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HomeMy WebLinkAboutOrdinance-1991-0857 INTRODUCED BY COUNCILMEMBER EDWARDS Ordinance No. 857 Series of 1990 TITLE: A BILL FOR AN ORDINANCE AMENDING SECTION 13-2 OF THE CODE OF LAWS OF THE CITY OF WHEAT RIDGE TO ELIMINATE AN INCONSISTENCY WITH OTHER PROVISIONS OF THE WHEAT RIDGE CODE OF LAWS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO, THAT: Section 1. Section 13-2(b) of the Code of Laws of the city of Wheat Ridge is hereby amended as follows: Sec. 13-2. Model traffic code. * * * * * (b) Amendments. The model traff ic code is subj ect to the following additions or modifications: * * * * * 11-4 Article XI, "Stopping, Standing or Parking Regulations" lS amended by the addition of the following Section 11-4, "Parking of Major Vehicles": * * * * * "(d) Enforcement. Notwithstanding any other provisions of this Model Traffic Code or of the Wheat Ridge City Code, any major vehicle as defined hereby which is parked or stored in violation of the provisions of Section 11-4 of this Code shall be subject to being towed and stored, at the owner's sole expense, by a towing contractor selected by the chief of police of the City of Wheat Ridge. The towing of illegally parked vehicles is necessary to ensure traffic and pedestrian safety by removing the view impediment created by the illegally parked major vehicles. In addition to the right to tow said illegally parked major vehicles, authori ty is granted to impose administrative charges upon the owner or operator of said illegally parked vehicle, or the owner of property allowing or permitting such illegal parking, subject to the following requirements: "( 1) To defray the cost of enforcement of this provision, a charge of fifty dollars ($50.00) shall be imposed for the first offense, one hundred dollars ($100.00) offense, two hundred dollars third offense, and three ($300.00) for the fourth offenses; for the second ($200.00) for the hundred dollars or subsequent "(2) Any person subjected to said administrative charges who objects thereto shall be entitled to either: "a. Have the right to request a hearing before the MUNICIPAL COURT REFEREE APPOINTED PURSUANT TO SECTION 14-10 OF THE WHEAT RIDGE CODE OF LAWS, chief of police which hearing shall be held no less than seventy-two (72) hours after the making of said request; or "b. Have a summons and complaint issued to him directing his appearance in the Wheat Ridge Municipal Court. If found guilty in the Wheat Ridge Municipal Court of violating the provisions of section 11-4 of this Code, or if a guilty plea is entered thereto, the court shall impose fines as specified in section 11- 4(d) (1) of this Code. * * * * * section 2. Severabilitv. 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 3. Safetv 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 4. This ordinance shall become effective 15 day(s) after final publication. INTRODUCED, READ, AND ADOPTED on first reading by a vote of 8 to 0 on this 26th day of November , 1990, 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 Monday, January 14 , 1991, at 2 7:30 o'clock p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. READ, ADOPTED, reading by a vote of January AND ORDERED PUBLISHED on 7 to 0 this 14th 199 1. second and day of final SIGNED by the Mayor on this 15th 1991. day of Januarv /0 I,' ~~ Dan Wilde, Mayor ATTEST: J/ Wanda Sang, City Cl~rk APPROVED AS TO OFFICE OF CITY / <- I FORM BY ATTORNEY !.- "' John E. Hayesy/bty ~ttorney ~i ~ 1st Publication: December 5, 1990 2nd Publication: January 23, 1991 Applewood/Wheat Ridge Transcript: Effective Date: February 7, 1991 3