HomeMy WebLinkAboutOrdinance-1986-0676INTRODUCED BY COUNCILMEMBER JOHNSON
ORDINANCE NO. 676
Series of 1986
TITLE: AN ORDINANCE REPEALING AND REENACTING SECTIONS 1-6,
2-14.5, 2A-5, 3A-13, 5-29, 9-1, 9A-15, 11-11, 12-5, 13-8,
14-69(b), 18-58, AND SECTION 32 OF APPENDIX A OF THE CODE
OF LAWS OF THE CITY OF WHEAT RIDGE, ALL SUCH SECTIONS
RELATING TO PENALTIES, BY EXTENDING THE MAXIMUM POSSIBLE
PERIOD OF IMPRISONMENT FROM NINETY (90) DAYS TO ONE
HUNDRED EIGHTY(180) DAYS.
WHEREAS, the State of Colorado has adopted House Bill No.
1224, which empowers municipal courts to impose alternative
sentences, including probation, for a maximum period not to
exceed twice the maximum period of incarceration provided for the
offense, and further allowing a maximum of one (1) year probation
to be imposed by municipal judges;
WHEREAS, the City of Wheat Ridge, after recommendation from
the municipal court and the probation department thereof,
believes that some violators of municipal ordinances will benefit
from probation of a duration not to exceed one (1) year;
WHEREAS, in order to take advantage of said opportunities
for probation, it is required that the City extend the maximum
time period of incarceration for violation of any of the terms
and provisions of the Code of Laws of the city of wheat Ridge
hereinafter amended from the present time period of ninety (90)
days to one hundred eighty (180) days.
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WHEAT RIDGE, COLORADO AS FOLLOWS:
Section 1. Section 1-6 of the Code of Laws of City of Wheat
Ridge is hereby repealed and reenacted as follows:
Whenever in this Code or any other ordinance of the city
or any section or an order, rule or regulation promulgated under
the provisions of this Code or other ordinance of the city any
act is prohibited, made or declared to be unlawful, an offense,
nuisance or misdemeanor, where no specific penalty is provided
therefor, any person who shall be convicted of the violation of
any such provision of this Code or other ordinance of the city or
of such orders, rules or regulations shall be punished by a fine
of not more than nine hundred ninety-nine dollars ($999.00), or
by imprisonment in jail not exceeding ninety f99+ ONE HUNDRED
EIGHTY (180) days, or by both fine and imprisonment; provided
however, that no person under the age of eighteen (18) years
shall be subjected to imprisonment for violation of any provision
of this Code of Laws.
Section 2. Section 2-14.5 of the Code of Laws of the City
of Wheat Ridge is hereby repealed and reenacted as follows:
Any person violating any of the provisions of sections
2-14.1 through 2-14.4 shall be guilty of a misdemeanor and, upon
conviction thereof, shall be subject to a fine not to exceed nine
hundred ninety-nine ($999.00), imprisonment for a term not to
exceed ninety {99} ONE HUNDRED EIGHTY (180) days, or both
such fine and imprisonment; provided, however, that no person
under the age of eighteen (18) years shall be subjected to
imprisonment for violation of any provision of this Code of Laws.
Section 3. Section 2A-5 of the Code of Laws of the City of
Wheat Ridge is hereby repealed and reenacted as follows:
Any person, firm, corporation, partnership or entity
which owns, operates, establishes or carries on an adult
entertainment facility in violation of any of the provisions of
section 2A-3 of this chapter is guilty of maintaining a public
nuisance and, upon conviction thereof, shall be subject to a fine
no less than one hundred dollars ($100.00) nor more than nine
hundred ninety-nine dollars ($999.00), imprisonment not to exceed
thirty f39+ ONE HUNDRED EIGHTY (180) days, or both such fine
and imprisonment. Additionally, any business operated in
violation of this chapter may be closed by injunction as a public
nuisance.
Section 4. Section 3A-13 of the Code of Laws of the City of
Wheat Ridge is hereby repealed and reenacted as follows:
Any individual, association, partnership, corporation or
any other entity violating any provisions hereof shall be guilty
of a misdemeanor and, upon conviction of such violation, shall be
subject to a fine of not less than fifty dollars ($50.00) nor
more than nine hundred ninety-nine dollars ($999.00), which fine
may not be suspended in whole or in any part, or imprisonment not
to exceed ninety 499+ ONE HUNDRED EIGHTY (180) days, or both
such fine and imprisonment. Nothing contained in this section,
however, shall impair the ability of the City of Wheat Ridge to
enforce this chapter as provided in section 3A-12 hereof;
provided, however, that no person under the age of eighteen (18)
years shall be subjected to imprisonment for violation of any
provision of this Code of Laws.
Section 5. Section 5-29 of the Code of Laws of the City of
Wheat Ridge is hereby repealed and reenacted as follows:
ANY PERSON, INDIVIDUAL, ASSOCIATION, PARTNERSHIP,
CORPORATION OR ANY OTHER ENTITY VIOLATING ANY OF THE PROVISIONS
OF THIS CHAPTER 5 SHALL BE GUILTY OF A MISDEMEANOR, AND, UPON
CONVICTION OF SUCH VIOLATION, SHALL BE SUBJECT TO A FINE NOT TO
EXCEED NINE HUNDRED AND NINETY-NINE DOLLARS ($999.00), OR
IMPRISONMENT NOT TO EXCEED ONE HUNDRED EIGHTY (180) DAYS, OR BOTH
SUCH FINE AND IMPRISONMENT. IN ADDITION, in the event any
building, structure or utility is erected, constructed,
reconstructed, altered, repaired, converted, demolished, moved or
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maintained, or any building, structure or utility is used, in
violation of this chapter, the city or any proper person may
institute any appropriate action or proceedings to prevent such
unlawful erection, construction, reconstruction, alteration,
repair, conversion, maintenance or occupancy, to restrain,
correct or abate such violation, or to prevent the occupancy of
such building, structure or land. The imposition of any penalty
hereunder shall not preclude the city or any proper person from
instituting any appropriate action or proceeding to require
compliance with the provisions of this chapter and with
administrative orders and determinations made hereunder.
Section 6. Section 9-1 of the Code of Laws of the City of
Wheat Ridge is hereby repealed and reenacted as follows:
Any persen; firm er eerpera€ien violating any previsien
e€ this ehapter shall be guilty e€ a ~isde~eane- ANY
INDIVIDUAL, ASSOCIATION, PARTNERSHIP, CORPORATION OR ANY OTHER
ENTITY VIOLATING ANY PROVISIONS HEREOF SHALL BE GUILTY OF A
MISDEMEANOR AND, UPON CONVICTION OF SUCH VIOLATION, SHALL BE
SUBJECT TO A FINE NOT TO EXCEED NINE HUNDRED NINETY-NINE DOLLARS
($999.00), OR IMPRISONMENT NOT TO EXCEED ONE HUNDRED EIGHTY (180)
DAYS, OR BOTH SUCH FINE AND IMPRISONMENT. NOTHING CONTAINED IN
THIS SECTION, HOWEVER, SHALL IMPAIR THE ABILITY OF THE CITY OF
WHEAT RIDGE TO ENFORCE THE PROVISIONS OF THIS CHAPTER AS PROVIDED
IN SECTIONS 9-6.1, 9-6.2, 9-6.3, 9-9, 9-10, AND 9-11 HEREOF.
Section 7. Section 9A-15 of the Code of Laws of the City of
Wheat Ridge is hereby repealed and reenacted as follows:
Any person who violates any provision of this chapter
shall be guilty of a misdemeanor, and upon conviction thereof,
shall be punished by a fine not exceeding nine hundred
ninety-nine dollars ($999.00), or by imprisonment for a period
not exceeding ninety 4961 ONE HUNDRED EIGHTY (180) days;
provided, however, that no person under the age of eighteen (18)
years shall be subjected to imprisonment for violation of any
provision of this Code of laws. Every day of such violation
shall constitute a separate offense.
Section 8. Section 11-11 of the Code of Laws of the City of
Wheat Ridge is hereby repealed and reenacted as follows:
ANY INDIVIDUAL, ASSOCIATION, PARTNERSHIP, CORPORATION OR
ANY OTHER ENTITY VIOLATING ANY PROVISION HEREOF SHALL BE GUILTY
OF A MISDEMEANOR ANY, UPON CONVICTION OF SUCH VIOLATION, SHALL BE
SUBJECT TO A FINE NOT MORE THAN NINE HUNDRED NINETY-NINE DOLLARS
($999.00), OR BY IMPRISONMENT NOT TO EXCEED ONE HUNDRED EIGHTY
(180) DAYS, OR BOTH SUCH FINE AND IMPRISONMENT. IN ADDITION, THE
CITY SHALL BE SPECIFICALLY EMPOWERED TO COMPEL COMPLIANCE WITH
THE PROVISIONS OF THIS CHAPTER 11 BY INJUNCTIVE RELIEF, AND ALL
COSTS, FEES, AND EXPENSES, INCLUDING REASONABLE ATTORNEYS FEES,
INCURRED BY THE CITY IN ENFORCEMENT OF THIS PROVISION SHALL BE
RECOVERABLE BY THE CITY AS A PORTION OF THE RELIEF GRANTED. In
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addition to the revaeat}en or suspension of the privilege of
inspeetlen serviees as provided in this ehapter; any person; firm
or eerporatien who shall violate any provisions of- this ehapter
or any rule or regulation promulgated under authority of this
ehapter shall be guilty of a m}sdefeaner-
Section 9. Section 12-5 of the Code of Laws of the City of
Wheat Ridge is hereby repealed and reenacted as follows:
ANY PERSON CONVICTED OF A VIOLATION OF ANY OF THE
PROVISIONS OF THIS CHAPTER 12 SHALL BE SUBJECT TO THE PENALTIES
AS SPECIFIED IN SECTION 1-6 OF THIS CODE OF LAWS. It is
unlawful Ear any person to violate any of the provisions stated
or adapted in seetlons 12-1 through 12-4.-
Section 10. Section 13-8 of the Code of Laws of the City of
Wheat Ridge is hereby repealed and reenacted as follows:
Any person who violates any provision of this chapter
shall be deemed guilty of a misdemeanor and, upon conviction
thereof, shall be subject to a fine not to exceed nine hundred
ninety-nine dollars ($999.00), imprisonment for a term not to
exceed ninety 1991 ONE HUNDRED EIGHTY (180) days, or both
such fine and imprisonment; provided, however, that no person
under the age of eighteen (18) years shall be subjected to
imprisonment for violation of any provision of this Code of Laws.
Section 11. Section 14-69(b) of the Code of Laws of the
City of Wheat Ridge is hereby repealed and reenacted as follows:
(b) Every person who, at the time commission of the
offense, was at least eighteen (18) years of age, and who is
subsequently convicted of, pleads guilty or nolo contendere to, a
violation of any provision of this chapter, shall be punished by
a fine of not less than twenty-five dollars ($25.00) but not
exceeding nine hundred ninety-nine dollars ($999.00) per
violation or count, or by imprisonment not exceeding ninety
{99} ONE HUNDRED EIGHTY (180) days, or by both such fine
and imprisonment. Any voluntary plea of guilty or nolo
contendere to the original charge or to a less or substituted
charge shall subject the person so pleading to all fines and/or
penalties applicable to the original charge. Any restitution
ordered by the court shall be in addition to any such fine or
imprisonment; provided, however, that nothing contained herein
shall empower the court to subject any person under the age of
eighteen (18) to any imprisonment as a portion of a penalty for
violation of any provision of this chapter.
Section 12. Section 18-58 of the Code of Laws of the City
of Wheat Ridge is hereby repealed and reenacted as follows:
Unless another penalty is provided for herein, upon
conviction of any action or omission declared to be unlawful by
this article, a person shall be subject to a fine not to exceed
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nine hundred ninety-nine dollars ($999.00), or imprisonment for a
period not to exceed ninety {9e} ONE HUNDRED EIGHTY (180)
days, or by both such fine and imprisonment. In addition, any
alarm provider who fails or refuses to comply with the rules and
regulations authorized by section 18-57 hereof shall be subject
to having his license revoked, following a hearing conducted
before the Wheat Ridge City Council at which hearing due process
will be afforded.
Section 13. Section 32 of the Code of Laws of the City of
Wheat Ridge is hereby repealed and reenacted as follows:
Any person, firm or corporation, partnership, or other
entity of whatever description violating any regulation or
provision of this Appendix A shall be deemed guilty of a
misdemeanor and, upon conviction thereof,s hall be subjected to a
fine not to exceed nine hundred ninety-nine dollars ($999.00) or
imprisonment not more than ninety 499+ ONE HUNDRED EIGHTY
(180) days, or both; provided, however, that no person under the
age of eighteen (18) years shall be subjected to imprisonment as
a portion of any such penalty. Each and every day during which
the violation of any provision of this Appendix A continues shall
be deemed a separate offense. In the case of a violation of any
provision of this Appendix A. the city council, the mayor, the
city administrator, the city attorney or any owner of real estate
in the zoned area may institute an action seeking injunctive or
mandatory relief, and, in the event the city prevails in said
injunctive action, the party so enjoined shall be required to
reimburse to the city all costs, expenses, and reasonable
attorney's fees incurred by the city in prosecution of said
action.
Section 14. 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 15. 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 16. This ordinance shall take effect one (1) day
after final publication.
INTRODUCED, READ, AND ADOPTED on first reading by a vote of
_7 to 0 on this 23rd day of June , 1986,
ordered published in full in a newspaper of general circulation
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in the City of Wheat Ridge and Public Hearing and consideration
on final passage set for MondaX, r„~y 28 , 1986, at
7:30 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 28th day of July
1986.
1986.
Frank Stites, Mayor
ATTEST:
Y
li C..G, rv
Wanda Sang, City C rk
1st Publication: 6/26/86
2nd Publication: 7/31/86
Wheat Ridge Sentinel:
Effective Date: 8/2/86
SIGNED by the Mayor on this 29th day of July ,
APPROVED AS,T-0 FORM BY
OFFICE4° CITY ATTORNAY:
John F. Hayes
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