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(A) In compiling and preparing the ordinances of the town for adoption and revision as part of this code, certain grammatical changes and other changes were made in one or more of said ordinances.
(B) It is the intention of the Board of Trustees that all such changes be adopted as part of this code as if the ordinances so changed had been previously formally amended to read as such.
The continuance in effect of temporary and/or special ordinances and parts of ordinances, although omitted from this code, shall not be affected by such omission therefrom, and the adoption of this code shall not repeal or amend any such ordinance or part of any such ordinance. Among the ordinances not repealed or amended by the adoption of this code are ordinances:
(A) Creating, opening, dedicating, vacating or closing specific streets, alleys and other public ways;
(B) Naming or changing the names of specific streets and other public ways;
(C) Establishing the grades of specific streets and other public ways;
(D) Establishing the grades or lines of specific sidewalks;
(E) Authorizing or relating to specific issuances of general obligation bonds;
(F) Creating specific sewer and paving districts and other local improvement districts;
(G) Authorizing the issuance of specific local improvement district bonds;
(H) Making special assessments for local improvement districts and authorizing refunds from specific local improvement district bond proceeds;
(I) Annexing territory to or excluding territory from the town;
(J) Dedicating or accepting any specific plat or subdivision;
(K) Calling or providing for a specific election;
(L) Authorizing specific contracts for purchase of beneficial use of water by the town;
(M) Approving or authorizing specific contracts with the State, with other governmental bodies or with others;
(N) Authorizing a specific lease, sale or purchase of property;
(O) Granting rights-of-way or other rights and privileges to specific railroad companies or other public carriers;
(P) Granting a specific gas company or other public utility the right or privilege of constructing lines in the streets and alleys or of otherwise using the streets and alleys;
(Q) Granting a franchise to a specific public utility company or establishing rights for or otherwise regulating a specific public utility company;
(R) Appropriating money;
(S) Levying a temporary tax or fixing a temporary tax rate;
(T) Relating to salaries; and/or
(U) Amending the Official Zoning Map.
(A) Violations. It is a violation of this code for any person to do any act which is forbidden or declared to be unlawful or to fail to do or perform any act required in this code.
(B) General penalty for violation.
(1) Unless otherwise provided in this code or by ordinance, whenever in this code or any other ordinance, resolution or rule of the town, the doing of any act is required, prohibited or declared to be unlawful or an offense or a misdemeanor, and no definite fine or specific penalty is provided for a violation thereof, any person who shall be convicted of or plead guilty or no contest to a violation of any such provision of this code or other ordinance, resolution or rule of the town, whether now in existence or hereinafter enacted, shall be punished by a fine of not more than $2,650, as shall be adjusted for inflation annually in accordance with C.R.S. § 13-10-113, except as hereinafter provided in division (D) below. In addition, such person shall pay all costs and expenses in the case, including attorney fees. Every day such violation continues shall constitute a separate offense.
(2) Whenever in this code or any ordinance of the town a minimum but not a maximum fine or penalty is imposed, the court may, in its discretion, fine the offender any sum exceeding the minimum fine or penalty so imposed, but not exceeding the maximum fine set forth in division (B)(1) above.
(3) The suspension or revocation of any license, permit or other privilege conferred by the town shall not be regarded as a penalty for the purposes of this code.
(4) All penalties in codes adopted by reference in this code are hereby superseded by this section.
(C) Application of penalties to juveniles. Every person who, at the time of commission of the offense, was at least ten but not yet 18 years of age, and who is subsequently convicted of or pleads guilty or nolo contendere to a violation of any provision of this code, shall be punished by a fine of not more than the maximum fine set forth in division (B) above per violation or count. Any voluntary plea of guilty or nolo contendere to the original charge or to a lesser or substituted charge shall subject the person so pleading to all fines and/or penalties applicable to the original charge. Nothing in this division (C) shall be construed to prohibit confinement in an appropriate facility, at the time of charging, of a juvenile violating any section of this code in accordance with state law.
(D) Penalty for violations of ordinances adopted after adoption of code. Any person who violates any provision of any ordinance of a permanent and general nature passed or adopted after adoption of this code, either before or after it has been inserted in this code by a supplement, shall, upon conviction thereof, be punishable as provided by division (A) above unless another penalty is specifically provided for the violation.
(E) Interpretation of unlawful acts. Whenever in this code any act or omission is made unlawful, it is also unlawful to cause, allow, permit, aid, abet or suffer such unlawful act or omission. Concealing or in any manner aiding in the concealing of any unlawful act or omission is similarly unlawful.
(Ord. 02-2019, passed 3-27-2019)