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HomeMy WebLinkAboutOrdinance-2007-1395 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER STITES Council Bill No. 16 Ordinance No. 1395 Series of 2007 TITLE: AN ORDINANCE ADDING CODE OF LAWS SECTION 16-49; CONCERNING GRAFFITI WHEREAS, the City Council of the City of Wheat Ridge (the "Council") is authorized to enact ordinances for the preservation of the public health, safety and welfare; and WHEREAS, the crime of defacing property, popularly known as graffiti, is injurious to the public welfare; and WHEREAS, the Council wishes to prohibit possession of graffiti materials in public places and closed private places within the City; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. The Wheat Ridge Code of Laws is amended by the addition of a new Section 16-49, to read in its entirety: 16-49 - Prohibition on Possession of Graffiti Materials. (a) Public Places. It shall be unlawful for any person, except authorized city employees or individuals authorized by an individual or company under contract with the city, to have in his or her possession any prohibited graffiti material, as that term is defined in Section 16-180, while in or upon any public park, playground, swimming pool, recreational facility, or other public building or structure owned or operated by the city. (b) Closed Private Places. It shall be unlawful for any person to have in his or her possession any prohibited graffiti material, as that term is defined in Section 16- 180, on private property not open to the public without permission from the owner or his or her lawful agent. 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. GED\53027\412481.01 Section 3. Severability: Conflictin!! Ordinances Revealed. 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 R to o on this 25th day of June , 2007, 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 July 9 ,2007, 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 7 to 0 , this 9th day of July ,2007. SIGNED by the Mayor on this 10th day of ATTEST: P1JJ~ Michael Snow, City Clerk First Publication: June 28, 2007 Second Publication: July 12, 2007 Wheat Ridge Transcript Effective Date: July 27, 2007 GED\53027\41248 1.01