HomeMy WebLinkAboutOrdinance 1626CITY OF WHEAT RIDGE, COLORADO
INTRODUCED BY COUNCIL MEMBER MATHEWS
Council Bill No. 14
Ordinance No. l 6'n>
Series of 2017
TITLE: AN ORDINANCE AMENDING SECTIONS 16-81 AND 16-84 OF THE WHEAT
RIDGE CODE OF LAWS TO LEGALIZE GRAVITY KNIVES AND SWITCHBLADES,
CONSISTENT WITH STATE LAW
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 defined and adopted certain
general offenses, codified as Chapter 16 of the Wheat Ridge Code of Laws ("Code"), including a
prohibition of carrying, concealing and using illegal weapons, generally consistent with a parallel state
statute; and
WHEREAS, through the adoption of Senate Bill 17-008 during the last legislative session, the
Colorado Legislature amended the parallel state statute to remove gravity knives and switchblades
from the list of weapons that it is unlawful to possess under state law; and
WHEREAS, the Wheat Ridge Police Department has recommended that certain provisions of
the Code be amended to achieve the same result under local law, in the interests of consistency and
uniform enforcement; and
WHEREAS, the Council therefore finds that it is desirable and appropriate to amend the Code
to eliminate the inclusion of gravity knives and switchblades in the list of illegal weapons, to be
consistent with state law.
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT
RIDGE, COLORADO:
Section 1. Section 16-81 of the Wheat Ridge Code of Laws, concerning definitions relevant
to weapons offenses, is hereby amended as follows:
Sec. 16-81. -Definitions.
The following words, terms and phrases, when used in this division, shall have
the meanings ascribed to them in this section, except where the context clearly
indicates a different meaning:
Blackjack means any billy, sandclub, sandbag, sap or other hand-operated striking
weapon consisting, at the striking end, of an encased piece of lead or other heavy
substance and, at the handle end, a strap or springy shaft which increases the force of
impact; or any device or article consisting of two (2) or more separate portions, linked
together by a chain, strap or other fastener, which configuration is designed to increase
the striking force or impact of the device or article.
Concealment means the deliberate hiding of a weapon upon or near the person
with the intent to avoid the lawful detection thereof. It shall be evidence of concealment
that the weapon is hidden so as to make it immediately available for use in the fashion
in which the weapon is designed to be used.
Crossbow means any device resembling a rifle or handgun in configuration, having
a bow or similar device mounted perpendicularly to a stock, grip or frame, and usually
equipped with a winch or similar device which draws back the bowstring and cocks the
weapon and which fires an arrow, bolt, quarrel, stone or similar shaft from a groove or
depression in the stock, grip or frame by the manipulation of a trigger or similar
mechanism.
Firearm means any pistol, revolver, self-loading pistol, rifle, shotgun or any other
device designed to shoot, project, throw or hurl a projectile or projectiles by means of
the explosion of gunpowder or other explosive substance.
Gra·1ity knife means any knife the blaae of 'Nhich is releasea from the hanale or
sheath thereof by the force of gravity or the application of centrif1:1gal force and which
blade, 1:1pon release, becomes lockea in place by means of a b1:1tton, spring, plate, le•Jel
or other device.
Knife means any dagger, knife, bayonet, straightrazor, dirk, machete, stiletto,
sword or swordcane with a blade over three and one-half (3%) inches in length, or any
other dangerous instrument designed to inflict cutting, stabbing or tearing wounds; but,
as used in this section, does not include a knife or hatchet of the type customarily used
in hunting, fishing or camping when such is being carried for sporting use; and does
not include any instruments being used in pursuance of a lawful home use, trade,
occupation or profession or otherwise being lawful under federal or state statutes, or
being used as an item of display or a collector's item in any home or place of business.
SwitehtJ.'ade knife means any knife, the blaae of which opens a1:1tomatically by
mam1al press1:1re applied to a b1:1tton, spring or other aevice in its hanale.
Section 2. Section 16-84 of the Wheat Ridge Code of Laws, concerning illegal weapons, is
hereby amended as follows:
Sec. 16-84. -Carrying, etc., illegal weapons.
(a) It is unlawful for any person to knowingly carry, conceal or cause to be concealed
in any vehicle or to use any blackjack, gravity knife, multifixed bladed stellate
throwing knife, switchblaae knife or brass or metallic knuckles.
(b) Nothing in this section shall apply to peace officers or to members of the Armed
Forces of the United States or the Colorado National Guard acting in the lawful
discharge of their duties.
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Section 3. 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 4. 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 5. 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 6 to 0 on this 26 day of June,
2017, 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 July 10, 2017, 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
6 to O ,this 10th dayof July ,2017.
SIGNED by the Mayor on this _1_ot_h_ day of __ J_u_l_Y ______ , 2017.
ATTEST:
First Publication: June 29, 2017
Second Publication: July 13, 2017
Wheat Ridge Transcript
Effective Date: July 28 • 20l 7
A~
Gerald E. DahllCJty tterneY
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