HomeMy WebLinkAboutOrdinance-1989-0811INTRODUCED BY COUNCILMEMBER SNOW
Ordinance No. 811
Series of 1989
TITLE: AN ORDINANCE AMENDING THE CODE OF LAWS OF THE CITY OF
WHEAT RIDGE (1989) BY ADDING SECTIONS 110 AND 111 OF
CHAPTER 16 AND CREATING SEPARATE PROVISIONS CONTROLLING
OFFENSES OF DOMESTIC VIOLENCE, AND PROVIDING A PENALTY
FOR VIOLATION THEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE,
COLORADO, THAT:
Section 1. The Code of Laws of the City of Wheat Ridge is
hereby amended by the addition of Section 16-110 as follows:
Sec. 16-110. Domestic violence.
(a) Definitions. Unless the text clearly requires otherwise,
the following words and phrases shall have the meanings indicated:
(1) "Court" means any of the Jefferson County District
Courts or County Courts, and the Wheat Ridge Municipal Court.
(2) "Domestic violence" includes, but is not limited to,
any of the following offenses when committed by one family or
household member against another family or household member:
(i)
Assault (Wheat Ridge, Code § 16-21;
C.R.S. 18-3-202 to -204);
(ii)
Brandishing weapons (Wheat Ridge, Code
§ 16-86);
Burglary (C.R.S. 18-4-202 to -204);
(iv)
Criminal extortion (Wheat Ridge, Code
§ 16-23; C.R.S. § 18-3-207);
(v)
Criminal mischief (Wheat Ridge, Code
§ 16-43; C.R.S. § 18-4-501);
(vi)
Disorderly conduct (Wheat Ridge, Code
§ 16-101);
(vii)
Disturbing the peace (Wheat Ridge, Code
§ 16-103);
(viii) Harassment (Wheat Ridge, code § 16-107;
C.R.S. § 18-9-111);
(ix) Harboring minors (Wheat Ridge, Code
§ 16-178);
(x)
Kidnaping (C.R.S. 18-3-301 to -302);
(xi)
Menacing (Wheat Ridge, code § 16-22;
C.R.S. § 18-3-206);
(xii)
Reckless endangerment (Wheat Ridge, Code
§ 16-24; C.R.S. § 18-3-208);
(xiii)
Sexual Assault (Rape) (C.R.S. 18-3-402
to -404);
(xiv)
Theft (Wheat Ridge, Code § 16-41; C.R.S.
§ 18-4-401);
(xv)
Trespassing (Wheat Ridge, Code § 16-46;
C.R.S. 18-4-503 to -504);
(xvi)
Unlawful imprisonment (C.R.S. § 18-3-303);
(xvii)
Vehicular assault (C.R.S. § 18-3-205);
(xviii)
Violation of custody (C.R.S. § 18-3-304);
(xix)
Violation of protective order (C.R.S.
§ 14-4-103);
(xx)
Violation of restraining order
(C.R.S. § 14-4-102);
(xxi)
Attempting to commit any of the offenses
specified in this subsection (a)(2)
against a family or household member
(Wheat Ridge, Code § 16-5;
C.R.S. § 18-2-101);
(xxii)
Aiding, abetting or advising another to
commit any of the offenses specified in
this subsection (a)(2) against a family
or household member (Wheat Ridge, Code
§ 16-5; C.R.S. § 18-2-101); and
(xxiii)
Conspiracy to commit any of the offenses
specified in this subsection (a)(2)
against a family or household member
(C.R.S. § 18-2-201).
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(3) "Family or household members" means:
(i} Spouses; former spouses; adult persons
related by blood, adoption or marriage;
persons who have a child in common
regardless of whether they have been
married or have lived together at any
time; and persons of either sex who are
presently residing together in an intimate
relationship or who have resided together
in an intimate relationship in the past;
or
(ii) The children of any person specified
in subsection (a)(3)(i).
(4) "Judicial day" means any day in which a court
convenes or is formally in session.
(5) "Victim" means any family or household member who
has been subjected to domestic violence.
(b) Violations. It shall be unlawful for any person to
commit an act of domestic violence.
(c) Penalties. A person who is found guilty at trial, or who
pleads guilty or no contest to a violation of this section shall
be guilty of a misdemeanor punishable pursuant to section 16-4 of
the Code of Laws. In addition, the court shall have discretion to
order sentences which include treatment for drug or alcohol abuse,
counseling for domestic violence, counseling for mental health
disorders, community service work programs, or Contact Limitation
Orders. Whenever the court orders counseling for domestic
violence, the court shall, to the extent possible, order such
counseling to occur in a treatment program certified pursuant to
H 18-6-802 to -803, C.R.S. (as amended).
(d) Duties of the municipal court. Because of the serious
nature of domestic violence, the court in domestic violence
actions:
(1) Shall not dismiss any charge or delay arraignment
or disposition because of concurrent dissolution or other judicial
proceedings.
(2) Shall waive any requirement that the victim's
location or residence be disclosed to any other person unless such
person shows the court by clear and convincing evidence that the
possibility for further violence is slight and the victim's
location or residence is necessary for purposes of formulating an
affirmative defense.
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(3) Shall make pretrial Contact Limitation orders
pursuant to subsection (e) of this section and such other pretrial
orders which accommodate the defendant's ability to acquire
necessary information and personal belongings without subjecting
the victim to the possibility of further violence.
(4) Shall arraign domestic violence cases on the next
judicial day whenever possible, but in no case shall arraignment
occur more than six (6) days after the date of the alleged offense.
(5) Shall give domestic violence cases priority on the
docket and make a concerted effort to bring such cases to trial
within 30 days after arraignment.
(e) Contact Limitation Orders. If the defendant may be
released from custody, by bond or otherwise, the court authorizing
such bond or such release may enter a Contact Limitation Order
which limits or restricts the defendant's contacts, in person or
otherwise, with the victim or other family or household members.
(1) By way of illustration, but not limitation, such
Contact Limitation Orders may include:
(i) Limiting, restricting, restraining or
conditioning the defendant's contacts, in person or
otherwise, with the victim or other family or
household members;
(ii) Excluding the defendant from the family home
upon a showing that physical or emotional harm would
otherwise result;
(iii) Excluding the defendant from the homes of
others, such as friends or family members of the
victim, upon a showing that physical or emotional
harm would otherwise result;
(iv) Requiring the victim or other person to
deliver information or belongings to another
specified person or police officer who shall, in
turn, deliver the information or belongings to the
defendant; and
(v) Permitting the defendant to have limited access
to the family home or victim's residence only when
the victim or other family or household members will
not be present and/or only when escorted by a police
officer.
(2) The court may authorize a defendant's release and
enter a Contact Limitation order by telephone and further authorize
the Court Clerk or other person to issue such order in writing to
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the defendant. The written order releasing the defendant shall
contain the court's directives and shall contain a notice that
"VIOLATION OF THIS ORDER IS A CRIMINAL OFFENSE WHICH WILL SUBJECT
THE DEFENDANT TO IMMEDIATE ARREST AND DETENTION."
(3) If the defendant fails to comply with a Contact
Limitation Order, the defendant commits a separate offense which
may be charged pursuant to section 16-111 of the Code of Laws. If
the defendant fails to comply with a Contact Limitation Order but
is not formally charged with a separate offense, the court, in its
discretion, may find the defendant in contempt of court and impose
penalties as the court deems just.
(4) Contact Limitation orders issued prior to
arraignment shall expire after six (6) days. Contact Limitation
Orders issued after arraignment but prior to trial shall expire
immediately upon completion of the trial or upon other final
resolution of the case. If the court continues the trial date for
some reason, the court may vacate, modify or continue the Contact
Limitation Order. Absent specific findings and orders by the court
to the contrary pretrial Contact Limitation orders are presumed to
continue in full force and effect until the completion of the trial
or other final resolution of the case.
(5) Contact Limitation Orders issued after trial shall
expire one year after the date of the order unless the order
expressly indicates a sooner expiration date. Contact Limitation
Orders issued after trial shall also terminate whenever a
subsequent order regarding the same parties is issued pursuant to
the "Uniform Dissolution of Marriage Act", article 10 of title 14,
C.R.S., or the "Uniform Child Custody Jurisdiction Act", article
13 of title 14, C.R.S., or the "Colorado Children's Code", title
19, C.R.S.
(6) A copy of any Contact Limitation order shall be
supplied to the protected party or parties as soon as possible
after it is issued and, preferably, before the defendant is
released.
(7) The party or parties protected by a Contact
Limitation Order shall show such order to any law enforcement
officer called to enforce it.
(f) Hold Pending Arraignment. Whenever the court finds a
substantial likelihood that a defendant, if released from custody,
would commit additional acts of domestic violence against the
victim or other family or household members which would cause
serious bodily injury or death to either the victim or another
family or household member, the court may order that the defendant
be held without bond pending arraignment or advisement of rights
regarding the alleged offense. If the court orders a Hold Pending
Arraignment, however, the defendant shall be arraigned for the
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alleged offense on the next judicial day. For purposes of deciding
the propriety of a Hold Pending Arraignment, the court should
consider, among other evidence, the following:
(1) The nature and extent of the injuries sustained by
the victim in the offense charged;
(2) The defendant's history of domestic violence against
the victim or other family or household members or of violence
against any person;
(3) Any records of any law enforcement agency regarding
past contacts with the defendant, the victim, or other family or
household members concerning domestic violence committed by the
defendant; and
(4) Whether the information presented to the court,
taken as a whole, indicates a pattern of escalation, either in
frequency or severity, in domestic violence acts by the defendant.
(g) Appearance by Victim. Whenever a defendant receives a
Summons and Complaint for a domestic violence violation, the police
officer who served such Summons and Complaint may also serve the
victim with a Subpoena to Appear at the same time and date
scheduled for the defendant's arraignment. Such Subpoena to Appear
shall be issued by the Clerk of the Municipal Court and the officer
who serves the Subpoena shall complete the Return of Service and
deliver it to the court. If the victim appears and the matter is
not resolved by pretrial conference following the defendant's
arraignment, the court shall order the victim to appear at the date
and time scheduled for the defendant's trial and the victim shall
sign and receive a copy of a Notice to Appear. The court shall
exercise its contempt and equity powers to compel the appearance
of victims which have been subpoenaed or otherwise ordered to
appear.
(h) Service of Orders. An order, summons and complaint,
subpoena or other document issued pursuant to this section shall
be personally served upon the appropriate party by the police
department or sheriff.
(1) Whenever necessary, the Clerk of the Court shall
forward a copy of the summons, subpoena or order to the appropriate
law enforcement agency for service upon the appropriate party. If
a sheriff requires fees for service or mileage, the Clerk shall pay
such fees and notify the court. Upon a conviction, the court shall
assess such service fees against the defendant.
(2) If the police department or sheriff cannot complete
service within ten (10) days, or 48 hours before the date and time
of appearance, the police department or sheriff shall notify the
Clerk of the Court.
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(3) Returns of service shall be made in accordance with
the applicable rules of court.
Section 2. The Code of Laws of the City of Wheat Ridge is
hereby amended by the addition of Section 16-111 as follows:
Sec. 16-111. Violation of Contact Limitation order.
It shall be unlawful for any person knowingly to violate or
fail to comply with the terms of a Contact Limitation Order issued
and entered by a municipal court judge pursuant to section 16-
110(e) of the Code of Laws.
Section 3. 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 4. 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 property legislative object sought to be
attained.
Section 5. This ordinance shall become effective 1
day(s) after final publication.
INTRODUCED, READ, AND ADOPTED on first reading by a vote of
8 to 0 on this 9th day of October , 19891
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 October 23 , 1988, 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 8 to 0 this 23rd day of
October , 1989•
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1989.
SIGNED by the Mayor on this 24th day of
October
Dan Wilde, Mayor
ATTEST:
Wanda Sang, Cit}i Clerk
APPROVED AS TO„FORM BY
OFFICE OF ;CITY ATTORNEY
~I
John E. Hayes, Ci Attorney
1st Publication: October 12, 1989
2nd Publication: October 26, 1989
Wheat Ridge Sentinel:
Effective Date: October 27, 1989
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