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HomeMy WebLinkAboutOrdinance-1995-0988 INTRODUCED BY COUNCILMEMBER SOLANO COUNCIL BILL NO. 1 ORDINANCE NO. 988 Series of 1995 TITLE: AN ORDINANCE PROHIBITING THE DEFACING OF PUBLIC OR PRIVATE PROPERTY WHEREAS, the City Council of the City of Wheat Ridge, Colorado, has determined that defacing of public or private property by painting, drawing, writing, etching, or carving, by use of paint, spray paint, ink, knife, or any similar method, commonly referred to as "gang graffiti", constitutes a serious and growing menace, injurious to the public health, safety, morals, and general welfare of the residents of the City; that gang graffiti contributes substantially to the spread of gang activity, violence and substantially to the spread of gang activity, violence and crime. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO, THAT: Section 1. Wheat Ridge code of Laws, Chapter 16, Article III, "DEFACING PROPERTY" is added as follows: Sec. 16-47. DEFACING PROPERTY (a) It shall be unlawful for any person to deface, or cause, aid in, or permit the defacing of public or private property without the consent of the owner by painting, drawing, writing, or marking, by use of paint, spray paint, ink or by any other method of defacement. (b) Deface as used in subsection (a) shall include, but not be limited to, the writing, painting, inscribing, drawing, scratching, scribbling or any other unauthorized marking upon any wall or surface owned, operated or maintained by any person, unless there is written permission for said writing, painting, inscribing, drawing, scratching or scribbling. Section 2. DEFACING PROPERTY -- PENALTY (a) A person who commits DEFACING PROPERTY is in violation of the Wheat Ridge Municipal code. A violation of this subsection shall be subject to the penalty provided in Section 16-4 of the Wheat Ridge Municipal Code. (b) It is further provided that this section shall not apply where the aggregate damage in anyone (1) criminal episode to such real or personal property IS MORE than the dollar amount defined as a felony by statute. 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 proper legislative object sought to be obtained. Section 4. Severabilitv. If any clause, sentence, paragraph, or part of this ordinance or the application thereof to any person of circumstances shall for any reason be adjudged by a court of competent jurisdiction invalid, such judgment shall not affect, impair or invalidate the remainder of this ordinance or its application to other persons or circumstances. section 5. This Ordinance shall take effect upon passage. INTRODUCED, READ, AND ADOPTED on first reading by a vote of ~ to 0 on this 9th day of January , 1995, 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 23 , 1995, at 7:00 o'clock p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of ~ to 0 , this 23rd day of Januarv , 1995. ~fL;;J ) Dan Wilde, Mayor APPROVED AS TO FORM BY CITY ATTORNEY kdi.ddf't-,-1, x/U~djJ/l) Kathryn L. ~hroeder, City Attorney First Publication: Rocky Mountain News - January 12, 1995 Second Publication: February 2, 1995 Jefferson sentinel Effective Date: January 23, 1995