HomeMy WebLinkAbout2014 Ordinance No. 025•
BY AUTHORITY
ORDmANCE NO. ;J..?
SERIES OF 2014
COUNCIL BILL NO. 27
INTRODUCED BY COUNCIL
MEMBER GILLIT
AN ORDINANCE AMENDmG TITLE 7, CHAPTER 3, OF THE ENGLEWOOD MUNICIPAL
CODE 2000 BY THE ADDITION OF A NEW SECTION 6, ENTITLED DETERMJNATION OF
FEES.
WHEREAS, 24-72-306( 1) C.R.S. allows fees to be charged for the search, retrieval and
copying of Criminal Justice Records; and
WHEREAS, 16-22-108(6) C.R.S. mandates that persons who are subject to mandatory
registration with the Police Department as sex offenders shall bear the cost of the photograph or
image and fingerprinting required for registration; and
WHEREAS, the cost of registering sex offenders and responding to requests from the public
for information on registered sex offenders are substantial and should be reimbursed to the City;
and
WHEREAS, the passage of this Ordinance will amend the Englewood Municipal Code stating
that the determination of these fees shall be set by resolution.
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 3, by adding a new Section 7, entitled Determination of Fees of the Englewood
Municipal Code 2000, to read as follows:
7-3: Prohibited Residency of Sex Offenders.
7-3-6; Determination of Fees.
The City Council shan detennine and set all fees required for the registration of sex offenders by
resolution.
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.
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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 of reqeal ox modificati-On. The repeal o r m odificatio n o f any p rovision o f
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.
P ublished by Title as a Bill fo r an Ordinanc e in the City's official newspape r o n the 9 th day of
May, 2014.
Published as a Bill for an Ordinance on the City's official website beginning on the 7th day o f
May, 2014 for thirty (3 0) days.
Read by title and passed on fmal 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 23rc1 day of May, 2014.
Published by title on the City's official website beginning on the 21 st day of
May, 2014 for thirty (30) days.
This Ordinance shall take effect thirty (30) days after publication following final passage.
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• I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the
above and foregoing is ~!,!)le copy of the Ordinance passed on final reading and published by
title as Ordinance No.~ Series of 2014.
~ffef
· Loucrishia A. Ellis
• COUNCIL COMMUNICATION
Date: Agenda Item: Subject:
May 5, 2014 11 a i Bill for an Ordinance Adding Section 6 to Title 7, Chapter
5 of the Englewood Municipal Code
Initiated By: Staff Source:
Finance and Administrative Services Department Frank Gryglewicz, Director
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
City Council has not discussed this particular issue but on July 12, 2004 Council approved Resolution 77,
Series of 2004 establishing fees and charges related to the registration of sex offenders.
RECOMMENDED ACTION
Staff recommends City Council approve the attached Bill for an Ordinance adding Section 6 to Title 7,
Chapter 5 of the Englewood Municipal Code. Section 6 adding language regarding the method used
(resolution) for setting fees and charges related to the registration of sex offenders. The proposed addition
follows:
-7-3-6 Determination of Fees
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The City Council shall determine and set all fees required for the registration of sex offenders by resolution.
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
N/A
FINANCIAL IMPACT
Funds collected for registering sex offenders are collected and used to offset the cost of administering the
registering of sex offenders in the City of Englewood.
LIST OF ATTACHMENTS
Proposed Bill for an Ordinance