HomeMy WebLinkAbout2000 Ordinance No. 037BY AUTHORITY I I . ,
ORDINANCE NO. 31...
SERIES C, 2000
COUNCIL BILL NO . 13-4
INTRODUCEDBYGPUNC!J,
MEMBER GARRETT ,
d
AN ORDINA)'ICE ADOPTING THE RECODiFICA'MON OF THE "ENGLEWOOD
MUNICIPAL CODE 2000" INCORPORA'MNG THEREIN THE GENERAL
ORDINANCES OF THE CITY OF ENGLEWOOD, COLORADO INCLUDING CODES
ADOPTED BY REFERENCE; PROVIDING FOR PENALTIES FOR VIOLATION OF
THE PROVISIONS OF SAID CODE AND SETl'ING FORTH THE PENALTIES
PROVIDED FOR IN SAID CODE; AND PROVIDING FOR THE EFFECTIVE DATE
OF SAID 90DE.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO, AS FOLLOWS:
Sm.tilm..l. The City f'.ouncil of the City of Englewood, Colorado hereby authorial
•.be adoption and recodif;, ~tion of the "Englewood Municipal Code 2000' incorporaeii\c
therein the general ordinance a of the City of Englewood. Colorado including Codee
adopted by reference; prov:ding for penaltieo for violation of the proviaiona of aid Code
and aetting forth the penaltiee provided for in Ill.id Code; a.nd providing for the effocl:mt
date of said Code .
~-The word "Code" may be uaed aa an abbreviation for the ·;i;n,,Jewood
Municipal Code 2000."
lils:liml..a. Notbi,, g contained in tbia O~-.anc, .. .nall be wnatrued sa a limitation
on the power of the City Council to change obvi.:-., typographical or compoaition errora
in the Code without change of legal effect.
~. From time to time after the effective date of tbia Ordinance, the City
Clerk is hereby authorized to codify ordinances amending the said "Englewood
Municipal Codo 2000" and to have the same printed as suµplomenta or sub!ltitute
pages therefor.
~-This Ordinance shall become effective on tho 10th day of July, 2000 at
12:01 a.m .
~-Originally Distribution of Handbilla was under Title 15, Chapter 4.
Ord. 39,98 put Handbills into 7-6F-13. Later, Ord. 43-99 also aaaigned 7-6F-13 to
Parental Reaponsibility for Graffiti Offenses . Distnoution of Handbilla sball be
renumbered 7-6F -14 .
~-Ord. 11-97 c!id not aaa,gn a paragraph a title , cha pter and section
number to the paragraph entitled "More Stringent City Standards Prevail". It shall
now be numbered Title 5, Chapter 5, Section 5.
10bil
~-Bec,,un of numberin1 problems created by Ord. 46-97 and 57-96,
5-12-5, 5•12·6 and 5-12-7, •hall be placed at lhe elld of Title 5, entitled "Sal" and
Service" and renumbered E.M.C. 5-29-1 , 5-29-2 and 5-~9-3. :w' .. ~T ./Vi.!au J
Sm:t.ilm.i. E.M.C. Section 6-6-2 was repealed by Orrl . 15-98, and tk''lie6ilitibl.1or
recyclable materials ohall be moved to 15-1-2.
~-Ord . 43-99 added Section 7-6E-9 on Poeae88ina of Graffiti Mderiale by
Minoro, but Ord. U-97 already,bad uaiped 7-6E-9 to Prohihitrd 1\4•~~ an,Minora.
Since there waa 'a re~ted ~ ~n Graffiti next in aequance, Prohibi~ ~;011
Minore ahall be renlllDI~ 7-6E-12 . j(
ll''l' Smimi..JJ., Ord, ar,.97 added Section 7-6E-6 on Body Piercinc, but ~re a1reaily
was a 7-6E-6 on Curfew, thua Body Piercing ahall be renumbered to 7-eE-11.
~-Ord. 24-97 did not repeal Title 7, Chapter 3 Purcluuer of ~:Juable
Articleo, Title 7. Ci\apter 3, P=haaer of Valuable Articlea ii, bereby repeale4 '/If,,
Pun:haaer of V :tlueble Articles shall be renum,bered aa ,E .M:C. Title 5, Chapter 2~.
~-Ord. 23-97 adds a paragraph C, and Ord. 24-97 adds paragraph E,
but D waa omitted. Paragraph D ehall be reserved. ·,. , ,!
~ E.M.C. 16-4-6-(N)(l)(e)(Z) "1£ entrance faces rear: 3 f•t, • waa a In<>, ,
ChaJlge to be conaiatent with eimilar requirement, in other IQ!".d diatricta. /,!,quid ,
read: "If entrance faces rear: 3 § Ceet." 1 • n
Sm:!.ilm..Jj . .E.M.C . 16-4-12-(C)(7)(a)(2) lists an R-1 zone diatrict. Sm thuelilo
not an R-1 zor.e district that term ah~ll be ieleted.
~-E.M.C. !2•2·1 (D) (1 .5): National Categorical Pretreatment Standard
liata only a part of the definition !or National Ptetnatment Standard, which ia a
broader definition. That definition shall now read as !ollow■:
E.M.C. 12-2·1 (D) Abbreviations (15) NGP& filS National~
Pretreatment Standard.I.
E .M.C. 12-2-5 (C) (2) NGPS W~ (appean tlt""e times in this paragraph.)
S!:s.tism.17, In . 'le 1988 UBC a garage, for a single family dwelling, was
designated aa a Type M occupancy, When the 1994 UBC waa adopted, the
occupancy designations were re888igt. ·d to match the occupancy designations in the
other model codes (BOCA and SCCBO. The Type M was chanpd to a Type U and
this change should have been refiec:ted in the EMC at the time the 1994 UBC was
adopted. This shall be ,orredcd.
-2-
• ~ 16·5-39: SotaHito Dieb Oniinenre· cx,ntaina typoe and ■hall now
read u followa: 16-6-30(B) Applicability of Ordinance Standatda
1. a. Ra1id1ntial Diatricta: &-1-A.
R•l•B, R-1-C, R-2, R-2·C,
&-2-CIS .P.S., &-3 AND R-4
b. Commercial diatricta: B-1 and B-2
c. lnd111trial Diatricta: 1-1 and 1-2
~-E.M.C. 16-8-1 Sillll, Private Sale or EY!!pt. Thia definition was
added 01 part of the general revilion of the Comprehensive Zoning Ordinance in
1985 (Otd. 26-85). The addition of "Sale or Event" correcta a typo.
~-fllDala, The Penalty Provision of E.M.C . Section 1•4•1 shall apply to
each and every violation of this OrdinaoM.
Sm:timl..ll. The "Englewood Municipal Code 2000", or any chapter or section
thereof, may be proved by a copy thereof, certified by the City Clerk of the City of
Englewood, Colorado under the Seal of the City; or when printed in book or pamphlet
form and purporting to 1-> printed by authority of the City, the same 1hall be received
in evidence in oil courts without further proof of the existence and regularity of the
enactments of •ny particular ordinance and of aaid Code.
~-Pursuant to and in compliance with 31-16-203 Colorado Reviaed
Statute,, the City Clerk of the City of Englewood ia hereby authorized and directed to
publish notice of a public bearing on the adoption and enactment of the 'Englewood
Municipal Code 2000" to the extent and purauant to the schedule for such publications
prcocribed in 31-16-203 Colorado Revised Statutes, said public bearing to be held in
the Council Chambers, City Hall, 3400 South Elati Street, Englewood, Arapahoe
County, Colorado, at 7:30 p .m. on May 15, 2000.
~-At frequent. intervals after the approval of this Ordinance, all
ordinan.:es of a genera? .s:d permanent nature paslje d and approved during the
preceding period ohall be r,,~. arranged and prepared for duplication in tho fJrm of
looseleaf supplements, reprinting the page or pages of the Code affected, removioc the
amended or obsolete provisions and inserting the new provisions.
~-And all additions or am endments to the Code , when paued in o...:b
form as to indicate the intention of the City Council to make the same a part thereof,
shall be deemed to be incorporated in the Code ao that reference to the 'Englewood
Municipal Code 2000" shall be understood and intended to include such additiono and
amendments .
Siu:tism..2.li. In case of the amendment of any section of the Code for which a
penalty ia not provided, tb.e general penalty as provided in Section 1•4•1 of such Code
shall apply t.o the sectior. as amended; or in case such amendment contains provisions
for which a penalty, othor than the aforementioned general penalty, ia provided in
another section in the same chapter, the penalty so provided in such other oection
shall be held to relate to the section so amended, unlesa such penalty ia specifically
repealed therein.
.3.
Smilm.Jll. A copy of 1uch Code lhall jjo lrapt on lila In Ibo om.. of thli lOO,'<i:lark,
preaerved in looaeleaf form, or in ll1Cb other &,rm u tba CilJ G'lilrk, may eoilald• ,aoot
npedient. It 1hall be the npreaa duty of the City Cler< or--• allllloriaill by tba
City Clerk, to inaert In their dellicnated place• all amondmenta or ordinancoe hich
indicate the intention of the City Co11ncil to make the oemo a part of IUCh Code when
the same have been printed or reprinted in.,. .. form, and to extract from 1ueh Code
all provisiona which may be from time to time repealed by tht City Council!· Thia copy
of 111ch Code 1hall be available for all peraona deairing to examine the oame and ahall
be considered the oflicial "Englewood Mllllicipal Coda 2000." •LL
' ~-It ahall be IIDlawful far any peraon, firm or corporation to chanp or
amend by additione or deletiona, any part or portion of 111ch Code , or to inaert or delete
pagee or portions thereof, or to alter or tamper with 111ch Code in any manner=
whatsoever which will CBIIN Yle ordinance• oftha City ofEns!ewoocl, Colorado to be
misrepresented thereby. A1lY pereon, firm or corporation violating this section ahall be
punished at provided ii, Section 1-4-1 of the "Enslewoocl Mllllicipal Code !()00."
lntrod11ced, read in full, and paaaed on lint re, ding on Ibo 17th dty of April, 2000.
P11bliahed aa a Bill for an Ordinance on the 21st day of April, 2000 .
A Public Hearing wu beld May 15, 2000 .
Read by title and paaaed on 6na1 reading on the 5th day of Jwie, 2000.
Published by title aa Ordinance No . :J2. Serie• of 2000, on the 9th day of J11n,,
2000 .
I , Loucriabia A. Ellia, City Clerk of the City of Englewood , Colorado, hereby certify
that the above and foregoing is a true copy of the Ordinance pa d on 6na1 reading
and p11bliabad by title aa Ordinance No. n Series of 2000.
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COUNCIL COMMUNICATION
Date
April 17, 2000
Agendattem
10aii
Subject
Adoption on Englewood
Municipal Code 2000
INIT:ATED BY
Admin istrative Services , City Clerk 's Office
STAFF SOURCE
Fran k Gryglewicz, Director of Administrative
Servi ces
Lou crish la A. Ellis , City Clerk
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
The City's ordinances were initially codified in 1962 and recodified in 1969 and 1985 .
On July 20, 1998 Council approved the contract with Municipal Code Corporation for
codification services.
RECOMMENDED ACTION
The City Clerk's Office recommends City Council approve this bill for an ordinance adopting
the recodification of the "Englewood Municipal Code 2000", includ ing codes adopted by
reference , and set a public hearing for May 15 , 200C\ to consider the adoption of this
ordinance . The public hearing is a requirement of CRS 31-16-203 .
BACICGROUND, ANALYSIS AND ALTERNATIVES IDENTIFIED
The En\;lewood Municipal Code 1985 was in need of republication and users have stressed
thr;1 need to have the Code available on-line and on the Internet.
FINANCIAL IMPACT
Funds are budget~ and available .
LIST OF ATTACHMENTS
Memo detailing substant ive Code changes
Proposed bill for an ordinance
l'
M11morandum
To: Nancy Reid , Assistant City Attorney
From : Brenda castle , Deputy City Cieri<
Date: February 8, 2000 A
Subfect : Adopting Ordinance for Englewood Municipal Code 1999
The following changes were made to th11 Code and should be mentioned In the adopting ordinance :
Action
Renumber as
Renumber as
Renumber as
Renumber as
Renumber as
Correct & Current Cite Explanation
7-6F-14 Dlstribl •~Jon of Origin1111y DistribJtion of Handbills was
Handbills Title 15, Chapter 4. Ord. 39-98 put
Handbills into 7-6F-13 . Later, Ord .
43-99 also assigned 7-6F-13 to
Parental Responsibility for Graffiti
Offenses. We left Graffiti Offenses
there, and told MCC to renumber
Distribution of Handbills as 7-6F-14.
5-5-5 More Stringent City Originally 5-5-17 . Ord . 11-97 did not
Standards Prevail assign th is paragraph a !Hie, chapter
and section number (see page 5 of
the Ord .) so we told them to put It In
as 5-5-5 .
5-29-1 Garage Sales Originally 5-12-5
5-29-2 Secondhand Stores Originally 5-12-6
5-29-3 Sale and Display of Originally 5-12-7
Weapons
Because of ,,umbering problems
created by Ord . 46-97 and 57-96, 'N e
told them to put all three of these at
the end of Title 5 and entitle it "Sales
and Service ·
15-1-2 "Recyclable Material ' Originally 6-6-1 . Section 6-6 -2 was
added to Definitions repealed by Ord . 15-98, so it was
appropriate to move this definition
1015-1 -2.
7-6E-12 Prohib ited Massage on I Ord . 43 -99 added Section 7-6E-9 on
Minors Possessing of Graffiti Materials by
I Minors , but Ord . 11 -97 already had
, ass igned 7·6E-9 to Prohibited
1 Massage on Minors . Since there was
I a related section on Graffiti next in
•
Renumber as
Repeal
Reseive
Change
Change
•
Change
Change
7-6E-11 Body Piercing
Tille 7, Chapter 3 Purchaser of
Valuable Articles
7·6E-4-D
16-4-5-(N)( 1 )( e )(2)
If entrance faces rear. 3 6 feet
16-4· 12-(C)(7)(a)(2)
Five hundred feet (500 ') !rom
the boundary line of any
residential distric1 defined In the
Comprehensive Zoning
Ordinance, as emended,
including but not limited to R-1-
A, R-1 ·B, A-1-C, ~ A-2 , A-2·
C, R-3 or R-4 or similar
residential zone district in an
area adjoining the City of
Englewood , or any religious
institution, public pari<, public
library , community center, or
educational institution, whether
within or without the City of
En lewood.
12-2-1 (D ) Abbreviations (15)
NG!>S NPS
NationalGalegooGal
Pretre at ment Standards.
12·2·5·(C)(2)
NG!2S NPS (appears three
times in th is oaraoraoh .)
5-7-2 (A)
Any homeo'Mler desiring to
build construct, alter reoalr ,
nquence,•11111' II r
Prohlbltld ~ on Mlnoll to 7•
8!•12. '1 l ,L
On:t. 3M7 added Section 7-41 .-6 on
Body Piercing, WI 111118 alrwady WU
a 7-6E·6 on Curfew, so we told lhClm
to renumber Body Piercing as 7-6E·
11.
On:t. 24-97 fo,got to repeal tie 7,
Chapter 3 Pun:llaser of Valuable
Articles. We tole' MCC to go ahead
and repeal it, since Purchaser of
Valuable Articles Is now Tlt1e 5,
Chapter 23, per Ord. 24-97 . MCC
shows 7-3 In the new book as
reseived.
Ord . 23 -97 adds a paragraph C, and
Ord. 24-97 adds paragraph E, but D
was omitted . We told them to reseive
it.
This was a typo. Change to be
consistent with similar requirements In
other zone districts .
Th is was a typo . There Is no R· 1
zone district.
National Categorical Pretreatment
Standard Is only a '1fill of the
definition for National Pretreatment
Standard , which is a broader
definition .
In the 1988 UBC a garage, for a
slnglE , family dwelling, was designated
as a Tv= M occuoancv . When the
Change
Change
any accessory building lhentto,
which he owns. and who la
doing auch work himself .
5•7•8(C)
Class C. Jobber Contractor.
This license shall entlUe the
holder to contract for ihe
erection, constructlJIO ,
alteraUon or ntpalrtng of any
building classHled as a group
R-3 or Group M U occupancy
and for the nonstructural
lntertor finish or remodel of any
e of bulldl .
16·5·30(C)(2)(c)
8-aB-1, 8-2
16·5·30(C)(2)(d)
1-31·1, 1·2
16·8·1
Sign , 'rivate SALE OR EVENT
1994 U was adopted, the
occupancy deslgnaUom went
reassigned to match the occupancy
designations In the other model codes
(BOCA and SCCBI). n,e Type M wes
changed to a Type U and this change
should have been reflected In the
EMC at the time the 1994 UBC wes
adopted .
These are typos . See the following:
16-5-30: Satellite Dish Orolnance:
16-5-30(8) Applicability of Ordinance
Sta~dards
1. a. Residential Districts : R· 1 ·A,
R-1·8, R-1-C, R·2, R·2·C,
R-2-C/S .P.S., R-3 AND R-4
b. Commercial districts : 8·1 and
8-2
c. Industrial Districts : 1-1 and 1-2
Page CD16 :207
This definition was added as part of
the general revision at the
Comprehensive Zon ing Ordinance in
1985 (Ord. 26-85). The add ition of
"Sale or Evenr corrects a a.
•