HomeMy WebLinkAboutOrdinance 1538CITY OF WHEAT RIDGE , COLORADO
INTRODUCED BY COUNC IL MEMBER STITES
Counc il B ill No. 08
O r dinance No. 1538
Se ries of 2013
TI TLE : AN ORDINANCE AMEN DI NG THE PENALTIES FOR
VIOLATING SECTIONS 1203 AND 1208 OF THE MODEL
TRAF FI C COD E FOR COL ORADO, AS ADOPTED B Y THE
CITY , CONCER NI NG THE PARKING OF MAJOR VEHICLES
AND PARKING PRIVILEGES FOR PERSONS WITH
DISABILITIES, RESPECTIVELY, AND MAKING
CONFORM ING AMENDMEN TS TO SECTION 13-2 OF THE
WHE AT RIDGE CODE OF LAWS
W HERE AS , the City of Wheat Ridge , Colorado (the "City"), is a Colorado home
rule municipality, duly organized and existing pursuant to Section 6 of Article XX of the
Colorado Constitution; and
WHEREAS , pursuant to its home rule authority and C .R.S . § 31-15-702(1)(a), the
City possesses the authority to regulate the use and occupation of public rights-of-way
and property for vehicular travel and parking purposes; and
WHEREAS , pursuant to this authority, the City Council (the "Council ") previously
adopted the 2010 edition of the Model Traffic Code for Colorado ("MTC "), and certain
amendments thereto , codified as Section 13-2 of the Wheat Ridge Municipal Code
(''Code"); and
WHERE AS , as part of the local amendments to t he 2010 MTC , the Council
approved a tiered fine schedule for repeated violations of MTC sect ions 1203, concerning
the parking of major vehicles, and 1208, concerning parking privileges for persons with
disabi l ities ; and
WHEREAS, after due and proper consideration of the matter, the Council now
desires to eliminate said tiered fine schedule and to adopt a uniform mandatory fine for
violations of MTC sections 1203 and 1208, and to amend Code Section 13-2 accordingly.
NOW THEREFORE BE IT ORDAIN ED BY THE CITY COUNCIL OF THE CI TY OF
WHEAT RIDGE, COLORADO, THAT:
Section 1. MTC Subsection 1203(4), concerning the enforcement of
requirements concerning the parking of major vehicles, as adopted and amended by the
City under Paragraph 13-2(b)(9) of the Wheat Ridge Code of Laws, is hereby amended as
follows :
(4) E nforcement. Notwithstanding any other provisions of this Model
Traffic Code or of the Wheat Ridge City Code, any major vehicle as
defined herein which is parked or stored in violation of the provisions of
section 1203 of this code shall be subject to being towed and stored , at
the owner's sole expense , by a towing contractor selected by the chief
of police of the City of Wheat Ridge . The towing of illegally parked
vehicles is necessary to ensure traffic and pedestrian safety by
removing the view impediment created by the illegally parked major
vehicles . In addition to the right to tow said illegally parked major
vehicles, authority is granted to impose administrative charges upon
the owner or operator of said illegally parked vehicle , or the owner of
property allowing or permitting such illegal parking , subject to the
following requirements :
(a) To defray the cost of enforcement of this provision, a charge of
ONE HUNDRED FIFTY DOLLARS ($150 .00) fifty dollaFS ($50.00)
shall be imposed for the first offense, one hundred dollars
($1 00 .00) for the second offense , W/o hundred dollars ($200 .00) for
tho third offense, and three hundred dollaFS ($300.00) for tho fourth
or subsequent offenses ;
(b) Any person subjected to said administrative charges who
objects thereto shall be entitled to either:
1. Request a hearing before the municipal court referee
appointed pursuant to Section 14-10 of the Wheat Ridge Code
of Laws , which hearing shall be held no less than seventy-two
(72) hours after the making of said request ; or
2 . Have a summons and complaint issued directing such
person to appear in the Wheat Ridge Municipal Court to answer
charges of violating section 1203 of this code . If found guilty in
the Wheat Ridge Municipal Court of such charges or if a guilty
plea is entered, the court shall impose a fines as specified in
subsection 1203(4)(a) herein .
(c) No vehicle shall be released from storage after towing unless
and until all towing and storage charges have been paid, and all
administrative charges specified in this section 1203 have been
paid , or evidence is presented by the Wheat Ridge Police
Department in the municipal court that the rights granted under
section 1203( 4 )(b )(2) of this code have been invoked . In the event
any towing is found to be improper all costs for towing and storage
shall be reimbursed by the city to the owner.
Secti o n 2. MTC Subsections 1208(6) and (7), establishing penalties for violations
of requirements concerning parking privileges for persons with disabilities , as adopted and
amended by the City under Paragraph 13-2(b)(11) of the Wheat Ridge Code of Laws , is
hereby amended as follows :
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(6) (a) A person who does not have a disability and who exercises the
privilege defined in subsection (2) of this section or who violates
subsection (5) or (1 0) of this section commits a class 8 traffic
infraction punishable by a FINE OF TWO HUNDRED TWENTY-
FIVE DOLLARS ($225 .00) minimum fine of three hundred fifty
dollars, not to exceed one thousand dollars, for the first offense and
a minimum fine of six hundred dollars, not to exceed one thousand
dollars, for a second offense or subsequent offenses .
(b) A person who violates this subsection (6) by parking a vehicle
owned by a commercial carrier, as defined in section 42-1-102 (17),
shall be subject to a fine of up to twice the penalty imposed in
paragraph (a) of this subsection (6), not to exceed one thous and
doll ars .
(7) A person who does not have a disability and who uses an identifying
license plate or placard in order to receive the benefits or privileges
available to a person with a disability under this section commits a
misdemeanor punishable by a FINE OF TWO HUNDRED TWENTY-
FIVE DOLLARS ($225.00) minimum fine of three hundred fifty dollars,
not to exceed one thousand dollars , for the first offense and a
minimum fine of six hundred dollars , not to exceed one thousand
dollars for a second offense or subsequent offenses .
Secti on 3 . Safe ty C lause. The City Counci l hereby finds , determines, and
declares that this Ordinance is promulgated under the general police power of the City of
Wheat Ridge , that it is promulgated for the health, safety, and welfare of the public and
that this Ordinance is necessary for the preservation of health and safety and for the
protection of public convenience and welfare . The City Council further determines that the
Ordinance bears a rational relation to the proper legis lative object sought to be attained .
Secti on 4. Severabi li ty j Confli cting O rd inances Re pealed . If any section ,
subsection or clause of this Ordinance shall be deemed to be unconstitutional or otherwise
invalid , the validity of the remaining sections , subsections and clauses shall not be affected
thereby . All other ordinances or parts of ordinances in conflict with the provisions of this
Ordinance are hereby repealed .
Secti on 5. Effective Date . This Ordinance shall take effect fifteen (15) days after
final publication , as provided by Section 5 .11 of the Charter.
IN TRODUCED , READ, AND ADOPTED on first reading by a vote of 5 to 3 on this
13TH day of May, 2013, ordered published in full in a newspaper of general circulation in
the City of Wheat Ridge and Public Hearing and consideration on final passage set for
June 10, 2013 , at 7:00 o'clock p .m., in the Council Chambers, 7500 West 29th Avenue,
Wheat Ridge , Colorado. Adopted on second reading on June 10, 2013 ; vetoed by the
Mayor on June 11 , 2013 ; veto overridden by the Council on June 24 , 2013 and ordinance
reconsidered and amended on June 24 , 2013
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READ, ADOPTED AND ORDERED PUBLISHED on second and final reading , after
public hearing , by a vote of 8 to 0 , this 24th day of June, 2013.
SIGNED by the Mayor on this # day f .:J:,LV , 2013 .
:-.J
( J I ,1\ \\'\.
ATTEST:
Gerald E. Dahl, City Attorney
* C: 0
First Pubh ~ 16, 2013
Second Publication: June 27 , 2013
Wheat Ridge Transcript
Effective Date: July 12 , 2013
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