HomeMy WebLinkAboutOrdinance-1992-0906
INTRODUCED BY COUNCILMEMBER
COUNCIL BILL NO.
Ordinance No.
Series of
P. EDWARDS
23
906
1992
TITLE:
AN ORDINANCE AMENDING CHAPTER 15, NUISANCES, OF THE CODE
OF LAWS OF THE CITY OF WHEAT RIDGE BY ADDING A
SECTION 15-30, SPECIFIED ACTIVITIES PROHIBITED AT GOLF
DRIVING RANGES, 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 the following Section 15-30:
Section 15-30. Specified activities prohibited at golf
driving ranges.
(a) No owner, lessee and/or operator of a golf driving
range shall permit said driving range to be operated in such
a manner as to allow or permit golf balls to leave the
boundaries of the golf driving range and to thereafter come
upon any other property, public or private, after being hit
or struck by any person who has paid any consideration for the
use of, or who has received permission from the owner, lessee
and/or operator to use, the golf driving range.
(b) The provisions of this Section 15-30, and each
of its subparts, shall be construed so as to impose
"strict liability" as defined in C.R.S. 18-1-502 upon the
owner, lessee and/or operator of a golf driving range.
The voluntary act or omission on the part of the owner,
lessee and/or operator for purposes of this Section 15-
30 is the making available, for consideration, of golf
clubs, golf balls, and/or driving or ball striking areas
or tees to any person whose intent is to strike said golf
balls with any golf club.
(c) The occurrence of any of the acts or events
specified in subpart (a) of this Section 15-30 shall
consti tute a nuisance and shall subj ect the owner, lessee
and/or operator of the driving range to all of the enforcement
provisions of Section 15-9 of this Code of Laws.
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 one (1)
day after final publication.
INTRODUCED, READ, AND ADOPTED on first reading by a vote of
8 to 0 on this 28th day of September , 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, October 26 , 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
October
AND ORDERED
5 to
, 1992.
PUBLISHED
4 this
on second and
26th day of
final
SIGNED by the Mayor on this
1992.
27th day of
October
Ray
ATTEST:
2
1st Publication: October 8, 1992
2nd Publication: November 5, 1992
Wheat Ridge sentinel:
Effective Date: November 6, 1992
3