HomeMy WebLinkAboutOrdinance 1592I
CITY OF WHEAT RIDGE, COLORADO
INTRODUCED BY COUNCIL MEMBER FITZGERALD
Council Bill No. 02·2016
Ordinance No. 1592
Series of 2016
TITLE: AN ORDINANCE REPEALING AND REENACTING SECTION 16-1 06 OF THE
WHEAT RIDGE CODE OF LAWS CONCERNING LOITERING
WHEREAS, the C1ty 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. § 31-15-401 , the City, acting
through its City Counctl (the "Council"), IS authorized to adopt rules and regulations prohibiting certain
conduct and defimng general offenses that harm or pose a threat to the public health, safety or welfare;
and
WHEREAS, pursuant to such authority, the Council has previously defined and adopted certain
general offenses, codified as Chapter 16 of the Wheat Ridge Code of Laws ("Code"), including a
prohibition of loitering in or about school grounds, under certain circumstances, codified as Code
Section 16-1 06; and
WHEREAS, the Council finds that said Section 16-1 06 should be repealed and reenacted to
reflect the current state of the law concerning loitenng
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT
RIDGE, COLORADO:
Section 1. Section 16-106 of the Wheat Ridge Code of Laws, concerning loitering, is hereby
repealed and reenacted to read in its entirety as follows:
Sec. 16-1 06. Loitering.
(a) It is unlawful for any person, with mtent to interfere with or disrupt the school
program or with intent to interfere w1th or endanger schoolchildren, loiters in a school
building or on school grounds or within one hundred feet of school grounds when
persons under the age of eighteen are present in the building or on the grounds, not
having any reason or relationship involving custody of, or responsibility for, a pupil or
any other specific, legitimate reason for being there, and having been asked to leave
by a school administrator or his representative or by a peace officer.
(b) It shall be an affirmative defense that the defendant's acts were lawful and he
was exercising his rights of lawful assembly as a part of peaceful and orderly petition
for the redress of grievances. either in the course of labor disputes or otherwise.
(c) For purposes of this section, the word "loiter'' means to be dilatory, to stand idly
around, to linger, delay, or wander about. or to remain, abide, or tarry in a public place.
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 8 to 0 on this 11 111 day of
January, 2016, 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 January 25, 2016, 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
s to 0 , this 25th day of Janua ry , 2016.
SIGNED by the Mayor on this 25 th day of __ J a_n_u_a_r_Y _____ , 2016.
ATTEST:
J
First Publication: JanCo~._...'""~
Second Publication: January
Wheat Ridge Transcript
EffectiVe Date: February 12, 2016
2