HomeMy WebLinkAboutOrdinance-1998-1120
CITY OF WHEAT RIDGE, COLORADO
INTRODUCED BY COUNCIL MEMBER DiTullio
Council Bill No. 17
Ordinance No. 1120
Series of 1998
TITLE,
AN ORDINANCE AMENDING THE WHEAT RIDGE
CODE OF LA WS TO PROVIDE FOR INCREASED
PENALTY LIMITS FOR VIOLATIONS OF CITY OF
WHEA T RIDGE ORDINANCES OR ANY ORDER, RULE
OR REGULATION PROMULGATED PURSUANT TO
ANY CITY OF WHEAT RIDGE ORDINANCE AND
AMENDING PENALTY PROVISIONS OF THE WHEAT
RIDGE CODE OF LAWS TO PROVIDE PENALTIES
THA T CONFORM THEREWITH
WHEREAS, pursuant to C R,S, ~ 13-10-113(1), any person convicted of violating a
municipal ordinance in a municipal court of record may be incarcerated for up to one year or
fined up to $1,000 00 or both; and
WHEREAS, Section 1-5 of the Wheat Ridge City Code of Laws, as well as numerous
individual penalty sections, currently provide for penalties that are less than those penalties
permitted by C.R,S ~ 13~ 10~ 113(1); and
WHEREAS, the Wheat Ridge City Council desires to provide the maximum penalty
range available for violations of City of Wheat Ridge ordinances and any order, rule, or
regulation promulgated pursuant to any City of Wheat Ridge ordinance unless the Wheat Ridge
City Council has specifically provided otherwise in that ordinance;
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE,
COLORADO AS FOLLOWS:
Section 1. Section 1 ~5 of the Wheat Ridge City Code of Laws is hereby amended to read as
follows:
Sec. 1-5, General Penalty.
UNLESS OTHERWISE SPECIFICALLY PROVIDED,
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
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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 RiRe hHRdred RiRety Rille dollars ($999,00) ONE
THOUSAND DOLLARS ($1,000.00), or by imprisonment for a
period not exceeding one hundred eighty (180) days ONE YEAR,
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.
Section 2. Conformine: Chane:es: Fine and Imprisonment. The following sections of the
Code of Laws are hereby amended by deleting the current maximum fine and imprisonment
penalties appearing therein and inserting the following: "NOT MORE THAN ONE
THOUSAND DOLLARS ($1,000), OR BY IMPRISONMENT FOR A PERIOD NOT
EXCEEDING ONE YEAR, OR BOTH SUCH FINE AND IMPRISONMENT. , .'"
*
Section 3~3,
Adult entertainment facilities
*
Section 11 ~ 102:
Amusement Arcades or centers
Section 3. Conformine: Chanl:es: Fine.
The following sections of the Code of Laws are hereby amended by deleting the current
maximum penalty and inserting the following: "NOT MORE THAN ONE THOUSAND
DOLLARS ($1,000)
*
Section 4-31(b):
Failure to obtain dog/cat license
*
Section 5-5(5):
Disobedience to or interference with any
injunction, etc., pertaining to abatement
*
Section 6-22:
Failure to comply with lawful order (civil disasters
and emergencies)
*
Section 9-23:
Smoking in public places
*
Section 9-43:
Solid fuel burning devices
*
Section 16~4( c) :
Miscellaneous offenses for juveniles
*
Section 20-22(a)(4), Litter violations (for fourth
and subsequent offenses)
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Section 4. Section 4~3 of the Code of Laws is amended to read,
Sec. 4-3. Violations and penalties.
(a) 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 ONE THOUSAND DOLLARS ($1,00000) ffiHe
hundred ninety nifle dollars ($990,00), or by imprisonment not to
exceed ONE YEAR 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.
(b) 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 PLEADING
GUILTY TO ANY SUCH VIOLATION, TO PAY ANY SUCH
RESTITUTION 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 IN A WARDING 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 PUBLIC SAFETY AND/OR
EMERGENCY RESPONSE AGENCIES OF THE CITY OR
OTHER GOVERNMENTAL OR QUASI~GOVERNMENTAL
ENTITIES IN CONNECTION WITH THE INITIAL RESPONSE
TO AND ALL SUBSEQUENT FOLLOWUP INVESTIGATION
OF VIOLATION 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
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Section S. Section 7~7 of the Code of Laws is amended to read,
Sec,7-7. Violations; penalty.
Any person, political committee or entity violating any of the provisions
of this chapter shall be guilty of misdemeanor and upon conviction
thereof shall be subject to the penalties set forth in section 1-5 of THIS
Code of Laws a fiee of Ret more thaR RiRe ImRered RiRety Riee dollars
($999,00) or by imprisonmeRt for a fJeriod do Rot eKeeediRg ORe huedred
eighty (180) days or both slieh fiRe aRd ilHflrisonmem:; fJrevided,
hov/ever, that RO fJerseR liHder the age of eighteeR (18) years shall be
sab-jected to imprisonmem: for sl:Ieh violatioR,
Section 6, Section 11-53(d) of the Code of Laws is amended to read:
(d) Failure of 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
UPON CONVICTION THEREOF SHALL BE SUBJECT TO THE
PENALTIES SET FORTH IN SECTION 1-5 OF THIS CODE shall be
pHRishable by a fiRe Rot to e)lceed RiRe hunclred Riaety RiRe dollars
($999,00), or by ilHflrisoHffl.eRt for a f'leriocl Ret to e)weea ORe hl:lRdred
eighty (180) days, or Both sl:leh fiRe aRd imprisonmeet; f'lrovided,
Rov/ever, that RO persoR l:IRder the age of eighteeR (18) years shall Be
subject to imf'lrisoHffl.eRt for violatioR of this article.
Section 7. Section 11-162 of the Code of Laws is amended to read:
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 AS SET
FORTH IN SECTION 1-5 OF THIS CODE by a fiRe ROt te eKeeed Riee
RHRdrea Rieety RiRe dollars ($999,00), or by imprisonmcm: for a period
Hot eJleeediHg ORe Itl:Indred RiRety (90) days; prO'/ided, howeyer, that eo
person l:IRder the age of eighteeR (18) years shall be sl:Ibjeet to
imprisoFllllem: for violation of this Code. Eyery day of sl:lch violation
shall eORstitl:lte a sefJarate offeRse,
Section 8. Section 13-2(b)(12) of the Code of Laws is amended to read as follows.
The amendment to Section 1701(2), (a) and (b) of the Model Traffic Code, appearing
on page 854 of Supplement No 17 of the Code of Laws is amended to read:
"(2) The following violations constitute criminal traffic offenses:
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"(a) a violation of section 1101 involving driving twem:y (20) TWENTY
FIVE (25) or more miles in excess of the lawful speed limit.
"(b) a violation of section 1101(8)(a) driving tv/eRty (20) TWENTY
FIVE (25) or more miles in excess of the speed limit on any interstate
highway, ,
Section 9. Section 19~113 of the Code of Laws is amended to read:
Sec. 19-113. Penalty.
URless aRother peRalty is provided for hereiR, Upon conviction of any
action or omission declared to be unlawful by this article, a person shall
be subject to THE PENALTIES SET FORTH IN SECTION 1-5 OF
THIS CODE a fiHe Hot to Cl(ceed RiRe hURdred RiHety RiHe dollars
($999,00), or imprisoHffieRt for a period HElt to e)(ceea ORe lmRdred eight
(180) days, or by both stieh fiRe aOO imprisonmem:, 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,
Section 10. Section 22-46(h)(2) of the Code of Laws is amended to read:
(2) Any person, corporation, partnership, company, association or other
entity which violates any of the provisions of this chapter shall be guilty
of a misdemeanor and, upon conviction of such violation, shall be
subject to THE PENALTIES SET FORTH IN SECTION 1~5 OF THIS
CODE a fiRe of Rot more thaR RiRe lmRdred RiHoty RiRe dollars
($999.00), or imprisonmem: Hot to exceed ORe huRdred eighty (180)
days, Elf both such fiRe aHd imprisonmeRt; provided, however, that no
persoR uRder the age sf eighteeR (18) years shall be subjected to Stich
imprisoFlffieflt; and provided further that issuance of a summons or
complaint by the city, and subsequent conviction of a violation of the
Code of Laws 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 chapter.
Section 11. ReDeal. The following section of the Code of Laws are hereby repealed:
* Section 15~9(b)(3)
* Section 17-2
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Section 12. Section 7-11(b) of the Code of Laws is amended by deleting the reference therein
to "section 7~32," and inserting "section 7~31 "
Section 13. Safety Clause, The City Council hereby finds, determines and declares that this
ordinance is promulgated under the polIce powers 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 objective sought to be attained,
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 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,
Section 15. Effective date. This ordinance shall take effect upon passage at second reading
INTRODUCED, READ, AND ADOPTED on first reading by a vote of 7 to 1 on
this ~ltIay of May , 1998, 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 June 8 , 1998, at 7 o'clock p.m" in the Council Chambers, 7500 West
29TH Avenue, Wheat Ridge, Colorado, 80215,
READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of
8 to 0 ,this 8th day of June , 1998
-- -
I
;)Jt[tLi.,,4~i (
Wanda Sang, City CI~
/ ~ ili~ ,c/
(, I. i(::.' {,f.. (/.e)tv,t~
'eretchen Cerveny, Mayor ._-
J
1st Publication: May 15, 1998
2nd Publication: June 12, 1998
Wheat Ridge Transcript
Effective Date' June 8, 1998
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