days in jail, or both. No written or verbal notice of warning of violations shall be required prior to a criminal prosecution for violation of this Chapter and such prosecution may occur regardless of whether nuisance abatement procedures are or are not commenced. (27) Sec. 13-4-130. water service; schedule. (Article 13-4, Water Regulations and Rates) Residential senior citizen and permanently disabled discount. Any retired resident of the City over the age of sixty (60) years or any permanently disabled resident of the City may apply for a discount on his or her water bill. To be eligible, the applicant must certify on forms provided by the City that the water account is for his or her principal residence, and he or she is either over sixty (60) years of age or permanently disabled. Any applicant who provides false information on the forms is subject to a one-hundred-dollar penalty that shall be assessed against his or her utility account. The fixed charge for water will be four dollars and thirty-eight cents ($4.38) plus a volume- based rate of one dollar and three cents ($1.03) per one thousand (1,000) gallons of usage for the first five thousand (5,000) gallons of usage, then three dollars and three cents ($3.03) per one thousand (1,000) gallons thereafter. (28) Sec. 13-12-320. Penalties. (Article 13-12, Sewer Use Regulations) Any person who shall continue any violation beyond the time limit provided for in Section 13- 12-310 shall be guilty of a misdemeanor, and upon conviction thereof shall be fined in the amount not exceeding three hundred dollars ($300.00) for each violation. Each day in which any such violation shall continue shall be deemed a separate violation. (29) Sec. 13-16-70. Rates; notification. (Article 13-16, Sewer Rates) The effective date for such billing shall be the first full billing after such written application has been approved. A separate application must be submitted for each account. If the City finds, upon review of the records, that any one of the conditions set forth above was not met, or if the applicant has provided false or misleading information on the application forms, a one- hundred-dollar penalty shall be assessed against the utility account and the entire year’s billing shall revert to the commercial classification. (30) Sec. 15-4-110. Penalties and civil remedies. (Article 15-4, Uniform Building Code and Standards) ---PAGE BREAK--- It shall be unlawful for any person to erect, construct, enlarge, alter, repair, move, improve, remove, convert or demolish, equip, use, occupy or maintain any building or structure in the City, or cause the same to be done, contrary to or in violation of any of the provisions of this Article, the Uniform Building Code, including all appendices thereto hereby adopted or any order issued by the Building Official hereunder. Any person violating any of said provisions or any such order shall be deemed guilty of a misdemeanor, and each such person shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of such provisions or of such order is committed, continued or permitted, and upon conviction of any such violation, such person shall be punishable by a fine of not more than three hundred dollars ($300.00) or by imprisonment for not more than ninety (90) days, or by both such fine and imprisonment. (31) Sec. 15-6-70. Penalties and civil remedies. (Article 15-6, Uniform Building Conservation Code) It shall be unlawful for any person to erect, construct, enlarge, alter, repair, move, improve, remove, convert or demolish, equip, use, occupy or maintain any building or structure in the City, or cause the same to be done, contrary to or in violation of any of the provisions of this Article, the Uniform Code for Building Conservation, including all appendices thereto hereby adopted, or any order issued by the Building Official hereunder. Any person violating any of said provisions or any such order shall be deemed guilty of a misdemeanor, and each such person shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of such provisions or of such order is committed, continued or permitted, and upon conviction of any such violation, such person shall be punishable by a fine of not more than three hundred dollars ($300.00) or by imprisonment for not more than ninety (90) days, or by both such fine and imprisonment. (32) Sec. 15-8-70. Penalties and civil remedies. (Article 15-8, Dangerous Buildings Abatement Code) It shall be unlawful for any person to erect, construct, enlarge, alter, repair, move, improve, remove, convert or demolish, equip, use, occupy or maintain any building or structure in the City, or cause the same to be done, contrary to or in violation of any of the provisions of this Article, the Uniform Code for the Abatement of Dangerous Buildings, hereby adopted, or any order issued by the Building Official hereunder. Any person violating any of said provisions or any such order shall be deemed guilty of a misdemeanor, and each such person shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of such provisions or of such order is committed, continued or permitted, and upon conviction of any such violation, such person shall be punishable by a fine of not more than three hundred dollars ($300.00) or by imprisonment for not more than ninety (90) days, or by both such fine and imprisonment. (33) Sec. 15-12-70. Penalties and civil remedies. (Article 15-12, National Electrical Code) It shall be unlawful for any person to erect, construct, enlarge, alter, repair, move, improve, remove, convert or demolish, equip, use, occupy or maintain any building or structure in the City, or cause the same to be done, contrary to or in violation of any of the provisions of this Article, the National Electrical Code and the Uniform Administrative Code Provisions of the 1996 National Electrical Code, hereby adopted or any order issued by the Building Official hereunder. Any person violating any of said provisions or any such order shall be deemed guilty of a misdemeanor, and each such person shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of such provisions or of such order is committed, ---PAGE BREAK--- 29 continued or permitted, and upon conviction of any such violation, such person shall be punishable by a fine of not more than three hundred dollars ($300.00) or by imprisonment for not more than ninety (90) days, or by both such fine and imprisonment. (34) Sec. 15-20-80. Penalties and civil remedies. (Article 15-20, Fire Prevention and Protection) It shall be unlawful for any person to erect, construct, enlarge, alter, repair, move, improve, remove, convert or demolish, equip, use, occupy or maintain any building or structure in the City, or cause the same to be done, contrary to or in violation of any of the provisions of this Article, the Uniform Fire Code hereby adopted or any order issued by the Fire Chief or Fire Chief hereunder. Any person violating any of said provisions or any such order shall be deemed guilty of a misdemeanor, and each such person shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of such provisions or of such order is committed, continued or permitted, and upon conviction of any such violation, such person shall be punishable by a fine of not more than three hundred dollars ($300.00) or by imprisonment for not more than ninety (90) days, or by both such fine and imprisonment. (35) Sec. 15-28-70. Penalties and civil remedies. (Article 15-28, Uniform Housing Code) It shall be unlawful for any person to erect, construct, enlarge, alter, repair, move, improve, remove, convert or demolish, equip, use, occupy or maintain any building or structure in the City, or cause the same to be done, contrary to or in violation of any of the provisions of this Article, the Uniform Housing Code, or any order issued by the Building Official hereunder. Any person violating any of said provisions or any such order shall be deemed guilty of a misdemeanor, and each such person shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of such provisions or of such order is committed, continued or permitted, and upon conviction of any such violation, such person shall be punishable by a fine of not more than three hundred dollars ($300.00) or by imprisonment for not more than ninety (90) days, or by both such fine and imprisonment. (36) Sec. 15-32-70. Penalties and civil remedies. (Article 15-32, Uniform Mechanical Code) It shall be unlawful for any person to erect, construct, enlarge, alter, repair, move, improve, remove, convert or demolish, equip, use, occupy or maintain any building or structure in the City, or cause the same to be done, contrary to or in violation of any of the provisions of this Article, the Uniform Mechanical Code, hereby adopted or any order issued by the Building Official hereunder. Any person violating any of said provisions or any such order shall be deemed guilty of a misdemeanor, and each such person shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of such provisions or of such order is committed, continued or permitted, and upon conviction of any such violation, such person shall be punishable by a fine of not more than three hundred dollars ($300.00) or by imprisonment for not more than ninety (90) days, or by both such fine and imprisonment. (37) Sec. 15-36-120. Penalties and civil remedies. (Article 15-36, Uniform Plumbing Code) It shall be unlawful for any person to violate any of the provisions of this Article, the Uniform Plumbing Code, including all appendices thereto hereby adopted, or the installation standards hereby adopted, to fail to comply with any order made thereunder, to construct in violation of any statement or plan submitted and approved thereunder or any certificate or permit issued ---PAGE BREAK--- thereunder, or to fail to comply with such order as affirmed or modified by the administrative authority of the City. Any person violating any of said provisions or any such order shall be deemed guilty of a misdemeanor, and each such person shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of such provisions or of such order is committed, continued or permitted, and upon conviction of any such violation, such person shall be punishable by a fine of not more than three hundred dollars ($300.00) or by imprisonment for not more than ninety (90) days, or by both such fine and imprisonment. (38) Sec. 15-42-50. Penalties and civil remedies. (Article 15-42, Energy Efficiency Code for Nonresidential Buildings) It is unlawful for any person to erect, construct, enlarge, alter, repair, move, improve, remove, convert or demolish, equip, use, occupy or maintain any building or structure in the City, or cause the same to be done contrary to or in violation of any of the provisions of the code. Any person violating any of the provisions of the code shall be deemed guilty of a violation and each such person shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of the code is committed, continued or permitted and upon conviction of any such violation, such person shall be punishable by a fine of not more than three hundred dollars ($300.00) or by imprisonment for not more than ninety (90) days or by both such fine and imprisonment. (39) Sec. 15-46-50. Penalties and civil remedies. (Article 15-46, Energy Conservation Performance Code for New Construction and Renovation of Residential Buildings) It is unlawful for any person to erect, construct, enlarge, alter, repair, move, improve, remove, convert or demolish, equip, use, occupy or maintain any building or structure in the City, or cause the same to be done, contrary to or in violation of any of the provisions of the code hereby adopted. Any person violating any of the provisions of the code shall be deemed guilty of a violation and each such person shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of the code is committed, continued or permitted, and upon conviction of any such violation, such person shall be punishable by a fine of not more than three hundred dollars ($300.00) or by imprisonment for not more than ninety (90) days, or by both such fine and imprisonment. (40) Sec. 15-50-50. Violation; penalty and civil remedies. (Article 15-50, Uniform Building Security Code) It is unlawful for any person to erect, construct, enlarge, alter, repair, move, improve, remove, convert or demolish, equip, use, occupy or maintain any building or structure in the City contrary to or in violation of any of the provisions of this Article, the Uniform Building Security Code, including amendments thereto, or any order issued by the City Manager hereunder. Any person violating any of such provisions shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of any of such provisions is committed, continued or permitted, and upon conviction of any such violation, such person shall be punishable by a fine of not more than three hundred dollars ($300.00) or by imprisonment for not more than ninety (90) days, or by both such fine and imprisonment. (41) Sec. 16-36-10. Violations; penalties and other actions. (Article 16-36, Penalties and Civil Remedies) ---PAGE BREAK--- 31 Any person who violates any of the provisions of these regulations shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be subject to a fine of not more than three hundred dollars ($300.00) or a jail sentence of not more than ninety (90) days or by both such fines and imprisonment. Each day that a violation of these regulations continues shall constitute a separate and distinct offense, and shall be punishable as such. Section 6. 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 7. 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 8. This Ordinance shall become effective thirty (30) days after publication, which is November 9, 1999. INTRODUCED AND PASSED ON FIRST READING AND ORDERED PUBLISHED this 7th day of September, 1999. CITY OF BRIGHTON, COLORADO ATTEST: By: (signature) Terrence V. Lucero, Mayor (signature) Karen Borkowski, City Clerk (SEAL) Published in the Brighton Standard Blade First Publication: September 11, 1999 ADOPTED ON FINAL READING AND ORDERED PUBLISHED this 5th day of October, 1999. CITY OF BRIGHTON, COLORADO ATTEST: By: (signature) Terrence V. Lucero, Mayor (signature) Karen Borkowski, City Clerk (SEAL) Published in the Brighton Standard Blade Final Publication: October 9, 1999 APPROVED AS TO FORM: ---PAGE BREAK--- (signature) Margaret Brubaker, City Attorney ---PAGE BREAK--- 33 CITY OF BRIGHTON CODE TABLE OF CONTENTS Chapter 1 General Provisions 1-1 Article 1-4 General Provisions Article 1-8 City Name and Organization Article 1-12 City Seal Article 1-16 Wards and Precincts Article 1-20 Right of Entry for Inspection Article 1-24 General Penalty Article 1-26 Administrative Subpoenas Article 1-27 Public Records Chapter 2 Administration and Personnel 2-1 Article 2-4 City Council Article 2-8 General Organization Article 2-10 Code of Ethics Article 2-12 City Manager Article 2-16 Municipal Court Article 2-20 Abandoned or Unclaimed Personal Property Article 2-24 Reserve Police Officers Unit Article 2-25 Brighton Youth Commission Article 2-28 Health Department and Health Officer Article 2-32 Park and Recreation Advisory Board Article 2-36 Planning Commission Article 2-37 Board of Adjustment Article 2-38 Development Review Committee Article 2-40 Housing Authority Article 2-44 Cemetery Article 2-48 Office of Emergency Management Article 2-52 Officers' Bonds Article 2-56 Officers' Salaries Article 2-60 Pensions Article 2-64 Employees' Pension Plan and Trust Agreement Division 1 Name and Purpose of Plan and Trust Division 2 Contributions by City, State and Participants Division 3 Determination and Vesting of Participants' Interests Division 4 Retirement Date; Designation of Beneficiary Division 5 Distribution From Trust Fund Division 6 Administration Board Division 7 Powers and Duties of Trustee Division 8 Continuance, Termination and Amendment of Plan and Trust ---PAGE BREAK--- Division 9 Miscellaneous Article 2-65 Liquor Licensing Authority Article 2-66 Historic Preservation Commission Chapter 3 Revenue and Finance 3-1 Article 3-4 Fiscal Year and Budgetary Procedure Article 3-5 Development Impact Fees Article 3-8 Contracts and Purchases Article 3-12 Employees' Pension Fund Article 3-20 Municipal Cemetery Perpetual Care Fund Article 3-24 Alcohol Beverages Article 3-28 Sales Tax Article 3-32 Use Tax Division 1 General Provisions Division 2 Building and Construction Use Tax Division 3 Motor Vehicle Use Tax Article 3-36 Telephone Utility Company Occupation Tax Article 3-40 Lodging Tax Division 1 General Provisions Division 2 License Chapter 4 Reserved Chapter 5 Business Licenses, Regulations and Occupations 5-1 Article 5-4 Business Licenses Article 5-8 Alcohol Beverages Division 1 Generally Division 2 Tastings Division 3 Special Events Article 5-12 Amusement Devices Article 5-16 Auctioneers Article 5-24 Cabarets Article 5-28 Cable Television System Article 5-32 Circuses and Carnivals Article 5-36 Merchant Guards and Patrols and Industrial Guards Article 5-44 Pawnbrokers Article 5-48 Peddlers, Canvassers and Solicitors Article 5-52 Poolrooms, Billiard Halls and Bowling Alleys Article 5-56 Public Dances Article 5-68 Tree Care Article 5-72 Massage Therapist Licenses Article 5-73 Massage Parlors Article 5-76 Use of 1886 Church Article 5-80 Franchise for Gas and Electricity Division 1 Grant of Franchise Division 2 Police Powers Division 3 Franchise Fee Division 4 Administration of Franchise ---PAGE BREAK--- 35 Division 5 Supply, Construction and Design Division 6 Reliability Division 7 Company Performance Obligations Division 8 General Provisions Division 9 Equal Opportunity Division 10 Miscellaneous Article 5-84 Franchise for Electricity to Union Rural Electric Association, Inc. Division 1 Grant of Franchise Division 2 Franchise Fee Division 3 Company Construction and Operation Obligations Division 4 Reports to City Division 5 City Use of Company Facilities Division 6 Indemnification of City Division 7 Undergrounding of Company Distribution Facilities Division 8 Transfer of Franchise Division 9 Purchase or Condemnation Division 10 Removal of Company Facilities at End of Franchise Division 11 Small Power Production and Cogeneration Division 12 Forfeiture Division 13 Amendments Division 14 Miscellaneous Article 5-90 Group Homes Article 5-94 Sexually Oriented Businesses Article 5-98 Mobile Vendors Chapter 6 Animals 6-1 Article 6-4 Animal Regulations Division 1 General Provisions Division 2 Rabies Control, Immunization and Confinement Division 3 Owner Responsibilities Division 4 Prohibited and Restricted Animals Division 5 Health and Sanitation Requirements Division 6 Care and Treatment of Animals Division 7 Impoundment Division 8 Kennel License Division 9 Control of Infestations Chapter 7 Reserved Chapter 8 Health and Safety 8-1 Article 8-4 General Health Provisions Article 8-8 Vegetation, Rubbish and Junk Control Division 1 Weeds, Brush, Rubbish and Junk ---PAGE BREAK--- Division 2 Trees and Plants Article 8-10 Undesirable Plants Article 8-12 Garbage Collection Article 8-16 Littering and Obstructions Article 8-20 Public Hazards Article 8-24 Nuisances Article 8-28 Temporary Fireworks Stand Permit Article 8-32 Community Noise Control Article 8-36 Air Pollution Control Article 8-40 Ice Cream Vendors Article 8-44 Smoking Prohibited Article 8-50 Emergency Preparedness Chapter 9 Public Peace, Morals and Welfare 9-1 Article 9-4 Government and Public Officers Article 9-8 Streets and Public Places Article 9-12 Public, Private and Personal Property Article 9-14 Graffiti Article 9-16 Public Peace, Order and Decency Article 9-20 Minors Article 9-24 Alcohol Beverages Article 9-28 Drugs and Drug Paraphernalia Article 9-30 Medical Marijuana Center, Optional Premises Cultivation and Medical Marijuana-Infused Products Manufacturer – Prohibited Article 9-32 Weapons Article 9-36 Public Safety Radio Amplification Systems (PSRS) Chapter 10 Vehicles and Traffic 10-1 Article 10-4 Model Traffic Code Article 10-5 Parking on Private Property Restrictions Article 10-6 Parking on Public Property Restrictions Article 10-7 Enforcement, Impoundment, Hearings and Penalties Article 10-8 Inoperable Vehicles Article 10-10 Permits for Parking of Vehicles Article 10-11 Illegally Parked Vehicles Article 10-12 Railroads Article 10-13 Restricted Use of Streets Article 10-14 Definitions Chapter 11 Reserved Chapter 12 Streets, Sidewalks and Public Places 12-1 Article 12-4 Construction of Improvements Article 12-8 Sidewalk, Curb or Gutter Article 12-12 Excavations Article 12-16 Use of Public Places Division 1 General Division 2 Telecommunications Facilities ---PAGE BREAK--- 37 Article 12-20 Trails and Open Space Article 12-30 Special Improvement Districts Chapter 13 Water and Sewer 13-1 Article 13-4 Water Regulations and Rates Article 13-6 Appropriation of Nontributary Groundwater Article 13-8 Water and Sewer Main Extensions and Installations Article 13-12 Sewer Use Regulations Division 1 Definitions Division 2 Use of Public Sewers Required Division 3 Sanitary Sewers, Building Sewers and Connections Division 4 Use of Public Sewers Division 5 Protection of Sewer System Division 6 Powers and Authority of Inspectors Division 7 Penalties Division 8 Arbitration of Differences Article 13-16 Sewer Rates Article 13-20 Storm Drainage Management Utility Chapter 14 Storm Drainage 14-1 Article 14-2 Stormwater Management Program Article 14-4 Grading Regulations Division 1 Generally Division 2 Procedures Division 3 Plans and Specifications Division 4 Permit Requirements Division 5 Enforcement Article 14-6 Storm Sewer Usage Article 14-8 Post-Construction Stormwater Management Chapter 15 Buildings and Construction 15-1 Article 15-4 International Building Code and Standards Article 15-6 International Building Conservation Code Article 15-8 Dangerous Buildings Abatement Code Article 15-12 National Electrical Code Article 15-16 Contractor Licenses Article 15-20 International Fire Code Article 15-24 Moving of Structures Article 15-28 International Residential Code Article 15-32 International Mechanical Code Article 15-36 International Plumbing Code Article 15-40 International Energy Conservation Code Article 15-42 Energy Efficiency Code for Nonresidential Buildings Article 15-46 Energy Conservation Performance Code for New Construction and Renovation of Residential Buildings Article 15-50 Uniform Building Security Code Article 15-54 Safety Code for Elevators and Escalators ---PAGE BREAK--- Chapter 16 Subdivisions 16-1 Article 16-4 General Provisions Article 16-8 Definitions Article 16-12 Procedures Article 16-16 Design Standards Article 16-18 Commercial Design Standards Division 1 General Provisions Division 2 Commercial Site Planning and Site Design Standards Division 3 Commercial Building Design Article 16-20 Improvements Article 16-24 Public Dedications and Reservations Article 16-28 Fees Article 16-32 Variances Article 16-36 Penalties and Civil Remedies Tables Code Comparison Table T-1 Disposition of Ordinance Table T-21 Table of Up-to-Date Pages T-101 Index I-1