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HomeMy WebLinkAboutOrdinance-1988-0761INTRODUCED BY COUNCILMEMBER KELLER Ordinance No. 761 Series of 1988 TITLE: AN ORDINANCE REPEALING AND REENACTING SECTIONS 14-67 AND 14-68 OF THE CODE OF LAWS OF WHEAT RIDGE AND, THEREBY, MAKING IT UNLAWFUL TO ATTEMPT TO VIOLATE THE CODE OF LAWS, TO AID ANOTHER IN AN ATTEMPT TO VIOLATE THE CODE OF LAWS, OR TO AID ANOTHER IN AN ACTUAL VIOLATION OF THE CODE OF LAWS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO, THAT: Section 1. Section 14-67 of the Code of Laws of the City of Wheat Ridge is hereby repealed and reenacted as follows: Sec. 14-67. Definitions. (a) Generally. The terms used in this chapter shall be as defined in chapter 18, Colorado Revised Statutes, 1973, as amended, or as used in their ordinary, usual and accepted sense and meaning. (b) Public Place. "Public place" shall be taken to include any place commonly or usually open to the general public or to which members of the general public may resort, or accessible to members of the general public. By way of illustration, such public places include, but are not limited to, public ways, streets, buildings, sidewalks, alleys, parking lots, shopping centers, shopping center malls, places of business usually open to the general public, and automobiles or other vehicles in or upon any such place or places; but shall not include the interior or enclosed yard area of private homes, residences, condominiums or apartments. Section 2. Section 2-68 of the Code of Laws of the City of Wheat Ridge is hereby repealed and reenacted as follows: Sec. 14-68. Attempts; Aiding, abetting or advising. (a) Attempts. It shall be unlawful for any person to engage knowingly in conduct constituting a substantial step toward the commission of an offense which would constitute a violation of any section of this chapter. A substantial step is any conduct, whether act, omission, or possession which is strongly corroborative of the firmness of the actor's purpose to complete the commission of the offense. (b) Aiding or advising. It shall be unlawful for any person knowingly to aid another in a commission of an offense which would constitute a violation of this chapter. A person who engages in conduct intending to aid another to commit an offense commits criminal attempt, if the person aids, abets, or advises the other person in planning or committing the offense, even if the other person is not guilty of committing or attempting the offense. Section 3. 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 4. 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 5. This ordinance shall become effective 15 day(s) after final publication. INTRODUCED, READ, AND ADOPTED on first reading by a vote of 8 to 0 on this 2nd day of May , 1988, 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 Monday, June 13 , 1988, 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 13th day of June 1988. 1988. SIGNED by the Mayor on this 14th day of June Dan Wilde, Mayor ATTEST: Wanda Sang, City Cle 2 APPROVED/AS TO FORM BY OFFICE QF CITY ATTORNEY r John. H es,t,!OL~ Attorney lst Publication: May 5, 1988 2nd Publication: June 16, 1988 Wheat Ridge Sentinel: Effective Date: July 1, 1988