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COUNCIL BILL NO. CB23-015 ORDINANCE NO. AN ORDINANCE AMENDING VARIOUS SECTIONS OF THE ARVADA CITY CODE TO REFLECT THE CHANGE IN NAME FROM NORTH JEFFCO PARK AND RECREATION TO APEX PARK AND RECREATION DISTRICT WHEREAS, the City of Arvada has the authority under C.R.S. §31-16-101, and otherwise under its authority as a Home Rule city to establish ordinances, regulations, and procedures that protect life and property; and WHEREAS, the City Council finds it is important for the City to frequently review, update, and correct language in its code of ordinances; and WHEREAS, the following sections have been amended to reflect the name change from North Jeffco Park and Recreation to the current Apex Park and Recreation District; no other substantive changes were made to these sections. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ARVADA, COLORADO: Section 1. Section 62-71, Open carry of firearms prohibited, of Article II, Miscellaneous Offenses, of Chapter 62, Offenses, of the Arvada Municipal Code is hereby amended in its entirety to read as follows: “Sec. 62-71. Open carry of firearms prohibited. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Firearm means any handgun, automatic, revolver, pistol, rifle, shotgun, or other instrument or device capable of or intended to be capable of discharging bullets, cartridges, or other explosive devices. Public building means any structure, facility, site, or area that is owned, operated, or leased by the city. Specific area means: All recreational facilities and sports complexes located within the city and owned, operated, or leased by either the city or the Apex Park and Recreation District including, but not limited to, swimming pools, tennis courts, ice rinks, skate parks, basketball courts, pedestrian and bicycle paths, green belts, golf courses, picnic facilities, lawns, gardens, parks, trails, or open space; or Arvada/Blunn Reservoir, including the lake, dam, spillways, appurtenances, and city- owned lands surrounding the reservoir. A public hearing on this Council Bill will be held by the Arvada City Council on Monday, July 10 at 6:15pm at 8101 Ralston Road in the Council Chambers. ---PAGE BREAK--- Carrying firearm. All firearms must be carried in such a manner so as to be completely concealed from the view of another. Any firearm carried in such a manner as to be visible in whole or in part and for any length of time to another shall be deemed to be open or openly carried. Openly carry. It shall be unlawful for any person to open or openly carry any firearm in or upon any public building or specific area within the city. Exception. Nothing in this section shall be construed to allow the carrying of any firearm except in accordance with state and federal law. Authorized persons. Nothing in this section shall be construed to forbid any peace officer or other city employee duly authorized to carry a firearm from carrying or wearing such firearms as may be necessary in the proper discharge of his duties. Nothing in this section shall be construed to forbid the employee of any armored car service agency providing money transport services pursuant to a contractual arrangement with the city or the North Jeffco Park and Recreation District from carrying or wearing such firearms as may be necessary in the proper discharge of his duties, so long as the employee has been duly authorized by his employer to carry a firearm and he is acting within the course of his employment at the time the firearm is being carried or worn. Concealed permit. Possession of a valid concealed carry permit shall not constitute a defense to a charge of openly carrying a firearm where prohibited. Violation. Any person violating subsection of this section shall, upon conviction thereof, be punished by a fine, or imprisoned, or both, not to exceed the limits established in section 1-5.” The remaining portions of Chapter 62 shall remain unchanged. Section 2. Section 74-96, Recreation districts, of Article IV, Miscellaneous Development Requirements, of Chapter 74 of the Arvada City Code is hereby amended in its entirety to read as follows: “Sec. 74-96. – Recreation districts. If the territory is within the peripheral boundaries of the Apex Park and Recreation District, or the Hyland Hills Metropolitan Park and Recreation District, a certificate signed by an officer of such district must be presented to the planning commission showing that such territory is, at the time of application, included within, and subject to the levy of taxes of, such district.” The remaining portions of Chapter 74 shall remain unchanged. Section 3. Section 102-32, Definitions, of Article II, Water and Sewer, of Chapter 102 of the Arvada City Code is hereby amended to read as follows: “Golf course class of service means water service to golf courses owned and operated by the city or by the Apex Recreation and Park District.” ---PAGE BREAK--- The remaining definitions of Section 102-32 and the rest of Chapter 102 shall remain unchanged. Section 4. Severability. If any section, paragraph, sentence, clause, or phrase of this ordinance is held to be unconstitutional or invalid for any reason, such decision shall not affect the validity of constitutionality of the remaining portions of this ordinance. The City Council declares it would have adopted this ordinance and each part or parts hereof irrespective of the fact that any one part or parts be declared unconstitutional or invalid. Section 5. This ordinance shall take effect five days after publication following final passage. INTRODUCED, READ, AND ORDERED PUBLISHED this 5th day of June, 2023. PASSED, ADOPTED, AND APPROVED this day of 20__. Marc Williams, Mayor ATTEST: City Clerk APPROVED AS TO FORM: Rachel A. Morris, City Attorney By: Publication Dates: June 8, 2023 ---PAGE BREAK--- REDLINE/STRIKEOVER VERSION FOR INFORMATION ONLY – NOT PART OF THE ORDINANCE Underlined indicates new material Strikethrough indicates deleted material Sec. 62-71. Open carry of firearms prohibited. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Firearm means any handgun, automatic, revolver, pistol, rifle, shotgun, or other instrument or device capable of or intended to be capable of discharging bullets, cartridges, or other explosive devices. Public building means any structure, facility, site, or area that is owned, operated, or leased by the city. Specific area means: All recreational facilities and sports complexes located within the city and owned, operated, or leased by either the city or the Apex Park and Recreation District including, but not limited to, swimming pools, tennis courts, ice rinks, skate parks, basketball courts, pedestrian and bicycle paths, green belts, golf courses, picnic facilities, lawns, gardens, parks, trails, or open space; or Arvada/Blunn Reservoir, including the lake, dam, spillways, appurtenances, and city- owned lands surrounding the reservoir. Carrying firearm. All firearms must be carried in such a manner so as to be completely concealed from the view of another. Any firearm carried in such a manner as to be visible in whole or in part and for any length of time to another shall be deemed to be open or openly carried. Openly carry. It shall be unlawful for any person to open or openly carry any firearm in or upon any public building or specific area within the city. Exception. Nothing in this section shall be construed to allow the carrying of any firearm except in accordance with state and federal law. Authorized persons. Nothing in this section shall be construed to forbid any peace officer or other city employee duly authorized to carry a firearm from carrying or wearing such firearms as may be necessary in the proper discharge of his duties. Nothing in this section shall be construed to forbid the employee of any armored car service agency providing money transport services pursuant to a contractual arrangement with the city or the North Jeffco Park and Recreation District from carrying or wearing such firearms as may be necessary in the proper discharge of his duties, so long as the employee has been duly authorized by his employer to carry a firearm and he is acting within the course of his employment at the time the firearm is being carried or worn. ---PAGE BREAK--- Concealed permit. Possession of a valid concealed carry permit shall not constitute a defense to a charge of openly carrying a firearm where prohibited. Violation. Any person violating subsection of this section shall, upon conviction thereof, be punished by a fine, or imprisoned, or both, not to exceed the limits established in section 1-5. Sec. 74-96. - Recreation districts. If the territory is within the peripheral boundaries of the Apex Park and Recreation District, or the Hyland Hills Metropolitan Park and Recreation District, a certificate signed by an officer of such district must be presented to the planning commission showing that such territory is, at the time of application, included within, and subject to the levy of taxes of, such district. Sec. 102-32. – Definitions Golf course class of service means water service to golf courses owned and operated by the city or by the Apex Recreation and Park District.