HomeMy WebLinkAbout2021 Ordinance No. 005Page 1 of 7
BY AUTHORITY
ORDINANCE NO. 5 COUNCIL BILL NO. 01
SERIES OF 2021 INTRODUCED BY COUNCIL
MEMBER ANDERSON
AN ORDINANCE AMENDING TITLE 7, CHAPTER 7, SECTIONS 1-9
REGARDING PUBLIC AID, MUTUAL AID AND EMERGENCY RESPONSE, ALL
WITHIN THE CITY OF ENGLEWOOD, COLORADO.
WHEREAS, the City of Englewood, Colorado, (“City”), is a home rule municipality,
organized and existing under and by virtue of Article XX, Section 6 of the Colorado Constitution,
and as such the City has all legislative powers and functions of home rule municipal government
as reserved to it by the Colorado Constitution and the laws of the State of Colorado;
WHEREAS, the City Council of the City of Englewood recognizes and acknowledges that
it is empowered by Article XX, Section 6 of the Colorado Constitution, Section 119 of the
Englewood Home Rule Charter, Article 33.5, Part 7 of C.R.S., and Section 31-15-401(1)(b)
C.R.S., to do all acts and make all regulations which may be necessary or expedient for the
promotion of the public health, safety and welfare of the City of Englewood;
WHEREAS, Englewood Municipal Code (E.M.C.) Title 7, Chapter 7, Public Aid, Mutual
Aid and Emergency Response, establishes provisions regarding preparation for and response to
emergencies that occur within or impact the City of Englewood; and
WHEREAS, these amendments to the provisions of Title 7, Chapter 7 of the E.M.C. are
intended to establish provisions for the health, safety and welfare of the community, including
delegation of emergency response authority to the greatest extent practicable prior to the
declaration of any emergency, but nothing within these amendments restricts the City Council’s
authority to respond directly to any emergency situation as that body deems necessary and
appropriate.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO, AS FOLLOWS:
Section 1: Amendment of Title 7, Chapter 7. Title 7, Chapter 7, Public Aid, Mutual Aid
and Emergency Response, shall be amended as indicated below:
7-7-1: Duty of Citizens to Aid.
It shall be the duty of all persons, when called upon by any police officer, to promptly aid and
assist such police officer in the discharge of his duties, and any person who shall fail to render
such aid and assistance shall be guilty of a violation of this Code.
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7-7-2: - Destruction of Property. Fire Protection.
When a fire is in progress, the City Manager, or in his absence the highest ranking paid officer
in attendance, may order any building or buildings, fences or other structures that are in close
proximity to such fire to be torn down, blown up or otherwise disposed of, if he deems it necessary
for the purpose of controlling the progress or preventing the spread of such fire.
A. Fire suppression services shall be performed in accordance with that Intergovernmental
Agreement to Provide Fire Protection entered into by the City of Englewood and the City of
Denver, Colorado, effective from June 1, 2015 to December 31, 2035 (IGA), unless otherwise
terminated in accordance with the terms of that agreement.
B. Fire prevention services, including without limitation the enforcement of Englewood’s Building
and Fire Codes, periodic fire safety inspections, and issuance of building permits and
certificates of occupancy shall be carried out under the direction of the City Manager, and
such individual’s designee(s) who shall be the Fire Marshal and Chief Building inspector
unless otherwise designated.
C. Arson and Fire Investigations shall be performed by the Denver Fire Department. Arson
and Fire Investigations will be carried out in conjunction with the Englewood Police
Department when any such investigation is suspected to be the result, or is known to be the
result of the commission of a criminal act in Englewood.
D. Other services identified within the IGA, including both fire related services, dispatch services
and emergency medical services, shall be carried out in accordance with the terms of that
agreement.
7-7-3: Mutual Aid and Automatic Aid Agreements.
The City Council may enter into agreements with other cities, towns, fire protection districts,
corporations, or incorporated areas, relating to the mutual and/or automatic exchange of
assistance in fighting fires, but the City shall not answer any call which is outside of the City
boundary unless such fire is one which is covered by such an agreement for mutual and/or
automatic assistance.
A. The City Council may enter into such reciprocal aid, mutual aid, joint powers agreements,
automatic aid, intergovernmental assistance agreements or other compacts or plans with
other governmental entities for the protection of life and property all in accordance with § 79
of the Home Rule Charter. Such agreements may include the furnishing or exchange of
supplies, equipment, facilities, personnel and/or services.
B. The City Council may exercise such powers and functions as they deem necessary and
appropriate to enable the timely and effective use of all available City resources to prepare
for, respond to, and recover from a declared local public health emergency, including
delegation of specific authority to the City Manager to address exigencies arising out of a
declared emergency or disaster, or waiving compliance with time-consuming procedures and
formalities prescribed by local law to address specifically identified harms arising out of a
publicly declared emergency or disaster.
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7-7-4: Emergency Response Authority.
A. The Englewood City Council recognizes and acknowledges that it is empowered by Article
XX, Section 6 of the Colorado Constitution, Section 119 of the Englewood Home Rule
Charter, Article 33.5, Part 7 of C.R.S., and Section 31-15-401(1)(b) C.R.S., to do all acts and
make all regulations which may be necessary or expedient for the promotion of the public
health, safety and welfare of the City of Englewood. This Title 7, Chapter 7 of the E.M.C. is
intended to delegate emergency response authority to the greatest extent practicable prior to
the declaration of any emergency, but nothing herein restricts the City Council’s authority to
respond directly to any emergency situation as that body deems necessary and appropriate.
B. The Emergency Manager and Response Authority for the City shall be the City Manager, or
such individual’s designee. It is understood that any such designee to whom the City
Manager delegates emergency management authority will be that individual most appropriate
for the identified type of emergency. who shall exercise continuing supervisory authority for
the cleanup and removal of the hazardous substance involved in a hazardous substance
incident. The City Manager, or such individual’s designee, shall notify the State Office of
Emergency Management of the manner in which the City is providing or securing disaster
preparedness, prevention, mitigation, response, and recovery services, and all other
necessary information.
C. The City shall establish a comprehensive emergency management program in order to
prevent, prepare for, respond to, mitigate and recover from emergencies that may arise in
the City. Such program may be established through a local or interjurisdictional emergency
management agency all in conformance with C.R.S. 24-33.5-707.
An emergency management program for the City should include, at minimum:
1. Preparation and adoption of an Emergency Operations Plan, which is regularly
updated;
2. Development and implementation of a Continuity of Operations Plan;
3. Ability to coordinate training for all city personnel in or through an adopted Emergency
Operations Plan and required National Incident Management Systems (NIMS)
courses;
4. Plan to coordinate communications in the event of an emergency;
5. Plan to manage incident response, including assignment of trained personnel to
appropriate roles in the incident command structure;
6. Plan to interface with appropriate regional, state, and federal agencies;
7. Plan for providing regular, complete reports to the City Council, City Administration
and the community.
8. Annually review and adopt the Arapahoe County Disaster Mitigation Plan.
D. The City Council shall be advised regarding the Emergency Operations Plan and Continuity
of Operations Plan whenever such Plans are updated. A copy of any Plans adopted by the
City, including any documents adopted as part of an interjurisdictional emergency
management agreement, disaster management plan or a local plan adopted by the City
Council, shall be on file with the City Clerk’s Office and available to the public during regular
business hours.
E. The local or interjurisdictional emergency management agency, as the case may be, shall
prepare and distribute to all appropriate officials in written form a clear and complete
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statement of the emergency responsibilities of all local agencies and officials and of the
disaster chain of command.
F. The City Council, and all staff identified by the City Manager, shall participate in NIMS training
courses, and any other identified emergency preparation training, prior to participation in
carrying out the Emergency Operations Plan and Continuity of Operations Plan. Completion
of this training may be a term of employment.
7-7-5: Establishment of Motor Vehicle Routes.
For vehicles transporting explosives, blasting agents, hazardous chemicals or other
dangerous articles, The routes for vehicles transporting explosives, blasting agents, dangerous
chemicals or other dangerous articles are hereby established as follows:
Santa Fe Drive
U.S. Highway 285, exclusively between the hours commencing at ten (10:00) p.m. and
ending at six (6:00) a.m.
All operators of vehicles transporting explosives, blasting agents, hazardous/dangerous
chemicals or other hazardous/dangerous articles on a route other than as set forth in this Section
shall have documentation in their possession showing the point of origin and destination of the
vehicle and its contents in sufficient detail to justify the use of a route other than as set forth in
this Section. It is a violation of this Section to fail to produce such documentation to an officer of
Englewood Police Officer upon request. and it shall also be It is a violation of this section for a
vehicle as described within this section to be on a route other than as set forth herein without said
documentation in the possession of the driver.
7-7-6: - Establishment of Fire Lanes.
A. Fire lanes shall be established on private property devoted to public use where the parking
of motor vehicles or other obstructions may interfere with the ingress and egress of fire
vehicles for the protection of persons and property, such as, but not limited to, shopping
centers, bowling establishments, theaters, hospitals, schools, churches and other similar
location where firefighting apparatus and equipment cannot be used effectively from public
accessways.
B. The City Manager or designee shall establish said fire lanes on premises heretofore set out
by filing a plat of said private premises in the City, specifically designating thereon the width
and route of such fire lanes as shall be essential for the necessary ingress, egress and
movement of fire equipment and apparatus within and upon said private premises.
C. Upon filing the approval plat designating the necessary fire lanes and widths thereon with the
City, as provided herein, the City Manager or designee shall forthwith deliver a copy of the
same to the owner, operator, tenant or lessee in possession of said private property with
written notice, and order to proceed to make and post said fire lanes in conformance with the
International Fire Code. Within forty-five (45) days after notice, or such additional time as not
to exceed forty-five (45) additional days, the owner, operator, tenant or lessee in possession
shall complete the necessary marking and signing as required herein.
D. All signs must meet the R7 series sign criteria set forth in the latest edition of the Manual of
Uniform Traffic Control Devices (MUTCD). Striping, red in color, must be placed along the
entire length of the fire lane. When no curb is available, the red stripe should be placed
directly on the private roadway. When curbing is available, the red stripe is placed on the
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curb face and top of curb. The use of striping for fire lane markings is limited to private
roadways only. Striping is not permitted for use on public roadways, except through written
authorization from the Director of Public Works.
E. Failure of the owner, operator, tenant or lessee in possession to comply with the requirement
as set out in subsection C hereof shall be considered to be a violation of this Code and may
subject the owner, operator, tenant or lessee in possession to the penalties prescribed in the
Englewood Municipal Code.
F. The owner, operator, tenant or lessee in possession may appeal the order of the City
Manager as provided in this Article.
G. Appeals. When it is claimed that the provisions of this Article do not apply in the manner in
which the City Manager determines, or when it is claimed that the true intent and meaning of
this Article have been misconstrued or wrongly interpreted by the City Manager, any owner
of property aggrieved thereby may appeal from the decision of the City Manager or designee
to the Englewood Board of Adjustment and Appeals within thirty (30) days from the date of
the decision appealed, which Board shall review the decision of the City Manager and render
a final and binding decision thereupon. In considering such appeals, the Englewood Board
of Adjustment and Appeals shall have the powers granted to the City Manager by this Article.
7-7-7: - Emergency Medical Transport Fees. Authorization to seek reimbursement of disaster
mitigation costs.
A. A fee shall be charged for any person transported by the Englewood Fire Division. The fee
established shall be the usual and customary charge for such service in this community.
B. "Transport" shall mean the actual physical transport from one place in or near the City to
another place by the use of transport equipment of the City of Englewood.
C. The City Manager shall cause to have promulgated in writing reasonable billing and
collection procedures.
D. An ambulance billing review panel, consisting of members of the community and City staff,
shall be established by the City Manager to hear appeals and protests, and to make
adjustments to transport fee billings when deemed reasonable and appropriate. Unless
otherwise determined, failure to pay the fee established shall constitute a violation of this
Section.
E. The effective date for implementation of this Section will be January 1, 1995.
The City is hereby authorized to claim reimbursement from the parties or person(s) responsible
for causing a disaster within the City including, but not limited to, a hazardous substance incident.
Reimbursement shall be for the reasonable and documented costs resulting from action taken to
remove, contain, or otherwise mitigate the effects of such incident not including costs necessary
to extinguish a fire.
7-7-8: - Vehicle Identification Fees.
A. A fee shall be charged by the City for the service of conducting certified and noncertified
inspections of vehicle identification numbers. The fee shall be set by Council resolution.
B. The Police Department shall establish a policy for checking vehicle identification numbers.
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7-7-9: - Waiver of Permit Fees After Designation of an Emergency Event.
A. After designating an event an emergency, the City Council of the City of Englewood, Colorado
may authorize, by regular motion, waiver of building, electrical, mechanical and plumbing
permit fees, or plan review costs, to repair and renovate residential, commercial, and public
structures damaged by the designated emergency.
B. After recognizing a specifically identified danger or harm within the community, the City
Council may authorize, by regular motion, waiver of building, electrical, mechanical and
plumbing permit fees, or plan review costs, to expedite repair and renovateion of residential,
commercial, and public structures as identified.
C. After an action of the City Council, as described in subsection A or B above, the Chief Building
Official shall establish a fee waiver form (waiver) that any owner or owner's agent shall
complete and submit at the time of submission of a permit application or plan review. Such
waiver, and any supplemental documentation deemed necessary, shall provide information
verifying that the permit, or plan review, is being obtained in association with the repair and
renovation of structures damaged by the designated emergency event.
D. Nothing herein shall be interpreted or construed as a waiver of the requirement to obtain all
permits and plan reviews mandated by the Construction and Safety Codes and the Unified
Development Code adopted by the City of Englewood.
Section 2. Notice of general provisions and findings applicable to interpretation and
application of this Ordinance:
Applicability of Title 1, Chapter 2, Savings Clause. The provisions of E.M.C. Title 1, Chapter
2, Savings Clause apply to the interpretation and application of this Ordinance, unless otherwise
set forth above, including, but not limited to, the provisions regarding severability, inconsistent
ordinances or code provisions, effect of repeal or modification, and legislation not affected by
repeal.
Enforcement. E.M.C. 1-4-1 mandates that except as otherwise provided within specific Titles,
Chapters or Sections of the E.M.C., the violation of any provision of the E.M.C. shall be punished
by a fine not exceeding two thousand six hundred and fifty dollars ($2650.00) or imprisonment
for a term not exceeding three hundred sixty (360) days or both.
Safety Clauses. The Englewood City Council hereby finds, determines, and declares that this
Ordinance is promulgated under the general police power of the City of Englewood, 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 Englewood City Council further determines that the Ordinance bears a rational relation to the
proper legislative object sought to be obtained.
Introduced, read in full, and passed on first reading on the 4th day of January, 2021.
Published by Title as a Bill for an Ordinance in the City’s official newspaper on the 7th
day of January, 2021.
Published as a Bill for an Ordinance on the City’s official website beginning on the 6th
day of January, 2021 for thirty (30) days.
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Read by Title and passed on final reading on the 19th day of January, 2021.
Published by Title in the City’s official newspaper as Ordinance No. 5, Series of 2021, on
the 21st day of January, 2021.
Published by title on the City’s official website beginning on the 20th day of January,
2021 for thirty (30) days.
This Ordinance shall take effect thirty (30) days after publication following final passage.
Linda Olson, Mayor
ATTEST:
Stephanie Carlile, City Clerk
I, Stephanie Carlile, City Clerk of the City of Englewood, Colorado, hereby certify that the
above and foregoing is a true copy of the Ordinance passed on final reading and published by
Title as Ordinance No. 5, Series of 2021.
Stephanie Carlile