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HomeMy WebLinkAboutOrdinance-2001-1235 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER DiTllll io Council Bill No. 25-2001 Ordinance No. 1235 Series of 2001 TITLE. AN ORDINANCE AMENDING SECTION 16-43 OF THE CODE OF LAWS OF THE CITY OF WHEAT RIDGE, COLORADO, CONCERNING CRIMINAL MISCHIEF. WHEREAS, the City of Wheat Ridge, Colorado (the "City"). is a political subdivision of the State of Colorado organized and existing as a home rule municipality pursuant to Article XX of the Colorado Constitution and the home rule charter for the City (the "Charter"); and WHEREAS, pursuant to section 1.3 of the Charter, the City has all the power of local self-government and home rule and all the power possible for a municipality to have under the Constitution of the State of Colorado; and WHEREAS, pursuant to its home rule power, the City has the authority to proscribe and punish non-felony criminal offenses; and WHEREAS, the City desires to amend the definition of criminal mischief In the Wheat Ridge Code of Laws. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Section 1 6-43 of the Wheat Ridge Code of Laws is hereby amended to read in its entirety as follows. Sec. 16-43. Criminal mischief. It is unlawful for any person to knowingly or recklessly injure, damage or destroy the real or personal property owned by another, in whole or in part; provided that this section shall not apply where the aggregate damage in anyone (1) criminal episode to such real or personal property is four hundred dollars ($400.00) or more, or where the damage is effected by means of fire or explosives or with the intent to defraud. 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 CNB\53027\38158401 1 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 Severabilitv: ConflictinQ Ordinances Repealed. If any section, subsection or clause of this ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby. All other ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. Section 4. Effective Date. This Ordinance shall take effect fifteen days after final publication, as provided by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of 7 to 1 on this 22nd day of October , 2001, 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 December 10 , 2001, 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 8 to 0 ,this 10th day of December , 2001. SIGNED by the Mayor on this 11 th day of Dp('pmhpr ,2001. ATTEST: ~-1.oI~ Wanda Sang, City Clerk 422S To Foem raz; ~~ Gerald E. Dahl, City Attorney First Publication: Octohpr 7S 7001 Second Publication: December 13, 2001 Wheat Ridge Transcript Effective Date: December 28. 2001 CNB\53027\381584.0 I 2