HomeMy WebLinkAboutOrdinance 2009-1429CITY OF WHEAT RIDGE, COLORADO
INTRODUCED BY COUNCIL MEMBER ROTOLA
Amended Council Bill No. 01-2009
Ordinance No. 1429
Series of 2009
TITLE: AN ORDINANCE AMENDING ARTICLE IV OF CHAPTER 21 OF THE
CODE OF LAWS OF THE CITY OF WHEAT RIDGE ENTITLED
COURTESY BENCHES AND BUS STOP SHELTERS.
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, including the power to regulate the placement of
structures in and around the public rights-of-way; and
WHEREAS, pursuant to this authority, the Wheat Ridge City Council ("City Council")
previously adopted a courtesy bench and bus shelter program, as Article IV of Chapter 21 of the
Code of Laws of the City of Wheat Ridge ("Code of Laws"); and
WHEREAS, the courtesy bench program allows multiple individuals to participate in the
program which staff finds and the City Council agrees is inefficient; and
WHEREAS, in order to improve efficiency and generate additional revenue for the City,
the City Council wishes to amend Article IV of Chapter 21 to create a new provider program for
courtesy benches; and
WHEREAS, upon the creation of a new provider program for courtesy benches, several
existing sections in Article IV of Chapter 21 will be obsolete and the Council wishes to repeal
such provisions.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
WHEAT RIDGE, COLORADO:
Section 1. Section 21-121 of the Code of Law is amended to read as follows:
Sec. 21-121. Definition.
In this article "courtesy bench" means ANY BENCH OR SEAT THAT MAY OR MAY
NOT CONTAIN ADVERTISING MATERIAL, WHICH IS LOCATED ON A PUBLIC RIGHT-OF-
WAY OR PUBLIC OR PRIVATE PROPERTY WITHIN THE CITY AND IS ADJACENT TO AN
RTD SIGN DESIGNATING A BUS STOP.
Section 2. Section 21-123 of the Code of Laws is repealed and reenacted to read as
follows:
Sec. 21-123. CITY TO PERMIT LOCATION.
THE CITY MAY PERMIT ONE OR MORE PROVIDERS OF COURTESY BENCHES IN
THE CITY . THE CITY MAY PROVIDE FOR INSTALLATION OF COURTESY BENCHES
DIRECTLY BY THE CITY, BY CONTRACT, AGREEMENT OR OTHERWISE. ALL
COURTESY BENCHES SHALL BE CONSTRUCTED AND INSTALLED IN COMPLIANCE
WITH THE REQUIREMENTS OF THE AMERICANS WITH DISABILITIES ACT AND AS
OTHERWISE PROVIDED IN THIS ARTICLE IV. IF INSTALLED BY CONTRACT OR
AGREEMENT, THE TERMS OF SUCH CONTRACT OR AGREEMENT SHALL GOVERN THE
PLACEMENT OF SUCH BENCHES; PROVIDED, HOWEVER, THAT ALL SUCH BENCHES
SHALL COMPLY WITH THE LOCATION REQUIREMENTS DESCRIBED IN THIS ARTICLE IV.
ANY CONTRACT OR AGREEMENT TO INSTALL COURTESY BENCHES CONTAINING
ADVERTISING PUSUANT TO THIS SECTION MUST BE APPROVED BY AFFIRMATIVE
VOTE OF THE CITY COUNCIL.
Section 3. Section 21-124 of the Code of Laws is amended by the deletion of
subsections (a), (b), (c) and (f) and the designation of the existing subsections (d) and (e) as the
new subsections (a) and (b), and the new subsection (b) is amended to read as follows:
Sec. 21-124. ; COURTESY BENCH location,
Fnaintewanse.
(d)(a) Zones in which advertising matter on benches permitted...
W(b) Benches without advertising.
listed abeve. The city specifically finds that the exclusion of benches containing advertising
from the A-1, A-2, R-1, R-1A, RAC, R-2 zone districts within the city is necessary to preserve
the aesthetic character and integrity of the predominately single family residential homes and
neighborhoods established therein.
subsestieF}
Section 4. Section 21-128 of Code of Laws is amended to read as follows:
Sec. 21-128. Planning diFester' DIRECTOR OF PUBLIC WORKS authority.
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Notwithstanding any other provision of this article, the director of GOMMUAitjF
develepmewt PUBLIC WORKS is authorized to declare any individual bus stop, group of
stops or other defined area as an area in which courtesy benches may not be located.
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area.
Section 5. Division 2 of Article IV of Chapter 21 of the Code of Laws is renamed Bus
Stop Shelters.
Division 2. PERMIT BUS STOP SHELTERS
Section 6. Section 21-151 of the Code of Laws is amended by the addition of
subsections and additional text to read as follows:
(a) The city may provide for the erection of bus stop shelters directly by the city, by
contract, agreement, or otherwise.
(b) All such bus stop shelters shall be constructed in compliance with the requirements
of the Americans With Disabilities Act.
(c) If erected by contract or agreement with a private company, the terms of such
contract or agreement shall govern the placement of such shelters; provided, however, that all
such shelters shall comply with the following F89WiF9FneRt8 of this aFtiGI8 IV (wheM!R all
shelters)":
(1) Location: All bus shelters may be located on all Class 2, 3, 4 and 5 (collector,
arterial or major arterial) roadways. No bus shelter may be permitted on any Class 6 or 7
(local) roadways other than at intersections of a major roadway as described above
(refer to Exhibit A). Locations shall be generally as shown on attached Exhibit B, with
final approval of locations determined by the city. However, the city may deny
permission to locate a bus stop shelter at a specific location for any reason.
(2) Prior to construction of a bus shelter, the site shall be posted with a sign indicating a
shelter is proposed at that location and anyone objecting to the location shall indicate to
the city in writing, within fifteen (15) days of the posting of the sign, their objection and
the reasons therefor. Any location which receives an objection shall be presented to city
council at a public meeting for approval or denial. The city shall have the final
determination on the locations for bus shelters.
(3) The city council may, by resolution, add or delete locations shown on Exhibit B.
(4) Bus stop removal: 29: z; 26 IF THE BUS STOP AT WHICH A COURTESY
SHELTER FOR A BUS STOP IS PLACED IS MOVED OR ELIMINATED, NOTICE BY
CERTIFIED MAIL SHALL BE SENT TO THE OWNER OF THE SHELTER INFORMING
HIM THAT THE SHELTER MUST BE REMOVED. THE SHELTER SHALL BE
REMOVED BY THE PERMITTEE WITHIN THIRTY (30) DAYS AFTER THE NOTICE IS
MAILED. PRIOR TO PLACING THE SHELTER FOR THE BUS STOP IN A NEW
LOCATION, NEW APPROVAL MUST BE OBTAINED AS PROVIDED IN THIS
SECTION 21-151,
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(5) Application for RIGHT-OF-WAY USE permit required:
SeGtie^ 21 142(a AN APPLICATION FOR A RIGHT-OF-WAY USE PERMIT SHALL
BE SUBMITTED TO THE PUBLIC WORKS DEPARTMENT AS PROVIDED IN
ARTICLE III OF CHAPTER 21 FOR PLACEMENT OF THE COURTESY SHELTER IN
THE CITY RIGHT-OF-WAY. THE DIRECTOR OF PUBLIC WORKS MAY REQUIRE
THE APPLICANT TO OBTAIN A RIGHT-OF-WAY CONSTRUCTION PERMIT AS
PROVIDED IN ARTICLE II OF CHAPTER 21. THE DIRECTOR OF PUBLIC WORKS
MAY ALSO REQUIRE THE APPLICANT TO OBTAIN A MISCELLANEOUS BUILDING
PERMIT FROM THE BUILDING DEPARTMENT OF THE CITY FOR THE PROPOSED
COURTESY SHELTER.
(9)(6) Denial, revocation: SAGtO^R:24 440 ANY PERMIT ISSUED UNDER AUTHORITY
OF THIS ARTICLE MAY BE DENIED OR REVOKED BY THE DIRECTOR OF PUBLIC
WORKS AT ANY TIME WITHOUT CAUSE.
(4)(7) Removal following revocation: SeGtiei; :24 450. IN THE EVENT A PERMIT IS
REVOKED FOR ANY COURTESY SHELTER, NOTICE SHALL BE SENT BY
CERTIFIED MAIL TO THE PERMITTEE AS LISTED IN THE MOST RECENT
APPLICATION OR REAPPLICATION FOR PERMIT. WITHIN THIRTY (30) DAYS
AFTER THE NOTICE IS SENT, THE PERMITTEE SHALL REMOVE OR CAUSE TO
HAVE REMOVED THE PARTICULAR COURTESY SHELTER OR SHELTERS. IF THE
PERMITTEE FAILS TO REMOVE THE PARTICULAR COURTESY SHELTER OR
SHELTERS PURSUANT TO THE NOTICE, THE CITY SHALL HAVE THE IMMEDIATE
RIGHT TO HAVE THE COURTESY SHELTER OR SHELTERS REMOVED AT THE
EXPENSE OF THE PERMITTEE. THE REVOCATION OF A COURTESY SHELTER
PERMIT SHALL APPLY TO THE SHELTER OR SHELTERS WHICH ARE EXPRESSLY
LISTED IN THE NOTICE.
Section 7. Sections 21-125 through 21-127 and Sections 21-141 through 21-150 of the
Code of Laws are hereby repealed.
Section 8. 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 9. Severability: Conflicting 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 10. Effective Date. This Ordinance shall take effect fifteen days after final
publication, as provided by Section 5.11 of the Charter.
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INTRODUCED, READ, AND ADOPTED on first reading by a vote of 6 to 1 on this 9th
day of February, 2009, 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,
February 09, 2009, 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 12th day of February, 2009.
SIGNED by the Mayor on this 12th day of I
ATTEST-
Michael Snow, Cit Jerk
First Publication: January 29, 2009
Second Publication: February 12, 2009
Wheat Ridge Transcript:
Effective Date: February 27, 2009
App ve To Form
Gerald E. Dahl, City Attorney
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