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HomeMy WebLinkAboutOrdinance-1986-0687INTRODUCED BY COUNCILMEMBER Worth Ordinance No. 687VT-- Series of 1986 TITLE: AN ORDINANCE AMENDING SECTION 12-2, AMENDMENTS TO MODEL TRAFFIC CODE, OF THE CODE OF LAWS OF THE CITY OF WHEAT RIDGE, COLORADO, BY AMENDING SECTION 11-4, "PARKING OF MAJOR VEHICLES" AND BY REPEALING SECTION 11-5, "PARKING OF MAJOR VEHICLES WITHIN COMMERCIAL DISTRICTS WHEREIN A SPECIAL USE PERMIT HAS NOT BEEN GRANTED" OF SAID AMENDED MODEL TRAFFIC CODE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Section 12-2, Amendments to Model Traffic Code, is amended by repealing and reenacting Section 11-4(a) of said Model Traffic Code as follows: Article XI, "Stopping, Standing or Parking Regulations" is hereby amended by the addition of the following section 11-4, "Parking of Major Vehicles": (a) It shall be unlawful for any person to park or store, or allow the parking or storing of, a major vehicle upon any dedicated public street or road, or private street or road, or public right-of-way or easement or park within the City of Wheat Ridge, except as hereinafter specified. Section 2. Section 12-2, Amendments to Model traffic Code, is amended by repealing and reenacting Section 11-4(:d) of said Model Traffic Code as follows: (d) Enforcement. Notwithstanding any other provision of this Model Traffic Code or of the Code of Laws of the City of Wheat Ridge, any major vehicle as defined herein which is parked or stored in violation of the provisions of this section 11-4 shall be subject to being towed and stored, at the owner's sole expense, by a towing contractor selected by the chief of police of the City of Wheat Ridge. The towing of illegally parked vehicles is necessary to ensure traffic and pedestrian safety by removing the view impediment created by said illegally parked major vehicles. In addition to the right to tow said illegally parked major vehicles, authority is granted to impose administrative charges upon the owner or operator of said illegally parked vehicle, or the owner of property allowing or permitting such illegal parking, subject to the following requirements: (1) To defray the cost of enforcement of this provision, a charge of fifty dollars ($50.00) shall be imposed for the first offense, one hundred dollars ($100.00) for the second offense, two hundred dollars ($200.00) for the third offense, and three hundred ($300.00) for the fourth or subsequent offenses; (2) Any person subjected to said administrative charges who objects thereto shall be entitled to either: a. Have the right to request a hearing before the chief of police, which hearing shall be held no less than seventy-two (72) hours after the making of said request; or b. have a summons and complaint issued to him directing his appearance in the Wheat Ridge Municipal Court. If found guilty in the wheat Ridge Municipal Court of violating he provisions of this section 11-4, or if a guilty plea is entered thereto, the court shall impose fines as specified in section 11-4(d)(1) hereof. No vehicle shall be released from storage after towing unless and until all towing ad storage charges have been paid, and all administrative charges specified in section 11-4(d)(1) hereof have been paid, or evidence is presented from the chief of police or the municipal court that the rights granted under section 11-4(d)(2) hereof have been invoked. In the event any towing is found to be improper all costs for towing and storage shall be reimbursed by the city to the owner. Section 3. Section 12-2 of the Code of Laws of the City of Wheat Ridge is amended by repealing Section 11-5 of the Amendments to the Model Traffic Code. Section 4. 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 5. 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. 2 Section 6. This ordinance shall take effect one (1) day after final publication. INTRODUCED, READ, AND ADOPTED on first reading by a vote of ~_to_ on this 22nd day of September , 1986, 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 Oct. 13, 1986 , 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 fi~catober reading by a vote of 7 to this day of tl 1986. SIGNED by the Mayor on this 14th day of _October 1986. Frank Stites, Mayor ATTEST: Wanda Sang, Ci y'Cler i, 1st Publication: Oct. 2, 1986 APP 2nd Publication: Oct. 16 1986 OFF Wheat Ridge Sentinel: Effective Date: Oct. 17 1986 Joh 9' TO "M BY Cl~T ATTORNEY: 3