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Home My WebLink About2006 Ordinance No. 034• • • ORDINANCE NO. 3!/:.. SERIES OF 2006 BY AUTHORITY COUNCil. Bll.L NO. 35 INTRODUCED BY COUNCIL MEMBER WOODWARD AN ORDINANCE AMENDING mLE 7, OF THE ENGLEWOOD MUNICIPAL CODE 2000, BY THE ADDITION OF A NEW CHAPTER 3, PROHIBITING SEXUAL PREDA TORS AND CERTAIN SEX OFFENDERS FROM ESTABLISHING RESIDENCY NEAR AREAS WHERE CHil.DREN CONGREGATE AND DECLARING AN EMERGENCY. WHEREAS , the City Council of the City of Englewood, Colorado is concerned about the nwnerous occurrences whereby convicted sexual predators and cenain sex offenders who have been released from custody repeat the unlawful acts for wl.ich they had originally been convicted; and WHEREAS, the Englewood City Council finds that the recidivism rate for released sexual predators and the specified sex offenders is high, especially for those who commit their crimes against children; 0 ,1d WHEREAS , the City is an attracti ve place of residence for families with children; and WHEREAS , the City has narrowly tailored this Ordinance to address sexual predators pursuant to 18-3-414 .5 C.R .S. and those sexual offenders convicted of a felony; that have multiple convictions or that have multiple victims resulting in the offender being requ ired 10 register underthe Colorado Sex Offender Registration Act , C.R.S. Section 16-22-101. et . seq.; and WHEREAS, children congregate more frequently without adult supervision al sc hools, , parks and playgrounds; and WHEREAS, the City Council desires to provide for the maximwn protection of the health, safety and welfare of citizens in the City; NOW , THEREFORE , BE IT ORDAINED BY THE CITY COUNCil. OF THE CITY OF ENGLEWOOD , COLORADO, AS FOLLOWS : ~-The City Council of the City of Englewood hereby approves amending Title 7. of the Englewood Municipal Code 2000, with the addition ofa new Chapter 3, and for the immediate preservation of the public propeny, health , peace and safety, it is hereby declared that an emergency exists and that this Ordinance shall take effect upon its final passage 10 read as follows : -1- 11 bi 2..1.i PBOUffllTEP RESIDENCY PE SEX QEEENDEBS ~= Efndfnn end Intent ll - Jt' Citv Cnu?sH bscchv finds that sexual nWtoa and the snecified sex 0rt d WA uac PbYJIGPI viol5iPGS or who nrsv h 'ldren srs PYhlis efctv s I ed OP C) SP PCCS5i0l M CXtrSJDS threat to tbs . . . ~xua nr atoa and the s2cc1fied ssx offcndm ha ven bish rats of ccc,dtYJ§Ql-!DfklDR the ~OSI of ssx offcodst victimilAtion to sods·" ... lnrna sxtcsrnslx h,sh Rsroovms such fti d fro . . .~ sbildre . < 9 co crsm rs;sular nmx,mux to nlac'6 where of an o&~~~ocated and hmnmv tbs frsauencx of contact is likelv to reduce tbs risk l;J;l: ri Yi'fi~itioo, ~or numoses of this Chanter tbs following terms shall ha ve the 0 PWJOR OOMOlnG S' a. .. PeDDanent residence" m_eans a Plac e where a Person abides I d five <5> or more consecuuve davso ses or re~ ''T "d • pej:f~Tfii!~~)ence· means~ Place where a oers~n abides lodges or residc:wu is not the ne . or more davs m. the asmsate dunns anv ca lendar vear and which ~ P!P? s Pennan~nt residence or a olace where a Person routinelv ab ides in anv moo:!~ g~nod 0h fi ve f5l ?r more consecutive or non co nsecutive davs -no »,,,c_ ,snot t e Peaon s Permanent address ~ :.:.i 1 ~k·to·~c,t?P' route" means a ~u te officiallx desi&Doted bx the Ci tx for use bx c '. rep » a ,_ms to 9r from ~ Dubhe or Pri va te school and shown on mamtamed bx the Cuv s Pohce Peoortment and available for nublic :,ion Z·J-3 · Probihitieos- A-It sha !l be unlawful for i. ii. fJ ~J~y;0 5n J'&0dt~~:een found to be a sexua llv violent nredator nursuant to Anv. Perspn reauired to resistsc under the Colorado Sex Offender Rel!lstratmnAct CRS Section 16·''·101 et seo who bas been · l2. convicled of a felo nx for an offense rcauirins reKistratioO' or has multiPle convictions for offenses rcguirins cssistration · or whose offenss<sl [69Uirios registration inxolvcdmultiolc'ACJims -2- 0 • • • • • B. tg Gltblieb I PGPPIOTt m,jfkm; 9[ tcrnoowx meidmrf wUbiP Pt'P thpyypd fms 12000'\eflPYesbool nvk prp)extDPHP42rwithip991t!¥J1eJ¥1 fMII 000'\of IPY lkmeod 4tx FfCS MOIR J'EllliAP -· At edPPPiPR mel (qtlp; ghap 00211 lt?f?lttf! II priytlft eios!e:fupjly m,j4mr:CI) (I IPY WJW1Y loot!n1 e4itsGPt IA IP¥ daimetnl puhlis w priYIIC esbool WM ltm nJkiP:esboo1 muts or J!SPliPDII ll:lil. It ia un1ewful to Jes or mm eox oonioo of eox ornPSJY nle IVWiSWC, nils m oths xsbis's wjgh the kpgwJCflu that it wjJI he HK4 u e nsrneonm w tSPRPT1rv aaidGPSC by IPY RAJPP PWhihite4 &gm AJUliahior cw;h PSJPIPFPI 9[ tmmoo midCPGC QUQUIPt IP thil Chmts: : f)rcedeP• 6 mm, le pgg olltv ,r e xioledee ef thle Srsden m A-The ps;ggp MLlhHsbgf the PGPDIPRJt or tADMmrv aaidGPGe nrior to the efb;&Sixc date of this PTJUOIOO'i' nmvide4 howcvs: that thil FIGCPSioo Mlli PPS agpJy if the PCP9P mrnrnittgl tbs PffSPIF fw which m,jgpgjgp PP4s: the C2Jgpdg Se Offmkr ResiMliPP ASJ ia required afts tbc effectixe AAte of thia on1ioensn · 11, The PS19P ii oll&C9 jp the mid SOM PWMPt 19 a State of Co1om49 foll Et care ll.llllllJIII.. ~-The 16hool dsiRPlled pµbJis or nrixete school ml.I stPP welk-12:ashool routs HcwM dax em c;pgq ack Plexgrpµpd, ,w;mmios pool crs:atioDOI tmil or cr&'PliPP scme: wu 9PSPo4 after the; PG09D cstabliebr4 ths PGOPOPPlt 2r tenooIIO' cssidsnss and is not rmlosios an eistior ISWNI dmiwtM nuhlic or PriYAte ICbool hm slPP wolk-to-1Ghoql m1ue lirrow1 dav em center Plrk Plaxsmvo4 Mmmioe pggJ DiGcaJi;mal nil or Ui&CWioo scms: ~ Me,enmsnt For nµrpgw ofdmsanioios the minimum di1WJce KParatioo meui"4 be:ein the JPWWFiPlCPl shall he pwlp bx fo ll lWios a stmisht Hos from the oute: nams1Y lioe 2fths amRS1Y on which the school liGSP1M dax GIB GSPts: PfY1E. PIIYRTPYP4 1wjmmina P99I or msaatioo GSPte: is IPSIJei to the pgrgt ooim 99 the guts; prpps;ty line; pf the prppe:ty pp which the PSIPIOSPl Q[ JSPPQWY mideo&F ;, IPGIJM . ~.2. Safely C)auses . The City Council hereby finds, detennines , and declares that this Ordinance is promulgated under the general police power of the City of Englewood, that it is promulgated for the healc'i, 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 detennines that the Ordinance bears a rational relation to the proper legislative object sought to be obtained . ~-Seycrabjljty If any clause, sentence, paraaraph, or part of this Ordinance or the application thereof to any penon or cin:umst:.nces ahall for any reuon be adjudged by a court cf competent jurisdiction invalid, such judgment shall not affect, impair or invalidate the remainder of this Ordinance or it application to other penons or circumstances . -3- .5llili2U. JpcopajflCpt 9nliotDfO All other Ordinances or portlona thereof incomiJtcnt or conflic:tina wllh lhia Onlinance or any portion bnof are hereby repealed to lhe extent of IIICb inconsiJtency or conflict . · bilimi.J. Effect ofl1PBI or mpdjftr,atjon. The repeal or modification of any provision of lhe Code of lhe City of EnaJewood by this Onlinance lhall not release, extinguish, alt , modify, or chanac in whole or in part any penalty, forfeiture, or liability, either civil or criminal, which lhall have been incurred under .llch provision, and each provision ahall be treated and held u still remainina in force for lhe pwposes of •ustainina any and all proper actions, Nill, proceedinp, and prosecutions for lhe enforcement oflhe penalty, forfeiture, or liability, u well u for lhe purpose of sus · · or order which can or may be rendered, entered, or made in such actiona, Nits, procecdingi , or · ~ fmallx. The Penalty Provision of Section 1-4-1 EMC shall apply to each and every violation of this Ordinance. Introduced, read in full, snd passed on first reading as rn emergency Ordinance on the s• day of September, 2006 . Published assn emergency Bill for sn Ordinance on the 8th day of September, 2006 . Read by title and passed on fins! reading as sn Emergency Ordinance on the 18th day of September, 2006 . • Published by title as Emergency Ordinance No . !ft, Series of 2006, on the 22"' day of • September, 2006. This Emergency Ordinance shall be effective as of the 18th day of September, 2006. ~ I, Loucrishia A. Ellis, City Cleric of the City ofEnglewood, C the above and foregoing is a •.rue copy of the Emerg · and published by title as Emergency Ordina~ce No. • -4- • • • COUNCIL COMMUNICATION Date: Agu,da Item : SubJed : September 5, 2006 11 ai Emergency Ordinance Amending Title 7, EMC Prohibiting Residency of Sex Offenders Initiated By: Staff Source : City Attorney Dan Brotzman , City Attorney COUNCIL GOAL AND PREVIOUS COUNCIL ACTION Addition of a ne w Chapter, prohibiting sexual predators and cer tain sex offende rs from establishing residenc y near areas whe re children congregate and declaring an emergency . RECOMMENDED ACTION Approva l of the attached Ordinance. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The City Council of th e City of Englewood, Colorado is concerned about the m,merous occurrences .vhereby convicted sexual predators and certain sex offenders who have been released from custody repe at the unlawful acts for which they had originally been convicted. Th e City has narrowly tailored this Ordinance to address sex ual predators pursuant to 18-3-414.5 C.R.S. and those sexual offe nders convic ted of a fe lony; that have multiple convictions or that have multiple victims resulting in the offender being requir ed to register under the Colorado Sex Offender Registration Act, C.R.S . Section 16-2 2-101 , et. Seq .. The Er,glewood City Council finds that the recidivism rate for rel ease d sexual predators and th e specified sex offenders is high , especially for those w ho co mmit their crimes agains t children . The City Council desires to provide for the maximum protection of the health, safety, an d welfa re of ci tizens in th e City, especially where children congregate more frequently wi th out adult supervision such as schools, parks, and playgrounds . FINANCIAL IMPACT N/A LIST OF ATTACHMENTS Safety Service s Memorandum Proposed Emergency Ordinan ce Categor ie s of Se x Offenders • • • MEMORANDUM TO : FROM : ClATE : SUBJECT : Director Chris Olson Division Chief Vandermee August 17, 2006 Council Request 06-113 , Categories of Sex Offenders Thia request was submitted by City Council Parson Laurett Barrentine at the study session on A During a discussion on registered sex offenders Ms . Barrentine referenced a website that she had visited that provided a color coding for various levels of registered sex offenders. She asked If we could provide this same break down as we explore the possibility of regulating sex offenders In the City of Englewood . It was determined that the website that Ms . Barrentine was refere ,,cing is www .famllw,atchdog .us . While this website does breakdown the crimes committed by these sex offenders into four categories ; child victims , rape , sexual battery, and other offense, It does not adequately Identify the various leve ls of offenders . It falls to Identify felon versus misdemeanor. It does not provide a definition for the term "rape" versus sexual assault nor does It effectively describe what constitutes sexual battery . The category of "other offense" is not df;lfined. We have broken pur reg istered sex offenders down Into much more identlflable and manageable categories . There are currently 77 registered sex offenders In the City of Englewood . Thi •; number changes on nearly a dally basis as offenders move in and out of the city. 71 of these sex offenders are adults while only 6 are juveniles . All of the offenders are males . 51 of the offenders knew or were related to their victims while 21 of the victims were unknown to Iha offender. 66 of the victims were juveniles at the time of the offense and 11 victims were adults . 61 of the offenders comm itted felonious crimes while 16 committed misdemeanors . 55 of the offenders comm itted a s1:igle crlmlnal act, 22 were repeat offenders . Thomas E. Vanderrnee Police Operations Division Ch !,f