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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