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HomeMy WebLinkAboutOrdinance-1983-0541INTRODUCED BY COUNCILMEMBER Aiello ORDINANCE NO. 541 Series of 1983 TITLE: AN ORDINANCE AMENDING THE CODE OF LAWS OF THE CITY OF WHEAT RIDGE BY ADDING PROVISIONS TO CHAPTER 14 THEREOF, RELATING TO OFFENSES, BY PROHIBITNG AND REGULATING UNLAWFUL POSSESSION OF ALCOHOL BY MINORS, UNLAWFUL HARBORING OF MINORS, UNLAWFUL TO ALLOW MINORS ON STREETS AFTER CERTAIN HOURS, UNLAWFUL POSSESSION OF ALCOHOL, URINATION AND DEFECATION IN PUBLIC, DISTURBING THE PEACE, THEFT, THEFT BY CHECK, AND BY REPEALING AND REENACTING SECTION 14-50, OFFENSES AGAINST PROPERTY, DAMAGE OR DESTRUCTION--GENERALLY, AND PROVIDING PENALTIES FOR VIOLATION THEREOF. WHEREAS, the City Council of the City of Wheat Ridge has legislatively determined, based upon recommendation from the Wheat Ridge Police Department and based upon public testimony taken and received in Open Public Meeting, that certain modi- fications and additions are required to the Code of Laws of the City of Wheat Ridge for the purposes hereinafter set forth; WHEREAS, the City Council has legislatively determined that certain actions and violations of law by juveniles and individuals over the age of eighteen (18) may be more promptly, justly, and expeditiously resolved by and before the Municipal Court of the City of Wheat Ridge than they are currently, and that such prompt, just, and expeditious resolution and action will be of substantial benefit to such juveniles and individuals over the age of eighteen (18), victims of any such offense or violation, and the general public; WHEREAS, the City Council has legislatively determined that certain actions and offenses described herein are contrary to the public health, safety, welfare, and morals, and are properly prohibited and proscribed within the City of Wheat Ridge, and are further proper and appropriate for prosecution and resolution before the Wheat Ridge Municipal Court; WHEREAS, the City Council has legislatively determined that the filing and prosecution of the actions and offenses des- cribed herein in and before the Wheat Ridge Municipal Court will result in a substantial convenience and economy, both in terms of time and money, to those charged with violations, those victimized by violations, and those officers and agents investigating and prosecuting those violations, of the pro- visions of this Code of Laws; WHEREAS, the City Council has legislatively determined that prohibiting, proscribing, and regulating the conduct and actions described herein in the manner herein provided is consistent with, supplementary to, and in no instance in conflict with, any state statute, and that jurisdiction over all conduct and offenses herein described is necessary and appropriate to further and protect the health, safety, welfare, and morals of the citizens of the City of Wheat Ridge; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO, AS FOLLOWS: Section 1. The Code of Laws of the City of Wheat Ridge is hereby amended by adding thereto as Article II(A) of Chapter 14 Offenses, the following Sections 14-31A.1, 14-31A.2, and 14-31A.3 as follows: PAGE TWO "Sec. 14-31A.1. Unlawful possession of alcohol by a minor. (a) It is unlawful for any person under the age of eighteen (18) years to possess or consume any fermented malt beverage, malt, vinous, or spirituous liquor, whether such possession is actual or constructive, in any public place as defined in Section 14-68 of the Code of Laws of the City of Wheat Ridge, or upon property owned, operated, leased, or maintained by the state of Colorado or any political subdivision or agency thereof, or upon any property owned, operated, leased, or maintained by the City of Wheat Ridge. (b) It is unlawful for any person under the age of eighteen(18) years to purchase or obtain either directly or through an intermediary, any fermented malt beverage, malt, vinous, or spirituous liquor, by misrepresentation of age, or by any other means whatsoever. (c) It is unlawful for any person eighteen (18) years of age or older to purchase for consumption or possession by, or to otherwise provide for consumption or possession by, any person under the age of eighteen (18) years, any fermented malt beverage, malt, vinous, or spirituous liquor. Sec. 14-31A.2. Unlawful harboring of minors; exception. (a) It shall be unlawful for any person knowingly to harbor, keep secreted, cohabit with, or provide shelter for any unmarried minor without the consent of the parent, legal guardian, or other person having legal custody of such minor. (b) It shall be unlawful for any person to harbor, keep secreted, cohabit with, or provide shelter for any unmarried minor when said person knows such minor to be a parole violator or a fugitive from legal process. (c) The provisions of this Section 14-31A.2 shall not apply to persons working in their official capacities as employees or members of the staffs of agencies licensed by the state of Colorado and financed by the United States of America to harbor minors, nor shall said provisions apply to such agencies; provided, that such agencies shall at all times provide specific information concerning minors so harbored and shall release such minors to their parents, legal guardians, or other persons having legal custody of such minors, or to any law enforcement agency, upon request; and provided further, that such agencies harboring minors shall within twenty-four (24) hours after the arrival of a minor notify the Wheat Ridge Police Department, and within seventy-two (72) hours, if possible, shall notify the parents, legal guardians, or other persons having legal custody of such minors. Sec. 14-31A.3. Unlawful to allow minors on streets after certain hours. (a) It shall be unlawful for any parent, guardian, or other person having legal care or custody of any minor who has not reached his sixteenth (16th) birthday to allow or permit any such minor to be or remain upon any streets or alleys, or to be or remain in any establish- ment open to the public generally after the hour of 10:30 p.m. on any Sunday, Monday, Tuesday, Wednesday, or Thursday or after the hour of 11:30 p.m. on any Friday, or Saturday or before the hour of 5:00 a.m. on any day except: (1) When accompanied by a parent, guardian, or other person having legal care or custody of such minor; (2) For lawful employment; or PACE THREE (3) When such minor is in the custody of and accom- panied by a person who has reached his or her eighteenth (18th) birthday and who has in his or her possession the written consent of such parent, guardian, or other person having legal care or custody of such minor. (b) It shall be unlawful for any parent, guardian, or other person having legal care or custody of any minor who has reached his sixteenth (16th) birthday, but not his eighteenth (18th) birthday, to allow or permit any such minor to be or remain upon any streets or alleys, or to be or remain in any establishment open to the public generally after the hour of 12:00 midnight or before the hour of 5:00 a.m. on any day, except as provided in Section 14-31A.3(a)(1), (2), or (3) hereof. (c) It shall be unlawful for any minor who has not reached his sixteenth (16th) birthday to be or remain upon any street or alley, or to be or remain in any establishment open to the public generally after the hour of 10:30 p.m. on any Sunday, Plonday, Tuesday, Wednesday, or Thursday or after the hour of 11:30 p.m. on any Friday, or Saturday or before the hour of 5:00 a.m. on any day, except as provided in Section 14-31A.3 (1) (2) and (3) hereof. (d) It shall be unlawful for any minor who has reached his sixteenth (16th) birthday but not his eighteenth (18th) birthday to be or remain upon any street or alley, or to be or remain in any establishment open to the public generally after the hour of 10:30 p.m. on any Sunday, Monday, Tuesday, Wednesday, or Thursday or after the hour of 11:30 p.m. on any Friday, or Saturday or before the hour of 5:00 a.m. on any day, except as provided in Section 14-31A.3(a)(1), (2), or (3) hereof." Section 2. Chapter 14 of the Code of Laws of the City of Wheat Ridge is hereby amended by the addition of the following Section 14-42.2, Possession of Alcohol, as follows: "Sec. 14-42.2. Possession of alcohol. (a) It is unlawful for any person to possess or consume any fermented malt beverage, malt, vinous, or spirituous liquor, whether such possession is actual or constructive, in any public place as defined in Section 14-68 of the Code of Laws of the City of Wheat Ridge, or upon property owned, operated, leased, or maintained by the state of Colorado or any political subdivision or agency thereof, or upon property owned, operated, leased, or maintained by the City of Wheat Ridge; provided, however, that it shall not be a violation of this provision to store or consume any fermented malt beverage, malt, vinous, or spirituous liquor in conformance with, and pursuant to the terms of, any validly issued permit or license, or as provided in Section 15-5(b) of this Code of Laws. (b) It is unlawful for any person under the age of twenty-one (21) years to purchase or obtain either directly or through an intermediary, any malt, vinous, or spirituous liquor by misrepresentation of age or by any other means." Section 3. The Code of Laws of the City of Wheat Ridge is hereby amended by adding to Chapter 14, offenses, the following Section 14-44.1, Urination and Defecation in Public: "Sec. 14-44.1. Urination and defecation in public. It is unlawful for any person to urinate or defecate in a public place as defined in Section 14-68 of the Code of Laws of the City of Wheat Ridge, or at any other loca- PAGE FOUR Nothing to this section shall be construed to prohibit the normal use of public facilities specifically designed and intended for the use of voiding human bodily wastes." Section 4. The Code of Laws of the City of Wheat Ridge is hereby amended by adding to Chapter 14, Offenses, the following Section 14-44.2, Disturbing the Peace: "Sec. 14-44.2. Disturbing the peace. (a) It is unlawful for any person to operate or permit the operation of a device designed to produce or reproduce sound at such a level, or at such an hour, as to disturb the peace of any other person. Such devices shall include but not be limited to televisions, radios, phonographs, musical equipment, sound, or voice amplification systems, or other similar device. (b) It is unlawful for any person to operate or permit the operation of a device, which although not specifically designed for sound production or reproduction, creates sound at such a level, or at such an hour, as to dis- turb the peace of any other person. Such devices shall include but not be limited to motor vehicles, motorcycles, chain saws, gardening, and construction devices, or other similar device. (c) It is unlawful for any person or group of persons to conduct themselves in such a manner as to create sound at such a level, or at such an hour, as to disturb the peace of any other person. (d) For purposes of this section, conduct defined and proscribed in subparts a, b, and c hereof shall be deemed prima facie violations of this Section 14-44.2 if they occur, or are audibly perceptible on the property of another, between the hours of 11:00 p.m. and 7:00 a.m." Section 5. Section 14-50 of the Code of Laws of the City of Wheat Ridge is hereby repealed and reenacted as follows: "Sec. 14-50. Generally. It is unlawful for any person to intentionally injure, damage, or destroy the real or personal property of another; provided, that this section shall not apply to any person showing a legal right or authority to injure, damage, or destroy such property. It is further provided that this section shall not apply where the aggregate damage in any one criminal episode to such real or per- sonal property is two hundred dollars ($200) or more or where the damage is effected by means of fire or explosives or with the intent to defraud." Section 6. The Code of Laws of the City of Wheat Ridge is hereby amended by adding to Chapter 14, Offenses, the following Section 14-50.1, Theft, as follows: "Sec. 14-50.1. Theft. (a) It is unlawful for any person to knowingly obtain or exercise possession of or control over anything of value of another without authorization, or by threat or deception; and; if such person: (1) Intends to deprive the other person permanently of the use or benefit of the thing of value; or (2) Knowingly uses, conceals, or abandons the thing of value in such manner as to deprive the other person permanently of its use or benefit; or (3) Uses, conceals, or abandons the thing of value intending that use, concealment, or abandonment will deprive the other person permanently of its use and benefit; or - PAGE FIVE (4) Demands any consideration to which he is not legally entitled as a condition of restoring the thing of value to the other person. (b) This section shall not apply when the aggregate value of the item(s) taken in any one criminal episode is valued at two hundred dollars or more, nor where the item taken is a motor vehicle, rental property, trade secret, or credit device. Further, this section shall not apply where the theft is committed by fraudulent use of a check or credit device." Section 7. The Code of Laws of the City of Wheat Ridge is hereby amended by adding to Chapter 14, offenses, the following Section 14-50.2, Theft by Check, as follows: "Sec. 14-50.2. Theft by check. (a) It is unlawful for any person to issue or pass a check as payment for any goods, services, or other thing of value, or in exchange for cash when that person knew that, at the time of the issuance of the check, insufficient funds existed in the account being drawn upon to cover this and all other checks outstanding at the time of issuance. (b) It is unlawful for any person to issue or pass a check as payment for any goods, services, or other thing of value, or in exchange for cash when that person, having been notified either by the drawee upon which the check was drawn, or by the person or firm to which the check was originally issued, that the check has been twice refused for insufficiency of funds, and fails to make good the check within fourteen (14) days of that notifi- cation. (1) It shall constitute a prima facie violation of this subsection that the person or firm to which the check was originally issued; (A) Obtained at least two (2) types of iden- tification from the drawer, at the time of acceptance of the check, and; (B) Obtained an address of the drawer of the check, at the time of acceptance of the check, and; (C) Presented the check to the drawee for acceptance or refusal for the first time within thirty (30) days of the date of issuance of the check, and; (D) Upon twice presenting the check to the drawee and having twice received the check returned for insufficiency of funds, the person or firm to whom the check was originally issued shall send a letter notifying the drawer of the refusal of the drawee to accept the check, and requiring restitution within fourteen (14) days. Said letter shall be sent to the address listed in b(1)(B) of this section by way of the U.S. Postal Service, certified mail, return receipt requested. Said return receipt, or the letter marked "unclaimed," shall be conclusive proof of compliance with the notice requirements of this section, and; (E) Fifteen (15) days following the date of delivery, or attempted delivery, of said letter of notification, the drawer has failed to respond and make payment in full for the amount owed on the check and all reasonable charges incurred as a result of the return of the check. (c) It is unlawful for any person to stop payment or cause payment to be stopped on any check issued or passed as payment for any goods, service, or other thing of value, or in exchange for cash, when that person does so with the intent to defraud. p SIX (d) It is unlawful for any person to open a checking account, negotiable order of withdrawal account, or share draft account using false identification or an assumed name, for the purpose of and with the intent of committing theft by check. (e) Nothing in this section shall apply where the value of the check exceeds two hundred dollars ($200), or where the offender is under accusation or formal criminal filing involving the issuance of two or more checks within any sixty-day period in the state of Colorado with an aggregate value of two hundred dollars ($200) or more. Nor shall this section apply where the offender has been previously convicted under this section, or under any existing or former statute of the state of Colorado involving the issuance of bad checks or theft or fraud by check. (f) A bank, a savings and loan association, an industrial bank, or a credit union shall not be civilly or criminally liable for releasing information relating to the drawer's account to any police authority or officer of the Court of this municipality the release of which is for the purpose of investigating or prosecuting a violation of this section. (g) In imposing a penalty for violation of this Section 14-50.2, the Municipal Court is specifically authorized and empowered to require restitution in full to the person or entity to whom any such check described herein was issued as a portion of, and/or in addition to, any other penalty deemed appropriate by the court." Section 8. Penalty. Any person violating any of the provisions of this ordinance shall be subject to penalty as provided in Section 14-69 of the Code of Laws of the City of Wheat Ridge. Section 9. 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 10. Severability. If any clause, sentence, paragraph, or part of this ordinance or the application thereof to any person or circumstance 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 11. This ordinance shall take effect 15 day(s) after final publication. INTRODUCED, READ, AND ADOPTED on first reading by a vote of 7 to 0 on this 27th day of June , 1983; 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 25 , 1983, at 7:30 o'clock p.m., at 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 I this pith day of July 1 1983. PAGE SEVEN SIGNED by the Maya -.C-n this 26th day of Jul f k ATTEST: t anda Sang, City erk lst publication : June 30, 1983 2nd publication Ju y 28, 1983 Effective Date: August 11, 1983 APPROVED AS TO FORM BY OFFICE OF CITY ATTORNEY: John Hayes, City Attorney 1983. Frank Stites, Mayor T= c_. c.