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HomeMy WebLinkAboutOrdinance 1592I CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER FITZGERALD Council Bill No. 02·2016 Ordinance No. 1592 Series of 2016 TITLE: AN ORDINANCE REPEALING AND REENACTING SECTION 16-1 06 OF THE WHEAT RIDGE CODE OF LAWS CONCERNING LOITERING WHEREAS, the C1ty of Wheat Ridge, Colorado (the "City•), is 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 Counctl (the "Council"), IS authorized to adopt rules and regulations prohibiting certain conduct and defimng general offenses that harm or pose a threat to the public health, safety or welfare; and WHEREAS, pursuant to such authority, the Council has previously defined and adopted certain general offenses, codified as Chapter 16 of the Wheat Ridge Code of Laws ("Code"), including a prohibition of loitering in or about school grounds, under certain circumstances, codified as Code Section 16-1 06; and WHEREAS, the Council finds that said Section 16-1 06 should be repealed and reenacted to reflect the current state of the law concerning loitenng NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Section 16-106 of the Wheat Ridge Code of Laws, concerning loitering, is hereby repealed and reenacted to read in its entirety as follows: Sec. 16-1 06. Loitering. (a) It is unlawful for any person, with mtent to interfere with or disrupt the school program or with intent to interfere w1th or endanger schoolchildren, loiters in a school building or on school grounds or within one hundred feet of school grounds when persons under the age of eighteen are present in the building or on the grounds, not having any reason or relationship involving custody of, or responsibility for, a pupil or any other specific, legitimate reason for being there, and having been asked to leave by a school administrator or his representative or by a peace officer. (b) It shall be an affirmative defense that the defendant's acts were lawful and he was exercising his rights of lawful assembly as a part of peaceful and orderly petition for the redress of grievances. either in the course of labor disputes or otherwise. (c) For purposes of this section, the word "loiter'' means to be dilatory, to stand idly around, to linger, delay, or wander about. or to remain, abide, or tarry in a public place. 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. 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 4. Effective Date. This 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 11 111 day of January, 2016, 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 January 25, 2016, 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 s to 0 , this 25th day of Janua ry , 2016. SIGNED by the Mayor on this 25 th day of __ J a_n_u_a_r_Y _____ , 2016. ATTEST: J First Publication: JanCo~._...'""~ Second Publication: January Wheat Ridge Transcript EffectiVe Date: February 12, 2016 2