HomeMy WebLinkAboutOrdinance-2002-1269
CITY OF WHEAT RIDGE, COLORADO
INTRODUCED BY COUNCIL MEMBER Gokey
Council Bill No. 34-2002
Ordinance No. 1269
Series of 2002
TITLE: AN ORDINANCE AMENDING SECTION 16-110 OF THE
CODE OF LAWS OF THE CITY OF WHEAT RIDGE
CONCERNING THE CRIMINAL OFFENSE OF DOMESTIC
VIOLENCE TO CORRECT REFERENCES TO STATE
DOMESTIC VIOLENCE LAWS.
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, including the power to
proscribe and punish criminal conduct within the City; and
WHEREAS, pursuant to this authority, the Wheat Ridge City Council ("City
Council") previously enacted provisions concerning domestic violence crimes and
such provisions were codified at Section 16-110 of the Code of Laws of the City of
Wheat Ridge ("Code of Laws"); and
WHEREAS, said Section 16-110 contains several references to state
domestic violence laws which have subsequently been amended by the state
legislature; and
WHEREAS, the City Council desires to amend Section 16-110 to correct the
references to state law domestic violence statutes.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WHEAT RIDGE, COLORADO:
Section 1. Paragraph 16-11 0(c)(2) of the Code of Laws is amended to read
in its entirety as follows:
(2) In addition to any sentence which is imposed for a violation of
this section, the defendant shall be ordered to complete a
treatment program AND A TREATMENT EVALUATION THAT
CONFORM WITH THE STANDARDS ADOPTED BY THE STATE
DOMESTIC VIOLENCE MANAGEMENT TREATMENT BOARD AS
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REQUIRED BY SECTION 16-11.8-104, C.R.S., AS EXISTING OR
AS HEREAFTER AMENDED which is certified in accordance
'<VitA C.R.S. 9 18 6 602. If an intake evaluation conducted by a
certified treatment program provider discloses that sentencing
to a treatment program would be inappropriate, the person shall
be referred back to the court for alternative disposition.
Section 2. Paragraph 16-11 O(c) (7) of the Code of Laws is amended to read
in its entirety as follows:
Section 3. Paragraph 16-11 0(f)(5) of the Code of Laws is amended to read
in its entirety as follows:
(f) Restraining orders and amended restraining orders issued
against the defendant pursuant to this section shall be
considered restraining orders in accordance with the provisions
of C,R.S. ~ 18-1-1001 144102, as EXISTING OR AS
HEREAFTER amended.
Section 4. 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 5. Severability; Conflictina Ordinances Reoealed. 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.
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Section 6. 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 ~ to ~
on this 14th day of October , 2002, 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 October 28 , 2002, 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 R to 0 ,this 28thday of October , 2002.
day of October
,2002.
SIGNED by the Mayor on this 29th
ATTEST:
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A?lf;:&~
Gerald E. Dahl, City Attorney
First Publication: October 17, 2002
Second Publication: October 31, 2002
Wheat Ridge Transcript:
Effective Date: November 15, 2002
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