HomeMy WebLinkAboutOrdinance-1999-1151
CITY OF WHEAT RIDGE, COLORADO
INTRODUCED BY COUNCIL MEMBER MANCINELLI
Council Bill No. 52
Ordinance No. 1151
Series of 1998
TITLE.
AN ORDINANCE PROHIBITING PARKING FOR THE PURPOSE OF
SELLING A VEHICLE
WHEREAS, the City Council wishes to proscribe certain parking activity within the
City limits, and
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE,
COLORADO'
Section 1. Chapter 26, Article I of the Wheat Ridge Code of Laws is hereby
amended by the addition of a new section 26-31 (G), which shall provide as follows'
Section 26-31 (Gl ParkinQ for the Principal Purpose of Sale Prohibited.
(1) For purposes of this Section, "vehicle" shall include motor vehicles, motor
homes, travel trailers and mobile homes
(2) No person shall park any vehicle for the principal purpose of selling such
vehicle on a public roadway, on public property or any other property not
zoned residential
(3) Vehicles considered to be parked for the principal purpose of sale on any
private driveway or private property may be reported by the owner or
manager of such property to the Planning and Development Department for
issuance of an appropriate citation
(4) Any police officer or any employee of the City designated to give notices of
violations of this Section as part of their official duties are hereby
empowered to issue an appropriate citation or summons and complaint under
this Code Such persons shall be empowered with a right of reasonable
access to and entry upon property within the City for the purposes of
monitoring compliance with this Section and for the purposes of issuing
citations or otherwise enforcing this Section
(5) The municipal court shall have the jurisdiction to hear and decide all such
complaints filed under this Section, and, upon conviction, may impose
punishment as provided at sections 1-5 and 1-6 of this Code In any
prosecution under this Section, proof that the vehicle described in the
complaint was parked with a "for sale" sign in a conspicuous place on or in
the vehicle shall constitute prima facie evidence that the owner of the
vehicle was the person who parked or knowingly permitted to be parked
such vehicle for the principal purpose of selling such vehicle, and that such
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person parked or knowingly permitted the vehicle to be parked at such place
and for the time in which such violation occurred,
(6) The provisions of this section shall not apply to those persons who have
been licensed by the City of Wheat Ridge to sell vehicles. This Section shall
apply as provided in Section 26-31 (A), and to all existing property within
City limits
(7) Vehicles may be parked on property zoned residential for the principal
purpose of sale only in compliance with all of the following conditions:
a. The vehicle must be parked upon the driveway or upon the street
immediately adjacent to the residential property relied upon,
b Only one (1) vehicle at anyone time may be parked for the principal
purpose of sale, provided that in the event of death in the family,
divorce, terminal illness or confinement in a correctional, mental or
nursing facility the Planning Director may give written authorization
that up to three vehicles may be sold at one time; and
c In the event the owner of the vehicle is not the owner of the
residential zoned property relied upon for compliance with this Section
such vehicle owner must obtain the permission of such property
owner in writing.
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 objective sought to be attained.
Section 3. Severabilitv; ConflictinQ Ordinances Repealed. If any section, subsection
or clause of this ordinance shall be deemed to be unconstitutional or otherwise invalid, the
validity of the remaining sections, subsections and clauses shall not be affected thereby,
All other ordinances or parts of ordinances in conflict with the provisions of this ordinance
are hereby repealed.
Section 4. Effective Date This Ordinance shall take effect fifteen days after final
publication, as provided by Section 5 11 of the Charter
INTRODUCED, READ, AND ADOPTED on first reading by a vote of 5 to 3 on this
14th day of December, 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
January 11, 1999, at 700 o'clock pm, 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 5 to 3 this 11 th day of January, 1999,
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SIGNED by the Mayor on this 18th day of January, 1999.
ATTEST
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First Publication December 18, 1998
Second Publication January 22, 1999
Wheat Ridge Transcript
Effective Date. February 6, 1999
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GRETCHEN CERVENY, MAYORj
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