HomeMy WebLinkAbout2022 Ordinance No. 0391
BY AUTHORITY
ORDINANCE NO. 39 COUNCIL BILL NO. 40
SERIES OF 2022 INTRODUCED BY COUNCIL
MEMBER WOODWARD
AN ORDINANCE AMENDING TITLE 1, CHAPTER 7, SECTIONS 1-7A-5
AND 1-7A-9 OF THE ENGLEWOOD MUNICIPAL CODE TO REDUCE
ARRESTS AND IMPROVE EFFICIENCY IN THE SERVICE OF
PROCESS FOR MUNICIPAL COURT.
WHEREAS, Englewood Municipal Code § 1-7A-8 allows the Municipal Court Clerk or
any authorized agent of the court to issue a summons and/or warrant against a defendant; and
WHEREAS, Englewood Municipal Code § 1-7A-9 currently only authorizes a police
officer to serve (i.e. deliver) a summons or subpoena; and
WHEREAS, unlike Colorado Rules of Criminal Procedure 9(a)(3), Englewood
Municipal Code § 1-7A-5 currently does not provide an avenue by which a Court can withdraw
an arrest warrant and/or issue a summons in lieu of a warrant; and
WHEREAS, providing this additional authority allows a defendant to avoid arrest and
instead, simply receive documents regarding new criminal charges and voluntarily appear
without arrest; and
WHEREAS, in practice, when a person needs to be served a document at Municipal
Court, the Court Clerk must contact Englewood Police Department to secure a police officer to
appear in Court and hand the person a document; and
WHEREAS, to increase efficiency, and avoid the requirement that those requiring
service of documents wait until a police officer arrives, Englewood Municipal Code should be
revised to allow issuance of a summons instead of a warrant and expand the persons authorized
to serve (i.e.) hand a subpoena or summons for Municipal Court matters so that Court and
Prosecution staff can hand the documents to the person.
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 1, Chapter 7A, Section 1-7A-9 of Englewood Municipal Code is hereby amended to read as
follows (new provisions in italics, deleted provisions struck through):
1-7A-9: Service of Process.
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Any summons or subpoena issued in accordance with this article shall be served by delivering a
copy thereof to the person named in such summons or subpoena and may be served in any case
by any peace police officer of the City, employee of Englewood Municipal Court or Englewood
Municipal Prosecutor’s Office, or by any person authorized to serve process under Colorado
Rule of Civil Procedure Rule 4(d), or in any particular case or cases, by any persons designated
by the court for that purpose.
Section 2. Amendment of Englewood Municipal Code
Title 1, Chapter 7A, Section 1-7A-5 of Englewood Municipal Code is hereby amended to read as
follows (new provisions in italics, deleted provisions struck through):
1-7A-5: Warrants.
A. Service of Search Warrant. The official inspector making the inspection under a search
the warrant shall give to the owner or occupant of the structure, premises or property inspected,
a copy of the search warrant, providing such person is available at the premises at the time of
inspection or search.
B. Contents of Warrants. Each Municipal Court warrant shall state the name of the
defendant, the sections and code or ordinances alleged to have been violated, the date and
place of the alleged violation, and that the defendant is alleged to have committed the offense.
C. Summons in Lieu of Warrant. Unless a law enforcement officer presents in writing a
basis to believe there is a significant risk of flight or that the victim’s or public’s safety may be
compromised, when the prosecuting attorney so recommends, the court may withdraw any
outstanding arrest warrant and issue a summons instead of a warrant. The court further has
discretion to withdraw any other outstanding warrants issued by the court, when a defendant
voluntarily appears before the court.
Section 3. 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
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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.
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.
Introduced, read in full, and passed on first reading on the 15th day of August, 2022.
Published by Title as a Bill for an Ordinance in the City’s official newspaper on the 18th
day of August, 2022.
Published as a Bill for an Ordinance on the City’s official website beginning on the 17th
day of August, 2022 for thirty (30) days.
Read by Title and passed on final reading on the 6th day of September, 2022.
Published by Title in the City’s official newspaper as Ordinance No. 39, Series of 2022,
on the 8th day of September, 2022.
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Published by title on the City’s official website beginning on the 7th day of September,
2022 for thirty (30) days.
This Ordinance shall take effect thirty (30) days after publication following final passage.
Othoniel Sierra, Mayor
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. 39, Series of 2022.
Stephanie Carlile
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