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:
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'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