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 9unless such acquired land is within the exterior boundaries of
Page 2, Line 10an Indian reservation,the city or city and county has full police
Page 2, Line 11power and jurisdiction and full municipal control and full power and
Page 2, Line 12authority in the management, control, improvement, and maintenance of
Page 2, Line 13and over any such lands so acquired
ItPage 2, Line 14open or closed to the public. Such a city or city and county has
Page 2, Line 15power and authority to provide by ordinance for the regulation and
Page 2, Line 16control of its lands so acquired, to prevent the commission of any acts
Page 2, Line 17which are or may be declared unlawful pursuant to the provisions of this
Page 2, Line 18part 2, and to prosecute and punish the violation of any ordinances in its
Page 2, Line 19municipal courts. Such city or city and county also has like power and
Page 2, Line 20jurisdiction to prevent pollution of the water in all reservoirs, streams, and
Page 2, Line 21pipes which may be included within any such parks, parkways,
Page 2, Line 22boulevards, or roads and over the stream or source from which such water
Page 2, Line 23is taken as far as ten miles above the point from which it is diverted. Such
Page 2, Line 24a city or city and county has like power and jurisdiction to regulate and
Page 3, Line 1prevent the erection, construction, and maintenance, within three hundred
Page 3, Line 2feet of any such park, open space or natural area, parkway,
Page 3, Line 3boulevard, or road outside its municipal limits, of any advertisement or
Page 3, Line 4of any billboard or other structure for advertisements. Such a city or city
Page 3, Line 5and county also has like power and jurisdiction over the use of any public
Page 3, Line 6roads, boulevards, or parkways within such parks or open space and
Page 3, Line 7natural areas and running over or through or between such lands and
Page 3, Line 8any public roads, boulevards, or parkways between any such park, open
Page 3, Line 9space and natural areas, or pleasure ground and its municipal
Page 3, Line 10boundaries and not included within the municipal limits of any incorporated city or town.
Page 3, Line 12SECTION 2. Safety clause. The general assembly finds,
Page 3, Line 13determines, and declares that this act is necessary for the immediate
Page 3, Line 14preservation of the public peace, health, or safety or for appropriations for
Page 3, Line 15the support and maintenance of the departments of the state and state institutions.