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HomeMy WebLinkAboutOrdinance 1567TITLE : CITY OF WHEAT RIDGE , COLORADO INTRODUCED BY COUN CI L MEMBER FITZGERALD Council Bill No. 06 Ordinance No. 156/ Series of 2015 AN ORDINANCE AMENDING SECTION 16-156 OF THE WHEAT RIDGE CODE OF LAWS CONCERNING INTERFERENCE WITH PUBLIC OFFICERS PERFORMING THEIR DUTIES WHEREAS , the City of Wheat Ridge , Colorado (the "Cityw), 1s 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 . § 31-15-401 , the City , acting through its City Counc il (the "Council "), is authorized to adopt rules and regulat io ns prohibiting certain conduct and defining general offenses that harm or pose a threat to the public health , safety or welfare; and WHEREAS , pursuant to such authority, the Council has prev iously defined and adopted certain general offenses , codified as Chapter 16 of the Whe at Ridge Code of Laws ("Code"), including a prohibition of interfering with publi c officers in the performance of their duties , codified as Code Section 16-156; and WHEREAS , the Council finds that said Sect1on 16-156 should be amended and updated to reflect the current state of the law concerning investigatory stops and interference with officers. NOW THERE FORE BE IT ORDAINED B Y THE CITY COU NCIL OF THE CITY OF WHEAT RIDGE , COLORADO: Section 1 . Section 16-156 of the Wheat Ri dge Code of Laws , concerning interference with public officers when discharging their duties , Is hereby amended as follows : Sec. 16 -156. Same-When i n d i s c harge of duties. (a) It is unlawful for any person to use and/o r to threaten to use violence , force , or phys ica l interference, or any obstacle for the purpose of knowingly obstructing , im pairing , hindering or attempt ing to prevent the investigation of any incident , the enforcement of any penal code , or the preservation of the pe ace by a police officer or a peace officer acting under color of AAi official a uthority , and/or any canine utilized by any police officer in the discharge of such authorized official law enforcement duties , or knowingly to obstruct, impair, hinder or attempt to prevent the prevention , control or abatement of fire by a fireman FIREFIGHTER acting under color of R+s official authority . (b) It 1s ~::~nlavA~:~I fer any person te threaten •.•ielenoo, repr isal or any ether if'l:i~::~rio~:~s act to any police officer, peace officer, fireman , city employee or other p1:1blic oUlcial who is engaged in the performance or attempted perform ance of his official d~:~ties , or to make s1::1ch a throat by reason of s~:~ch officer's performance or attempted performance of his official dl:lties . ~ It is unlawful for a person knowingly to g ive false infonnation or a fa lse name or a false address to a pol ic e officer or a peace officer acting under color of official authority with the purpose of implicating another or with the intent to hide one 's own real name, address or age . (C e ) It is unlawfu l for a person WHO HAS BEEN STOPPED BY A POLICE OFFICER OR PEACE OFF ICER ACTING UNDER COLOR OF O FFIC IAL AUTHOR ITY , UPO N REASONABLE SUSP IC ION THAT TH E PERSON IS COMMITTING , HAS COMMITTED OR IS ABOUT TO COMMIT A CRIME , TO knowingly te refuse to reveal his correct name , address or date of birth when requested to do so by SUCH a police officer or a peace officer acting under color of official authority. Section 2. Safety Clause. The City Counc il hereby finds, determines, and declares that this Ordinance is promulgated under the general pol ice 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 conven ience and welfare. T he City Council further detennines that the Ordinance bears a rational relation to the proper legislative object sought to be attained . Sect ion 3 . Severability ; Conflict i ng Ordi na nces 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 th is Ordinance are hereby repealed Section 4 . Effecti ve Date. Th is 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 8 to 0 on this gill day of February, 2015, ordered published in full in a newspaper of general c irculat ion in the City of Wheat Ri dge and Public Hearing and consideration on final passage set for February 23 , 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 8 to 0 ' this 23rd day of February ' 2015 . SIGNED by the Mayor on this _2_3_r _d _ day of February 12015. J({yce JaY)10f I I 2 ATTEST: coLoRP..<Vo First Publication. ruary 12, 2015 Second Publication : February 26, 2015 Wheat Ridge Transcript Effective Date : March 13, 2015 3