HomeMy WebLinkAboutOrdinance-2000-1204
CITY OF WHEAT RIDGE, COLORADO
INTRODUCED BY COUNCIL MEMBER Siler
Council Bill No 22
Ordinance No 1204
Series of 2000
TITLE
AN ORDINANCE AMENDING SECTION 26-5(a) OF THE
WHEAT RIDGE CODE OF LAWS BY AMENDING
DEFINITIONS PERTAINING TO "FAMILY," "NONPROFIT
GROUP HOME," AND "RESIDENTIAL GROUP HOME."
WHEREAS, the General Assembly has required that sex offenders register
with the local law enforcement agency within seven (7) days of becoming a
temporary or permanent resident within the agency's jurisdiction; and
WHEREAS, a sex offender potentially poses a direct threat to the health and
safety of others, as recognized by the General Assembly and various court
decisions; and
WHEREAS, sex offenders have a high incidence of recidivism; and
WHEREAS, the concentration of sex offenders in a residential zone district
may increase the potential risk of the threat to the health and safety of others
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE,
COLORADO:
Section 1. Section 26-5(a), Definitions, of the Code of Laws IS hereby
amended by amending the definition of "Family" to read.
Family. One (1) or more persons related by blood,
marriage, adoption, or legal custody plus domestic
servants employed for service on the premises, or a
group of not more than three (3) persons who need not
be so related living together as a single housekeeping
unit Five (5) people over the age of sixty (60) sharing
one (1) housekeeping unit shall also be deemed to be a
family Notwithstanding the foregoing, a family shall be
deemed to include four (4) or more persons that are not
related by blood, marriage, adoption, or legal custody
occupying a residential dwelling unit and living as a single
housekeeping unit if the occupants are handicapped
persons as defined in title III of the Civil Rights Act of
1968, as amended by the Fair Housing Amendments Act
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of 1988, or disabled persons as defined by S 24-34-301,
C.R.S
A household that includes four (4) or more persons
identified above shall not be excluded from the definition
of "family" by the residence in the household of
additional necessary persons (and their families)
employed in the care and supervIsion of such
handicapped or disabled persons.
A FAMILY SHALL NOT INCLUDE MORE THAN ONE
PERSON REQUIRED TO REGISTER AS A SEX OFFENDER
PURSUANT TO SECTION 18-3-412.5, C.R.S, AS
AMENDED, UNLESS RELATED BY BLOOD, MARRIAGE,
OR ADOPTION
Section 2. Section 26-5(a). Definitions, of the Code of Laws IS hereby
amended by amending the definition of "Nonprofit Group Home" to read.
Nonprofit group home. A group home which is owned
and operated by a person or organization which is exempt
from income taxes pursuant to !j 39-22-112 C.R.S A
NONPROFIT GROUP HOME SHALL NOT INCLUDE MORE
THAN ONE PERSON REQUIRED TO REGISTER AS A SEX
OFFENDER PURSUANT TO SECTION 18-3-412.5, C R.S.,
AS AMENDED
Section 3. Section 26-5(a), Definitions, of the Code of Laws is hereby
amended by amending the definition of "Residential Group Homes" to read:
Residential group homes:
(a) Group Home for Children' This is a residential facility
for five (5) or more children which is licensed by the
Jefferson County Social Service3 Division
DEPARTMENT OF HUMAN Services for the purpose
of providing up to twenty-four (24) hour care,
supervision andlor training for children under the age
of eighteen (18) years Those children placed in a
home under the age of eighteen (18) but who remain
in the home after reaching the age of eighteen (18)
shall be considered a child under this definition until
reaching the age of twenty-one (21) Group homes
for children do not include facilities for the placement
of children by the DIVISION OF YOUTH
CORRECTIONS OF THE COLORADO DEPARTMENT
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OF HUMAN SERVICES Youth Ser'v'iccs Di'v'ision of
thc Dcpartment of Institutions, the Mental Health
Division of the Departmcnt of Institutions
COLORADO DEPARTMENT OF HUMAN SERVICES,
or the Alcohol and Drug Abuse Division of the
Dcportment of Ilcalth, COLORADO DEPARTMENT
OF PUBLIC HEALTH AND ENVIRONMENT even if
licensed by Jefferson County Department of Social
HUMAN Services (See section 26-30(P)) A
GROUP HOME FOR CHILDREN SHALL NOT INCLUDE
MORE THAN ONE PERSON REQUIRED TO REGISTER
AS A SEX OFFENDER PURSUANT TO SECTION
18-3-412.5, C R S., AS AMENDED.
(b) Group Home for Elderly Persons: This is a residential
facility established as either an owner-occupied or
nonprofit group home for the exclusive use of
persons sixty (60) years of age or older who do not
need skilled and intermediate care facilities, plus no
more than two (2) live-in staff persons employed in
the care and supervision of such elderly persons. A
GROUP HOME FOR ELDERLY PERSONS SHALL NOT
INCLUDE MORE THAN ONE PERSON REQUIRED TO
REGISTER AS A SEX OFFENDER PURSUANT TO
SECTION 18-3-412.5, C R.S., AS AMENDED.
(c) For purposes of this chapter, "group home" or
"residential group home" shall not include a
household of four (4) or more persons occupying a
residential dwelling unit and living as a single
housekeeping unit if the occupants are handicapped
persons as defined in title III of the Civil Rights Act
of 1968, as amended by the Fair Housing
Amendments Act of 1988, or disabled persons as
defined by !j 24-34-301, C.R.S., and such additional
necessary persons (and their families) employed in
the care and supervision of such handicapped or
disabled persons A GROUP HOME FOR
HANDICAPPED OR DISABLED PERSONS SHALL NOT
INCLUDE MORE THAN ONE PERSON REQUIRED TO
REGISTER AS A SEX OFFENDER PURSUANT TO
SECTION 18-3-412.5, C.R.S., AS AMENDED.
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Section 4. Compliance. Properties, land uses or activities made
nonconforming by the adoption of this Ordinance must be brought into conformity
with this ordinance or discontinued within 90 days of the effective date hereof.
Section 5. 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 6. Severability; 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 7. 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 7 to
1 on this 24th day of July , 2000, 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 All!C"Rt 7R , 2000, at
7:00 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 2 ,this 28th day of August , 2000
SIGNED by the Mayor on this 29th
,2000.
ATTEST: I
~_/)t./,',.. 'd
~}J;L.'-t-L.~ 'vIL(
Wanda Sang, City Clerk-~::,
1st Publication: July 28, 2000
2nd Publication: September 1, 2000
Wheat Ridge Transcript
Effective Date: September 16, 2000
~:;;;; ~jJ
Gera d E. Dahl, City Attorney
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