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Home My WebLink About2014 Ordinance No. 024. . . • ORDINANCE N0.2!/ SERIES OF 2014 BY AUTHORITY COUNCIL BILL NO. 26 INTRODUCED BY COUNCIL MEMBER GIL.LIT AN ORDINANCE AMENDING TITLE 7, CHAPTER 6B, OF THE ENGLEWOOD MUNICIPAL CODE BY DELETING SUBSECTION A(2) REGARDING LOITERING ON SCHOOL BUILDINGS OR GROUNDS. WHEREAS, in 1985 the Englewood City Council enacted 7-6B-7(A)(2) making it illegal to loiter in or about a school building or grounds; and WHEREAS, during research into loitering issues surrounding prohibited conduct on Englewood Environmental Foundation, Inc., property it was discovered that the State Statute C.R.S. 18-9-l 12(2)(d) which was used as the model for the language in the City's ordinance at Subsection (A)(2) was held to be unconstitutional by the Colorado Supreme Court in People v. C.M., 630 P.2d 593 (Colo. 1981); and WHEREAS, The City Council of the City of Englewood, Colorado deems it in the best interest of the City to update the Code and to bring it in line with the Colorado Supreme Court's decision in People v. C.M. 630 P .2d 593 (Colo. 1981 ) . NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section 1. The City Council of the City of Englewood, Colorado hereby authorizes amending Title 7, Chapter 6B, Section 7, entitled Loitering of the Englewood Municipal Code 2000, to read as follows: 7-6B-7: Loitering. A. It shall be unlawful to: 1. Loiter for the purpose of begging; or ~ Leiter ia er aeeut a sekeel auileliHg er greHBds, aet ha•r.1'lg aay reasoa er relatieRShip i1Pi•eh,;A'lg eustecly ef er respeHSiaility fer a pupil, er aey ether speeifie aad legitimate reasea fer aeiag there, aad net l¼a•i.:Hg ·Nrittea peamssiea fi:01B a seaeol administrater; er J~. 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 1 9 b i alarm 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 alann. 4J.. Loiter so as to interfere with the free and unobstructed use of a public way or place by other persons. B. For purposes of this section, 11loiter11 means to be dilatory, to stand idly around, to linger, delay or wander about, or to tarry in a public place. Section 2. 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 3. 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 it application to other persons or circumstances. Section 4. 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 5. Effect ofrepeal 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 6. Penalty. The Penalty Provision of Section 1-4-1 EMC shall apply to each and every violation of this Ordinance. Introduced. read in full, and passed on first reading on the 5th day of May, 2014. Published by Title as a Bill for an Ordinance in the City's official newspaper on the 9 th day of May, 2014. 2 • . , Published as a Bill for an Ordinance on the City's official website beginning on the 7th day of May, 2014 for thirty (30) days. Read by title and passed on final reading on the 19th day of May, 2014. Published by title in the City's official newspaper as Ordinance No~ Series of 2014, on the 23"' day of May, 2014. Published by title on the City's official website beginning on the 21 51 day of May, 2014 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~ !1}le copy of the Ordinance passed on final reading and published by title as Ordinance No.~ Series of 2014. ..,.____._____,~~ 3 • COUNCIL COMMUNICATION Date: Agenda Item: Subject: May 5, 2014 11 a ii Amendment of 7-68-7(A)(2): Loitering Initiated By: City Attorney Staff Source: Dugan Comer, Prosecuting Attorney COUNCIL GOAL AND PREVIOUS COUNCIL ACTION The current ordinance in subsection (A) (2) uses language taken from the State Statute C.R.S. 18-9-112(2) (d), and prohibits loitering in or about a school building or grounds. RECOMMENDED ACTION To approve a bill for an ordinance to remove Title 7, Chapter 6B, Subsection (A)(2) of the Englewood Municipal Code. The State section was held unconstitutional by the Colorado Supreme Court in People v C.M., 630 P.2d 593 (Colo. 1981). BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED In reviewing and researching issues surrounding the current signage defining prohibited behavior and conduct on Englewood Environmental Foundation, Inc. property, the City undertook a review of its current loitering ordinance, and discovered that the language of Title 7, Chapter 68, Subsection (A)(2) was identical to the language that was previously used in the State Statute, C.R.S. 18-9-112(2)(d). Further research into the case law regarding loitering laws and ordinances revealed that in 1981 the Colorado Supreme Court had held subsection (2)(0) of the State Statute was unconstitutional. In order to conform the current City ordinance to this Colorado Supreme Court decision, and to avoid challenges to the City's ordinance as currently written, the deletion of subsection (A)(2), of Title 7, Chapter 68 is strongly recommended. There are no alternatives identified. FINANCIAL IMPACT No financial impact to the City is contemplated. LIST OF ATTACHMENTS Proposed Bill for an Ordinance