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HomeMy WebLinkAbout2003 Ordinance No. 039•• ORDINANCE NO . jJ__ SERIES OF 2 J03 BY AUTHORJTY COUNCIL BILL NO. 31 INTRODUCED BY COUNC IL MEMBER WOLOSYN AN ORDINANCE AMENDING TITLE 7 OF THE ENGLEWOOD MUNICIPAL CO DE 2000 BY ADDING A NEW SECTION 6 TO CHAPTER 6C, ENTITLED "PROHIBITI ON ON THE OPEN CAllllYING OF FIREARMS" AND DECLARJNG AN EMERGENCY. WHEREAS, the Governor of Co lorado signed into law Senate Bill 03-025 concerning the limitation on the ability of a local gr .. emment to regulate firearm s; and WHEREAS, the City of En 3lewood maintains that suc h regulations are better suited to loca l regulatio n; and WHEREAS , even with a difference of opinion as to the va lidity of Senate Bill 03-025 , the law all ows regulation of the open carrying of fireanns in bui lding s and specific areas wi thi o. the local government's jurisdiction ; and WHEREAS , City Council wishes to coordinate this Ordinance wi th Senate Bill 03-025 even though Council's belief is that the State Bill is ove rreachin g. NOW , THEREFORE , BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY • OF ENGLEWOOD, COLORADO, THAT: • Secti on I. City Council of the Cit y of the City of Englewood hereby amends the Englewood Municipal Code 2000 by adding a new section to read as follows: 7-6C -6: Prohibition on the Open Carrying of Firearms The ope n carry ing of fireanns is proh ibited in th e following areas within the Ci ty of Engl ewood except f0r on -du ty Safety Services personnel. A. CityCe nter, excluding the Alexan Apanme nt Comp lex and the Wal-Man propcny Bi-City Wastewater Treatment Plant Allen Water Treatment Plant and Rese rvoir Miller Building Servi Cente r Safety Service s Center (Po li ce-Fire Buildin g) Eng lew ood Polic e Substation Fox Street Safety Services Building Acoma Street Fi re Station Tejon Street Fire Station Malley Senior Cemc r Recreation Center Housing Offices 3460 S. Shcnnan Simon Center Orchard Place 11 b ii B. Belleview Park Cus hin g Park Ce nt ennial Park Brent Mayne Field Jaso n Park Rnmans Park Rr.1L's/Logan Park t ~wers tone Park :{uto lo Park Dun can Park Barde Park F.:--·~.;on Park t:lorkson/Amherst Park Bo\·cr Park Miller Fi eld Dep ot Property Sin clai r Pool Ao u~ti c Center at Belle view Mary Ca rter Green way and Trail Little Dry Creek Greenway and Trail Big Dry Creek Greenway and Tra il Northwest Greenbelt an d Tmi l Southwest Greenbelt and Trail Hosanna Athletic Complex Section 2. Safety Clauses. The City Council hereby find s, determines , and declare s that thi s Ordinance is promulgated under the general police power of the City of Englewood, th at it is promulgate d fo r the health , safety, and welfare of th e public, and that thi s Ordinance is necessary for the preservation of hea lth and sa fety and for th e protection of public conve nien ce and welfare . Th e City Co uncil further determine s th at th e Ordin ance bea:s a rational relati on to th e proper le gislati ve object sought to be obtained . Section 3. Severability . If any clause, sen ten ce, paragraph , or part of this Ord inance or the application thereof to any perso n or circ um stanc es shall fo r an y rea so n be adjudged by a court of competent juri sdiction inva li d, such judgment shall not affect, impair or invalidate the rem ai nder of thi s Ordinance or it ap pli ca ti on to other pers ons or circum stances. Section 4. Inconsistent Ordin ances. All oth er Ordinance s or porti ons thereof inconsistent or co nflicting with this Ordinan ce or any portion here of are hereby repe aled to the extent of suc h inc onsis tcn ,;y or con fli ct. Section 5. Effect of repeal or modification . The repea l or modi fi cati on of any provisio n of the Code of th e City of Englewood by thi s Ordinance shall not release, ex tingui sh, alter, modify , or change in whole or in part any penalty, forfeiture , or liability, either civi l or crimina l, which sh all have been incurred unde r such pro vision, and each provi sion shalt be treated and held as still remai ning in forcr. for th e purpos es of sustai ning any and all proper actions, suits, proceedings, and prosecutions io r tt enforcement of the penalty, fo rfeiture , or liability , as well • • • • as for th e purpose of sustaining any judgment , decree , or order which can or may be rendered, entered, or mndc in such actions, suits , proceedings , or pro sec ution s. Section 6. Penalty . The Penalty Provision of Section 1-4-1 EMC shall apply to each and every violation of this Ordinance . Sec tion 7. Repealer. All ordinances, or parts thereof, in co nsist ent or in co nflict herewith are hereby rep ea led to lht ex tent on ly of such inconsi sten cy or conflict. Section 8. Dec laration of Emergency . City Counc il hereby finds and detennines that this Ordinance is necessary for the immediate preservation of publir. property , health , peace and safety and sha ll be in full force and effect immediately upon final passage by the Council. Introduced, read in full , and passed on first reading as an Emergency Ordinance on the 5"' day of May, 2003. Published as an Emergency Bill for an Ord inance on the 9"' day of May, 2003 . Read by title and passed on final reading as an emergency Ordinance on the 19• day of May, 2003. Published by titl e as Emergency Ordinance No . 1,f, Series of 2003, on th e 23"' day of May, 2003 .