HomeMy WebLinkAboutOrdinance-2003-1279
CITY OF WHEAT RIDGE, COLORADO
INTRODUCED BY COUNCIL MEMBER Rotola
Council Bill No. 04-2003
Ordinance No. 1279
Series of 2003
TITLE: AN ORDINANCE AMENDING CHAPTER 16 OF THE CODE OF LAWS OF THE
CITY OF WHEAT RIDGE, COLORADO, BY THE ADDITION OF SECTION 16,
180, PROHIBITING THE POSSESSION OF CERTAIN GRAFFITI MATERIALS
BY MINORS,
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, property defacement, popularly known as graffiti, continues to
exist within the City as an affront to the public welfare; and
WHEREAS, based on the age of those defendants who pled guilty or no
contest or were convicted of the crime of defacing property within the City of
Wheat Ridge during the years 2000 through 2002, the City Council finds and
determines that approximately 80 - 100% of all such crimes are committed by
defendants under eighteen (18) years of age; and
WHEREAS, in furtherance of the public interest in protecting property within
the City from defacement, the City desires to prohibit the possession of certain
materials commonly used to deface property by minors.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WHEAT RIDGE, COLORADO:
Section 1. Chapter 1 6 of the Code of Laws is hereby amended by the
addition of a new Section 16-180, formerly reserved, to read in its entirety as
follows:
See. 16-180. Possession of graffiti materials by minor.
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(a) It shall be unlawful for any person under eighteen (18) years of
age to possess any prohibited graffiti material.
(b) Definitions. For purposes of this section, the following words and
phrases shall have the followmg meanings:
(1) Broad tipped marker pen means a felt-tip marker or
similar implement containing a fluid which is not water
soluble with a tip that exceeds one-quarter (1/4) inch in
width.
(2) Paint pen means a tube, marker or other pen-like
instrument with a tip of one'quarter (1/4) inch or greater
in diameter that contains paint or a similar fluid and an
internal paint agitator.
(3) Prohibited graffiti material means any can of spray paint,
spray paint nozzle, broad tipped marker pen, paint pen,
glass-cutting tool, or glass,etching tool or instrument.
(4) Spray paint means any aerosol container that is made or
adapted for the purpose of applying paint or other
substance capable of defacing property.
(5) Spray paint nozzle means a nozzle designed to deliver a
spray of paint of a particular width or flow from a can of
spray paint.
(c) It shall be an affirmative defense to a charge of violating this
section that the minor possessing the prohibited graffiti material was:
(1 )
(2)
(3)
(4)
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Upon real property owned, leased or otherwise
exclusively possessed by the minor or the minor's parent
or legal guardian;
Upon real property with the permission of the owner,
occupant or person having lawful control of such
property to possess such materials thereon;
In possession of the prohibited graffiti material(s) with the
consent of the minor's parent, legal guardian, teacher or
a law enforcement officer in the performance of his or
her duty; or
Engaged in work at the minor's place of employment at
the direction of minor's employer.
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Section 2. Safetv 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. Severabilitv: Conflictina Ordinances ReDealed. 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 g to
o on this 27th day of January 27 , 2003, 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 February 24 , 2003, 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 24th day of February , 2003.
SIGNED by the Mayor on this 25th
"
retchen Cerveny, Mayor
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Wanda Sang, City ClerK
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Gerald E. Dahl, City Attorney
First Publication: January 30, 2003
Second Publication: February 27, 2003
Wheat Ridge Transcript:
Effective Date: March 14. 2003
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