Colorado § 31-16-105 Record and publication of ordinances

Colorado Statutes

§ 31-16-105 — Record and publication of ordinances

Colorado·Title 31 Government·Art. Ordinances - Penalties

All ordinances, as soon as
may be after their adoption, shall be recorded in a book kept for that purpose and
shall be authenticated by the signature of the presiding officer of the governing
body and the clerk. All ordinances of a general or permanent nature and those
imposing any fine, penalty, or forfeiture, following adoption and, if required by
ordinance adopted pursuant to section 31-4-102 (3) or 31-4-302, compliance with
the provisions of section 31-16-104, shall be published in some newspaper published
within the limits of the city or town or, if there are none, in some newspaper of
general circulation in the city or town. It is a sufficient defense to any suit or
prosecution for such fine, penalty, or forfeiture to show that no publication was
made. If there is no newspa

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All ordinances, as soon as
may be after their adoption, shall be recorded in a book kept for that purpose and
shall be authenticated by the signature of the presiding officer of the governing
body and the clerk. All ordinances of a general or permanent nature and those
imposing any fine, penalty, or forfeiture, following adoption and, if required by
ordinance adopted pursuant to section 31-4-102 (3) or 31-4-302, compliance with
the provisions of section 31-16-104, shall be published in some newspaper published
within the limits of the city or town or, if there are none, in some newspaper of
general circulation in the city or town. It is a sufficient defense to any suit or
prosecution for such fine, penalty, or forfeiture to show that no publication was
made. If there is no newspaper published or having a general circulation within the
limits of the city or town, then, upon a resolution being passed by the governing
body to that effect, ordinances may be published by posting copies thereof in three
public places within the limits of the city or town, to be designated by the governing
body. Except for ordinances calling for special elections or necessary to the
immediate preservation of the public health or safety and containing the reasons
making the same necessary in a separate section, such ordinances shall not take
effect and be in force before thirty days after they have been so published. The
excepted ordinances shall take effect upon adoption and, if required by ordinance
adopted pursuant to section 31-4-102 (3) or 31-4-302, compliance with the
provisions of section 31-16-104 if they are adopted by an affirmative vote of three-fourths of the members of the governing body of the city or town. The book of
ordinances provided for in this section shall be taken and considered in all courts of
this state as prima facie evidence that such ordinances have been published as
provided by law. Any municipality may determine at a regular or special election to
meet the requirements of this section and section 31-16-106 by publishing
ordinances by title only rather than by publishing the ordinance in full. No
municipality shall call a special election for the sole purpose of determining the
issue of whether the municipality should publish new ordinances in full or by title
only.

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Legislative History

Source: L. 75: Entire title R&RE, p. 1123, � 1, effective July 1. L. 81: Entire section amended, p. 1496, � 10, effective May 28. L. 92: Entire section amended, p. 1053, � 3, effective January 1, 1993.