HomeMy WebLinkAbout2022 Ordinance No. 0361
BY AUTHORITY
ORDINANCE NO. 36 COUNCIL BILL NO. 36
SERIES OF 2022 INTRODUCED BY COUNCIL
MEMBER NUNNENKAMP
AN ORDINANCE AMENDING CERTAIN PUBLIC OFFENSE CODE
SECTIONS OF ENGLEWOOD MUNICIPAL CODE TO MIRROR STATE
STATUTE AND ENSURE COMPLIANCE WITH APPLICABLE LAW.
WHEREAS, the City of Englewood, as a home-rule city, has authority to enact ordinances
on and regulate matters of both local and statewide concern when the ordinances and state statutes
do not conflict, and
WHEREAS, multiple sections of the Englewood Municipal Code are generally reflective
of statutes under Title 18 “Criminal Code” of the Colorado Revised Statutes, and
WHEREAS, various statutes under Title 18 “Criminal Code” of the Colorado Revised
Statutes have recently been amended by case law and the state legislature, including
reclassification of certain crimes as felonies and civil infractions, neither of which can be filed in
Englewood Municipal Court, and
WHEREAS, the City desires to amend these EMC sections 6-1-10, 7-6A-1, 7-6A-2, 7-
6A-3, 7-6A-4, 7-6A-6, 7-6B-1, 7-6F-4, 7-6F-6, and 7-6F-9, and repeal sections 7-6F-8 and 7-7-1,
in order to mirror Colorado statute and provide clarity of offenses for filing in Englewood
Municipal Court.
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 6, Chapter 1, Section 6-1-10 of Englewood Municipal Code is hereby amended to read as
follows (new provisions in italics, deleted provisions struck through):
6-1-10: - FurnishingPurchase of Tobacco Products to by Minors; Sale of Tobacco Products
in Vending Machines.
A. It shall be unlawful for any person to knowingly furnish to any person under eighteen
(18) years of age, by gift, sale, or any other means, any cigarettes or tobacco products as defined
in Section 39-28.5-101(5) Colorado Revised Statutes, and upon being convicted thereof shall be
punished as provided in Section 1-4-1 Englewood Municipal Code 2000.
AB. It is unlawful for any person under the age of twenty-one (21) eighteen (18) years of age
to purchase any cigarettes or tobacco products as defined in C.R.S. § 18-13-121 Section 39-28.5-
101(5) Colorado Revised Statutes, and, upon conviction thereof, shall be punished as provided in
Section 1-4-1B, Englewood Municipal Code 2000.
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BC. It isshall be unlawful for any person to sell or offer to sell any smokeless tobacco product
by use of a vending machine or other coin-operated machine, and upon conviction therefor shall
be punished as provided in Section 1-4-1, Englewood Municipal Code 2000.
CD. Any person who sells or offers to sell any cigarettes or tobacco products, other than a
smokeless tobacco product, by use of a vending machine or any other coin-operated machine
shall which does not display a warning sign, as specified in this paragraph CD, upon conviction
therefor, shall be punished as provided in Section 1-4-1, Englewood Municipal Code 2000. Said
warning sign shall be displayed in a prominent place on such machine at all times, shall have a
minimum height of three inches (3″) and a width of six inches (6″), and shall read as follows:
WARNING
IT IS ILLEGAL FOR ANY PERSON UNDER TWENTY-ONE EIGHTEEN YEARS OF AGE
TO PURCHASE CIGARETTES AND TOBACCO PRODUCTS AND, UPON CONVICTION,
SHALL BE PUNISHED AS PROVIDED IN SECTION 1-4-1B ENGLEWOOD MUNICIPAL
CODE 2000
Any violation of the provisions of this paragraph D shall not constitute a violation of any other
provisions of this Section.
Section 2. Amendment of Englewood Municipal Code
Title 7, Chapter 6, Article A, Sections 7-6A-1, 7-6A-2, 7-6A-3, 7-6A-4, and 7-6A-6 of
Englewood Municipal Code are hereby amended to read as follows (new provisions in italics,
deleted provisions struck through):
7-6A-1: - Menacing.
A. No person shallIt shall be unlawful for a person, by any threat or physical action, to
knowingly place or attempt to place another person in fear of imminent bodily injury.
B. As used in this Article, bBodily injury means any physical pain, illness or any
impairment of physical or mental condition.
7-6A-2: - Assault.
No person shall It shall be unlawful for a person to intentionally, knowingly or recklessly
cause bodily injury (as defined in E.M.C. § 7-6A-1(B)) to another person. Bodily injury is
defined in Section 7-6A-1B.
7-6A-3: - Recklessly Endangering Another Person.
No person shall It shall be unlawful for a person to recklessly engage in conduct which creates a
substantial risk of serious bodily injury to another person. As used herein, serious bodily injury
means bodily injury which, either at the time of the actual injury or at a later time, involves a substantial
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risk of death, a substantial risk of serious permanent disfigurement, a substantial risk of protracted loss
or impairment of the function of any part or organ of the body, or breaks, fractures, or burns of the
second or third degree.
Bodily injury is defined in Section 7-6A-1B.
7-6A-4: - Harassment.
A. No person shallA person commits harassment if, with intent to harass, annoy, or alarm
another person, he or she:
1. Strikes, shoves, kicks or otherwise touches a person or subject thems him or her to
physical contact; or
2. In a public place directs obscene language or makes an obscene gesture to or at another
person; or
3. Follows a person in or about a public place.; or
4. Directly or indirectly iInitiates communication with a person or direct language toward
another person, anonymously or otherwise, by telephone, telephone network, data network, text
message, instant message, computer, computer network, or computer system, or other interactive
electronic medium (collectively “interactive medium”) in a manner intended to harass or threaten
bodily injury or property damage, or makes any obscene comment, request, suggestion, or
proposal by telephone, computer, computer network, or computer system any interactive medium
which is obscene; or
5. Makes a telephone call or causes a telephone to ring repeatedly, whether or not a
conversation ensues, with no purpose of legitimate conversation; or
6. Make repeated communications at inconvenient hours that invade the privacy of another
and interfere in the use and enjoyment of another's home or private residence or other private
property; or
7. Repeatedly insults, taunts, or challenges, or makes communications in offensively coarse
language to another in a manner likely to provoke a violent or disorderly response.
B. 1. As used in this Section, Unless the context otherwise requires, "obscene" means a patently
offensive description of ultimate sexual acts or solicitation to commit ultimate sexual acts,
whether or not said ultimate sexual acts are normal or perverted, actual or simulated, including
masturbation, cunnilingus, fellatio, anilingus, or excretory functions.
C2.Any act committed through an interactive medium prohibited by foregoing subparagraphs A1
and A2 of this Section may be deemed to have occurred or to have been committed at the place
at which the communication telephone call, or computer, computer network, or computer system,
was either made or received.
D. Legally exercising rights protected by applicable law is not a violation of this section.
C. Stalking. A person commits stalking if directly, or indirectly through another person,
such person knowingly:
1. Makes a credible threat to another person and, in connection with such threat, repeatedly
approaches, contacts, or places under surveillance that person, a member of that person's
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immediate family, or someone with whom that person has or has had a continuing relationship;
or
2. Makes a credible threat to another person and, in connection with such threat, repeatedly
makes any form of communication with that person, a member of that person's immediate
family, or someone with whom that person has or has had a continuing relationship, regardless of
whether or not a conversation ensues.
3. Repeatedly follows, approaches, contacts, places under surveillance, or makes any form
of communication with another person, a member of that person's immediate family, or someone
with whom that person has or has had a continuing relationship in a manner that would cause a
reasonable person to suffer serious emotional distress. For purposes of this Subsection 3, a victim
need not show that he or she received professional treatment or counseling to show that he or she
suffered a serious emotional distress.
a. For the purposes of this Subsection 3:
i. Conduct "in connection with" a credible threat means acts which further, advance,
promote or have a continuity of purpose, and may occur before, during or after the credible
threat;
ii. "Credible Threat". Means a threat, physical action, or repeated conduct that would cause
a reasonable person to be in fear for the person's safety or the safety of his or her immediate
family, or someone with whom that person has or has had a continuing relationship. Such threat
need not be directly expressed if the totality of the conduct would cause a reasonable person such
fear.
iii. "Repeated" or "Repeatedly" means on more than one occasion.
7-6A-6: - Impersonations Impersonating a Public Servant.
A. Impersonating a Public Servant. It shall be unlawful for a person to falsely pretend to
hold a position in the public service with the purpose toof induceinducing another to submit to
such pretended official authority or otherwise to act in reliance upon that pretense.
B. Impersonating an Officer. It shall be unlawful for any person other than an official police
officer of the City to wear the uniform, apparel or any other insignia of office like or similar to,
or a colorful imitation of that adopted and worn by the official police officers of the City.
Section 3. Amendment of Englewood Municipal Code
Title 7, Chapter 6, Article B, Section 7-6B-1 of Englewood Municipal Code is hereby amended
to read as follows (new provisions in italics, deleted provisions struck through):
7-6B-1: -Disorderly Conduct.
A. It shall be unlawful for any person to engage in disorderly conduct in the City, by. A
person commits disorderly conduct if he or she knowingly or intentionally or recklessly:
1. Abuses or threatens another person in a public place in an obviously offensive manner.
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21. Makes a coarse and obviously offensive utterance, gesture or display in a public place
which tends to incite aan immediate breach of the peace.; or
32. Makes unreasonable noise in a public place or near a private residence which the person
he or she has no right to occupy.; or
43. Fights with another in a public place, except for professional or amateur contests of
athletic skill.; or
4. Not being a peace officer, discharges a firearm in a public place except when engaged in
lawful target practice or hunting or the ritual discharge of blank ammunition cartridges as an
attendee at a funeral for a deceased person who was a veteran of the armed forces of the United
States; or
5. Not being a peace officer, displays a real or simulated firearm, displays any article used
or fashioned in a manner to cause a person to reasonably believe that the article is a firearm, or
represents verbally or otherwise that he or she is armed with a firearm in a public place in a
manner calculated to alarm and does alarm another person.
B. It shall be unlawful for any person to disturb or disquiet any congregation or lawful
assemblage, procession or gathering of persons by rude or indecent behavior, or discourse, or by
loud, or violent conduct within their place of assemblage, or procession, or gathering, or so near
the same as to disturb the order of the same. to prevent or disrupt any lawful meeting,
procession, or gathering, by significantly obstructing or interfering with the meeting, procession,
or gathering by physical action, verbal utterance, or any other means.
C. It shall be unlawful for any person to disquiet or disturb any congregation or assembly for
religious worship by making a noise or by rude or indecent behavior, or profane discourse within
their place of worship or so near the same as to disturb the order of solemnity of the meeting.
Section 4. Amendment of Englewood Municipal Code
Title 7, Chapter 6, Article F, Sections 7-6F-4, 7-6F-6, and 7-6F-9 of Englewood Municipal Code
is hereby amended to read as follows (new provisions in italics, deleted provisions struck
through):
7-6F-4: - Petty Theft.
A. It shall be unlawful for any person knowingly to: obtain, retain, or exercise control over
goods or services valued at anything of the value of less than five hundred one thousand dollars
($500.00 1,000.00) of another without authorization or by threat or deception;, or receive, loan
money by pawn or pledge on, or dispose of anything of value or belonging to another knowing or
believing said thing of such value to have been stolen;, when the person who so obtained or
exercises control over such thing of such value or procure food or accommodations from a public
establishment without making payment therefore, and:
1. Intends to deprive such the other person permanently of the use or benefit of such the thing
of value; or
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2. Knowingly uses, conceals or abandons such the thing of value as to deprive such the other
person permanently of the use or benefit of the same; or
3. Uses, conceals, or abandons the thing of value intending that such use, concealment or
abandonment will deprive the other person permanently of its use or benefit; or
4. Demands any consideration to which such the person is not legally entitled as a condition
of restoring such the thing of value to such the other person.; or
5. Knowingly retains the thing of value more than seventy-two hours after the agreed-upon
time of return in any lease or hire agreement.
B. The court shall consider, as part of any restitution ordered, the loss of revenue proximately
resulting from the violation and/or failure to timely return the property involved.
7-6F-6: - Posters, Posting and Destruction.
A. Unless permission is obtained from the owner, agent or occupant, no personal shall stick,
post, or paste any handbill, poster, placard, painted or printed matter or sign which shall be
stuck, posted or pasted upon any public or private house, store or other buildings, or upon any
fence, power pole, telephone pole or other structure, without the permission of the owner, agent
or occupant, shall be deemed a nuisance.
B. It shall be unlawful for any person to either wilfully, maliciously, wantonly, negligently
or in any manner tear down, deface or cover up any posted advertisement or bill of any person
when the same is lawfully erected or posted in harmony with the provisions of this Code.
7-6F-9: - Bad Checks.
A. Statement of Purpose. Because the issuance and delivery of a known bad check by any
person is, in itself, harmful to the person to whom it is given and also injurious to the City at large,
the City Council declares, as a matter of policy, that such issuance and delivery of a known bad
check is a proper subject for criminal sanction without regard to the purpose for which said check
was given.
A. Offense Enumerated. It is a violation of this Section, punishable as provided in Englewood
Municipal Code Section 1-4-1, for a No person, with intent to defraud, shall to issue or to pass a
check for the payment of money less than five hundred two thousand dollars ($5002,000.00)
knowing that the drawee account has issuer does not have insufficient funds in or on deposit with
the drawee for the payment in full of the check or order as well as all other checks outstanding at
the time of issuance.
BD. Knowledge. This section does not relieve the prosecution from the necessity of establishing
the required knowledge by evidence. However, for the purposes of this section, The issuer's
Knowledge of insufficient funds is presumed, except in the case of a postdated check or order, if:
1. The issuer has no account with the drawee at the time the check or order is issued; or
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2. The issuer's account with the drawee is in the status of "account closed" and notice thereof
has been dispatched to the issuer's address on record with the drawee in time for delivery to the
issuer prior to the issuance of the check or order; or
32. The issuer has insufficient funds upon deposit with the drawee to pay the check or order
upon presentation within thirty (30) days after issue.
CE. Evidence. A bank or other drawee shall not be civilly or criminally liable for releasing
information relating to the issuer's account information to an Englewood police officer or other ,
the Englewood City Attorney, Englewood Assistant City Attorney or authorized investigator for
the City of Englewood City Attorney investigating or prosecuting a violation of charge under this
Section.
D. If deferred prosecution is ordered, the court as a condition of supervision shall require the
defendant to make restitution on all checks unpaid.
B.E. As used in this section, terms shall be defined as followsDefinitions. In the construction of
this section, the following definitions shall be observed, unless the context clearly indicates
otherwise:
1. Check: A written and signed unconditional order to pay a sum certain in money held by a
drawee, drawn upon a bank, payable on demand and signed by the drawer, including negotiable
or transferable instruments drawn on a negotiable order of withdrawal or share draft account ;
"check" also includes a negotiable order of withdrawal and a share draft.
2. Drawee: The bank upon which a check is drawn or a A bank, savings and loan association,
industrial bank or credit union upon which a check, negotiable order of withdrawal or a share draft
is drawn.
3. Insufficient Funds: Lacking Not having a sufficient balance in account with a bank or other
drawee for the payment of all outstanding checks or orders when presented for payment within
thirty (30) days after issue.
4. Issue: A person issues a check when he To makes, draws, delivers or passes a check, it or
cause a checks it to be made, drawn, delivered or passed.
Negotiable Order of Withdrawal and Share Draft: Negotiable or transferable instruments drawn
on a negotiable order of withdrawal account or a share draft amount account, as the case may be,
for the purpose of making payments to a third person or otherwise.
Negotiable Order of Withdrawal Account: Not limited to, an account in a bank, savings and loan
association or industrial bank, and "share draft account" means, but is not limited to, an account in
a credit union on which payment of interest or dividends may be made on a deposit with respect
to which the bank, savings and loan association, or industrial bank or the credit union, as the case
may be, may require the depositor to given notice of an intended, withdrawal not less than thirty
(30) days before the withdrawal is made, even though in practice such notice is not required and
the depositor is allowed to make withdrawal by negotiable order of withdrawal or share draft.
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Section 5. Repeal of Englewood Municipal Code
Title 7, Chapter 6, Article F, Section 7-6F-8, and Title 7, Chapter 7, Section 7-7-1 of Englewood
Municipal Code are hereby repealed in full (repealed provisions struck through):
7-6F-8: - Obtaining Services or Goods by Fraud.
A. It shall be unlawful for any person to obtain services, which are valued at five hundred
dollars ($500.00), which he knows are available only for compensation, by deception or threat or
by false token or other means to avoid payment for the service. "Services" include labor,
professional service, telephone or other public service, accommodation in hotels, restaurants or
elsewhere, admission to exhibitions, use of vehicles or other movable property. When
compensation for service is ordinarily paid immediately upon the rendering of such service, as in
the case of hotels and restaurants, refusal to pay or absconding without payment or offer to pay
gives rise to a presumption that the service was obtained by deception as to intention to pay.
B. It shall be unlawful for any person having control over the disposition of services of others,
to which he is not entitled, to divert such services to his own benefit or the benefit of another not
entitled thereto.
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.
Section 6. 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 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.
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, 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
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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. Publication. Publication of this Ordinance may be in the City’s official newspaper, the
City’s official website, or both. Publication shall be effective upon the first publication by either
authorized method.
F. Actions Authorized to Effectuate this Ordinance. The Mayor is hereby authorized and
directed to execute all documents necessary to effectuate the approval authorized by this
Ordinance, and the City Clerk is hereby authorized and directed to attest to such execution by the
Mayor where necessary. In the absence of the Mayor, the Mayor Pro Tem is hereby authorized to
execute the above-referenced documents. The execution of any documents by said officials shall
be conclusive evidence of the approval by the City of such documents in accordance with the terms
thereof and this Ordinance. City staff is further authorized to take additional actions as may be
necessary to implement the provisions of this Ordinance.
G. Enforcement. To the extent this ordinance establishes a required or prohibited action
punishable by law, unless otherwise specifically provided in Englewood Municipal Code or
applicable law, violations shall be subject to the General Penalty provisions contained within
EMC § 1-4-1.
Read by Title and passed on final reading on the 15th day of August, 2022.
Published by Title in the City’s official newspaper as Ordinance No. 36, Series of 2022,
on the 18th day of August, 2022.
Published by title on the City’s official website beginning on the 17th day of August,
2022 for thirty (30) days.
This Ordinance shall take effect thirty (30) days after publication following final passage.
Othoniel Sierra, Mayor
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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. 36, Series of 2022.
Stephanie Carlile
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