reglab/statecodes huggingface dataset:
2023 Colorado Revised Statutes › Title 31 - GOVERNMENT - MUNICIPAL (§§ 31-1-101 — 31-35-712) › ANNEXATION - CONSOLIDATION - DISCONNECTION (§§ 31-12-101 — 31-12-707) › Article 12 - ANNEXATION - CONSOLIDATION - DISCONNECTION (§§ 31-12-101 — 31-12-707) › Part 6 - DISCONNECTION BY COURT DECREE - STATUTORY CITIES (§§ 31-12-601 — 31-12-605) › Section 31-12-603 - Hearing - decree - proviso

(1)
Upon the filing of such petition in the district court, the judge thereof shall set a date for a hearing, not less than forty days nor more than sixty days thereafter. It is the duty of the clerk of said court to cause a copy of such petition and a notice of the date and the time set for such hearing to be served upon the mayor of the city. The same shall be served at least thirty days prior to the hearing of such petition by the court. Upon the hearing and proof of the facts set forth in said petition, it shall be determined whether said tracts of land should be disconnected from such city, and the court shall enter an order or decree accordingly. When a city has maintained streets, lights, and other public utilities for a period of three years through or adjoining said tracts of land, the owners shall not be entitled to disconnect the land under the provisions of this part 6.
(2)
If an area has been annexed to a city for a period of two years and then successful action is undertaken to disconnect such area, the disconnected land shall be made subject to the applicable county's zoning resolution and map and other land development regulations within ninety days after the effective date of the disconnection as described in section
31-12-501(5)
.
Amended by 2020 Ch. 99,§ 2, eff. 9/1/2020.
L. 75: Entire title R&RE, p. 1102, § 1, effective July 1.
This section is similar to former § 31-8-403 as it existed prior to 1975.
2020 Ch. 99, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
2023 Colorado Revised Statutes › Title 31 - GOVERNMENT - MUNICIPAL (§§ 31-1-101 — 31-35-712) › ANNEXATION - CONSOLIDATION - DISCONNECTION (§§ 31-12-101 — 31-12-707) › Article 12 - ANNEXATION - CONSOLIDATION - DISCONNECTION (§§ 31-12-101 — 31-12-707) › Part 6 - DISCONNECTION BY COURT DECREE - STATUTORY CITIES (§§ 31-12-601 — 31-12-605) › Section 31-12-604 - Lands subject to tax for prior indebtedness

The land so disconnected is not exempt from the payment of any taxes lawfully assessed against it for the purpose of paying any indebtedness lawfully contracted by the governing body of such city while such land was within the limits thereof and which remains unpaid and for the payment of which said land could be lawfully taxed.
L. 75: Entire title R&RE, p. 1102, § 1, effective July 1.
This section is similar to former § 31-8-404 as it existed prior to 1975.
2023 Colorado Revised Statutes › Title 31 - GOVERNMENT - MUNICIPAL (§§ 31-1-101 — 31-35-712) › ANNEXATION - CONSOLIDATION - DISCONNECTION (§§ 31-12-101 — 31-12-707) › Article 12 - ANNEXATION - CONSOLIDATION - DISCONNECTION (§§ 31-12-101 — 31-12-707) › Part 6 - DISCONNECTION BY COURT DECREE - STATUTORY CITIES (§§ 31-12-601 — 31-12-605) › Section 31-12-605 - Copy of decree filed

Two copies of the order or decree of said court disconnecting any land described in said petition from any city, certified by the clerk of said court, shall be filed for record in the office of the county clerk and recorder of the county in which such disconnected land, or any part thereof, is situated. The county clerk and recorder shall file the second certified copy with the division of local government in the department of local affairs, as provided by section
24-32-109
, C.R.S. Such record or a copy of such order or decree, certified by the clerk of said court, shall be proof of the disconnection of such land.
L. 75: Entire title R&RE, p. 1102, § 1, effective July 1.
This section is similar to former § 31-8-405 as it existed prior to 1975.
2023 Colorado Revised Statutes › Title 31 - GOVERNMENT - MUNICIPAL (§§ 31-1-101 — 31-35-712) › ANNEXATION - CONSOLIDATION - DISCONNECTION (§§ 31-12-101 — 31-12-707) › Article 12 - ANNEXATION - CONSOLIDATION - DISCONNECTION (§§ 31-12-101 — 31-12-707) › Part 7 - DISCONNECTION BY COURT DECREE - STATUTORY TOWNS (§§ 31-12-701 — 31-12-707) › Section 31-12-701 - Part 7 relates to towns only

This part 7 shall relate to towns only and shall not be construed to affect the disconnection of area from cities.
L. 75: Entire title R&RE, p. 1102, § 1, effective July 1.
This section is similar to former § 31-8-501 as it existed prior to 1975.
2023 Colorado Revised Statutes › Title 31 - GOVERNMENT - MUNICIPAL (§§ 31-1-101 — 31-35-712) › ANNEXATION - CONSOLIDATION - DISCONNECTION (§§ 31-12-101 — 31-12-707) › Article 12 - ANNEXATION - CONSOLIDATION - DISCONNECTION (§§ 31-12-101 — 31-12-707) › Part 7 - DISCONNECTION BY COURT DECREE - STATUTORY TOWNS (§§ 31-12-701 — 31-12-707) › Section 31-12-702 - Petition court to disconnect from town

When a tract or two or more contiguous tracts of agricultural or farm land aggregating twenty or more acres in area are embraced within the corporate limits of any town, the outer boundary of which acreage is adjacent to or upon the border of said town, the owners of said tracts of land may petition the district court for the county in which such land is situated to have the same disconnected from said incorporated town. Intersecting highways or intervening railroads shall not render said tracts of land noncontiguous or nonadjacent.
L. 75: Entire title R&RE, p. 1102, § 1, effective July 1.
This section is similar to former § 31-8-502 as it existed prior to 1975.
2023 Colorado Revised Statutes › Title 31 - GOVERNMENT - MUNICIPAL (§§ 31-1-101 — 31-35-712) › ANNEXATION - CONSOLIDATION - DISCONNECTION (§§ 31-12-101 — 31-12-707) › Article 12 - ANNEXATION - CONSOLIDATION - DISCONNECTION (§§ 31-12-101 — 31-12-707) › Part 7 - DISCONNECTION BY COURT DECREE - STATUTORY TOWNS (§§ 31-12-701 — 31-12-707) › Section 31-12-703 - Petition - contents

(1)
The petition shall contain the following:
(a)
An allegation that such tracts of land contain in the aggregate an area of twenty or more acres of agricultural or farm land upon or adjacent to the border of said town;
(b)
An allegation that the petitioners are the owners thereof;
(c)
The description of the land;
(d)
An allegation that no part of such area has been platted into lots or blocks as a part of or an addition to said town or, if so platted, that such plat has been vacated within a period of three years after the area was included within the boundaries of the town. The time limit provided in this paragraph (d) shall not apply to lands within towns that were incorporated prior to January 1, 1930.
(e)
An allegation that all taxes or assessments lawfully due and payable upon said land up to the time of the presentation of said petition are fully paid;
(f)
A representation that, for a period of six years after the effective date of disconnection, said tracts will not be subdivided into lots or plots of smaller area than is required during said period for lots within said town adjoining said tracts under the applicable ordinances or regulations of the town from which disconnection is sought and will not be used during said period for industrial or commercial use if during said period the applicable ordinances of the town from which disconnection is sought prohibits such use in the area within said town adjoining such tracts.
(2)
Any decree of disconnection entered pursuant to this part 7 shall restrict the use of the land in the manner set forth in paragraph (f) of subsection (1) of this section, but such restrictions shall not continue to apply to any land which, within six years after the effective date of the disconnection, is annexed back into the town.
L. 75: Entire title R&RE, p. 1103, § 1, effective July 1.
This section is similar to former § 31-8-503 as it existed prior to 1975.
2023 Colorado Revised Statutes › Title 31 - GOVERNMENT - MUNICIPAL (§§ 31-1-101 — 31-35-712) › ANNEXATION - CONSOLIDATION - DISCONNECTION (§§ 31-12-101 — 31-12-707) › Article 12 - ANNEXATION - CONSOLIDATION - DISCONNECTION (§§ 31-12-101 — 31-12-707) › Part 7 - DISCONNECTION BY COURT DECREE - STATUTORY TOWNS (§§ 31-12-701 — 31-12-707) › Section 31-12-704 - Hearing - decree - proviso

Upon the filing of such petition in the district court, the judge shall set a date for a hearing, not less than forty days nor more than sixty days thereafter. The clerk of the court shall serve a copy of the petition and a notice of the date and the time set for such hearing upon the mayor of the town. The same must be served at least thirty days prior to the hearing on such petition by the court. Upon the hearing and proof of the facts set forth in such petition, the court shall determine whether the tracts of land should be disconnected from the town, and the judge shall enter an order or decree accordingly. When a town has improved any of the highways passing through or adjoining said tracts of land by the construction and maintenance by the town of any special improvements along, under, or over the same for a period of more than two years prior to the presentation of the petition, the petitioners are not entitled to disconnect the land under the provisions of this part 7. Any disconnected land shall be made subject to the applicable county's zoning resolution and map and other land development regulations within ninety days after the effective date of the disconnection as described in section
31-12-501(5)
.
Amended by 2020 Ch. 99,§ 3, eff. 9/1/2020.
L. 75: Entire title R&RE, p. 1103, § 1, effective July 1.
This section is similar to former § 31-8-504 as it existed prior to 1975.
2020 Ch. 99, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
2023 Colorado Revised Statutes › Title 31 - GOVERNMENT - MUNICIPAL (§§ 31-1-101 — 31-35-712) › ANNEXATION - CONSOLIDATION - DISCONNECTION (§§ 31-12-101 — 31-12-707) › Article 12 - ANNEXATION - CONSOLIDATION - DISCONNECTION (§§ 31-12-101 — 31-12-707) › Part 7 - DISCONNECTION BY COURT DECREE - STATUTORY TOWNS (§§ 31-12-701 — 31-12-707) › Section 31-12-705 - Land not exempt from prior taxes

The land so disconnected shall not be exempt from the payment of any taxes lawfully assessed against it for the purpose of paying any indebtedness lawfully contracted by the governing body of said town while said land was within the limits thereof and which remains unpaid and for the payment of which said land could be lawfully taxed.
L. 75: Entire title R&RE, p. 1104, § 1, effective July 1.
This section is similar to former § 31-8-505 as it existed prior to 1975.
2023 Colorado Revised Statutes › Title 31 - GOVERNMENT - MUNICIPAL (§§ 31-1-101 — 31-35-712) › ANNEXATION - CONSOLIDATION - DISCONNECTION (§§ 31-12-101 — 31-12-707) › Article 12 - ANNEXATION - CONSOLIDATION - DISCONNECTION (§§ 31-12-101 — 31-12-707) › Part 7 - DISCONNECTION BY COURT DECREE - STATUTORY TOWNS (§§ 31-12-701 — 31-12-707) › Section 31-12-706 - Land subject to tax for prior indebtedness

When the governing body of such town levies a tax upon the property within such town for the purpose of paying such indebtedness or any part thereof and interest thereon, such governing body shall have the authority to levy a tax at the same rate and for the same purpose on the land so disconnected. The county treasurer shall pay over to such town all moneys collected by him on account of such tax, to be applied only to the payment of such indebtedness. In case the owner of any land so disconnected pays off and discharges a portion of such indebtedness equal in amount to the same proportion of the indebtedness which the valuation for assessment of his land bears to the entire valuation for assessment of all the property subject to taxation for the payment of such indebtedness, calculated according to the last assessment previous to such payment, said land shall be exempted from further taxation to pay such indebtedness. Upon such payment being made, the canceled bonds or other evidences of payment of such portion of said indebtedness shall be deposited with the treasurer of such town, and a certificate shall be given by him stating that such payment has been made.
L. 75: Entire title R&RE, p. 1104, § 1, effective July 1.
This section is similar to former § 31-8-506 as it existed prior to 1975.
2023 Colorado Revised Statutes › Title 31 - GOVERNMENT - MUNICIPAL (§§ 31-1-101 — 31-35-712) › ANNEXATION - CONSOLIDATION - DISCONNECTION (§§ 31-12-101 — 31-12-707) › Article 12 - ANNEXATION - CONSOLIDATION - DISCONNECTION (§§ 31-12-101 — 31-12-707) › Part 7 - DISCONNECTION BY COURT DECREE - STATUTORY TOWNS (§§ 31-12-701 — 31-12-707) › Section 31-12-707 - Decree recorded - proof

Two copies of the order or decree of said district court disconnecting any land described in said petition from any town, certified by the clerk of said district court, shall be filed for record in the office of the county clerk and recorder of the county in which such disconnected land is situated. The county clerk and recorder shall file the second certified copy with the division of local government in the department of local affairs, as provided by section
24-32-109
, C.R.S. Such record or a copy of such order or decree, certified by the clerk of said district court, shall be proof of the disconnection of such land.
L. 75: Entire title R&RE, p. 1104, § 1, effective July 1.
This section is similar to former § 31-8-507 as it existed prior to 1975.
2023 Colorado Revised Statutes › Title 31 - GOVERNMENT - MUNICIPAL (§§ 31-1-101 — 31-35-712) › POWERS AND FUNCTIONS OF CITIES AND TOWNS (§§ 31-15-101 — 31-35-712) › Article 15 - EXERCISE OF MUNICIPAL POWERS (§§ 31-15-101 — 31-15-1101) › Part 1 - VESTING OF CORPORATE POWERS (§§ 31-15-101 — 31-15-104) › Section 31-15-101 - Municipalities bodies politic - powers

(1)
Municipalities:
(a)
Shall be bodies politic and corporate, under such name as they are organized;
(b)
May sue or be sued;
(c)
May enter into contracts;
(d)
May acquire, hold, lease, and dispose of property, both real and personal;
(e)
May have a common seal which they may alter at their pleasure; and
(f)
May accept the transfer of federal land for public purposes, including but not limited to municipal expansion and residential purposes.
(2)
All such municipalities shall have the powers, authority, and privileges granted by this title and by any other law of this state together with such implied and incidental powers, authority, and privileges as may be reasonably necessary, proper, convenient, or useful to the exercise thereof. All such powers, authority, and privileges are subject to the restrictions and limitations provided for in this title and in any other law of this state.
(3)
Each municipality may coordinate, pursuant to
43 U.S.C. sec. 1712
, the "National Environmental Policy Act of 1969",
42 U.S.C. sec. 4321
et seq.,
40 U.S.C. sec. 3312
,
16 U.S.C. sec. 530
,
16 U.S.C. sec. 1604
, and 40 CFR parts 1500 to 1508, with the United States secretary of the interior and the United States secretary of agriculture to develop management plans that address hazardous fuel removal and other forest management practices, water development and conservation measures, watershed protection, public utilities protection, private property protection, and the protection of air quality on federal lands within such municipality's jurisdiction.
L. 75: Entire title R&RE, p. 1104, § 1, effective July 1. L. 76: (1)(f) added, p. 697, § 1, effective April 6. L. 2003: (3) added, p. 1037, § 11, effective April 17.
This section is similar to former §§ 31-12-201 and 31-12-202 as they existed prior to 1975.
For the legislative declaration contained in the 2003 act enacting subsection (3), see section 1 of chapter 145, Session Laws of Colorado 2003.
2023 Colorado Revised Statutes › Title 31 - GOVERNMENT - MUNICIPAL (§§ 31-1-101 — 31-35-712) › POWERS AND FUNCTIONS OF CITIES AND TOWNS (§§ 31-15-101 — 31-35-712) › Article 15 - EXERCISE OF MUNICIPAL POWERS (§§ 31-15-101 — 31-15-1101) › Part 1 - VESTING OF CORPORATE POWERS (§§ 31-15-101 — 31-15-104) › Section 31-15-102 - Review without bond

In all actions, suits, and proceedings in any court in this state in which a municipality of this state is a party, such municipality may take an appeal, as provided by law and the Colorado appellate rules, without giving bond.
L. 75: Entire title R&RE, p. 1105, § 1, effective July 1.
This section is similar to former § 31-19-101 as it existed prior to 1975.
2023 Colorado Revised Statutes › Title 31 - GOVERNMENT - MUNICIPAL (§§ 31-1-101 — 31-35-712) › POWERS AND FUNCTIONS OF CITIES AND TOWNS (§§ 31-15-101 — 31-35-712) › Article 15 - EXERCISE OF MUNICIPAL POWERS (§§ 31-15-101 — 31-15-1101) › Part 1 - VESTING OF CORPORATE POWERS (§§ 31-15-101 — 31-15-104) › Section 31-15-103 - Making of ordinances

Municipalities shall have power to make and publish ordinances not inconsistent with the laws of this state, from time to time, for carrying into effect or discharging the powers and duties conferred by this title which are necessary and proper to provide for the safety, preserve the health, promote the prosperity, and improve the morals, order, comfort, and convenience of such municipality and the inhabitants thereof not inconsistent with the laws of this state.
L. 75: Entire title R&RE, p. 1105, § 1, effective July 1.
This section is similar to former § 31-12-301 as it existed prior to 1975.
2023 Colorado Revised Statutes › Title 31 - GOVERNMENT - MUNICIPAL (§§ 31-1-101 — 31-35-712) › POWERS AND FUNCTIONS OF CITIES AND TOWNS (§§ 31-15-101 — 31-35-712) › Article 15 - EXERCISE OF MUNICIPAL POWERS (§§ 31-15-101 — 31-15-1101) › Part 1 - VESTING OF CORPORATE POWERS (§§ 31-15-101 — 31-15-104) › Section 31-15-104 - Powers not exclusive

The enumeration of the powers set forth in this title shall not be construed to limit the exercise of any other power granted to municipalities by the provisions of any other law of this state.
L. 75: Entire title R&RE, p. 1105, § 1, effective July 1.
2023 Colorado Revised Statutes › Title 31 - GOVERNMENT - MUNICIPAL (§§ 31-1-101 — 31-35-712) › POWERS AND FUNCTIONS OF CITIES AND TOWNS (§§ 31-15-101 — 31-35-712) › Article 15 - EXERCISE OF MUNICIPAL POWERS (§§ 31-15-101 — 31-15-1101) › Part 2 - GENERAL ADMINISTRATIVE POWERS (§ 31-15-201) › Section 31-15-201 - Administrative powers

(1)
The governing bodies in municipalities shall have the following general powers in relation to the administration of the municipality's affairs:
(a)
To fill, by appointment, any vacancy occurring by death, removal, or resignation of any member of the governing body. Such appointee shall receive a majority vote of the remaining members of the governing body and shall hold his office only until the next regular election when the vacancy shall be filled by election as in other cases.
(b)
To provide by ordinance for the appointment, term of office, removal, powers, duties, and compensation of all officers not otherwise provided for and of all employees;
(c)
To appoint a board of health and prescribe its powers and duties;
(d)
To provide for the taking of the municipal census, but no such census shall be taken by authority of the governing body more often than once between the years prescribed by law for the United States census to be taken;
(e)
To provide by ordinance that all the paper, printing, stationery, blanks, fuel, and all the supplies needed for the use of the municipality shall be furnished by contract let to the lowest bidder;
(f)
To organize, own, operate, control, direct, manage, contract for, or furnish ambulance service;
(g)
To provide for the management and operation of any municipally owned hospital by any entity, public or private, profit or nonprofit, which the municipality determines will provide adequate and efficient administration for the operation of such hospital and to enter into contracts relating to such municipally owned hospital as authorized by part 1 of article
3
of title
25.5
, C.R.S.;
(h)
To authorize the use of electronic records or signatures and adopt rules, standards, policies, and procedures for use of electronic records or signatures pursuant to article
71.3
of title
24
, C.R.S.;
(i)
To establish an affordable housing dwelling unit advisory board for the municipality in accordance with the requirements of article
26
of title
29
, C.R.S.
L. 75: Entire title R&RE, p. 1105, § 1, effective July 1. L. 77: (1)(f) added, p. 1285, § 4, effective 1/1/1978. L. 79: (1)(g) added, p. 836, § 5, effective June 21. L. 83: (1)(g) amended, p. 1146, § 4, effective July 1. L. 89: (1)(g) amended, p. 1005, § 9, effective October 1. L. 91: (1)(g) amended, p. 588, § 12, effective October 1. L. 99: (1)(h) added, p. 1348, § 7, effective July 1. L. 2001: (1)(i) added, p. 977, § 3, effective August 8. L. 2002: (1)(h) amended, p. 858, § 8, effective May 30. L. 2006: (1)(g) amended, p. 2022, § 115, effective July 1.
The provisions of this section are similar to provisions of several former sections as they existed prior to 1975.
2023 Colorado Revised Statutes › Title 31 - GOVERNMENT - MUNICIPAL (§§ 31-1-101 — 31-35-712) › POWERS AND FUNCTIONS OF CITIES AND TOWNS (§§ 31-15-101 — 31-35-712) › Article 15 - EXERCISE OF MUNICIPAL POWERS (§§ 31-15-101 — 31-15-1101) › Part 3 - GENERAL FINANCIAL POWERS (§§ 31-15-301 — 31-15-302) › Section 31-15-301 - Definitions

As used in this part 3, unless the context otherwise requires:
(1)
"Net effective interest rate" of a proposed issue of bonds means the net interest cost of said issue divided by the sum of the products derived by multiplying the principal amount of such issue maturing on each maturity date by the number of years from the date of said proposed bonds to their respective maturities.
(2)
"Net interest cost" of a proposed issue of bonds means the total amount of interest to accrue on said bonds from their date of issuance to their respective maturities plus the amount of any discount below par or less the amount of any premium above par at which said bonds are being or have been sold. In all cases the net effective interest rate and net interest cost shall be computed without regard to any option of redemption prior to the designated maturity dates of the bonds.
L. 75: Entire title R&RE, p. 1105, § 1, effective July 1.
The provisions of this section are similar to several former provisions of §
31-12-101(7)(e)(I) and (7)(e)(II)
as they existed prior to 1975.
2023 Colorado Revised Statutes › Title 31 - GOVERNMENT - MUNICIPAL (§§ 31-1-101 — 31-35-712) › POWERS AND FUNCTIONS OF CITIES AND TOWNS (§§ 31-15-101 — 31-35-712) › Article 15 - EXERCISE OF MUNICIPAL POWERS (§§ 31-15-101 — 31-15-1101) › Part 4 - POLICE REGULATIONS (§§ 31-15-401 — 31-15-407) › Section 31-15-402 - Liability for violation of nuisance ordinance

(1)
If a municipality serves upon an owner and tenant of real property notice of a violation of a nuisance ordinance committed by a tenant on property that the owner rents or leases to a tenant, the owner shall have the right to deliver written notice to the tenant to abate the nuisance. If the tenant does not abate the nuisance within five days after delivery of the notice, the owner may enter the exterior area of the property and abate the nuisance.
(2)
This section shall not be construed to prohibit a property owner from entering any area of the property under the terms of the lease with the tenant.
(3)
If the abatement of a nuisance pursuant to this section requires the removal of a motor vehicle from the property, the property owner may abate the nuisance only by hiring a towing carrier, as defined in section
40-10.1-101
, C.R.S., to take the vehicle to a lot for storage under appropriate protection.
(4)
Unless the lease provides otherwise, the tenant shall be liable to the owner of the real property for the amount of the owner's direct costs in abating a nuisance pursuant to this section and for the amount of the fine imposed upon the owner on and after the date on which the tenant received notice of the nuisance from the municipality pursuant to section
31-15-401 (1)(c)
.
(5)
Nothing in this section shall be construed to limit a tenant's legal remedies for harm caused by a property owner to the tenant's person or to the tenant's property other than the property that is the subject of an abatement pursuant to this section.
L. 2005: Entire section added, p. 550, § 2, effective 1/1/2006. L. 2011: (3) amended, (HB 11 - 11 98), ch. 127, p. 418, § 10, effective August 10.
2023 Colorado Revised Statutes › Title 31 - GOVERNMENT - MUNICIPAL (§§ 31-1-101 — 31-35-712) › POWERS AND FUNCTIONS OF CITIES AND TOWNS (§§ 31-15-101 — 31-35-712) › Article 15 - EXERCISE OF MUNICIPAL POWERS (§§ 31-15-101 — 31-15-1101) › Part 4 - POLICE REGULATIONS (§§ 31-15-401 — 31-15-407) › Section 31-15-403 - Prohibition against the use of restraints on pregnant women in custody

A municipality that chooses to establish and operate a jail, as authorized in section
31-15-401 (1)(j)
, shall comply with the provisions of section
17-26-104.7
, C.R.S., concerning the use of restraints on pregnant women in custody.
L. 2010: Entire section added, (SB 10 -193), ch. 312, p. 1468, § 5, effective 1/1/2011.
2023 Colorado Revised Statutes › Title 31 - GOVERNMENT - MUNICIPAL (§§ 31-1-101 — 31-35-712) › POWERS AND FUNCTIONS OF CITIES AND TOWNS (§§ 31-15-101 — 31-35-712) › Article 15 - EXERCISE OF MUNICIPAL POWERS (§§ 31-15-101 — 31-15-1101) › Part 4 - POLICE REGULATIONS (§§ 31-15-401 — 31-15-407) › Section 31-15-404 - Menstrual hygiene products for a person in custody

A municipality that chooses to establish and operate a jail, as authorized in section
31-15-401(1)(j)
, shall comply with the provisions of section
17-26-104.3
concerning the provision of menstrual hygiene products to a person in custody at no expense to the person in custody.
Added by 2019 Ch. 131,§ 6, eff. 4/25/2019.
L. 2019: Entire section added, (HB 19-1224), ch. 589, p. 589, § 6, effective April 25.
For the legislative declaration in HB 19-1224, see section 1 of chapter 131, Session Laws of Colorado 2019.
2023 Colorado Revised Statutes › Title 31 - GOVERNMENT - MUNICIPAL (§§ 31-1-101 — 31-35-712) › POWERS AND FUNCTIONS OF CITIES AND TOWNS (§§ 31-15-101 — 31-35-712) › Article 15 - EXERCISE OF MUNICIPAL POWERS (§§ 31-15-101 — 31-15-1101) › Part 4 - POLICE REGULATIONS (§§ 31-15-401 — 31-15-407) › Section 31-15-405 - Opioid treatment for a person in custody

A municipality that chooses to establish and operate a jail, as authorized in section
31-15-401(1)(j)
, is strongly encouraged to comply with the provisions of section
17-26-104.9
concerning opioid treatment for a person in custody.
Added by 2020 Ch. 288,§4, eff. 9/14/2020.
L. 2020: Entire section added, (HB 20-1017), ch. 1424, p. 1424, § 4, effective September 14.
2023 Colorado Revised Statutes › Title 31 - GOVERNMENT - MUNICIPAL (§§ 31-1-101 — 31-35-712) › POWERS AND FUNCTIONS OF CITIES AND TOWNS (§§ 31-15-101 — 31-35-712) › Article 15 - EXERCISE OF MUNICIPAL POWERS (§§ 31-15-101 — 31-15-1101) › Part 4 - POLICE REGULATIONS (§§ 31-15-401 — 31-15-407) › Section 31-15-406 - Incarceration of a person with the capacity for pregnancy

A municipality that chooses to establish and operate a jail, as authorized in section
31-15-401(1)(j)
, shall comply with the provisions of section
17-26-104.4
concerning the requirements of a facility that incarcerates persons who are capable of pregnancy.
Added by 2021 Ch. 433,§10, eff. 9/7/2021.
L. 2021: Entire section added, (SB 21-193), ch. 2866, p. 2866, § 10, effective September 7.
2021 Ch. 433, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
2023 Colorado Revised Statutes › Title 31 - GOVERNMENT - MUNICIPAL (§§ 31-1-101 — 31-35-712) › POWERS AND FUNCTIONS OF CITIES AND TOWNS (§§ 31-15-101 — 31-35-712) › Article 15 - EXERCISE OF MUNICIPAL POWERS (§§ 31-15-101 — 31-15-1101) › Part 4 - POLICE REGULATIONS (§§ 31-15-401 — 31-15-407) › Section 31-15-407 - [Effective Until 8/7/2024] Access to criminal history record information - illicit massage businesses - human trafficking - definitions

(1)
As used in this section, unless the context otherwise requires, "illicit massage business" means a business that may provide massage but engages in human trafficking-related offenses, as described in sections
18-3-503
and
18-3-504
.
(2)
If acting under home rule authority, a municipality that adopts a resolution or ordinance to license a massage facility or prohibit activities to prevent the operation of illicit massage businesses that engage in human trafficking-related offenses, as described in section
30-15-401.4
, the municipal police department shall conduct a background check on the applicant's or licensee's criminal history record and provide the municipality information to determine whether the applicant or licensee is approved or denied for a license based on the criminal history record information.
Added by 2022 Ch. 439, § 2, eff. 8/10/2022.
2022 Ch. 439, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
This section is set out more than once due to postponed, multiple, or conflicting amendments.
2023 Colorado Revised Statutes › Title 31 - GOVERNMENT - MUNICIPAL (§§ 31-1-101 — 31-35-712) › POWERS AND FUNCTIONS OF CITIES AND TOWNS (§§ 31-15-101 — 31-35-712) › Article 15 - EXERCISE OF MUNICIPAL POWERS (§§ 31-15-101 — 31-15-1101) › Part 4 - POLICE REGULATIONS (§§ 31-15-401 — 31-15-407) › Section 31-15-407 - [Effective 8/7/2024] Statewide policy to prevent the operation of illicit massage businesses - background checks required - legislative declaration

(1)
The general assembly finds and declares that because preventing the operation of illicit massage businesses, as defined in section 30-15-401.4, is a matter of statewide concern and licensing and regulation of massage facilities is a matter of mixed statewide and local concern, it is necessary, appropriate, and in the best interest of all Coloradans to require, uniformly throughout the state as a matter of statewide policy, that every current and prospective operator, owner, and employee of a massage facility submit to a background check, as defined in section 30-15-401.4 (2)(a.5), which generally means a fingerprint-based criminal history record check as required by section 30-15-401.4.
(2)
In accordance with section 30-15-401.4 (3.5) and subject to the exception set forth in section 30-15-401.4 (3)(c), every statutory or home rule municipality shall establish a local process to ensure that required background checks are conducted in accordance with the requirements of section 30-15-401.4.
Amended by 2024 Ch. 462,§ 2, eff. 8/7/2024.
Added by 2022 Ch. 439, § 2, eff. 8/10/2022.
2024 Ch. 462, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
2022 Ch. 439, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
This section is set out more than once due to postponed, multiple, or conflicting amendments.
2023 Colorado Revised Statutes › Title 31 - GOVERNMENT - MUNICIPAL (§§ 31-1-101 — 31-35-712) › POWERS AND FUNCTIONS OF CITIES AND TOWNS (§§ 31-15-101 — 31-35-712) › Article 15 - EXERCISE OF MUNICIPAL POWERS (§§ 31-15-101 — 31-15-1101) › Section 31-15-603 - Charging station rules prohibited

(1)
Notwithstanding any authority granted to the governing body of a municipality by this part 6, the governing body of the municipality shall not adopt an ordinance or resolution prohibiting the installation of or utilization of electric vehicle charging stations unless the ordinance or resolution is narrowly drafted to address a bona fide safety concern. The governing body of the municipality shall not restrict parking based on a vehicle being a plug-in hybrid vehicle or plug-in electric vehicle.
(2)
A municipal official shall not prohibit the installation of or utilization of an electric vehicle charging station, or restrict parking based on a vehicle being a plug-in hybrid vehicle or plug-in electric vehicle, unless expressly authorized by ordinance or resolution.
(3)
Any ordinance or resolution promulgated by the governing body of a municipality that prohibits the installation of or utilization of electric vehicle charging stations, or that restricts parking based on a vehicle being a plug-in hybrid vehicle or plug-in electric vehicle, is subject to judicial review in a district court with jurisdiction over the municipality.
Added by 2023 Ch. 245,§ 9, eff. 5/23/2023.
2023 Colorado Revised Statutes › Title 31 - GOVERNMENT - MUNICIPAL (§§ 31-1-101 — 31-35-712) › POWERS AND FUNCTIONS OF CITIES AND TOWNS (§§ 31-15-101 — 31-35-712) › Article 15 - EXERCISE OF MUNICIPAL POWERS (§§ 31-15-101 — 31-15-1101) › Part 7 - PUBLIC PROPERTY AND IMPROVEMENTS (§§ 31-15-701 — 31-15-716) › Section 31-15-701 - Necessary buildings

The governing body of each municipality has the power to erect and care for all necessary public buildings for the use of the municipality.
L. 75: Entire title R&RE, p. 1113, § 1, effective July 1.
The provisions of this section are similar to several former provisions of §
31-12-101(19)
as they existed prior to 1975.
2023 Colorado Revised Statutes › Title 31 - GOVERNMENT - MUNICIPAL (§§ 31-1-101 — 31-35-712) › POWERS AND FUNCTIONS OF CITIES AND TOWNS (§§ 31-15-101 — 31-35-712) › Article 15 - EXERCISE OF MUNICIPAL POWERS (§§ 31-15-101 — 31-15-1101) › Part 7 - PUBLIC PROPERTY AND IMPROVEMENTS (§§ 31-15-701 — 31-15-716) › Section 31-15-703 - Improvements - petition - construction

(1)
When the owners of sixty percent of the frontage of the lots or lands adjacent to or abutting upon any street or alley or designated portion thereof petition the governing body in writing to construct a sewer, including a storm sewer, in said street or alley or require sidewalks to be constructed along said street or alley or designated portion thereof, it is the duty of the governing body to order said improvement to be made, to assess the cost of said improvement against the lots or lands adjacent to or abutting upon said sidewalk, street, or alley so improved, and to collect the assessment as provided in sections
31-15-401(1)(d)
and
31-15-704
.
(2)
When the governing body deems it necessary that any sewer, including a storm sewer, should be constructed, it shall construct the same, assess the cost thereof against the adjacent property, and collect the assessment as provided in sections
31-15-401(1)(d)
and
31-15-704
. When the governing body deems it necessary that any portion of a sidewalk, curb, and gutter be constructed or repaired, it may, on its own motion, order the same to be done, and if not constructed or repaired by the owner upon notice, the municipality may construct or repair the same, assess the costs thereof against the adjacent property owner, and collect the assessment as provided in sections
31-15-401(1)(d)
and
31-15-704
.
L. 75: Entire title R&RE, p. 1114, § 1, effective July 1.
This section is similar to former § 31-15-302 as it existed prior to 1975.
2023 Colorado Revised Statutes › Title 31 - GOVERNMENT - MUNICIPAL (§§ 31-1-101 — 31-35-712) › POWERS AND FUNCTIONS OF CITIES AND TOWNS (§§ 31-15-101 — 31-35-712) › Article 15 - EXERCISE OF MUNICIPAL POWERS (§§ 31-15-101 — 31-15-1101) › Part 7 - PUBLIC PROPERTY AND IMPROVEMENTS (§§ 31-15-701 — 31-15-716) › Section 31-15-704 - Collection of assessments

When the cost of any improvement provided for in sections
31-15-702(1)(b)
and
31-15-703
is assessed against the owners of adjacent or abutting property and the assessment is not paid within thirty days, the clerk shall certify said assessment to the treasurer of the county who shall extend said assessment upon his tax roll and collect it in the same manner as other taxes assessed upon said property.
L. 75: Entire title R&RE, p. 1114, § 1, effective July 1.
This section is similar to former § 31-15-303 as it existed prior to 1975.
2023 Colorado Revised Statutes › Title 31 - GOVERNMENT - MUNICIPAL (§§ 31-1-101 — 31-35-712) › POWERS AND FUNCTIONS OF CITIES AND TOWNS (§§ 31-15-101 — 31-35-712) › Article 15 - EXERCISE OF MUNICIPAL POWERS (§§ 31-15-101 — 31-15-1101) › Part 7 - PUBLIC PROPERTY AND IMPROVEMENTS (§§ 31-15-701 — 31-15-716) › Section 31-15-705 - Construction of highway - petition - notice - election - tax

Any municipality may aid in the construction and repair of any highway leading thereto by appropriating a portion of the highway tax belonging to said municipality, not exceeding fifty percent thereof annually, as provided in this section. When a petition signed by twenty of the registered electors of said municipality asking that the question of aiding in the construction or repair of any highway leading thereto be submitted to the registered electors thereof is presented to the governing body, the governing body immediately shall give notice of a special election. Said notice shall specify the date of such election, the particular highway proposed to be aided, and the proportion of the highway tax then levied and not expended or next thereafter to be levied to be appropriated. The election shall be conducted in accordance with the provisions of the "Colorado Municipal Election Code of 1965". The question on the ballot or voting machine tabs shall be "Appropriation" or "No appropriation". If a majority of the votes polled are for appropriation, the governing body may aid in the construction and repair of said highway to the extent of the appropriation in the same manner as they otherwise would if said highway were within the municipal limits of said municipality. No part of such highway tax shall be expended more than two miles from the limits of such municipality.
L. 75: Entire title R&RE, p. 1114, § 1, effective July 1.
This section is similar to former § 31-12-103 as it existed prior to 1975.
For the "Colorado Municipal Election Code of 1965", see article 10 of this title.
2023 Colorado Revised Statutes › Title 31 - GOVERNMENT - MUNICIPAL (§§ 31-1-101 — 31-35-712) › POWERS AND FUNCTIONS OF CITIES AND TOWNS (§§ 31-15-101 — 31-35-712) › Article 15 - EXERCISE OF MUNICIPAL POWERS (§§ 31-15-101 — 31-15-1101) › Part 7 - PUBLIC PROPERTY AND IMPROVEMENTS (§§ 31-15-701 — 31-15-716) › Section 31-15-706 - Railroad track

(1)
The governing body of each municipality has the power to grant the use of, or the right to lay down, any railroad track in any street of the municipality to any steam or street railroad company operating its cars, by any kind of mechanical motive power, only upon the written consent of the owners of the land representing more than one-half of the frontage of the street or so much thereof as is sought to be used for railroad purposes. No franchise shall be granted on that part of any street upon which any other company is operating cars without the written consent of a majority of the frontage owners in every block abutting the track already down upon said street.
(2)
The governing body of each municipality has the power to extend, by condemnation or otherwise, any street, alley, or highway over or across or to construct any sewer under or through any railroad track, right-of-way, or land of any railroad company within the corporate limits, but where no compensation is made to such railroad company, the municipality shall restore such railroad track, right-of-way, or land to its former state or in a sufficient manner not to have impaired its usefulness.
L. 75: Entire title R&RE, p. 1115, § 1, effective July 1.
This section is similar to former § 31-12-101 (75) and (76) as it existed prior to 1975.
2023 Colorado Revised Statutes › Title 31 - GOVERNMENT - MUNICIPAL (§§ 31-1-101 — 31-35-712) › POWERS AND FUNCTIONS OF CITIES AND TOWNS (§§ 31-15-101 — 31-35-712) › Article 15 - EXERCISE OF MUNICIPAL POWERS (§§ 31-15-101 — 31-15-1101) › Part 7 - PUBLIC PROPERTY AND IMPROVEMENTS (§§ 31-15-701 — 31-15-716) › Section 31-15-708 - Water and water systems

(1)
The governing body of each municipality has the power:
(a)
To construct public wells, cisterns, and reservoirs in the streets and other public and private places within the municipality or beyond the limits thereof for the purpose of supplying the same with water, to provide proper pumps and conducting pipes or ditches, to regulate the distribution of water for irrigating and other purposes, and to levy an equitable and just tax upon all consumers of water for the purpose of defraying the expense of such improvements;
(b)
(I)
To take water in sufficient quantity, for the purpose provided in paragraph (a) of this subsection (1), from any stream, creek, gulch, or spring in this state. If the taking of such water in such quantity materially interferes with or impairs the vested right of any person residing upon such creek, gulch, or stream or doing any milling or manufacturing business thereon, the governing body shall first obtain the consent of such person or acquire the right of domain by condemnation as prescribed by law and make full compensation or satisfaction for all the damages thereby occasioned to such person.
(II)
When it is deemed necessary by any municipality to enter upon or take private property for any of the uses set forth in this section, the property shall be examined and appraised and the damages thereon assessed. The proceedings shall be in all respects the same as provided by articles
1
to
7
of title
38
, C.R.S., for the taking of private property for public or private use.
(c)
To regulate the water supply used in said municipality for domestic or household purposes and to prohibit and condemn the use of any and all surface wells and the waters thereof for domestic or household purposes when the same are found injurious to the health of said municipality or of the inhabitants thereof;
(d)
To supply water from its water system to consumers outside the municipal limits of the municipality and to collect such charges upon such conditions and limitations as said municipality may impose by ordinance.
L. 75: Entire title R&RE, p. 1117, § 1, effective July 1.
The provisions of this section are similar to provisions of several former sections as they existed prior to 1975.
2023 Colorado Revised Statutes › Title 31 - GOVERNMENT - MUNICIPAL (§§ 31-1-101 — 31-35-712) › POWERS AND FUNCTIONS OF CITIES AND TOWNS (§§ 31-15-101 — 31-35-712) › Article 15 - EXERCISE OF MUNICIPAL POWERS (§§ 31-15-101 — 31-15-1101) › Part 7 - PUBLIC PROPERTY AND IMPROVEMENTS (§§ 31-15-701 — 31-15-716) › Section 31-15-709 - Sewers and sewer systems

(1)
The governing body of each municipality has the power:
(a)
To construct and keep in repair culverts, drains, sewers, water mains, and cesspools and to regulate their use; and to assess, either in whole or in part, the cost of the construction of sewers, water mains, and drains upon the lots or lands adjacent to and opposite the improvements in proportion to the frontage of such lots or lands abutting upon the street in which such sewer, water main, or drain is to be laid. The cost of such sewer, water main, or drain at street intersections or crossings shall be wholly paid for by the municipality. The benefit to the public generally, if any, shall be determined by ordinance and shall be assessed against such municipality, and the balance shall be assessed against the lots or lands and the owners thereof according to the frontage.
(b)
To establish a system of sewerage and for that purpose to divide the municipality into districts; to impose a special assessment or tax to defray the expense of constructing such sewers upon private property within such district or upon the lots or lands adjacent to or abutting upon the street where said sewer is laid; to compel the owners of any buildings located in said district and on blocks abutting on any established sewer to connect with such sewer; to prohibit the keeping or maintaining of any vault, closet, privy, or cesspool within said district or within four hundred feet of any established sewer; and to regulate the construction, maintenance, and use of all vaults, closets, privies, and cesspools within the municipal limits and not within said prohibited districts or in proximity to an established sewer.
L. 75: Entire title R&RE, p. 1118, § 1, effective July 1.
This section is similar to former §§ 31-12-101 (22) and 31-15-301 (1)(f) as they existed prior to 1975.
2023 Colorado Revised Statutes › Title 31 - GOVERNMENT - MUNICIPAL (§§ 31-1-101 — 31-35-712) › POWERS AND FUNCTIONS OF CITIES AND TOWNS (§§ 31-15-101 — 31-35-712) › Article 15 - EXERCISE OF MUNICIPAL POWERS (§§ 31-15-101 — 31-15-1101) › Part 7 - PUBLIC PROPERTY AND IMPROVEMENTS (§§ 31-15-701 — 31-15-716) › Section 31-15-710 - Water pollution control

(1)
The governing body of each municipality has the power:
(a)
To provide for the cleansing and purification of water, watercourses, and canals and the draining or filling of ponds on private property when necessary to prevent or abate nuisances; and for the purpose of aiding in the prevention and abatement of water pollution all municipalities are authorized:
(I)
To apply for and to accept grants or loans or any other aid from the United States or any agency or instrumentality thereof under any federal law in force;
(II)
To construct, reconstruct, lease, improve, better, and extend sewerage facilities and sewage treatment works wholly within or wholly without the municipality or partially within and partially without the municipality;
(III)
To issue its general obligation bonds or other general obligations for said purpose pursuant to and within the limitations prescribed by section
31-15-302(1)(d)
and to issue its revenue bonds or obligations for such purpose pursuant to law;
(IV)
To provide that such bonds or obligations or any part thereof may be sold to the state of Colorado, the United States, or any agency or instrumentality of either at private sale and without advertisement;
(V)
To cooperate with other local public bodies and with state agencies and institutions by contract for the joint construction and financing of sewerage facilities and sewage treatment works and the maintenance and operation thereof;
(VI)
To enter into joint operating agreements with industrial enterprises and to accept gifts or contributions from such industrial enterprises for the construction, reconstruction, improvement, betterment, and extension of sewerage facilities and sewage treatment works. When determined by its governing body to be in the public interest and necessary for the protection of public health, a municipality is authorized to enter into and perform contracts, whether long-term or short-term, with an industrial establishment for the provision and operation by the municipality of sewerage facilities to abate or reduce the pollution of waters caused by discharges of industrial wastes by the industrial establishment and the payment periodically by the industrial establishment to the municipality of amounts at least sufficient, in the determination of such governing body, to compensate the municipality for the cost of providing, including payment of principal and interest charges, if any, and of operating and maintaining the sewerage facilities serving such industrial establishment.
Amended by 2019 Ch. 17,§ 2, eff. 8/2/2019.
L. 75: Entire title R&RE, p. 1118, § 1, effective July 1.
This section is similar to former § 31-12-101 (24) as it existed prior to 1975.
For the legislative declaration in HB 19-1071, see section 1 of chapter 17, Session Laws of Colorado 2019.
2023 Colorado Revised Statutes › Title 31 - GOVERNMENT - MUNICIPAL (§§ 31-1-101 — 31-35-712) › POWERS AND FUNCTIONS OF CITIES AND TOWNS (§§ 31-15-101 — 31-35-712) › Article 15 - EXERCISE OF MUNICIPAL POWERS (§§ 31-15-101 — 31-15-1101) › Part 7 - PUBLIC PROPERTY AND IMPROVEMENTS (§§ 31-15-701 — 31-15-716) › Section 31-15-711.5 - Municipal jails - sanitary standards

Any municipality that chooses to establish and operate a jail, as authorized in section
31-15-401(1)(j)
, that begins operations on or after August 30, 1999, may establish sanitary standards for such jail relating to space requirements, furnishing requirements, required special use areas or special management housing, and environmental condition requirements, including but not limited to standards pertaining to light, ventilation, temperature, and noise level. If a municipality does not adopt standards pursuant to this section, the jail operated by or under contract with the municipality shall be subject to the standards adopted by the department of public health and environment pursuant to section
25-1.5-101(1)(i)
, C.R.S. In establishing such standards, the municipality is strongly encouraged to consult with national associations that specialize in policies relating to correctional institutions.
L. 2000: Entire section added, p. 803, § 3, effective May 24. L. 2003: Entire section amended, p. 715, § 57, effective July 1.