HomeMy WebLinkAbout2019 Ordinance No. 029ORDINANCE NO. 29
SERIES OF 2019
BY AUTHORITY
COUNCIL BILL NO. 22
INTRODUCED BY COUNCIL
MEMBER WINK
AN ORDINANCE AMENDING TITLE 11, CHAPTER 4, SECTION 2 OF
THE ENGLEWOOD MUNICIPAL CODE 2000, IN ASSOCIATION WITH
ADOPTING BY ORDINANCE CERTAIN RULES AND REGULATIONS IN
ASSOCIATION WITH ANY PARK, RESERVATION, PLAYGROUND,
BEACH/SHORELINE, OR ANY OTHER OPEN AREA IN THE CITY,
OWNED OR USED BY THE CITY AND DEVOTED OR DESIGNATED TO
ACTIVE OR PASSIVE RECREATION, EITHER ON A TEMPORARY OR
PERMANENT BASIS.
WHEREAS, Article XII of the Charter of the City of Englewood, Colorado mandates the
planning and supervision of a community recreation program and requires the City Council to
equip and maintain all parks, recreation areas and facilities owned or controlled by the City,
whether located within or outside the City;
WHEREAS, Article XII of the Charter of the City of Englewood, Colorado places the control
of all recreational programs and facilities under the direction of the City Manager;
WHEREAS, Title 1, Chapter 6, Article G, Section 1-6G-1 establishes the Department of
Parks, Recreation and Library Services and directs such department to operate and maintain the
golf course, ball fields, shelter houses, playgrounds, beach, or any other open area owned and
used by the City devoted to or designated for active or passive recreation;
WHEREAS, Title 11, Chapter 4, Section 11-4-1 defines 'park' as "[A]ny area used as a park,
reservation, playground, beach, or any other open area in the City, owned or used by the City and
devoted or designated to active or passive recreation, either on a temporary or permanent basis";
WHEREAS, Title 11, Chapter 4, Section 11-4-2 delegates to the City Manager, or his
designee, the authority to adopt and promulgate such rules and regulations, governing behavior
and conduct of persons within the parks and recreation facilities as deemed necessary;
WHEREAS, Title 11, Chapter 4, Section 11-4-2 additionally provides, the City may designate
the days and hours during which any park or recreation facility shall be open to the public and may
designate at any time any Section or part of any park or recreation facility to be closed to the
public for any interval of time, either temporarily or at regular and stated intervals and post signs
to such effect;
WHEREAS, Title 11, Chapter 4, Section 11-4-3(A) additionally provides it shall be unlawful
for any person to fail or refuse to obey any lawful order or rules and regulations of the City
Manager, or designee, or the instructions of any sign posted by the City Manager, or his designee,
unless otherwise directed by a police officer;
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WHEREAS, Certain standard rules and regulations associated with protecting the health,
safety and welfare of all persons utilizing the golf course, ball fields, shelter houses, playgrounds,
beach/shoreline, or any other open area owned and used by the City which is devoted to or
designated for active or passive recreation have been adopted by the City Manager, or the
Manager's Designee; and
WHEREAS, Incorporating standard rules and regulations into the City's Municipal Code
serves to aid in notification of the public of such rules and regulations, and improves compliance
with and enforcement of such rules and regulations.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO, AS FOLLOWS:
Section 1. Amendment of Title 1 1. Chapter 4, Section 2. Title 11, Chapter 4, Section 2
of the Englewood Municipal Code shall be amended as follows:
a. In order to have the parks and recreation facilities of this City used to the fullest extent
consistent with an orderly use, there is hereby delegated to the City Manager, or his
designee, the authority to adopt and promulgate such rules and regulations, governing
behavior and conduct of persons within the parks and recreation facilities as he deems
necessary. Notice of such rules and regulations shall be provided as appropriate. including
posting on signs and/or posting on the City's website. and/or as otherwise deemed
applicable.
b. Without in any manner limiting the foregoing authority, the City may designate the days
and hours during which 8.llj' IJark er reereatien faeility the golf course. ball fields. shelter
houses. playgrounds. beach/shoreline. or any other open area owned and used by the
City devoted to or designated for active or passive recreation shall be open to the public
and may designate at any time any Section or part of any park, er recreation facility or any
other open area owned and used by the City devoted to or designated for active or passive
recreation to be closed to the public for any interval of time, either temporarily or at regular
and stated intervals and post signs to such effect.
c. In addition to any rules or regulations adopted pursuant to subsection a. above. the
following general rules and regulations are hereby made applicable to the golf course, ball
fields. shelter houses. playgrounds. beach/shoreline. or any other open area owned and
used by the City devoted to or designated for active or passive recreation:
1. Destruction. removal or defacement of property is prohibited.
2. Use of parks. trails or open spaces is limited to the hours of 6:00 am to 11 :00 pm.
3. All dogs shall remain on leash unless within a designated and posted off-leash area.
during the hours such off-leash area is designated and posted for off-leash
use. Attaching a leash to a dog but failing to secure the leash to a responsible person
or within a responsible person's hand does not comply with this provision.
4. All persons exercising a pet animal, including dogs. shall be responsible for
immediately collecting and removing its waste. and for keeping such animal(s) under
direct control at all times.
5. Any animal brought onto a City owned or controlled property must be properly licensed
and vaccinated.
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Section 2. Notice of general provisions and findings applicable to interpretation and
application of this Ordinance:
Applicability of Title 1, Chapter 2, Saving Clause. The provisions ofE.M.C. Title I, Chapter 2,
Saving Clause apply to interpretation and application ofthis 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. Title I, Chapter 4, "General Penalty" provisions mandate that except as
otherwise provided within specific Titles, Chapters, or Sections of the Englewood Municipal
Code, the violation of any provisions of the Code, or of any secondary code adopted therein,
shall be punished by a fine not exceeding two thousand six hundred and fifty dollars ($2,650.00)
or imprisonment for a term not exceeding three hundred sixty (360) days or by both such fine
and imprisonment.
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.
Introduced, read in full, and passed on first reading on the 20th day of May, 2019.
Published by Title as a Bill for an Ordinance in the City's official newspaper on the 23 rd
day of May, 2019.
Published as a Bill for an Ordinance on the City's official website beginning on the 22"d day of
May, 2019 for thirty (30) days.
Read by Title and passed on final reading on the 10 th day of June, 2019.
Published by Title in the City's official newspaper as Ordinance No. 29, Series of 2019, on the
13th day of June, 2019.
Published by title on the City's official website beginning on the 12th day of June, 20 I 9 for thirty
(30) days.
This Ordinance shall take effect thirty (30) days after publication following final passage.
~ .·· ~ _.;:::"> ·-.. Linda Olson, Mayor
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rlile, City Clerk
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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. 29, Series of2019.
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