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Help & SupportChapter 1-1: Construction and Interpretation1
The purpose of this chapter is to provide general rules for the interpretation of this code and other ordinances of the city.
1-1-2 How Code Designated and Cited.
The ordinances embraced in this and the following chapters and sections constitute and are designated the "Boulder Revised Code 1981," which may be referred to as B.R.C. 1981.
The city council intends that the catchlines of the several sections of this code printed in boldface type be mere catchwords to indicate the contents of the section and not titles or parts of such sections, nor, unless expressly so provided, are amendments or reenactments of any catchlines intended to be titles or parts of such sections.
1-1-4 Severability of Parts of Code.
The city council intends that the sections, paragraphs, sentences, clauses, and phrases of this code be severable. If any phrase, clause, sentence, paragraph, or section of this code is declared unconstitutional or invalid by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality or invalidity does not affect any of the remaining phrases, clauses, sentences, paragraphs, and sections of this code, unless it appears to the court that the valid provisions of the section or ordinance are so essentially and inseparably connected with, and so dependent upon, the void provision that it cannot be presumed the council would have enacted the valid provisions without the void one; or unless the court determines that the valid provisions, standing alone, are incomplete and are incapable of being executed in accordance with the legislative intent. If provision of an exception invalidates a prohibition, but the prohibition without the exception would be valid, then it is council's intent in such cases that the exception be severed and the prohibition upheld.
(Ordinance No. 5186 (1989))
The city council intends that all general provisions, terms, phrases, and expressions contained in this code be liberally construed in order that the council's true intent and meaning may be fully implemented.
1-1-6 Common and Technical Usage.
The city council intends that words and phrases be read in context and construed according to the rules of grammar and common usage. Words and phrases that have acquired a technical or particular meaning, whether by legislative definition or otherwise, are intended to be construed accordingly.
Unless the context clearly indicates otherwise, the singular includes the plural, and the plural includes the singular.
Unless the context clearly indicates otherwise, words in the present tense include the future tense.
Whenever this code or any ordinance of the city refers to the feminine or masculine gender, it is deemed to refer to both genders.
(a) In computing a period of days, the first day is excluded and the last day is included.
(b) Except as otherwise expressly provided by this code or any ordinance of the city or applicable state statute, if the last day of any period is a Saturday, Sunday, or legal holiday, the period is extended to include the next day which is not a Saturday, Sunday, or legal holiday.
(c) If a number of months is to be computed by counting the months from a particular day, the period ends on the same numerical day in the concluding month as the day of the month from which the computation is begun, unless there are not that many days in the concluding month, in which case the period ends on the last day of that month.
A grant of authority to three or more persons as a public body confers the authority upon a majority of the number of members fixed by the code.
1-1-12 Conflict in the Expression of Numbers.
If there is a conflict between figures and words in expressing a number, the words govern.
1-1-13 Standard Time, Daylight Saving Time.
United States Mountain Time, as defined by state law2, applies to all ordinances, rules, and regulations relating to the time of performance of any act by any officer or department of this city, relating to the time in which any rights accrue or determine, or within which any act shall or shall not be performed by any person subject to the jurisdiction of the city.
1-1-14 Intention in Enacting Ordinances.
In enacting an ordinance the city council intends:
(a) To comply with the city charter and the constitutions of the State of Colorado and the United States;
(b) That the entire ordinance be effective;
(c) A just and reasonable result;
(d) A result that may be feasibly executed; and
(e) That the public interest be favored over any private interest.
1-1-15 Ambiguous Ordinances, Aids in Construction.
If an ordinance is ambiguous, a court in determining the intent of the city council may consider, among other matters:
(a) The legislative declaration or purpose3;
(b) The object sought to be obtained;
(c) The administrative construction of the ordinance;
(d) The legislative history, if any;
(e) The circumstances under which the ordinance was enacted;
(f) The common law or former code provisions, including ordinances upon the same or similar subjects; and
(g) The consequences of a particular construction.
1-1-16 Special or Local Provision Prevails Over General.
If a general provision conflicts with a special or local provision, the city council intends that it be construed, if possible, so that effect is given to both. If the conflict between the provisions is irreconcilable, the special or local provision prevails as an exception to the general provision, unless the general provision is the later adoption and the manifest intent is that the general provision prevail.
1-1-17 Irreconcilable Ordinances.
If the city council enacts an ordinance that is irreconcilable with another provision of this code, the ordinance whose effective date is latest prevails.
1-1-18 Continuation of Prior Law.
(a) An ordinance is presumed to be prospective in its operation.
(b) The provisions appearing in this and the following chapters, so far as they are the same as or substantially similar to the provisions of "The Revised Code of the City of Boulder, Colorado 1965," as amended, which they replace, are deemed to be continuations thereof and not new enactments.
(c) An ordinance that is reenacted, revised, or amended is intended to be a continuation of the prior law and not a new enactment to the extent that its terms are the same as the prior ordinance.
1-1-19 Reference to Ordinances.
A reference to any ordinance or title, chapter, section, or any part thereof of this code applies to all reenactments or revisions thereof or amendments thereto.
1-1-20 Accumulation of Remedies.
The remedies provided for in any section of this code are cumulative. Unless otherwise expressly provided by this code or any ordinance of the city, no action taken by the city constitutes an election by the city to pursue any remedy to the exclusion of any other remedy provided by this code or other ordinance of the city.
1-1-21 Meaning of "May," "Shall," and Present Tense.
When used in this code or any ordinance of the city, the use of the "present tense" and the word "shall" mandate or prohibit an action, and the word "may" confers authority or privilege to act.
(a) Unless otherwise specifically provided, if it is necessary under this code or any ordinance of the city to determine which whole number a computed fractional number represents, it shall be presumed to represent the lower.
(b) This section does not apply to title 10, "Structures," B.R.C. 1981, nor to any codes adopted by reference therein.
(Ordinance No. 4927 (1985))
1 Adopted by Ordinance No. 4705. Derived from Ordinance No. 3838, 1925 Code.
2 2-4-109, C.R.S.
3 2-4-203, C.R.S. See, Martin v. King, 417 F. 2d 458 (10th Cir. 1969): Larsen v. City of Colorado Springs, 142 F. Supp. 971 (D. Colo. 1956).