HomeMy WebLinkAbout2016 Ordinance No. 048I • ,
ORDINANCE NO. !!_i
SERIES OF 2016
BY AUTHORITY
COUNClL BILL NO. 46
INTRODUCED BY COUNCIL
MEMBER GlLLIT
AN ORDINANCE AMENDING TITLE 7, CHAPTER 6(B), SECTIONS 7 AND 9, OF THE
ENGLEWOOD MUNICIPAL CODE 2000 PERTAINING TO "LOITERING."
WHEREAS, in the summer of 2015 the United States District Court overturned the Grand
Junction Panhandling Ordinance, which had far reaching effects on similar ordinances in other
municipalities in Colorado including Englewood; and
WHEREAS, after the decision in Browne vs. City of Grand Junction many Colorado
communities repealed, amended or stopped enforcing their panhandling/begging ordinances
including the City of Englewood; and
WHEREAS, on August 31, 2106 the City of Englewood along with 34 other Colorado
municipalities received a letter from the ACLU demanding that the City repeal or amend its
current Panhandling Ordinance; the tone of the letter implied that the City could find itself
involved in litigation if it did not amend its ordinance; and
WHEREAS, in order to comply with the decision in Brown vs . City of Grand Junction, and
other decisions by the Federal Courts, the City Attorney's Office reviewed current ordinances
from other jurisdictions which have withstood challenges by the ACLU and have been upheld as
Constitutional; and
WHEREAS, the ordinance currently being used by the City of Durango was reviewed, and is
recommended as a model for the City of Englewood, in that it restricts a person's conduct and
not their free speech rights.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNClL OF THE CITY OF
ENGLEWOOD, COLORADO, THAT:
Section 1. The City Council of the City of Englewood, Colorado, hereby amends Title 7,
Chapter 6(B), Section 7, entitled Loitering of the Englewood Municipal Code 2000, to read as
follows:
7-68-7: Loitering.
A. It shall be unlawful to:
1. Loiter for the fHi~ose of eeggiAg; or Engage_in_aggr:essi~eJ~anhandling~
!l. As used io this Title Aggressi ve Panhandling means:
Aggressive panhandling: Any fonn of panhandling that includes any of the
following activities;
!-Knowingly touching or causiJutphysicaJ contakLWllh another person
IDthout that person's consent during the course of panhandling.
ii. Using violent, threatening, intimidating, coercive or aggressive gesturu
or conduct toward a person during the course of panhandling or in
response to a refusal by any person to give money.
iii. Using fighting words or directing violent or obscene verbal or witteo
language toward any person during the course of panhandling or in
~ponse to a refus.al by any person to give money.
iv. Taking any action that obstructs or blocks a public sidewalk, doonyay.
entryway or other passage way used by pedestrians in a public place or
that obstructs the passage or the travel of any person during the course of
panhandling in a manner that requires them to take evasive action to
avoid physical contact with any person.
x. It shall be unlawful for any person to engage in aggressive panhandling
in any public place within the City.
ri. Nothing contained in this Section shall apply to or limit any panhandling
that is conducted solely by passively standing or sitting with a sign or
other indication that one is seeking donations, without.approaching or
directing a request to any specific person.
2. Loiter in a place, at a time and in a manner not usual and appropriate for the
place, or where circumstances warrant alarm or concern for the safety of persons or
property in the vicinity. Among the circumstances which may be considered in
determining whether such alarm is warranted is the fact that such person takes flight
upon appearance of a peace officer, refuses to identify himself, or manifestly
endeavors to conceal himself, or conceal or dispose of any object. Unless flight by
the person or other circumstance makes it impracticable, a peace officer shall, prior
to any arrest for an offense under this section, afford such person an opportunity to
dispel any ala1m which would otherwise be warranted by requesting him to identify
himself and explain his presence and conduct. No person shall be convicted of an
offense under this section if the peace officer did not comply with the preceding
sentence, or if it appears at trial that the explanation given by the person was true
and, if believed by the peace officer at the time, would have dispelled the alarm; or
3. Loiter so as to interfere with the free and unobstructed use of a public way or place
by other persons.
8. For purposes of this section, "loiter" means to be dilatory, to stand idly around, to linger,
delay or wander about, or to tarry in a public place.
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Section 2. The City Council of the City of Englewood, Colorado, hereby amends Title 7,
Chapter 6(8), Section 9, entitled Begging of the Englewood Municipal Code 2000, to read as
follows:
7-6B-9: Begging:
It shall be unlawful for any person to go about from door to door of private homes or commercial
or business establishments; or to plaee himself iR of upeR any pub lie wa-y er public f!leee to beg
or receive alms for himself or for another.
Section 3. 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.
Section 4. Severahility. 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 it application to other persons or circumstances.
Section 5. Inconsistent Ordinances. All other Ordinances or portions thereof inconsistent or
conflicting with this Ordinance or any portion hereof are hereby repealed to the extent of such
inconsistency or conflict.
Section 6. 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, 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.
Section 7. Penalty. The Penalty Provision of Section 1-4-1 EMC shall apply to each and
every violation of this Ordinance.
Introduced, read in fu II, and passed on first reading on the 21st day of November, 2016.
Published by Title as a Bill for an Ordinance in the City's official newspaper on the 24th day
of November, 2016.
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Published as a Bill for an Ordinance on the City's official website beginning on the 23rd day
of November, 2016 for thirty (30) days.
Read by title and passed on final reading on the 5th day of December, 2016.
Published by title in the City's official newspaper as Ordinance No. !Ji, Series of 2016, on
the 8th day of December, 2016.
Published by title on the City's official website beginning on the 7th day of
December, 2016 for thirty (30) days.
This Ordinance shall take effect thirty (30) days after publication following final passage.
I, Loucrishia A. Ellis, 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 published by
title as Ordinance No. ~ Series of 2016.
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• COUNCIL COMMUNICATION
Date: Agenda Item: Subject:
December 5, 2016 9bi AMENDMENT OF TITLE 7-68-7 & 9:
LOITERING
Initiated By: Staff Source:
City Attorney Dugan Comer, Acting City Attorney
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
In 1985 the Englewood Municipal Code was amended to provide that it was unlawful for a
person to loiter for the purpose of begging.
RECOMMENDED ACTION
To amend the current Englewood ordinance by repealing the current language under 7-6B-7(1)
"Loiter for the purpose of begging", and to replace it with language that makes it unlawful to
engage in aggressive panhandling, and to amend 7-6B-9 with the removal of the following
language: "or to place himself in or upon any public way or public place".
• BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
In the summer of 2015, the U.S. District Court for the 10th District held in Browne v. City of
Grand Junction that the Grand Junction Ordinance banning the practice of panhandling by
loitering on street corners was unconstitutional under the 1st Amendment of the United States
Constitution. Since then, numerous Colorado communities have repealed their begging or
panhandling ordinances, amended them to prevent aggressive panhandling, or simply stopped
enforcing their current begging or panhandling ordinance. Englewood was one of the
communities that stopped enforcing its then current begging ordinance, but had not amended
the current ordinance .
In August of 2016 the ACLU sent out letters to 34 communities in Colorado essentially
demanding that those communities make an effort to repeal or amend their current ordinances,
or face possible litigation. After reviewing several other cities ordinances regarding aggressive
panhandling, and ensuring that these ordinances would pass constitutional scrutiny, it was
decided to model Englewood's new aggressive panhandling ordinance with the one currently
used by the City of Durango, which has been held to be a valid constitutional exerc ise of the
City's police powers.
FINANCIAL IMPACT
No financial impact to the City is contemplated.
LIST OF ATTACHMENTS
Proposed Bill for an Ordinance
COUNCIL COMMUNICATION
Date: Agenda Item: Subject:
November 21, 2016 9ai AMENDMENT OF TITLE 7-68-7 & 9:
LOITERING
Initiated By: Staff Source:
City Attorney Dugan Comer, Acting City Attorney
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
In 1985 the Englewood Municipal Code was amended to provide that it was unlawful for a
person to loiter for the purpose of begging.
RECOMMENDED ACTION
To amend the current Englewood ordinance by repealing the current language under 7-68-7(1)
• Loiter for the purpose of begging", and to replace it with language that makes it unlawful to
engage in aggressive panhandling, and to amend 7-6B-9 with the removal of the following
language: "or to place himself in or upon any public way or public place".
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
In the summer of 2015, the U.S. District Court for the 10th District held in Browne v . City of
Grand Junction that the Grand Junction Ordinance banning the practice of panhandling by
loitering on street comers was unconstitutional under the 1st Amendment of the United States
Constitution. Since then, numerous Colorado communities have repealed their begging or
panhandling ordinances, amended them to prevent aggressive panhandling, or simply stopped
enforcing their current begging or panhandling ordinance. Englewood was one of the
communities that stopped enforcing its then current begging ordinance, but had not amended
the current ordinance.
In August of 2016 the ACLU sent out letters to 34 communities in Colorado essentially
demanding that those communities make an effort to repeal or amend their current ordinances,
or face possible litigation. After reviewing several other cities ordinances regarding aggressive
panhandling, and ensuring that these ordinances would pass constitutional scrutiny, it was
decided to model Englewood's new aggressive panhandling ordinance with the one currently
used by the City of Durango, which has been held to be a valid constitutional exercise of the
City's police powers.
FINANCIAL IMPACT
No financial impact to the City is contemplated.
LIST OF ATTACHMENTS
Proposed Bill for an Ordinance