HomeMy WebLinkAbout1981 Ordinance No. 058... " _,,,. . . . ,
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ORDINANCE N0.~~9
SERIES OF 198I-
BY AUTHORI TY
COUNCIL BILL NO. 59a
INTRODUCED BY COUNCIL
MEMBER FITZPATRICK
AN ORDINANCE MAKING IT UNLAWFUL FOR PIRSOHS TO ENTER OR REMAIN
UPON THE PROPERTY OF ANOTHER WITHOUT PERMISSION, AMENDING THE
'69 ENGLEWOOD MUNICIPAL CODE, TITLE XI, CllAPTBR 9, SECTION 8,
TITLED "CRIMINAL TRESPASS" AND DECLARING AN lllSRGENCY.
WHEREAS, the City of Englewood haa obaerved th• impact of
a large number of persons frequenting South Broadway within
the City of Englewood entering upon private property, causing
damage to private property, resulting in the theft of private
property and resulting in traffic con9eation on South Broadway,
disturbance of adjoining residential nei9hborhooda, and pos-
sibility of more serious crimes.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF ENGLEWOOD, COLORADO:
Section 1.
as follows:
Title XI, Chapter 9, Section 8, ia amended to read
11-9-8: €R%M!NA~-~RBBPASS
TRESPASS /~RY OU POSTED PROPERTY
(a) It shall be unlawful for any person to enter or
remain upon the lands or property of another
knowing that the consent to enter or remain is
absent, denied or withdrawn by the owner or the
person having lawful possession thereof, or any
agent of such owner or possessor; provided, that
this section shall not apply to any reasonable
entry seeking information or emergency shelter.
(b) IT SHALL BE UNLAWFUL FOR ANY PERSON TO ENTER OR
REMAIN UPON THE LANDS, PROPERTY, OR VEHICLE PARKING
AREAS OWNED, OPERATED OR CONTROLLED BY ANY OTHER
PERSON, BUSINESS, OR MERCHANT WHEN THE ACTIVITY
THEREAT IS CLOSED, NOT OPERATING, NOR SERVING THE
PUBLIC AND CONSENT TO ENTER OR REMAIN UPON SUCH
LANDS, PROPERTY OR VEHICLE PARI<ING AREAS HAS BEEN
DENIED OR WITHDRAwN BY A PERSON HAVING AUTHORITY
TO DO SO.
(c) NOTICE POSTED IN THE WINDOW OF THE BUSINESS'S,
MERCHANT'S OR PERSON'S BUILDING OR OTHERWISE UPON
THE PROPERTY IS PRIMA FACIE EVIDENCE THAT CONSENT
TO ENTER OR REMAIN IS ABSENT AND HAS BEEN DENIED
OR WITHDRAWN.
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Section 2. Severability. If any provision or clause of this
ordinance or the application of such to any person or circum-
stance is held to be unconstitutional or otherwise invalid by
any court of competent jurisdiction, such invalidity shall not
affect other ordinanc e provisions, clauses, or applications
thereof which can be implemented without the invalid provision,
clause, or applications thereof which can be implemented without
the invalid provision, clause, or application, and to this end
the provisions, clauses, and applications of this ordinance are
declare d to be severable.
Section 3. Emer6ency. It is necessary for the health, safety
and welfare of t e residents of the City of Englewood that the
foregoing ordinance be effective inunediately to prevent damage
to provide property.
Introduced, read in full, and passed on first reading on
the 20th day of July, 1981.
Published as a Bill for an Ordinance on the 22nd day of
July, 198 1 .
Read by title and passed on final reading on the 27th day
of July, 1981 •
Published by title as Ordinance No.'5'f , Series of 1981,
on the 29th day of July, 1981.
b.·.u:C~ ~Otis, Mayor
Attest:
ex
I, Gary R. Higbee, ex officio City Clerk-Treasurer of the
City of Englewood, Colorado, hereby certify that the above and
foregoing is a true, accurate and complete copy of the Ordinance
passed on final reading and published by title as Ordinance
No.~, Series of 1981.
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