HomeMy WebLinkAboutOrdinance-2003-1302
CITY OF WHEAT RIDGE, COLORADO
INTRODUCED BY COUNCIL MEMBER DiTullio
Council Bill No. 27-2003
Ordinance No. 1107
Series of 2003
TITLE: AN ORDINANCE AMENDING PORTIONS OF CHAPTER 26 OF THE CODE OF
LAWS OF THE CITY OF WHEAT RIDGE CONCERNING "FAMILY FOSTER
HOMES" AND "RESIDENTIAL GROUP HOMES."
WHEREAS, on January 13, 2003, the Colorado Supreme Court issued its
decision in City of Northqlenn v. Ibarra, concerning a challenge to a municipal
zoning ordinance; and
WHEREAS, as part of this decision, the Colorado Supreme Court determined
that the placement of adjudicated delinquent children required to register as sex
offenders in state-created foster care families is a matter of statewide concern; and
WHEREAS, in light of the Ibarra decision, the City Council desires to make
certain amendments to the foster home definition provided by Section 26,123 of
the Code of Laws of the City of Wheat Ridge ("Code of Laws") and to make certain
non'substantive housekeeping amendments to Chapter 26 provisions concerning
"residential group homes,"
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WHEAT RIDGE, COLORADO:
Section 1. Section 26,123 of the Code of Laws is amended by deleting the
definition of "Family foster home" and substituting therefor the definition "Foster
care home," to read in its entirety as follows:
Foster care home. A foster care home, as defined by C.R S, ~ 26-6-
102(4,5), as existing or hereafter amended, that is properly licensed or
certified by the state of Colorado, Jefferson County, or any of its
designees, as a foster care home. The age of a child placed in a foster
care home may not exceed eighteen (18) years or, in the case of a
child placed in foster care by court order prior to his or her eighteenth
birthday, twenty'one (21) years,
Section 2. Paragraph (a) of the definition of "residential group homes"
provided by Section 26-123 of the Code of Laws is amended as follows,
(a) Group home for children: A reoidenti:::ll facility for five (5) or
more children which is licensed by the Jefferson County OR STATE
Department of Human Services AS A RESIDENTIAL CHILD CARE
FACILITY OR SPECIALIZED GROUP FACILITY, AS DEFINED BY AND
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PURSUANT TO ARTICLE 6 OF TITLE 26, COLORADO REVISED
STATUTES, AS EXISTING OR HEREAFTER AMENDED. THE AGE OF
A CHILD PLACED IN A GROUP HOME FOR CHILDREN MAY NOT
EXCEED EIGHTEEN (18) YEARS OR, IN THE CASE OF A CHILD
PLACED IN A GROUP HOME BY COURT ORDER PRIOR TO HIS OR
HER EIGHTEENTH BIRTHDAY, TWENTY,ONE (21) YEARS, for the
purpose of providing up to twenty four (21) hour care, supervision
and/or tr::lining for children under the age of eighteen (18) ye::lrG.
Those children placed in a home under the age of eighteen (18) but
who rem::lin in the home after reaching the age of eighteen (18) shall
be considered a child under this definition until reaching the age of
twenty one (21 ). Group homes for children do not include facilities for
the placement of children operated directly by the Division of Youth
Corrections of the Colorado Department of Human Services, the
Mental Health Division of the Colorado Department of Human
Services, or the Alcohol and Drug Abuse Division of the Colorado
Department of Public Health and Environment, even if licensed by
Jefferson County Department of Human Services, See section 26-
~612. A group home for children shall not include more than one
(1) person required to register as a sex offender pursuant to ~ 18-3,
412 5, C.R S., as amended,
Section 3. Section 26,123 of the Code of Laws is amended by the addition
of a new definition to read in its entirety as follows:
Group home, residential. A residential facility for children, the elderly
or persons unable to care for themselves that also meets the definition
of a group home, congregate care home or nursing home provided
under Residential group homes in this Section 26-123.
Section 4. Section 26-204 of the Code of Laws is amended by deleting
"Family foster home" from the Table of Uses - Residential and Table of Uses -
Agricultural and Public Facilities, and substituting therefor in each of the tables,
"Foster care home."
Section 5. The Table of Uses - Residential, provided by Section 26-204
of the Code of Laws, is amended as follows:
Residential group homes, nursing homes, eF AND congregate care
faoility FACILITIES for &-8 OR FEWER elderly persons
Section 6. The Table of Uses - Commercial and Industrial Districts,
provided by Section 26,204 of the Code of Laws, is amended as follows:
Residential group and nursing homes and congregate care facilities for
e-te 8 OR FEWER elderly persons
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Section 7. 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 8. Severability; Conflictinq 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.
Section 9. Effective Date. This Ordinance shall take effect immediately
upon final adoption, as authorized by Section 5 11 of the Charter.
INTRODUCED, READ, AND ADOPTED on first reading by a vote of 8 to
o on this 14th day of .Tu1y , 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 July 28 , 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 6 to 0 ,this ?Rth day of Tnly , 2003,
SIGNED by the Mayor on this 29th day of
July
,2003.
ATTEST:
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Approved As To Form
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First Publication' July 17, 2003
Second Publication: July 31. 2003
Wheat Ridge Transcript:
Effective Date: July 28, 2003
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