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