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HomeMy WebLinkAboutOrdinance-1999-1166 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER DiTullio Council Bill No. 28 Ordinance No. 1166 Series of 1999 TITLE: AN ORDINANCE AMENDING SECTION 15-23 OF THE WHEAT RIDGE CODE OF LAWS, CONCERNING REGULATIONS APPLICABLE TO THE CONDITION OF STABLES, FERTILIZER, AND BUILDINGS WHEREAS, Section 15-23 of the Wheat Ridge Code of Laws contains regulations for the condition of stables, fertilizer, and buildings; and WHEREAS, the Council wishes to amend the Section 15-23 as a result of a need to better enforce and prosecute violations relating to manure accumulation and resulting nuisances such as odors and flies. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO, AS FOLLOWS' Section 1. Section 15-23 of the Wheat Ridge Code of Laws is hereby amended by the revision of the title to read: Condition of PROPERTY, Stable, Fertilizer, AND Buildings and by the addition of new subsections (e) and (f) which shall provide as follows: (e) For purposes of civil or criminal enforcement of violations of this Section under Section 15-9, it shall be considered prima facie evidence that a person is in violation of this Section if there are at least two or more complaining witnesses from separate households neighboring or adjacent to the subject property who shall sign such complaint and shall have testified at trial regarding the nuisance complained of and all efforts of Code Section 26-30(L)(1) have been exhausted as testified to in writing by the Animal Welfare and Control Commission and signed by the Chairperson of that Commission. An animal care officer, police officer or code enforcement official who has personally investigated the complaint of a single complainant and observed offensive odors, excessive flies, andlor amounts of manure giving rise to that person's belief, in his or her reasonable judgment that the manure accumulation constitutes a nuisance, must testify in order to satisfy the requirement for the second complaining witness. (f) The municipal court judge is authorized to double the applicable fine otherwise imposed upon any person under this Section if such KLE\53027\294660.01 person has been previously convicted of the same or a similar violation within the preceding twelve (12) months. 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. Section 4. Effective Date. This Ordinance shall take effect one day following final approval. INTRODUCED, READ, AND ADOPTED on first reading by a vote of 6 to 0 on this 9th day of August, 1999, 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 August 23, 1999, at 7 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 7 to 1, this 23rd day of August, 1999. SIGNED by the Mayor on this ~ day of August , 1999. 1 st Publication. August 13, 1999 2nd Publication: September 3, 1999 Wheat Ridge Transcript Effective Date. August 24, 1999 KLE\53027\294660.01 2