HomeMy WebLinkAboutOrdinance-2001-1235
CITY OF WHEAT RIDGE, COLORADO
INTRODUCED BY COUNCIL MEMBER DiTllll io
Council Bill No. 25-2001
Ordinance No. 1235
Series of 2001
TITLE. AN ORDINANCE AMENDING SECTION 16-43 OF THE CODE OF LAWS OF
THE CITY OF WHEAT RIDGE, COLORADO, CONCERNING CRIMINAL
MISCHIEF.
WHEREAS, the City of Wheat Ridge, Colorado (the "City"). is a political
subdivision of the State of Colorado organized and existing as a home rule
municipality pursuant to Article XX of the Colorado Constitution and the home rule
charter for the City (the "Charter"); and
WHEREAS, pursuant to section 1.3 of the Charter, the City has all the power
of local self-government and home rule and all the power possible for a municipality
to have under the Constitution of the State of Colorado; and
WHEREAS, pursuant to its home rule power, the City has the authority to
proscribe and punish non-felony criminal offenses; and
WHEREAS, the City desires to amend the definition of criminal mischief In
the Wheat Ridge Code of Laws.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE,
COLORADO:
Section 1. Section 1 6-43 of the Wheat Ridge Code of Laws is hereby amended
to read in its entirety as follows.
Sec. 16-43. Criminal mischief.
It is unlawful for any person to knowingly or recklessly injure,
damage or destroy the real or personal property owned by
another, in whole or in part; provided that this section shall not
apply where the aggregate damage in anyone (1) criminal
episode to such real or personal property is four hundred dollars
($400.00) or more, or where the damage is effected by means
of fire or explosives or with the intent to defraud.
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
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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 Severabilitv: ConflictinQ Ordinances Repealed.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 7 to
1 on this 22nd day of October , 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 December 10 , 2001, 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 8 to 0 ,this 10th day of December , 2001.
SIGNED by the Mayor on this 11 th day of
Dp('pmhpr
,2001.
ATTEST:
~-1.oI~
Wanda Sang, City Clerk
422S To Foem raz;
~~
Gerald E. Dahl, City Attorney
First Publication: Octohpr 7S 7001
Second Publication: December 13, 2001
Wheat Ridge Transcript
Effective Date: December 28. 2001
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