TITLE 110

The City shall have a paid Police Department consisting of a Chief of Police and such number of police officers as in the judgment of the City Manager may be necessary to the peace and good order of the City. (Code 1962 §9.1; Code 1971 §18-1)

110.010.020 Duties of Chief of Police generally.

The Police Department shall be headed by a Chief of Police. He/she shall direct, subject to the supervision of the Director of Public Safety, the police work of the City and be responsible for the maintenance of law and order. His/her work shall include control of investigation, records, traffic, crime prevention and all subjects allied to police work. He/she shall be responsible for the maintenance and care of all property used by the Police Department. The operation of the Police Department shall be in accordance with rules and regulations promulgated by the Chief of Police and with the provisions of this Code. (Code 1962 §7.2-5; Code 1971 §18-2)

110.010.030 Duties of police officers.

All members of the Police Department shall have powers and duties as follows:

(1) They shall perform all duties required by the Police Chief;

(2) They shall suppress all riots, disturbances and breaches of the peace, apprehend all disorderly persons in the City and pursue and arrest any person fleeing from justice in any part of the State.

(3) They shall be the enforcement officers of the City and shall enforce the provisions of this Code, other ordinances of the City and the laws of the State. They shall arrest without process all persons engaged in such violations in their presence. Upon such arrest, they shall forthwith convey such offenders before the proper officer to be dealt with according to law; provided that they may incarcerate any person whom they shall arrest at a late and unusual hour of the night until the following morning; and, provided further, in the special cases relating to traffic offenses set forth in Title 120, they may release an arrested person upon his/her written promise to appear in court.

(4) They shall report such offenses as may come to their knowledge to the proper City officials or they shall report the same to the Municipal Judge, securing a warrant for the arrest of offenders when desirable.

(5) They shall execute and return all writs and processes to them directed by the Municipal Court in any case arising under a City ordinance, and they may serve the same in any part of the County.

(6) If they observe a condition of a street, alley or sidewalk that would likely become a hazard to traffic and/or pedestrians, or an obstruction, nuisance or impediment thereon, they should report the same to the Director of Public Works within a reasonable time. (A 7-96 §1)

(Code 1962 §9.2; Code 1971 §18-3; A 7-96 §1)

110.010.040 Disposition of lost, abandoned and confiscated property held in possession of City.

(a) The Chief of Police shall act as custodian of all property seized, taken or delivered into the possession of the Police Department.

(b) It shall be the duty of the Chief of Police to keep a record of all property which may be seized or taken, or possession of which is delivered to the Police Department.

(c) All property seized or taken or the possession of which is delivered to the Police Department shall be held for a period of ninety (90) days, during which period of time such property may by claimed by the rightful owner thereof; however, if any such property so seized, taken or held in possession shall be of a perishable nature or so bulky or of such nature as to make it dangerous or inadvisable to retain possession thereof for the length of time herein specified, the Chief of Police may, with approval of the City Manager, cause such property to be forthwith advertised in the official newspaper of the City and sell such property at public auction at any time after twenty-four (24) hours shall have elapsed from the date of such publication.

(d) Upon claim being made by any person for any property held by the Chief of Police, it shall be the duty of the Chief of Police to make such inquiry and examination as to the ownership of said property as he/she may deem necessary; and if he/she is satisfied that said property belongs to the person claiming the same, the Chief of Police is hereby authorized to deliver possession thereof to such person upon such person giving proper receipt therefor.

(e) All property not returned to a claimant within the period of time above provided shall be sold at public auction not less than once annually. Notice of such sale shall be published in the official paper of the City at least once, which notice shall be directed to the public and shall contain a statement of the following matters:

(1) A general statement of the property which will be sold at public auction;

(2) Notification to all persons who have any claim of ownership or title to the property to make presentment of their claim prior to the date of sale;

(3) The time and place where all unclaimed property shall be sold; and

(4) That the sale shall not be held earlier than fifteen (15) days from the date of first publication of the notice of sale.

(f) A sale of all unclaimed property shall be conducted by the Chief of Police or his/her agent at public auction for the highest and best price obtainable, and he/she shall receive from the purchaser of each and every article the amount bid in cash or certified funds by such purchaser for the same. The proceeds of all sales shall be promptly remitted to the Director of Finance, along with a description of each article sold and the amount of money received for each article.

(g) No property seized or taken or the possession of which is delivered to the Police Department and which may be used as evidence in any court shall be subject to the provisions of this Section until such time as such property is released into the final custody of the Police Department by the court having jurisdiction in the premises. (Code 1971 §18-5)

(Code 1971 §18-5)

110.010.050 Permits for concealed weapons.

(a) The Chief of Police may issue permits allowing any person to carry a handgun concealed on or about his/her body. The permit shall be valid for one (1) year.

(b) Prior to the issuance of the permit to carry a concealed weapon, the Chief of Police must be satisfied that the individual applying for the permit has demonstrated need to carry a concealed weapon, is proficient in the safe operation of the weapon and has no prior criminal conviction making the carrying of said weapon unlawful under the laws of the State or the United States.

(c) For the purposes of this Section, handgun means any revolver or pistol capable or intended to be capable of discharging bullets, cartridges or other explosive charges.

(d) For the purposes of this Section, concealed means the location of a handgun on a person's body or under his/her clothing in a manner that obstructs observation of all or most of the handgun from view of another person. (Code 1971 §8-6)

(Code 1971 §8-6)

ARTICLE 110.020

Fire

110.020.010 Organization of Fire Department.

The Fire Department shall be a volunteer department, except for the Fire Chief and such other employees as should be determined necessary by the City Council, who shall be full-time employees of the City. The Fire Department shall be a part of the Emergency Services Department. The operation of the Fire Department shall be in accordance with the regulations set forth in this Article. (Code 1962 §7.2-6; Code 1971 §6-27; A 38-90 §3; A 26-99 §2)

110.020.020 Duties of Fire Chief and Fire Department.

(a) Duties of the Fire Chief. In addition to the other duties of the Fire Chief as may be set forth in this Article, the Fire Chief shall be responsible for the proper operation of the Fire Department and shall be responsible for the maintenance and care of all property used by the Fire Department. In addition, the Fire Chief shall be charged with the extinguishment and prevention of fires, the protection of life and property against fires and the removal of fire hazards.

(b) Duties of the Fire Department. It shall be the duty of the Fire Department to prevent and extinguish fires, to educate the public in all matters pertaining to the fires and fire prevention, to care for all fire apparatus and other City property in its charge, and to perform such other duties as may be assigned to it by the Fire Chief. (Code 1962 §10.1; Code 1971 §6-28; A 38-90 §3; A 26-99 §2)

(Code 1962 §10.1; Code 1971 §6-28; A 38-90 §3; A 26-99 §2)

110.020.030 Fire Chief designated emergency response authority for hazardous wastes.

The Fire Chief is designated as the emergency response authority for hazardous materials incidents occurring within the corporate limits of the City. (Code 1971 §6-37; A 26-99 §2)

110.020.040 Rules and regulations.

The Fire Chief may promulgate rules and regulations for the operation, organization, administration and duties of the Fire Department subject to the approval of the City Manager. (A 38-90 §3; A 26-99 §2)

110.020.050 Authority to respond to alarms outside City and District.

The Fire Department shall not respond to alarms outside of the corporate limits and fire district limits, or as otherwise allowed by state law, leaving the City and District unprotected, except that not more than one-half (½) of the membership may respond to such alarms with reserve equipment only when authorized to do so by the Fire Chief. The City Council by agreement may enter into agreements with other fire departments for mutual cooperation in fighting fires both within and without the City limits. (Code 1962 §10-8; Code 1971 §6-35; A 9-96 §2; A 26-99 §2; A 16-99 §2)

110.020.060 Reports of Fire Chief.

(a) Report of fires. The Fire Chief shall keep or cause to be kept a complete record of the activities of the Fire Department and shall make a thorough investigation of each fire and report to the City Manager, in writing, at least quarterly, the following information in regard to each fire: cause, location, time, owner, tenant, occupancy, type of building, insurance carried, insurance paid, building loss, contents loss, how extinguished, apparatus used, firefighters present, adequacy of water supply and pressure and other information of value.

(b) Moment report. The Fire Chief shall annually make an inventory of all property owned by the Fire Department or in its charge, noting the condition of each article, which shall be submitted to the City Manager together with recommendations for the purchase of additional equipment needed and any other recommendations he/she may desire to submit affecting the Fire Department. The Fire Chief shall also submit and annually update a five-year plan for equipment replacement in the Fire Department to be considered by the City Manager and the City Council during the annual budgeting process. Loss of or damage to equipment and accidents involving members of the Department in the performance of their duties shall be reported promptly to the City Manager by the Fire Chief

(c) Fire hydrants. Fire hydrant testing and maintenance shall comply with the 1994 Uniform Fire Code, Section 903.4.1.2, "Testing and maintenance." Fire hydrant systems shall be subject to such periodic tests as required by the Fire Chief. Fire hydrant systems shall be maintained in an operative condition at all times and shall be repaired where defective. Additions, repairs, alterations and servicing shall be in accordance with approved standards. (A 9-96 §1)

(d) List of members. The Fire Chief shall maintain in the office of the City Clerk an accurate list of the members of the Fire Department and shall report promptly any additions to or withdrawals from such membership. (Code 1962 §10-6; Code 1971 §6-33; A 38-90 §3; A 26-99 §2)

(Code 1962 §10-6; Code 1971 §6-33; A 38-90 §3; A 9-96 §1; A 26-99 §2)

110.020.070 Police authority.

The Fire Chief and members acting under his/her orders shall have full and complete police powers and authority within the fire station, at fires and proceeding to or returning from them, and shall have authority to make arrests for all violations of this Code or other City ordinances the enforcement of which is under his/her jurisdiction. All members of the Police Department shall be subject to his/her orders at fires and shall cooperate with him/her in the enforcement of the above mentioned ordinances. The Fire Chief may prescribe limits at fires within which no person shall be admitted except by his/her order. (Code 1962 §10.5; Code 1971 6-32; A 26-99 §2)

110.020.080 Inspections.

It shall be the duty of the Fire Chief to inspect or cause to be inspected by members of the Fire Department, as often as may be necessary, all buildings, premises and public thoroughfares, except the interiors of private dwellings, for the purpose of ascertaining and causing to be corrected any conditions liable to cause fire or any violation of the provisions or the intent of any provision of this Code or any City ordinance concerning a fire hazard. (Code 1962 §10.11; Code 1971 §6-6)

110.020.090 Right of entry.

The Fire Chief and members acting under his/her orders shall have authority to enter any building in the proper performance of their duties. (Code 1962 §10.12; Code 1971 §6-7; A 26-99 §2)

110.020.100 Unauthorized use of fire apparatus prohibited.

No person not a member of the Fire Department shall use any of the fire apparatus at fires or otherwise unless acting under orders of the Fire Chief. Fire apparatus and other City property in the charge of the Fire Department shall not be loaned or rented except by permission of the Fire Chief. (Code 1962 §§10.7, 10.10; Code 1971 §§6-3, 6-34; A 26-99 §2)

110.020.110 Unauthorized interference with fire alarm system prohibited.

(Code 1962 §10.10; Code 1971 §6-4; R 9-96 §3)

110.020.120 False alarms prohibited.

(Code 1962 §10.10; Code 1971 §6-5; R 9-96 §3)

110.020.130 Interfering with Fire Department members prohibited.

(Code 1962 §10.10; Code 1971 §6-2 R 9-96 §3)

110.020.140 Miscellaneous fire regulations.

(Code 1962 §§10.15, 10.16; Code 1971 §§6-11—6-13; R 9-96 §3)

110.020.150 Fireworks.

(a) Definitions. As used in this Section, unless the context otherwise requires:

Fireworks means any article, device or substance prepared for the primary purpose of producing a visual or auditory sensation by combustion, explosion, deflagration or detonation, including, without limitation, the following articles and devices commonly known and used as fireworks: toy cannons or toy canes in which explosives are used, blank cartridges, the type of balloon which requires fire underneath to propel the same, firecrackers, torpedoes, skyrockets, rockets, Roman candles, Day-glo bombs, torches, capsticks, bottle rockets or other fireworks of like construction, and any fireworks containing any explosive or flammable compound or any tablets or other devices containing any explosive substance. Fireworks does not include:

a. Toy caps which do not contain more than twenty-five hundredths (²⁵/100) of a gram of explosive compound per cap;

b. Sparklers, toy smoke devices, trick matches, cigarettes loads, trick noise makers and novelty auto alarms; or

c. Highway flares, railway fuses, ship distress signals, smoke candles and other emergency signal devices.

Manufacturer means any person who manufactures, makes, constructs or produces any fireworks article or device.

Retailer means any person who sells, delivers, consigns or furnishes fireworks to another person not for resale.

Wholesaler means any person who sells, delivers, consigns, gives or in any way furnishes fireworks to a retailer for resale.

(b) Unlawful to sell or use certain types of fireworks. Except as provided in Subsection (c) hereof, it shall be unlawful in the City for any person to offer for sale, expose for sale, sell or have in his/her possession with intent to offer for sale, sell, use or explode any fireworks.

(c) Permits for display. The Fire Chief shall have the power to grant permits for supervised public fireworks displays and to adopt reasonable rules and regulations for the granting of such permits. Application for a permit shall be made in writing at least fifteen (15) days in advance of the date of display. Every display shall be handled by a competent operator and shall be of such character and so located, discharged and fired as not to be hazardous to property or endanger any person. Before a permit is granted, the operator and the location and handling of the display shall be approved, after investigation, by the Fire Chief. No permit shall be transferable or assignable. (A 26-99 §2)

(d) Bond. A bond may be required of each permittee in a sum not less than one thousand dollars ($1,000.00), conditioned for the payment of all damages which may be caused either to persons or property by reason of the licensed display and arising from the acts of the permittee, his/her agents, employees or subcontractors.

(e) Construction. This Section shall not be construed to prohibit:

(1) Any person, including a manufacturer, who has first obtained a license to sell display fireworks from offering for sale, exposing for sale, selling or having in his/her possession with intent to offer for sale, or sell, fireworks to any person or organization holding a display permit issued pursuant to this Section;

(2) Any person from using or exploding fireworks in accordance with the provisions of any display permit issued pursuant to this Section;

(3) Any resident manufacturer from manufacturing and selling, or resident wholesaler, dealer or jobber from selling at wholesale, such fireworks as are not prohibited under this Article; the sale of any kind of fireworks, provided that the same are to be shipped directly out of state in accordance with regulations of the United States Interstate Commerce Commission covering the transportation of explosives and other dangerous articles by motor, rail and water; the use of fireworks by railroads or other transportation agencies for signal purposes or illumination; the sale or use of blank cartridges for a show theater, signal or ceremonial purposes in athletics or sports or by military organizations; or the use of fireworks for agricultural purposes under conditions approved by the City;

(4) Any person from offering for sale, exposing for sale, selling, having in his/her possession with intent to offer for sale, or sell, or from using or firing toy pistols, toy guns, sparklers or other devices in which caps manufactured in accordance with this Article are used; or

(5) The importation, purchase, sale or possession of fireworks which are used or to be used solely to prevent damage to crops by animals or birds, the sale and use of which shall be governed by rules and regulations adopted by the City with the assistance of other appropriate departments of the State.

(f) Seizure of fireworks. The Police Department or Fire Chief shall seize, take and remove, at the expense of the owner, all stocks of fireworks or combustibles offered or exposed for sale, stored or held in violation of this Section. (Code 1971 §6-52; A 21-87 §§1, 2; R & Re 6-88 §1; A 26-99 §2)

(Code 1971 §6-52; A 21-87 §§1, 2; R & Re 6-88 §1; A 26-99 §2)

110.020.160 Violations.

Any person violating any of the provisions of this Article shall be deemed guilty of a misdemeanor and, upon conviction of the same, shall be punished in accordance with the provisions of Section 010.020.080.

110.020.170 Permit Fees.

The Fire Department is authorized to collect the following fees.

Project plan review applications shall be completed and permit fees shall be paid to the Glenwood Springs Fire Department when plans are submitted for approval.

Fee Schedule:

Automatic Fire Protection Systems: Blds. 0-15,000 sq. ft. Blds 15,001 sq. ft. or more

Covers plans review and two $300 $500

Inspections 13, 13R, 13D systems

Automatic Fire Alarm Systems: $300 $500

Covers plans review and two

Inspections

Standpipe System not part of $100 $175

Combination Fire Sprinkler

System;

Automatic Fire Protection System $100

Modification:

Fire Alarm System Modification: $100

Fire Pump and or Jockey Pump: $150

Plans review, new install test

Water tanks for fire protection $125

Including cistern;

Plans review & 2 site inspections

Compressed Gas Installations, $75

LP, Natural or other, Permanent or

Temporary:

Plans review & one site inspection

Tents, Canopies & Other Membrane $50

Structures: Tents in excess of

200 sq. ft., canopies in excess of

400 sq. ft.

Includes one site inspection

Kitchen hood Fire Suppression $150

Systems: Includes plan review &

on site trip test

Fireworks: $50

Includes one site inspection

Bulk fuel tank installation: $300

Plans review & 2 site inspections

Re-inspection fees in addition to $50 per hour or part of an hour

the allotted amount shall be billed

at:

Work without a permit or approval: Double fee (inspection fee and plans review), work

shall stop until plans have been submitted,

approved and fees paid

Open burn permits: $0

Application shall be filled out prior

to starting an open burn

For all other permits required by the 2003 International Fire Code but not listed above, no fee will be charged. However, for those operations, an application shall be completed and on file with the Glenwood Springs Fire Department. The building owner and or business operator shall renew these permits annually or as required by Glenwood Springs Fire Department.

(Ad 19-04, §2)

ARTICLE 110.030

Disaster Emergency Services *

110.030.010 Disaster agency established.

There is hereby created and established a City disaster agency, to be composed of the Mayor as chairman and such other persons as the Mayor may appoint from time to time. Each member shall serve at the pleasure of the Mayor. (Code 1962 §14.1; Code 1971 §5-1)

110.030.020 Duties.

The City disaster agency shall perform such functions as are required of it by state law. (Code 1962 §14.2; Code 1971 §5-2)

110.030.030 Rules and regulations.

The Mayor shall have the power to promulgate, in writing, rules and regulations which shall be reasonably necessary for providing disaster emergency services. (Code 1962 §14-3; Code 1971 §5-3)

110.030.040 Acts done under Article's authority immune from liability.

All things done by authority of this Article, or by authority of any rule or regulation promulgated pursuant to this Article, shall constitute the exercise by the City of its governmental functions; and the City, its officers, authorized persons and organizations as herein provided for, and any persons complying with this Article, or with the rules and regulations promulgated pursuant to this Article, shall not be liable for any damage sustained by any person or property as a result of the enforcement of or compliance with this Article or any such rule or regulation. (Code 1962 §14.4; Code 1971 §5-4)

110.030.050 Compliance with Article required.

It shall be a misdemeanor for any person to violate any provision of this Article or any rule or regulation promulgated pursuant to this Article and upon, conviction of the same, such person shall be punished in accordance with the provisions of Section 010.020.080.

ARTICLE 110.040

Emergency Medical Services

110.040.010 Organization of Emergency Medical Services.

The Emergency Medical Services Section of the Fire Department shall be staffed by volunteers except for the Emergency Services Director and such other employees, as shall be determined necessary by the City Council, who shall be full-time employees of the City. The operation of the Emergency Medical Services Section shall be in accordance with the regulations set forth in this Article. (A 25-92 §1; A 26-99 §2)

110.040.020 Duties of Fire Chief and Emergency Medical Services Section.

(a) Duties of the Fire Chief. In addition to the other duties of the Fire Director as may be set forth in this Article, the Fire Chief shall be responsible for the proper operation of the Fire Department and shall be responsible for the maintenance and care of all property used by the Fire Department. In addition, the Fire Chief shall be charged with providing emergency medical services to persons within the service area of the Fire Department. (A 25-92 §1; A 26-99 §2)

(b) Duties of the Emergency Medical Services Section. It shall be the duty of the Emergency Medical Services Section to provide emergency medical services under the direction of the Fire Chief and to perform such other duties as may be assigned to it by the City Manager. (A 25-92 §1; A 26-99 §2)

(c) Exclusive responsibility of Emergency Medical Services Section. The Emergency Medical Services Section shall be exclusively responsible for providing emergency medical services, including those arising from 911 calls, within the boundaries of the City. For purposes of this provision, emergency medical services includes any actual or perceived event which appears to threaten life, limb or well-being of an individual in such a manner that a need for immediate medical care is created. Emergency medical services also includes services provided upon request for emergency medical service to transport or assist persons in apparent sudden need of medical attention or a medical emergency, or to transport blood or any therapeutic device, accessory to such device, tissue or organ. (A 25-92 §1)

(d) Nonemergency medical services. Medical emergency services, including ambulance services, other than those provided under the auspices of the Emergency Medical Services Section, may be utilized in nonemergency situations such as calls which require routine medical services in conjunction with transportation, such as patient transfers from hospitals to nursing homes or private residences. Nonemergency ambulance services shall not provide emergency medical services as set forth in this Section unless specific authorization is given by the Fire Chief due to the nature of the emergency situation and the availability of necessary levels of emergency medical services. Nonemergency ambulance services which provide such services within the City shall be required to submit an "Operational Service Plan" to the Fire Chief annually. The Fire Chief shall be empowered to develop rules and regulations concerning the Operational Service Plan requirements of this Subsection. (A 25-92 §1; A 26-99 §2)

(A 25-92 §1; A 26-99 §2)

110.040.030 Rules and regulations.

The Fire Chief may promulgate rules and regulations for the operation, organization, administration and duties of the Emergency Medical Services Section such to the approval of the City Manager. (A 25-92 §1)

110.040.040 Authority to respond to calls outside City.

The Emergency Medical Services Section shall not respond to calls outside the City and Fire District, or as otherwise allowed by state law, except pursuant to an intergovernmental agreement duly approved by the City Council. (A 25-92 §1; A 9-96 §4)

110.040.050 Reports of Fire Chief.

(a) Report of emergency medical services calls. The Fire Chief shall keep or cause to be kept a complete record of the activities of the Emergency Medical Services Section and shall make a thorough report to the City Manager, in writing, at least annually or as requested, in regard to each emergency medical services call: purpose, location, time, persons served, insurance carried, insurance paid, outcome of call, apparatus used, personnel present and other information of value. (A 25-92 §1; A 26-99 §2)

(b) Equipment report. The Fire Chief shall annually make an inventory of all property owned by the Emergency Medical Services Section or in its charge, noting the condition of each article, which shall be submitted to the City Manager, together with recommendations for the purchase of additional equipment needed and any other recommendations he/she may desire to submit affecting the Emergency Medical Services Section. The Fire Chief shall also submit and update annually a five-year plan for equipment replacement in the Emergency Medical Services Section to be considered by the City Manager and the City Council during the annual budgeting process. Loss of or damage to equipment and accidents involving members of the Department in the performance of their duties shall be reported promptly to the City Manager by the Fire Chief. (A 25-92 §1)

(c) List of members. The Fire Chief shall maintain in the office of the City Clerk an accurate list of members of the Emergency Medical Services Section and shall report promptly any additions to or withdrawals from such membership. (A 25-92 §1; A 26-99 §2)

(A 25-92 §1; A 26-99 §2)

110.040.060 Right of entry.

The Fire Chief and members acting under his/her orders shall have authority to enter any building or other property in the proper performance of their duties. (A 25-92 §1; A 26-99 §2)

110.040.070 Unauthorized use of Emergency Medical Services Section equipment prohibited.

No person not a member of the Emergency Medical Services Section shall use any of the emergency medical services apparatus at emergency medical services calls or otherwise unless acting under orders of the Fire Chief. Emergency Medical Services Section apparatus and other City property in the charge of the Fire Department shall not be loaned or rented except by permission of the Fire Chief. (A 25-92 §1; A 26-99 §2)

110.040.080 Interfering with Emergency Medical Services Section members prohibited.

It shall be unlawful for any person to interfere in any way with the members of the Fire Department in the performance of their duties. (A 25-92 §1; A 26-99 §2)

* (State Law Reference: Section 28-2-107, C.R.S., as amended.)