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HomeMy WebLinkAboutOrdinance-1992-0891 INTRODUCED BY COUNCILMEMBER VANCE EDWARDS COUNCIL BILL NO. 3 Ordinance No. 891 Series of 1992 TITLE: AN ORDINANCE AMENDING THE ZONING CODE OF THE CITY OF WHEAT RIDGE BY ADDING A DEFINITION OF CONFINEMENT FACILITY, AND BY DECLARING THE USE OF PROPERTY AS A CONFINEMENT FACILITY TO BE A PROHIBITED USE WITHIN ANY ZONE DISTRICT WITHIN THE CITY OF WHEAT RIDGE, EXCEPT FOR ANY HOLDING FACILITY OPERATED AND CONTROLLED EXCLUSIVELY BY THE WHEAT RIDGE POLICE DEPARTMENT. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO, THAT: Section 1. Section 26-5, Definitions, of the Code of Laws of the city of Wheat Ridge is hereby amended by adding thereto the following provision: "Confinement facility" means a publicly or privately owned or operated facility or building utilized for the short-term or long-term confinement, incarceration, or holding of persons upon order of any law enforcement entity, court of competent jurisdiction, or the Colorado Department of Corrections. Confinement facilities shall include, without limitation, jails, prisons, correctional institutions, half-way houses, and any other similar facility. Confinement facilities shall not include residences to which an individual is confined pursuant to electronic detection, group homes otherwise authorized by the city's Zoning Code to which juvenile offenders are sentenced, and residential treatment facilities which are otherwise permitted within the City. Except for any holding facilities which are a part of a building owned or utilized by the city of Wheat Ridge, and which are controlled and utilized solely and exclusively by the Wheat Ridge Police Department, confinement facilities are a prohibited use within any zone district within the city of Wheat Ridge. Confinement facilities are hereby expressly excluded from the definitions of public buildings/use, public facility, governmental building, or quasi-governmental building as those phrases variously appear in this Chapter 26. Section 2. 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 3. 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 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 10th day of February , 1992, 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, March 9 , 1992, at 7:30 o'clock p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. READ, ADOPTED, reading by a vote of March AND ORDERED PUBLISHED 6 to 2 this 1992. on 9th second and day of final SIGNED by the Mayor on this lOth 1992. day of Ma rch ,-- '), , . Jf L1 ~ j.. Lc '" -"'-, ;'l~ / Ray J. Yirtger, Jr .'~ M.{yor ATTEST: I i --" - I -L---/ X . 'O::__":~,/' .l;L~L......'~", :>',L-.(. 6, Wanda Sang, City C~'rk APPROVED';'S :1'-9 FORM BY OFFICE,' ~A'}'""IRNP /. / J J~~ J07E. Hayes, City Lttorney 1st Publication: February 20, 1992 2nd Publication: March 19, 1992 Wheat Ridge sentinel: Effective Date: April 3, 1992