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HomeMy WebLinkAbout2000 Ordinance No. 008ORDINANCE No.L SERIES OF 2000 BY AUTHORITY COUNCIL BILL NO . 8 IN'i'llODUCED BY OOUNffiL MElll.'!ERWOLOSYN AN ORDINANCE AMENDING TITLE 7, CHAPTER 6F, OF THE ENGLEWOOD MUNICIPAL CODE 1985, WHICH AMENDS THE DEFINITION OF GRAFFITI . I" HERE.'\S , the Englewood City Council paaaed Ordinance No. 39, Series of 1998, the Nuioance Ordinance which included the current definition of "graffiti"; and WH EREAS , the current definition of "graffiti" includes a statement which permits "graffiti" if it was placed with the permission of the property owner; and WHEREAS , a subsequent review by the Englewood Code Enforcement Divilion and the Englewood Code Enforcement Advisory Committee discloeed the diacropancy and bow it could aubatantially degrade the appearance of the City as well ae making the current "graffiti" Ordinance non-enforceable ; and WHEREAS , by tha paseage of the propoeed Ordinance the definition of "graffiti" will be amended making the new Ordinance enforceable in the City of Englewood, Colorado ; NOW, THEREFORE , BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD , COLORADO, AS FOLLOWS : ~-. The Englewood City Council hereby amends Title 7, Chapter 6F , Section 11 , of the Englewood Municipal Code, 1985, by amending the definition of graffiti wbch shall read as follows : 7-6F-11: GRAFFITI DEFINITIONS: GRAFFITI: THE DEFACING OF PUBLIC OR PRN ATE PROPERTY BY MEANS OF INSCRIPTION , WORD . OR FIGURE, DONE BY PAINTING , DRAWING, WRITING , ETCHING, OR CARVING WITH PAINT , SPRAY PAINT, INK, • ,. KNIFE , ETCHING EQUIPMEN'T OR ANY SIMJLAR METHOD~ llfRl'FfE~I PERlllSSIO~I QF '!'HI! Q1\l~IERIPIIQPEAA'Y Qll'~IER . Sw.ilm..2 -Penalty Proyjsjon . The Penalty Provisions ofE~.C. Section 1-4-1 shall apply to each and every violation of this Ordinance . llimPD...,l . ~: Man da tory restitution shall be required und er Section 1-4-7 of the Englewood Municipal Code . -1- ~-Safety Clauaea The City Council, hereby finds , determines, and declare• that thia Ordinance is promulgated under the general pplice power oftb, City of Englewood, that it is promulgated for the health, safety, and welfan of the public, and that thio Ordinance is necessary for the preservation of health and aafety and for the protection of public convenience and welfare . 1be City Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be obtained. Sm:tJ.wi..i. SoxcrAbilitv If any clauae, sentence, paragraph , or part oC thie Ordinance or th e application thereof to any person or circumstances shall for any reason be adjudged by a court of competent jurisdiction invalid, such judcment ,hall not affect impair or invalidate the rem •inder of this Ordinance or its application '. o other persons or circumstances . ~ lnmneistent Ordinance& All other Ordinances or portions thereof inconsistent or conflicting with this Ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conllict. ~ Effect of repeal or modifi@tion The repeal or modification of any provision of the Code of the City of Englewood by this Ordinance shall not releue, extinguish, alter, modify , or change in whole or in part any penalty, forfeiture, or liability, either civil or crim '.nal, which shall have been incurred under such provision, and each provision shall be treated and held as still remaining in &m:e for the purposes of sustaining any and all proper actions, suits , proceedinp, and prosecutions for the enforcement of the penalty, forfeiture , or liability, as well a, fur the purpose of sustaining any judgment, decree, or order which can or mr,y be rendered , entered, or made in such actions , suits. proceedings, or prosecutiom. Introduced, read in full, and pasaed on first reading on the 22"' day of February, 2000. Published as a Bill for an Ordinance on the 25th day of Fel,r,iary , 2000 . Read by title and passed on final reading on the 6th day of March, 2000. Publiahed by title as Ordinanoe No . i_, Series of 200 0, on the 10th day of March, 2000. -2- • • • I, Low:rwiia A. El!il, City Clerk of the City of Enclewood, Colorado, hereby oerti , that the above and foreaoin1 ii a true c:opyf the OrdinaDce p on final reading and published by title u Onlinanoe No. lL Series of 000 • COUNCIL COMMUNCATiON Date Agend~ Item Subfect: Februa 22, 2000 11 a I Graffiti definition INITIATED BY: STAFF SOURCE: Code Enforcement Advise Committee David L n, Code Enforcement Su rv!sor COUNCIL GOAL AND r·REVIOUS COUNCIL ACTION When the E.M.C.'s n~ . .;ance ordinance was rewritten in 1998, the definition of 'graffiti" Included a statement that allowed graffiti it it was placed with the permission of the property owner. A subsequent review by the Code Enforcement Division disclosed this discrepancy and how it could substantially degrade lhe appearance of the City, and took the oversight to the Code Enforcement Advisory Committee (C .E.A.C.). The C.E.A.C. concurred In the Division's observations, and concurred In removing the permissible statement by removing lhe specific words • •.. without written permission of the property owner." from the definitions section (15-1-2) of the E.M.C . RECOMMENDED ACTIQr.l Staff desires that the last seven words of the graffiti definition • ... without written permission of the property owner" be removed from the definition. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED See Council Goal and Previous Council Action . I.flowing this statement to remain within the definition could have a significant Impact in the appearance of the City. For Instance, If a commercial property owner simply did not want to go the trouble and expense of removing graffiti from the walls of his building, he would not be .equlred lo do so as the E.M.C. Is currently written, as long as he were lo say he had given permission to the aulhor to apply the graffiti. This could have a slgniticanl Impact throughout the City, as the current graffiti ordinance would no longer be enforceable . FINANCIAL IMPACT None . UST OF ATTACHMENTS Proposed Bill tor an Ordinance .