HomeMy WebLinkAboutOrdinance 2008-1415
CITY OF WHEAT RIDGE, COLORADO
INTRODUCED BY COUNCIL MEMBER LANGWORTHY
Council Bill No. 11-2008
Ordinance No. 1415
Series 2008
TITLE: AN ORDINANCE AMENDING SECTIONS 17.1, 17.22 AND 17.32 OF THE
WHEAT RIDGE CODE OF LAWS CONCERNING RESTRICTIONS OF USE
OF LAKES AND WATERWAYS WITHIN THE CITY
WHEREAS, the City Council of the City of Wheat Ridge, Colorado has authority to
enact ordinances for the protection of public health, safety and welfare; and
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WHEREAS, exercising this authority, the Council has previously adopted Chapter 17 of
the Wheat Ridge Code of Laws entitled "Parks and Recreation;" and
WHEREAS, the Council has determined it is necessary to amend Sections 17.1, 17.22
and 17.32 of the Code to extend enforcement authority of code officers to lakes and
waterways.
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
WHEAT RIDGE, COLORADO:
Section 1. Section 17.1 is amended by the addition of the following definition:
WATERWAY MEANS THE PORTIONS OF LENA GULCH AND
CLEAR CREEK WITHIN CITY LIMITS.
Section 2. Section 17.22 is amended to read as follows:
Sec. 17-22. Restriction of use.
The director may restrict the hours, days and weeks of use of any
recreation center or building, facilities, parks, open space-Bf trails,
LAKE OR WATERWAY, and the director or al'l a CSO may restrict or
remove any user, individual or group for violation of any of the rules
and regulations set forth in this article.
Section 3. Section 17.32 is amended to read as follows:
Sec. 17-32. Boating.
a) All non motorized watercraft designed to be used as a means of
transportation on water, other than single-chambered air-inflated
devices, shall be allowed on any waters in the park and recreation
areas of the city as outlined in this section except for Bass Lake.
Boating is prohibited on Bass Lake.
(b) In order to boat on any water in the parks and recreation areas
of the city the following requirements shall be met:
(1) The watercraft shall be nonmotorized, propelled solely by
means of oars and paddles or by the use of sails. Any watercraft
which has a motor-driven means of propulsion shall be classified
as motorized and shall be prohibited upon the water of the city.
(2) Any sailboat must be properly registered with the Colorado
Division of Parks and Outdoor Recreation.
(3) All air-inflated devices, including inflatable canoes, kayaks,
rafts and belly boats, must have a minimum of two (2) separate
and distinct chambers. Inner tubes, air mattresses and other
similar beach toys are not permitted at any time.
(4) The watercraft shall be in seaworthy condition as defined by
these rules and regulations and determined by the CSOs.
(5) EACH PERSON OCCUPYING A +He watercraft shall BE
REQUIRED TO WEAR A h:l'Io one (1) personal flotation device of
a type currently approved for use by the United States Coast
Guard WHILE THE CRAFT IS IN USE. IN ADDITION, EACH
WATERCRAFT, EXCEPT FOR KAYAKS, SHALL HAVE on board
AT LEAST for oaT. prson occupying tho ::~:~ :~S! :me (1) throw
flotation device.
(f) All A CSO may order operators from the water when, in the
CSO's judgment, such operators constitute a safety hazard to
themselves or other OPERATORS operations. CSOs may also order
from the water persons or crafts operating in a reckless or careless
manner or in disregard of or in violation of any department of parks
and recreation rule or regulation. CSOs shall have the authority to
close ANY LAKE OR WATERWAY t~2 '2!ffi because of inclement
weather or any other unsafe condition which, in the judgment of the
CSO, constitutes a danger to the health and safety of the public.
(g) EXCEPT AS EXPRESSLY PROVIDED FOR HEREIN, THE
PROVISIONS OF ARTICLE 13 OF TITLE 33 OF THE COLORADO
REVISED STATUTES, ENTITLED VESSELS, AS CURRENTLY
WRITTEN AND HEREAFTER AMENDED, SHALL APPLY TO
LAKES AND WATERWAYS WITHIN THE CITY.
Section 4. Severabilitv. Conflictina Ordinances ReQealed. 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 5. Effective Date. This Ordinance shall take effect fifteen (15) days after
final publication, as provided by Section 5.11 of the Charter.
INTRODUCED, READ, AND ADOPTED on first reading by a vote of 7 to 0 on
this 14th day of July, 2008, 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 Monday, July 28, 2008 at 7:00 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 7 to 0, this 28th day of July, 2008.
SIGNED by the Mayor on this
28th day of July' ' 2008.
ATTEST:
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Getilll. C, Attorney
First Publication: July 17, 2008
Republished as amended on 1st reading: July 24,2008
Third Publication as amended on 2nd reading: July 31, 2008
Wheat Ridge Transcript
Effective Date: August 15, 2008