HomeMy WebLinkAbout2022 Ordinance No. 0411
BY AUTHORITY
ORDINANCE NO. 41 COUNCIL BILL NO. 46
SERIES OF 2022 INTRODUCED BY COUNCIL
MEMBER NUNNENKAMP
AN ORDINANCE AMENDING TITLE 7, CHAPTER 1, ARTICLE A,
SECTION 7-1A-3 OF ENGLEWOOD MUNICIPAL CODE REGARDING
FENCING AT JASON PARK FOR OFF-LEASH DOG PRIVILEGES
WHEREAS, the City of Englewood provides a unique approach to off-leash dog parks
within the City, authorizing specific hours of otherwise on-leash parks for use by off-leash dogs
and their owners; and
WHEREAS, the City of Englewood implemented off-leash dog privileges at certain City
parks when City Council adopted Resolution No. 4, Series of 2002; and
WHEREAS, on October 19, 2009, after numerous complaints from residents regarding
off-leash dogs at Jason Park, City Council approved specific authorized off-leash hours for the
following parks: Jason, Centennial, Duncan, and the Northwest Greenbelt; and
WHEREAS, the Parks and Recreation Commission formed the Off-Leash Dog Sub-
Committee in October 2018 due to increased complaints from Englewood residents about the
off-leash dog park program; and
WHEREAS, between November 2018 and April 2019, the Sub-Committee met with
Englewood Code Enforcement, Englewood Unleashed and Pirate Youth Sports to discuss off-
leash dog parks within the City; and
WHEREAS, on March 30, 2020, City Council asked for a recommendation regarding the
off-leash dog program after City Staff presented on the current off-leash program, public
education efforts, and enforcement of off-leash dog rules; and
WHEREAS, on July 20, 2020, City Council requested further study and
recommendations regarding off-leash dog parks so the Off-Leash Task Force was established;
and
WHEREAS, the Off-Leash Task Force convened five times, and on December 14, 2020,
recommended to City Council that the City issue a survey to gauge resident support for off-leash
dog parks; and
WHEREAS, on April 26, 2021, after receipt of survey results, City Council
recommended the Off-Leash Task Force discuss the survey results and possible
recommendations for the off-leash program; and
WHEREAS, on June 9, 2021, the Off-Leash Task Force reconvened to review options
for the off-leash program; and
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WHEREAS, on August 10, 2021 the Parks and Recreation Commission Sub-Committee
met to discuss survey findings and Off-Leash Task Force data; and
WHEREAS, City Council scheduled various study sessions to consider these results and
recommendations, along with extensive additional public comment regarding this issue; and
WHEREAS, on the 4th day of October, 2021, City Council adopted Resolution No. 36,
Series of 2021 establishing off-leash dog privileges at the following City parks: Duncan, Jason,
Northwest Greenbelt, and Canine Corral; and
WHEREAS, on the 1st day of November, 2021, City Council adopted on second reading
Ordinance No. 54, amending Englewood Municipal Code Section 7-1A-3 authorizing certain off-
leash dog privileges at specifically-designated times at specifically designated parks within the
City; and
WHEREAS, after damage to temporary fencing as referenced in that ordinance, City
Council desires to further amend Englewood Municipal Code Section 7-1A-3 to ensure appropriate
fencing can be installed to implement these off-leash dog regulations.
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 7, Chapter 1, Article A, Section 7-1A-3 of Englewood Municipal Code (“EMC”) is hereby
amended to read as follows (new provisions in italics, deleted provisions struck through):
7-1A-3: Running at Large.
A. It shall be unlawful for any domesticated animal owner to allow such animal to run at
large.
B. Exceptions. Despite the above prohibition, an owner may allow a dog to run at large
(off leash) only at the following public parks within the City of Englewood:
1. Jason Park, on the north side of the park only, as separated by fencing from the
south/playground area; but in the northeastwest corner of the park only, when the northwest
corner of the park as separated by north to south fencing is reserved north to south
temporary fencing is installed to separate the off-leash portion of the park from areas used
for youth sports or other events; and only during the hours of 6 a.m. to 11 a.m. and 6
p.m. to 11 p.m. (with hours expanded to 6 a.m. to 11 p.m. from November 1 through the
last day of February 28).
2. Duncan Park, on the north side of the park only, separated by fencing from the
south/playground area of the park; and only during the hours of 6 a.m. to 11 a.m., and 6
p.m. to 11 p.m. (with hours expanded to 6 a.m. to 11 p.m. from November 1 through the
last day of February 28).
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3. Northwest Greenbelt, the entire park, but only during the hours of 6 a.m. to 11 a.m.,
and 6 p.m. to 11 p.m. (with hours expanded to 6 a.m. to 11 p.m. from November 1 through
the last day of February 28).
4. Canine Corral, the entire fenced-in area of the park, hours unrestricted.
Section 2. Applicability of Municipal Code During Authorized Off-Leash Hours
All other provisions of Englewood Municipal Code regarding animals shall apply to the
parks described above even during off-leash hours, including, but not limited to, EMC 7-1A-
2: "At-Risk" and "Dangerous" Behavior Prohibited; and EMC 7-1A-10: Removal of Excrement;
Damage to Shrubbery or Plants (requiring owners to immediately remove excrement and
prohibiting damage to park landscaping by the dog).
Section 3. Revocation of Prior Off-Leash Privileges
City Council specifically considered and hereby revokes all off-leash dog privileges at
Centennial Park, and does not provide for off-leash privileges at Cushing Park and Emerson
Park. To that end, except as specifically authorized in Section 1 above, pursuant to EMC 7-
1A-3: Running at Large, all dogs are prohibited from running at large, including at all other
City-owned parks, at non-designated areas of Jason Park and Duncan Park, and outside of
the specifically-authorized off-leash hours described in Section 1 above.
Section 4. Public Notification
Pursuant to EMC 11-4-2 and EMC 11-4-3, the City Manager or the City Manager’s designee
shall develop Park Rules and Regulations and install signage consistent with the provisions of
this Ordinance, and take all other actions necessary to effectuate Englewood Municipal Code as
modified herein.
Section 5. 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
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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. 41, 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. 41, Series of 2022.
Stephanie Carlile
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