HomeMy WebLinkAboutOrdinance 1705
CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER NOSLER BECK COUNCIL BILL NO. 25
ORDINANCE NO. 1705 Series 2020
TITLE: AN ORDINANCE ADOPTING SECTION 16-47 OF THE WHEAT RIDGE CODE OF LAWS CONCERNING UNLAWFUL REMOVAL OR DEFACING OF NOTICES ON PUBLIC
PROPERTY AND ESTABLISHING PENALTIES FOR VIOLATION OF THE SAME
WHEREAS, the City of Wheat Ridge is a home rule municipality having all powers conferred by Article XX of the Colorado Constitution; and
WHEREAS, pursuant to its home rule authority and C.R.S. § 31-23-101, the City,
acting through its City Council (the “Council”), is authorized to adopt ordinances for the protection of the public health, safety or welfare; and
WHEREAS, the Council finds that the City has an interest in ensuring that a notice posted on or upon public property in the course of implementing a City ordinance, policy, rule, procedure, or order remain legible and in place; and
WHEREAS, the City Council has determined that it is in the best interests of the health, safety, and welfare of the public that such a notice be maintained and preserved to ensure that any individual who may be affected by a City action or activity receive proper notice of that action or activity.
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WHEAT RIDGE, COLORADO:
Section 1. Section 16-47, Unlawful to Remove Notice, is hereby enacted within Chapter 16 of the Wheat Ridge Code of Laws, to read as follows:
Sec. 16-47. - Unlawful to Remove Notice.
(a) Legislative declaration. The Wheat Ridge City Council finds that the City
has a compelling interest in ensuring that members of the public receive
proper notice of City actions or activities on or related to public property within its jurisdiction. The City Council also finds that in order to ensure members of the public are properly notified of these actions or activities, the City or an authorized third party must sometimes post a notice or
notices relating to the impending action or activity on or upon a particular
property. In order to balance the rights of all citizens, and especially to protect the rights of individuals who may be affected by the impending action or activity, it is essential that these notices be legible and they remain in place.
(b) Definitions. The following words, terms, and phrases, when used in this
section, shall have the meaning ascribed to them in this subsection,
except where the context clearly indicates a different meaning:
City employee means an employee of the City of Wheat Ridge or a contractor designated by the City to carry out duties associated with or
relating to a City ordinance, policy, rule, procedure, or order.
Notice means a sign or placard conveying information that is placed or posted on or upon public property within the jurisdiction of the City by a City employee while carrying out duties associated with or relating to a City ordinance or policy, or a rule, procedure, or order of a City board,
commission, or council.
Tamper means to alter, damage, deface, destroy, move, or render illegible a notice.
(c)Unlawful act. It shall be unlawful for any person to remove, tamperwith or deface a notice.
Exception: A City employee carrying out duties associated with or relating
to a City ordinance or policy, or a rule, procedure, or order of a City board,commission, or council may move, remove, or destroy a notice.
(d)Strict liability. A violation of this section is entirely strict liability in nature.No culpable mental state or mens rea of any type or degree shall be
required to prove a violation of this section.
(e)Penalty. Any violation of this section shall be punished by a fine orimprisonment not to exceed the limits established in section 1-5 of thisCode.
Section 2. 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 3. 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 14th day of December, 2020, 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, 2021 at 7:00 p.m., as a virtual meeting and that it take
effect 15 days after final publication.
READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of 8 to 0, this 25th day of January, 2021.
SIGNED by the Mayor on this 25th day of January, 2021
_________________________ Bud Starker, Mayor
ATTEST:
________________________ Steve Kirkpatrick, City Clerk
Approved as to Form
________________________________ Gerald Dahl, City Attorney
1st publication: December 17, 2020 2nd publication: January 28, 2021 Jeffco Transcript Effective Date: February 12, 2021
Published: Jeffco Transcript and www.ci.wheatridge.co.us