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HomeMy WebLinkAboutOrdinance-1983-0543I14TRODUCED BY COUNCILMEMBER Merkl ORDINANCE NO. 543 Series of 1983 TITLE: AN ORDINANCE AMENDING PROVISIONS OF CHAPTER 15, PARKS AND RECREATION, OF THE CODE OF LAWS OF THE CITY OF WHEAT RIDGE RELATING TO RULES AND REGULATIONS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: WHEREAS, the staff of the Parks and Recreation Department of the City of Wheat Ridge and the Parks Commission of the City of Wheat Ridge have identified areas of the Wheat Ridge Code of Laws which require amendment, and have suggested appropriate amendments. WHEREAS, the City Council of the City of Wheat Ridge, after con- sidering the same at a study session and regular meeting, and having considered citizen comment thereon, concurs in the recommendation above stated; WHEREAS, the City Council of the City of Wheat Ridge, based upon the above stated factors, find that the proposed changes stated herein are necessary for the preservation of the health, safety, and welfare of the citizens of the City of Wheat Ridge and are designed to enhance the enforcement and enforceability of the rules and regulations applicable to parks within the City of Wheat Ridge. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE FINDS AS FOLLOWS: Section 1. Section 15-5(d), Animals, of the Code of Laws of the City of Wheat Ridge is hereby repealed and reenacted as follows: "(d) Animals. All animals must be under control by means of a -leash, cord, or chain not to exceed six feet in length." Section 2. The Code of Laws of the City of Wheat Ridge is hereby amended by the addition of the following Section 15-5(w), Vandalism, as follows: "(w) Vandalism. It is unlawful to remove, destroy, damage, or deface any park or open space property, or any structure, or any vegetation therein." Section 3. Section 15-6(a), Ice Skating, of the Code of Laws of the City of Wheat Ridge is hereby repealed and reenacted as follows: "(a) Ice Skating and Ice Fishing. No ice skating or ice fishing is permitted on any water body supervised by the department or included in any park or recreation facility unless the specific area to be used is so posted or public announcement has been made by the director allowing such activity. When such areas are open for use, they are subject to rules and regulations on program and safety as issued by the director." Section 4. The Code of Laws of the City of Wheat Ridge is hereby amended by the addition of the following Section 15-6(d), Prohibited to Go upon Ice: "(d) No person shall go upon any ice surface over a lake or body of water within a park within the City of Wheat Ridge on foot for any purpose whatsoever, unless the specific area has been posted by the director allowing such activity." PAGE TWO Section 5. Section 15-6(g) of the Code of Laws of the City of Wheat Ridge is hereby repealed. Section 6. Section 15-8, Water Area, of the Code of Laws of the City of Wheat Ridge is hereby repealed and reenacted as follows: "Sec. 15-8. Water Areas. (a) Fishing. Fishing shall be allowed from the shoreline excluding dock areas and boat launch areas. Fishing from boats is allowed except on Prospect Lake or except where posted as prohibited. Fishing shall be in accordance with state law. (b) Boating. (1) Use restricted. All non-motorized watercraft designed to be used as a means of transporta- tion on water, other than single-chambered air- inflated devices, shall be allowed on any waters in the park and recreation areas of the City of Wheat Ridge as outlined in this subsection (b). (2) Safety Inspections. It shall be unlawful for anyone to use any watercraft upon the waters of the park and recreation areas without a current, valid city safety inspection sticker. Safety inspections will be conducted and stickers may be obtained at the Prospect Park Rangers' office by appointment. (3) Safety Inspection Requirements. In order to obtain a safety inspection sticker from the Department of Parks and Recreation, the following requirements shall be met: a. The watercraft shall be non-motorized, propelled solely by means of oars and paddles or by the use of cloth sails. Any watercraft which has a motordriven means of propulsion shall be classified as motorized and will not be permitted upon the waters of the city. b. Any sailboat must be properly registered with the Colorado Division of Parks and Outdoor Recreation. C. All air-inflated devices including inflat- able canoes, kayaks, rafts, and belly boats must have a minimum of two separate and distinct chambers. Inner tubes, air mattresses, and other similar beach toys are not permitted at any time. d. The watercraft shall be in a sea-worthy condition, as defined and determined by the Department of Parks and Recreation. e. The watercraft shall have one personal floatation device of a type currently approved for use by the United States Coast Guard on board for each person occupying the craft. f. The watercraft shall have at least one oar or paddle which shall be carried on board when the craft is in use. (4) Boating Hours. Open boating shall be permitted from 7:00 a.m. until one-half hour past sunset. (5) Islands. No person shall dock any boat upon, physically go upon, or swim from any island in any lake within the city. PAGE THREE (6) Group Boating Activities. Any group activity, organized race, regatta, or any other type of organized boating activity shall be approved in advance in writing by the Director of Parks and Recreation or his designated representative. (7) Park Rangers. Park Rangers may order inexperi- enced operators from the water when, in the Park Rangers' judgment, such operators constitute a safety hazard to themselves or other operators. Park Rangers may also order from the water persons or crafts operating in a reckless or careless manner or in disregard of or in violation of any Department of Parks and Recreation rule or regu- lation. Park Rangers shall have the authority to close the lake because of inclement weather or any other unsafe condition. (c) Swimming. Swimming is allowed only as part of sched- uled and supervised recreational program sponsored by the department or authorized by department permit, or in connection with launching a boat when necessary. Swimming from a boat is expressly pro- hibited unless engaged in a legitimate rescue attempt." Section 7. Safety Clause. The City Council hereby finds, deter- mines, and declares that this ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is promul- gated 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 8. Severability. If any clause, sentence, paragraph, or part of this ordinance or the application thereof to any person or circumstances shall for any reason be adjudged by a court of competent jurisdiction invalid, such judgment shall not affect, application to other persons or circumstances. Section 9. This ordinance shall take effect 15 day(s) after final publication. INTRODUCED, READ, AND ADOPTED on first reading by a vote of 6 to 1 on this 27th day of June , 1983, 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 July 25, , 1983, at 7:30 p.m. at Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. READ, ADOPTED, AND ORDERED PUBLISHED on second and final reading by a vote of 7 to 1 this 25th day of July , 1983. SIGNED by the Mayor 26th day of July , 1983. ATTEST: rank Stites, Mayor ^ w / Y ~t M e 1....~' fS Wana Sang, ity C lst Publication June 30, 1983 2nd Publication July 28, 1983 (Wheat Ridge Sentinel) Effective Date: August 11, 1983 c APPROVED AS TO FORM BY OFFICE OF CITY ATTORNEY: John E. H yes-