HomeMy WebLinkAboutOrdinance-1989-0794INTRODUCED BY COUNCILMEMBER MERKL
Ordinance No. 794
Series of 1989
TITLE: AN ORDINANCE ADOPTING AND ENACTING A REVISED CODE OF LAWS
OF THE CITY FOR THE WHEAT RIDGE, COLORADO; PROVIDING FOR
THE REPEAL OF CERTAIN ORDINANCES NOT INCLUDED THEREIN;
PROVIDING A PENALTY FOR THE VIOLATION THEREOF; PROVIDING
FOR THE MANNER OF AMENDING SUCH CODE; AND PROVIDING WHEN
SUCH CODE AND THIS ORDINANCE SHALL BECOME EFFECTIVE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE,
COLORADO, THAT:
Section 1. There is hereby adopted by the City Council City
of Wheat Ridge, Colorado, that certain "Code of Laws of the City
of Wheat Ridge, Colorado (1989)" published by Municipal Code
Corporation, Tallahassee, Florida consisting of Chapters 1 through
26 inclusive, together with Supplement 1 thereof. Upon adoption
of said "Code of Laws of the City of Wheat Ridge, Colorado (1989)",
the "Code of the City of Wheat Ridge, Colorado", originally
published in 1976 by the Michie Company, and subsequently
supplemented, is expressly superceded, subject to the provisions
of Sections 2 and 3 hereof.
Section 2. All ordinances of a general and permanent nature
enacted on or before September 26, 1988, and not included in the
Code of Laws hereby enacted or recognized and continued enforced
by reference therein, are repealed.
Section 3. The repeal provided for in Section 2 hereof shall
not be construed to revive any ordinance or part thereof that was
or has been repealed by subsequent ordinance that is repealed by
this ordinance.
Section 4. The following penalty provisions are included and
appear in the Code of Laws adopted hereby.
1-5. General Penalt
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 for a period not exceeding 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.
[Chapter 3. Adult Entertainment Facilities]
Sec. 3 -3. Maintaining a public nuisance; penalties
Any person who owns, operates, establishes or
carries on an adult entertainment facility in violation
of any of the provisions of section 3-4 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
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.
[Chapter 4. Animals]
Sec. 4-3. Violations and Penalties
Any person found to be in violation of the provision
of this chapter shall be guilty of an unlawful act, and
upon conviction shall be punishable by a fine of not less
than twenty-five dollars ($25.00) and not to exceed nine
hundred ninety-nine dollars ($999.00), or by imprisonment
not to exceed ninety (90) days, or by 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
chapter.
Sec. 4-31. Dog License
Any person violating, or owning, keeping, caring
for, or possessing a dog violating any of the provisions;
of this section shall be guilty of a misdemeanor and,
upon conviction thereof, shall be subject to a fine not
to exceed nine hundred ninety-nine dollars ($999.00).
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[Chapter 5. Buildings and Building Regulations]
Sec. 5-5. Violations deemed misdemeanors; penalties;
remedies.
(b) Any person violating any of the provisions of
this chapter 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. In addition,
in the event any building, structure or utility is
erected, constructed, reconstructed, altered, repaired,
converted, demolished, moved or 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 determination made hereunder.
[Chapter 6. Civil Disasters and Emergencies]
Sec. 6-22. Violations
Any person who shall willfully fail or refuse to
comply with the orders of duly authorized law enforcement
officers or personnel charged with the responsibility of
enforcing the proclamation of emergency authorized herein
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).
[Chapter 7. Elections]
[Article II. Code of Ethics]
Sec. 7-43. Penalty; affirmative defense
(c) The appropriate officer, after proper notification
by certified mail, shall impose an additional penalty of
not more than ten dollars ($10.00) per day for each day
that a statement or other information required to be
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filed by this article is not filed, and the date of
filing shall be the date of the postmark if the report
is mailed; except that the appropriate officer may excuse
such penalty for bona fide personal exigencies.
[Chapter 9. Health]
[Article II. Smoking in Public Places]
Sec. 9-23. Penalty for violation
Any person violating any provision of this article
shall be guilty of a misdemeanor, and, upon conviction
of such violation, shall be subject to a fine of not less
than twenty-five dollars ($25.00) nor more than five
hundred dollars ($500.00). Each day of a continuing
violation shall be deemed to be a separate violation and
shall be punishable as such.
[Chapter 11. Licenses, Permits and Miscellaneous
Business Regulations]
[Article II. Alcoholic Beverages]
Sec. 11-53. Issuance and enforcement of subpoenas
(d) Failure by any person without adequate excuse
to obey a subpoena served upon him may be found in
contempt of the liquor licensing authority. Such
contempt shall constitute a violation of this Code and
shall be punishable by a fine not to exceed nine hundred
ninety-nine dollars ($999.00), or by imprisonment for a
period not to exceed 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
subject to imprisonment for violation of this article.
[Article III. Amusement Arcades and Amusement Centers]
Any person violating any provisions of this article
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 many not be
suspended in whole or in any part, 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
to enforce this article as provided in section 11-123
hereof; provided, however, that no person under the age
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of eighteen (18) years shall be subject to imprisonment
for violation of any provisions of this article.
[Article VI. Guard Services and Security Agencies]
Sec. 11-162. Penalty
Any person who violates any provision of this
article or any rule or regulation adopted pursuant to
this article 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 (90)
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. Every day
of such violation shall constitute a separate offense.
[Chapter 13. Motor Vehicles and Traffic]
Sec. 13-2. Model traffic code
Sec. 11-4. Parking of major vehicles
(d) Enforcement. Notwithstanding any other
provision of this Model Traffic Code or of the Wheat
Ridge City Code, 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 the 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 dollars
($300.00) for the fourth or subsequent
offenses:
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Sec. 12-3. Parkina for persons with mobility handicaps
(e) It shall be unlawful for any motor vehicle
without distinguishing license plates or any identifying
placard obtained by a person with mobility handicap as
prescribed by law to be parked in a parking space
identified as being reserved for use by the handicapped.
Notwithstanding any other provision of the Model Traffic
Code, the penalty resulting from conviction of a
violation of this Section 12-3, or any subpart thereof,
shall be a fine of not less than fifty dollars ($50.00),
nor more than three hundred dollars ($300.00). In
enforcing this Section 12-3, the municipal court shall
not have the authority to suspend all or any part of any
fine for violation hereof so as to result in a fine of
less than fifty dollars ($50.00), it being the intent of
the city council of the City of Wheat Ridge that this
Section 12-3, the municipal court shall not have the
authority to suspend all or any part of any fine for
violation hereof so as to result in a fine of less than
fifty dollars ($50.00), it being the intent of the city
council of the City of Wheat Ridge that this Section
12-3 be strictly and diligently enforced so as to provide
adequate parking for persons with mobility handicaps free
from interference by those not so handicapped.
Sec. 13-3. Certificate of emission control required
(c) Any person who violates any provision of this
section is guilty of a misdemeanor and, upon conviction
thereof, shall be punished by a fine of not less than
twenty-five dollars ($25.00) or more than three hundred
dollars ($300.00).
Sec. 13-4. Incorrect registration of a motor vehicle
(c) Penalty; procedure for assessment. A person
who registers a motor vehicle in violation of the
provisions of C.R.S. section 42-6-137(2), shall be
subject to a five hundred dollar ($500.00) civil penalty
pursuant to the authority granted in C.R.S. § 42-6-
137(4). The procedure for the assessment of such civil
penalty shall be as follows:
(d) Violation and penalty. Any person violating
any of the provisions of this section shall be subject,
upon conviction of said violation, to a fine not to
exceed nine hundred ninety-nine dollars ($999.00). In
addition, nothing in this section shall be deemed to
preclude the collection of any tax or fee or penalties
or interest thereon provided by law, or the imposition
of any other civil or criminal penalty provided by law.
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Authority is specifically granted to the court to impose
both a criminal fine and a civil penalty for violation
of the provisions hereof.
[Article II. Vehicle Emission Control]
Sec. 13-22. Violation and penalty
Any person owning and/or operating a vehicle not in
compliance with the provisions of this article shall be
guilty of a misdemeanor and, upon conviction thereof,
shall be subject to a penalty not to exceed five hundred
dollars ($500.00). Separate incidents shall constitute
separate violations, which may be separately and
individually punished, except no such incident shall
constitute a separate violation if said subsequent
incident occurs within the time period described in
section 13-27 hereof. Authority is expressly provided
to the judge of the municipal court to reduce or to
suspend all or any part of fines in the event that a
person charged with the violation provides proof to the
court that the vehicle which emitted the pollutant
resulting in the violation has been repaired as provided
in section 13-27 hereof.
[Chapter 15. Nuisances]
Sec. 15-9. Violation, penalty
(a) Violation of the provisions of this chapter
shall be punishable by a fine of not more than nine
hundred ninety-nine dollars ($999.00), or by imprisonment
in the county jail for not more than one hundred eighty
(180) days, or by both fine and imprisonment unless
otherwise provided by statute; provided, however, that
no person under the age of eighteen (18) years shall be
subject to imprisonment for a violation of this chapter.
(b) All remedies set forth herein are cumulative,
and the exercise of one shall not be deemed to prevent
the exercise of another, nor to bar, nor negate, any
prosecution under other provisions of this Code or any
petition for injunction as provided by law.
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[Chapter 16. Offenses - Miscellaneous]
Sec. 16 -4. violations
(a) It is unlawful for any person to violate any
of the provisions of this chapter, and any such violation
shall be punished as is hereinafter provided.
(b) Every person who, at the time of commission of
the offense, was at least eighteen (18) years of age, and
who is subsequently convicted of or 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 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 lesser or substituted charge
shall subject the person so pleading to all fines and/or
penalties applicable to the original charge. Any
restitute 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.
(c) Every person who, at the time of commission of
the offense, was at least ten (10) but not yet eighteen
(18) years of age, and who is subsequently convicted of
[or] 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 of count. Any voluntary plea of guilty or nolo
contendere to the original charge or to a lesser or
substitute 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. Nothing in this section
shall be construed to prohibit incarceration in an
appropriate facility, at the time of charging, of a
juvenile violating any section of this chapter, or in
the event of issuance of a warrant resulting from a
violation of any section of this chapter.
(d) Authority is hereby expressly granted to the
judges of the municipal court to award, as restitution
to any victim of any action specified as unlawful in this
chapter, an amount equal to the actual damages suffered
by the victim, and to order any person found, or
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pleading, guilty to any such violation to pay such
restitute as ordered by the court. Such restitution
shall be determined by the submission of a bill of costs
by the victim to the court on a form approved by the
court, but the court shall be limited to awarding as such
restitution only actual costs incurred by the victim.
Authority is expressly granted to the court to order such
restitution for any and all costs incurred by the public
safety and/or emergency response agencies of the City of
Wheat Ridge or other governmental or quasi-governmental
entities in connection with the initial response to and
all subsequent follow-up investigation of violation in
the case of violation under section 16-151. Any
restitution ordered by the court shall be in addition to
any fine, and/or imprisonment authorized by this Code,
and shall likewise be applicable to any situation in
which deferred judgment or deferred sentence is accepted
and/or imposed by the court.
[Article VI. Offenses Against Public Decency]
Sec. 16-131. Possession of Marijuana
(b) It shall be unlawful to possess one (1) ounce
or less of marijuana, cannabis or cannabis concentrate,
and upon conviction thereof, or plea of guilty or no
contest thereto, punishment shall not be by imprisonment,
but shall be by a fine of not more than one hundred
dollars ($100.00).
(c) It shall be unlawful openly and publicly to
display or consume one (10) ounce or less of marijuana,
cannabis or cannabis concentrate, and upon conviction
thereof, or a plea of guilty or no contest thereto,
punishment shall be by a fine of one hundred dollars
($100.00), and by imprisonment not exceeding fifteen (15)
days.
[Article VIII. Minors]
Sec. 16-176. Furnishing Cigarettes to minors
(b) Penalty for violation. Any person violating
the provisions of subsection (a) shall be guilty of a
misdemeanor, and, upon 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 any part.
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[Chapter 17. Parks and Recreation]
Sec. 17-2. Violations and penalties
Any person found to be in violation of the provisions of
this chapter shall be guilty of an unlawful act, and upon
conviction shall be punishable by a fine of not less than
twenty-five dollars ($25.00) and not exceeding nine hundred
ninety-nine dollars ($999.00), or by imprisonment not
exceeding one hundred eighty (180) days, or by 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 chapter.
[Chapter 19. Police]
[Article VI. Police Alarm Systems]
Sec. 19-113. Penalty.
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 nine hundred ninety-nine dollars ($999.00), or
imprisonment for a period not to exceed 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 19-144
hereof shall be subject to having his license revoked,
following a hearing conducted before the city council at which
hearing due process will be afforded.
[Chapter 20. Solid Waste]
[Article II. Litter Control Generally]
Sec. 20-22. Violations and penalty
(a) Any person violating any provision of this article
of this Code shall be guilty of a misdemeanor and, upon
conviction, shall be subject to a fine pursuant to the
following schedule:
(1) Upon the first conviction for violation of this
article a fine of not less than fifty dollars
($50.00), plus court costs.
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(2) Upon the second conviction of a violation of this
article a fine of not less than one hundred dollars
($100.00), plus court costs.
(3) Upon the third conviction of a violation of this
article a fine of not less than two hundred dollars
($200.00), plus court costs.
(4) Upon the fourth conviction or any subsequent
conviction, a fine of not less than three hundred
dollars ($300.00) nor more than nine hundred ninety-
nine ($999.00), plus court costs.
(b) In levying and imposing fines upon conviction
of any of the sections specified herein, the court shall
have no authority to reduce or suspend all or any portion
of the fines specified herein, it being the expressed
intent of the city council that the fines specified
herein be strictly adhered to.
(c) In addition to any fines levied hereunder, the
court shall impose, as a portion of the costs assessed
against a convicted defendant, any costs incurred by the
city pursuant to section 20-26.
(d) As a portion of any judgment, fine or
assessment levied upon conviction of a violation this
article, of the court shall order that the violation
resulting in said conviction be abated within a time
established by the court, but in no event to exceed
forty-five (45) days from the date of conviction.
Failure to abate within the time so ordered shall
constitute contempt of court, and shall be punishable as
such.
(e) Each day during which any person commits, or
allows to remain unabated, any of the actions specified
as unlawful in this article shall constitute, and be
punishable as, a separate offense.
[Article III. Waterway Liter Control]
Sec. 20-43. Penalt
Any person violating any provisions of this article
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
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city to enforce the provisions of this article as
provided in this article.
[Chapter 22. Taxation]
[Article II. Sales and Use Tax]
Sec. 20-46. Additional remedies of City
(b) It shall be a violation of this article to
refuse to make any return provided to be made in this
article, or to make any false or fraudulent return, or
any false statement in any return, or to fail to refuse
to make timely payment to the city treasurer or his
authorized agent, of any taxes collected or due to the
city, or in any manner to evade the collection and timely
payment of the tax, or any part thereof, imposed by this
article, or for any person or purchaser to fail or refuse
to pay such tax or evade the timely payment of tax
imposed by this article.
(1) In his discretion the city treasurer may direct the
issuance of a complaint and summons to appear before
the municipal court to any person who may be in
violation of any of the provisions of this article
or the rules and regulations promulgated by the city
treasurer to enforce this article.
(2) Any person who violates any of the provisions of
this article shall be guilty of a misdemeanor and,
upon conviction of such violation, shall be subject
to a fine of not more than nine hundred ninety-nine
dollars ($999.00), or imprisonment not to exceed 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 such imprisonment; and provided
further, that issuance of a summons and complaint
by the city, and subsequent conviction of a
violation of this article in the municipal court,
shall not prohibit the court from requiring payment
of all taxes, penalties and interest found to be due
under this chapter in addition to any fine imposed
by the court. Each and every twenty-four hour
period of violation shall constitute a separate
violation of this article.
(3) Nothing contained herein shall preclude the
treasurer from instituting a legal or equitable
action in the county district court for the purposes
of enforcing the provisions of this article. In the
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event such an action is undertaken, the city shall
be entitled to recover its attorneys fees and costs
of litigation expended in such action as a portion
of the judgment rendered therein.
Section 5. Ordinances adopted by the City Council subsequent
to September 26, 1988, in such form as to indicate the intention
of the City to cause the same to become a part of the Code of Laws
shall be deemed to be incorporated into the Code of Laws so that
reference to the Code of Laws includes such additions and
amendments. All ordinances so adopted subsequent to the date of
adoption hereof shall be codified into the Code of Laws consistent
with and pursuant to the provisions of Section 1-10 of the Code of
Laws hereby adopted.
Section 6. Ordinances adopted after September 26, 1988
that amend or refer to ordinances that have been codified in the
Code of Laws, shall be construed as if they amend or refer to like
provisions of the Code of Laws.
Section 7. 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 8. 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 9. This ordinance shall become effective 1201 a.m.
on June 1, 1989.
INTRODUCED, READ, AND ADOPTED on first reading by a vote of
8 to 0 on this 24th day of April , 1989, in the
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 May 22, 1989 ,
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 6 to 0 this 22nd day of May ,
1989.
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SIGNED by the Mayor on this 23rdday of
1989.
ATTEST:
Wanda Sang, City Clerk
1st Publication: April 27, 1989
2nd Publication: May 25, 1989
Wheat Ridge Sentinel:
Effective Date: June 1, 1989
Dan Wilde, Mayor
APPROVED AS TO FORM BY
,,CITY ATTORNEY
OFFICE OF
Joh E. Hayes, Ci y-~#~ rney
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