often complex and compliance can be costly. The governing body should assure that those responsible for managing
<br />the day-to-day operations of the municipality should stay abreast of environmental requirements so the governing
<br />body can anticipate compliance costs and otherwise meet its responsibilities under these programs.
<br />The power to protect the safety of the public includes not only the regulation of traffic, but also the regulation of
<br />inspection of potentially dangerous installations such as steam boilers; the regulation of building practices with
<br />regard to fire hazards, fire escapes, and exits; the regulation or prohibition of the storage and transportation of
<br />combustible or explosive materials within municipal limits; and the regulation of fireplaces to minimize emission
<br />levels and potential fire hazards.204
<br />Finally, the power to protect the public health also can be exercised by county and district health departments, which
<br />may have jurisdiction over municipal corporations situated within the territorial limits of the county or counties
<br />comprising the district.2oe
<br />REGULATING STREETS, PARKS, AND PUBLIC PLACES
<br />The care, supervision, and control of all public streets, sidewalks, parks, and other public grounds in the municipality
<br />have been delegated to the governing body, including the authority to:
<br />• regulate use, provide for cleaning and lighting, prevent and remove encroachments upon them, and direct and
<br />regulate the planting of ornamental and shade trees;
<br />• regulate openings for laying out gas or water mains and pipes; building and repairing of sewers, tunnels, and
<br />drains; and the erecting of utility poles;
<br />• regulate the use of sidewalks along the streets and alleys, and require the owner or occupant of any premises
<br />to keep the sidewalks free from snow and other obstructions;
<br />• prevent any activity that would cause damage to any streets, alleys, or public ground;
<br />• regulate crosswalks, curbs, and gutters;
<br />• regulate and prevent the use of streets, parks, and public grounds for signs, signposts, awnings, awning posts,
<br />and power and communication poles, and for posting handbills and advertisements;
<br />• regulate and prohibit the exhibition or carrying of banners, placards, advertisements, or handbills in the streets
<br />or public grounds or upon the sidewalks;
<br />• regulate and prevent the flying of flags, banners, or signs across the streets or from houses; and
<br />• regulate traffic and sales upon the streets, sidewalks, and public places, and regulate the speed of vehicles,
<br />cars, and locomotives in the limits of the municipality.216
<br />The power to regulate public grounds also extends to municipal cemetery operations. The governing body may
<br />establish and regulate cemeteries either inside or outside of the municipal limits and may cause cemeteries to be
<br />removed and prohibit their establishment within one mile of the municipality.201
<br />REGULATING AND LICENSING BUSINESSES
<br />The municipal governing body has been granted general authority to prohibit, license, regulate, and tax businesses.
<br />Businesses that are offensive or unwholesome or that are carried on in an offensive or unwholesome manner may
<br />be prohibited from operating within the limits of the municipality.208 Any lawful occupation, business place,
<br />amusement, or place of amusement may be licensed, regulated, and taxed.201 In addition, there is express
<br />authorization for municipal regulation of many other specified businesses and business activities.211
<br />Regulation of business usually is accomplished by "licensing" — a process by which a certain type of business
<br />activity is prohibited in the municipality unless its operator obtains and maintains a business license. To obtain a
<br />license the business must satisfy all applicable standards and regulations.
<br />204 See C.R.S.§ 31-15-601.
<br />205 C.R.S. §§ 25-1-501 et seq.
<br />206 C.R.S. § 31-15-702.
<br />207 C.R.S. § 31-25-702.
<br />208 C.R.S. § 31-15-501(1)(a).
<br />209 C.R.S. § 31-15-501(1)(c). Oil & gas wells, however, are exempt from any occupation taxes.
<br />210 See C.R.S. § 31-15-501(d)—(q).
<br />Heather Balser / City of Louisville
<br />Order #azzov
<br />CQr�rLMM Xb&� UNICIPAL LEAGUE 25
<br />opyright by C
<br />
|