No county shall adopt an ordinance that is in conflict with any state statute.
Source: L. 79: Entire part added, p. 1147, § 1, effective May 24.
ANNOTATION
Determination and effect of conflict. No local government may adopt an ordinance or resolution that is in conflict with a state statute. If it does conflict, the ordinance or resolution is void. However, for a conflict to exist, both the state statute and the local ordinance or resolution must contain express or implied conditions which are inconsistent and irreconcilable one with the other. C & M Sand & Gravel v. Bd. of County Comm'rs, 673 P.2d 1013 (Colo. App. 1983).
County ordinance which purportedly conflicts with a state statute may coexist with such state statute if the ordinance does not have provisions which irreconcilably conflict with state statute, but, if there is such a conflict, the state statute preempts the county ordinance. Bd. of County Comm'rs v. Martin, 856 P.2d 62 (Colo. App. 1993).
A county ordinance and a state statute may both remain effective and enforceable as long as they do not contain express or implied conditions that are irreconcilably in conflict with each other. Wilkinson v. Bd. of County Comm'rs, 872 P.2d 1269 (Colo. App. 1993).
Applied in Hudspeth v. Bd. of County Comm'rs, 667 P.2d 775 (Colo. App. 1983).