§ 31-25-407 — Establishment of the mall

Colorado § 31-25-407

• Jurisdiction: Colorado
• Title 31: Government
• Art.: Public Improvements

Text

(1) Not later than one hundred eighty
days following the adoption of the resolution establishing the pedestrian mall as
provided in this part 4, the governing body may adopt on first reading an ordinance
finally establishing the pedestrian mall. Such ordinance shall contain:

(a) A general description of the pedestrian mall and a declaration and
determination that the same is established. The mall as finally established shall be
substantially the same as or any portion of that described in the resolution of
intention.

(b) Rules and regulations prohibiting vehicular traffic on such pedestrian
mall subject to such exceptions as the ordinance may provide. Such rules and
regulations and such exceptions are to follow substantially those statements made
in the resolution of intention.

(c) Such additional rules and regulations as the governing body may
determine pertaining to the interpretation, operation, and enforcement of the rules
and regulations promulgated under paragraph (b) of this subsection (1) and
otherwise pertaining to the use, operation, maintenance, and control of the
pedestrian mall;

(d) Such provisions as the governing body deems necessary pertaining to the
effective date of any such rules or regulations.

(2) Such ordinance shall be adopted and published and shall take effect in
the manner provided by law or charter for ordinances of the municipality.

(3) Such ordinance shall be subject to referendum in the same manner as
other ordinances of the municipality. The pedestrian mall shall not be closed to
vehicular traffic, in whole or in part, under such ordinance until all claims for
damages have been paid or properly secured as provided in this part 4.

(4) Proceedings under this part 4 and the adoption of such ordinance
notwithstanding, the municipality and its governing body shall retain its police
powers and other rights and powers relating to the municipal streets and rights-of-way constituting a part of the pedestrian mall. No action taken pursuant to this part
4 shall be interpreted or construed to be a vacation or abandonment, in whole or in
part, of any municipal street or any right therein, it being intended that the
establishment of a pedestrian mall pursuant to this part 4 be a matter of
appropriate additional regulation only.

(5) Nothing in this section shall be interpreted or construed to prevent the
municipality and its governing body, at any time subsequent to the adoption of the
ordinance provided for in this part 4, from abandoning the operation of the
pedestrian mall, from changing the extent of the pedestrian mall, or from changing
or repealing any of the rules and regulations pertaining to the pedestrian mall; but
any substantial change made after the adoption of the ordinance provided for in
this section will create potential liability for new or additional claims which could
not have been foreseen prior to the date of the hearing on the original
establishment of the pedestrian mall.

Legislative History

Source: L. 75: Entire title R&RE, p. 1188, � 1, effective July 1.