HomeMy WebLinkAboutOrdinance 1591CITY OF WHEAT RIDGE, COLORADO
INTRODUCED BY COUNCIL MEMBER DAVIS
Council Bill No. 01-2016
Ordinance No. 1591
Series of 2016
TITLE: AN ORDINANCE REPEALING SECTION 17-31 AND AMENDING SECTIONS 16-113 AND
16-114 OF THE WHEAT RIDGE CODE OF LAWS CONCERNING SOLICITATION
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 its home rule authority and C. R.S . § 31-15-401, the City, acting
through its City Council (the "Council"), is authorized to adopt rules and regulations 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 previously adopted and defined certain
offenses concerning solicitation, codified as Sections 17-31 , 16-113 and 16-114 of the Wheat Ridge
Code of Laws ("Code"), and
WHEREAS, the Council finds that said Section 17-31 should be repealed and Sections 16-113
and 16-114 should be amended and updated to reflect the current state of the law.
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT
RIDGE, COLORADO:
Section 1. Section 16-113 of the Wheat Ridge Code of Laws, concerning sales and
solicitation, is hereby amended to read in its entirety as follows:
Sec. 16-113. -Sales and solicitation in certain places prohibited.
{a) It shall be unlawful for any person to solicit employment, business,
contributions, or sales of any kind , or collect monies for same, from the
occupant of any vehicle traveling upon any street or h1ghway OR ENTRANCE
TO OR EXIT FROM ANY HIGHWAY INCLUDED IN THE INTERSTATE
HIGHWAY SYSTEM within the city when such solicitation or collection:
(1) Causes the person performtng the activity to enter onto the traveled
portion of a street or highway; or
(2) Involves the person performing the act1vity to be located upon any median
area which separates traffic lanes for vehicular travel in opposite
directions; or
(3) The person performing the activity is located such that vehicles cannot
move into a legal parking area to safely conduct the transaction.
(b) It shall be unlawful for any person to solicit or attempt to solicit omploYfRent,
business, or contributions of any kina R-om tho occupant of any vehicle on
any highway insl~ded in the interstate system 1nsl~ding any entranse to or
exit from s~sh highway.
~ No person shall solicit on pnvate property if the owner, tenant, or person in
lawful control of the property has asked the person to leave or has asked the
person to refrain from soliciting on the property, or has posted a sign clearly
indicating that solicitations are not welcome on the property.
(d) No person shall soli sit when either the solis1tor or the person being solisited is
losated within tvJenty (20) feet of any a~tomated teller mashine. Pro•.•ided,
howe¥er, that when an a~tomated teller mashino is losated within an
a~tomated teller mashine fasility, s~sh distanse shall be moas~red ff:om the
entrance or exit of the facility.
(e) ~Jo person shall beg in any p~blis parking lot or p~blis parking str~Gt~re to
whish tho p~blis or s~bstantial n~mber of tho p~blis has assess.
(f) No person shall sohsit \vithin six (e) feet of an entranse to a b~ilding to whish
the p~blis has assess.
(g) No person shall solisit when the person being solisited is losated within the
patio or sidewalk area of a retail b~siness establishment that serves food
andJer be¥erages
(h) No person shall solis1t in a p~blis plase d~ring the night.
(i) ~Jo person shall beg when either the solicitor or the person being selisited is
losated within twenty (20) feet of a p~blis toilet.
(j) No person shall solisit when either the solisitor or the person being solisited is
losated within tv.•enty (20) feet of any pay telephone pro¥ided that when a pay
telephone is losated within a telephone l::looth or other fasility, s~sh distanse
shall be meas~red from the entranse or exit of the telephone l::looth or fasility.
(k) No person shall solisit when the person being solis1ted is waiting in line for
tiskets, for entry into a b~ilding or for another p~rpose.
{JC} The words and phrases used herein, unless the context otherwise indicates,
shall have the following meaning
(1) A~tomated teller mashine shall mean a de¥ise, linked to finansial
instit~tions' asso~nt resord whish is able to sarry o~t transactions,
insl~ding, b~t not limited to asso~nt transfers, deposits, sash withdrawals,
balanse inqUiries, and mortgage and loan payments.
(2) A~tomated teller mashine fasility shall moan tho area somprised of one (1)
or more a~tematis teller mashino and any aEijasont spase, whish is made
a¥ailal31e to l::lanking s~stomers after rog~lar l::lanking ho~rs.
(3) Finansial 1nst1t~t1on shall mean any l::lank, ind~strial bank, sredit ~nion, or
savings and loan as defined 1n Title 11 of the Colorado Revised Stat~tes.
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(4) Night shall mean one half hour after sunset until one half hour before
sunrise.
(5) Public place shall mean a place to which the publis or a substantial
number of the public has assess, ane incluees but is not limitee to any
street, sieewalk, highway, parking lot, plaza, transportation facility, school,
place of amusement, park, or playgroune.
(91 Soliciting shall mean any solicitation made in person requesting an
immediate donation of money or other thing of value. Purchase of an item
for an amount far exceeding its value, under circumstances where a
reasonable person would understand that the purchase is in substance a
donation, is a donation for the purpose of this section.
(+2) Traveled portion of the street or highway shall mean that portion of the
road normally used by moving motor vehicle traffic.
Section 2. Section 16-114 of the Wheat Ridge Code of Laws, concerning aggressive
solicitation , is hereby amended as follows:
Sec. 16-114. -Aggressive solicitation prohibited.
No person shall engage in aggressive solicitation in any public place.
Aggressive solicitation shall mean begging or soliciting accompanied by or
followed immediately by one or more of the following:
(1) Intentionally continuing to solicit from a person after the person has gi¥en
a nogati¥e response to such solicitation.
~ Intentionally making any physical contact with or touching another person
in the course of the solicitation without that person's consent.
(3 2) Intentionally blocking or interfering with the safe or free passage of a
pedestrian or vehicle operator to take evasive action to avoid physical
contact in the course of soliciting.
(4 3) Intentionally using violent or threatening gestures toward a person
solicited which would cause a reasonable person to be fearful for his or
her safety.
(5) Persisting in closely following behind or alongsiee, or walking immeeiately
ahead of a person who has been solicitee 'Nith the intent of asking that
person for money or other things of value, after the person solicited has
informed the solicitor by words or conduct that such person eoos not want
to be solicited or eoes not want to gi•;e money or anything of •;alue to the
solicitor.
(e 4) Intentionally using profane, threatening , or abusive language, either
during the solicitation or following a refusal to make a donation, which
tends to invite an immediate breach of peace.
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(+ 5) Approaching or following a person for solicitation as part of a group of
two (2) or more persons, in a manner and with conduct, words, or
gestures intended or likely to cause a reasonable person to fear imminent
bodily harm or damage or loss of property or otherwise to be intimidated
into giving money or other things of value.
Section 3. Section 17-31 of the Wheat Ridge Code of Laws, prohibiting begging and
soliciting in parks and recreation areas, is hereby repealed.
Section 4. 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 5. 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 6. 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 th 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 25th, 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 7 to
1, this 25th day of January, 2016.
SIGNED by the Mayor on this 25th day of January, 2016.
ATTEST:
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First Publication: January 14, 2016
Second Publication. January 28, 2016
Wheat Ridge Transcnpt
Effective Date. February 12, 2016
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