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HomeMy WebLinkAboutOrdinance-1981-0464INTRODUCED BY COUNCIL MEMBER ORE ORDINANCE NO. 464 Series of 1901 TITLE: AN ORDINANCE AMENDING CHAPTER 15, PARRS AND RECREATION, OF THE CODE OF LAWS OF THE CITY OF WHEAT RIDGE BY REPEALING AND REENACTING PORTIONS OF SECTIONS 15-51 15-6, AND 15-9. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Section 15-5(b) of the Code of Laws of the Cit_v of Wheat Ridge is hereby repealed and reenacted as follows: (b) Alcoholic Beverages. The storage or consumption of any alcoholic beverage or alcoholic liquor, as defined in the Colorado Liquor Code, is prohibited in any park or recreation area within the City of Wheat Ridge. The consumption and/or storage of fermented malt beverages containing not more than 3.20 of alcohol by weight is permitted in any park or recreation area within the City of Wheat Ridge so long as, and only so long as, said fermented malt beverages have been purchased in a manner authorized, and are being consumed by persons permitted by applicable state law. It shall be unlawful to sell any fermented malt beverage within any park or recre- ation area within the City of Wheat Ridge unless said sales are made pursuant to a license or permit granted by the Wheat Ridge City Council, and unless said sales are made in accordance with the Colorado Beer Code, C.R.S. 1973, as amended, 12-46-101, et seq. Section 2. Section 15-5(k) of the Code of Laws of the City of Wheat Ridge is hereby repealed and reenacted as follows: (k) Hours. (1) Normal Hours. Parks shall normally be open daily until 10:00 p.m. and normally be closed from 10:00 p.m. to 5:00 a.m., except for activities and events sponsored by the department or authorized by permission of the director. Any park or recreational facility may be de- clared closed to the public by the director or his agent at any time and for any interval of time, within a tempo- rary or stated interval as the director shall find reasonably necessary. It shall be unlawful to go upon an area or part of any park or recreational facility of the city when it has been declared to be closed to the public by the director or his agent. 2) Exceptions to Normal Hours. All greenbelt areas, Johnson Par]-,, and Wheat Ridge Historical Park, shall normally be open daily from sunrise to sunset., and normally be closed from sundown to sunrise, except for activities and events sponsored by the department or authorized by permission of the director. Section 3. Section 15-5(n) of the Code of Laws of the City of Wheat Ridge is hereby repealed and reenacted as follows: (n) Group Use of Parks. Any group of more than 25 persons shall have on hand a permit signed by the director or his authorized agent allowing such a group to assemble in the park. Groups shall be orderly and law abiding. Section 4. Section 15-5(q) of the Code of Laws of the City of Wheat Ridge is hereby repealed and reenacted as follows: (q) Commercial Activity. It shall be unlawful to conduct any commercial activity, or sell or offer for sale any service, product, or activity for which a fee is charged, on any park or open space lands, except where such activity is authorized in writing by the director. Section 5. Section 15-5(v) of the Code of Laws of the City of Wheat Ridge is hereby amended by adding thereto the following: (v) Carrying and Discharging Weapons. It shall be unlawful to bring upon, or to discharge or use within, any park or recreation area within the City of Wheat Ridge any weapon, however described, including merely as means of description and not by way of limitation, guns of any caliber or description, including firearms, BB guns, pellet guns, and air guns; bows and arrows, sling shots, etc., or any explosive device or substance including fire- works. Section 6. Section 15-6(d) of the Code of Laws of the City of Wheat Ridge is hereby repealed in its entirety. Section 7. Section 15-6(g) of the Code of Laws of the City of Wheat Ridge is hereby repealed and reenacted as follows: (g) Ice Fishing. Ice fishing shall be allowed on lakes where such activity has been specifically posted or publically announced by the director or his agent allowing such activity. Section 8. Section 15-8(b)(2) of the Code of Laws of the City of Wheat Ridge is hereby repealed and reenacted as follows: (b)(2) Safety Inspections. It shall be unlawful for anyone to use any boat, raft, or floating device upon the waters of the park and recreation area without a cur- rent, valid city safety inspection sticker. Safety inspections will be conducted and stickers may be -2- obtained at the Prospect Park Rangers Office by appointment during the official boating season between the hours of 8:30 a.m. and 5:00 p.m., Monday through Friday, and on other days and times if announced by the director. Section 9. Section 15-8(b)(14) of the Code of Laws of the City of Wheat Ridge is hereby repealed and reenacted as follows: (b)(14) Fishing, Fishing shall be allowed from the shoreline excluding dock areas and boat launch areas. Fishing from boats is allowed except on Prospect Lake or except where posted as prohibited. Fishing shall be in accor- dance with State Law. Section 10. Section 15-8(c) of the Code of Laws of the City of Wheat Ridge is hereby repealed in its entirety. Section 11. Any provision of the Code of Laws of the City of Wheat Ridge which is inconsistent with or contrary to any of the provisions hereof is expressly repealed hereby. Section 12. Violation and Penalties. Any person, firm, association, or other entity doing any act or omission in violation of this Code hereby enacted shall be guilty of a misdemeanor and, upon conviction thereof, shall be subject to a fine not to exceed $300.00, imprisonment not to exceed 90 days, or both such fine and imprisonment, except that no one under the age of 18 years shall be subject to imprisonment. Section 13. Safety Clause. The City Council hereby finds, determines and declares that this Ordinance is promulgated under the 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 for the pro- tection of public convenience and welfare. The City Council further determines that the Ordinance bears a rational relation to these objectives. Section 14. Severability. Tf any clause, sentence, paragraph or part of this Ordinance or the application thereof to any person or circum- stances shall for any reason be adjudged by a court of competent jurisdiction invalid, such judgment shall not affect, impair or invalidate the remainder of this Ordinance or its application to other persons or circumstances. Section 15. This Ordinance will take effect one day after final publication. INTRODUCED, READ AND ADOPTED on first reading by a vote of 7 to 1 this 10th day of August , 1981; 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 August 24, 1981, at 7:30 o'clock p.m., at Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. -3- READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of 7 to 1 , this 24th day of August , 1981. SIGNED by the Mayor on this day of , 1981. Frank Stites, Mayor ATTEST: Carol F. Hampf City Clerk 1st Publication Aug. 13, 1981 Wheat Ridge Sentine 2nd Publication Sept. 3, 1981 Effective Date Sept. 4, 1981 APPROVED AS TO FORM BY OFFICE OF THE CITY ATTORNEY: I~ 05 c: ~7 O m (=7 -4-