HomeMy WebLinkAbout2022 Ordinance No. 0471
BY AUTHORITY
ORDINANCE NO. 47 COUNCIL BILL NO. 53
SERIES OF 2022 INTRODUCED BY COUNCIL
MEMBER ANDERSON
AN ORDINANCE AMENDING ENGLEWOOD MUNICIPAL CODE
THROUGH THE ADDITION OF NEW CRIMINAL OFFENSES THAT
MAY BE PROSECUTED IN MUNICIPAL COURT
WHEREAS, Englewood Municipal Code (EMC) § 1-7-2(A) authorizes the City to
prosecute misdemeanor violations in Englewood Municipal Court; and
WHEREAS, Colorado Revised Statutes reclassified multiple offenses to be
misdemeanors, so that they could now be prosecuted not only in Arapahoe District Court but also
in Englewood Municipal Court; and
WHEREAS, after consultation with Englewood Police Department and the Municipal
Prosecutor, multiple newly-classified misdemeanors could be successfully filed and prosecuted in
Municipal Court; and
WHEREAS, in order to do so, Englewood Municipal Code must be amended to mirror
state law; and
WHEREAS, the newly-reclassified misdemeanor offenses under Colorado state law
include Unlawful Acts- Theft Detection Devices C.R.S. § 18-4-417, Criminal Impersonations
C.R.S. § 18-5-113, Contributing to the Delinquency of a Minor C.R.S. § 18-6-701, Tampering
with Physical Evidence C.R.S. § 18-8-610, Hindering Transportation C.R.S. § 18-9-114, Unlawful
Conduct on Public Property C.R.S. § 18-9-117, and Trespass and Interference upon Public
Buildings C.R.S. § 18-9-110.
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 6 of the Englewood Municipal Code is hereby amended to read as follows (new
provisions in italics, deleted provisions struck through):
7-6A-6: Impersonations.
A. Impersonating a Public Servant. No person shall It shall be unlawful for a person to
falsely pretend to hold a position in the public service with purpose to induce another to submit
to such pretended official authority or otherwise to act in reliance upon that pretense.
B. Impersonating an Officer. No person, It shall be unlawful for a person to other than an
official police officer of the City, shall to wear the uniform, apparel or any other insignia of
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office like or similar to, or a colorful imitation of that adopted and worn by the official police
officers of the City.
C. Assuming False Identity. No person shall assume a false or fictitious identity or capacity,
legal or other, and in such identity or capacity perform an act:
1. That, if done by the person falsely impersonated, might subject the person to an
action or special proceeding, civil or criminal, or to liability, charge, forfeiture, or penalty; or
2. With intent to unlawfully gain a benefit for themselves or another, or to injure or
defraud another.
7-6B-14: Hindering Transportation
No person shall knowingly and without lawful authority forcibly stop or hinder the
operation of any vehicle used in providing transportation services of any kind to the public or to
any person, association, or corporation.
7-6E-13: Contributing to Delinquency of a Minor
No person shall induce, aid, or encourage a person under the age of 18 to violate
Englewood Municipal Code or ordinance, or a Municipal Court order.
7-6F-2-1: Public Building Trespass, Interference
A. No person shall so conduct themselves at or in any public building owned, operated, or
controlled by the City as to willfully deny to any public official, public employee, or invitee
on such premises the lawful rights of such official, employee, or invitee to enter, to use the
facilities of, or to leave any such public building.
B. No person shall, at or in any such public building, willfully impede any public official or
employee in the lawful performance of duties or activities through the use of restraint,
abduction, coercion, or intimidation or by force and violence or threat thereof.
C. No person shall willfully refuse or fail to leave any such public building upon being
requested to do so by the City Manager or designee charged with maintaining order in
such public building, if the person has committed, is committing, threatens to commit, or
incites others to commit any act which did, or would if completed, disrupt, impair, interfere
with, or obstruct the lawful missions, processes, procedures, or functions being carried on
in the public building.
D. No person shall, at any meeting or session conducted by any judicial, legislative, or
administrative body or official at or in any public building, willfully impede, disrupt, or
hinder the normal proceedings of such meeting or session by any act of intrusion into the
chamber or other areas designated for the use of the body or official conducting the
meeting or session or by any act designed to intimidate, coerce, or hinder any member of
such body or official engaged in the performance of duties at such meeting or session.
7-6F-2-2 Unlawful Conduct on Public Property
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A. No person shall enter or remain in any public building or on any public property or conduct
themselves in or on the same in violation of any order, rule, or regulation concerning any matter
prescribed in this subsection (A), limiting or prohibiting the use or activities or conduct in such
public building or on such public property, issued by any officer or agency having the power of
control, management, or supervision of the building or property. In addition to any authority
granted by any other law, the City Manager and City Departments may adopt such orders, rules,
or regulations as are reasonably necessary for the administration, protection, and maintenance of
public buildings and property, specifically, orders, rules, and regulations upon the following
matters:
1. Preservation of property, vegetation, wildlife, signs, markers, statues, buildings and
grounds, and other structures, and any object of scientific, historical, or scenic interest;
2. Restriction or limitation of the use of such public buildings or property as to time,
manner, or permitted activities;
3. Prohibition of activities or conduct within public buildings or on public property which
may be reasonably expected to substantially interfere with the use and enjoyment of such places
by others or which may constitute a general nuisance or which may interfere with, impair, or
disrupt a funeral or funeral procession;
4. Necessary sanitation, health, and safety measures; and
5. Camping and picnicking, public meetings and assemblages, and other individual or
group usages, including the place, time, and manner in which such activities may be permitted.
B. No conviction may be obtained under this section unless notice of such limitations or
prohibitions is prominently posted at all public entrances to such building or property or unless
such notice is actually first given to the person by the officer or agency, including any agent
thereof, or by any peace officer having jurisdiction or authority to enforce this section.
7-6F-4-1 Unlawful Acts, Theft Detection Devices
A. No person shall knowingly manufacture, distribute, or sell a theft detection shielding
device or a theft detection deactivating device with the knowledge that some person intends
to use the device in the commission of an offense involving theft.
B. No person shall possess a theft detection shielding device or a theft detection deactivating
device with the intent to use the device possessed, or with the knowledge that some person
intends to use the device possessed, in the commission of an offense involving theft.
C. No person shall knowingly deactivate or remove a theft detection device or any component
thereof in any store or mercantile establishment without authorization prior to purchase.
D. Definitions
a. “Theft detection deactivating device” means any tool, instrument, mechanism, or
other article adapted, designed, engineered, used, or operated to inactivate,
incapacitate, or remove a theft detection device without authorization. “Theft
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detection deactivating device” includes, but is not limited to, jumper wires, wire
cutters, and electronic article surveillance removal devices.
b. “Theft detection device” means an electronic or magnetic mechanism, machine,
apparatus, tag, or article designed and operated for the purpose of detecting the
unauthorized removal of merchandise from a store or mercantile establishment.
c. “Theft detection shielding device” means any tool, instrument, mechanism, or
article adapted, designed, engineered, used, or operated to avoid detection by a
theft detection device during the commission of an offense involving theft. “Theft
detection shielding device” includes, but is not limited to, foil-lined or otherwise
modified clothing, bags, purses, or containers capable of and for the sole purpose
of avoiding detection devices.
7-6F-15: Tampering with Physical Evidence
No person shall tamper with physical evidence, including any article, object, document,
record, or other thing of physical substance, by, believing that an official proceeding is pending
or imminent and acting without legal right or authority, destroying, mutilating, concealing,
removing, or altering physical evidence with intent to impair its verity or availability in the
pending or prospective official proceeding; or knowingly making, presenting, or offering any false
or altered physical evidence with intent that it be introduced in the pending or prospective official
proceeding.
Section 2. 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
of sustaining any judgment, decree, or order which can or may be rendered, entered, or made in
such actions, suits, proceedings, or prosecutions.
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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 19th day of September, 2022.
Published by Title as a Bill for an Ordinance in the City’s official newspaper on the 22nd
day of September, 2022.
Published as a Bill for an Ordinance on the City’s official website beginning on the 21st
day of September, 2022. for thirty (30) days.
Read by Title and passed on final reading on the 3rd day of October, 2022.
Published by Title in the City’s official newspaper as Ordinance No. 47, Series of 2022,
on the 6th day of October, 2022.
Published by title on the City’s official website beginning on the 5th day of October, 2022
for thirty (30) days.
This Ordinance shall take effect thirty (30) days after publication following final passage.
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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. 47, Series of 2022.
Stephanie Carlile
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