HomeMy WebLinkAboutOrdinance-1971-0085 - Declaring Littering a Nuisance•
Introduced By Alderman Dana Bowling
ORDINANCE NO. 85
Series of 1971
TITLE: AN ORDINANCE RELATING TO AND REGULATING THE LITTERING OR
PLACEMENT OF ANY REFUSE, TRASH, GARBAGE OR JUNK IN THE WATERS OR
EMBANKMENTS , OF ANY RIVEEI
DITCH STREAM, OR WATER CREEK, COURSE GULCH, WITHIN THOENDITRESOFR-
VOIIRWHEAT RIDGE AND DECLARING SAID LITTERING OR PLACEMENT A NUISANCE
AND PROVIDING PENALTIES FOR VIOLATION THEREOF.
BE IT ORDAINED BY THE CITY COUNCIL.OF THE CITY OF WHEAT RIDGE,
COLORADO, THAT:
Section 1. PURPOSE: This ordinance is enacted for the
purpose of promoting the health, safety and welfare of the citizens
of Wheat Ridge by prohibiting littering an public and private
property in the vicinity of any and all water courses and canals
and embankments and water storage areas, either natural or man-
made throughout the City of Wheat Ridge and declaring the same to
be a nuisance.
Section 2. LITTERING PROHIBITED: It shall be unlawful
for any person, firm or corporation to litter or place upon any
area designated in this Ordinance as a water course ❑r water
storage area. For the purpose of this Ordinance, litter shall
mean all rubbish, waste material, refuse, garbage, junk, trash,
debris, and offal composed of animal or vegetable substance, or
both, of any dead animal, excrement, sewerage, rocks or dirt, or
any noxious foreign substance, solid or liquid, of every form,
size, kind, and description, except snow and ice removed from
public or private property. This section is not intended to pro-
hibit the grazing of animals or the spreading of manure for agri-
cultural purposes.
Section 3. DEFINITIONS OF WATER COURSE OR WATER STORAGE
AREA REGULATED BY THIS ORDINANCE.°
The following shall be.defined as water courses or water
storage areas:
A. Streams, which shall mean all rivers, water courses,
creeks and canals flowing in or-through the City of Wheat Ridge,
including but not limited to Clear Creek and Rocky Mountain Canal,
as such creeks and canals are defined in the Official Maps of the
City Engineer.
B. Stream embankments; which shall mean all publicly and
privately owned land included within one hundred fifty (150) feet
of the center line of Clear Creek, as defined in the Official Maps
and Plats maintained by the City Engineer; and publicly and priv-
ately owned land included within fifty (50) feet of the center
line of all creeks, canals, and water courses as defined in the
Official Maps and Plats maintained by the City Engineer.
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C. Water courses; which shall include all ditches,
lateralsand gullies within the City of Wheat Ridge as defined
in the Official Maps and Plats maintained by the City Engineer,
and including but not limited to Lena Gulch, Reno Ditch, Swadley
Ditch, Slough Ditch, and North Henry Lee Lateral.
D. Lakes, reservoirs, and ponds; which shall mean any
place where water is collected and/or stored irrsgardless of
whether water is currently being collected and/or stored there or not.
E. Embankments of lakes, reservoirs, and ponds; which
shall mean all land fifty (50) feat from the base of the bank,
dam, dike, fill or natural barriers as defined in the Official
Maps and Plats maintained by the City Engineer.
Section 4. EXCEPTIONS: Such property as designated _
by the City Council of the'City of Wheat Ridge or any of its
departments for the disposal of litter or receptacles or con-
tainers installed for such purpose.
Section 5. VEHICULAR LITTER: Whenever litter is thrown,
deposited, dropped, or dumped from any motor-vehicle in violation
of this Ordinance, the operator of said motor vehicle shall be
presumed to have caused-or permitted such litter to have been so
thrown, deposited, dropped, or dumped therefrom.
Section 6. VIOLATION AND PENALTY: Any person, firm or
corporation violating this Ordinance shall be guilty of a misdemeanor,
and upon conviction thereof, shall be fined not more then three
hundred dollars ($300.00) or imprisoned not more than ninety (90)
days or both. The continuation of a conditionprohibited by this
Ordinance for each twenty-four (24) hour period may be held and
deemed to be and constitute a_separate offense.
Section 7. SHORT TITLE: This Ordinance may be known and
cited as Section I. of the Wheat Ridge Environmental Control Ordinance.
Section 8. EFFECTIVE DATE: This Ordinance shalltake
effect and be in force thirty (30) days after publication following
final passage.
INTRODUCED, READ, ADOPTED AND ORDERED PUBLISHED AND POSTED
on first-reading by.a_vote of 6 to- 0 this 29th. day of
April , A. D., 1971. -
READ, ADOPTED AND ORDERED PUBLISHED AND POSTED ON second_
and final reading by a vote of to O this o~ Q e-1,
day of ~JGz~r -A. D., 1971.
y Al t E. Anderson, Mayo
ATTEST:
Louise F Turner, City Clerk
a
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CERTIFICATE OF POSTING-
We, Louise F. Turner and Helen Elise McMillen hereby
certify that Ordinance No. _85_ was duly posted by us
following first reading on the 7th day of May
1971, at the following locations within the City of Wheat
Ridge:
Wheat Ridge PostOffice
Wheat Ridge Branch Library
Westridge Sanitation District Office
Columbia Heights School
Prospect Valley -Fire Department
Wheat Ridge City Office
Wheat Ridge Council Chambers
We, Louise F. Turner and Helen Elise McMillen hereby
certify that Ordinance No. 85 was duly posted by us
following second reading an the 11th _day of June
1971, at the following locations within the City of Wheat
Ridge listed above.
Guise F. Turner
City Clerk
v k Y .'TI
elen Elise McMillen
Deputy City Clerk