HomeMy WebLinkAbout2022 Ordinance No. 0481
BY AUTHORITY
ORDINANCE NO. 48 COUNCIL BILL NO. 49
SERIES OF 2022 INTRODUCED BY COUNCIL
MEMBER ANDERSON
AN ORDINANCE AMENDING ENGLEWOOD MUNICIPAL CODE
SECTIONS 7-6B-6 REGARDING OBSTRUCTING HIGHWAYS,
SIDEWALKS
WHEREAS, the City of Englewood is committed to compliance with the American with
Disabilities Act (“ADA”), including ensuring those with limited mobility have full and unimpaired
access to its public areas and sidewalks; and
WHEREAS, the purpose of City sidewalks is to provide a means of pedestrian
transportation, including the use of pedestrians with limited mobility; and
WHEREAS, the City has recently experienced an increase in the number of people
obstructing sidewalks by placing/leaving furniture and personal property on them, and lying or
sitting across them; and
WHEREAS, those with limited mobility may be unable to walk over or around those
obstructions; and
WHEREAS, City staff reviewed the City’s sidewalk inventory and were advised by the
City’s outside engineering consultant to ensure ADA compliance to provide either a 48-inch wide
consecutive sidewalk path or a “detour” around an obstruction; and
WHEREAS, the City is unable to provide a “detour” from a temporary obstruction of a
person or privately-owned furniture or property sitting or lying across sidewalks; and
WHEREAS, the City provides benches and other public seating areas on sidewalks for
sitting and/or lying down that do not obstruct pedestrian sidewalk usage; and
WHEREAS, sitting and/or lying down is appropriate in public spaces that are not intended
for pedestrian or vehicle transportation; and
WHEREAS, an amendment to Englewood Municipal Code is appropriate to clarify that
private furniture, property, and sitting and lying down on sidewalks is a prohibited sidewalk
obstruction, to ensure ADA compliance and an open sidewalk path for those with limited mobility;
and
WHEREAS, new case law also prohibits a blanket prohibition against solicitation from
City medians (which instead, should be based on public safety specific to each location), and
therefore the same section of municipal code requires an amendment to comply with current law.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ENGLEWOOD, COLORADO, AS FOLLOWS:
Section 1. Amendment of Englewood Municipal Code
DocuSign Envelope ID: 9C00BA62-9A55-4D39-9B18-8119DA121755
2
Title 7, Chapter 6B, Section 6 of the Englewood Municipal Code is hereby amended to read as
follows (new provisions in italics, deleted provisions struck through):
7-6B-6: Obstructing Highways and Public Passages.
A. No person shall Offenses: An individual or corporation commits an offense if without legal
privilege, he/she intentionally, knowingly, or recklessly:
1. Obstructs a highway, street, sidewalk, mail, railway, waterway, building entrance,
elevator, aisle, stairway, or hallway to which the public or a substantial group of the
public has access or any other place used for the passage of persons, vehicles, or
conveyances (collectively, “passageway”), whether the obstruction was created by
the person acting arises from his/her acts alone or with from his/her acts and the acts
of others; or and with the exception of sales pursuant to a public sidewalk sale or
farmer's market as defined in EMC 16-11-2; or
2. Disobeys a reasonable request or order to move issued by a uniformed person he/she
knows to be a peace officer, emergency medical technician, paramedic, or
firefighter, a fireman, or a person with authority to control the use of the premises,
to prevent obstruction of a street or passageway or to maintain public safety by
dispersing those gathered in dangerous proximity to a fire, riot, or other hazard; or
3. Solicit employment, business, contributions, or sales of any kind, or collect monies
for the same, from the occupant of any vehicle traveling upon any street, highway,
or entrance/exit to a highway, where such solicitation or collection has been
prohibited by the City and signage at the location so indicates.
B. Definition: For purposes of this section, "obstruct" means to: sit on or lie across, except
upon authorized street furniture designed for that purpose; render impassable, or to render
passage unreasonably inconvenient, or hazardous; place furniture or other personal
property unless incidental to the lawful use of the passageway; enter the traveled portion of
a street or highway occupied by vehicles except as authorized by law or pursuant to a
crosswalk or traffic control device; or cause a violation of other applicable law, such as the
Americans with Disabilities Act, on the passageway.
C. Prohibited Acts: It shall be unlawful for any person engaged in the sale of newspapers,
magazines or other goods or merchandise, to make any unnecessary sound or noise, to
obstruct any sidewalk or other public place, or disturb or impede others. Except sales
pursuant to a public sidewalk sale or farmer's market as those terms are defined in E.M.C.
Section 16-8-1. Exceptions. This Section shall not apply to obstructions and encroachments
specifically authorized by applicable law, this Code, or otherwise specifically permitted by
the City, including those authorized under EMC §§ 11-3-3 and 11-3-4.
D. Solicitation On or Near Street or Highway:
1. The purpose of this subsection is to prevent dangers to persons and property, to
prevent delays, and to avoid interference with the traffic flow. Roadways that have
center medians often are designed to deal with specific traffic flow problems. Any
delay or distraction may interfere with traffic planning. Sometimes persons stand
near intersections and near traffic lights to contact drivers or passengers in cars that
are passing or that are stopped temporarily due to traffic lights.
DocuSign Envelope ID: 9C00BA62-9A55-4D39-9B18-8119DA121755
3
2. It shall be unlawful for any person to solicit employment, business, contributions, or
sales of any kind, or collect monies for the same, from the occupant of any vehicle
traveling upon any street or highway when such solicitation or collection:
a. Causes the person performing the activity to enter onto the traveled portion of a
street or highway.
b. Involves the person performing the activity to be located upon any median or
island area which separates traffic lanes.
c. The person performing the activity is located such that vehicles cannot move
into a legal parking area to safely conduct the transaction.
3. It shall be unlawful for any person to solicit or attempt to solicit employment,
business, or contributions of any kind from the occupant of any vehicle on any
highway included in the State system including any entrance to or exit from such
highway.
4. For purposes of this subsection, the traveled portion of the street or highway shall
mean that portion of the road normally used by moving motor vehicle traffic.
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.
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
DocuSign Envelope ID: 9C00BA62-9A55-4D39-9B18-8119DA121755
4
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 21st
day of September, 2022.
Published as a Bill for an Ordinance on the City’s official website beginning on the 20th
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. 48, 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.
Othoniel Sierra, Mayor
DocuSign Envelope ID: 9C00BA62-9A55-4D39-9B18-8119DA121755
5
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. 48, Series of 2022.
Stephanie Carlile
DocuSign Envelope ID: 9C00BA62-9A55-4D39-9B18-8119DA121755