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HomeMy WebLinkAbout01 - CODE OF LAWS-GENERAL ORDINANCES OF THE CITY a; . ......... I . e,; CODE OF LAWS OFTHE CITY OF WHEAT RIDGE, COLORADO , GENERAL ORDINANCES OF THE CITY Published by Order of the City Council MUNICIPAL CODE CORPORATION Tallahassee, Florida 1988 I f~ I w-J 1 OFFICIALS of the CITY OF WHEAT RIDGE, COLORADO AT THE TIME OF THIS CODIFICATION Dan Wilde Mayor . Larry Merkl Doris Ibbison Kent Davis Anthony Fiasco Nancy Snow Randy West Claudia Worth Moe Keller City Council John E. Hayes City Attorney Ms. Wanda Sang City Clerk e,' iii ~ PREFACE 1 This Code constitutes a complete recodification of the ordinances of the City of Wheat Ridge, Colorado of a general and permanent nature. Source materials used in the preparation of the Code were the 1977 Code, as supplemented through October 16, 1987, and ordinances subsequently adopted by the city council. The source of each section is included in the history note appearing in parentheses at the end thereof. The absence of such a note indicates that the section is new and was adopted for the first time with the adoption of the Code. By use of the comparative tables appearing in the back of this volume, the reader can locate any section of the 1977 Code, as supple- mented, and any subsequent ordinance included herein. The chapters of the Code have been conveniently arranged in alphabetical order and the various sections within each chapter have been catchlined to facilitate usage. Footnotes which tie related sections of the Code together and which refer to relevant state laws have been included. A table listing the state law citations and setting forth their location within the Code is included at the back ofthis volume. e' Numbering System The numbering system used in this Code is the same system used in many state and municipal codes. Each section number consists of two component parts separated by a dash, the figure before the dash referring to the chapter number and the figure after the dash referring to the position of the section within the chapter. Thus, the first section of Chapter 1 is numbered 1-1 and the second section of Chapter 22 is 22-2. Under this system, each section is identified with its chapter and at the same time new sections or even whole chapters can be inserted in their proper place simply by using the decimal system for amendments. By way of illustration: If new material consisting of three sections that would logically come between sections 1-2 and 1-3 is de- sired to be added, such new sections would be numbered 1-2.1, 1.2.2 and 1-2.3 respectively. New chapters may be included in the same manner. If the new material is to be included between Chapters 3 and 4, it will be designated as Chapter 3.5. Care should be taken that the alphabetical arrangement of chapters is maintained when including new chapters. New articles and new divisions may be included in the same way or, in the case of articles, may be placed at the end of the chapter embracing the subject, and, in the case of divisions, may be placed at the end of the article embracing the subject, the next successive number being assigned to the article or division. Indices The indices have been prepared with the greatest of care. Each particular item has been placed under several headings, some of the headings being couched in lay phraseology, others in legal terminology, and still others in language generally used by municipal officials and employees. There are numerous cross references within each index which stand as guideposts to direct the user to the particular item in which he is interested. e. v Looseleaf Supplements A special feature of this Code to which the attention of the user is espe- cially directed is the looseleaf system of binding and supplemental servicing for the Code. With this system, the Code will be kept up.to-date periodically. Upon the final passage of amendatory ordinances, they will be properly edited and the appropriate page or pages affected will be reprinted. These new pages will be distributed to holders of copies of the Code, with instructions for the manner of inserting the new pages and deleting the obsolete pages. Successfully keeping this Code up-to-date at all times will depend largely upon the holder of the volume. As revised sheets are received, it will then become the responsibility of the holder to have the amendments inserted according to the attached instructions. It is strongly recommended by the publisher that all such amendments be inserted immediately upon receipt to avoid misplacing them and, in addition, that all deleted pages be saved and filed for historical reference purposes. Acknowledgments The publication of this Code was under the direct supervision of Mr. Roger D. Merriam, Supervising Editor, of the Municipal Code Corporation, Talla- hassee, Florida. Credit is gratefully given to the other members of the pub- lisher's staff for their sincere interest and able assistance thrQughout the project. The publisher is most grateful to Mr. John E. Hayes, City Attorney, and Ms. Wanda Sang, City Clerk, for their cooperation and assistance during the progress of the work on this Code. It is hoped that their efforts and those of the publisher have resulted in a Code of Ordinances which will make the active law of the city readily accessible to all citizens and which will be a valuable tool in the day-to.day administration of the city's affairs. MUNICIPAL CODE CORPORATION . ~, , . Tallahassee, Florida . vi il ""'" : ORDINANCE NO. 794 Series of 198.9 TITLE: An Ordinance Adopting and Enacting a Revised Code of Laws of the City for the Wheat Ridge, Colorado; Providing for the Repeal of Cer- tain Ordinances Not Included Therein; Providing a Penalty for the ViolatIOn 'l'hereol; ProvIdIng lor the Manner 01 AmendIng tiuch IJode; and Providing When Such Code and This Ordinance Shall Become Effective. Be It Ordained by the City Council of the City of Wheat Ridge, Colorado, That: e' Section 1. There is hereby adopted by the city council of City of Wheat Ridge, Colorado, that certain "Code of Laws of the City of Wheat Ridge, Colorado (1989)," published by Municipal Code Corporation, Tallahassee, Flori. da, consisting of Chapters 1 through 26 inclusive, together with Supplement 1 thereof. Upon adoption of said "Code of Laws of the City of Wheat Ridge, Colorado (1989)," the "Code of the City of Wheat Ridge, Colorado," originally published in 1976 by the Michie Company, and subsequently supplemented, is expressly superseded, subject to the provisions of Sections 2 and 3 hereof. Section 2. All ordinances of a general and permanent nature enacted on or before September 26, 1988, and not included in the Code of Laws hereby enacted or recognized and continued enforced by reference therein, are repealed. Section 3. The repeal provided for in Section 2 hereof shall not be construed to revive any ordinance or part thereof that was or has been repealed by subsequent ordinance that is repealed by this ordinance. Section 4. The following penalty provisions are included and appear in the Code of Laws adopted hereby. Chapter 1. General Provisions Sec. 1-5. General penalty. Whenever in this Code or any other ordinance of the city or any section or an order, rule or regulation promulgated under the provisions of this Code or other ordinance of the city any act is prohibited, made or declared to be unlawful, an offense, nuisance or misdemeanor, where no specific penalty is provided therefor, any person who shall be convicted of the violation of any such provision of this Code or other ordinance of the city or of such orders, rules or regulations shall be punished by a fine of not more than nine hundred ninety-nine dollars ($999.00), or by imprisonment for a period not exceeding one hundred eighty (180) days, or both such fine and imprison- ment; provided, however, that no person under the age of eighteen (18) years shall be subjected to imprisonment for violation of any provision of this Code. e" Supp. No.2 vii Chapter 3. Adult Entertainment Facilities . Sec. 3-3. Maintaining a: public nuisance; penalties. Any person who owns, operates, establishes or carries on an adult enter. tainment facility in violation of any of the provisions of section 3-4 is guilty of maintaining a public nuisance and, upon convicti'on thereof, shall be subject to a fine no less than one hundred dollars ($100.00) nor more than nine hundred ninety.nine dollars ($999.00); imprisonment not to exceed one hun. dred eighty (180) days, or both such fine and imprisonment. Additionally, any business operated in violation ofthis chapter may be closed by injunction as a public nuisance. Chapter 4. Animals Article I. In General Sec. 4.3. Violations and penalties. Any person found to be in violation of the provision of this chapter shall be guilty of an unlawful act and upon conviction shall be punishable by a fine of not less than twenty-five dollars ($25.00) and not to exceed nine hundred ninety. nine dollars ($999.00), or by imprisonment not to exceed ninety (90) days, or by both such fine and imprisonment; provided, however, that no person under the age of eighteen (18) years shall be subjected to imprisonment for violation of any provision of this chapter. Sec. 4.31. Dog license. . (b) Violations and penalty. Any person violating, or owning, keeping, caring for, or possessing a dog violating any of the provisions ofthis section shall be guilty of a misdemeanor and, upon conviction thereof, shall be subject to a fine not to exceed nine hundred ninety.nine dollars ($999.00). Chapter 5. Buildings and Building Regulations Article 1. In General Sec_ 5.5. Violations deemed misdemeanors; penalties; remedies. (b) Any person violating any of the provisions of this chapter shall be guilty of a misdemeanor and, upon conviction of such violation, shall be subject to a fine not to exceed nine hundred ninety-nine dollars ($999.00), or imprisonment not to exceed one hundred eighty (180) days, or both such fine and imprisonment. In addition, in the event any building, structure or utility is erected, constructed, reconstructed, altered, repaired, converted, demolished, moved or maintained, or any building, structure or utility is used in violation of this chapter, the city or any proper person may institute any appropriate action or proceedings to prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or occupancy to restrain, correct or abate such violation, or to prevent the Supp. No.2 . Viii , i :.;:) e' occupancy of such building, structure or land. The imposition of any penalty hereunder shall not preclude the city or any proper person from instituting any appropriate action or proceeding to require compliance with the provi. sions of this chapter and with administrative orders and determination made hereunder. '1 Chapter 6. Civil Disasters and Emergencies Article 11. Civil Emergencies Sec. 6.22. Violations. Any person who shall willfully fail or refuse to comply with the orders of duly authorized law enforcement officers or personnel charged with the responsibility of enforcing the proclamation of emergency authorized herein shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be subject to a fine not to exceed nine hundred ninety-nine dollars ($999.00). e Chapter 7. Elections Article 11. Code of Ethics Sec. 7.43. Penalty; affirmative defense. (c) The appropriate officer, after proper notification by certified mail, shall impose an additional penalty of not more than ten dollars ($10.00) per day for each day that a statement or other information required to be filed by this article is not filed, and the date of filing shall be the date of the postmark if the report is mailed; except that the appropriate officer may excuse such penalty for bona fide personal exigencies. Chapter 9. Health Article II. Smoking in Public Places Sec. 9-23. Penalty for violation. Any person violating any provision of this article shall be guilty of a misdemeanor and, upon conviction of such violation, shall be subject to a fine of not less than twenty-five dollars ($25.00) nor more than five hundred dollars ($500.00). Each day of a continuing violation shall be deemed to be a separate violation and shall be punishable as such. Chapter 11. Licenses, Permits and Miscellaneous Business Regulations Article III. Alcoholic Beverages Sec. 11.53. Issuance and enforcement of subpoenas. (d) Failure by any person without adequate excuse to obey a subpoena served upon him may be found in contempt of the liquor licensing authority. Such contempt shall constitute a violation of this Code and shall be punish. able by a fine not to ~xceed nine hundred ninety.nine dollars ($999.00) or by imprisonment for a period not to exceed one hundred eighty (180) days, or both such fine and imprisonment; provided, however, that no person under the age of eighteen (18) years shall be subject to imprisonment for violation ofthis article. e,,: Supp. No.2 ix Article IV. Amusement Arcades or Amusement Centers Sec. 11.102. Penalties for violation. Any person violating any provisions of this article shall be guilty of a misdemeanor and, upon conviction of such violation, shall be subject to a fine of not less than fIfty dollars ($50.00) nor more than nine hundred ninety.nine dollars ($999.00), which fine may not be suspended in whole or in any part, or imprisonment not to exceed one hundred eighty (180) days, or both such fine and imprisonment. Nothing contained in this section, howev. er, shall impair the ability of the city to enforce this article as provided in section 11.123 hereof; provided, however, that no person under the age of eighteen (18) years shall be subject to imprisonment for violation of any provisions ofthis article. Article VI. Guard Services and Security Agencies Sec. 11.162. Penalty. Any person who violates any prOVISIOn of this article or any rule or regulation adopted pursuant to this article shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine not exceeding nine hundred ninety.nine dollars ($999.00), or by imprisonment for a period not exceeding ninety (90) days; provided, however, that no person under the age of eighteen (18) years shall be subjected to imprisonment for violation of any provision of this Code. Every day of such violation shall constitute a sepa. rate offense. e .-" , Chapter 13. Motor Vehicles and Traffic Article 1. In General Sec. 13.2. Model traffic code. e "11-4. Parking of Major Vehicles." "(d) Enforcement. Notwithstanding any other provision of this Model Traffic Code or of the Wheat Ridge City Code, any major vehicle as defined herein which is parked or stored in violation of the provisions of this Section 11.4 shall be subject to being towed and stored, at the owner's sole expense, by a towing contractor selected by the chief of police of the City of Wheat Ridge. The towing of illegally parked vehicles is necessary to ensure traffic and pedestrian safety by removing the view impediment created by the illegally parked major vehicles. In addition to the right to tow said illegally parked major vehicles, authority is granted to impose administrative charges upon the owner or operator of said illegally parked vehicle, or the owner of property allowing or permitting such illegal parking, subject to the following requirements:" Supp. No.2 e x ;;:) e' '1 (1) To defray the cost of enforcement of this provision, a charge of fifty dollars ($50.00) shall be imposed for the first offense, one hundred dollars ($100.00) for the second offense, two hundred dollars ($200.00) for the third offense, and three hundred dollars ($300.00) for the fourth or subsequent offenses;" "12.3. Parking for Persons with Mobility Handicaps." "(e) It shall be unlawful for any motor vehicle without distinguishing license plates or any identifying placard obtained by a person with mobil. ity handicap as prescribed by law to be parked in a parking space identi. fied as being reserved for use by the handicapped. Notwithstanding any other provision of the Model Traffic Code, the penalty resulting from conviction of a violation of this Section 12.3 of this Code, or any subpart thereof, shall be a fine of not less than fifty dollars ($50.00), nor more than three hundred dollars ($300.00). In enforcing Section 12.3 oHhis Code, the municipal court shall not have the authority to suspend all or any part of any fine for violation hereof so as to result in a fine of less than fifty dollars ($50.00), it being the intent ofthe city council of the City of Wheat Ridge that Section 12.3 of this Code be strictly and diligently enforced so as to provide adequate parking for persons with mobility handicaps free from interference by those not so handicapped." Sec. 13.3. Certificate of emission control required. e: (c) Any person who violates any provision of this section is guilty of a misdemeanor and,. upon conviction thereof, shall be punished by a fine of not less than twenty.five dollars ($25.00) or more than three hundred dollars ($300.00). Sec. 13.4. Incorrect registration of a motor vehicle. (c) Penalty; procedure for assessment A person who registers a motor vehicle in violation of the provisions of C.R.S. ~ 42.6-137(2) shall be subject to a five hundred dollar ($500.00) civil penalty pursuant to the authority granted in C.R.S. ~ 42.6.137(4). The procedure for the assessment of such civil penalty shall be as follows: ./ (d) Violation and penalty. Any person violating any of the provisions of this section shall be subject, upon conviction of said violation, to a fine not to exceed nine hundred ninety-nine dollars ($999.00). In addition, nothing in this section shall be deemed to preclude the collection of any tax or fee or Supp. No.2 xi penalties or interest thereon provided by law, or the imposition of any other civil or criminal penalty provided by law. Authority is specifically granted to the court to impose both a criminal fine and a civil penalty for violation of the provisions hereof. Article II. Vehicle Emission Control Sec. 13.22. Violation and penalty. Any person owning and/or operating a vehicle not in compliance with the provisions of this article shall be guilty of a misdemeanor and, upon convic- tion thereof, shall be subject to a penalty not to exceed five hundred dollars ($500.00). Separate incidents shall constitute separate violations, which may be separately and individually punished, except no such incident shall constitute a separate violation if said subsequent incident occurs within the time period described in section 13-27 hereof. Authority is expressly pro- vided to the judge of the municipal court to reduce or to suspend all or any part of fines in the event that a person charged with the violation provides proof to the court that the vehicle which emitted the pollutant resulting in the violation has been repaired as provided in section 13.27 hereof. e Chapter 15 . Nuisances Article 1. In General Sec. 15.9. Violation, penalty. (a) Violation of the provisions of this chapter shall be punishable by a fine of not more than nine hundred ninety.nine dollars ($999.00), or by impris. onment in the county jail for not more than one hundred eighty (180) days, or by both fine and imprisonment unless otherwise provided by statute; provided, however, that no person under the age of eighteen (18) years shall be subject to imprisonment for a violation of this chapter. (b) All remedies set forth herein are cumulative, and the exercise of one shall not be deemed to prevent the exercise of another, nor to bar, nor negate, any prosecution under other provisions of this Code or any petition for injunction as provided by law. e Chapter 16. Offenses-Miscellaneous Article 1. In General Sec. 16-4. Violations. (a) It is unlawful for any person to violate any of the provisions of this chapter, and any such violation shall be punished as is hereinafter provided. (b) Every person who, at the time of commission of the offense, was at least eighteen (18) years of age, and who is subsequently convicted of or pleads guilty or nolo contendere to a violation of any provision of this chapter, shall be punished by a fine of not less than twenty.five dollars ($25.00) but not exceeding nine hundred ninety.nine dollars ($999.00) per violation or count, or by -imprisonment not exceeding one hundred eighty (180) days, or by both such fine and imprisonment. Any voluntary plea of guilty or nolo contendere to the original charge or to a lesser or-substituted charge shall subject the person so pleading to all fines and/or penalties applicable to the original charge. Any restitution ordered by the court shall Supp. No.2 e xii e be in addition to any such fine or imprisonment; provided, however, that nothing contained herein shall empower the court to subject any person under the age of eighteen (18) to any imprisonment as a portion of a penalty for violation of any provision of this chapter. (c) Every person who, at the time of commission of the offense, was at least ten (10) but not yet eighteen (18) years of age, and who is subsequently convicted or pleads guilty or nolo contendere to a violation of any provision of this chapter shall be punished by a fine of not less than twenty.five dollars ($25.00) but not exceeding nine hundred ninety-nine dollars ($999.00) per violation of count. Any voluntary plea of guilty or nolo contendere to the original charge or to a lesser or substitute charge shall subject the person so pleading to all fines and/or penalties applicable to the original charge. Any restitution ordered by the court shall be in addition to any such fine. Noth. ing in this section shall be construed to prohibit incarceration in an appro. priate facility, at the time of charging, of a juvenile violating any section of this chapter, or in the event of issuance of a warrant resulting from a violation of any section of this chapter. (d) Authority is hereby expressly granted to the judges of the municipal court to award, as restitution to any victim of any action specified as unlaw. ful in this chapter, an amount equal to the actual damages snffered by the victim, and to order any person found, or pleading, guilty to any such violation to pay such restitution as ordered by the court. Such restitution shall be determined by the submission of a bill of costs by the victim to the court on a form approved by the court, but the court shall be limited to awarding as such restitution only actual costs incurred by the victim. Au. thority is expressly granted to the court to order such restitution for any and all costs incurred by the public safety and/or emergency response agencies of the City of Wheat Ridge or other governmental or quasi.governmental entities in connection with the initial response to and all subsequent fol. lowup investigation of violation in the case of violation under section 16.151. Any restitution ordered by the court shall be in addition to any fine and/or imprisonment authorized by this Code, and shall likewise be applicable to any situation in which deferred judgment or deferred sentence is accepted and/or imposed by the court. ..~ I eJ , "'"" ! Article VI. Offenses Against Public Decency Sec. 16.131. Possession of marijuana. (b) It shall be unlawful to possess one (1) ounce or less of marijuana, cannabis or cannabis concentrate, and upon conviction thereof, or plea of guilty or no contest thereto, punishment shall not be by imprisonment, but shall be by a fine of not more than one hundred dollars ($100.00). (e) It shall be unlawful openly and publicly to display or consume one (1) ounce or less of marijuana, cannabis or cannabis concentrate, and upon conviction thereof, or a plea of guilty or no contest thereto, punishment shall be by a fine of one hundred dollars ($100.00), and by imprisonment not exceeding fifteen (15) days. e' / Supp. No. 2 xiii Article vm. Minors Sec. 16.176. Furnishing cigarettes to minors. . -, (b) Penalty for violation. Any person violating the provisions of subsection (a) shall be guilty of a misdemeanor and, upon such violation, shall be subject to a fine of not less than fIfty dollars ($50.00) nor more than nine hundred ninety.nine dollars ($999.00), which fine may not be suspended in whole or any part. Chapter 17. Parks and Recreation Article 1. In General Sec. 17.2. Violations and penalties. Any person found to be in violation of the provisions of this chapter shall be guilty of an unlawful act, and upon conviction shall be punishable by a fine of not less than twenty.five dollars ($25.00) and not exceeding nine hundred ninety.nine dollars ($999.00), or by imprisonment not exceeding one hundred eighty (180) days, or by both such fIne and imprisonment; provided, however, that no person under the age of eighteen (18) years shall be subjected to imprisonment for violation of any provision of this chapter. Chapter 19. Police Article V. Police Alarm Systems Sec. 19.113. Penalty. . Unless another penalty is prov..ded for herein, upon conviction of any action or omission declared to be l.nlawful by this article, a person shall be subject to a fine not to exceed nine, hundred ninety.nine dollars ($999.00), or imprisonment for a period not to r;xceed one hundred eighty (180) days, or by both such fine and imprisonment. In addition, any alarm provider who fails or refuses to comply with the rules and regulations authorized by section 19-144 hereof shall be subject to having his license revoked, following a hearing conducted before the city council at which hearing due process will be afforded. Chapter 20. Solid Waste Article II. Litter Control Generally Sec. 20.22. Violations and penalty. (a) Any person violating any provision of this article of this Code shall be guilty of a misdemeanor and, upon conviction, shall be subject to a fine pursuant to the following schedule: (1) Upon the first conviction for violation of this article, a fine of not less than fifty dollars ($50.00), plus court costs. (2) Upon the second conviction of a violation of this article, a fine of not less than one hundred dollars ($100.00), plus court costs. Supp. No.2 e xiv - (3) Upon the third conviction of a violation of this article, a fine of not less than two hundred dollars ($200.00), plus court costs. (4) Upon the fourth conviction or any subsequent conviction, a fine of not less than three hundred dollars ($300.00) nor more than nine hundred ninety.nine dollars ($999.00), plus court costs. (b) In levying and imposing fines upon conviction of any of the sections specified herein, the court shall have no authority to reduce or suspend all or any portion of the fines specified herein, it being the expressed intent of the city council that the fines specified herein be strictly adhered to. (c) In addition to any fines levied hereunder, the court shall impose, as a portion of the costs assessed against a convicted defendant, any costs in. curred by the city pursuant to section 20.26. (d) As a portion of any judgment, fine or assessment levied upon convic. tion of a violation this article, the court shall order that the violation resulting in said conviction be abated within a time established by the court, but in no event to exceed forty.five (45) days from the date of convic. tion. Failure to abate within the time so ordered shall constitute contempt of court, and shall be punishable as such. (e) Each day during which any person commits, or allows to remain unabated, any of the actions specified as unlawful in this article shall constitute, and be punishable as, a separate offense. Article III. Watering Litter Control Sec. 20.43. Penalty. Any person violating any provision of this article shall be subject to the penalties of section 20.22 of this Code; provided, however, that nothing contained in this section or section 20-22 shall impair the ability of the city to enforce the other remedial provisions as provided in this article. Ci ---., 1 Chapter 22. Taxation Article II. Sales and Use Tax Division 2. Administration and Enforcement Sec. 20-46. Additional remedies of city. (b) It shall be a violation of this article to refuse to make any return provided to be made in this article, or to make any false or fraudulent return, or any false statement in any return, or to fail to refuse to make timely payment to the city treasurer or his authorized agent, of any taxes collected or due to the city, or in any manner to evade the collection and timely payment of the tax, or any part thereof, imposed by this article, or for any person or purchaser to fail or refuse to pay such tax or evade the timely payment of tax imposed by this article. e) Supp. No.2 xv (1) In his discretion the city treasurer may direct the issuance of a complaint and summons to appear before the municipal court to any person who may be in violation of any of the provisions of this article or the rules and regulations promulgated by the city treasurer to enforce this article. (2) Any person who violates any of the provisions of this article shall be guilty of a misdemeanor and, upon conviction of such violation, shall be subject to a fine of not more than nine hundred ninety-nine dollars ($999.00), or imprisonment not to exceed one hundred eighty (180) days, or both such fine and imprisonment; provided, however, that no person under the age of eighteen (18) years shall be subjected to such imprisonment; and provided further, that issuance of a summons and complaint by the city, and subsequent conviction of a violation of this article in the municipal court, shall not prohibit the court from reo quiring payment of all taxes, penalties and interest found to be due under this chapter in addition to any fine imposed by the court. Each and every twenty.four.hour period of violation shall constitute asep. arate violation of this article. (3) Nothing contained herein shall preclude the treasurer from institut- ing a legal or equitable action in the county district court for the purposes of enforcing the provisions of this article. In the event such an action is undertaken, the city shall be entitled to recover its attorneys fees and costs of litigation expended in such action as a portion of the judgment rendered therein. Section 5. Ordinances adopted by the city council subsequent to September 26, 1988, in such form as to indicate the intention of the city to cause the same to become a part of the"Code of Law's shall be deemed to be incorporated into the Code of Laws so that reference to the Code of Laws includes date of adoption hereof shall be codified into the Code of Laws consistent with and pursuant to the provisions of Section 1.10 of the Code of Laws hereby adopted. Section 6. Ordinances adopted after September 26, 1988, that amend or refer to ordinances that have been codified in the Code of Laws shall be construed as if they amend or refer to like provisions of the Code of Laws. Section 7. Severability. If any clause, sentence, paragraph, or part of this ordinance or the application thereof to any person or circumstances shall for any reason be adjudged by a court of competent jurisdiction invalid, such judgment shall not affect application to other persons or circumstances. Section 8. 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 rela- tion to the proper legislative object sought to be attained. Section 9. This ordinance shall become effective 12:01 a.m. on June 1, 1989. INTRODUCED, READ, AND ADOPTED on first reading by a vote of 8 to 0 on this 24th day of April, 1989, in the ordered published in full in a newspaper . ....." e Supp. No.2 . xvi '"' .1 of general circulation in the City of Wheat Ridge and public hearing and consideration on final passage set for May 22, 1989, at 7:30 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 22nd day of May, 1989. . SIGNED by the Mayor on this 23rd day of May, 1989. Is! Dan Wilde, Mayor ., ATTEST: Isl Christa Jones, Deputy Wanda Sang, City Clerk APPROVED AS TO FORM BY OFFICE OF CITY ATTORNEY Isl John E. Hayes, City Attorney 1st Publication: April 27, 1989 2nd Publication: May 25, 1989' Wheat Ridge Sentinel: Effective Date: June 1, 1989 e' er} Supp. No.2 xvii . TABLE OF CONTENTS . Officials of the City lit the Time of This Codification . . . . . . . . . . . Preface. . . . . . . . . . . . . . . . . . . . .. . . . . . .. . . . . .. .. . . . . .. . . . . . . . . . . . Adopting Ordinance . . . . .. .. .. .. .. ; .. .. .. .. .. .. .. . .. . .. . . .. . . Checklist of Up-to-Date Pages. . . . . .. . . . .. . . . . . . . . . . . . . . . . . . .. PART I CHARTER Charter. . .. . . . . . .. .. .. .. . ....... .... .. .. . . . . . . . . . . .. . . .. . . .. Prefatory Synopsis. . . . . . . . . .. .. . .. .. . . .. . . . . . . . . .. .. . .. .. .. .. Preamble. . . . . . . . . . . . ..... .. . . . .. . . . . . .. . . . . . .. ..... ...... .. Chapter I. General Provisions. . . . . . . . ....................... II. Elections........................................ II1. Mayor and Administration ...................... Iv. CounciL........................................ V. Council Procedure and Legislation . . . . . . . . . . . . . . . . VI. Initiativ.e and Referendum....................... VII. Personnel..................................... VII1. Legal and Judiciary .. .. . .. .. .. . .. .. .. . . .. .. .. . IX. Boards and Commissions........................ X. Finance and Budget.. .. .. .. .. .. . . .... .. .... .. .. . XI. Taxation .. . . . . . .. .. . .. .. . . . . . .. . .. . . . . .. .. .. .. . XI1. Municipal Funding. . . . . . . . . . . . . ... .. .. . . .. .. .. . XII1. Improvement Districts......................... XIV. Intergovernmental Relations ................... XV. Uti~ties and Franchises. . . . . .. .................. XVI. Miscellaneous Legal Provisions. . . . . . . . . . . . . . . . . XVII. Transitional Provisions. . .... . ....... .........- Charter Comparative Table .................................. . . . Supp. No. 22 xix Page ill v vii [1] 1 5 5 5 8 9 13 15 20.1 21 21 22 22 25 26 27 29 29 30 32 83 WHEAT RIDGE CITY CODE Chapter PART II CODE OF ORDINANCES Chapter 1. General Provisions....................................... 2. Administration...................~...................... Art. I. In General....... . .. .. ..... .. .. . .. . . . .. . . .. .. Art. II. Officers and Employees Generally. . . . . . . . . . .. Art. II1. Boards and COmnlissions. . . . . . . . . . . . . . . . . . . . 3. Adult Entertainment Facilities. . . . . . . . . .. . . . . ......... . . . 4. Animals.................................... .. . . . . .. . .. . . Art. 1. In General................................... Art. II. Dogs and Cats.......................~...... Art. II1. Impoundment.............................. 5. Buildings and Building Regulations....................... Art. I. In General................................... Art. II. Anm;n;.tration and Enforcement. . . . . . . . . . . . . Div. 1. Generally ............................... Div. 2. Building Permit. .. . .. .. .. . .. .. . . . . . .. .. .. Div. 3. Electrical Inspections .................... Art. II1. Technical Codes .. . . . . .. .. .. . .. . .. .. .. . . .. . . Art. Iv. Contractors................................. Div. 1. Generally............................... Div. 2. License.................................. Page . . 95 151 153 156 160 221 .275 277 283 285 333 335 338 338 340 345 345 351 351 351 . 6. Civil Disasters and Emergencies.. .. .. .. . .. .. . .. . . . . .. .. .. 403 Art. I. In General.. .. .. .. .. .. .. .. .. .. .. .. .. .. ... .. .. 405 Art. II. Civil Emergencies. . . . . . . . . . . . . . . . . . .. . . . .. . . 405 7. Elections................................................ 455 Art. I. In General. . . . . .. . .. .. .. .. . .. . .. .. .. .. . .. . . . . 457 Art. II. Candidate Conduct.. .. .. .. .. .. .... .. . . . . .. .. 457 Art. III. Code of Ethics.. . .. . .. .. .. .. . .. .. .. . . . . . .. .. 458 Art. Iv. Recount.................................... 468 8. Fire Prevention and Protection.. .. ... ......... . . ..... .. .. 9. Health..................................... ............. Art. 1. In General. .. . . . . . . . . . . . . . . . . . . . . . .. . .. .. .. . . Art. 11. Smoking in Public Places.................... Art. III. Regulation of Products Containing Ozone. Depleting Compounds. . . . . . . . . . . . . . . . . . . . . . . Art. IV. Regulations on Use of Certain Wood.Burning Appliances During High Pollution Days. . . . . . . 517 571 573 573 575 10. Improvement Districts. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 625 578 . 11. Licenses, Permits and Miscellaneous Business Regulations Art. I. In General. . . . . . . . . . . . . . . . . . . . . . .. .. . .... .. . . Supp. No. 22 xx 681 683 . . TABLE OF CONTENTS-Cont'd. . Chapter Art. II. Business License and Fees. . . . . . . . . . . . . . . . . . . Art. III. Alcoholic Beverages..................... .... Div. 1. Wheat Ridge Liquor Licensing Authority. . . Div. 2. Occupation Tax .. .. .. .. .. . .. .. ..... .. .... Art. Iv. Amusement Arcades or Amusement Centers .. Div. 1. Generally ............................... Div. 2. License.................................. Art. V. Emergency Telephone Service Charge . . . . . . . . . Art. VI. Guard Services and Security Agencies. . . . . . . . Art. VII. Pawnbrokers .............................. Page 683 688 688 688.4 690 690 691 695 695 697 12. Reserved................................. .......... ..... 747 13. Motor Vehicles and Traffic. . . . . . . . . . . . . . ........... ...... 847 Art. 1. In General.. .. . .. .. .. .. .. . . .. . .. .. .... . .. .. .. 849 Art. II. Vehicle Emission Control. . . . . . . . . . . . . . . . . . . . . 858 Art. II1. Abandoned Motor Vehicles and 'Thwing. . . . . . . 863 Art. IV. Parking Permits in Restricted Areas. . . . . . . . . . 870 . 14. Municipal Court. . . . . . . . . . . . . . . . . . . . .. .. . . . . . . . . .. .. .. . . 15. Nuisances............................................... Art. I. In General..... . . ..... .. ..................... Art. II. Specified Nuisances ......................... Art. III. Reserved................:.................... 16. . Offenses-Miscellaneous................................ Art. I. In General. .. .. . . . . . ...... . . . ... ......... .... Art. II. Offenses Involving Personal Injury, Etc.. . . . . . . Art. III. Offenses Against Property Rights. . . . . . . . . . . . Art. IV. Offenses Against Public Safety and Order. . . . . Div. 1. Generally............................... Div. 2. Weapons . . . . . . . . . . . .. .. .. .. .. .. . .. . .. .. . Art. V. Offenses Against The Public Peace. . . . . . . . . . . . Art. VI. Offenses Against Public Decency. . . . . . . . . . . . . Art. VII. Offenses By Or Against Officers and Govern- ment. . . . . . . . . . . . . . . . . . .. .. .. . ... . . . . .. .. .. Art. VIII. Minors............................... .... Art. IX. Prostitution................................ Art. X. Massage Parlors. . . . . . . . . .. . . . .. . .. . . .. .. . . .. 17. Parks and Recreation... .. . . . .............. ............. Art. I. In General... .... ....... ..... .. .............. Art. 11. Park Rules.. . . . . . . . .. .. .. . .. .. ...... ..... ... 18. Reserved............................................... 19. Police...................... .... ..., . . . . . - .. . ..... .. .. .. .. Art. 1. In General................................... Art. II. Civil Service .. .. . .. .. .. .. .. . .. . .. . . .. .. . .. .. Art. III. Pension Fund .. .. .. . .. .. .. .. .. .... . .... .. .. . Art. IV. Lost or Abandoned Property . . . . . . . . . . . . . . . . . . . Supp. No. 22 xxi 909 963 965 970.2 976 1023 1027 1028 1029 1030.1 1030.1 1030.3 1031 1039 1042 . 1042.2.1 1042.5 1043 1093 1095 1095 1151 1251 1253 1255 .1258 1259 WHEAT RIDGE CITY CODE Chapter Art. V. Police Alarm Systems . .. . .. . .. .. . . . .. . . . .. ... 20. Solid Waste . .. .. .. . .. .. .. . . . .. .. . .. .. . . . . . . . . . . .. .. .. .. Art. I. In General............ .. ... . . ... .. ........... . Art. II. Litter Control Generally. . . . . . . . . . . .. .. .. . .. . Art. III. Waterway Litter Control. . . . . . . . . .. .. . . . .. . . 21. Streets and Sidewalks .................. . . .. . . .. .. .. . . . . Art. 1. In General................................... Art. II. Work on Public Ways.. .. .. .. . .. .. .. . .. . . .. . . Art. III. Permits For Use of Right-of-Way. ............ Art. Iv. Courtesy Benches and Bus Stop Shelters . . . . . Div. 1. Generally............................... Div. 2. Permit.................................. 22. Taxation............................................... Art. 1. In General................................... Art. II. Sales and Use Tax. .. . . . . . . . . .. . .. .. . .. .. . . . . Div. 1. Generally .... .. .. .. .. ... . .. . .. .. ...... .. Div. 2. Administration and Enforcement. . . . . . . . . . Div. 3. Sales Tax.. .. . .. .. .. .. . .. . .. ...... . . . .. . . Div. 4. Use Tax . .. .. .. . .. .. . .. .. .. . .. . . . . . . . .. .. Div. 5. Enhanced Sales Tax Incentive Program.... Div. 6. BusiIless Development Zone. .. ..... ....._ Art. III. Basic Local Telephone Service . . . . . . . . . . . . . . . 23. Television Cable Systems.. . .. .. . . . . . . . . . . . . . .. .. .. .. .. .. 24. Trees and Shrubs. . . . . .. .. . . . . . . . . . . . .. . . .. .. .. . . . .. .. . . Art. 1. In General. . . . . . . . . . . . .. . .. .. . . .. . . . .. ... . .. . Art. II. Tree Surgeons, Etc.. .. .. . .. . . .. . . . .. . . . . . . . . . 25. Urban Renewal. ... .. . .. .. .. . .. .. .. . . . . . . .. .. . . . . . . . .. .. Art. I. In General................................... Art. II. Urban Renewal Authority. . . . . . . . . . . . . . . . . . . . 26. Zoning and Development. . .. . .. .... . . . . . . . . . . ... .. .. ... . Art. I. Zoning Code . .. .. .. .. .. .. .. .. .. .. . .. . .. . . .. .. Art. II. Floodplain Zoning. . . . . . . . . . . .. . . . .. . . . .. . . . . Art. III. Subdivision Regulations. . . . . . . . . . . . . . . . . . . . . Art. IV. Sign Code .................................... Art. V. Violations and Penalties.. .. . .. .. .. . .. .. .. . . . . Art. VI. Historic Preservation ....................... Official Zoning Map ......................................... Code Comparative Table-1977 Code. . . . . .. . .. . . .. . . . . . . . .. .. Code Comparative Table-Ordinances. . . . . . . . . . . . . . . . . . . . . . . . . State Law Reference Table. . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page 1262 1315 1317 1317 1320 1373 1375 1376.1 1385 1386 .1386 1387 1431 1433 1434 1434 1444 1462 1468 1471 1474 1478 1515 1567 1569 1571 1623 1625 1625 1675 1677 1813 1827 1827 1838 1841 1891 2377 2381 2431 . e . . Code Index........ .... ..... ...................... ._..... ..._.... H Charter Index............................................... 2483 2491 . Supp. No. 22 xxii . Checklist of Up-to-Date Pages (This checklist will be updated with the printing of each Supplement) From our experience in publishing Looseleaf Supplements on a page-for-page substitution basis, it has become evident that through usage and supplementation many pages can be inserted and removed in error. The following listing is included in this Code as a ready guide for the user to determine whether the Code volume properly reflects the latest printing of each page. In the first column all page numbers are listed in sequence. The second column reflects the latest printing of the pages as they should appear in an up-to.date volume. The letters "OC" indicate the pages have not been reprinted in the Supplement Service and appear as published for the original Code. When a page has been reprinted or printed in the Supplement Service, this column reflects the identification number or Supplement Number printed on the bottom of the page. In addition to assisting existing holders of the Code, this list may be used in compiling an up-to-date copy from the original Code and subsequent Supplements. Page No. Title page ill . . Supp. No. OC OC OC 2 2 2 2 2 2 22 22 18 17 18 19 20 20 18 20 20 18 18 OC 17 v, vi vii, viii ix, x xi, xii xiii, xiv xv, xvi xvii . xix, xx xxi, xxii 1,2 3,4 5,6 7,8 9,10 10.1 11,12 13,14 14.1 15,16 16.1, 16.2 17,18 19,20 . Supp. No. 22 Page No. Supp. No. 20.1, 20.2 21,22 23,24 25,26 27,28 29,30 31,32 33 83 95 97,98 99, 100 101 151 153, 154 155, 156 157, 158 158.1, 158.2 158.3 159, 160 161, 162 163, 164 165, 166 167, 168 17 OC OC 8 8 8 18 8 20 13 21 21 21 22 19 22 22 22 22 21 21 22 22 22 [1] WHEAT RIDGE CITY CODE . Page No. Supp. No. Page No. Supp. No. 169, 170 22 579, 580 21 . 221 21 625 OC 223,224 21 627,628 OC 225 21 629, 63D" OG 275 22 681,682 21 277,278 22 682.1 17 279,280 22 683, 684 9 281, 282 22 685, 686 9 283, 284 22 687,688 21 285,286 22 688.1, 688.2 21 287 22 688.3, 688.4 21 333,334 22 689,690 13 335,336 18 691,692 21 337,338 21 693, 694 21 339,340 18 695, 696 21 341, 342 18 696.1 21 343,344 18 697,698 13 345, 346 22 699,700 13 347,348 22 701, 702 13 349, 350 22 703, 704 17 350.1 22 705, 706 17 . 351, 352 18 747 OC 353,354 18 847,848 18 355,356 20 849,850 17 357 20 851,852 17 403 9 853, 854 22 405,406 21 855,856 22 455,456 16 856.1 22 457,458 21 857, 858 18 459,460 21 859 18 461,462 19 863, 864 15 463,464 19 865, 866. 15 465,466 19 867,868 15 467,468 19 8697 870 18 469 19 871,872 18 517 22 909 10 519,520 22 911,912 2 521, 522 '22 . 913 16 523, 524 22 963 15 571 13 965,966 OC 573, 574 21 967,968 8 574.1 21 969,970 8 . 575, 576 8 970.1, 970.2 21 577, 578 13 971, 972 OC Supp. No. 22 [2] . . CHECKLIST OF UP.TO.DATE PAGES . Page No. Supp. No. Page No. Supp. No. 973,974 17 1379, 1380 15 975,976 17 1381, 1382 15 1023, 1024 22 1383, 1384 15 1025 22 1385, 1386 17 1027, 1028 13 1387, 1388 .17 1029, 103U 20 1389, 1390 22 1030.1, 1030.2 22 1431, 1432 19 1030.3, 1030.4 22 1433, 1434 22 1031, 1032 22 1434.1 18 1033, 1034 22 1435, 1436 13 1035, 1036 22 1437, 1438 22 1037, 1038 22 1438.1 22 1039 22 1439, 1440 9 1040.1, 1040.2 13 1441, 1442 18 1041, 1042 13 1443, 1444 22 1042.1, 1042.2 18 1444.1 18 1042.2.1 18 1445, 1446 9 1042.3, 1042.4 16 1447, 1448 9 1042.5, 1042.6 16 1449, 1450 19 . 1043, 1044 1 1450.1 19 1045, 1046 10 1451, 1452 9 1093 21 1453, 1454 18 1095, 1096 21 1455, 1456 18 1097, 1098 8 1457, 1458 21 1099, 1100 8 1459, 1460 21 1101 8 1461, 1462 22. 1151 ot 1462.1 20 1251, 1252 OC 1463, 1464 18 1253, 1254 OC 1465, 1466 18 1255, 1256 12 1467, 1468 21 1257, 1258 21 1469, 1470 21 1259, 1260 3 1470.1 21 1260.1 3 1471, 1472 18 1261, 1262 OC 1473, 1474 12 1263, 1264 21 1475, 1476 12 1265 21 1477, 1478 19 1315 OC 1479 19 1317, 1318 OC 1515 OC 1319, 1320 2 1517 OC 1321, 1322 2 1567 21 . 1373, 1374 18 1569, 1570 21 1375, 1376 18 1571, 1572 21 1376.1, 1376.2 18 1573, 1574 21 1377, 1378 15 1623 20 . 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Page No. Supp. No. Page No. Supp. No. 1625, 1626 20 1744.1, 1744.2 18 . 1675, 1676 20 1744.3, 1744.4 18 1676.1 20 1745, 1746 20 1677, 1678 17 1747,1748 20 1679, 1680 18 1748.1,1748.2 20 1681, 1682 18 1748.3 20 1683, 1684 18 1749, 1750 5 1685, 1686 18 1751,1752 5 1687,1688 18 1753, 1754 5 1689, 1690 18 1755, 1756 5 1690.1, 1690.2 18 1757,1758 5 1691, 1692 14 1759,1760 5 1693, 1694 14 1761, 1762 5 1694.1, 1694.2 14 1763,1764 5 1695, 1696 5 1765,1766 5 1697, 1698 18 1767,1768 5 1698.1 18 1769, 1770 20 1699, 1700 5 1771,1772 20 1701,1702 5 1773,1774 20 1703,1704 22 1774.1 20 1704.1,1704.2 22 1775, 1776 5 . 1705,1706 17 1777,1778 18 1707,1708 18 1778.1 18 1709, 1710 20 1779, 1780 5 1710.1 18 1781, 1782 6 1711,1712 12 1783, 1784 18 1713, 1714 20 1785, 1786 18 1715, 1716 20 1787, 1788 18 1717,1718 20 1789,1790 18 1718.1 20 1791,1792 20 1719,1720 18 1795,1796 5 1721,1722 22 1797, 1798 14 1723,1724 22 1798.1 14 1725,1726 22 1799,1800 19 1727, 1728 22 1801, 1802 19 1729,1730 22 1803, 1804 19 1730.1 22 1805, 1806 22 1731,1732 18 1806.1, 1806.2 22. 1733,1734 18 1807, 1808 5 1735,1736 22 1809, 1810 8 1737,1738 18 1811, 1812 17 1739,1740 18 1813, 1814 17 . 1741, 1742 18 1815, 1816 5 1743, 1744 18 1817, 1818 5 Supp. No. 22 [4] . I . CHECKLIST OF Up.TO.DATE PAGES e Page No. Supp. No. Page No. Supp. No. 1819, 1820 5 2517,2518 22 1821, 1822 5 2519,2520 22 1823, 1824 5 2521, 2522 22 1825, 1826 5 2531,2532 20 1827, 1828 7 2533 20 1829, 1830 13 1831, 1832 17 1832.1 17 1833, 1834 7 1835, 1836 13 1837, 1838 14 1838.1, 1838.2 14 1838.3 14 1839, 1840 20 1841, 1842 20 1843, 1844 20 1845, 1846 20 1847 20 2377,2378 1 . 2379 OC 2381,2382 8 2383,2384 9 2385, 2386 . 15 2387,2388 19 2389,2390 22 2431,2432 22 2483,2484 20 2485,2486 20 2487,2488 20 2489 20 2491,2492 22 2493,2494 22 2495,2496 22 2497,2498 22 2499,2500 22 2501,2502 22 2503,2504 22 2505,2506 22 2507,2508 22 2509,2510 22 . 2511, 2512 22 2512.1 22 2513,2514 19 2515,2516 22 . Supp. No. 22 [5]