HomeMy WebLinkAboutOrdinance 1566CITY OF WHEAT RIDGE, COLORADO
INTRODUCED BY COUNCIL MEMBER DiTULLIO
COUNCIL BILL NO. 05
ORDINANCE NO. 1566
Series 2015
TITLE: AN ORDINANCE ADOPTING A NEW SECTION (16-160) OF THE
WHEAT RIDGE CODE OF LAWS REQUIRING THE PAYMENT
OF SEX OFFENDER FEES AT THE TIME OF REGISTRATION
WHEREAS, 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 C .R.S . § 16-22-108(1)(a)(ll), the Wheat Ridge Police
Department (WRPD) is required to accept and process sex offender registrations from
City residents who are required by law to register as sex offenders; and
WHEREAS, in association with sex offender registration , the WRPD is authorized
by C .R.S . § 16-22-108(7) to impose and collect a registration fee , which fee recoups a
portion of the City's cost in staff time and resources necessary to process sex offender
registrations , including but not limited to maintaining the City's public sex offender list; and
WHEREAS, when a sex offender fails to pay the applicable registration fee , the
WRPD may not lawfully refuse to process the offender's registration , and the Council finds
that the WRPD should not refuse to process such a registration , it being of critical
importance that sex offenders are timely registered and that public registration lists remain
current and accurate ; and
WHEREAS, for calendar years 2012 and 2013 , the WRPD reports that it carries
two thousand seven hundred eighty-four dollars ($2 , 784 .00) in outstanding unpaid sex
offender registration fees ; and
WHEREAS, the collection of registration fees is necessary to continue to fund the
City's obligations concerning sex offender registration and there is currently no effective
means of enforcing the requirement to pay such fees; and
WHEREAS, the City Council therefore finds that it is necessary and desirable to
adopt local Code requirements concerning sex offender registration and the payment of
registration fees so that such requirements may be quickly and effectively pursued in the
Wheat Ridge Municipal Court.
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
WHEAT RIDGE , COLORADO:
Section 1. Chapter 16 of the Wheat Ridge Code of Laws , concerning Offenses , is
hereby amended by the addition of a new Section 16-160, concerning sex offender
registration and fees, to read in its entirety as follows :
Sec. 16-160. Sex Offender Registration and Fee Required.
(a) Every person who is required by statute , ordinance, law, rule,
regulation or any other legal obligation to register as a sex offender with
the Wheat Ridge Police Department shall register with the Wheat Ridge
Police Department in the time frame prescribed by such statute,
ordinance, law, rule , regulation or other legal obligation. It is unlawful to
fail to register as required by this subsection .
(b) Every person who is required to register as a sex offender with the
Wheat Ridge Police Department pursuant to subsection (a) of this Section
shall, at the time of registration , pay the applicable sex offender
registration fee as set forth in the Wheat Ridge Police Department Fee
Schedule, as adopted and amended by the City Council from time to time.
It is unlawful to fail to timely pay the registration fee requ ired by this
subsection.
Section 2. Safety Clause. The City Council 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 legislative
object sought to be attained.
Section 3. Severability; Conflicting Ordinances Repealed . 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.
Section 4 . Effective Date . This Ordinance shall take effect fifteen (15) days after
final publication, as provided by Section 5 .11 of the Charter.
INTRODUCED, READ, AND ADOPTED on first reading by a vote of 7 to 1 on this
gth day of February, 2015, 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
February 23rd , 2015, at 7 :00 o'clock p .m ., in the Council Chambers, 7500 West 29th
Avenue, Wheat Ridge , Colorado.
READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a
vote of 7 to 1 this 23 r d day of February , 2015 .
SIGNED by the Mayor on this _2_3_r_d_ Fe bruary 2015 -----------· .
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ATTEST:
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First Publication : February 12 , 2015
Second Publication : February 26 , 2015
Wheat Ridge Transcript
Effective Date: March 13, 2015
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