GEORGETOWN MUNICIPAL CODE

2018

A Codification of the General Ordinances
 
of the Town of Georgetown, Colorado

PREFACE

The Town of Georgetown, a territorial town established in 1868, has published its Municipal Code in a format which features the following:

The Master Table of Contents is the table containing the name of each title and chapter, with reference to page location. Preceding each title is a title table of contents, also identifying the title, each chapter and each section by the subject name provided.

The code is organized by subject matter under an expandable three-factor decimal numbering system which is designed to facilitate supplementation without disturbing the numbering of existing provisions. Each section number designates, in sequence, the numbers of the title, chapter and section. Thus, Section 18.12.050 is Section .050, located in Chapter 12 of Title 18. In most instances, sections are numbered by tens (.010, .020, .030, etc.), leaving nine vacant positions between original sections to accommodate future provisions. Similarly, chapters and titles are numbered to provide for internal expansion.

The open chapter and page numbering system creates reserved chapter and page numbers for expansion or revision of the code without undue complication when changes are made to the code by supplementation.

In parentheses following each section is a legislative history identifying the specific sources for the provisions of that section. This legislative history is complemented by the Disposition of Ordinances Table, which 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 with 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.

Amendments to the Code are indicated by parenthetical history notes following amended provisions. Obvious misspellings and punctuation errors have been corrected without notation. Additions made for clarity are indicated by brackets.

ORDINANCE NO. 2, 2003
(Series of 2003)

AN ORDINANCE OF THE BOARD OF SELECTMEN FOR THE TOWN OF GEORGETOWN, COLORADO, ADOPTING AND REENACTING THE GEORGETOWN MUNICIPAL CODE; PROVIDING FOR THE REPEAL OF CERTAIN ORDINANCES NOT INCLUDED THEREIN; PROVIDING FOR THE ADOPTION AND READOPTION OF SECONDARY CODES BY REFERENCE; PROVIDING PENALTIES FOR VIOLATIONS 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 Board of Selectmen for Georgetown, Colorado, as follows:

Section 1. The Code entitled The Georgetown Municipal Code published by Colorado Code Publishing Company, consisting of Chapters 1 through 21, 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 Georgetown 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 codes were adopted and are hereby readopted by reference and incorporated in the Georgetown Municipal Code. One (1) copy of each is on file in the Town Clerk's office:

(1)

The Model Traffic Code for Colorado Municipalities , 1995 edition, published by the Colorado Department of Transportation, as adopted and amended in Section 10.04.010 et seq.;

(2)

The Uniform Building Code , 1991 edition, published by the International Conference of Building Officials, as adopted and amended in Section 15.04.010 et seq.;

(3)

The Uniform Mechanical Code , 1991 edition, published by the International Association of Plumbing and Mechanical Officials and the International Conference of Building Officials, as adopted and amended in Section 15.04.010 et seq.;

(4)

The Uniform Plumbing Code , 1991 edition, published by the International Association of Plumbing and Mechanical Officials, as adopted and amended in Section 15.04.010 et seq.;

(5)

The Uniform Code for the Abatement of Dangerous Buildings , 1991 edition, published by the International Conference of Building Officials, as adopted and amended in Section 15.04.010 et seq.;

(6)

The CABO - One- and Two-Family Dwelling Code, 1989 edition,published by the International Conference of Building Officials, as adopted and amended in Section 15.04.010 et seq.;

(7)

The Uniform Housing Code, 1991 edition, published by the International Conference of Building Officials, as adopted and amended in Section 15.04.010 et seq.; and

(8)

The Uniform Code for Building Conservation, 1991 edition, published by the International Conference of Building Officials, as adopted and amended in Section 15.04.010 et seq.   

Section 5. The following codes are hereby adopted by reference and incorporated in the Georgetown Municipal Code. One (1) copy of each is on file in the Town Clerk's office:

(1)

The National Electrical Code , 2002 edition, published by the National Fire Protection Association, as adopted in Section 15.04.010 et seq.; and

(2)

The Uniform Fire Code , 1997 edition, published by the International Fire Code Institute, as adopted and amended in Section 18-5-10 et seq.

Section 6. The penalties provided by the Municipal Code of the Town of Georgetown are hereby adopted as follows:

(1)

  ;hg;1.01.040  Penalty for altering copies of this Code. (Chapter 1.01, Code Adoption)

It shall be unlawful for any person, firm or corporation to change, amend, alter or tamper with, by additions or deletions, any part or portion of the Code, or to insert or delete pages or portions thereof, in any manner whatsoever which will cause the law of the Town of Georgetown to be misrepresented thereby; provided, however, that this Section shall not apply to additions, revisions or amendments duly passed and adopted by the Board of Selectmen, or to the editing or correction by the Town Attorney and/or Town Clerk of typographical, grammatical, formatting or similar nonsubstantive errors that may be discovered or occur from time to time within the Code. Any person, firm or corporation violating this Section shall be subject to the penalty provided in the penalty section of the official Code.

(2)

  ;hg;1.24.040  General prohibition and penalties; no imprisonment for noncriminal violations. (Chapter 1.24, General Penalty)

(a)

No person shall violate any provision of this Code, nor shall any person, with intent to promote or facilitate the commission of an offense, aid, abet or advise another person in planning or committing a violation of the Code.

(b)

Except where otherwise provided for by specific provision, all violations of this Code shall be deemed to be noncriminal and shall not be punished by imprisonment.

(c)

Except in cases where a different punishment is specifically prescribed, any person who violates any provision of this Code shall be punished as follows:

(1)

Violations of any criminal provision of the Code shall be punished by a fine in an amount not to exceed one thousand dollars ($1,000.00), or by a term of imprisonment not to exceed one (1) year, or both such fine and imprisonment.

(2)

Violations of any noncriminal provision of the Code or any noncriminal ordinance shall be punished by a fine in an amount not to exceed one thousand dollars ($1,000.00).

(d)

Each person shall be guilty of a separate offense for each and every day, or portion thereof, which any violation of any provision of the Code or an ordinance is committed, continued or permitted by such person, and such person shall be punished accordingly.

(3)

  ;hg;1.24.060  Failure to pay fine; insufficient funds checks. (Chapter 1.24, General Penalty)

(a)

Any person who in a criminal action has been sentenced to a fine under this Code and who fails to make full and timely payment of the fine upon demand may be taken into custody upon court order and imprisoned for a period not to exceed fifteen (15) days or until the fine is completely paid, whichever occurs first. Each hour of confinement shall count as the payment of one dollar ($1.00) of the fine. The Municipal Court Judge may stay imprisonment if the person in default promises to pay the fine in installments fixed by the Court. If such person then defaults on the payment of any installments, the stay of imprisonment shall be immediately lifted and the person imprisoned.

(b)

Any person who has been found guilty or liable for a noncriminal violation and against whom judgment has been rendered under this Code, and who falls to make full and timely payment of the judgment upon demand, shall be subject to any proceeding for satisfaction available under Colorado law, including, but not limited to, garnishment of funds and denial of renewal of driver's license pursuant to Section 42-4-1709(7)(a), C.R.S. Moreover, the Town Clerk may cause a delinquent judgment, inclusive of costs, to be certified to the Treasurer for Clear Creek County, to be collected and paid over in the same manner as real property taxes.

(c)

Any person who submits payment for a fine by personal or other check which cannot be processed for payment to the Town due to insufficient funds or other cause shall be assessed and required to reimburse and/or pay to the Town as additional court costs any bank fees, penalties or charges incurred by the Town arising from the failure of the check to be honored for payment.

(4)

  ;hg;1.24.080  Application of penalties to juveniles; subpoena of parents, etc. (Chapter 1.24, General Penalty)

A juvenile shall be subject to the penalties set forth in this Chapter for criminal violations of the Code subject to the following limitations:

(1)

A juvenile shall not be confined in a jail, lockup or other place used for the confinement of adults, but may be held in a juvenile detention facility operated by or under contract with the Department of Human Services, or a temporary holding facility operated by or under contract with the Town for the care of juveniles.

(2)

In imposing penalties for a violation of probation conditions or for contempt of court in connection with a violation or alleged violation of the Code, including a failure to comply with a lawful order of the Court, the Municipal Court may order confinement of a juvenile for up to forty-eight (48) hours in a juvenile detention facility operated by or under contract with the Department of Human Services pursuant to Section 19-2-508, C.R.S.

(3)

A juvenile may not be sentenced to a term of confinement in excess of ten (10) days for a violation of the Code, and the Municipal Court does not have authority to order a sentenced juvenile confined in a juvenile facility operated or contracted by the Department of Human Services.

(4)

Upon the request of the Municipal Court Judge, the Town Prosecutor or a defendant, the Clerk of the Municipal Court shall issue a subpoena for the appearance, at any and all stages of the Court's proceedings, of the parent, guardian or lawful guardian of any juvenile who is charged with a municipal offense. A failure to comply with a subpoena without good cause may subject a person to contempt proceedings.

(5)

Whenever a juvenile receives a summons or penalty assessment notice for any violation of the Code, the Clerk of the Municipal Court shall notify the juvenile's parent or legal guardian. A failure to provide such notice shall not in any way diminish or limit the jurisdiction of the Court over the juvenile or the Code violation.

(5)

  ;hg;3.12.100  Violation; penalty. (Chapter 3.12, Telephone Utility Tax)

If any firm, partnership, joint venture, association, corporation or company which is subject to the provisions of this Chapter fails, neglects or refuses to make any monthly installment payment in the manner prescribed in this Chapter, such firm, partnership, joint venture, association, corporation or company shall be guilty of a misdemeanor and, on conviction, shall be punished by a fine of not less than twenty-five dollars ($25.00) nor more than three hundred dollars ($300.00). Each day beyond the due date of the monthly installment payment shall constitute a separate and distinct misdemeanor.

(6)

  ;hg;5.16.050  Fines in lieu of license suspension or revocation. (Chapter 5.16, Liquor Licenses)

(a)

Whenever a decision of the Liquor Licensing Authority suspending a license for fourteen (14) days or less becomes final, whether by failure of the licensee to appeal the decision or by exhaustion of all appeals and judicial review, the licensee may, before the operative date of the suspension, petition the Authority for permission to pay a fine in lieu of having the license suspended for all or part of the suspension period. Upon the receipt of the petition, the Authority may, in its sole discretion, stay the proposed suspension and cause any investigation to be made which it deems desirable and may, in its sole discretion, grant the petition if it is satisfied:

(1)

That the public welfare and morals would not be impaired by permitting the retail licensee to operate during the period set for suspension and that the payment of the fine will achieve the desired disciplinary purposes;

(2)

That the books and records of the licensee are kept in such a manner that the loss of sales of alcoholic beverages which the licensee would have suffered had the suspension gone into effect can be determined with reasonable accuracy therefrom; and

(3)

That the licensee has not had his or her license suspended or revoked, nor had any suspension stayed by payment of a fine, during the two (2) years immediately preceding the date of the motion or complaint which has resulted in a final decision to suspend the retail license.

(b)

The fine accepted shall be equivalent to twenty percent (20%) of the licensee's estimated gross revenues from sales of alcoholic beverages during the period of the proposed suspension; except that the fine shall be not less than two hundred dollars ($200.00) nor more than five thousand dollars ($5,000.00).

(7)

  ;hg;6.56.040  Violations; penalties; penalty assessments. (Chapter 6.56, Enforcement)

(a)

It shall be unlawful for any person to violate the provisions of this Title. Except as specified below, violations of this Title shall constitute noncriminal offenses.

(b)

Violations of the following provisions of this Title shall be subject to the following mandatory minimum penalties:

Section	First Violation	Second and Subsequent Violations
6.08.040	$25.00	$ 50.00
6.12.050	25.00	50.00
6.16.050	25.00	50.00
6.20.010	35.00	75.00
6.28.020	50.00	100.00
6.32.020	50.00	100.00

 

(c)

Violations of the following provisions of this article shall constitute criminal violations subject to the following mandatory minimum penalties:

Section	First Violation	Second and Subsequent Violations
6.28.010	$75.00	$150.00
6.48.010	50.00	100.00
6.48.020	50.00	100.00
6.48.030	50.00	100.00
6.56.020	50.00	100.00

 

(d)

Violations of this Title not provided for in Subsections (b) or (c) above shall be subject to a mandatory minimum penalty of ten dollars ($10.00) for a first violation, and twenty dollars ($20.00) for a second violation. Violations beyond a second violation shall be subject to a penalty of thirty dollars ($30.00) plus ten dollars ($10.00) for each subsequent violation.

(e)

No animal shall be determined to be a vicious animal under Section 6.04.110, and no violation of Section 6.28.010 shall be determined or allowed, absent a hearing before the Municipal Court. Any person found to have violated, or who acknowledges guilt for having violated, Section 6.28.010 shall be required to pay the reasonable medical bills of any victim of the subject animal's vicious behavior, and to pay any other restitution as the Municipal Court may deem appropriate.

(f)

Any person who is issued a citation for violation of any provision of this Title may be offered a penalty assessment by the enforcement officer, except for alleged violations as listed in Subsection (c) above. The amount of any penalty assessment shall be the amount of the corresponding mandatory minimum fine for the violation at issue.

(8)

  ;hg;8.04.230  Violation; penalty. (Chapter 8.04, Nuisances)

(a)

It is unlawful for any person to create or cause a nuisance to exist on any property within the Town.

(b)

It is unlawful for any person to maintain or allow a nuisance to exist on his or her property, or on property to which he or she has a right of possession or control.

(c)

Any person convicted of or found liable for creating or maintaining any nuisance as provided for in this Chapter shall be subject to a fine up to one thousand dollars ($1,000.00) for each and every violation.

(9)

  ;hg;9.16.071  Disposition of confiscated weapons; penalty for weapons violations. (Chapter 9.16, Firearms)

(a)

It shall be the duty of every peace officer, upon making an arrest and taking a firearm or illegal or contraband substance from the person of the offender, to deliver or cause to be delivered the same to the Marshal, to be held in his or her custody until the final determination of the prosecution of said offense. The Marshal, or his or her authorized agent, shall dispose of weapons forfeited pursuant to this Chapter by destruction, sale or retention for department use in accordance with procedures and regulations of the Police Department. Any proceeds received from such sale shall, after deducting costs of other expenses of sale, be paid into the General Fund or such other fund as directed by the Board of Selectmen.

(b)

Any person violating any provisions of this Chapter shall be guilty of a misdemeanor and upon conviction shall be punished by a fine not to exceed one thousand dollars ($1,000.00) or by imprisonment not to exceed one (1) year, or by both such fine and imprisonment.

(10)

  ;hg;9.20.110  Possession of cannabis. (Chapter 9.20, Offenses Against Property)

(a)

Any person who possesses, transfers, cultivates, grows, produces, processes or manufactures or knowingly allows to be cultivated, grown, produced, processed or manufactured on land or real property owned, occupied or controlled by him or her, not more than one (1) ounce of cannabis concentrate or derivative is guilty of the offense of possession of cannabis.

(b)

The penalty for violation of this Section shall be by fine only, which shall not exceed one hundred dollars ($100.00) for each offense.

(11)

  ;hg;10.04.070  Penalties. (Chapter 10.04, Traffic Code)

(a)

It is unlawful for any person to violate any of the provisions of the Model Traffic Code for Colorado Municipalities (MTC), as amended by Section 10.04.020 above, or the traffic and vehicle ordinances contained in this Chapter. The penalties set forth below shall apply to such violations. Fines and surcharges shall be paid to the Clerk of the Municipal Court.

(b)

Minimum mandatory fine. Any person convicted of or found liable for any violation under the MTC or the traffic and vehicle ordinances in this Chapter shall be punished by a fine of not less than the amount of the penalty assessment as set forth in Section 10.04.080(c) for each violation for which the person is convicted. If no penalty assessment is set forth in Section 10.04.080(c) for a violation, then the minimum fine and surcharge for such violation shall be one hundred dollars ($100.00) and twelve dollars ($12.00), respectively. Minimum fines and surcharges are mandatory and shall not be suspended or reduced by any court, unless the court finds that extenuating circumstances and justice manifestly so require. The court may also stay the execution of any minimum mandatory fine and surcharge for no longer than ninety (90) days, or pending an appeal or a rehearing.

(c)

Maximum penalty.

(1)

In criminal traffic offense actions, the maximum penalty for each conviction is as set forth in Section 1.24.040(b)(1) of this Code, to wit, a fine not to exceed one thousand dollars ($1,000.00) or by a term of imprisonment not to exceed one (1) year, or both such fine and imprisonment.

(2)

In civil traffic infraction actions, the maximum penalty for each violation shall not exceed the amount set forth in Section 1.24.040(b)(2) of this Code, to wit, not more than one thousand dollars ($1,000.00).

(d)

Discretion within minimum and maximum penalties. For each violation of the MTC or a traffic or vehicle ordinance for which a defendant is found liable or convicted, the court may set a fine, or for criminal violations, a fine and imprisonment, so long as the fine is not less than the minimum set in Subsection (a) of this Section. The court may suspend any part of a term of imprisonment, as well as that part of a fine which exceeds the minimum set in Subsection (a) of this Section. Whenever a conviction or finding of liability after a trial is for a violation for which a penalty assessment is available under the schedule in Section 10.04.080(c), it is the policy of the Board of Selectmen that the penalty imposed by the court for that violation be no less severe than the twenty-day penalty assessment figure for that violation, unless extenuating circumstances and justice manifestly so require. The reason for this policy is to save judicial and administrative expenses by encouraging defendants to elect to pay penalty assessments.

(12)

  ;hg;10.04.080  Penalty assessment. (Chapter 10.04, Traffic Code)

(a)

Notice. Except as otherwise specifically provided, a peace officer shall issue a penalty assessment for all traffic infractions under the MTC, as amended by Section 10.04.020. Whenever a peace officer issues a summons and complaint for an alleged criminal traffic offense under the MTC which is listed in the schedule set forth in Subsection (c) of this Section, the peace officer may instead offer a penalty assessment notice. Notwithstanding the foregoing, no penalty assessment notice shall be issued or offered when: (1) the defendant exceeds the reasonable and prudent speed by more than twenty-four (24) miles per hour; or (2) the violation caused, or contributed to the cause, of an accident resulting in damage to property of another in an amount not less than two hundred dollars ($200.00), or in injury or death to any person; or (3) more than one (1) violation is alleged, one (1) or more of which are not specified in the penalty schedule set forth in this Section; or (4) when the officer issuing the notice knows, or reasonably believes, that the alleged violator or vehicle has been involved in a criminal violation of any law of the Town for which there has been a conviction in a court of competent jurisdiction, and for which the sentence or judgment (be it fine or imprisonment) remains as yet unsatisfied. No person shall be entitled to elect to pay a penalty assessment under Subsection (b) of this Section unless an offer of a penalty assessment notice has been made under this Subsection.

(b)

Election. Any person offered a penalty assessment notice under Subsection (a) above may elect to pay the penalty assessment and appropriate surcharge instead of proceeding to trial on the alleged violation. The amount of the penalty assessment and surcharge shall be as provided in the schedule set forth in Subsection (c) of this Section. Payment of a penalty assessment and corresponding surcharge constitutes complete satisfaction of the alleged violation if the prescribed payment is postmarked or received at Town Hall within twenty (20) days following service of a penalty assessment on the person for the alleged violation. Payment of a penalty assessment and surcharge constitutes an acknowledgment of liability for the violation described in the summons or citation. If the person offered a penalty assessment notice elects not to make full and timely payment thereunder, an action on the alleged violation shall proceed as otherwise provided by law.

(c)

Schedule. The following schedule sets forth the penalty assessments and surcharges which may be offered for violations of this Chapter and of the MTC. In the event a penalty assessment and surcharge is not paid within twenty (20) days following service thereof for a violation, the penalty assessment shall double unless the Municipal Court finds that extenuating circumstances and justice requires a lesser penalty.

Violation	If Paid Within 20 Days	Min. if Paid After 20 Days	Surcharge
General
MTC 109	$15.00	$30.00	$2.00
Equipment
MTC 201	35.00	70.00	4.00
MTC 202	35.00	70.00	4.00
MTC 204	15.00	30.00	2.00
MTC 205	15.00	30.00	2.00
MTC 206	15.00	30.00	2.00
MTC 207	15.00	30.00	2.00
MTC 208	15.00	30.00	2.00
MTC 209	15.00	30.00	2.00
MTC 210	15.00	30.00	2.00
MTC 211	15.00	30.00	2.00
MTC 212	15.00	30.00	2.00
MTC 213	15.00	30.00	2.00
MTC 214	15.00	30.00	2.00
MTC 215	15.00	30.00	2.00
MTC 216	15.00	30.00	2.00
MTC 217	15.00	30.00	2.00
MTC 218	15.00	30.00	2.00
MTC 219	15.00	30.00	2.00
MTC 220	15.00	30.00	2.00
MTC 221	15.00	30.00	2.00
MTC 222(l)	15.00	30.00	2.00
MTC 223	15.00	30.00	2.00
MTC 224	15.00	30.00	2.00
MTC 225	15.00	30.00	2.00
MTC 226	15.00	30.00	2.00
MTC 227(l)	50.00	100.00	6.00
MTC 227(2)	15.00	30.00	2.00
MTC 228(l), (2), (3), (5) or (6)	15.00	30.00	2.00
MTC 229	15.00	30.00	2.00
MTC 230	15.00	30.00	2.00
MTC 231	15.00	30.00	2.00
MTC 232	15.00	30.00	2.00
MTC 233	75.00	150.00	9.00
MTC 234	15.00	30.00	2.00
MTC 235	50.00	100.00	6.00
MTC 236	50.00	100.00	6.00
MTC 237	15.00	30.00	2.00
Size, Weight and Load
MTC 502	75.00	150.00	9.00
MTC 503	15.00	30.00	2.00
MTC 504	75.00	150.00	9.00
MTC 505	75.00	150.00	9.00
MTC 506	15.00	30.00	2.00
MTC 507	50.00	100.00	6.00
MTC 508	50.00	100.00	6.00
MTC 509	50.00	100.00	6.00
MTC 510(9)(a)	35.00	70.00	4.00
Signals, Signs and Markings
MTC 603	35.00	70.00	4.00
MTC 604	35.00	70.00	4.00
MTC 605	35.00	70.00	4.00
MTC 606	15.00	30.00	2.00
MTC 608	15.00	30.00	2.00
MTC 609	15.00	30.00	2.00
MTC 610	15.00	30.00	2.00
MTC 612	35.00	70.00	4.00
Rights-of-Way
MTC 701	35.00	70.00	4.00
MTC 702	35.00	70.00	4.00
MTC 703	35.00	70.00	4.00
MTC 704	35.00	70.00	4.00
MTC 705	35.00	70.00	4.00
MTC 706	35.00	70.00	4.00
MTC 707	35.00	70.00	4.00
MTC 708	35.00	70.00	4.00
MTC 709	35.00	70.00	4.00
MTC 710	35.00	70.00	4.00
MTC 711	35.00	70.00	4.00
Pedestrian
MTC 801	15.00	30.00	2.00
MTC 802	15.00	30.00	2.00
MTC 803	15.00	30.00	2.00
MTC 804	15.00	30.00	2.00
MTC 805	15.00	30.00	2.00
MTC 807	35.00	70.00	4.00
Turning and Stopping
MTC 901	35.00	70.00	4.00
MTC 902	35.00	70.00	4.00
MTC 903	35.00	70.00	4.00
Driving, Overtaking and Passing
MTC 1001	35.00	70.00	4.00
MTC 1002	35.00	70.00	4.00
MTC 1003	35.00	70.00	4.00
MTC 1004	35.00	70.00	4.00
MTC 1005	35.00	70.00	4.00
MTC 1006	35.00	70.00	4.00
MTC 1007	35.00	70.00	4.00
MTC 1008	35.00	70.00	4.00
MTC 1009	35.00	70.00	4.00
MTC 1010	35.00	70.00	4.00
MTC 1011	35.00	70.00	4.00
MTC 1012	50.00	100.00	6.00
Speeding
MTC 1101	15.00	30.00	2.00
(1-4 mph over limit)
MTC 1101	35.00	70.00	4.00
(5-9 mph over limit)
MTC 1101	50.00	100.00	6.00
(10-19 mph over limit)
MTC 1101	100.00	200.00	12.00
(20-24 mph over limit)
MTC 1101(3)	35.00	70.00	4.00
MTC 1103	15.00	30.00	2.00
MTC 1104	15.00	30.00	2.00
Parking
MTC 1201	15.00	30.00	2.00
MTC 1202	15.00	30.00	2.00
MTC 1204	15.00	30.00	2.00
MTC 1205	15.00	30.00	2.00
MTC 1206	15.00	30.00	2.00
MTC 1207	15.00	30.00	2.00
MTC 1208(6) or (7)	50.00	100.00	6.00
Other MTC Offenses
MTC 1403	15.00	30.00	2.00
MTC 1405	15.00	30.00	2.00
MTC 1407	35.00	70.00	4.00
MTC 1411	15.00	30.00	2.00
MTC 1412	15.00	30.00	2.00
MTC 1704	15.00	30.00	2.00
Motorcycles
MTC 1502	15.00	30.00	2.00
MTC 1503	15.00	30.00	2.00
MTC 1504	15.00	30.00	2.00
Georgetown Ordinances
G.M.C.
10.04.050	15.00	30.00	2.00
10.04.060	50.00	100.00	6.00
10.04.065(a)	30.00	60.00	4.00
10.04.065(b)(1)	30.00	60.00	4.00
10.04.065(b)(2)	500.00	600.00	36.00
10.04.065(e)(1) or (2)	30.00	60.00	4.00

 

(13)

  ;hg;10.12.010  Takeoffs and landings prohibited. (Chapter 10.12, Aircraft)

Subject to the exception contained in Section 10.12.020, all aircraft takeoffs and landings are prohibited within the municipal limits of the Town, and no owner or operator of any airplane or aircraft of any nature whatsoever shall take off or land within the municipal limits of the Town. If any owner or operator violates the provisions of this Chapter, it shall constitute a general misdemeanor and, upon conviction, said owner or operator may be fined one thousand dollars ($1,000.00) and/or imprisoned in jail for up to one (1) year.

(14)

  ;hg;12.24.130  Violation; penalty. (Chapter 12.24, Excavations)

It is unlawful for any person to excavate in the streets or alleys of the Town without first having obtained a permit as specified in this Chapter, and any person excavating in violation of this Chapter shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than one thousand dollars ($1,000.00).

(15)

  ;hg;13.04.080  Unauthorized connections. (Chapter 13.04, General Provisions)

No person shall connect to the sewer and/or water systems, or enlarge or otherwise change equipment, service or use of property, without prior payment of the appropriate system development fee and the approval of an application for service, inclusive of an inspection of the water and sewer-using premises and taps. Upon the discovery of any unauthorized connection, the then-current system development fees shall become immediately due and payable, and the property shall automatically be assessed an unauthorized connection penalty. The unauthorized connection penalty shall be equal to twice the then-current system development fee for such property. The Town shall send written notice to the owner who shall have ten (10) days from the date of the notice to pay the current system development fee. If that fee is paid within the ten-day period, fifty percent (50%) of the unauthorized connection penalty shall be waived by the Town. In the event the then-current system development fee is not paid within the ten-day period, a notice of service termination shall be sent and service may be disconnected. Once discontinued, service may be returned to the property only upon receipt by the Town of both the unauthorized connection penalty and the then-current system development fee, along with any turn-on/turn-off fees, service charges or any other charges that may be due. The Town may lien and foreclose on any property for which water and/or sewer fees have not been paid.

(16)

  ;hg;13.50.150  Violations and penalties. (Chapter 13.50, Watershed Protection District)

(a)

It shall be unlawful for any person to engage in or cause a violation of any provision of this Chapter or of any term or condition of any watershed permit, and such person shall be fined upon conviction thereof in an amount up to one thousand dollars ($1,000.00), and/or imprisoned up to one (1) year in jail.

(b)

Any development, activity, facility or structure which is continued, operated or maintained in violation of this Chapter or the terms and conditions of any watershed permit shall be subject to injunction, abatement and/or other appropriate legal remedy as may be sought and obtained by the Town, in which event the Town shall be entitled to recover its reasonable costs and attorney fees from the offending party or parties.

(c)

All penalties and remedies for violations of this Chapter shall be nonexclusive and cumulative, and the Town's pursuit and/or exercise of one (1) remedy or penalty shall not foreclose or prohibit the pursuit and exercise of alternative or other remedies.

(17)

  ;hg;13.60.070  Violations and penalties. (Chapter 13.60, Water Conservation)

(a)

Whenever a violation of this Chapter or a mandatory water conservation measure is observed, or whenever probable cause exists to believe a violation of this Chapter or a mandatory water conservation measure has occurred, a written notice shall be posted in a conspicuous place on the property where the violation is occurring or has occurred, and simultaneously sent by certified mail to the person or entity identified in the records of the Town as being the water service customer for the subject property. Said notice shall reasonably describe the violation and order that it be abated, corrected or cured either immediately or within such time as specified in the notice. A copy of the notice shall also be provided to the office of the Town Administrator; however, a failure to do so shall not invalidate or otherwise affect the notice. If the order is not timely complied with as specified in the notice, water service to the property upon which the violation occurred, or is occurring, may be disconnected.

(b)

Any person or entity wishing to contest a water service disconnection notice or order may appeal and seek a hearing concerning the same within ten (10) days of the date of the disconnection notice or a service disconnection. The request shall be submitted to the office of the Town Administrator in writing. The Town Administrator, or his or her authorized designee, shall promptly schedule and conduct a hearing on the appeal and render a decision thereon, which decision shall be final.

(c)

Violations of this Chapter shall be noncriminal in nature and punished by fine only. Any person found by the Municipal Court to have violated a provision of this section shall be fined not less than twenty-five dollars ($25.00) for a first offense, fifty dollars ($50.00) for a second offense, and one hundred dollars ($100.00) for a third offense committed within a twelve-month period. Any person found to have committed more than three (3) previous violations, regardless as to when such violations occurred, shall be fined not less than three hundred dollars ($300.00).

(d)

In addition to any other fee or penalty as authorized under the Municipal Code, a fee of one hundred dollars ($100.00) shall be paid for the reconnection of any water service disconnected pursuant to this Section.

(e)

Neither the issuance of a notice or correction order as authorized in this Chapter, nor a water user's compliance therewith, shall be a prerequisite or bar to the initiation of a prosecution in the Municipal Court for a violation of this Section, or to the commencement of any other proceeding in law or equity to abate or remedy a violation.

(18)

  ;hg;15.04.020  Penalties for violations of the uniform codes. (Chapter 15.04, Adoption of Technical Codes)

(a)

It shall be unlawful for any person, owner, occupant or contractor to erect, construct, enlarge, alter, repair, move, improve, remove, rehabilitate, convert, demolish, use, occupy, equip or maintain any building or structure in the Town, or cause the same to be done, contrary to or in violation of any of the provisions of this Title and the Town's building codes or regulations. Violations of this Section and the uniform codes adopted in this Title shall be punishable by a fine not to exceed one thousand dollars ($1,000.00) or a term of imprisonment not to exceed one (1) year, or both such fine and imprisonment. A separate offense shall be deemed committed for each day, or portion of a day, that a violation occurs or continues unabated.

(b)

The imposition of a penalty as provided in this Section shall not excuse a violation or permit it to continue, and all persons penalized may be required to correct or remedy the violation or defects within a reasonable time.

(19)

  ;hg;15.20.050  Penalties. (Chapter 15.20, Fire Code)

It shall be unlawful for any person to violate any provision of the fire code or fire safety regulations adopted by the Town and the Clear Creek Fire Authority, inclusive of the Uniform Fire Code, as amended, and any person found to have violated such codes or regulations shall be subject to a fine of not more than one thousand dollars ($1,000.00), or imprisonment for a term not to exceed one (1) year, or both such fine and imprisonment.

(20)

  ;hg;15.52.070  Penalties. (Chapter 15.52, Erosion and Runoff Regulations)

Violations of this Chapter shall be deemed noncriminal in nature and may be punished by the imposition of a fine up to one thousand dollars ($1000.00). Each day a violation shall continue shall be deemed a separate offense and be subject to a separate fine.

(21)

  ;hg;17.04.070  Enforcement and penalties. (Chapter 17.04, Introductory Provisions)

(a)

It shall be unlawful for any person, including an owner, occupant, builder or agent, to develop or use, or to attempt to develop or use, any real property in violation of the provisions of this Title, and violations of this Title shall be punishable upon conviction for each separate offense by a fine up to five hundred dollars ($500.00), or imprisonment up to ninety (90) days in jail, or by both such fine and imprisonment.

(22)

  ;hg;17.40.060  Financial warranties; area and bulk regulations; expiration of special use permits; revocation. (Chapter 17.40, Prospecting)

(d)

Violation of the provision of this Title or of any of the conditions of approval of the special use permit or official development plan shall result in revocation of the permit in addition to the other penalties that can be imposed.

(23)

  ;hg;17.44.060  Financial warranties; area and bulk regulations; expiration of special use permits; revocation. (Chapter 17.44, Development/Mining Operations)

(d)

Violation of the provision of this Title or of any of the conditions of approval of the special use permit or official development plan shall result in revocation of the permit in addition to the other penalties that can be imposed.

(24)

  ;hg;18.52.020  Repair or removal notice; notification of lien; certification by Town Clerk. (Chapter 18.52, Enforcement)

(c)

The amount certified by the Town Clerk to the County Treasurer for collection shall include the actual cost of repair or removal of the sign, plus twenty-five percent (25%) to cover administrative costs, penalties, collection costs and interest.

Section 7. Additions or amendments to the Code, when passed in the form as to indicate the intention of the Town 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 8. 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 9. This Ordinance shall become effective thirty (30) days after publication thereof.

INTRODUCED, READ, APPROVED AND ORDERED PUBLISHED AND POSTED ON FIRST READING on this 25th day of March, 2003.

INTRODUCED, SECOND READING and FINALLY ADOPTED AFTER PUBLIC HEARING on the 13th day of May, 2003.

TOWN OF GEORGETOWN, COLORADO

TOWN OF GEORGETOWN, COLORAD>

ATTEST:

	/s/ Lynn Granger       Lynn Granger, Police Judge

/s/ Phyllis Mehrer       Phyllis Mehrer, Town Clerk

(SEAL)

APPROVED AS TO FORM:

/s/ Edward Caswall       Edward Caswall, Town Attorney

Publication/Posting

•  Published by title only in a newspaper of general circulation within Georgetown and posted in full at three conspicuous places within the Town for two continuous days after approval on first reading;
 
and

•  Published in full in a newspaper of general circulation within Georgetown and posted in full in three conspicuous places within the Town for two continuous days after final adoption.

ATTEST:

/s/ Phyllis Mehrer       Phyllis Mehrer, Town Clerk