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The Fort Collins Municipal Code and Charter is provided on this website as a public service of the City of Fort Collins, Colorado. This Internet version of the Fort Collins Municipal Code and Charter is different in layout, format, and structure from the original Code. Always refer to the original Code and prepared text when preparing any documents or when making reference to the provisions of the Fort Collins Municipal Code and Charter. This Internet version of the Code is not intended to replace the Fort Collins Municipal Code and Charter but is a depiction of the Code in another format which is not the official version for reference purposes.
This version of the Fort Collins Municipal Code contains all ordinances appropriate for inclusion through Ordinance No. 149, 2007, adopted December 18, 2007, as included in Supplement No. 84 to the Fort Collins Municipal Code. For all other ordinances adopted after that date, please contact the Fort Collins City Clerk's office.
Questions regarding the content of the Fort Collins Municipal Code and Charter should be referred to: Fort Collins City Clerk, 970-221-6515. Printed versions of the Code are available from the Fort Collins City Clerk.
MUNICIPAL CODE
1987
Published by
COLORADO CODE PUBLISHING COMPANY
Fort Collins, Colorado
The Town of Fort Collins was incorporated by an order of the Board of County Commissioners of Larimer County, Colorado, on February 3, 1873. The Town of Fort Collins became a city of the second class on February 2, 1883, and the first Charter, establishing a Commission form of government, was adopted at an election held on September 16, 1913. The present Charter of the City of Fort Collins, establishing the Council-Manager form of government, was adopted by the electors of the City on October 5, 1954.
The City of Fort Collins has, like many other municipalities, passed through the struggles that characterize all American communities in their early history. While only a few simple laws were necessary at the time of the incorporation in 1873, subsequent growth of the community, together with the complexity of modern life has created the need for more and detailed ordinances for the proper function and government of the City of Fort Collins. The recording of local law is an aspect of municipal history and as the community develops and changes, review and revision of old laws and consideration of new laws in the light of current trends must keep pace. The orderly collection of these records is an important step in the ever-continuing process. Ordinances must be more than mere chronological enactments reposing in the pages of old records. They must be available and logically arranged for convenient use, and must be kept up-to-date. It was with thoughts such as these in mind that the City Council of the City of Fort Collins ordered the following codification of ordinances.
Contents of Code
This Code constitutes a complete recodification of the ordinances of the City of Fort Collins of a general and permanent nature.
Source materials used in the preparation of the Code were the 1972 Code, as supplemented through September 2, 1986, and ordinances subsequently adopted by the City Council. The source of each section is included in the history note appearing in parentheses at the end thereof. The absence of such a note indicates that the section is new and was adopted for the first time with the adoption of the Code. By use of the comparative tables appearing in the back of this volume, the reader can locate any section of the 1972 Code, as supplemented, and any subsequent ordinance included herein.
The chapters of the Code have been conveniently arranged in alphabetical order and the various sections within each chapter have been catchlined to facilitate usage. Footnotes which tie related sections of the Code together and which refer to relevant state laws have been included. A table listing the state law citations and setting forth their location within the Code is included at the back of this volume.
Numbering System
The numbering system used in this Code consists of two component parts separated by a dash, the figure before the dash referring to the chapter number and the figure after the dash referring to the position of the section within the chapter. Thus, the first section of Chapter 6 is numbered 6-1 and the second section of Chapter 7 is 7-2. Under this system, each section is identified with its chapter and at the same time new sections or even whole chapters can be inserted in their proper place simply by using the decimal system for amendments. By way of illustration: If new material consisting of three sections that would logically come between §§ 5-1 and 5-2 is desired to be added, such new sections would be numbered 5-1.1, 5-1.2 and 5-1.3 respectively. New chapters may be included in the same manner. If the new material is to be included between Chapters 8 and 9, it will be designated as Chapter 8.5. Care should be taken that the alphabetical arrangement of chapters is maintained when including new chapters. New articles and new divisions may be included in the same way or, in the case of articles, may be placed at the end of the chapter embracing the subject, and, in the case of divisions, may be placed at the end of the article embracing the subject, the next successive number being assigned to the article or division.
Tables
Various reference tables have been provided for assistance to the user. The Statutory Reference Tables contain references to Colorado Revised Statutes. The Code Comparison Table and Disposition of Ordinances Table identify the sources for the contents of the code. The Code Comparison Table identifies prior code sections and their location in the current code. The Ordinance Disposition 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 a prior code section, an ordinance or a portion thereof is contained within the code, the Code Comparison Table and 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.
Index
The Index has been prepared with the greatest of care. Each particular item has been placed under several headings, some of the headings being couched in lay phraseology, others in legal terminology, and still others in language generally used by municipal officials and employees. There are numerous cross references within each index which stand as guideposts to direct the user to the particular item in which the user is interested.
Looseleaf Supplements
The Code will be kept up-to-date periodically by the City. Upon the final passage of amendatory ordinances, they will be properly edited without substantive changes and the appropriate page or pages affected will be reprinted. These new pages will be distributed to holders of copies of the Code, with instructions for the manner of inserting the new pages and deleting the obsolete pages.
Acknowledgments
This Code was accomplished in 1987 with the assistance of the City staff, especially the input of Kathy Allin, Molly Davis, Susanne Edminster, John Huisjen, Rita Knoll, Wanda Krajicek and Joan Richard. The Code has subsequently been reprinted in its entirety in order to consolidate the pages.
COLORADO CODE PUBLISHING COMPANY
323 West Drake Road, Suite 200
Fort Collins, CO 80526-2865
(800)352-9229 • (970)498-9229
colocode@frii.com • www.colocode.com
ORDINANCE
NO. 153, 1987
OF THE COUNCIL OF THE CITY OF FORT COLLINS
Adopting and Enacting a New Code for the City of Fort Collins; Providing for the Repeal of Certain Ordinances Not Included Therein; 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 Council of the City of Fort Collins:
Section 1. The Code entitled the "Code of the City of Fort Collins" published by Municipal Code Corporation consisting of Chapters 1 through 29, each inclusive, is adopted.
Section 2. All ordinances of a general and permanent nature enacted on or before March 17, 1987, and not included in the Code or recognized and continued in force by reference therein are repealed.
Section 3. The repeal provided for in section 2 hereof shall not be construed to revive any ordinance or part thereof that had been previously repealed by any ordinance being repealed by this ordinance.
Section 4. The following codes were adopted by reference and incorporated in the Code of the City of Fort Collins, Colorado. Three (3) copies of these codes are on file in the City Clerk's office.
(1) The Uniform Building Code, 1985 Edition as published by the International Conference of Building Officials, as adopted and amended in Code § 5-26 et seq.;
(2) The Uniform Building Code Standards, 1985 Edition as published by the International Conference of Building Officials, as adopted and amended in Code § 5-26 et seq.;
(3) The Uniform Plumbing Code, 1985 Edition including appendices as published by the International Association of Plumbing and Mechanical Officials, as adopted and amended in Code § 5-125 et seq.;
(4) The National Electrical Code, 1987 Edition as published by the National Fire Protection Association and the Uniform Administrative Code Provisions for the National Electrical Code, 1987 Edition, as published by the International Conference of Building Officials as adopted and amended by Code § 5-80 et seq.;
(5) The Uniform Mechanical Code, 1985 Edition including Appendices A, B, and C as published by the International Conference of Building Officials as adopted and amended by Code § 5-106 et seq.;
(6) The Uniform Code for the Abatement of Dangerous Buildings, 1976 Edition as published by the International Conference of Building Officials, as adopted in Code § 5-46;
(7) The Uniform Fire Code, 1985 Edition, Articles 1 through 87 and Appendices as published by the Western Fire Chiefs Association and the International Conference of Building Officials, as adopted and amended in Code § 9-1 et seq.;
(8) The "Model Traffic Code for Colorado Municipalities" 1977 Edition, Articles I through XXVI, as published by the state Department of Highways, as adopted and amended in Code § 28-16 et seq.
Section 5. Unless another penalty is expressly provided, every person convicted of a violation of any provision of the Code, any code adopted by reference, or any ordinance adopted or issued in pursuance thereof, shall be punished by a fine of not more than nine hundred dollars ($900.) or a term of imprisonment of not more than one hundred eighty (180) days or both fine and imprisonment as provided in § 1-15 of the Code. Each act of violation and each day upon which any such violation shall occur shall constitute a separate offense. The penalty provided by this Section, unless another penalty is expressly provided, shall apply to the amendment of any Code section whether or not such penalty is reenacted in the amendatory ordinance. In addition to the penalty prescribed above, the city may pursue other remedies such as abatement of nuisances, injunctive relief and revocation of licenses or permits.
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. The City Clerk shall distribute such sets of the Code and amendments thereto as may be necessary to the various departments of the city for official use of city officers, boards and commissions, and for exchange purposes for similar publications of other cities. All volumes designated for official use shall remain the property of the city for the use of such city officials and their successors and shall bear such designation. The City Clerk shall prepare or cause to be prepared a list of the city officers, and boards and commissions who shall receive for official use copies of such Code. The City Clerk shall make the Code and supplements thereto available to the public, and shall charge therefor such fees as are reasonable.
Section 8. Ordinances adopted after March 17, 1987, 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 9. This ordinance shall become effective October 30, 1987.
Introduced, considered favorably on first reading, and ordered published this 6th day of October, A.D. 1987, and to be presented for final passage on the 20th day of October, A.D. 1987.
/s/ Ed
Stoner
Assistant Mayor
ATTEST:
/s/ Wanda
M. Krajicek
City
Clerk
Passed and adopted on final reading this 20th day of October, A.D. 1987.
/s/ L.
J. Estrada
Mayor
ATTEST:
/s/ Wanda
M. Krajicek
City
Clerk
TABLE OF CONTENTS
Art. I. In General
Art. II. City Council
Div. 1 Generally
Div. 2 Meetings
Div. 3 Appeals Procedure
Art. III. Boards and Commissions
Div. 1 Generally
Div. 2 Affordable Housing Board
Div. 3 Air Quality Advisory Board
Div. 4 Art in Public Places Board
Div. 5 Board of Elections
Div. 6 Board of Trustees of the Firefighters' Pension Plan
Div. 7 Building Review Board
Div. 8 Citizen Review Board
Div. 9 Commission on Disability
Div. 10 Women's Commission
Div. 11 Community Development Block Grant Commission
Div. 12 Cultural Resources Board
Div. 13 Downtown Development Authority
Div. 13.5 Economic Advisory Commission
Div. 14 Electric Board
Div. 15 Golf Board
Div. 16 Housing Authority
Div. 17 Human Relations Commission
Div. 18 Land Conservation Board
Div. 19 Landmark Preservation Commission
Div. 20 Reserved
Div. 21 Liquor Licensing Authority
Div. 22 Massage Licensing Authority
Div. 23 Natural Resources Advisory Board
Div. 24 Parks and Recreation Board
Div. 25 Personnel Board
Div. 26 Planning and Zoning Board
Div. 27 Reserved
Div. 28 Retirement Committee
Div. 29 Senior Advisory Board
Div. 30 Reserved
Div. 31 Telecommunications Board
Div. 32 Transportation Board
Div. 33 Water Board
Div. 34 Youth Advisory Board
Div. 35 Zoning Board of Appeals
Art. IV. Authorities of the City
Div. 1 Downtown Development Authority
Div. 2 Housing Authority
Div. 3 Liquor Licensing Authority
Div. 4 Urban Renewal Authority
Art. V. Administrative Organization
Div. 1 Generally
Div. 2 Executive, Legislative and Judicial Offices
Div. 3 Service Areas
Div. 4 Fire Services
Art. VI. Administrative Appeals Procedure
Art. VII. Officers and Employees
Div. 1 Generally
Div. 2 City Council
Div. 3 City Attorney
Div. 4 City Manager
Div. 5 Municipal Judge
Div. 6 Defense and Indemnification Obligations to Officers and Employees
Div. 7 Public Safety – Administrative Cooperative Agreement
Art. VIII. Financial Disclosure
Div. 1 Generally
Div. 2 Financial Disclosure
Div. 3 Gifts, Honoraria and Other Benefits
Art. IX. Emergency Management
Art. I. In General
Art. II. Administration
Div. 1 Generally
Div. 2 Liquor Licensing Authority
Div. 3 Hearings
Art. III. Licenses, Taxes, Regulations and Procedures
Chapter 4. Animals and Insects
Art. I. In General
Art. II. Animals
Div. 1 Generally
Div. 2 Pet Licenses
Div. 3 Rabies Control
Div. 4 Care and Treatment of Animals
Div. 5 Control of Animals
Div. 6 Restrictions
Div. 7 Impoundment and Reclamation
Div. 8 Wild Birds
Div. 9 Enforcement
Div. 10 Penalties
Art. III. Insects
Div. 1 Generally
Div. 2 Bees
Chapter 5. Buildings and Building Regulations
Art. I. In General
Art. II. Buildings
Div. 1 Generally
Div. 2 Building Construction Standards
Div. 3 Dangerous Buildings
Div. 4 Moving of Buildings
Art. III. Electrical Standards
Art. IV. Mechanical Standards
Art. V. Plumbing
Div. 1 Generally
Div. 2 Administration
Art. VI. Housing Standards
Div. 1 Generally
Div. 2 Rental Housing Standards
Subdiv. A. Generally
Subdiv. B. Administration
Subdiv. C. Standards
Subdiv. D. Substandard Buildings
Art. VII. Historic Buildings
Chapter 6. Cable Communications/Gas Company Facilities Systems
Art. I. Cable Communications Systems
Art. II. Gas Company Facilities Regulations
Art. I. In General
Art. II. Administration
Div. 1 Generally
Div. 2 Board of Elections
Div. 3 Election Judges
Art. III. Procedure
Div. 1 Generally
Div. 2 Election Precincts and Polling Places
Div. 3 Election Districts
Div. 4 Voting
Art. IV. Candidates
Div. 1 Generally
Art. V. Campaigns
Art. VI. Initiative and Referendum
Art. VII. Election Offenses
Art. VIII. Mail Ballot Elections
Art. I. Administrative Fees
Art. II. Capital Improvement Expansion Fees
Div. 1 Generally
Div. 2 Particular Public Facilities
Art. III. School Land Dedication and Fees in Lieu of Land Dedication for School Site Acquisition Purpose
Div. 1 Generally
Art. IV. Fees to Recover Damage to Infrastructure
Div. 1 Generally
Art. V. Acquisition and Development of Neighborhood Parks
Art. VI. Regional Transportation Capital Improvement Expansion Fee
Div. 1 Generally
Art. VII. Passenger Facility Charge
Art. I. Budget
Art. II. Bonds
Div. 1 Generally
Div. 2 Replacement of Bonds
Art. III. Funds
Div. 1 Generally
Div. 2 Creation of Various Funds
Div. 3 Self-Insurance Program and Fund
Art. IV. Purchasing and Contracting
Div. 1 Generally
Div. 2 Specifications
Div. 3 Contract Formation and Award
Div. 4 Contract Administration
Div. 5 Resolution of Controversies
Chapter 9. Fire Prevention and Protection
Chapter 10. Flood Prevention and Protection
Art. I. In General
Art. II. Flood Hazard Areas
Div. 1 Generally
Div. 2 Administration and Procedures
Div. 3 General Standards for Flood Hazard Analysis and Reduction
Div. 4 Poudre River Flood Hazard Areas
Div. 5 FEMA Basin Floodplains
Div. 6 City Basin Floodplains
Div. 7 Erosion Buffer Zones
Art. III. Irrigation Ditches
Chapter 11. Hazardous Materials Transportation
Chapter 12. Health and Environment
Art. I. In General
Art. II. Collection of Garbage and Refuse
Art. III. Smoking in Public Areas
Art. IV. Ozone-Depleting Compounds
Art. V. Sale and Use of Tobacco Products
Art. VI. Radon
Art. VII. Resource Conservation
Div. 1 Generally
Div. 2 Soil Amendment
Art. I. In General
Art. II. Discrimination
Chapter 14. Landmark Preservation
Art. I. In General
Art. II. Designation Procedure
Art. III. Construction, Alterations, Demolitions and Relocations
Art. IV. Demolition or Relocation of Historic Structures not Designated as Fort Collins Landmarks or Located in a Fort Collins Landmark District
Art. V. Landmark Rehabilitation Loan Program
Chapter 15. Licenses and Business Regulations
Art. I. In General
Art. II. Alarm Systems
Div. 1 Generally
Div. 2 Permit, License, Certificate of Compliance
Div. 3 Standards
Art. III. Amusement Devices and Places
Art. IV. Auctions, Special Sales and Solicitations
Div. 1 Generally
Div. 2 Auctions
Div. 3 Special Sales
Art. V. Contractors
Art. VI. Electrical Contractors
Art. VII. Going-Out-of-Business Sales
Art. VIII. Pawnbrokers
Art. IX. Places of Entertainment
Art. X. Plumbing Contractors
Art. XI. Secondhand Dealers
Art. XII. Reserved
Art. XIII. Right-of-Way Contractors
Art. XIV. Outdoor Vendors
Art. XV. Solid Waste Collection and Recycling Services
Art. I. In General
Art. II. Massage Licensing Authority
Art. III. Licenses and Regulations
Chapter 17. Miscellaneous Offenses
Art. I. In General
Art. II. Offenses Against the Person
Art. III. Offenses Against Property
Art. IV. Offenses Against Public Authority
Art. V. Offenses Involving Children
Art. VI. Offenses Against Public Safety
Art. VII. Offenses Against Public Peace
Art. VIII. Offenses Against Decency
Art. IX. Offenses Involving Substance Abuse
Art. X. Offenses Involving Camping
Art. I. In General
Art. II. Jury Trials
Art. III. Municipal Court Referee
Art. IV. Rules for Traffic Infractions
Art. V. Rules for Civil Infractions
Art. I. In General
Art. II. Noise
Art. III. Nuisance Gatherings
Art. IV. Weeds, Brush Piles and Rubbish
Art. V. Dirt, Debris and Construction Waste
Art. VI. Junked, Wrecked, Abandoned, Inoperable Property
Div. 1 Generally
Div. 2 Inoperable Motor Vehicles
Art. VII. Snow Obstructions
Art. VIII. Parking
Art. IX. Abatement of Public Nuisances
Chapter 21. Personnel, Pensions and Retirement
Art. I. In General
Art. II. Personnel
Div. 1 Generally
Div. 2 Personnel Board
Art. III. Firefighters' Pension Plan
Art. IV. Reserved
Art. V. General Employees' Retirement Plan
Div. 1 Generally
Div. 2 Retirement Committee
Chapter 22. Public Improvements
Art. I. In General
Art. II. General Improvement Districts
Art. III. Special Improvements
Div. 1 Generally
Div. 2 Districts
Div. 3 Assessment Procedure
Div. 4 Bonds
Art. IV. Deferred Payment of Assessments
Art. I. In General
Art. II. Excavations on Public Property
Art. III. Obstructions and Encroachments
Div. 1 Generally
Div. 2 Obstructions
Div. 3 Encroachments
Div. 4 Neighborhood Entry Signs
Art. IV. Disposition of Property
Div. 1 Generally
Div. 2 Real Property
Div. 3 Real and Personal Property
Art. V. City Facilities Generally
Art. VI. Cemetery
Art. VII. Library
Art. VIII. Museum
Art. IX. Natural Areas
Art. X. Parks, Trails and Recreation Areas
Art. XI. Old Town Plaza Right-of-Way
Art. XII. Art in Public Places
Art. XIII. Land Banking
Chapter 23.5. Special Events and Demonstrations
Chapter 24. Streets and Sidewalks
Art. I. In General
Art. II. Sidewalks
Div. 1 Generally
Div. 2 Sidewalks, Curbs, Gutters
Div. 3 Curb Cuts and Driveways
Art. III. Streets
Div. 1 Generally
Div. 2 Street Oversizing Funds
Div. 3 State Highway No. 1
Art. I. In General
Art. II. Tax Refund and Rebate Programs
Div. 1 Generally
Div. 2 Ad Valorem Tax Refund Program for the Elderly and Disabled
Div. 3 Sales Tax Rebate on Food
Div. 4 Affordable Housing Rebate
Div. 5 Manufacturing Equipment Use Tax Rebate
Art. III. Sales and Use Tax
Div. 1 General Provisions; Taxes Imposed
Div. 2 Licensing
Div. 3 Taxpayer Responsibilities
Div. 4 Refunds
Div. 5 Administration
Div. 6 Enforcement
Div. 7 Miscellaneous
Art. IV. Lodging Tax
Art. V. Utility Tax
Div. 1 Generally
Div. 2 Telephone
Art. VI. Gas Company Occupation Tax
Art. I. In General
Art. II. Administration
Art. III. Water
Div. 1 Generally
Div. 2 Service Permits
Div. 3 Service Distribution System
Div. 4 Fees and Charges
Div. 5 Water Rights
Div. 6 Water Conservation
Div. 7 Cross-Connection Control
Art. IV. Wastewater
Div. 1 Generally
Div. 2 Service Applications, Requirements, Permits
Div. 3 Collection System
Div. 4 Fees and Charges
Div. 5 Discharge Permits and Monitoring Regulations
Div. 6 Use Regulations
Div. 7 Enforcement
Art. V. Extension of Water and Wastewater Systems
Art. VI. Electric
Div. 1 Generally
Div. 2 Transmission Facilities
Div. 3 Electric Service
Div. 4 Rates, Fees and Charges
Art. VII. Stormwater Utility
Div. 1 Generally
Div. 2 Stormwater Fees
Div. 3 Stormwater Facilities
Art. VIII. Reserved
Art. IX. Utility Refund Programs
Div. 1 Generally
Div. 2 Water, Wastewater, Stormwater, Electric Utilities Refund Program
Div. 3 Deferral of Fees for Affordable Housing
Art. X. Utility Service Outside City Limits
Art. XI. Utility Line Installation
Div. 1 Generally
Div. 2 License
Art. XII. Utility Accounts, Billing and Collections
Art. I. In General
Art. II. Trees and Shrubbery
Div. 1 Generally
Div. 2 Permits and Licenses
Div. 3 Care and Protection
Chapter 28. Vehicles and Traffic
Art. I. In General
Art. II. Traffic
Art. III. Railroads
Chapter 29. Zoning/Land Use Regulations
Appendix A. College Addition Annexation (Colorado State University)
Art. I. First College Addition
Art. II. Second College Addition
Art. III. Third College Addition
Art. IV. Fourth College Addition
Art. V. Collection of Sales Tax
Tables
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