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HomeMy WebLinkAbout4-10-23 Special Study Session Agenda PacketSPECIAL STUDY SESSION AGENDA CITY COUNCIL CITY OF WHEAT RIDGE, COLORADO 7500 W. 29th Ave. Wheat Ridge CO April 10, 2023 6:30 pm This meeting will be conducted as a virtual meeting, and in person, at 7500 West 29th Avenue, Municipal Building. City Council members and City staff members will be physically present at the Municipal building for this meeting. The public may participate in these ways: 1. Attend the meeting in person at City Hall. Use the appropriate roster to sign up to speak upon arrival 2. Provide comment in advance at www.wheatridgespeaks.org (comment by noon on April 10, 2023) 3. Virtually attend and participate in the meeting through a device or phone: • Click here to join and provide public comment • Or call +1-669-900-6833 with Access Code: 836 0288 5641 Passcode: 365842 4. View the meeting live or later at www.wheatridgespeaks.org, Channel 8, or YouTube Live at https://www.ci.wheatridge.co.us/view Individuals with disabilities are encouraged to participate in all public meetings sponsored by the City of Wheat Ridge. Contact the Public Information Officer at 303-235-2877 or wrpio@ci.wheatridge.co.us with as much notice as possible if you are interested in participating in a meeting and need inclusion assistance. Public Comment on Agenda Items 1. Drug Paraphernalia Offenses Code Amendments 2. Weapons Offenses Code Amendments 3. Staff Report(s) 4. Elected Officials’ Report(s) ATTORNEYS AT LAW TO: Hon. Mayor Starker and Members of the City Council CC: Patrick Goff, City Manager Chris Murtha, Chief of Police FROM: Carmen Beery DATE: March 4, 2023 RE: WR Code: Drug paraphernalia offenses In 2019, the Wheat Ridge City Council adopted amendments to Wheat Ridge Municipal Code (“Code”) sections 16-132 and 16-133, concerning possession of injection devices and drug paraphernalia, respectively. These Code amendments synchronized the City Code to the needle-stick prevention and clean syringe program provisions of state law found in C.R.S. §§ 18-18-428 and 18-18-430.5. As in state law, these Code provisions provide participants in clean syringe exchange programs with immunity from prosecution in two (2) instances: 1. Immunity from prosecution for the possession, sale, manufacture, delivery or advertisement of drug paraphernalia of all types (not merely syringes – for example, pipes, spoons, etc.); and 2. Immunity from prosecution for the possession of an injection device found by law enforcement during a search when the person alerts the officer to the presence of the injection device before searching. Some of the policy motivations behind these provisions were to help reduce the transmission of blood-borne diseases caused by shared injection devices, to facilitate the education, counseling and resources provided to exchange program participants, and to encourage such persons to be forthright with law enforcement about hidden needles that present a danger to officers performing a search. As a result of their experience with these Code provisions the past few years, Staff recommends the following Code amendment: • Narrow the scope of immunity for syringe program participants to charges related to syringes only; eliminate the immunity currently extended to such persons related to other types of paraphernalia. The above recommendation is a departure from state law. However, Staff believes it was either not the intent of those state provisions (now in local Code) or perhaps an unintended consequence of them, that they exempt program participants from all manner of paraphernalia charges unrelated to the syringe program. The Municipal Court reports a significant correlation between fentanyl addiction and attendant crimes and quality of life issues, including homelessness. Fentanyl addiction is primarily served by paraphernalia devices other than syringes. Staff believes that paraphernalia charges for items other than syringes should revert back to being available to charge to all persons who use such paraphernalia. The City possesses the legal authority to differ from state law and to choose the parameters of exemptions from its locally-defined Code offenses. If the City Code amendment above were adopted, the state law exemptions would remain the same for state law charges. We have conferred with the City Manager’s Office, the Police Department and Judge Randall, all of whom expressed support for the above proposed Code amendment. Our office is happy to answer any questions about the legal issues involved. ATTACHMENT: 1. Draft Ordinance CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER ________________ Council Bill No. ___ Ordinance No. __________ Series of 2023 TITLE: AN ORDINANCE AMENDING SECTIONS 16-132 AND 16-133 OF THE WHEAT RIDGE CODE OF LAWS CONCERNING INJECTION DEVICES AND DRUG PARAPHERNALIA 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 the offenses of possession of injection devices and drug paraphernalia, codified as Wheat Ridge Code of Laws (“Code”) Sections 16-132 and 16-133, respectively; and WHEREAS, these Code sections currently mirror state law, found at C.R.S. §§ 18-18-428 and 18-18-430.5, and exempt clean syringe exchange program participants from drug paraphernalia charges generally and not merely for syringe-related charges; and WHEREAS, the City Council finds that drug paraphernalia other than syringes, such as aluminum foil, pipes, pen housings, straws, containers and lighters, are significant contributors to the current illegal fentanyl use crisis; and WHEREAS, the City Council further finds that fentanyl use likely exacerbates the number of persons experiencing homelessness in the City, as homelessness and fentanyl paraphernalia correlate in ninety percent (90%) of Wheat Ridge Municipal Court summonses; and WHEREAS, City residents and business owners have expressed concern and complaint about the associated crimes committed by fentanyl users, such as trespassing, shoplifting, unlawful camping and littering on private property; and WHEREAS, the City Council finds and determines that maintaining the general applicability of drug paraphernalia charges generally to all persons, and exempting clean syringe program participants from charges related to syringes only, would enhance the Wheat Ridge Police Department’s ability to investigate, engage, and provide outreach to persons experiencing drug addiction such as fentanyl, thereby potentially reducing the number of criminal charges and quality of life issues stemming from the presence of such addiction in the community; and WHEREAS, the City Council therefore wishes to amend Code Sections 16-132 and 16-133, as further set forth herein. ATTACHMENT 1 2 NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Section 16-132 of the Wheat Ridge Code of Laws, concerning possession of injection devices, is hereby amended as follows: Sec. 16-132. - Possession of injection devices. (a) It shall be unlawful for any person to possess any hypodermic needle, syringe or similar device which may be adapted or used for injecting drugs or other substances by subcutaneous or intracutaneous injection into the body, unless such possession has been authorized for medical or physical treatment by a licensed medical doctor or osteopathic physicians; provided, however, that the prohibitions contained in this section shall not apply to manufacturers, jobbers, licensed medical technicians, hospitals, nursing homes, technologists, nurses, laboratories, research teaching institutes, medical doctors, osteopathic physicians, dentists, veterinarians or persons who lawfully use injection devices for the sole purpose of providing medical treatment to their pets or livestock, pharmacists and embalmers selling or using such devices in the legal course of their respective businesses or professions, OR TO ANY PERSON PARTICIPATING AS AN EMPLOYEE, VOLUNTEER, OR PARTICIPANT IN AN APPROVED SYRINGE EXCHANGE PROGRAM CREATED PURSUANT TO C.R.S. § 25-1-520. A violation of this section shall be subject to the penalty provided in section 16-4 of this Code, together with a surcharge of ten dollars ($10.00) to be paid to the police department through the court to offset the expense of destruction of drugs, injection devices and drug paraphernalia, whether or not any of those items was confiscated from the defendant. (b) (1) Prior to searching a person, a person's premises, or a person's vehicle, a peace officer may ask the person whether the person is in possession of a hypodermic needle or syringe that may cut or puncture the officer or whether such a hypodermic needle or syringe is on the premises or in the vehicle to be searched. If a hypodermic needle or syringe is on the person, on the person's premises, or in the person's vehicle and the person, either in response to the officer's question or voluntarily, alerts the officer of that fact prior to the search, assessment, or treatment, the peace officer shall not arrest or cite the person pursuant to this section, nor shall the city prosecutor charge or prosecute such offense. The circumstances described in this paragraph (b) may be used as a factor in a probable cause or reasonable suspicion determination of any criminal offense if the original stop or search was lawful. (2) Prior to assessing or treating a person, an emergency medical service provider or other first responder may ask the person whether the person is in possession of a hypodermic needle or syringe that may cut or puncture the technician or first responder. If a hypodermic needle or syringe is on the person, and the person, either in response to the question or voluntarily, alerts the emergency medical service provider or first responder of that fact, a peace officer shall not arrest or cite the person pursuant to this section, nor shall the city prosecutor charge or prosecute such offense. 3 Section 2. Subsection (h) of section 16-133 of the Wheat Ridge Code of Laws, concerning exemptions from drug paraphernalia charges, is hereby amended as follows: Section 16-133. Drug Paraphernalia. (h) The provisions of this section shall not apply to the possession, display, purchase, transport or use in private by any person that is twenty-one (21) years of age or older of drug paraphernalia that is used, intended for use, or designed for use in planting, propagating, cultivating, growing, harvesting, composting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, vaporizing, or containing marijuana or for ingesting, inhaling, or otherwise introducing marijuana into the human body; or TO CHARGES UNDER THIS SECTION RELATED TO SYRINGES to any person participating as an employee, volunteer, or participant in an approved syringe exchange program created pursuant to C.R.S. § 25-1-520. 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 ______ to ______ on this ___ day of _________________, 2023, 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 ___________________ , 2023, at 6:30 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 ______ to ______, this ________ day of _____________________, 2023. SIGNED by the Mayor on this ________ day of ____________________, 2023. 4 _______________________________ Bud Starker, Mayor ATTEST: Stephen Kirkpatrick, City Clerk Approved As To Form Gerald E. Dahl, City Attorney First Publication: Second Publication: Effective Date: Published: Jeffco Transcript and www.ci.wheatridge.co.us 710 Kipling Street, Suite 300 Lakewood, Colorado 80215 Main 303.493.6670 Fax 303.945.7960 To: Mayor and City Council From: Nicholas Klein, Associate Attorney Through: Gerald Dahl, City Attorney Patrick Goff, City Manager Chris Murtha, Police Chief Date: February 1, 2023 Re: Second Amendment Post Bruen and its Effect on WR Code Sections Background During the December 12, 2022, Wheat Ridge City Council meeting, a concerned citizen testified that Sections 16-84, 16-87, 16-89, and 17-53 of the Wheat Ridge Code of Laws (the “Code”) are in part or wholly invalid based on the recent Supreme Court ruling in N.Y. State Rifle & Pistol Ass'n v. Bruen. 142 S. Ct. 2111 (2022). Our office analyzed the claims made by the concerned citizen and have corresponding text amendments to the Wheat Ridge Code of Laws (the “Code”) to ensure the constitutionality of those Code sections. This memo: • Presents a summary of the Bruen holding and the new standard of review for firearm regulations; and • Evaluates the constitutionality of Code sections that relate to the possession/open carrying of firearms; and • Proposes corresponding text amendments which can be further viewed in the draft ordinance attached to this cover memo. NYSRPA v. Bruen The court in Bruen established a new test for the constitutionality of firearm regulations: When the Second Amendment’s plain text covers an individual’s conduct, the Constitution presumptively protects that conduct. The government must then justify its regulation by demonstrating that it is consistent with the Nation’s historical tradition of firearm Bruen as Applied to the Wheat Ridge Code of Laws February 1, 2023 regulation. Only then may a court conclude that the individual’s conduct falls outside the Second Amendment’s ‘unqualified command.’ Id. at 2129–30. The new “historical tradition” standard supplants the strict/intermediate scrutiny standard that firearm regulations were previously analyzed under. The Bruen Court has created the new “historical tradition” test that courts must utilize to determine whether a firearm regulation is constitutional. This “historical tradition” test applies to locations in which firearms are prohibited, and it will be the government’s burden to prove that a location is a “sensitive place” in which there is a national historic tradition of firearm regulation. In reaching its holding, the Court upheld the “sensitive places” doctrine, although it declined to “comprehensively” define “sensitive places.” Ultimately, the Court is comfortable with lower courts using “analogies to ‘longstanding’ ‘laws forbidding the carrying of firearms in sensitive places such as schools and government buildings’ to determine whether modern regulations are constitutionally permissible.” Id. at 2118. The court reasoned that “[i]t is true that people sometimes congregate in ‘sensitive places,’ and it is likewise true that law enforcement professionals are usually presumptively available in those locations. But expanding the category of ‘sensitive places’ simply to all places of public congregation that are not isolated from law enforcement defines the category of ‘sensitive places’ far too broadly.” Id. at 2133-34. The Court recognized that “Americans hazard greater danger outside the home than in it and that the text of the Second amendment reflects that reality.” Id. at 2135. The Court limited the Bruen holding, stating that it “decides nothing about who may lawfully possess a firearm or the requirements that must be met to buy a gun. Nor does it decide anything about the kinds of weapons that people may possess. Nor have we disturbed anything [ ] about restrictions that may be imposed on the possession or carrying of guns.” Id. at 2157. Bruen and the “Sensitive Places” Doctrine as Applied to the Wheat Ridge Code The memo now shifts the discussion to an application of Bruen to Code sections that concern the possession/public carrying of firearms. This analysis is also informed by other case law, but for simplicity’s sake discussion of that case law has been omitted. Sec. 16-84. - Carrying, etc., illegal weapons. The weapons described in Section 16-84(a) are protected by the second amendment because they are a modern instrument used to facilitate armed self-defense. Id. at 2132. It is quite clear that a vehicle is not a “sensitive place” as defined by Bruen or other case law. Further, it would be difficult for the City to argue that the regulation of arms within someone’s vehicle is a Bruen as Applied to the Wheat Ridge Code of Laws February 1, 2023 part of the nation’s historical tradition of the regulation of arms. Therefore, this regulation is likely unconstitutional under Bruen and should be repealed. Sec. 16-86. - Brandishing, etc., deadly weapons. This code section is constitutional under Bruen. The Bruen Court specifically noted that there is a historical tradition of regulating the carrying of arms “in a manner likely to terrorize others.” Id. at 2150. In fact, the Court found that historic common-law offenses of “affray” or going armed to “the terror of the people” “imposed some limits on firearm carry that did not impair the right of the general population to peaceable public carry.” Id. at 2145. However, the Court did note that the mere carry of a firearm in public alone is not enough to “terrify” people; there must be an overt act which would terrify the public. Id. at 2142. So long as WRPD enforces Code Section 16-86 with the understanding that the mere possession of a firearm is not enough to “terrify,” the Code section will remain constitutional. Our office proposes this Code section’s text remains as is. Sec. 16-87. - Carrying, etc., where intoxicants are sold. This code section is invalid under Bruen. There is no case law from any jurisdiction suggesting that premises in which alcohol is sold is a “sensitive location.” Further, the Nation’s historic tradition will show a rich history of the carrying of firearms in businesses that serve alcohol. A court following Bruen may also find that the need for self-defense is especially heightened in an environment where intoxicated people are present. With this being said, private businesses may continue to forbid the carrying of firearms within the establishment, although the City may not impose such a ban itself. Our office recommends a repeal of this Code section. Sec. 16-89. - Deadly weapons on city property prohibited. & Sec. 17-53. - Weapons. These code sections have been fused into one discussion section because of the natural interplay between them. Under Bruen and the “sensitive place” doctrine, it is constitutional for the City to prohibit the carrying of firearms within government buildings. The prohibition of the carrying of firearms on all “real property” and portions thereof may be too broad to be constitutional; it is likely only City owned property that serves a governmental purpose is a “sensitive place.” If challenged, it would be the City’s burden to show that it is the nation’s historical tradition to prohibit the carry of weapons in public parks. Our office feels it is a defensible policy decision to prohibit the carrying of weapons in public parks. While a court may strike down such a regulation, there is a much smaller chance of such a regulation being held invalid under Bruen compared to the code sections we recommend repealing. Therefore, we recommend the text Bruen as Applied to the Wheat Ridge Code of Laws February 1, 2023 amendments as attached to this memo and do not recommend any amendments to Code Section 17-53. Conclusion The Supreme Court in Bruen significantly altered the state of second amendment constitutional analysis. In response to Bruen, our office recommends the adoption of the attached draft ordinance by Council to insulate the City from future legal challenges to the constitutionality of its Code sections concerning the public carrying of firearms. Our office is happy to field questions or foster further discussion regarding the proposed ordinance language. Attachment: 1. Draft Ordinance CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER ___________ COUNCIL BILL NO. _______ ORDINANCE NO. _________ Series 2023 TITLE: AN ORDINANCE REPEALING AND AMENDING CERTAIN WEAPONS OFFENSES UNDER CHAPTER 16 OF THE WHEAT RIDGE CODE OF LAWS IN RESPONSE TO U.S. SUPREME COURT CASE LAW WHEREAS, the City of Wheat Ridge (the “City”) is a home rule municipality having all powers conferred by Article XX of the Colorado Constitution; and WHEREAS, pursuant to its home rule authority and C.R.S. § 31-23-101, the City, acting through its City Council (the “Council”), is authorized to adopt ordinances for the protection of the public health, safety, or welfare; and WHEREAS, on June 23, 2022, the Supreme Court of the United States issued its opinion in N.Y. State Rifle & Pistol Ass'n v. Bruen, 142 S. Ct. 2111 (2022); and WHEREAS, the Bruen Court significantly altered the state of Second Amendment Constitutional analysis by introducing the “historical tradition” test which requires a governmental entity to justify a firearm regulation by showing such regulation is consistent with “the Nation’s historical tradition of firearm regulation;” and WHEREAS, the Bruen Court recognized the validity of laws forbidding the carrying of firearms in “sensitive places” such as schools, government buildings, legislative assemblies, polling places, courthouses, and other analogous places; and WHEREAS, the Council has determined that Sections 16-84 and 16-87 of the Wheat Ridge Code of Laws (the “Code”) concern neither historically traditional firearm restrictions nor “sensitive places” and are therefore no longer likely constitutional and should be repealed; and WHEREAS, pursuant to Sections 18-12-214(c)(1) and 29-11.7-104 of the Colorado Revised Statutes, the City has the authority to adopt and enforce ordinances that prohibit the concealed and open carrying of a firearm in a building or specific area within the City’s jurisdiction; and WHEREAS, the Council finds that it is necessary and desirable to prohibit open and concealed carrying of firearms in certain designated “sensitive locations” in order to protect the safety of residents, visitors, and employees of the City; and WHEREAS, the Council further finds that regulation of firearms in the areas identified in this ordinance is consistent with and analogous to longstanding historic laws forbidding the carrying of firearms in sensitive places such as schools, government buildings, legislative assemblies, polling places, and courthouses. ATTACHMENT 1 NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Sections 16-84 and 16-87 of Article IV of Chapter 16 of the Code are hereby repealed and designated as “Reserved” as follows: Sec. 16-84. - Carrying, etc., illegal weapons. RESERVED. (a) It is unlawful for any person to knowingly carry, conceal or cause to be concealed in any vehicle or to use any blackjack, multifixed bladed stellate throwing 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. Sec. 16-87. - Carrying, etc., where intoxicants are sold. RESERVED. (a) It is unlawful for any person to carry, conceal or display any dangerous or deadly weapon while such person is on the premises of any establishment where malt, vinous or spirituous liquors are sold for consumption on the premises. (b) The provisions of this section shall not apply to peace officers or any other person duly licensed or authorized under applicable state or federal law to carry such weapon, nor to persons carrying such weapons in their place of business or having control of the premises at the time of the act of carrying. Section 2. Section 16-89 of the Code is hereby amended as follows: Sec. 16-89. - Deadly weapons on city property prohibited. (a) It is unlawful for any person other than a peace officer to carry, bring or possess a deadly weapon upon city property. (b) For purposes of this section "city property" means all GOVERNMENT buildings, facilities, real property, and portions, INCLUDING CITY-OWNED PARKS AND RECREATION AREAS, thereof: (1) Owned in whole or in part by the city or in which the city has a leasehold interest WHICH SERVE A GOVERNMENTAL PURPOSE, EXCEPT FOR CITY RIGHTS-OF-WAY whether as lessor or lessee; and (i) AS USED IN THIS SECTION (B)(1), “CITY RIGHTS-OF-WAY” MEANS ALL STREETS, ROADWAYS, SIDEWALKS, ALLEYS, DEDICATED TRAILS, AND ALL OTHER AREAS RESERVED FOR USE BY THE PUBLIC, AS A MATTER OF RIGHT, FOR THE PURPOSE OF VEHICULAR OR PEDESTRIAN TRAVEL. (2) Posted by the city with a sign at the public entrances notifying the public that the carrying of deadly weapons is prohibited on the property; AND (c) The chief of police or his or her designee is authorized and directed to post the public entrances of all city property with signs notifying the public that the carrying of deadly weapons is prohibited, unless otherwise directed by formal action of the city council. (d) Until such time as C.R.S. § 18-12-201 et seq. is repealed or amended, this section shall not apply to persons carrying concealed deadly weapons on city property as authorized by a valid concealed carry permit except as otherwise provided under subsection (e). (e) It is unlawful for any person to carry, bring or possess a concealed deadly weapon, carried in accordance with a valid concealed carry permit, into any city building at which the city has installed permanent electronic weapons screening devices and security personnel in accordance with C.R.S. § 18-12-214(4). (f) IT IS UNLAWFUL TO CARRY, BRING OR POSSESS A DEADLY WEAPON WITHIN 500 FEET OF ANY POLLING LOCATION WITHIN THE CITY ON THE DAY OF AN ELECTION OR ANY PLACE WITHIN THE CITY OFFICIALLY DESIGNATED BY THE JEFFERSON COUNTY CLERK AND RECORDER FOR THE COUNTING OF BALLOTS ON ANY DAY WHEN BALLOTS ARE BEING COUNTED OR FOR CONDUCTING ACTIVITIES RELATED TO A FEDERAL, STATE, OR MUNICIPAL ELECTION. THIS PARAGRAPH DOES NOT APPLY TO A PERSON WHO CARRIES A FIREARM THAT THE PERSON OWNS ON THE PERSON’S PRIVATE PROPERTY THAT IS WITHIN THE 500-FOOT BUFFER ZONE OR WHILE TRAVELING DIRECTLY BETWEEN THE PERSON’S PRIVATE PROPERTY AND A PLACE OUTSIDE THE 500-FOOT BUFFER ZONE. 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 ___ to ___ on this ____ day of ____________, 2023, 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 ____________________, 2023 at 6:30 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 ___ to ___, this _____ day of ______________, 2023. SIGNED by the Mayor on this _____ day of ____________, 2023. Bud Starker, Mayor ATTEST: Stephen Kirkpatrick, City Clerk Approved as to Form Gerald E. Dahl, City Attorney First Publication: Second Publication: Jeffco Transcript Effective Date: Published: Jeffco Transcript and www.ci.wheatridge.co.us