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Home My WebLink About2002 Ordinance No. 034.,. • • • BY AUTHORITY ORDINANCE Nod SERIES OF 2002 COUNCIL BILL NO. 32 INTRODUCED BY COUNCIL MEMBER GRAZULIS AN EMERGENCY ORDINANCE AMENDING TITLE 6, CHAPTER 1, SECTION 4 AND TITLE 8 , CHAPTER 2E , SECTION 2, OF THE ENGLEWOOD MUNICIPAL CODE 2000 PERTAINING TO CHARCOAL, GAS FUELl\D AND OTHER CPEN FLAME BARBECUE GRILLS AND COOKING DEVICEf IN ';UJLDINGS ·fHAT HOUSE 3 OR MORE FAMILY UNITS AND THAT ARE TWO OR MORE STORIES IN HEIGHT. WHEREAS, there h as been a proliferation of charcoal, gas .. fueled and other open flame cooking devi ces in multi.family residential structures; aud WHEREAS, the City has sufferud several fires and i,~uries due to the operation of these types of ca.1king devices ; and WHEREAS, it is necessary for the health, safety and welfare of the citizens of Englewood to ban such devices in multi-family residential structure., due to the extreme fir e danger; and WHEREAS , an emergency is declared for the immediate preservation of public property, health, welfare and safety of the the citizens of Englewood du,• to t he ex treme 6.rc dungcr; NOW , THEREFORE, BE IT ORDA '1'/ED BY THE CITY COUNCIL 01' TH:O.: CITY OF ENGLEWOOD, COLORADO, THAT: ~-The City Council of the City of Englewood hereby approves this Emergency Ordinance amending Title 6, Chapter I, Section 4, of the Englewood Municipal Code 2000, with the addition of a new Subsection C, entitled "Specific Restrictions for Multi-Family Dwellings" and renumbering the remaining s ubeectio ne, which shall read as follow s: 6-1-4: Burning and Fires. A. Permit to Bun, Required. lt shnll be unlawful for any person to burn or permit to be burned on any open premises owned or controlled by him or on any publir. street, alley or other land or p:-emises, any rubbish , waste p.1per . wood or other flammable material, unle ss a permit th erefor shall first have been obtained from the Air Pollution Control Officer of the Tri-County Di strict Health Department and c-ounters1gned by the City Manager or any authorized designee. B. Co,lditions and Restrictions. All such open fires, including bonfires and outdoor trash fires, shall be subject to such conditions and restrictions as hereinafter se t forth as the City shall prescribe. The granting or denying of such pe rmit shall be ba sed upon the location and proximity of such burning to any building or other :,tructure , the potential contribution of such burning -1- to air pollution in the area when the same viol.ates emission standards established by the laws of the Stste of Colorado or regulation• and restrictions of the Board of County Commissioners of Arapahoe County Stste of Colorado. Spec:ific Restrictions for Multi -Family Dw,1 ~· .c.ha,m:-aJ gos-fueled or other open·flnme barbecu e grille or cooking devicea are prohibited in buildinge that house three (3) or more family units and also are two (2) or more etoriee in height 1 Exception~ ~.eled ce,ok,ing devices shall be allowed in buildings that are protected by a full ap~r system approved by the City of Englewood G.~ Exception to R estrictio,is. This Section shall not ap ply to : l . Burning in the course of any agricultural operation in the growing of crops as a gainful occupation; 2 . Fires used for noncommercial cooking of food for human beings or for instructional or recreational purposes where not prohibited by other sections of this Code : 3. Smokeless Gares or safety flares for the combustion of waste gases; or , 4 . Flares used to indicate some danger to the public. B .~ Inci11eralor Burning. l. It shall be unlawful for any person to burn any combustible refuse in any incinerator within the City except in an approved multiple- chamber incinerator or in equipment found by the Air Pollution Control Officer of the Tri-County District Health Department in advance of such uses, to be equally effective for the purpose of air pollution control as an approved multiple-chamber incinerator. 2 . It shall be unlawful for any person to operate or cause to be operated, any incinerator in s uch a maMer as to create emissions which violate emission standards as established by the laws of the State of Colorado or regulations and restrictions of the Board of County Commissioners of Arapahoe County, State of Colorado. -2 - ,. • • • • • ~-The City Co uncil of the City of Engl ewood hereby a pproves th.is Em erge ncy Ordinance a mending Title 8, Chapter 2E, Section 2, of the Englewood Municipal Code 2000 , with the addition of a new Subsection E, entitled, which s hall read as follows : ~-Add a new Section 1102 6 which shall read · Section 1102 6 Residential charcoa l gas -fu eled or other ooen -flame cookin& deyjcos shall not be operated on comhustjb)e ba)conjee or within 10 feet {3048 mm) of comb ustible construcY2ll, !, One and two family dwellinn, t Gas-fueled cooking devices where buildings balco ni es and decks are protected bv n full sprinkler svstem noproved by the Citv of Englewood ~-An emergency requiring imm ediate passage of this Ordinance by reason of the immediate an d s ubstantial fir e danger of these devices . Accordingly, the City Council finds and de termines that an e mergency exists and that passage of the within Bill for Ordinance is ne cessary for the immedia te pr eservatio n of public r rOJ.1 :=!rty, health, welfar e and s afety, a nd said Bill for Ordina nce shall be effe ctiv•, upon publication following final passage ~-Safety C)nu se s Th e City Co uncil here by find s, determines, and declar es that th.is Ordinance is promulgated under the gene ral pL·li ce power of t he City of Englewood , that it is promulgated for the health, safety, snd welfare of the public, and that this Ordinance is necessary for the preservation ot health and safety and for the protection of public co uvenience a nd welfare . The City Council further determines that the Ordinance bears a rationnl relation lo the Jtl°'lper legis lative object so ught to be obtained. ~ SeverabiJity If any cJause , sentence, paragraph, or part of this Ordinan ce or the application thereof to any person or circumstances s hall for any reason be adjudged by a co urt of competent jurisdiction invalid , such judgment s hall not affe ct impair or invalidate the remainder of this Ordinance or its application to other persons or circumstances. ~ Inconsistent Ordinnnces All ot her Ordinance s or portions thereof inconsistent or oo nflictin g with this 01-dinance or any portion hereof are here by repealed to th e extent of such inconsistency or co nflict. ~-Effect of repeal or modification The repeal or modification of any provision of the Code of the City of Englewood by this Ordinance s hall not r elease , extinguish, alter, modify, or changd in wh ole or in part any pe nalty, forfeiture , or liability , e ither civil or criminal, which s hall have been incurred unde r s uch provis ion , a nd each provisio n s haU be treated and held as still remaining in foroe for the purposes of s ustaini ng any and all prope r actions , s uits, proceedings , a nd prosecutions for the enforceme nt of the penalty, forfe iture, or liability , as well as for -3- the purpose of s ustaining any jud gment, decree. or order which can or may be re ndered , entered, or made in such action s, s uits, proceedings, or prosecutions. ~ ~ The Penalty Provis ion of Section 1-4-1 EMC s hall ap ply to eac h and every violation of this Ordinance. Introduce d, rend in full , and passed on 6.rst rea ding .,a an emergency ordinance on the 1s t day of July, 2002. Published as an Emergency Bill for a n Ordir sn•,c on the 5th day of July, 2002. Read by title and passed on final reading as ar: F,::,ergency Ordinance on tbe 15"' day of July, 2002. Published in full as Emergency Ordinance No.3!!, Series of 2002, on the 19'' day of July, 2002 . ~ I, Loucrishia A. Elli s, City Cl erk of the City ofEnglewood, Co lorado, her eby certify that the above and foregoing is a true COJJY of tbe Emergency Or~~ce passed on final reading and published in full as Em ergency Or ·nance °--=¥-Series of 2002. -4- • • • • COUNC IL COMMUNICATION Date Age nda Item Subject Amending EMC -Ch arcoal , Gas Jul y 1, 2002 11 a i Fueled & open Harne BBQ Grill s Initiated By Staff So~rce Safety Services Be n Greene, Fire Marshal COUNCIL GOAL AN D PREVIOU S COUNCIL ACTI ON The Engle wood City Council disc uss ed th e issue of charcoa l, gas-fue led , and open Harne cooking devices •' th e Study Session on Jun e 1 7, 2002. City Cou ncil requ es ted this issue be add ressed as an eme rgen cy ord inance. RECOMM END ED ACTION Sta ff reco mmends th e Ci ty Counci l ap prove th e attach ed emergency ordinance. BACKGROUND , ANALYS IS, AN D ALTER NATIV ES IDENTIFIED This Ordinance is bei ng passed as an emergency ordinance to ban the us e of charcoal, gas-fue led, and other open Harne cooking devices in multi-family residential structures. The City has suffered several fires and inj uries du e to the operation of these ty pes of cooki ng devices. FINANCIAL IMP ACT No impact to th e Ci ty. LIST OF ATTAC HMENTS Prop osed Bill fo r an Ordinance