HomeMy WebLinkAboutOrdinance 1834 - Amend Code of Laws to align with State Law
CITY OF WHEAT RIDGE, COLORADO
INTRODUCED BY COUNCIL MEMBER MARTELL
Council Bill No. 01
Ordinance No. 1834
Series 2026
TITLE: AN ORDINANCE AMENDING THE CODE OF LAWS TO ALIGN WITH
CERTAIN PROVISIONS OF STATE 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, in the exercise of this authority the Council has previously adopted
section 1-5 of the Code of Laws (the “Code”), providing for the general penalty authority
of the Municipal Court for violations of any provision of the Code; and
WHEREAS, the Colorado Supreme Court has recently issued its decision in People
v Camp, December 22, 2025, holding that municipal penalties may not be in excess of statutory sentencing caps for certain offenses when the offender violates a municipal
ordinance that corresponds to a state offense prohibiting identical conduct; and
WHEREAS, without waiving its authority to determine a matter of local concern in the first instance, the Council wishes to amend the Code's general penalty section to
recognize the limited exception created by the Camp decision.
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT
RIDGE, COLORADO:
Section 1. Code amended.
Section 1-5 of the Code is amended by lettering the existing language thereof as
subsection (a) and adopting a new subsection (b), such that the entire section reads as follows:
Sec. 1-5 General Penalty.
(a) Notwithstanding any penalty provisions in this Code to the contrary, whenever in
this Code or any other ordinance of the city or any section or an order, rule or
regulation promulgated under the provisions of this Code or other ordinance of the city any act is prohibited, made or declared to be unlawful, an offense, nuisance or
misdemeanor, any person who shall be convicted of the violation of any such
provision of this Code or other ordinance of the City or of such orders, rules or
regulations shall be punished by a fine of not more than two thousand six hundred
fifty dollars ($2,650.00), or by imprisonment for a period not exceeding three hundred sixty-four (364) days, or both such fine and imprisonment; provided,
however, that no person under the age of eighteen (18) years shall be subjected to imprisonment for violation of any provision of this Code.
(b) NOTWITHSTANDING SUBSECTION (a), THE MUNICIPAL COURT IS LIMITED TO
THE PENALTY LIMITS SET FORTH IN CRS 18-1.3-501(a.5) AND 503(1.5) FOR OFFENSES UNDER THIS CODE WHEN SUCH OFFENSES ARE FOR CONDUCT
IDENTICAL TO A STATE OFFENSE. THE LIMITATIONS ON THE PENALTY AUTHORITY OF THE MUNICIPAL COURT IN SUCH CASES SHALL BE AS FOLLOWS:
• MISDEMEANORS CLASS I: UP TO $1000 FINE / 364 DAYS IMPRISONMENT OR
BOTH (INCLUDING THEFT IN VALUE OF $1000 TO $1999).
• MISDEMEANORS CLASS II: UP TO $750 FINE / 120 DAYS IMPRISONMENT OR
BOTH (INCLUDING THEFT OF VALUE BETWEEN $300 AND $999).
• MAXIMUM CONSECUTIVE SENTENCE IN A SINGLE CASE IS 24 MONTHS
• PETTY OFFENSES: UP TO $300 FINE / 10 DAYS IMPRISONMENT OR BOTH
(INCLUDING THEFT OF VALUE UNDER $300)
Section 2. 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 3. 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 12th day of January 2026, ordered published in full on the City’s website as provided by
the Home Rule Charter, and Public Hearing and consideration on final passage set for
January 26, 2026, 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 7 to 0, this 26th day of January 2026.
SIGNED by the Mayor on this 26th day of January 2026.
ATTEST:
Onorina Maloney, Interim Sr. Deputy City Clerk
Korey Stites, Mayor
Approved as to Form:
Gerald E. Dahl, City Attorney
First Publication: January 13, 2026
Second Publication: January 27, 2026 Effective Date: February 11, 2026
Published: Jeffco Transcript and www.ci.wheatridge.co.us