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HomeMy WebLinkAbout20131249.tiffNOTICE OF FINAL READING OF ORDINANCE Pursuant to the Weld County Home Rule Charter, Ordinance Number 2013-4 was introduced on first reading on May 1, 2013, and a public hearing and second reading was held on May 22, 2013. A public hearing and final reading was completed on June 10, 2013, with no change being made to the text of said Ordinance, and on motion duly made and seconded, was adopted. Effective date of said Ordinance is listed below. Any backup material, exhibits or information previously submitted to the Board of County Commissioners concerning this matter may be examined in the office of the Clerk to the Board of County Commissioners, located within the Weld County Administration Building, 1150 O Street, Greeley, Colorado, between the hours of 8:00 a.m. and 5:00 p.m., Monday thru Friday, or may be accessed through the Weld County Web Page (www.co.weld.co.us). E -Mail messages sent to an individual Commissioner may not be included in the case file. To ensure inclusion of your E -Mail correspondence into the case file, please send a copy to egesick@co.weld.co.us. ORDINANCE NO. 2013-4 ORDINANCE TITLE: IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 6, LAW ENFORCEMENT, OF THE WELD COUNTY CODE EFFECTIVE DATE: June 25, 2013 BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO DATED: June 14, 2013 PUBLISHED: June 19, 2013, in the Greeley Tribune 01,13 - i�% Affidavit of Publication NOTICE OF FINAL READING OF ORDINANCE Pursuant to the Weld County Home Rule Charter. Ordinance Number 2013-4 was introduced on first reading on May 1, 2013, and a public hearing and second reading was held on May 22, 2013. A public hearing and final reading was completed on June 10, 2013, with no change being made to the text of said Ordi- nance, and on motion duly made and seconded, was adopted. - Effective date of said Ordinance is listed below. Any backup material, exhibits or information previously submit- ted to the Board of County Commissioners concerning this mat- ter may be examined in the office of the Clerk to the Board of County Commissioners, located within the Weld County Admin- istration Building, 1150 O Street, Greeley, Colorado, between the hours of 8:00 a.m. and 5:00 p.m., Monday thru Friday, or may be accessed through the Weld County Web Page (www.co.weld.co.us). E -Mail messages sent to an individual Commissioner may not be included in the case file. To ensure inclusion of your E -Mail correspondence into the case file, please send a copy to egesickW55.vveld.co.us. ORDINANCE NO. 2013-4 ORDINANCE TITLE: IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 6, LAW EN- FORCEMENT, OF THE WELD COUNTY CODE EFFECTIVE DATE: June 25, 2013 BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO DATED: June 14, 2013 The Tribune June 19, 2013 STATE OF COLORADO County of Weld, I Desirea Larson of said County of Weld, being duly sworn, say that I am an advertising clerk of 55. THE GREELEY TRIBUNE, that the same is a daily newspaper of general circulation and printed and published in the City of Greeley, in said county and state; that the notice or advertisement, of which the annexed is a true copy, has been published in said daily newspaper for consecutive (days): that the notice was published in the regular and entire issue of every number of said newspaper during the period and time of publication of said notice, and in the newspaper proper and not in a supplement thereof; that the first publication of said notice was contained in the Nineteenth day of June A.D. 2013 and the last publication thereof: in the issue of said newspaper bearing the date of the Nineteenth day of June A.D. 2013 that said The Greeley Tribune has been published continuously and uninterruptedly during the period of at least six months next prior to the first issue thereof contained said notice or advertisement above referred to; that said newspaper has been admitted to the United States mails as second-class matter under the provisions of the Act of March 3,1879, or any amendments thereof; and that said newspaper is a daily newspaper duly qualified for publishing legal notices and advertisements within the meaning of the laws of the State of Colorado. June 19, 2013 Total Charges: $6.84 Utei, l 19th 013 My Commission Expires 6/14/2017 dNotary Public ii ROBERT LITTLE NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20014018494 MY COMMISSION EXPIRES JUNE 14, 2017 NOTICE OF SECOND READING OF ORDINANCE Pursuant to the Weld County Home Rule Charter, Ordinance Number 2013-4 was introduced on first reading on May 1, 2013, and a public hearing and second reading was held on May 22, 2013, with no change being made to the text of said Ordinance. A public hearing and third reading is scheduled to be held in the Chambers of the Board, located within the Weld County Administration Building, 1150 O Street, Greeley, Colorado 80631, on June 10, 2013. All persons in any manner interested in the next reading of said Ordinance are requested to attend and may be heard. Please contact the Clerk to the Board's Office at phone (970) 336-7215, Extension 4225, or fax (970) 352-0242, prior to the day of the hearing if, as a result of a disability, you require reasonable accommodations in order to participate in this hearing. Any backup material, exhibits or information previously submitted to the Board of County Commissioners concerning this matter may be examined in the office of the Clerk to the Board of County Commissioners, located within the Weld County Administration Building, 1150 O Street, Greeley, Colorado, between the hours of 8:00 a.m. and 5:00 p.m., Monday thru Friday, or may be accessed through the Weld County Web Page (www.co.weld.co.us). E -Mail messages sent to an individual Commissioner may not be included in the case file. To ensure inclusion of your E -Mail correspondence into the case file, please send a copy to egesick@co.weld.co.us. ORDINANCE NO. 2013-4 ORDINANCE TITLE: IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 6, LAW ENFORCEMENT, OF THE WELD COUNTY CODE DATE OF NEXT READING: June 10, 2013, at 9:00 a.m. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO DATED: May 24, 2013 PUBLISHED: May 29, 2013, in the Greeley Tribune aoi3-iag9 Affidavit of Publication NOTICE OF SECOND READING OF ORDINANCE Pursuant to the Weld County Home Rule Charter, Ordinance Number 2013-4 was introduced on -first reading on May 1. 2013, and a pubic hearing and second reading was held on May 22. 2013, with no change being made to the text of said Ordinance. A public be held In the Chambers sof the Board, located withinaring and third reading is cthedWedCCountyy Admin- istration Buildup, 1150 O Street. Greeley. Colorado 80631, on June 10, 2013. Al persons in any manner interested in the next reading of said Ordinance are requested to attend and may be heard. Please contact the Clerk to the Board's Office at phone (970) 336-7215, Extension 4225, or fax (970) 352 0242, prior to the day of the hearing if, as a result of a disability, you require hear- ing My reasonable mmaterial exhibn its bits orr to Information submitted to the Board of County Commissioners concerning this matter may be examined in tie office of the Clerk to the Board of County Commissioners, located within the Weld County Admin- istration BuildMg, 1150 O Street, Greeley, Colorado, between the hours of 8:00 a.m. and 5:00 County t p.m., Monday onday thin Friday, or may be accessed through the Weld .co weld cO us). E-MaN messages sent (1wwwto an Individual Commissioner may not be Included in the case tile. To ensure inclusion of your E-Mall �nce.nce into the case file, please send a copy to egesickecoweld.co.us. ORDINANCE NO. 2013-4 ORDINANCE TTTLE: IN THE MATTER OF REPEALING AND REENACTING, WITH OF THE WELD COUNTY CODE AMENDMENTS, CHAPTER 8. LAW EN- FORCEMENT, DATE OF NEXT READING: June 10, 2013, at 9:00 a.m. WELD COUNCOUNTY Y, COLORADO OBONERS DATED: May 24, 2013 The Tribune May 29, 2013 STATE OF COLORADO County of Weld, I Desirea Larson ss. of said County of Weld, being duly sworn, say that I am an advertising clerk of THE GREELEY TRIBUNE, that the same is a daily newspaper of general circulation and printed and published in the City of Greeley, in said county and state; that the notice or advertisement, of which the annexed is a true copy, has been published in said daily newspaper for consecutive (days): that the notice was published in the regular and entire issue of every number of said newspaper during the period and time of publication of said notice, and in the newspaper proper and not in a supplement thereof; that the first publication of said notice was contained in the Twenty-ninth day of May A.D. 2013 and the last publication thereof: in the issue of said newspaper bearing the date of the Twenty-ninth day of May A.D. 2013 that said The Greeley Tribune has been published continuously and uninterruptedly during the period of at least six months next prior to the first issue thereof contained said notice or advertisement above referred to; that said newspaper has been admitted to the United States mails as second-class matter under the provisions of the Act of March 3,1879, or any amendments thereof; and that said newspaper is a daily newspaper duly qualified for publishing legal notices and advertisements within the meaning of the laws of the State of Colorado. May 29, 2013 Total Charges: $9.13 IVY 29th day of May, My Commission Expires 6/14/2017 Notary Public ROBERT LITTLE NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20014018494 MY COMMISSION EXPIRES JUNE 14, 2017 WELD COUNTY CODE ORDINANCE 2013-4 IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 6, LAW ENFORCEMENT, OF THE WELD COUNTY CODE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD, STATE OF COLORADO: WHEREAS, the Board of County Commissioners of the County of Weld, State of Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board of County Commissioners, on December 28, 2000, adopted Weld County Code Ordinance 2000-1, enacting a comprehensive Code for the County of Weld, including the codification of all previously adopted ordinances of a general and permanent nature enacted on or before said date of adoption, and WHEREAS, the Weld County Code is in need of revision and clarification with regard to procedures, terms, and requirements therein. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of the County of Weld, State of Colorado, that certain existing Chapters of the Weld County Code be, and hereby are, repealed and re-enacted, with amendments, and the various Chapters are revised to read as follows. Add the following: CHAPTER 6 Law Enforcement ARTICLE Ill Firearms Protection Code Sec. 6-3-10. Purpose. A. The Second Amendment to the United States Constitution states: "A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed." Section 13 of Article II of the Colorado Constitution states: "The right of no person to keep and bear arms in defense of his home, person and property, or in aid of the civil power when thereto legally summoned, shall be called in question; but nothing herein contained shall be construed to justify the practice of carrying concealed weapons." B. The right to possess, own, transfer, or use a firearm is an individual right which cannot be infringed by federal, state, or local government. 2013-1249 Sec. 6-3-20. Prohibition on restricting rights of firearms owners. A. Except as stated in Paragraph C., below, the Board of County Commissioners of Weld County shall not enact any ordinance which prohibits, limits, restricts, or attempts to prohibit, limit, or restrict any individual from exercising their Second Amendment rights to possess, own, transfer, or use a firearm in an otherwise lawful manner. B. The Board of County Commissioners shall not enact any ordinance which: 1. Limits the ammunition capacity of a firearm magazine; 2. Requires any background check of any owner or potential owner of a firearm; 3. Charges any fee related to the possession, ownership, use, or transfer of a firearm; 4. Requires any specialized training or class related to the possession, ownership, use, or transfer of a firearm; 5. Limits the possession, ownership, use, or transfer of a firearm to specific classes of persons; or 6. Prohibits, limits, or restricts where an individual may lawfully carry a firearm within the unincorporated area of Weld County. Nothing in this Article shall limit the authority of the Board of County Commissioners to regulate Weld County employees in their activities during work hours, to prohibit the carrying or use of firearms on County -owned property, or to regulate the use of lands within Weld County for the purpose of owning, operating or conducting indoor or outdoor shooting ranges. BE IT FURTHER ORDAINED by the Board that the Clerk to the Board be, and hereby is, directed to arrange for Colorado Code Publishing to supplement the Weld County Code with the amendments contained herein, to coincide with chapters, articles, divisions, sections, and subsections as they currently exist within said Code; and to resolve any inconsistencies regarding capitalization, grammar, and numbering or placement of chapters, articles, divisions, sections, and subsections in said Code. BE IT FURTHER ORDAINED by the Board if any section, subsection, paragraph, sentence, clause, or phrase of this Ordinance is for any reason held or decided to be unconstitutional, such decision shall not affect the validity of the remaining portions hereof. The Board of County Commissioners hereby declares that it would have enacted this Ordinance in each and every section, subsection, paragraph, sentence, clause, and phrase thereof irrespective of the fact that any one or more sections, subsections, paragraphs, sentences, clauses, or phrases might be declared to be unconstitutional or invalid. The above and foregoing Ordinance Number 2013-4 was, on motion duly made and seconded, adopted by the following vote on the 10th day of June, A.D., 2013. NOTICE PURSUANT to the Weld County Home Rule Charter, Ordinance Number 2013-4 published above, was introduced and, on motion duly made and seconded, approved upon first reading on May 1, 2013. A public hearing and second reading is scheduled to be held in the Chambers of the Board, located within the Weld County Administration Building, 1150 O Street, Greeley, Colorado 80631, on May 22, 2013. All persons in any manner interested in the reading of said Ordinance are requested to attend and may be heard. Please contact the Clerk to the Board's office at phone (970) 336-7215, Extension 4225, or fax (970) 352-0242, prior to the day of the hearing if, as the result of a disability, you require reasonable accommodations in order to participate in this hearing. Any backup material, exhibits or information previously submitted to the Board of County Commissioners concerning this matter may be examined in the office of the Clerk to the Board of County Commissioners, located within the Weld County Administration Building, 1150 O Street, Greeley, Colorado, between the hours of 8:00 a.m. and 5:00 p.m., Monday thru Friday, or may be accessed through the Weld County Web Page (www.co.weld.co.us). E -Mail messages sent to an individual Commissioner may not be included in the case file. To ensure inclusion of your E -Mail correspondence into the case file, please send a copy to egesick@co.weld.co.us. SECOND READING: May 22, 2013, at 9:00 a.m. THIRD READING: June 10, 2013, at 9:00 a.m. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO DATED: May 3, 2013 PUBLISHED: May 8, 2013, in the Greeley Tribune WELD COUNTY COE ORDINANCE 2013-4 IN THE MATTE0F REPEALING AND REENACTING, WITH AMENDMENTSHAPTER 6, LAW ENFORCEMENT, OF THE WELD COONTCODE BE IT ORDAIND BY THE BOARD OF COUNTY COMMIS- SIONERS OF HE COUNTY OF WELD. STATE OF COLO- RADO WHEREAS, to Board of County Commissioners of the County of Weld, Stat of Coiorado. pursuant to Colorado statute and the Weld Count,Home Rule Cita-ter s -:eared wit the authority of administenrg the affairs of W o,d Cowry. Colorado. and WHEREAS the Board of Courtly Commissioners, on December 28. 2000. adopted Weld County Code Ordinance 2000-1. enact- ing a comprehensive Code for the County of Weld, including the codification of all previously adopted ordinances of a general and permaner nature enacted on or before said date of adoption. and WHEREAS, the Weld County Code is in need of revision and clarification with regard to procedurestermsand requirements therein. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of the County of Weld, State of Colorado, that certain existing Chapters of the Weld County Code be, and hereby are, repealed and re-enacted, with amendments, and the various Chapters are revised to read as follows. Add the following. CHAPTER 6 Law Enforcement ARTICLE III Firearms Protection Code Sec. 6-3-10. Purpose. A.The Second Amendment to the United States Constitution states- 'A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms. shall not be infringed." Section 13 of Article II of the Colorado Constitution states: "The right of no person to keep and bear arms in defense of his home. person and property, or in aid of the civil power when thereto legally summoned, shall be called in question: but nothing herein contained shall be construed to jus- tify the practice of carrying concealed weapons.' B.The right to possess, own, transfer, or use a firearm is an indi- vidual right which cannot be infringed by federal, state, or local government. Sec. 6-3-20. Prohibition on restricting rights of firearms owners. A.Except as stated in Paragraph C., below, the Board of County Commissioners of Weld County shal! not enact any ordinance which prohibits, limits. restricts. or attempts to prohibit, limit, or restrict any individual from exercising their Second Amendment rights to possess, own, transfer. or use a firearm in an otherwise lawful manner. B.The Board of County Commissioners shall not enact any ordinance which: 1.Limits the ammunition capacity of a firearm magazine: 2. Requires any background check of any owner or potential owner of a firearm: 3.Charges any fee related to the possession, ownership, use, or transfer of a firearm: 4.Requires any specialized training or class related to the possession, ownership, use. or transfer of a firearm: 5.Limits the possession, ownership, use, or transfer of a firearm to specific classes of persons: or 6.Prohibits, limits. or restricts where an individual may lawfully carry a firearm within the unincorporated area of Weld County. C.Nothing in this Article shall lime the authority of the Board of County Commissioners to regulate Weld County employees in their activities during work hours. to prohibit the carrying or use of firearms on County -owned property, or to regulate the use of lands within Weld County for the purpose of owning, operating or conducting' indoor or outdoor shooting ranges. BE IT FURTHER ORDAINED by the Board that the Clerk to the Board be, and hereby is, directed to arrange for Colorado Code Publishing to supplement the Weld County Code with the amendments contained herein, to coincide with chapters, articles, divisions, sections, and subsections as they currently exist within said Code: and to resolve any inconsistencies regarding capitalization, grammar, and numbering or placement of chapters, articles. divisions. sections, and subsections in said Code. BE IT FURTHER ORDAINED by the Board if any section, subsection, paragraph, sentence, clause, or phrase of this Ordinance is for any reason held or decided to be unconstitutional, such decision shall not affect the validity of the remaining portions hereof. The Board of County Commissioners hereby declares that it would have enacted this Ordinance in each and every section, subsection, paragraph, sentence, clause, and phrase thereof irrespective of the fact that any one or more sections, subsections, parag-aphs, sentences. clauses, or phrases might be declared to be unconstitutional or invalid. The above and foregoing Ordinance Number 2013-4 was. on motion duly made and seconded, adopted by the following vote on the 10th day of June. A D , 2013. s Affidavit of Publication STATE OF COLORADO County of Weld, I Desirea Larson SS. of said County of Weld, being duly sworn, say that I am an advertising clerk of THE GREELEY TRIBUNE, that the same is a daily newspaper of general circulation and printed and published in the City of Greeley, in said county and state; that the notice or advertisement, of which the annexed is a true copy, has been published in said daily newspaper for consecutive (days): that the notice was published in the regular and entire issue of every number of said newspaper during the period and time of publication of said notice, and in the newspaper proper and not in a supplement thereof; that the first publication of said notice was contained in the Eighth day of May A.D. 2013 and the last publication thereof: in the issue of said newspaper bearing the date of the Eighth day of May A.D. 2013 that said The Greeley Tribune has been published continuously and uninterruptedly during the period of at least six months next prior to the first issue thereof contained said notice or advertisement above referred to; that said newspaper has been admitted to the United States mails as second-class matter under the provisions of the Act of March 3,1879, or any amendments thereof; and that said newspaper is a daily newspaper duly qualified for publishing legal notices and advertisements within the meaning of the laws of the State of Colorado. May 8 2013 Total Charges: $33.50 \^ '�V^' 8th day ofMayc1I U 3' My Commission Expires 6/14/2017 it)/ Notary Public ROBERT LITTLE NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20014018494 MY COMMISSION EXPIRES JUNE 14, 2017 PURSUANT to the Wild Courtly NOM' Rile Chatter. Orddarlte Mater 2013.4prre86te6/Ilawelt a n, eagtced and. as tLaeon • Oastweary 2013 Apum„dc h�'and seconddr�ngMb scheduled tobe1• held in the Clambers of the Board, located within the Weld • County Administration Building, 1150 0 Street, Greeley, Colorado 80531, on May 22, 2013. MI persons In any manner interested In the reading of said Ordinance pre requested to attend end may be heard. Please contact the Clerk to the Boards office at phone (970) 338-7215, Extension 4225, or fax (970) 352-0242, prior to the day of the hearing if, as the result of a disabililyry, you require reasonable accommodations in order to participate in this hearing.Any backup material, exhibits or Information preWously submitted County concerning this matter to Board of may be examined in the once of the Clark to the Bwrd al Couanv Commissioners, located within the Weld County Administration Building, 1150 0 Street, Greeley, Colorado, between the hours p.m., Friday, or may through be accessed the Weld County Web Page www.co.ewd.co.us). E -Mail messages sent to en individual Commioner may not be included in the case file. To ensure Inclusion of your E -Mall correspondence into the case file, please coq a copy to egeedkOco.wed.00.us. SECOND READING: May 22.2013, et 9:00 a.m. THIRD REEAQADING: June io. 2013. at B:oo a.m. ANDA W HIV��. COIofNC WSSIONERS DNfEE7: Maya. 2013 7M Mum Maw 8. 2013 Hello