HomeMy WebLinkAboutOrdinance-1969-0005 - Creation of Municipal CourtBY COUNCILMAN: ROBERT G. HOWARD
ORDINANCE NO. 5
Series of 1969
A BILL FOR AN ORDINANCE FOR THE CREATION, COMPOSITION AND JURISDICTION
OF A MUNICIPAL COURT WITHIN THE CITY OF WHEAT RIDGE, COLORADO:
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO:
Section 1. Creation Composition and Jurisdiction._
5-1-1 Definitions. As used in this aritcle the following terms
shall have the following meanings:
(1) Municipal Court. The term "municipal court" shall mean
the police magistrate's court or police court.
(2) Municipal Judge. The term "municipal judge" shall mean
police magistrate or police judge.
5-1-2 Municipal Court Created. A municipal court in and for
the City of Wheat Ridge, Colorado is hereby created and established.
5-1-3 Appropriations. The City Council shall annually
appropriate an amount sufficient to pay the salary of the City Attorney's
office, the clerical help, office help, office expense and expense of
supplies necessary to carry out the provisions of this ordinance.
5-1-4 Municipal Judge, Appointment. The court shall.be
presided over by a presiding Municipal Judge, appointed by the Council
for an indefinite term, or until a successor is appointed and duly qualified.
The Municipal Judge shall perform no other duties during the-hours that
court is in session except such as may be approved by the Council on motion
or resolution. The Council may appoint additional judges from time tc time
as may be needed to transact the business of the court or to preside in the
absence of the presiding judge. The presiding judge shall supervise and
direct the court's operations. Any Municipal Judge may be removed by the
Council for cause. C. R. S. 139-86-4 (1963)
5-1-5 Qualification The Council may, by ordinance or
resolution duly considered and adopted, establish from time to time
such qualifications for the office of Municipal Judge as it may deem
fit and proper and consistent with the procurement of persons of
judicial temperament and ability. The Municipal Judge shall be a resident
of the county.
5-1-6 Oath and Bond Before_entesin.9,upon" the duties of his
office the Municipal Judge shall take and subscribe, before a judge of 'a
court of record, and file with the Council an oath or affirmation that
he will support the Constitution of the United States and the Constitution
and Laws of the State of Colorado and the ordinances of the City of Wheat
Ridge and will faithfullyperform the duties of his office. Said
Municipal Judge shall give bond to the City in the amount of $5,000.00
which shall be approved by the Council and be conditioned on the faith-
ful performance of the duties of the office of the Municipal Judge, and
for the faithful accounting for and payment of all monies coming into his
hands by virtue of said office.
5-1-7 - `Salary-- The annual salary of the Municipal Judge
shall be set by the Council, and payable as other salaries to municipal
employees. The Council shall from time to time budget and appropriate
monies necessary for the compensation of the Municipal Judge.
5-1-8 Presiding Judge's Powers The presiding Municipal
Judge shall have full power and authority to make and adopt rules and
regulations for conducting the business of the municipal court. Such
rules and regulations shall be reduced to writing.
5-1-9 Ex-Officio Clerk The Judge shall also be Ex-Officio
Clerk of the court unless a separate clerk of the municipal court shall
have been appointed by the Judge by and with the consent of the Council.
5-1-10 Acting Municipal Jud a In case of the temporary
absence, sickness or other inability of the Municipal Judge to act, the
Mayor may appoint some competent person to act as such Municipal Judge
until the disability of the Municipal Judge is removed. Such appointment
must be in writing.
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5-1-11 Jurisdiction and Powers of Court The Municipal
Court shall have original jurisdiction of all cases arising under
this Code and other ordinances of the City, with full-power to carry
the same into effect and to punish violations thereof by the imposi-
tion of such fines and penalties as in such ordinances provided; it
shall have power to compel attendance of witnesses and to punish for
comtempt of such court by fine, not to exceed one hundred dollars,
($100.00), or by jail sentence not to exceed five (5) days, and shall
have all powers incident to a court of record in relation to same.
5-1-12 Examine Complaints; File Reports The Municipal
Judge shall receive and examine affidavits and complaints, at all
times, for the violation of any City ordinance, and shall issue a
summons or warrant in every case where there is probable cause to
believe that an offense has been committed. He shall file monthly
reports with the City Clerk of all monies collected by him, either in
the way of fines or otherwise, and shall on the last day of each month
pay to the City Treasurer all monies, if any, in his hands; the reports
shall state the number of cases filed in his court, haw the same were
disposed of, and other matters of information concerning his office.
5-1-13 Sessions of Court There shall be regular sessions
of court far the trial of cases and the Municipal Judge shall hear and
determine complaints for the violation of any City ordinances where
there is probable cause to believe that an offense has been committed;
provided, however, it shall be lawful forsaid Municipal Judge to-hold
a special session of court at any time, including Sundays, holidays and
night court, if in the discretion of the Judge _a special session is
deemed advisable.
5-1-14 Hours The court shall be open during such hours
as are set by the Municipal Judge with the consent and approval of the
Council, including such night sessions as:the Council shall approve.
In case of any conflict between the Municipal Judge and the Council as
to said hours, the decision of the Council shall govern. The municipal
court shall be-closed on Sundays and holidays except for special sessions.
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5-1-15 Traffic Cases Separately Insofar as it is
practicable, traffic cases shall be heard separately from other cases.
Where traffic cases and other cases are set for the same court session,
traffic cases shall be heard first.
Section 2. Procedure.
5-2-1 Rules of Procedure Any rules of procedure contained
herein, or promulgated by the Municipal Judge that conflict with the Rules
of Procedure for Municipal Courts as promulgated by the Supreme Court of
the State of Colorado shall be invalid and of no force and effect.
5-2-2 Commencement of Action An action for the violation
of any ordinance of the City shall be brought in the name of the people
of the State of Colorado as plaintiff-against the person who is alleged
to have violated the ordinances as defendant, and shall be commenced by
the filing of a complaint. Each act or-series of related acts committed
by the same person, constituting_a violation of any of the provisions of
this Cade, may be consolidated for the purpose of filing a complaint,
issuing and serving summons and subpoena, trial and appeal, but the judge
shall impose a separate fine or penalty for each offense of which the
defendant is convicted. C.R.S. 139-86-1 (1963)
5-2-3 Content of Complaint or Summons; Warrant; Subpoena
(a) Every complaint or summons shallstate the name of the
defendant, the number of the chapter and section alleged to have been
violated, the type of offense to which each of said section relates, the
date and place of each alleged-violation, that the defendant is known or
believed to have committed such offense and that the defendant is required
to appear to answer the charge on a date and at a time and place designated
in the complaint or summons. The complaint or summons, except as provided
herein, shall be signed by the person alleging the violation and the
complaint shall be verified by the complainant unless he is a police
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officer of a member of the personnel of the court acting in his official
capacity. Each warrant shall state the name of the defendant, the section
and chapter alleged to have been violated, the date and place of the
alleged violation, and that the defendant is alleged to have committed the offense. Each subpoena is directed, and that the witness is required
to appear to give testimony on the date and at the time and place stated
in the subpoena.
(b) It shall be sufficient to charge a violation of the pro-
visions of this Code in any summons or complaint by reference to the
section and subsection, if any, providing for such violation.
C.R.S. 139-86-3 (1963)..
(c) Upon the filing of a verified complaint by a person not
a police officer, or a member of the personnel of the court acting in
his official capacity, the Judge, court clerk or any authorized agent of
the court may issue a summons, or the Judge amy issue a warrant against
the defendant named in the complaint.
5-2-4 Witnesses The defendant and the City of Wheat Ridge
shall be entitled to compel the attendance of any witnesses subject to
the jurisdiction of the municipal court. Upon a written request to the
municipal court for the attendance of _a -witness_or witnesses subject to
the jurisdiction of the court shall cause to be served upon such witness
a subpoena compelling his attendance at a given time in the municipal
court for the purpose of giving testimony. All witnesses shall be entitled
to a fee of one dollar and fifty cents ($1.50) per day, and such witness
fees shall be paid by the party requesting the attendance of the witness
and taxes as costs of the suit.
5-2-5 Deliverance of Summons or Subpoena
(a) Any summons or subpoena issued in accordance with this
chapter shall be served in any case by any police officer in the City
of Wheat Ridge or in any particular case by any person specifically .
designated by the court for that purpose.
(b) Any person who shall fail to appear in response to any
summons or subpoena served on him shall be guilty of a violation of this
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chapter and upon conviction shall be fined in an amount of not more than
three hundred dollars ($300.00) or imprisoned for a period not exceeding
ninety (90) days, or by both such fine and imprisonment.
5-2-6 Defects and Objections as to Form of Summons- 'Na
objection to the form of any summons or complaint shall be considered by
the court because of any defect unless such objection was made by the
defendant prior to trial of the case on its merits, but trial of the
case on its merits shall not waive any objection theretofore made.
5-2-7 Bond May be Given Every person arrested for a
violation of the provisions of this Code shall have-the right to be
taken before a municipal court, or a Judge thereof, or the Chief of
Police, or a police officer designated by the Chief of Police and to be
admitted to bail on his executing a cash surety or recognizance bond
conditioned that he will appear on a day and hour therein mentioned,
before the municipal court and not depart the court, which bond shall
be in an amount adjudged sufficient by said judge-or officerto insure
the appearance of the defendant. Such bond shall be approved by one
of the Judges of the municipal court and an entry of the filing thereof
shall be made in the court docket.
5-2-8 Forfeiture of Bond In case any defendant in any
case before the municipal court of the City of Wheat Ridge shall fail
to appear according to the terms, requirement and conditions of his
bond for appearance or appearing shall depart the court without leave,
the bond shall automatically be,forfeited.-
5-2-9 Surety Liable; Proceedings Commenced Where a
surety bond is forfeited, the surety on said bond shall pay the amount
of the bond into the municipal court upon the date of forfeiture.
Failure of surety to satisfy a bond forfeiture shall result in proceedings
being instituted in a court of competent jurisdiciton in the name and on
behalf of the City of Wheat Ridge fpr_recovery of the penalty of such
bond named. The surety shall have the right to apply to the municipal
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court, in open court, within thirty (30) days from the date of forfeiture
for a return of the whole or a part of the bond amount paid to the
municipal court. Said application shall be in writing and shall be
supported by affidavitsetting forth the grounds for the demand. If
good cause is shown by the surety for the return of the whole or a
part of the bond amount, the Municipal Judge shall in open court, order -
the return to the surety of the amount determined by the Municipal
Judge to be due surety. The surety shall have the right to institute
a claim against the City of Wheat Ridge in a court of competent
jurisdiction for recovery of any bond payment believed to be wrongfully
held.
5-2-10 Default When any defendant; duly summoned or
admitted to bail, fails to appear at the time his case is made return-
able or set for trial, the Municipal Judge may issue a warrant for the
arrest of the defendant, or the Municipal Judge may hear and examine
the testimony offered on the part of the City of Wheat Ridge and may
render judgment thereupon by default against the defendant, and in such
amount under the provisions of this Code as the court may deem just.
5-2-11 Session Open to Public; Exceptions All cases in
municipal court shall be open to the public; provided, however, that
where the type of offense charged and the nature of the case are such
that it would be to the best interests of the witnesses and/or defendant
to exclude all persons not directly connected with the case the Municipal
Judge may order that the court be cleared of-a.11 persons not so directly
connected with the case except qualified representatives of news agencies.
This decision shall be solely in the discretion of the Municipal Judge.
5-2-12 Explanation of Defendant's Rights At the beginning
of each court session the Municipal Judge shall explain to.defendants
their rights in municipal court, as well as theorder of trial, provided,
however, that this may be done by pamphlet distributed to each defendant.
5-2-13 Continuance A person who is duly summoned, who
cannot be tried on accountof the absence of witnesses or for any other
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good and sufficient cause, may request in open court a continuance of
his case. The Municipal Judge may continue the matter upon terms set
by him. Additional continuances may be granted upon application of
the defendant or his attorney. However, in no case shall the total
continuances exceed thirty (30) days, unless it appears to the Municipal
Judge that extreme hardship will result, Where a person on appearance
is on bond and a continuance is requested, the Municipal Judge shall _
have the power to continue the bond for a period of the continuance.
Nothing herein shall affect the right of the City Attorney to request
a continuance.
5-2-14 Execution Every person against whom any fine or
penalty shall be assessed under the laws of the City of Wheat Ridge,
who shall refuse or neglect to pay the same when demanded, may be
committed in default thereof to the County Jail or such other enclosure
as may from time to time be designated by the Council as a lawful plate
for the detention of City prisoners, under the direction of the proper
officers-, until the said fine and penalty is fully paid and said
satisfaction to be allowed at the rate of three dollars (83.00) per
day of twenty-four hours, or as-in accordance with state law. Any
such person may be required to do any reasonable work; provided, however,
that no single term of imprisonment shall exceed ninety (90) days. The
municipal court shall discharge-such persons from further imprisonment
for such fine when it shall be made satisfactorily to appear to the
Judge that such person has no estate whatever wherewith to pay such fine.
G.R.S. 139-86-2 (1963); C.R.S. 39-10-9 (1963)
5-2-15 Prisoners Required to Labor for the City Every
person committed to the County jail for the violation of this Code or
any, other ordinance of the City shall be required, when ordered so to
do by the Chief of Police, to work for the City at such labor as may be
designated by the Mayor, either within or without the jail, not exceeding
eight (8) hours a day as his strength will permit. C.R.S. 139-86-2 (1963)..
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5-2-16 Stay In the discretion of the Municipal Judge a
stay of execution may be granted to enable the defendant to pay the
fine or penalty at a later date or in installments. In case the
defendant shall not have met the terms of the stay of execution, then
the execution shall issue and the defendant shall be placed in jail
until said judgment is satisfied.
5-2-17 Persons in Custody _A person in custody who cannot
be tried an account of the absence of witnesses or other cause-and who
cannot-give bail for his appearance, may be confined to the County jail
not exceeding three (3) days, and in such case the Judge shall deliver
to the officer committing such person a commitment stating the cause of
the detention.
5-2-18 Sentence Suspended The Municipal Judge is hereby
authorized to suspend the payment of any fine, or any part thereof,
assessed for a violation of this Code or any ordinance, and he may
suspend all or any part of any jail sentence imposed for such a violation.
He may impose reasonable conditions upon such suspension and revokesuch
suspension and reinstate the sentence for a violation of such conditions.
5-2-19 Fines Paid to Town Treasurer All fines or other
monies collected in the municipal court for the violation of this Code
or any of the ordinances of the City shall be reported by the Judge and
paid to the City Treasurer daily.
Section 3. Trial by Jury
5-3-1 Demand for Jury In all trials fdr'a violation of
this Code or any ordinance of the City, a defendant shall have the right
to demand a trial by jury. Such defendant may demand a jury which shall
consist of six (6) jurors, or a lesser number not fewer than three.(3)9
if the same be agreed upon by the City and the defendant, the Judge
adjourning the cause, if necessary, to any time not exceeding three (3)
days, for that purpose. The jury, when empaneled, shall be sworn by
the Judge to try the cause according to the evidence.and the law as
provided for in criminal trials. C.R.S. 139-63-1 (1963)
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5-3-2 Qualifications and Exemptions of Jurors
Qualifications and exemptions of jurors shall be the same as provided
in Colorado Revised Statutes, 1963, Chapter 780 sections 78-1-1 to
78-1-97 as amended. -
5-3-3 Method of Summonin Jurors Upon_dem-and of the
defendant-for trial by jury, the said municipal court or Judge thereof
shall issue a vernire for the jury and shall issue his writ to.any
police officer or marshall which shall be substantially in the follow-
ing form:
State of Colorado
) SS
City of Wheat Ridge )
THE PEOPLE OF THE CITY-OF WHEAT RIDGE, STATE OF COLORADO, TO
GREETING:
We command you to summon persons of your county
who are residents of the City of to appear before me
at on the day.of , 19 , who are not
of kin to defendant, to make a jury
between the People of the City of Wheat Ridge, State of Colorado, and
the said defendant in a plea of not guilty to a charge of a violation
of one or more ordinances of the City of Wheat Ridge; because the said
defendant has demanded trial by jury; and have you then and there the
names-of the jury, and this writ.
Witness my hand and seal, this day of ,
19
(SEAL)
Judge of the Municipal Court
5-3-4 Juror Failing to Appear.- Penalty If any person
summoned as a juror shall fail, neglect, or refuse to appear without
reasonable excuse, he shall be deemed guilty of contempt and fined or
imprisoned as the court may direct. The court shall have the power to
issue a citation directed to the Chief of Police commanding him forth-
with to bring before such court the body of such juror so failing to
attend and for such juror to show cause why he should not he punished
for contempt, or on the appearance of such juror on such citation it
shall be lawful for the court to punish him for contempt or wholly
discharge him if satisfactory excuse be made.
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5-3-5 Jury Fees Persons summoned to jury duty pursuant
to this ordinance shall be entitled to a juror's fee of three dollars
(83.00) per day or part of a day for which they are summoned.
5-3-6 Payment of Jury Fees Whenever a defendant who
has requested a trial to -a jury changes his plea from not guilty to
a plea of nolo contendere or a plea of guilty at any time within seven
(7) days prior to trial or which said defendant is found guilty at the
end of trial to a jury; said defendant shall be assessed jury fees as -
a part of the court costs.
5-3-7 Discharge of Jurors The term of jury service
shall be as indicated on the venire facias, and a person who has
actually been in attendance as a juror in the municipal court as ordered
under the venire facias shall be discharged by the court. No juror
shall be discharged until the close of the trial in which he may be
serving, and if the selection of a jury in any cause has been begun,
the court shall have the power to retain the panel until such jury is
selected and sworn. A person discharged as prescribed in this section
shall be disqualified for jury service in the municipal court for the
period of one (1) year thereafter.
5-3-8 - Challenge for-cause; Premptory Challenges for
cause shall be as provided for in Colorado Revised Statutes, 1963,
Chapter 78, and all cases-arising under this Code,or-any, ordinance ,
of the City wherein a jury--is demanded, each party shall be entitled
to three (3) premptory challenges.
5-3-9 Panel of Jury Act to be Quashed, etc., for Irregularity
No array or panel of any jury shall be quashed, nor shall any verdict be
stayed or averted by reason of any informality or irregularity in the
summoning or selecting of the jury, which in the opinion of the court
is unimportant and insufficient to vitiate the return of the jury.
5-3-10 Juror Not to be Disqualified for Opinion No person
summoned as a juror shall be disqualified to serve as such by reason of
a previously formed or expressed opinion with reference.to the guilt or
innocence of the accused; provided, however, that the court shall be
satisfied, from the examination of the juror or from other evidence,
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that he will.render an impartial verdict, according to the law and the
evidence submitted to thejury in the trial.of such cause.
5-3-11 Trial Court If any defendant pleads guilty or
waives his right to a jury trial or fails to demand a jury trial, the
Municipal Judge shall hear the evidence and render a judgment thereon,
determine penalty or punishment and issue execution thereon.
5-3-12 Instructions to Jury At the conclusion of all
of the evidence, and before arguments of counsel, the Judge shall read
to the jury the ordinance or Code Section alleged to have been violated
by the defendant and shall orally instruct the jury as to any points of
law that the Judge believes to be pertinent to the issues to be
determined by the jury. Counsel for either of the parties may submit
written instructions to the Judge, and if he believes such instructions
to be proper, he may read the same to the jury.
5-3-13 Jury Verdict - Sentence Upon a jury returning a
verdict of guilty, the Judge shall record the same and shall proceed
to fix or determine the punishment, penalty, or sentence, and to render
judgment upon such verdict for the punishment, penalty or sentence so
determined by him; but if the jury returns a verdict of not guilty, the
defendant shall be discharged.
5-3-14 Reserved.
Section 4. Payment of Costs.
5-4-1 Plea of Guilty Without Trial If any person
accused.of violating any of the Ordinances of the City of Wheat Ridge,
pleads guilty before the Municipal Judge, the court may in its--discretion
assess costs not to exceed five.-,-dollars ($5.00) and in addition thereto
the costs of subpoening any witnesses, in addition to the fine or penalty
assessed by.the court..-
5-4-2 Plea of Nolo Contenders If any person accused
of violating any of the Ordinances of the City of Wheat Ridge, before
the Municipal Judge, and said plea is accepted by the court, the court
may in its discretion assess coats not to:exceed-five _dollars ($5.00)
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and in addition thereto the costs of subpoening_any witnesses, in
addition to the fine or penalty assessed by the court.
5-4-3 Costs on Conviction Fallowing Plea of Not Guilty
In all-trials_before,or,-in the Municipal Court of the City of Wheat
Ridge, -arising under the Ordinances of the City, the defendant upon
conviction shall be assessed addition to any fines and penalties court
costs not to exceed five dollars ($5.00) and all witness fees; furthermore,
should any said defendant be found guilty by a jury he shall be assessed
in addition jury fees as pxovided in.5-3-6 of this Ordinance.
5-4-4 When Costs May Be Assessed to Complaining Witness
If any prosecition for_the-_violation of an Ordinance based upon the
complaint of any person other than a police officer or other employee
of the City of Wheat Ridge,_where the complaining witness fails ar
refuses to-testify at the time of trial, or where it shall appear-to
the court that there was no reasonable ground for such complaint, or
that it was maliciously entered, such complaining witness may in the
discretion of the court be assessed costs in the amount of $10.00.
Section 5. Appeal - Stay of Execution Bond
5-5-1 In all cases where a defendant has been convicted of
the violation of any Ordinance of the City of Wheat Ridge and who files
an appeal for a trial be novo to the County Court, he shall be
required to execute a,bond.to the City of Wheat Ridge in such penal
sum as may be fixed by the court and in such form as the court may
provide; such bond to be s'bcuted within ten 'days (1D) after the entry -
of the ;judgment from which an appeal is being taken or to which an
objection is being made.
Section 6. Restitution
5-6-1 'Whenever a defendant pleads guilty or is convicted,
or pleads polo contendere:to or of a violation of any Ordinance of the
City of Wheat Ridge and. which said offense involves damage to the person
or property of a private citizen or the City of Wheat Ridge, and inhere
said defendantihas _been granted a suspension of all or a part of the
fine, penalty or costs assessed by the-court, said defendant may be
required by-the court to make restitution_or reparation to any said
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aggrieved-person or to the City of Wheat Ridge for the actual damage
or loss caused by the offense forwhich the conviction was had.
Section T. Effect of Ordinance. If an art or arts of
this ordinance are for any reason held_to be invalid or -unconstitutional,
such decision should not -affectthe validity or-nonstitutionality of the,
remaining portions of this ordinance. The,City Council hereby declares
that it would have paseed this ordinance and each part or parts thereof,
irrespective of the fact that any one part or parts be declared invalid
or:uncdnstitutidnal.
Section 8. Emergency Clause.w Reserved.
INTRODUCED, PASSED, ADOPTED AND ORDERED PUBLISHED on first
reading this~3Qth,.day,of September A. D. 1969.
PASSED, ADOPTED AND ORDERED PUBLISHED on second and final
reading this 23rd :day of October, A. D. 1969.
jAr t A n cdi a "rs onn
CERTIFICATEOF POSTING_
I, Louise F. Turner hereby certify that Ordinance # S was_
duly posted by me following first reading on the 7 1'4 day of
(~c ZOl3fo2 -1969, at the following locations:
Wheat Ridge Post Office
Wheat Ridge Branch Library-
Westridge Sanitation District
Wheat Ridge Fire Department
Prospect Valley Fire Department
Lakewood Bonnie Bonham Branch Library
I, Louise F. Turner hereby certify that Ordinance # was
duly posted by me following second reading on the o?.FA day of
Oc r0Z3&lf 1-969, at the following locations:
Wheat Ridge Post Office_
Wheat Ridge Branch Library
Westridge Sanitation District Office
Wheat Ridge Fire Department
Prospect Valley Fire Department
Wheat Ridge City Office
SEAL
aJua-2J 7 .1~ ~~.~J
Louise F. Turner
City Clerk