HomeMy WebLinkAboutOrdinance 1567TITLE :
CITY OF WHEAT RIDGE , COLORADO
INTRODUCED BY COUN CI L MEMBER FITZGERALD
Council Bill No. 06
Ordinance No. 156/
Series of 2015
AN ORDINANCE AMENDING SECTION 16-156 OF THE WHEAT RIDGE
CODE OF LAWS CONCERNING INTERFERENCE WITH PUBLIC
OFFICERS PERFORMING THEIR DUTIES
WHEREAS , the City of Wheat Ridge , Colorado (the "Cityw), 1s a Colorado home rule
municipality, duly organized and existing pursuant to Section 6 of Article XX of the Colorado
Constitution ; and
WHEREAS , pursuant to its home rule authority and C.R.S . § 31-15-401 , the City , acting
through its City Counc il (the "Council "), is authorized to adopt rules and regulat io ns prohibiting
certain conduct and defining general offenses that harm or pose a threat to the public health ,
safety or welfare; and
WHEREAS , pursuant to such authority, the Council has prev iously defined and adopted
certain general offenses , codified as Chapter 16 of the Whe at Ridge Code of Laws ("Code"),
including a prohibition of interfering with publi c officers in the performance of their duties ,
codified as Code Section 16-156; and
WHEREAS , the Council finds that said Sect1on 16-156 should be amended and updated
to reflect the current state of the law concerning investigatory stops and interference with
officers.
NOW THERE FORE BE IT ORDAINED B Y THE CITY COU NCIL OF THE CITY OF
WHEAT RIDGE , COLORADO:
Section 1 . Section 16-156 of the Wheat Ri dge Code of Laws , concerning
interference with public officers when discharging their duties , Is hereby amended as follows :
Sec. 16 -156. Same-When i n d i s c harge of duties.
(a) It is unlawful for any person to use and/o r to threaten to use violence ,
force , or phys ica l interference, or any obstacle for the purpose of knowingly
obstructing , im pairing , hindering or attempt ing to prevent the investigation of
any incident , the enforcement of any penal code , or the preservation of the
pe ace by a police officer or a peace officer acting under color of AAi official
a uthority , and/or any canine utilized by any police officer in the discharge of
such authorized official law enforcement duties , or knowingly to obstruct,
impair, hinder or attempt to prevent the prevention , control or abatement of fire
by a fireman FIREFIGHTER acting under color of R+s official authority .
(b) It 1s ~::~nlavA~:~I fer any person te threaten •.•ielenoo, repr isal or any ether
if'l:i~::~rio~:~s act to any police officer, peace officer, fireman , city employee or
other p1:1blic oUlcial who is engaged in the performance or attempted
perform ance of his official d~:~ties , or to make s1::1ch a throat by reason of s~:~ch
officer's performance or attempted performance of his official dl:lties .
~ It is unlawful for a person knowingly to g ive false infonnation or a fa lse
name or a false address to a pol ic e officer or a peace officer acting under
color of official authority with the purpose of implicating another or with the
intent to hide one 's own real name, address or age .
(C e ) It is unlawfu l for a person WHO HAS BEEN STOPPED BY A
POLICE OFFICER OR PEACE OFF ICER ACTING UNDER COLOR OF
O FFIC IAL AUTHOR ITY , UPO N REASONABLE SUSP IC ION THAT TH E
PERSON IS COMMITTING , HAS COMMITTED OR IS ABOUT TO COMMIT
A CRIME , TO knowingly te refuse to reveal his correct name , address or date
of birth when requested to do so by SUCH a police officer or a peace officer
acting under color of official authority.
Section 2. Safety Clause. The City Counc il hereby finds, determines, and declares
that this Ordinance is promulgated under the general pol ice 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 conven ience
and welfare. T he City Council further detennines that the Ordinance bears a rational relation to
the proper legislative object sought to be attained .
Sect ion 3 . Severability ; Conflict i ng Ordi na nces 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 th is
Ordinance are hereby repealed
Section 4 . Effecti ve Date. Th is Ordinance shall take effect fifteen (15) days after final
publication , as provided by Section 5 .11 of the Charter
INTRODUCED, READ, AND ADOPTED on first reading by a vote of 8 to 0 on this gill
day of February, 2015, ordered published in full in a newspaper of general c irculat ion in the City
of Wheat Ri dge and Public Hearing and consideration on final passage set for February 23 ,
2015 , 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 23rd day of February ' 2015 .
SIGNED by the Mayor on this _2_3_r _d _ day of February 12015.
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ATTEST:
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First Publication. ruary 12, 2015
Second Publication : February 26, 2015
Wheat Ridge Transcript
Effective Date : March 13, 2015
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