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HomeMy WebLinkAboutOrdinance-2001-1236 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER Mancinelli Council Bill No. 24-2001 Ordinance No. 1236 Series of 2001 TITLE' AN ORDINANCE AMENDING SUBSECTION (B) OF SECTION 16-179 OF THE CODE OF LAWS OF THE CITY OF WHEAT RIDGE, COLORADO, TO CURE INCONSISTENCIES WITHIN SECTION 16-179 CONCERNING THE CURFEW HOURS FOR JUVENILES BETWEEN SIXTEEN AND EIGHTEEN YEARS OF AGE. 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 previously adopted Section 16-179 of the Wheat Ridge Code of Laws concerning curfews, but inadvertently provided that it was unlawful for parents of sixteen to eighteen year-olds to permit their children to violate curfew for a different time period than the curfew period established for sixteen to eighteen year-olds elsewhere in that section; and WHEREAS, the City desires to amend Section 16-179 of the Code of Laws of the City of Wheat Ridge concerning curfews to clarify that the period of curfew for juveniles between the ages of sixteen and eighteen runs from ten-thirty (10'30) or eleven-thirty (11'30) p.m. to five o'clock (5.00) a.m., depending on the day of the week, and that this is the same time period for which parents of such juveniles may be held legally responsible for curfew violations. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Subsection (b) of Section 16-179 of the Wheat Ridge Code of Laws is hereby amended as follows: CNB\53027\381661.01 1 (b) It shall be unlawful for any parent, guardian, or other person having legal care or custody of any minor who has reached his sixteenth birthday, but not his eighteenth birthday, to allow or permit any such minor to be or remain upon any streets or alleys, or to be or remain in any establishment open to the public generally after 12:00 misflight 10 30 P.M ON ANY SUNDAY, MONDAY, TUESDAY, WEDNESDAY, OR THURSDAY, OR AFTER 11 :30 P.M. ON ANY FRIDAY OR SATURDAY, or before 5:00 a.m. on any day, except as provided in paragraphs (a)(1). (a)(2) or (a)(3) of this section. 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. 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 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 8 to o on this ??nrl day of O"tohf'r , 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 December ,2001 ) / ATTEST: CNB\53027\381661.01 2 ~~~ Wanda Sang, Cit~rk First Publication: October 25, 2001 Second Publication: December 13. 2001 Wheat Ridge Transcript: Effective Date: December 28, 2001 CNB\53027\381661 01 3