HomeMy WebLinkAboutOrdinance-1999-1166
CITY OF WHEAT RIDGE, COLORADO
INTRODUCED BY COUNCIL MEMBER DiTullio
Council Bill No. 28
Ordinance No. 1166
Series of 1999
TITLE:
AN ORDINANCE AMENDING SECTION 15-23 OF THE WHEAT
RIDGE CODE OF LAWS, CONCERNING REGULATIONS
APPLICABLE TO THE CONDITION OF STABLES, FERTILIZER, AND
BUILDINGS
WHEREAS, Section 15-23 of the Wheat Ridge Code of Laws contains
regulations for the condition of stables, fertilizer, and buildings; and
WHEREAS, the Council wishes to amend the Section 15-23 as a result of a
need to better enforce and prosecute violations relating to manure accumulation
and resulting nuisances such as odors and flies.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE,
COLORADO, AS FOLLOWS'
Section 1. Section 15-23 of the Wheat Ridge Code of Laws is hereby
amended by the revision of the title to read: Condition of PROPERTY, Stable,
Fertilizer, AND Buildings and by the addition of new subsections (e) and (f) which
shall provide as follows:
(e) For purposes of civil or criminal enforcement of violations of this
Section under Section 15-9, it shall be considered prima facie
evidence that a person is in violation of this Section if there are at
least two or more complaining witnesses from separate households
neighboring or adjacent to the subject property who shall sign such
complaint and shall have testified at trial regarding the nuisance
complained of and all efforts of Code Section 26-30(L)(1) have been
exhausted as testified to in writing by the Animal Welfare and Control
Commission and signed by the Chairperson of that Commission. An
animal care officer, police officer or code enforcement official who has
personally investigated the complaint of a single complainant and
observed offensive odors, excessive flies, andlor amounts of manure
giving rise to that person's belief, in his or her reasonable judgment
that the manure accumulation constitutes a nuisance, must testify in
order to satisfy the requirement for the second complaining witness.
(f) The municipal court judge is authorized to double the applicable
fine otherwise imposed upon any person under this Section if such
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person has been previously convicted of the same or a similar violation
within the preceding twelve (12) months.
Section 2. 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 proper
legislative object sought to be attained.
Section 3. Severabilitv. If any clause, sentence, paragraph, or part of this
Ordinance or Application thereof to any person or circumstances shall for any
reason be judged 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 4. Effective Date. This Ordinance shall take effect one day
following final approval.
INTRODUCED, READ, AND ADOPTED on first reading by a vote of 6 to 0 on
this 9th day of August, 1999, 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 August 23, 1999, at 7 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 7 to 1, this 23rd day of August, 1999.
SIGNED by the Mayor on this ~ day of August
, 1999.
1 st Publication. August 13, 1999
2nd Publication: September 3, 1999
Wheat Ridge Transcript
Effective Date. August 24, 1999
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