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HomeMy WebLinkAboutOrdinance-2002-1270 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER Edwards Council Bill No. "" -2002 Ordinance No 1270 Series of 2002 TITLE' AN ORDINANCE AMENDING ARTICLE IV OF CHAPTER 21 OF THE CODE OF LAWS OF THE CITY OF WHEAT RIDGE CONCERNING COURTESY BUS BENCHES AND BUS STOP SHELTERS. 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 regulate the placement of structures in and around the public rights-of-way; and WHEREAS, pursuant to this authority, the Wheat Ridge City Council ("City Council") previously adopted a courtesy bus bench and bus shelter program, as Article IV of Chapter 21 of the Code of Laws of the City of Wheat Ridge ("Code of Laws"); and WHEREAS, the City Council wishes to grant the Planning Director certain powers under the program and make other technical amendments to said Article IV NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO' Section 1. The title of section 21-142 of the Code of Laws is amended to read in its entirety as follows Sec. 21-142. Application; reapplication; expiration. Section 2. Section 21-142 of the Code of Laws is amended by the addition of a new subsection (c) to read in its entirety as follows. (c) Any alteration of a permitted courtesy bench, including but not limited to, additions to and subtractions from the bench and replacing any or all of the bench, excepting routine maintenance, shall automatically revoke the permit previously issued therefor Any owner who wishes to alter a previously permitted bench must submit a reapplication to the building inspector Such reapplication shall include the same items as the initial application. Altered benches shall be subject to inspection and approval pursuant to Section 21-145 CNB\53027\420834.01 Section 3. Section 21-128 of the Code of Laws, previously reserved, is amended to read in its entirety as follows. Sec. 21-128. Planning Director authority. Notwithstanding any other provision of this article, the Director of Planning and Development is authorized to declare any individual bus stop, group of stops or other defined area as an area in which courtesy benches may not be located. The Director of Planning and Development is further authorized to reduce the maximum number of benches allowed under Section 21-146, as applied to any stop or area. Section 4. Section 21-149 of the Code of Laws is amended by the designation of the first paragraph as "(a)" and by the addition of a new subsection (b) after paragraph (4) to read in its entirety as follows' (b) Any permit issued under authority of this article to be effective on or after April 1, 2003, may be revoked by the Director of Planning and Development at any time without cause. 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. 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 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 ~ to ~ on this 141"h day of Orl""hPr , 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 Oc tober 28, 2002 , 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 8 to 0 , this ~~ay of October , 2002 CNB\53027\420834.01 SIGNED by the Mayor on this 7C)tn ATTEST: / - ~)lL i, rJ /,,- 'L \ ;' ,/~ / -< ' Wanda Sang, City Clerk ~' First Publication' October 17. 2002 Second Publication: October 31, 2002 Wheat Ridge Transcript: Effective Date' Novf'mnf'r 1 'i. 2002 CNB\53027\420834.01 day of Octnnf'r ,2002. c"'/--' / I I