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1. Official Code

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CHAPTER 1

OFFICIAL CODE

1-1-1:   MUNICIPAL CODE OF THE CITY OF WESTMINSTER
1-1-2:   RULES FOR CONSTRUCTION
1-1-3:   DEFINITIONS
1-1-4:   ADOPTION BY REFERENCE
1-1-5:   PREPARATION OF ORDINANCES

1-1-1:  MUNICIPAL CODE OF THE CITY OF WESTMINSTER: (1699 3633) This compilation, revision and codification of the General Ordinances of the City of Westminster is hereby declared to be and shall hereafter constitute the Official Code of General Ordinances of the City of Westminster.

Said Code shall be known and may be cited as the "Westminster Municipal Code" or “W.M.C.,” and a copy or copies of such Code in printed form shall be received without further proof as the ordinances of permanent and general effect of the City of Westminster in all courts and administrative tribunals of this State.

Any ordinance amending this Code shall set forth in full no less than the sub-subsection (i.e., (1), (2), etc.) of the Code being amended.

1-1-2:  RULES FOR CONSTRUCTION: (1699) In the construction of the Code, and all ordinances amendatory thereof or supplementary thereto, the following rules shall be observed, unless such construction would be inconsistent with the manifest intent of the legislative body or repugnant to the context.

(A)  Words and phrases shall be read in context and construed according to the rules of grammar and common usage.  Words and phrases that have acquired a technical or particular meaning, whether by legislative definition or otherwise, shall be construed accordingly.

(B)  The singular includes the plural, and the plural includes the singular.

(C)  Every word importing the masculine gender only may extend to and be applied to females and things as well as males; every word importing the feminine gender only may extend to and be applied to males and things as well as females; and every word importing the neuter gender only may extend to and be applied to natural persons as well as things.

(D)  Words in the present tense include the future tense.

(E)      (1)  In computing a period of days, the first day is excluded and the last day is included.

(2)  If the last day of any period is a Saturday, Sunday, or legal holiday, the period is extended to include the next day that is not a Saturday, Sunday or legal holiday.

(3)  If a number of months is to be computed by counting the months from a particular day, the period ends on the same numerical day in the concluding month as the day of the month from which the computation is begun, unless there are not that many days in the concluding month, in which case the period ends on the last day of that month. 

(F)  A grant of authority to three (3) or more persons as a public body confers the authority upon a majority of the number of members fixed by ordinance. 

(G)  Unless specifically stated otherwise, a quorum of a public body is a majority of the number of members fixed by statute.

(H)  If there is a conflict between figures and words in expressing number, the words govern.

(I)  The portion of any section, subsection, paragraph, or subparagraph that precedes a list of examples, requirements, conditions, or other items may be referred to and cited as the "introductory portion" to the section, subsection, paragraph, or subparagraph.

(J)  In enacting an ordinance it is presumed that:

(1)  Compliance with the Charter of the City of Westminster and constitutions of the State of Colorado and the United States is intended;

(2)  The entire ordinance is intended to be effective;

(3)  A just and reasonable result is intended;

(4)  A result feasible of execution is intended;

(5)  Public interest is favored over any private interest.

(K)  An ordinance is presumed to be prospective in its operation. 

(L)  If an ordinance is ambiguous, the court, in determining the intention of the City Council, may consider among other matters: 

(1)  The object sought to be attained;

(2)  The circumstances under which the ordinance was enacted;  

(3)  The legislative history, if any; 

(4)  The common law or former ordinance provisions, including laws upon the same or similar subject; 

(5)  The consequences of a particular construction;

(6)  The administrative construction of the ordinance;

(7)  The legislative declaration or purpose.

(M)  If any provision of an ordinance is found by a court of competent jurisdiction to be unconstitutional, the remaining provisions of the ordinance are valid, unless it appears to the court that the valid provisions of the ordinance are so essentially and inseparably connected with, and so dependent upon, the void provisions that it cannot be presumed the City Council would have enacted the valid provisions without the void one; or unless the court determines that the valid provisions, standing alone, are incomplete and are incapable of being executed in accordance with the legislative intent.  

(N)  If a general provision conflicts with a special provision, it shall be construed, if possible, so that effect is given to both.  If the conflict between the provisions is irreconcilable, the special provision prevails as an exception to the general provision, unless the general provision is the later adoption and the manifest intent is that the general provision prevails. 

(O)  A reference to any portion of an ordinance applies to all reenactments, revisions, or amendments thereof.

(P)  All general provisions, terms, phrases, and expressions used in any ordinance shall be liberally construed, in order that the true intent and meaning of the City Council may be fully carried out.

(Q) The repeal, revision, amendment, or consolidation of any ordinance or part of an ordinance or section or part of a section of any ordinance shall not have the effect to release, extinguish, alter, modify or change in whole or in part any penalty, forfeiture, or liability, either civil or criminal, that shall have been incurred under such ordinance, unless the repealing, revision, amending or consolidating act so expressly provides, and such ordinance or part of an ordinance or section or part of a section of an ordinance so repealed, amended or revised shall be treated and held as still remaining in force for the purpose of sustaining any and all proper actions, suits, proceedings, and prosecutions, criminal as well as civil, for the enforcement of such penalty, forfeiture, or liability, as well as for the purpose of sustaining any judgment, decree, or order that can or may be rendered, entered, or made in such actions, suits, proceedings, or prosecutions imposing, inflicting, or declaring such penalty, forfeiture, or liability.

(R)  The title of any section or subsection of this Code shall not be construed in any way to restrict, qualify, or limit the effect of the provisions contained in such section or subsection.

(S)  The word "oath" includes "affirmation" and the word "swear" includes the word "affirm."  Every mode of oral statement under oath or affirmation is embraced in the term "testify" and every written one in the term "depose."

(T)  The word "official time" whenever used shall mean Standard Time or Daylight Saving Time as may be in current use within the City.

(U)  The word "day" shall be any twenty-four (24) hour period from midnight to midnight, and the word "month" shall mean a calendar month unless otherwise expressed; the word "quarter" shall mean any three (3) month period, ending with the last day of March, June, September or December; and the word "year" shall mean any one calendar year unless otherwise expressed.

(V)  The word "shall" is mandatory: "may" is discretionary.

(W)  The word "owner" applied to a building or land shall include any part owner, joint owner, tenant in common, joint tenant or lessee of the whole or of a part of such building or land.

(X)  The word "tenant" or "occupant" when applied to a building or land shall include any person who occupies the whole or any part of such building or land whether alone or with others.

1-1-3:  DEFINITIONS: (1699) The following words, terms and phrases, when used in this Code, shall have the following meaning, unless the context clearly indicates otherwise:

"City" shall mean the City of Westminster, Colorado. 

"Person" shall mean an individual, corporation, government or governmental subdivision or agency, partnership, association, or any other legal entity. 

"Property" shall mean property of any kind, real or personal, tangible or intangible. 

"Public thoroughfare" shall mean streets, alleys, lanes, courts, boulevards, public square, public sidewalks and all other ways for travel open to the public.  

"Signature" shall mean any name, mark or sign written with the intent to authenticate any instrument of writing.

"Writing" shall mean printing, writing, and typewriting.

1-1-4:  ADOPTION BY REFERENCE: (1631 1699)

(A)  EXEMPTION:  When, in its sole discretion, the City Council finds that it is necessary to protect the health, safety and welfare of the citizens of the City, the City Council may exempt an ordinance from any or all of the procedural requirements specified in Part 2 of Article 16 of Title 31, C.R.S., "Ordinance Codes Adopted by Reference." When such a finding is made, it shall be included in the ordinance and shall contain a specific reference to the sections from which the ordinance is exempt.

(B)  AVAILABILITY OF CODES PRIOR TO ENACTMENT:  At least one (1) copy of the material being considered for adoption shall be on file with the City Clerk and open for public inspection five (5) days prior to first reading of the ordinance proposing adoption of the material by reference. 

(C)  FILING OF PUBLIC RECORD; SALE OF COPIES:  At least one (1) copy of material adopted by reference shall be filed with the City Clerk and shall be kept on file for public inspection while the ordinance is in force.  Following the adoption of material by reference, the City may maintain copies available for purchase by the public or, in the alternative, shall provide information on where such material may be obtained. 

1-1-5:  PREPARATION OF ORDINANCES: (1809)  In preparing Councillor's Bills for first and second reading and in preparing ordinances to be included in the Westminster Municipal Code, the City Clerk may correct obvious errors and inconsistencies including, but not limited to, correction of errors of punctuation, capitalization, grammar and spelling; correction of typographical errors; and correction of internal references.  The City Clerk shall make no change in the substance, effect, intent or meaning of any bill or ordinance. 

 

 

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