HomeMy WebLinkAboutOrdinance-1989-0793INTRODUCED BY COUNCILMEMBER
Ordinance No.
Series of
793
DAVIS
1989
TITLE: AN ORDINANCE AMENDING SECTION 2 OF CHAPTER 13 AND SECTION
43 OF CHAPTER 20 REGARDING PENALTIES FOR VIOLATIONS OF
THE WHEAT RIDGE CODE OF LAWS (1989) AND ADDING SECTION
13 OF CHAPTER 14 REGARDING THE AVAILABILITY OF JURY
TRIALS IN THE MUNICIPAL COURT.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE,
COLORADO, THAT:
Section 1. Section 13-2 of the Code of Laws of the City of
Wheat Ridge (effective June 1, 1989) is hereby amended as follows:
Sec. 13-2. Model Traffic Code.
(e) Penalty for violation. Any person convicted of a
violation of any of the provisions of this chapter shall be subject
to FINES OF NOT MORE THAN FOUR-HUNDRED NINETY-NINE DOLLARS
($499.00) ; PROVIDED, HOWEVER, THAT PERSONS CONVICTED OF VIOLATIONS
OF SECTION 4-6, CONTEST PROHIBITED, SECTION 5-1, RECKLESS DRIVING,
SECTION 4-1, SPEEDING MORE THAN 20 MPH OVER POSTED LIMIT, AND
SECTION 21-13, ELUDING OR ATTEMPTING TO ELUDE POLICE OFFICER, SHALL
BE SUBJECT TO the penalties as specified in section 1-5 of this
Code.
Section 2. Section 20-43 of the Code of Laws of the City of
Wheat Ridge (effective June 1, 1989) is hereby repealed and
reenacted as follows:
Sec. 20-43. Penalty.
Any person violating any provision of this article shall be
subject to the penalties of section 20-22 of this Code; provided,
however, that nothing contained in this section or section 20-22
shall impair the ability of the City to enforce the other remedial
provisions as provided in this article.
Section 3. Section 14-13 of the Code of Laws of the City of
Wheat Ridge (effective June 1, 1989) is hereby added as follows:
Sec. 14-13. Trials.
(a) Trial by jury. A defendant shall not be entitled to a
trial by jury unless:
(1) The defendant is charged with a criminal
offense for which sections 16-10-101 and 16-
10-109(1), Colorado Revised Statutes (as
amended July 1, 1988) preserves the right to
a jury trial, and if
(2) The defendant complies with the
requirements of Colorado Rule of Municipal
Court Procedure 223 and section 13-10-114
Colorado Revised Statutes (as amended).
(b) Jury membership. The jury shall consist of three members
unless a greater number, not to exceed six, is requested by the
defendant in a written jury demand.
(c) Trial to the court. All other criminal matters for which
the defendant has plead not guilty, but for which the defendant has
not perfected his right to a jury trial pursuant to subsection (a)
of this section, and all civil matters, shall be tried to the court
with the municipal judge as fact-finder.
Section 4. Severability. If any clause, sentence, paragraph,
or part of this ordinance or the application thereof to any person
or circumstances shall for any reason be adjudged by a court of
competent jurisdiction invalid, such judgment shall not affect
application to other persons or circumstances.
Section 5. 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.
1989.
Section 6. This ordinance shall become effective June 1,
INTRODUCED, READ, AND ADOPTED on first reading by a vote of
6 to 2 on this 10th day of April , 1989, in the
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 May 8, 1989 ,
sUft at 7:30 o'clock p.m., in the Council Chambers, 7500 West 29th
Avenue, Wheat Ridge, Colorado.
READ, ADOPTED, AND ORDERED PUBLISHED on second and final
reading by a vote of 6 to 2 this 8th day of May ,
1989.
2
SIGNED by the Mayor on this 9th day of
1989.
Dan Wilde, Mayor
ATTEST:
Wanda Sang, City ✓G erk
APPROVED AS TO FORM BY
OFFICE OFj C TY ATTORNEY
I t 1
John /t. Hayes; City Attorney
1st Publication: April 13, 1989
2nd Publication: May 11, 1989
Wheat Ridge Sentinel:
Effective Date: June 1, 1989
3