A Bill for an Act
Page 1, Line 101Concerning the scope of municipal authority over land that
Page 1, Line 102a municipality acquires that is outside its municipal
Page 1, Line 103limits.
Bill Summary
(Note: This summary applies to this bill as introduced and does not reflect any amendments that may be subsequently adopted. If this bill passes third reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at http://leg.colorado.gov.)
Current law grants a municipality full police power and control (authority) over land that it acquires outside its municipal limits for use as parks, parkways, boulevards, or roads. The bill extends this authority to land that a municipality acquires for open space and natural areas and clarifies that it extends to all such acquired land whether or not it is open or closed to the public.
Page 2, Line 1Be it enacted by the General Assembly of the State of Colorado:
Page 2, Line 3SECTION 1. In Colorado Revised Statutes, amend 31-25-216 as follows:
Page 2, Line 431-25-216. Cities control park grounds outside limits. (1) In
Page 2, Line 5all cases
whereorPage 2, Line 6county organized under a special charter or created under the state
Page 2, Line 7constitution, has acquired lands outside its municipal limits for parks,
Page 2, Line 8open space and natural areas, parkways, boulevards, or roads,
saidPage 2, Line 9the city or city and county has full police power and jurisdiction and full
Page 2, Line 10municipal control and full power and authority in the management,
Page 2, Line 11control, improvement, and maintenance of and over any such lands so
Page 2, Line 12acquired
ItPage 2, Line 13public. Such a city or city and county has power and authority to
Page 2, Line 14provide by ordinance for the regulation and control of its lands so
Page 2, Line 15acquired, to prevent the commission of any acts which are or may be
Page 2, Line 16declared unlawful pursuant to the provisions of this part 2, and to
Page 2, Line 17prosecute and punish the violation of any ordinances in its municipal
Page 2, Line 18courts. Such city or city and county also has like power and
Page 2, Line 19jurisdiction to prevent pollution of the water in all reservoirs, streams, and
Page 2, Line 20pipes which may be included within any such parks, parkways,
Page 2, Line 21boulevards, or roads and over the stream or source from which such water
Page 2, Line 22is taken as far as ten miles above the point from which it is diverted. Such
Page 2, Line 23a city or city and county has like power and jurisdiction to regulate and
Page 2, Line 24prevent the erection, construction, and maintenance, within three hundred
Page 3, Line 1feet of any such park, open space or natural area, parkway,
Page 3, Line 2boulevard, or road outside its municipal limits, of any advertisement or
Page 3, Line 3of any billboard or other structure for advertisements. Such a city or city
Page 3, Line 4and county also has like power and jurisdiction over the use of any public
Page 3, Line 5roads, boulevards, or parkways within such parks or open space and
Page 3, Line 6natural areas and running over or through or between such lands and
Page 3, Line 7any public roads, boulevards, or parkways between any such park, open
Page 3, Line 8space and natural areas, or pleasure ground and its municipal
Page 3, Line 9boundaries and not included within the municipal limits of any incorporated city or town.
Page 3, Line 11SECTION 2. Safety clause. The general assembly finds,
Page 3, Line 12determines, and declares that this act is necessary for the immediate
Page 3, Line 13preservation of the public peace, health, or safety or for appropriations for
Page 3, Line 14the support and maintenance of the departments of the state and state institutions.