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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