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HomeMy WebLinkAboutOrdinance-2001-1220 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER MANCINELLI Council Bill No. 08-2001 Ordinance No. 1220 Series of 2001 TITLE AN ORDINANCE AMENDING SECTIONS 2-33, 2-34, 13-32(a), 16-47, and 16-156 OF THE CODE OF LAWS, CONCERNING CODE ENFORCEMENT OFFICERS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO' Section 1. Section 2-33 of the Code of Laws is amended to read: Sec. 2-33. AUTHORITY Duties of animal-park CODE enforcement officers. Pursuant to the provisions of C.R.S. Ii 30-15-105 and the Colorado Municipal Court Rules, the city animal park ANIMAL- PARK-CODE enforcement officers ("APCO OFFICERS") are hereby designated as peace officers and shall be authorized to issue, sign, and serve summonses and complaints, DETAIN AND ARREST SUSPECTS, and to make all the discretionary determinations required in order to enforce the provisions of chapters 1 11 and 17, chapter 20, articlcG II and III and Gcction 16.644,13,15,16,17,20 AND 26. (Code 1977, Ii 4-1.1) Section 2. reserved. Section 2-34 IS hereby repealed and the section number Section 3. Section 13-43(a) is amended to read: (a) Whenever any police officer OR APCO OFFICER of thc dcpartmcnt finds a motor vehicle, attended or unattended, standing upon any portion of a street or highway right-of-way or other public place in such a manner as to constitute an obstruction to traffic or proper highway maintenance, or the construction of any public improvement, or threatens public safety, such officer is authorized to cause the motor vehicle to be moved forthwith to eliminate any such obstruction, and GED\53027\37043801 neither the officer nor anyone acting under his direction shall be liable for any damage to such motor vehicle occasioned by such removal. Section 4. Section 16-47 is hereby repealed and the section reserved. Section 5. Section 16-156 is amended as follows: Sec. 16-156. Same - When in discharge of duties. (a) It is unlawful for any person to use and/or to threaten to use violence, force, or physical interference, or any obstacle for the purpose of knowingly obstructing, impairing, hindering or attempting to prevent the investigation of any incident, the enforcement of any penal code, or the preservation of the peace by a police officer OR A PEACE OFFICER acting under color of his official authority, and/or any canine utilized by any police officer in the discharge of such authorized official law enforcement duties, or knowingly to obstruct, impair, hinder or attempt to prevent the prevention, control or abatement of fire by a fireman acting under color of his official authority. (b) It is unlawful for any person to threaten violence, reprisal or any other injurious act to any police officer, PEACE OFFICER, fireman, city employee or other public official who is engaged in the performance or attempted performance of his official duties, or to make such a threat by reason of such officer's performance or attempted performance of his official duties. (c) It is unlawful for a person knowingly to give false information or a false name or a false address to a police officer OR A PEACE OFFICER acting under color of official authority with the purpose of implicating another or with the intent to hide one's own real name, address or age. (d) It is unlawful for a person knowingly to refuse to reveal his correct name, address or date of birth when requested to do so by a police officer OR A PEACE OFFICER acting under color of official authority. Section 6. 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 GED\53027\370438.0 1 2 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 7. Severabilitv: Conflictina 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 8. Effective Date. This Ordinance shall take effect upon adoption, as provided by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of 4 to 3 on this 26th day of March, 2001, 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 April 23, 2001, at 7'00 o'clock p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. Continued to May 21, 2001. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of 5 to 3, this 21st day of May, 2001. \...(1 i, //11 ,-- ,2001. ,.~ SIGNED by the Mayor on this ;tj- day of J - ..~~ /,; ',,:~ ~ /;. "',, -/1 r" I ..... . . '--~" '. , I' ' ; \0...... \. .~.... , First Publication: March 30, 2001 Second Publication: June 1, 2001 Wheat Ridge Transcript Effective Date: May 21, 2001 GED\53027\370438.0 1 3