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HomeMy WebLinkAbout1957 Ordinance No. 028BY AUTHORITY ORDINANC E NO. 28, SF.RIES OF 1957 AN ORDINANCE TO BE KNOWN AS THE "ANTI-LI TT ER ORDINANCE OF THE CITY OF ENGLEWOOD, COLORADO", PROHIBITING THE J.ITTERING OF PUBL I C AND PRIVA TE PLACES WITHIN SAID CITY ; REGULATING THE DIS- RIBUTION OF CIRCULARS, HA NDBILL S, OR OTHER LI TF.RATURE AND PROHIBITING CERTAIN PRACTICES IN CONN~TION THEREWITH; PROHIB I T ING THE DISCHARGE OF LIQUIDS UPON THE PUBLIC WAYS; PROVIDING PENAi.TIES FOR THE VIOLATION OF THI S SAiD ORDINANCE AND PROVISIONS FOR THE ENFORCEMENT THEREOF; REPEALING ALL ORDINANCES AND PA RTS OF ORDI NANC ES IN CONFLICT HEREWITH; AND DECLARING AN EMER- GENCY. BE IT ORDAINED BY THE CITY COU NC I L OF THE CI TY OF ENGLEWOOD, COLORADO: Section 1. This ordinance sh all be k now n as the "Anti-litter Ordinance of the City of Englewood, Co l orado ". Section 2. It shall be unlaw f u l for a n y person, firm, or corporation to litter, or per- it to b e littered, any of t he stree t s , alleys , or public places in the City of Englewood, ith any waste, rejected, v a l ue less, or worth l ess mat t er, materials, earth, manure, trash, debris, ashes, waste paper, g arbag e , f ilt h , o r other waste materials, or to deposit, or cause the same to be deposited upon, o r permit t h e s ame to be accumulated upon, any premises other t han those designated as offici al Cit y Dump s . Section 3(a). It shall b e unlaw f ul f o r any person to distribute, deposit, place, throw, scatter, or c a st any commerci al or non-commercial circular, handbill, advertisement, or other literature in or upon any automob ile or other vehicle. The provisions of this subsection shall not be deemed or constru ed t o pro hi b it t he handing, transmitting, or distributing of any non-commercial circular, handbill, or o t h er literature to an occupant of any automobile or other vehicle who is willing t o acc ept the s ame. (b). If circulars, handb i l ls, advertisements, or other literature are distributed to private premises, other than by persona l de livery to the occupant of an automobile or vehicle as pro v ided in 3 (a) above , the d i stribution shall be lawful only in compliance with the following procedure: the c i r c u l ars, handbills, advertisements or other literature shall first be firmly bound or folded , or s hall be securely affixed or confined in some position near a principal entrance t o t h e premises to obviate the likelihood of dispersal by the wind, or litter of any area. (c). It shall be unlawful no t t o c o mply with the procedure outl i ned above, and it shall be unlawful to select or emp l oy any person who distributes circulars, handbills, ad- vertisements, or other literatur e in any man n e r except in accordance with such procedure. (d). Proof that any area w~s found unduly littered and unsightly by a specified kind of circular, h a n d bill, adv e r tis ement , o r other literature which was distributed by unidentified distributors shall be prima f a ci e e vidence o f a violation of this section. (e). Section 3 (b) s hall not apply t o n ewspapers or other literature ordered by or sold to the owner, or occupant of t he premises, nor to circulars, handbills, advertisements, or other literature delivere d by or through th e United States mail. Section 4 . I t shall b e unlawful for any person, firm, or corporation to convey or cause to be conveyed through t h e str eets , alleys, and public places in the City of Englewood, any waste or loose materials of any d e scriptio n , excep t in tight receptacles, boxes, or truck bodies equipped with secure t a r paul i n or o t her covers which prevent the escape of any material contained therein, and the de po siti n g on or lit tering of any public places or private premises with said waste or loose materi a ls, o r any p a rt t hereof. Section 5. It shall be unlaw f ul to discharge any indistrial or commercial water or any polluted or contaminated waste upo n t he s i d e walk s, streets, alleys or gutters within the City of Englewood at any time. Section 6. I t shall be u nl aw f ul to t h r ow or discharge from any lot, building, or prem- ises any wa ter, fluid, or liquid substance so as to affect injuriously the surface of any street, alley, sidewalk, or any publ i c place or way, o r to make the same unsafe for travel. Section 7. Every person conv ict ed o f a v i olation of any provision of this ordinance shall be punished by a fine of no t more than Thr ee Hundred Dollars ($300.00) or imprisonment of not more tha n ninety (90) days. Section 8 . The City of Engl ewood, Colorado, may at its option, proceed by injunction, abatement, suit for collection, or any other legal action which it may deem advisable in the enforceme nt of the terms of t h i s ordi nance; provided, that such election shall not in any way aive or release any person from the penalt i e s p rovided for in Section 7 of t his ordinance, and conviction under said Section 7 shall no t preclude the City of Englewood from proceeding ith any further and additional l e g a l action wh i ch it may deem advisable. Section 9. I f any section, subs ection , s entence, clause or phrase of t his ordinance i s for any reason held to be un consti tutional , s uch decisions shall not affect the validity o f this ordinance. The City Coun c il hereby dec l ares that it would have passed this ordinance, and each section, subsection, s ent ence , clause or phrase thereof, irrespective of the fact that any one, or any sect i on, subsection , s entence, c lause or phrase be declared unconstitutional. Section 10. Any ordinances and p ar ts o f o r dinances in conflict herewith are hereby re- pealed. Section 11. The City Co uncil h e r e by fin ds, determines and declares t hat this ordinance i s necessary f or the immediate p r e s e rvat i on of t he public peace, health , safety and conven- ience. Section 12. In the opinio n o f the Ci t y Council an emergency exists; therefore, this ordinance sha ll take effect and be in f orce fro m and after its final passage and publication. I II 1·. Passed on First Reading b y t he Ci ty Counc i l of the City of Englewood, Colorado, this 5 th day of August, A. D. 1957, a n d o r dered published in the Englewood Herald and Enterprise. Passed on Final ReRding b y th e C it y Counc i l of the City of Englewood, Colorado, this I( 381 3 day of September, A. D. 1957, and ordered publish~n the Englewood Herald and Enterprise. ATrEST: .. ' I, J. L. Barron, City Clerk of the City of Englewood, Colorado, do hereby certify that the above and foregoing Ordinance was i ntroduced and read in full and ordered published as pro- posed Ordinance for the meeti ngs of August 5th and September 3rd, 1957, held by the City Council of the City of Englewood , Colorado, on said dates and the same was published in the Englewood Herald and Enter pr i se, September 5th, 1957, as Ordinance No. 28, Series of 1957. (~~/~.-zP---- ~~ --crey---cJerk •••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••• BY AUT HORITY ORDINANCE NO. 29, SERIES OF 1957 AM ORDINANCE AMENDING ORDIN ANCE NO. 45 , S F.RI KS OF 1955, OF' THE ORDINANCES OF THE CITY OF ENGLEWOOD, COLORADO, ENTITLED "ZONING ORDINANCE OF THE CITY OF ENGLEWOOD" TO EXTEND THE TillE FOR REXiISTRATION 0-1' NON-C ONFO RM ING USES TO JULY 1, 1958. BE IT ORDAINRD BY THE CITY COUNC IL OF THE CITY OF ENGLEWOOD, COLORADO: Section 1. Subsection 1 of Sec t ion 2 of Article V of Ordinance No. 45, Series of 1955, is hereby amended by adding t hereto Section d , which shall read as follows: The time for registe r ing n on-co nfo rmi ng uses under the terms of this Ordinance, as provided in Sectio n l (b) above is hereby extended to July 1, 1958. Section 2. Subsection 6 (f) of Ar ti cle V of Ordinance No. 45, Series of 1955, is here- by amended to read as follows: (f) Fai lure to register a non-co nfo r ming use in the manner and within the time, plus two additional yea rs, as requi red by this ordinance. Section 3. All ordinances a nd p ar ts of or dinances in conflict herewi t h are hereby repealed. Section 4. The City Council h ereby fin d s, determines and declares t his ordinance is necessary for the immediate p r eserva t ion o f the public peace, h ealth , safety and convenience. Section 5. In t he opinion of th e Ci t y Co uncil an emergency exists; therefore , this ordinance sha l l take effect and b e in force from and after its final passage and publication. Passed on First Reading b y the Cit y Counc i l of the City of Englewood, Colorado, this 19th day of August, A. D. 1957 and ordered pup lished in the Englewood Herald and Enterprise. Passed on Final Read i ng by the City Coun ci l of tbe City of Englewood, Colorado , this 16 day of September , A. D. 1957 , and ordered pu blished in the Englewood Herald and Enterprise. ATrEST: -- I, J. L. Barron, City Clerk of t he Cit y o f En g lewood, Colorado , do hereby certify that the above and for e going Ordinance wa s introduced and read i n full and ordered published as pro- posed Ordinance for the meeti n gs of August 1 9th and September 16th, 1957 , held by the City Council of the City of Englewood, Colorado , o n said dat es and the same was published in the Englewood Herald and Enterprise, Se ptember 19th, 1957, as Ordinance No. 29, Series of 1957.