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Home My WebLink About2008 Ordinance No. 032• • • ORDINANCE NO . 32. SERIES OF 2008 -- BY AUTHORITY COUNCIL BILL NO . 35 INTRODUCED BY COUNCIL MEMBER MCCASLIN AN EMERGENCY ORDINANCE AMENDING TITLE 7, CHAPTER 68, SECTION 3, OF THE ENGLEWOOD MUNICIPAL CODE 2000, PROHIBITING THE POSSESSION OR CARRYING CERT A1N OBJECTS AT PICKET LINES AND OTHER PUBLIC ASSEMBLIES . WHEREAS, punuant to Section 30-15-401 C.R.S ., the City of Englewood. Colorado has the power to adopt ordinances for control of those matters of local concern ; and WHEREAS , punuant to Section 30 -15-40 1(1)(b) C.R.S., the City of Englewood has lhe power to adopt an ordinance to prevent and suppress riots, routs, affrays, disturbances and disorderly assemblies; and WHEREAS, the City Council ofrhe City of Englewood. Colorado fi..qds 1hat it is necessary to the immediate preservatior.. of the public health, safety, morals and welfare of the citizens of the City of Englewood, Colorado and, therefore, it should take the following action : · NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO , AS FOLLOWS : ~-It is hereby declared that the public health and welfare and the good order of the community is of the bighes• 1 rtance; that the citizens of the City of Englewood, Colorado should be protected ""m riots, rout•, affrays, disturbances and disorderly usetoblies and that prohibiting the possession or carrying of certain objects at picket lines and other public assemblies will hel p protect the health, safety and welfare of the citizens of the City of Englewood . ~-,. Ao emergency is hereby declared ~uiring immediate passage of this Ordinance for the immediate preservation of the public property, health, peace and safety; it is hereby declared that an etoergency exists and that this Ordinance shall take effect upon its final passage . ~-The City Council of the City of Englewood , Colorado hereby authorizes amending Title 7, Chapter 6-B, Section 3, entitled "Unlall/[ul Assemblies" of the Englewood Municipal Code 2000, to read as follows : 7-68-3: Unlawful AlilUlld A11tU1blies . A. AsSetobly to Commit Unlawful Acts : It shall be unlawful for any three (3) or more persons to USetoble together in this City with an intent to do an unlawful act ; or, being assembled, mutually to agree or act in concert, to do an :UJlawful act with force or violence against the property of the City or the person or property of another, or against the peace and to the terror of others; or to make any move or -1- 11 b ii preparation therefor : or being prese nt at such meeting or assemb ly, to fail to endeavor 10 prevent th e commi ss ion of or preparati on of such unl awful act. B. Assembly to Disturb Others : It shall be unlawful for three (3) or more perso n to collect in bodies tr crowd s for unlawful purpo ses or for any purpose to the anno yance or disturhance of citizens or travelers. c. No person shall carry gr nossess while nanicioating in aov demonstration rallv Picket line gr other such oublic assembly any bar shaft rod cable wire or other hard metal hard Plastic m anY length of lumber wood wood lath or other wgod Product unless the dimensions of such obiect do not exceed a tbiclrness of ons~~ width of two inches (2")· or if not senerallY rectangular in shone the d1mt~UU such obiect do not exceed three-guaaers inch (3/4'') in its thickest dirncnsi ~ obiect is blunt and unsbamened at its en.d.Aw1..w,c. D. No Person shall cagy or oossess while narticimuine in any demonstration raHv oicket Hoe or other such oublic assemblv any omicctile launcher or other de yic.¼~ commonly used for the nuroose of launch ins burl ins or tbrowine any on ,;;t ilauid material or other substance E. No nerson shall caqy or oossess while naaicinatins in anv demonstration rally ni ckel li ne or other such nubli c ossemhlY anv gas mask or similar devh·c dc5iRPed to filter all air breathed and that would orotcct the resoiratorv tract and face against irritating noxious or ooisonous Rase,:. Section 4. Safety Clauses. The City Council hereby finds , •Jetennines , 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 ·Ne lfa re of the public , and that this Ordinance is necessary for the preservation of health and safety and for the protection of publ ic convenience and welfare . The Cit y Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be obtained . Section S. Severability . If any clause, sentence, paragraph, or part of thi s Ordinance or the application thereof to any person or circumstances shall for any rea so n be adjudged by a court of competent jurisdiction invalid , such judgment shall not alTect , impair or inv alidate the remainder of this Ordinance or it application to other perso ns or circumstances . Section 6 Inco nsi stent Ordinances. All other Ordinances or portions thereof incons istent or conflict ing with thi s Ordinance or an y portion hereof are here by repeal ed to the extent of such inconsistency or con nict. Sec tion 7. Effect of repeal or modification . Th e repeal or modification of any provision of the Code of the City of Englewood by thi s Ordinance shall not relea se. extinguish, alter, modify, or change in whole or in part any penalty , forfeiture , or li abi lit y, either civil or criminal , which shall ha ve been incurred under such provision , and each provision shall be treated and held as still remaining in force for the purposes of sustaini ng any and all proper actions, suits, proceedings , and prosecution s for the enforcement of th e penalty , forfeiture. or li abi lit y, as well as for the purpose of -2- • • • sustai ning any judgment. dec ree. or ord er wh ich cnn or ma y be rendered . entered. or made in such ac ti ons. suit s. proceedings. or ~ro sec uti ons. Section 8. Penalty . The Pen alt y Provisi on of Section 1-4 -1 EMC shall apply to eac h and every vio lat ion of thi s Ordina nc e. Int rodu ced, read in full. and passed on fir st readi ng as an emerge ncy Ordinanc e on the 16™ day of J une, 2008 . Publi ,iled as an emergency Bill fo r an Ordin ance on the 20th da y of Ju ne, 2008 . Read by title and pa ssed on final readi ng on the 7th day of Jul y, 200 8. Publi shed by title as Ordi nance No .32.. Series of 2008, on the 11th da y of Jul y, 2008 . I, Loucrishia A. Elli s, Ci ty Clerk of the Ci ty of Enµl•\/ood. Co lorado, hereby ce rti fy \ that th e above and fo regoing is a true copy of the Ordi11 ·,11ce pa ss ed on final read in g and ,,»;,.., ,,,;.,,.omm=,. 32.s,,;o~ ;t; Loucri shi a A. Elli s -3- • • COUNCIL COMMUNICATION [late: Agenda Item: Subj ect: Ju ne 16, 2008 11 a ii Requ es t ior an Ordinance amending Title 7, Chap ter 68, sec ti on 3 of the En glewood Munic ipal Cede Initiate<! By: I Staff Source : Po li ce Department ChiefThomas E. Va ndermee COUNCIL GO AL AND PREVIOUS COUNCIL ACTlON None. RECOM MENDED ACTIOr-. Staff is seek i ng counci l support for an Emergen cy Bill for an O rdin ance amend ing Title 7, Chapter 68, Sec tion 3 of the Englewood M unicipal Code prohibiting the possession or carryi ng of certain objects at picke t lin es and other publi c assemblies. We are requesting an Emergen cy Ordinance to ensure th at th e o rdin ance is in effect prior to th e Democrati c National Conve ntion . BACKGROUND , ANALYSIS, AND ALTER NATIVES IDENTIFIED The City of Englewood has realized an i ncrease in th e number of organiz ed civi l demonstrations in recent months and expects 10 resp ond 10 more such even ts in the fu ture. In o rd er l o prov ide for the safety of th e general public who ma y be in the vici nity of such dem ons tra tions as well as providing for th e safety of police officers an d protest ers alike, an ordinance prohibiting th e possessi on or ca rrying of cer tai n r 1aterials is necess ary. FINANCIAL IMPACT The re is no fina n :ial impact associa ted w ith th is pr op ose d ordin ance . LIST OF ATTACHMENTS Eme rgency Bill for an Ordin ance