House Bill 25-1029

BY REPRESENTATIVE(S) Boesenecker, Zokaie, Lindsay, Phillips, Woodrow, Froelich;

also SENATOR(S) Kipp and Liston, Winter F.

Concerning the scope of municipal authority over land that a municipality acquires that is outside its municipal limits.

Be it enacted by the General Assembly of the State of Colorado:

SECTION 1.  In Colorado Revised Statutes, 31-25-216, amend (1) as follows:

31-25-216.  Cities control park grounds outside limits. (1)  In all cases wherein which any city, orincluding any city or city and county organized under a special charter or created under the state constitution, has acquired lands outside its municipal limits for parks, open space and natural areas, parkways, boulevards, or roads, saidunless such acquired land is within the exterior boundaries of an Indian reservation,the city or city and county has full police power and jurisdiction and full municipal control and full power and authority in the management, control, improvement, and maintenance of and over any such lands so acquired Itwhether or not the lands are open or closed to the public. Such a city or city and county has power and authority to provide by ordinance for the regulation and control of its lands so acquired, to prevent the commission of any acts which are or may be declared unlawful pursuant to the provisions of this part 2, and to prosecute and punish the violation of any ordinances in its municipal courts. Such city or city and county also has like power and jurisdiction to prevent pollution of the water in all reservoirs, streams, and pipes which may be included within any such parks, parkways, boulevards, or roads and over the stream or source from which such water is taken as far as ten miles above the point from which it is diverted. Such a city or city and county has like power and jurisdiction to regulate and prevent the erection, construction, and maintenance, within three hundred feet of any such park, open space or natural area, parkway, boulevard, or road outside its municipal limits, of any advertisement or of any billboard or other structure for advertisements. Such a city or city and county also has like power and jurisdiction over the use of any public roads, boulevards, or parkways within such parks or open space and natural areas and running over or through or between such lands and any public roads, boulevards, or parkways between any such park, open space and natural areas, or pleasure ground and its municipal boundaries and not included within the municipal limits of any incorporated city or town.

SECTION 2. Safety clause. The general assembly finds, determines, and declares that this act is necessary for the immediate preservation of the public peace, health, or safety or for appropriations for the support and maintenance of the departments of the state and state institutions.