Thornton City Zoning Code
CODE OF
THE CITY OF THORNTON, COLORADO
____________
Published by Order of the City Council
____________
CURRENT OFFICIALS
of the
CITY OF
THORNTON, COLORADO
____________
Jan Kulmann
Mayor
____________
Justin Martinez, Ward 1
Cherish Salazar, Ward 1
John Alge, Ward 2
Roberta Ayala, Ward 2, Mayor Pro Tem
David Acunto, Ward 3
Devin Byrd, Ward 3
Drew Morris, Ward 4
Chris Russell, Ward 4
City Council
____________
Tansy Hayward
City Manager
____________
Tami Yellico
City Attorney
____________
Kristen Long, MMC
City Clerk
PREFACE
This Code constitutes a complete republication of the general and permanent ordinances of the City of Thornton, Colorado.
Source materials used in the preparation of this republication were the 1996 Code, as supplemented through March 22, 2011, and ordinances subsequently adopted by the City Council. The source of each section is included in the history note appearing in parentheses at the end thereof. The absence of such a note indicates that the section is new and was adopted for the first time with the adoption of the Code. By use of the comparative tables appearing in the back of this Code, the reader can locate any section of the 1975 Code, as supplemented, and any subsequent ordinance included herein.
The chapters of the Code have been conveniently arranged in alphabetical order, and the various sections within each chapter have been catchlined to facilitate usage. Notes which tie related sections of the Code together and which refer to relevant State law have been included. A table listing the State law citations and setting forth their location within the Code is included at the back of this Code.
Chapter and Section Numbering System
The chapter and section numbering system used in this Code is the same system used in many state and local government codes. Each section number consists of two parts separated by a dash. The figure before the dash refers to the chapter number, and the figure after the dash refers to the position of the section within the chapter. Thus, the second section of Chapter 1 is numbered 1-2, and the first section of Chapter 6 is 6-1. Under this system, each section is identified with its chapter, and at the same time new sections can be inserted in their proper place by using the decimal system for amendments. For example, if new material consisting of one section that would logically come between Sections 6-1 and 6-2 is desired to be added, such new section would be numbered 6-1.5. New articles and new divisions may be included in the same way or, in the case of articles, may be placed at the end of the chapter embracing the subject, and, in the case of divisions, may be placed at the end of the article embracing the subject. The next successive number shall be assigned to the new article or division. New chapters may be included by using one of the reserved chapter numbers. Care should be taken that the alphabetical arrangement of chapters is maintained when including new chapters.
Page Numbering System
The page numbering system used in this Code is a prefix system. The letters to the left of the colon are an abbreviation which represents a certain portion of the volume. The number to the right of the colon represents the number of the page in that portion. In the case of a chapter of the Code, the number to the left of the colon indicates the number of the chapter. In the case of an appendix to the Code, the letter immediately to the left of the colon indicates the letter of the appendix. The following are typical parts of codes of ordinances, which may or may not appear in this Code at this time, and their corresponding prefixes:
Indexes
The indexes have been prepared with the greatest of care. Each particular item has been placed under several headings, some of which are couched in lay phraseology, others in legal terminology, and still others in language generally used by local government officials and employees. There are numerous cross references within the indexes themselves which stand as guideposts to direct the user to the particular item in which the user is interested.
Looseleaf Supplements
A special feature of this publication is the looseleaf system of binding and supplemental servicing of the publication. With this system, the publication will be kept up-to-date. Subsequent amendatory legislation will be properly edited, and the affected page or pages will be reprinted. These new pages will be distributed to holders of copies of the publication, with instructions for the manner of inserting the new pages and deleting the obsolete pages.
Keeping this publication up-to-date at all times will depend largely upon the holder of the publication. As revised pages are received, it will then become the responsibility of the holder to have the amendments inserted according to the attached instructions. It is strongly recommended by the publisher that all such amendments be inserted immediately upon receipt to avoid misplacing them and, in addition, that all deleted pages be saved and filed for historical reference purposes.
Acknowledgments
This republication was under the direct supervision of Tassy Spinks, Editor, of the Municipal Code Corporation, Tallahassee, Florida. Credit is gratefully given to the other members of the publisher's staff for their sincere interest and able assistance throughout the project.
The publisher is most grateful to Ms. Nancy A. Vincent, City Clerk, and other officers of the city for their cooperation and assistance during the progress of the work on this publication. It is hoped that their efforts and those of the publisher have resulted in a Code of Ordinances which will make the active law of the City readily accessible to all citizens and which will be a valuable tool in the day-to-day administration of the City's affairs.
Copyright
All editorial enhancements of this Code are copyrighted by Municipal Code Corporation and the City of Thornton, Colorado. Editorial enhancements include, but are not limited to: organization; table of contents; section catchlines; prechapter section analyses; editor's notes; cross references; State law references; numbering system; Code comparative table; State law reference table; and index. Such material may not be used or reproduced for commercial purposes without the express written consent of Municipal Code Corporation and the City of Thornton, Colorado.
© Copyrighted material.
Municipal Code Corporation and the City of Thornton, Colorado. 2011.
ADOPTING ORDINANCE
ORDINANCE NO. 2438
An Ordinance Adopting and Enacting a New Code (1996 Code) for the City of Thornton, Colorado, and Adopting and Enacting the Following Secondary Codes: Uniform Building Code, 1994 Edition; Uniform Plumbing Code, 1991 Edition; Uniform Mechanical Code, 1991 Edition; Uniform Sign Code, 1991 Edition; Uniform Code for the Abatement of Dangerous Buildings, 1991 Edition; Uniform Fire Code, 1991 Edition; National Electrical Code, 1993 Edition; Uniform Solar Energy Code, 1991 Edition; Uniform Building Security Code, 1991 Edition; State Energy Conservation Standards; Uniform Swimming Pool, Spa And Hot Tub Code, 1991 Edition; and Model Traffic Code, 1995 Edition; Providing for the Repeal of Certain Ordinances Not Included Therein; Providing a Penalty for the Violation Thereof; Providing for the Manner of Amending Such Code; and Providing When Such Code and This Ordinance Shall Become Effective.
Now, Therefore, Be It Ordained by the City Council of the City of Thornton, Colorado:
Section 1. The 1996 Code entitled "Code of the City of Thornton, Colorado," published by Municipal Code Corporation consisting of Chapters 1 through 74, each inclusive, is adopted.
Section 2. All ordinances of a general and permanent nature enacted on or before January 8, 1996, and not included in the Code or recognized and continued in force by reference therein, are repealed.
Section 3. The repeal provided for in Section 2 hereof shall not be construed to revive any ordinance or part thereof that has been repealed by a subsequent ordinance that is repealed by this ordinance.
Section 4. The following penalties are provided herein the Code:
§ 1-8.- General penalty; continuing violations.
(A)
Any person who pleads guilty or no contest to or who, after trial, is found guilty of violating any municipal ordinance which is subject to this subsection shall be fined in an amount not to exceed $1,000.00, except as may be otherwise imposed within the context of a specific section, subsection, ordinance or applicable City Charter provision.
(B)
Any person who pleads guilty or no context to or who, after trial, is found guilty of violating any municipal ordinance which is subject to this subsection shall be incarcerated for a period not to exceed a year or fined in an amount not to exceed $1,000.00, or both such fine and imprisonment, except as may be otherwise imposed within the context of a specific section, subsection, ordinance or applicable City Charter provision.
(C)
In the absence of provisions to the contrary, violations of municipal ordinances are punishable as provided in Subsection (b) of this section.
(D)
The Municipal Court is empowered in its discretion to assess costs against any defendant who pleads no contest, who pleads guilty, or who is found guilty at trial of any ordinance violation or against whom a default judgment is entered pursuant to Section 14-7. Such costs shall be fixed by resolution or ordinance by the City Council in accordance with Charter Section 6.2.
(E)
Notwithstanding any other provision of this Code, no person under the age of 18 years as of the date of the offense for which such person is convicted shall be subject to incarceration except as set forth in Section 14-16.
(F)
The Municipal Court may order a defendant who is charged with a criminal offense to pay restitution to the victim of the crime as a condition of:
(1)
Probation;
(2)
The suspension of a sentence;
(3)
A deferred prosecution; or
(4)
A deferred judgment and sentence.
(G)
In any case where the victim has suffered pecuniary loss and the defendant pleads guilty, no contest or is found guilty, the Court shall require a restitution hearing, and when found to be appropriate at such hearing, the Court shall order restitution in an amount determined at the restitution hearing as a condition of any sentence imposed. The restitution hearing shall be set by the Court at the time the defendant is found guilty, enters a plea of guilty or no contest, or when the defendant's plea bargain is accepted by the Court.
(H)
For purposes of this section, a victim shall be the party immediately and directly aggrieved by a defendant who is convicted of a criminal act. An act shall be deemed criminal if it is punishable by imprisonment under this Code.
(I)
For purposes of this section, the amount of restitution shall be based on the actual, pecuniary damages sustained by the victim, the ability of the defendant to pay, and the defendant's obligations to support such defendant's dependents and to meet other family obligations.
(J)
For purposes of this section, compensable losses for which restitution may be ordered include, but are not limited to, the following:
(1)
Reasonable medical and hospital expenses and expenses incurred for dentures, eyeglasses, hearing aids, or other prosthetic or medically necessary devices.
(2)
Loss of earnings.
(3)
Outpatient care.
(4)
Property damage.
(5)
Mental health counseling.
(6)
Payment of the deductible amount on an insurance policy.
(K)
At the restitution hearing, the Court may consider any competent evidence establishing the monetary loss sustained by the victim. Formal rules of evidence shall not apply to any restitution hearing. The standard of proof at such hearings shall be a preponderance of the evidence. The issue to be decided by the Court is the amount of reasonable restitution that should be paid by the defendant. Once the amount of restitution is established, the Court shall order such restitution be paid by the defendant to the victim as part of any sentence imposed by the Court.
Section 5. The following penalties are provided in Chapter 6, Animals, of the Code:
§ 6-2. - Vaccination required.
(D)
Any person who shall violate any of the provisions of this section shall, upon conviction, be fined a sum of not less than $15.00 nor more than $1,000.00. Any person who shall violate any of the provisions of this section shall, upon the second conviction within any 12-month period, be fined a sum of not less than $30.00 nor more than $1,000.00. Any person who shall violate any of the provisions of this section shall, upon a third or subsequent conviction within any 12-month period, be fined a sum of not less than $50.00 nor more than $1,000.00. These minimum fines shall be mandatory and may not be suspended by the Court.
§ 6-3. - License required for dogs, cats and Vietnamese potbellied pigs.
(G)
Any person who shall violate any of the provisions of this section shall, upon conviction, be fined a sum of not less than $15.00 nor more than $1,000.00. Any person who shall violate any of the provisions of this section shall, upon the second conviction within any 12-month period, be fined a sum of not less than $30.00 nor more than $1,000.00. Any person who shall violate any of the provisions of this section shall, upon a third or subsequent conviction within any 12-month period, be fined a sum of not less than $50.00 nor more than $1,000.00. These minimum fines shall be mandatory and may not be suspended by the Court.
§ 6-8. - Dogs running at large.
(F)
Violations, penalties. Any person who shall violate any of the provisions of this section shall, upon conviction, be fined a sum of not less than $50.00 nor more than $1,000.00. Any person who shall violate any of the provisions of this section shall, upon the second conviction within any 12-month period, be fined not less than a sum of $150.00 nor more than $1,000.00. Any person who shall violate any of the provisions of this section shall, upon a third or subsequent conviction, be fined a sum of not more than $1,000.00. Minimum fines in this subsection shall not be suspended by order of the Court, except that, if proof of neutering or spaying is provided to the Court at the time of sentencing, the Court shall reduce or suspend the penalty by the amount of the cost of such procedure.
§ 6-9. - Cats running at large.
(B)
Any person who shall violate any of the provisions of this section shall, upon conviction, be fined a sum of not less than $50.00 nor more than $1,000.00. Any person who shall violate any of the provisions of this section shall, upon the second conviction within any 12-month period, be fined not less than a sum of $150.00 nor more than $1,000.00. Any person who shall violate any of the provisions of this section shall, upon a third or subsequent conviction, be fined a sum of not more than $1,000.00. Minimum fines in this subsection shall not be suspended by order of the Court, except that, if proof of neutering or spaying after the date of violation is provided at the time of sentencing, the Court shall reduce or suspend the penalty by the amount of the cost of such procedure.
§ 6-10. - Vietnamese potbellied pigs at large.
(B)
Any person who shall violate any of the provisions of this section shall, upon conviction, be fined a sum of not less than $50.00 nor more than $1,000.00. Any person who shall violate any of the provisions of this section shall, upon the second conviction within any 12-month period, be fined not less than a sum of $150.00, nor more than $1,000.00. Any person who shall violate any of the provisions of this section shall, upon a third or subsequent conviction, be fined a sum of not more than $1,000.00. Minimum fines in this subsection shall not be suspended by order of the Court.
§ 6-18. - Animal attacks.
It shall be unlawful to own an animal that:
(1)
Causes severe bodily injury to a person in an unprovoked attack, whether on or off the premises of its owner. The owner of an animal that causes severe bodily injury to a person in an unprovoked attack, whether on or off the premises of its owner, shall be responsible for all the medical expenses incurred by such person. Any owner who shall violate the provisions of this subsection shall, upon conviction, be fined a sum of not less than $500.00 nor more than $1,000.00, and imprisoned for not less than five days nor more than one year. The Court shall also assess against the owner of the animal all costs incurred in apprehending, detaining, treating and disposing of the animal.
(2)
Causes bodily injury to a person in an unprovoked attack, whether on or off the premises of its owner. The owner of an animal that causes bodily injury to a person in an unprovoked attack, whether on or off the premises of its owner, shall be responsible for all the medical expenses incurred by such person. Any owner who shall violate the provisions of this subsection shall, upon conviction, be fined a sum of not less than $500.00 nor more than $1,000.00 or imprisoned for not more than one year, or both such fine and imprisonment. The Court shall also assess against the owner all costs incurred in apprehending, detaining, treating and disposing of the animal.
(3)
Causes bodily injury to another animal in an unprovoked attack while on or off the premises of its owner. Any owner who shall violate the provisions of this subsection shall, upon conviction, be fined a sum of not less than $500.00 nor more than $1,000.00 or imprisoned for not more than one year, or both such fine and imprisonment. The Court shall also assess against the owner all costs incurred in apprehending, detaining, treating and disposing of the animal that caused the attack as well as any costs incurred by the owner of the attacked animal in treating it or disposing of its body if it was killed.
Section 6. The following penalties are provided in Chapter 18, Development Code, Article V, Environmental Performance Standards, Division 2, Administration and Enforcement, of the Code:
§ 18-597. - Motor vehicle noise violations.
(F)
Violation of the noise standards in this article where the noise source is a motor vehicle shall be cause for a summons and complaint to be issued immediately. Minimum fines for motor vehicle noise violations are as established by Council resolution.
Section 7. The following penalties are provided in Chapter 26, Finance and Taxation, Article VI, Telephone Tax, of the Code:
§ 26-431. - Violations and penalties.
If any officer, agent or manager of a telephone utility company which is subject to the provisions of this article shall fail, neglect or refuse to make or file the quarterly statement of accounts provided in Section 26-434, such officer, agent, manager or person shall, on conviction thereof, be punished by a fine of not less than $25.00 nor more than $1,000.00, provided that each day after the statement shall become delinquent during which such officer, agent, manager or person shall so fail, neglect or refuse to make and file such statement shall be considered a separate and distinct offense.
Section 8. The following penalties are provided in Chapter 38, Law Enforcement, Offenses and Traffic, of the Code:
§ 38-108. - Violations and penalties.
Violation of the provisions of this article shall be punishable by a fine not less than $100.00 nor more than $1,000.00.
Section 9. The following penalties are provided in Chapter 38, Law Enforcement, Article VI, Offenses Involving Property Rights, of the Code:
§ 38-179. - Trespassing.
(D)
Penalties. Any person violating the provisions of this section shall, upon conviction, be punished by a fine not exceeding $1,000.00. However, such person shall be subject to a minimum fine of $75.00 for the first conviction within 12 months and a minimum fine of $150.00 for any second and subsequent convictions within 12 months. For any third and subsequent conviction within 12 months, the Court may additionally impose a sentence of imprisonment not to exceed one year.
Section 10. The following penalties are provided in Chapter 38, Law Enforcement, Article VII, Offenses Against Public Peace or Safety, Division 1, Generally, of the Code:
§ 38-209. - Disorderly conduct.
(B)
Any person who shall commit disorderly conduct under this section shall, upon conviction, be punished as provided in Section 1-8(b), except that for the first offense, the fine shall not be less than $50.00, and for a second offense within one year, not less than $150.00, and for a third offense within five years, not less than $300.00. However, any person who has not become 18 years of age as of the date of violation shall not be subject to imprisonment, unless such imprisonment is imposed for failure to comply with a lawful order of court or for contempt of court as provided by State Statute.
Section 11. The following penalties are provided in Chapter 38, Law Enforcement, Article VIII, Offenses Against Public Morals, Division 2, Controlled Substances, of the Code:
§ 38-297. - Possession unlawful; violations and penalties.
(D)
Any person found guilty of a violation of this section shall be punished as follows:
(1)
For a violation concerning one ounce or less of marijuana, a fine of not more than $100.00.
(2)
For a violation concerning more than one ounce, but less than eight ounces of marijuana, a penalty as provided in Section 1-8(b) of this Code. However, a person who has not yet reached 18 years of age as of the date of the violation shall not be subject to a jail sentence except for contempt of court or failure to obey a lawful court order, as specified by State Statute.
Section 12. The following penalties are provided in Chapter 38, Law Enforcement, Article XI, Smoking in Public Places, of the Code:
§ 38-458. - Violations and penalties.
Any person found guilty of a violation of any provision of this article shall be punished by a fine of not less than $25.00 and not more than $1,000.00.
Section 13. The following penalties are provided in Chapter 42, Licenses, Permits and Businesses, Article II, Alcoholic Beverages, Division 2, Retail Establishments, Part II, License, of the Code:
§ 42-127. - Suspension or revocation.
(C)
Whenever a decision of the Local Licensing Authority suspending a retail license for 14 days or less becomes final, the retail licensee may, before the operative date of the suspension, petition for permission to pay a fine in lieu of having the retail license suspended for all or part of the suspension period.
(2)
The fine accepted shall be the equivalent to 20 percent of the retail licensee's estimated gross revenues from sales of alcoholic and fermented malt beverages during the period of the proposed suspension, except that the fine shall not be less than $200.00 nor more than $5,000.00.
Section 14. The following penalties are provided in Chapter 42, Licenses, Permits and Businesses, Article VIII, Sexually Oriented Businesses, Division 1, Generally, of the Code:
§ 42-553. - Violations and penalties.
(E)
Penalties.
(1)
Any violation of Subsection (A) or (B) of this section shall be punishable by a fine in a minimum amount of $250.00 and a maximum amount of $1,000.00, plus all applicable court costs.
(2)
Any violation of Subsection (C) or (D) of this section shall be punishable by a maximum penalty prescribed in Section 1-8(B).
(3)
Each day a licensed premises is in violation of Subsection (A) or (B) of this section shall be considered a separate and distinct offense.
Section 15. The following penalties are provided in Chapter 74, Utilities, Article III, Water Conservation, of the Code:
§ 74-57. - Violations and penalties; reconnection.
(A)
Penalties. Any person or water customer or user of the City violating any curtailment, restriction or prohibition on the use of water issued pursuant to the provisions of this article and as contained in the notice as provided for in this article shall be subject to the following penalties:
(1)
For the first violation, the violator shall pay $15.00, which may be added to the violator's regular water bill.
(2)
For the second violation, the violator shall pay $25.00, which may be added to the violator's regular water bill.
(3)
For the third violation, and for each subsequent violation, the City shall disconnect water service to the property on which the violation occurred.
Section 16. The following penalties are provided in Chapter 74, Utilities, Article IV, Water and Sewer System, Division 4, Sewer Discharge Restrictions, Part II, Wastewater Contribution Permits, of the Code:
§ 74-311. - Penalties for noncompliance or violations of orders.
(B)
Without limiting any other remedy available to the City under this Code, any person or user who is found to have violated an order of the Director or the City or who willfully or negligently fails to comply with any provision of this article and the order, rules, regulations and permits, including any term or condition of any wastewater discharge permit, issued under this article, which violation or noncompliance pertains to regulations implementing the City's industrial wastewater pretreatment program pursuant to the federal act, as defined in C.R.S., § 25-8-103(8), shall be fined not less than $100.00 nor more than $1,000.00 for each offense. Each day on which a violation shall occur or continue shall be deemed a separate and distinct offense. In addition to the penalties provided in this subsection, the City may seek such other relief as authorized by the federal act and may recover reasonable attorney's fees, court costs, court reporter's fees and other expenses of litigation by appropriate suit at law against the person found to have violated this article or the orders, rules, regulations, and permits issued under this article.
Section 17. The following sections of such Code hereby adopt the indicated codes adopted by reference:
Section 18. Additions or amendments to the Code when passed in the form as to indicate the intention of the City to make the same a part of the Code shall be deemed to be incorporated in the Code, so that reference to the Code includes the additions and amendments.
Section 19. Ordinances adopted after June 10, 1996, that amend or refer to ordinances that have been codified in the Code shall be construed as if they amend or refer to like provisions of the Code.
Section 20. This ordinance shall become effective by November 1, 1996.
Introduced, Read, Passed on first reading, ordered posted in full, and title ordered published by the City Council of the City of Thornton, Colorado, this 23rd day of September 1996.
Passed and Adopted on second and final reading this 14th day of October 1996.
CITY OF THORNTON, COLORADO
ATTEST:
THIS ORDINANCE IS ON FILE IN THE CITY CLERK'S OFFICE FOR PUBLIC INSPECTION.
APPROVED AS TO LEGAL FORM:
PUBLICATION:
Posted in six public places after first and second readings.
Published in the Northglenn-Thornton Sentinel after first reading on September 26, 1996, and after second and final reading on October 17, 1996.