HomeMy WebLinkAboutOrdinance-1983-0542INTRODUCED BY COUNCILMEMBER Burt
ORDINArCE NO. 542
Series of 1983
TITLE: AN ORDINANCE REPEALING AND REENACTING SECTIONS 1-6,
2-14.5, 2A-5, 3A-13, 4-12, 4-14, 7-7, 9A-15, 11-11,
12-6(c), 13-8, 14-37, 14-69(b), 18-58, 19A-5,
21A-34, AND SECTION 32 OF APPENDIX A OF THE CODE
OF LAWS OF THE CITY OF WHEAT RIDGE RELATING TO
PENALTIES FOR VIOLATION OF ORDINANCE PROVISIONS
BY RAISING THE MAXIMUM FINE TO NINE HUNDRED
NINETY-NINE DOLLARS ($999), PROVIDING FOR RESTITUTION
IN CERTAIN CASES, AND PROVIDING THAT NO ONE
UNDER THE AGE OF EIGHTEEN (18) YEARS SHALL BE
SUBJECTED TO IMPRISONMENT AS A PENALTY FOR VIOLATION
OF ANY PROVISION OF THE WHEAT RIDGE CODE OF LAWS.
WHEREAS, the City Council of the City of Wheat Ridge has
determined the present penalty structure provided by the
Code of Laws of the City of Wheat Ridge is not sufficient to
deter violation of, or adequately punish violation of, the
various provisions of the Code of Laws of the City of Wheat
Ridge;
WHEREAS, the legislative determination of the City Council
of the City of Wheat Ridge is that larger fines will act as
a deterent against future violation, and as more appropriate
punishment for actual violation, of the respective provisions
of the Code of Laws of the City of Wheat Ridge;
WHEREAS, the Wheat Ridge City Council has made a legislative
determination that it is in the best interest of the City of
Wheat Ridge to extend the jurisdiction of the Wheat Ridge
Municipal Court to juveniles under the age of eighteen (18)
years by eliminating the penalty of a jail sentence to said
juveniles under the age of eighteen (18) for violation of
the Code of Laws of the City of Wheat Ridge, because more
prompt and efficient prosecution of offenses by juveniles
may be had within the Municipal Court than is currently
possible;
WHEREAS, the City Council of the City of Wheat Ridge has
legislatively determined that, in certain circumstances,
restitution to victims of crime and the enforcement agencies
within the City of Wheat Ridge is appropriate in addition to
any fine or penalty imposed by the Court;
WHEREAS, the City Council of the City of Wheat Ridge has
legislatively determined that the changes specified herein
are necessary for the prompt, efficient, and fair administration
of justice within the City of Wheat Ridge, and therefore
said changes are in furtherance of the health, safety, welfare,
and morals of the residents of the City of Wheat Ridge.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF WHEAT RIDGE:
Section I. Section 1-6 of the Code of Laws of the City of
Wheat Ridge is hereby repealed and reenacted as follows:
"Sec. 1-6. General penalty.
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
PAGE TWO
ordinance of the city any act is prohibited, made or
declared to be unlawful, an offense, nuisance or misdemeanor,
where no specific penalty is provided therefor, 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 three NINE hundred
NINETY-NINE dollars ($999) or by imprisonment in jail
not exceeding ninety (90) days or by both 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 OF LAWS."
Section 2. Section 2-14.5 of the Code of Laws of the City
of Wheat Ridge is hereby repealed and reenacted as follows:
"Sec. 2-14.5. Same--Penalty.
Any person violating any of the provisions of
sections 2-14.1 through 2-14.4 shall be guilty of a
misdemeanor and, upon conviction thereof, shall be
subject to a fine not to exceed th-rQQ NINE hundred
NINETY-NINE dollars ($999), imprisonment for a term not
to exceed ninety (90) 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 OF LAWS."
Section 3. Section 2A-5 of the Code of Laws of the City of
Wheat Ridge is hereby repealed and reenacted as follows:
"Sec. 2A-5. Maintaining a public nuisance; penalties.
Any person, firm, corporation, partnership, or entity
which owns, operates, establishes, or carries on an
adult entertainment facility in violation of any of the
provisions of section 2A-3 of this chapter is guilty of
maintaining a public nuisance, and, upon conviction
thereof, shall be subject to a fine no less than one
hundred dollars ($100.00) nor more than three NINE
hundred NINETY-NINE dollars {$399=99} ($999), imprison-
ment not to exceed thirty (30) days, or both such fine
and imprisonment. Additionally, any business operated
in violation of this chapter may be closed by injunction
as a public nuisance."
Section 4. Section 3A-13 of the Code of Laws of the City of
Wheat Ridge is hereby repealed and reenacted as follows:
"Sec. 3A-13. Penalties for violation.
Any individual, association, partnership, corporation
or any other entity violating any provisions hereof
shall be guilty of a misdemeanor and, upon conviction
of such violation, shall be subject to a fine of not
less than fifty dollars ($50) nor more than three NINE
nundred NINETY-NINE dollars ($999), which fine may not
be suspended in whole or in any part, or imprisonment
not to exceed ninety (90) days, or both such fine and
imprisonment. Nothing contained in this section,
however shall impair the ability of the City of Wheat
Ridge to enforce this chapter as provided in Section 3A-
12 hereof; 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 OF LAWS."
PAGE THRLE
Section 5. Section 4-12 of the Code of Laws of the City of
Wheat Ridge is hereby repealed and reenacted as follows:
"Sec. 4-12. Violation.
Any person found to be in violation of the provisions
of this chapter shall be guilty of an unlawful act,
PUNISHABLE BY A FINE NOT TO EXCEED NINE HUNDRED NINETY-
NINE DOLLARS ($999)."
Section 6. Section 4-14 of the Code of Laws of the City of
Wheat Ridge is hereby repealed and reenacted as follows:
"Sec. 4-14. Violations and penalty.
Any person violating, or owning, keeping, caring for,
or possessing a dog violating any of the provisions of
section 4-13 hereof shall be guilty of a misdemeanor
and, upon conviction thereof, shall be subject to a
fine not to exceed three NINE hundred NINETY-NINE
dollars ($999)."
Section 7. Section 7-7 of the Code of Laws of the City of
Wheat Ridge is hereby repealed and reenacted as follows:
"Sec. 7-7. Violation.
Any person who shall willfully fail or refuse to
comply with the order of duly authorized law enforce-
ment officers or personnel charged with the responsi-
bility of enforcing the proclamation of emergency
authorized herein shall be deemed guilty of a
misdemeanor AND, UPON CONVICTION THEREOF, SHALL BE
SUBJECT TO A FINE NOT TO EXCEED NINE HUNDRED NINETY-
NINE DOLLARS ($999)."
Section 8. Section 9A-15 of the Code of Laws of the City of
Wheat Ridae is hereby repealed and reenacted as follows:
"Sec. 9A-15. Penalty.
Any person who violates any provision of this ordinance
shall be guilty of a misdemeanor, and upon conviction
thereof, shall be punished by a fine not exceeding
three NINE hundred NINETY-NINE dollars ($999), or by
imprisonment for a period not exceeding ninety (90)
days; 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 OF LAWS.
Every day of such violation shall constitute a separate
offense."
Section 9. Section 11-11 of the Code of Laws of the City of
Wheat Ridge is hereby repealed and reenacted as follows:
"Sec. 11-11. Violation.
In addition to the revocation or suspension of the
privilege of inspection services as provided in this
ordinance, any person, firm, or corporation who shall
violate any provisions of this Ordinance or any rule or
regulation promulgated under authority of this ordinance
shall be guilty of a misdemeanor."
Section 10. Section 12-6(c) is hereby repealed and reenacted
as follows:
'AGE FOUR
"(c) Violation; penalty. Every person convicted
of a violation of this section shall be punished by a
find not exceeding three NINE hundred NINETY-NINE dollars
($999)."
Section 11. Section 13-8 of the Code of Laws of the City of
Wheat Ridge is hereby repealed and reenacted as follows:
"Sec. 13-8. Violation.
Any person who violates any provision of this ordinance
shall be deemed guilty of a misdemeanor AND, UPON CON-
VICTION THEREOF, SHALL BE SUBJECT TO A FINE NOT TO
EXCEED NINE HUNDRED NINETY-NINE DOLLARS ($999), IMPRISONMENT
FOR A TERM NOT TO EXCEED NINETY (90) 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 OF LAWS."
Section 12. Section 14-37 of the Code of Laws of the City
of Wheat Ridge is hereby repealed and reenacted as follows:
"Sec. 14-37. Violations and penalty.
Any person violating any provision of sections
14-35, 14-36, 14-38 or 14-39 of this Code of Laws shall
be guilty of a misdemeanor and, upon conviction, shall
be subject to a fine pursuant to the following schedule:
(a) Upon the first conviction for violation of any
said sections, a fine of not less than fifty
dollars ($50.00), plus court costs;
(b) Upon the second conviction of a violation
of any of the above cited sections, a fine
of not less than one hundred dollars ($100),
plus court costs;
(c) Upon the third conviction of a violation of
any of the above cited sections, a fine of not
less than two hundred dollars ($200), plus court
costs;
(d) Upon the fourth conviction of any subsequent
conviction, of a violation of any of the above
cited sections, a fine NOT LESS THAN of three
hundred dollars ($300) NOR MORE THAN NINE
HUNDRED NINE-NINE DOLLARS ($999), plus
court costs.
In levying and imposing fines upon conviction of
any of the sections specified herein, the court shall
have no authority to reduce or suspend all or any
portion of the fines specified herein, it being the
expressed intent of the city council of the City of
Wheat Ridge that the fines specified herein be strictly
adhered to.
In addition to any fines levied hereunder, the
court shall impose as a portion of the costs assessed
against a convicted defendant any costs incurred by the
city pursaunt to subsection 14-36(b) hereof.
As a portion of any judgment, fine or assessment
levied upon conviction of a violation of the above
specified sections of this Code of Laws, the court
shall order that the violation resulting in said
conviction be abated within a time established by the
court, but in no event to exceed forty-five days from
the date of conviction. Failure to abate within the
time so ordered shall constitute contempt of court, and
shall be punishable as such.
Each day during which any person commits, or allows
to remain unabated, any of the actions specified as
unlawful in sections 14-35, 14-36, 14-38 or 14-39 of
this Code of Laws shall constitute, and be punishable
as, a separate offense."
PAGE FIVE
Section 13. Section 14-69(b) of the Code of Laws of the
City of Wheat Ridge is hereby amended to read as follows:
"(b) EVERY PERSON WHO AT THE TIME OF COMMISSION OF
THE OFFENSE WAS AT LEAST EIGHTEEN (18) YEARS OF AGE,
AND WHO IS SUBSEQUENTLY CONVICTED OF, PLEADS GUILTY OR
NOLO CONTENDERE TO, A VIOLATION OF ANY PROVISION OF
THIS CHAPTER SHALL BE PUNISHED BY A FINE OF NOT LESS
THAN TWENTY-FIVE DOLLARS ($25) BUT NOT EXCEEDING NINE
HUNDRED NINETY-NINE DOLLARS ($999) PER VIOLATION OR
COUNT, OR BY IMPRISONMENT NOT EXCEEDING NINETY (90)
DAYS, OR BY BOTH SUCH FINE AND IMPRISONMENT. ANY
VOLUNTARY PLEA OF GUILTY OR NOLO CONTENDERE TO THE
ORIGINAL CHARGE OR TO A LESSER OR SUBSTITUTED CHARGE
SHALL SUBJECT THE PERSON SO PLEADING TO ALL FINES
AND/OR PENALTIES APPLICABLE TO THE ORIGINAL CHARGE.
ANY RESTITUTION ORDERED BY THE COURT SHALL BE IN
ADDITION TO ANY SUCH FINE OR IMPRISONMENT; PROVIDED,
HOWEVER, THAT NOTHING CONTAINED HEREIN SHALL EMPOWER
THE COURT TO SUBJECT ANY PERSON UNDER THE AGE OF
EIGHTEEN (18) TO ANY IMPRISONMENT AS A PORTION OF A
PENALTY FOR VIOLATION OF ANY PROVISION OF THIS CHAPTER."
Section 14. Section 14-69 of the Code of Laws of the City
of Wheat Ridge is hereby amended by adding the following
Sections 14-69(C) and 14-69(D) as follows:
"(C) EVERY PERSON WHO AT THE TIME OF COMMISSION OF
THE OFFENSE WAS AT LEAST TEN (10) BUT NOT YET EIGHTEEN
(18) YEARS OF AGE, AND WHO IS SUBSEQUENTLY CONVICTED
OF, PLEADS GUILTY OR NOLO CONTENDERE TO, A VIOLATION OF
ANY PROVISION OF THIS CHAPTER SHALL BE PUNISHED BY A
FINE OF NOT LESS THAN TWENTY-FIVE DOLLARS ($25) BUT NOT
EXCEEDING NINE HUNDRED NINETY-NINE DOLLARS ($999) PER
VIOLATION OR COUNT. ANY VOLUNTARY PLEA OF GUILTY OR
NOLO CONTENDERE TO THE ORIGINAL CHARGE OR TO A LESSER
OR SUBSTITUTED CHARGE SHALL SUBJECT TEE PERSON SO
PLEADING TO ALL FINES AND/OR PENALTIES APPLICABLE TO
THE ORIGINAL CHARGE. ANY RESTITUTION ORDERED BY THE
COURT SHALL BE IN ADDITION TO ANY SUCH FINE. NOTHING
IN THIS SECTION SHALL BE CONSTRUED TO PROHIBIT
INCARCERATION IN AN APPROPRIATE FACILITY, AT THE TIME
OF CHARGING, OF A JUVENILE VIOLATING ANY SECTION OF
THIS CHAPTER, OR IN THE EVENT OF ISSUANCE OF A WARRANT
RESULTING FROM A VIOLATION OF ANY SECTION OF THIS
CHAPTER.
(D) AUTHORITY IS HEREBY EXPRESSLY GRANTED TO THE
JUDGES OF THE MUNICIPAL COURT TO AWARD AS RESTITUTION
TO ANY VICTIM OF ANY ACTION SPECIFIED AS UNLAWFUL IN
THIS CHAPTER 14 AN AMOUNT EQUAL TO THE ACTUAL DAMAGES
SUFFERED BY SAID VICTIM, AND TO ORDER ANY PERSON FOUND,
OR PLEADING, GUILTY TO ANY SUCH VIOLATION TO PAY SUCH
RESTITUTION AS ORDERED BY THE COURT. SAID RESTITUTION
SHALL BE DETERMINED BY THE SUBMISSION OF A BILL OF
COSTS BY SAID VICTIM TO THE COURT ON A FORM APPROVED BY
THE COURT, BUT THE COURT SHALL BE LIMITED TO AWARDING
AS SUCH RESTITUTION ONLY ACTUAL COSTS INCURRED BY SAID
VICTIM. AUTHORITY IS EXPRESSLY GRA14TED TO THE COURT TO
ORDER SUCH RESTITUTION FOR ANY AND ALL COSTS INCURRED
BY PUBLIC SAFETY AND/OR EMERGENCY RESPONSE AGENCIES OF
THE CITY OF WHEAT RIDGE OR OTHER GOVERNMENTAL OR QUASI-
GOVERNMENTAL ENTITIES IN CONNECTION WITH THE INITIAL
RESPONSE TO AND ALL SUBSEQUENT FOLLOW-UP INVESTIGATION
OF VIOLATION IN THE CASE OF VIOLATION UNDER 14-17 OF
THIS CODE OF LAWS. ANY RESTITUTION ORDERED BY THE
COURT SHALL BE IN ADDITION TO ANY FINE, AND/OR
IMPRISONMENT AUTHORIZED BY THE CODE OF LAWS, AND SHALL
LIKEWISE BE APPLICABLE TO ANY SITUATION IN WHICH
DEFERRED JUDGMENT OR DEFERRED SENTENCE IS ACCEPTED
AND/OR IMPOSED BY THE COURT."
PAGE. SIX
Section 15. Section 18-58 of the Code of Laws of the City
of Wheat Ridge is hereby repealed and reenacted as follows:
"Sec. 18-58. General penalty authorization.
Unless another penalty is provided for herein, upon
conviction of any action or omission declared to be
unlawful by this article, a person shall be subject to
a fine not to exceed three NINE hundred NINETY-NINE
dollars {$399:99} ($999), or imprisonment for a period
not to exceed ninety (90) days, or by both such fine
and imprisonment. In addition, any alarm provider who
fails or refuses to comply with the rules and regulations
authorized by section 18-57 hereof shall be subject to
having his license revoked, following a hearing
conducted before the Wheat Ridge City Council at which
hearing due process will be afforded."
Section 16. Section 19A-5 of the Code of Laws of the City
of Wheat Ridge is hereby repealed and reenacted as follows:
"Sec. 19A-5. Penalty for violations.
It is unlawful for any person to violate any of the
provisions of this chapter and any such violation shall
be punished as follows: Every person convicted of a
violation of any provision of this chapter shall be
punished by a fine not exceeding three NINE hundred
NINETY-NINE dollars. Each day that such violation
continues shall constitute a separate offense and be
subject to such fine."
Section 17. Section 21A-34 of the Code of Laws of the City
of Wheat Ridge is hereby repealed and reenacted as follows:
"Sec. 21A-34. Penalties.
Any person violating or failing to comply with any
of the provisions of this chapter shall be guilty
of a misdemeanor and for each day of violation, or
failure to comply, may be punished by a fine not to
exceed three NINE hundred NINETY-NINE dollars {$380x883
($999). In addition, the city may seek injunctive
relief under applicable Colorado Rules of Civil
Procedure for any violation hereof."
Section 18. Section 32 of Appendix A of the Code of Laws of
the City of Wheat Ridge is hereby repealed and reenacted as
follows:
"Sec. 32. Violation and penalty.
Any person, firm, or corporation, PARTNERSHIP, OR
OTHER ENTITY OF WHATEVER DESCRIPTION violating any
regulation OR PROVISION of this er6inanee APPENDIX A
shall be DEEMED guilty of a misdemeanor and, upon
conviction thereof, shall be fined-net-Rere-than
SUBJECTED TO A FINE NOT TO EXCEED three NINE hundred
NINETY-NINE DOLLARS ($300.00) ($999) or imprisoned not
more than ninety (90) days, or both; PROVIDED, HOWEVER,
THAT NO PERSON UNDER THE AGE OF EIGHTEEN (18) YEARS
SHALL BE SUBJECTED TO IMPRISONMENT AS A PORTION OF ARTY
SUCH PENALTY. Each and every day during which the ANY
violation OF ANY PROVISION OF THIS APPENDIX A continues
shall be deemed a separate offense. In THE case of a
violation of this ordinance, ANY PROVISION OF THIS
APPENDIX A, the city council, THE MAYOR, THE CITY
ADMINISTRATOR, the city attorney or any owner of real
PAGE SEVEN
estate in the zoned area may institute injenetien
preeeedixgs-te-halt-sxeh-vielatiex AN ACTION SEEKING
INJUNCTIVE OR MANDATORY INJUNCTIVE RELIEF, AND, IN THE
EVENT THE CITY PREVAILS IN SAID INJUNCTIVE ACTION, THE
PARTY SO ENJOINED SHALL BE REQUIRED TO REIMBURSE TO THE
CITY ALL COSTS, EXPENSES, AND REASONABLE ATTORNEY'S
FEES INCURRED BY THE CITY IN PROSECUTION OF SAID
ACTION."
Section 19. 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 20. 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 21. This ordinance shall take effect 15 day (s)
after final publication.
INTRODUCED, READ, AND ADOPTED on first reading by a vote of
6 to 1 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 readino
by a vote of 6 to 2 this 25th day of July ,
1983.
SIGNED by the Mayor on this 26th day of July 1983.
~ ,17, Frank Sti s, Mayor
ATTEST:
X1 Cc i~ J u KL%Q
Wanda Sang, City Cle t
1st publication June 30, 1983
2nd publication August 4, 1983 -3
Effective Date August 19, 1973
APPROVED AS TO FORM BY
OFFICE OF CITY ATTORNEY:
John E Hayes; Cil~t Attorney c