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HomeMy WebLinkAboutOrdinance-1996-1019 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER Worth Council Bill No. 8 Ordinance No. 1019 Series of 1996 TITLE: AN ORDINANCE AMENDING CHAPTER 13 OF THE CODE OF LAWS PERTAINING TO PARKING ON CITY-OWNED PROPERTY WHEREAS, unauthorized and unlawful parking of motor vehicles on City-owned property presents a risk to the welfare and safety of the public by preventing the effective and efficient movement of motor vehicle and pedestrian traffic and may prevent or impede emergency response vehicles and personnel; and WHEREAS, the City of Wheat Ridge desires to enable the Public Works Director or the Director's designee to promulgate and enforce regulations governing the parking of motor vehicles on City-owned property and to permit the towing and storage of unlawfully parked motor vehicles subject to an adequate hearing opportunity following towing. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO, AS FOLLOWS: Section 1. New Section 13-51 of Laws is hereby enacted to be entitled Property" to read as follows: the Wheat Ridge Code of "Parking on City-owned Sec. 13-51 Parking on City-owned Property (a) The Public Works Director is authorized to promulgate regulations governing the parking of motor vehicles on City-owned property, and to provide for the enforcement of such regulations by towing and storing the motor vehicle at the expense of the registered owner of the vehicle or by imposing an administrative fine not to exceed $25 00 against the registered owner. Any regulations promulgated by the Public Works Director shall be ratified by resolution of the City Council. (b) If Director's vehicle as the Public Works Director designee elects to tow and provided by subsection (a) or the store a of this RCW\5~027\142219 1 1 Section, such towing and storage shall be undertaken in accordance with the procedures applicable to abandoned vehicles contained in subsection (b) (1) through and including (b) (4) of Section 13-44 of the Wheat Ridge Code of Laws. Any vehicle towed pursuant to subsection (a) of this Section and not claimed by the registered owner within thirty (30) days following such towing may be declared abandoned and treated in accordance with the provisions of this Chapter pertaining to abandoned vehicles. (c) A violation of any regulations promulgated in accordance with this Section or a failure of any registered owner to pay an administrative fine imposed pursuant to subsection (a) of this Section shall constitute a violation of this Section. (d) In lieu of the imposition of an administrative fine or towing as provided in subsection (a), or in the event of nonpayment of an administrative fine imposed pursuant to this Section, and at the discretion of the Public Works Director, the Public Works Director may file a complaint in the Municipal Court charging a violation of this Section. The Municipal Court shall have the jurisdiction to hear and decide all such complaints filed with the Municipal Court and, upon conviction of the defendant, may impose punishment as provided at Sections 1-5 and 1-6 of this Code. Section 2. 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 3. Severabilitv. If any clause, sentence, paragraph, or part of this Ordinance or Application thereof to any person or circumstances shall for any reason be judged by a court of competent jurisdiction invalid, such judgment shall not affect, impair or invalidate the remainder of this Ordinance or its application to other persons or circumstances. RCW\51027\14221Q 1 2 Section 4. Effect of Repeal or Modification. The repeal or modification of any provision of the Code of Laws of the City of Wheat Ridge by this ordinance shall not release, extinguish, alter, modify, or change in whole or in part any penalty, forfeiture, or liability, either civil or criminal, which shall have been incurred under such provision, and each provision shall be treated and held as still remaining in force for the purposes of sustaining any and all proper actions, suits, proceedings, and prosecutions for the enforcement of the penalty, forfeiture, or liability, as well as for the purpose of sustaining any judgment, decree, or order which can or may be rendered, entered, or made in such actions, suits, proceedings, or prosecutions. Section 5. This Ordinance shall take effect fifteen (15) days after final publication. INTRODUCED, READ, AND ADOPTED on first reading by a vote of 6 to 2 on this 22nd day of January ,1996, 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 February 26 , 1996, at 7: 00 0' 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 --L to -----.!L, this 26th day of February 1996 . SIGNED by the Mayor on this 27th day of February 1996 . ~~ ATTEST: DAN WILDE, MAYOR AS TO FORM BY CITY GERALD E. 1st Publication: February 1, 1996 2nd Publication: March 7, 1996 Wheat Ridge Sentinel Effective Date: March 22, 1996 RCW"Sln27' 142219 1 3