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Home My WebLink About2021 Ordinance No. 0541 BY AUTHORITY ORDINANCE NO. 54 COUNCIL BILL NO. 49 SERIES OF 2021 INTRODUCED BY COUNCIL MEMBER SIERRA AN ORDINANCE AMENDING TITLE 7, CHAPTER 1, ARTICLE A, SECTION 7-1A-3 OF ENGLEWOOD MUNICIPAL CODE AUTHORIZING OFF-LEASH DOG PRIVILEGES AT CERTAIN LOCATIONS DURING ESTABLISHED HOURS WHEREAS, the City of Englewood provides a unique approach to off-leash dog parks within the City, authorizing specific hours of otherwise on-leash parks for use by off-leash dogs and their owners; and WHEREAS, the City of Englewood implemented off-leash dog privileges at certain City parks when City Council adopted Resolution No. 4, Series of 2002; and WHEREAS, on October 19, 2009, after numerous complaints from residents regarding off-leash dogs at Jason Park, City Council approved specific authorized off- leash hours for the following parks: Jason, Centennial, Duncan, and the Northwest Greenbelt; and WHEREAS, the Parks and Recreation Commission formed the Off-Leash Dog Sub-Committee in October 2018 due to increased complaints from Englewood residents about the off-leash dog park program; and WHEREAS, between November 2018 and April 2019, the Sub-Committee met with Englewood Code Enforcement, Englewood Unleashed and Pirate Youth Sports to discuss off-leash dog parks within the City; and WHEREAS, on March 30, 2020, City Council asked for a recommendation regarding the off-leash dog program after City Staff presented on the current off-leash program, public education efforts, and enforcement of off-leash dog rules; and WHEREAS, on July 20, 2020, City Council requested further study and recommendations regarding off-leash dog parks so the Off-Leash Task Force was established; and WHEREAS, the Off-Leash Task Force convened five times, and on December 14, 2020, recommended to City Council that the City issue a survey to gauge resident support for off-leash dog parks; and DocuSign Envelope ID: 709391CD-EF67-4AA3-AEA6-224097FA7EBE 2 WHEREAS, on April 26, 2021, after receipt of survey results, City Council recommended the Off-Leash Task Force discuss the survey results and possible recommendations for the off-leash program; and WHEREAS, on June 9, 2021, the Off-Leash Task Force reconvened to review options for the off-leash program; and WHEREAS, on August 10, 2021 the Parks and Recreation Commission Sub- Committee met to discuss survey findings and Off-Leash Task Force data; and WHEREAS, City Council scheduled various study sessions to consider these results and recommendations, along with extensive additional public comment regarding this issue; and WHEREAS, on the 4th day of October, 2021, City Council adopted Resolution No. 36, Series of 2021 establishing off-leash dog privileges at the following City parks: Duncan, Jason, Northwest Greenbelt, and Canine Corral; and WHEREAS, City Council desires to implement these off-leash dog regulations into Englewood Municipal Code to ensure citizens receive notice and the opportunity to challenge by referendum. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. Amendment of Englewood Municipal Code Title 7, Chapter 1, Article A, Section 4-4-5-2 of Englewood Municipal Code (“EMC”) is hereby amended to read as follows (new provisions in italics, deleted provisions struck through): 7-1A-3: Running at Large. A. It shall be unlawful for any domesticated animal owner to allow such animal to run at large. B. Exceptions. Despite the above prohibition, an owner may allow a dog to run at large (off leash) only at the following public parks within the City of Englewood: 1. Jason Park, on the north side of the park only, as separated by fencing from the south/playground area; but in the northwest corner of the park only, when north to south temporary fencing is installed to separate the off-leash portion of the park from areas used for youth sports or other events; and only during the hours of 6 a.m. to 11 a.m. and 6 p.m. to 11 p.m. (with hours expanded to 6 a.m. to 11 p.m. from November 1 through February 28). DocuSign Envelope ID: 709391CD-EF67-4AA3-AEA6-224097FA7EBE 3 2. Duncan Park, on the north side of the park only, separated by fencing from the south/playground area of the park; and only during the hours of 6 a.m. to 11 a.m., and 6 p.m. to 11 p.m. (with hours expanded to 6 a.m. to 11 p.m. from November 1 through February 28). 3. Northwest Greenbelt, the entire park, but only during the hours of 6 a.m. to 11 a.m., and 6 p.m. to 11 p.m. (with hours expanded to 6 a.m. to 11 p.m. from November 1 through February 28). 4. Canine Corral, the entire fenced-in area of the park, hours unrestricted. Section 2. Applicability of Municipal Code During Authorized Off-Leash Hours All other provisions of Englewood Municipal Code regarding animals shall apply to the parks described above even during off-leash hours, including, but not limited to, EMC 7-1A-2: "At-Risk" and "Dangerous" Behavior Prohibited; and EMC 7-1A-10: Removal of Excrement; Damage to Shrubbery or Plants (requiring owners to immediately remove excrement and prohibiting damage to park landscaping by the dog). Section 3. Revocation of Prior Off-Leash Privileges City Council specifically considered and hereby revokes all off-leash dog privileges at Centennial Park, and does not provide for off-leash privileges at Cushing Park and Emerson Park. To that end, except as specifically authorized in Section 1 above, pursuant to EMC 7-1A-3: Running at Large, all dogs are prohibited from running at large, including at all other City-owned parks, at non-designated areas of Jason Park and Duncan Park, and outside of the specifically-authorized off-leash hours described in Section 1 above. Section 4. Public Notification Pursuant to EMC 11-4-2 and EMC 11-4-3, the City Manager or the City Manager’s designee shall develop Park Rules and Regulations and install signage consistent with the provisions of this Ordinance, and take all other actions necessary to effectuate Englewood Municipal Code as modified herein. Section 5. General Provisions Applicable to this Ordinance The following general provisions and findings are applicable to the interpretation and application of this Ordinance: A. 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, impair or invalidate the remainder of this Ordinance or its application to other persons or circumstances. B. Inconsistent Legislative Action. All other Ordinances, Resolutions, City Park Rule or Regulation, legislative action, or any portion thereof inconsistent or conflicting with this Ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict. C. Effect of repeal or modification. The repeal or modification of any provision of the Code of the City of Englewood by this Ordinance shall not release, extinguish, alter, DocuSign Envelope ID: 709391CD-EF67-4AA3-AEA6-224097FA7EBE 4 modify, or change in whole or in part any penalty, forfeiture, or liability, either civil or criminal, which shall have been incurred under such provision, and each provision shall be treated and held as still remaining in force for the purposes of sustaining any and all proper actions, suits, proceedings, and prosecutions for the enforcement of the penalty, forfeiture, or liability, as well as for the purpose of sustaining any judgment, decree, or order which can or may be rendered, entered, or made in such actions, suits, proceedings, or prosecutions. D. Safety Clauses. The 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 City Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be obtained. This Safety Clause is not intended to affect a Citizen right to challenge this Ordinance through referendum pursuant to City of Englewood Charter 47. E. Effective Date. To provide for sufficient time for Referendum and notification to the public, the provisions of this Ordinance shall become effective on January 1, 2022. Introduced, read in full, and passed on first reading on the 18th day of October, 2021. Published by Title as a Bill for an Ordinance in the City’s official newspaper on the 21st day of October, 2021. Published as a Bill for an Ordinance on the City’s official website beginning on the 20th day of October, 2021 for thirty (30) days. Read by Title and passed on final reading on the 1st day of November, 2021. Published by Title in the City’s official newspaper as Ordinance No. 54, Series of 2021, on the 4th day of November, 2021. Published by title on the City’s official website beginning on the 3rd day of November, 2021 for thirty (30) days. This Ordinance shall take effect thirty (30) days after publication following final passage. Linda Olson, Mayor DocuSign Envelope ID: 709391CD-EF67-4AA3-AEA6-224097FA7EBE 5 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. 54, Series of 2021. Stephanie Carlile DocuSign Envelope ID: 709391CD-EF67-4AA3-AEA6-224097FA7EBE