HomeMy WebLinkAbout2000 Ordinance No. 047•
ORDINANCE NO . J_[j
SERIES OF 2000
BY AUTHORITY
COUNCIL BILL NO. 39
INTRODUCED BY COUNCIL
MEMBER GARRETl'
AN ORDINANCE AMENDING TITLE 7, CHAPTER 68, SECTION 6; TITLE 11,
CHAPTER 3, SECTION 3(8); AND TITLE 16 , CHAPTER 4, SECTIONS JO, 12, AND
19; AND CHAPTER 8, OF THE ENGi .EWOOD MUNICIPAL CODE 1986,
PERTAINING TO PUBLIC SIDEWALK SALES.
WHEREAS, Englewood Merchanta are currently prohibited from conducting
sidewalk sales based on restrictions in E.M.C. Titles 7, 11 and 16; and
WHEREAS , requesta from merchanta on how sidewalk salaa might be allowed lead
to City Council's propoaal authorizing two (2) citywide public sidewalk sale eventa per
year; and
WHEREAS, the passage of thia Ordinance will continue to prohibit public sidewalk
,ales except when authorized by the City by annual City Council N!IDlution; and
WHEREAS. the Englewood Planning and Zoning Commission held a Public Hearing
on April 18, 2000 and after review recommended the forwarding to City Council for
approval;
NOW, THEREFORE . BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO, AS FOLLOWS :
lw:l.ilm.1-The City Council of the City of Englewood , Colorado hereby authorizes
amending Title 7, Chapter 68, Section 6, Subsection A•l , of the Englewood Municipal
Code 1985, to re ad as follows :
7-68-6: OBSTRUCTING HIGHWAYS AND PUBLIC l'ASSAGES :
A. Offenses: An individual or corporation commits an offense if without legal
privilege he/she intentionally, knowingly, or reckleaaly:
1. Obst,-ucta a highway, street, sidewalk, mail, railway, waterway, building
entranc.?, elevator, aisle, stairway, or hallway to which the public or a
substantial group of the public has access or any other place used for the
passage of persona, vehicles, or conveyances , whether the obstruction
arises from his/her acts alone or from his/h er acts and the acts of others:
er-and with the exception of salee pursuant to a public sidewalk yl@ ae
defined in E M C 16·8· 1 · or
2. Disobeys a reasonable request or order to move issued by a person he/ahe
knows to be a peace officer , a fireman, or a person with 0.uth.:>rity to
control the use of the premise s, to prevent obstruction of a street or
paasageway or to maintain public safety by dispersing those gathered in
dangero us proxim .ity to a fire, riot, or othe r hazard .
B. Definition: For purposes of this Section, "obatruct" meana to render impauable
or to render paseare unreuonably inconvenient or hazardous.
C. Prohibited Acts: It shall be unlawful for any person engaged in the sale of
newapapen , magazine■ or other goods or merchandise , to make any
unneceaaary sound or noise, to obstruct any sidewalk or other public place, or
diaturb or impede others. Except ,ales pU[Buant to a puhlir >idewal.k aalP p■
that WW ia defined in EMC 16:8·1
D. Solicitation On Or Near Street Or Highway:
I. The purpose of this subsection is to prevent dangers to persona and
property, to prevent delays, and to avoid interfurenoe with the traffic
flow . Roadways that have center medians often are deei11ned to deal "!'ith
specific traffic flow problems. Any delay or distraction may interfere with
traffic planning. Somatimee persona stand near intanectiona and near
traffic lights to contact drivera or paaaengere in cars that are puaing or
that are stopped temporarily due to traffic lights.
2. It shall be unlawful for any person to aolicit employment, buaineaa,
contributions , or sales of any kind, or collect monies for the same, from
the occupant of any vehicle traveling upon any street or highway when
ouch solicitation or collection:
a. Causes the person performing the activity to enter onto the traveled
po rtion of a street or highway.
b. Involves the person performing the activity to be located ur-.n an,y
median or island area which separates traffic lanes .
c. The person performing the activity is located such that vehicles
cannot move into a legal parking area ,,. safely conduct the
transaction .
3. It shall be unlawful for any peraon to solicit or attempt to solicit
employment, buaineu, or contributiona of any kind from the occupant of
any vehicle on any highway included in the State aystem includinc any
entrance to or exit from such hlghway.
4. For purposes of this subsection, the traveled portion of the street or
hi11hway shall mean that portion of the rood normally used by moving
motor veh icle traffic.
~-The City Council of the City of Englewood, Colorado hereby authorizea
amending TiUe 11 , Chapter 3, Section 3, Subsection B, of the Englewood Municipal
Code 1985 , to read es follows:
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11-3-3: OBSTRUCTIONS AND HARMFUL SUBSTANCES:
A. Materiail. E:cept u otberwiN provided in thia Code, it lhall be WllawfuHor
any person to obstruct a street, lidawalk or 111tter with uy debril, !umber,
sand, 111'8vel, dirt, absndontd or wrecked automobileo or other material or
aubatance, without firot obtainin1 writtan permiuion from the Dlnctor. Such
permit may be granted o,ily where the obstruction ia DeCUlaJ7 for tbe
construction, alteration or repair of the adjoinin1 prapefW, and •¥Ch penqitted
obstruction shall be limited to aa abort a time •• iii reuonably ~••· Each
day that such an unlawful obstruction iii permitted to exiat ,ball 00111Utu'8 a
separate on-i distinct offense.
B. Merchondiae. It shall be unlawful for any person to erect any booth or stand for
the diaplay of any merchandise for adveniaing on any lidawalk of the atnete of
the City or to place or allow to be placed any aigna or diaplay boarda or uy
other obatructiona on any of the lidowalka qr 1tfteta of Iha City; pnmdtd,
however, that nothing in this aubaection ahall prevent the receivins or
deliverin1 of goods , warea or merchandise, provided that no obatructiona of
sidewalka or 1treets for thia pu,pooe shall be of longer duration than iii
absolutely necessa ry for such receivinK or delivery. EXSPPt we, pypuant to a
PUblis sidewalk sale H that term iA defioe4 in E M C 18¼1·
~-The City Council of the City of Englewood . Colorado hereby authoruea
amending TiUe 16, Chapter 4, Section 10, Subaeetion E, of the Enslewood Municipal
Code 1985, to read as follows :
16-4-10 : B-1 BUSINESS DISTRICT:
E. Prohibited Uses:
I. Adult entertainment and se:,ice establiabmenta.
2. Manufacturing.
3. Outdoor s tora ge of ma terials. supplit. and equipm ent on private and
public property.
4. The outdoo r disvlay, storage or sale of clo thing or howiehold appliances,
furniture or oth1~; items commonly used in a home , whether on private or
pub lic pro perty except sal es pursuan t to a public sidewalk We u that
term ie defined in EMC 16-8al
5. Wa,.ehousing of procl ucta or ite ms not so ld on the premises.
6. Sale at wholesale.
7. Sales or service acti vi ty shall not be allowed from any temporary
structure or vehicle unless a building permit application bu been
submitted for • permanent~-·'\dine or structure to replace the temporary
s lructure.
8. Pawnbrokers and automobile pawnbroke:s oa definud by and which are
required to ba licemed linder 'l'itle 6 of thli Code. o I
9. Temporary employment eervic8I aa defined by aud •#hich are reqaind to 1
be licenaed under Title 6 of thia Code.
~ The City Council of the City of Englewood, Colondo be:reby autborizea
amending Title 16, Chapter 4, Section 12, Subeection F, of the Engle11·ood Municipal
Code 1986, to read as follows:
lM-12: B-2 BUSINESS DISTRICT:
F. Prohibited Uses:
I. MnnufactUring.
2 . Outdoor storage ofmateriala, supplies and equipment on privata and
public property.
3 . The outdoor display, storage or sal• of household appliancea, furniture,
or other items commonly used in a home, whether on privata or public
property. Except ulp pw,u1nt to I pµblic sidewalk WA 11 tut Mrm
is defined in E M C ltHH
4 . Warehousing of products or itema not aold on the pnuniaea.
5. Salee at wholesale.
6. Salea or service activity shall not be allowed from any temporary
structure or vehicle unleas a building permit application baa baen
submitted for a permanent building or structure t, replace the tamporary
structure.
7. Temporary employment services as defined by and which ara required to
be licensed under Title 5 of this Code.
~-The City Council of the City of Englewood, Color,do hereby authorizes
amending Title 16, Chapter 4, Section 19, Subsection 7, of the Englewood Municipal
Code 1985, to read as follows :
16-4-19-7: PROffiBITED :
A. The following signs are prohibited in all zone districts and are declared a
nuisance by the Citt.
I. Any grcund &ign within a triangular area of t hirty feet (30) along two (2)
sides of an mtersection of curbs of two (2) s treets , a railroad right-of-way
and a street. a driveway and a street, or an alley and a street. which
does not have a clear area of seven feet (7') between the grade level and
the bottom of the sign unleaa approved by the City Traffic Encineer. •
2. Banners, except aa in provided in aubeectiona 16-4-19-G(Q),(Bolith .
Broadway identification banners), 16-4-19(8) (Street Banners), and
UJ-4-19-10(E)(6) (Short Term Advvtiaing Signal u welllu,"pennanta,
valancea and wind lbJDI.
3. Billboard& including without limitation, any billboard& on land
tranaernd to the City by the State of Colorado or any of ita apllciea.
4. Portable oigns.
5. -¼3. Sima qfertjng IQ outdoor cli&play of merchandise on public rlsht-ol-way
01cept (or oigna for Edg 11k salea purauant to a public aidowalk ■ale y
that term is defined in E M C 16-8-1
6. Search lights.
7. Signe painted on fenceo .
8. Tbi11l•party signa.
9. Wheeled advertiaing devices, except for permanent aigna on licensed
vehiclea.
10. Balloons and other inflatable devices.
11. Flap ••reeding thirty-five square feet (35) maximum in area.
12. Any Sien that imitates or reaemolea an official traffic control device or
sicnaJ, or "Rbich attempts to din,ct tbe movement of traffic, or wbich hides
from vie., or interferes witb tbe effectivene88 of any official traffic control
de·,ice or sicnaJ.
B. The following signs are prohibited in all areas except in tbe South Broadway
aign area:
1. Animuted signs, except barber poleo.
2. Flashing or blinking lights or aigno, except for scoreboards and time
and
temperature devices.
3. Roof signs and integral roof signs.
4. Wall mural,.
~-The Englewood City Council hereby amends Title 16, Chapter 8,
Section 1, of the Englewood Municipal Code, 1985 with the addition of the following
definition. in alphabetical order, to the definitions aa followo:
16-3-1: DEFIN1TIONS :
Community mot or elehrotitm allowins the
use or eublis1•h:wally bx Ehrlewood
merchanY ie front e( their bu@iNH ea
authorivd bx the Citv Manaur·RE daNPee •
~-&ifu~ The City Council, hereby finds, determine■, and
declare& that this Ordinance is promulgated under the general police pl"wer of the
City of En1!ewood, that it is promulgated for the health, eafety, and •,el.fare of the
public, and that this Ordinance ie nece.,ary for t.M preoervation o! health and llllfety
and for the protection of public con.,enience and welfare. The City Council rlrtber
determine, that the Ordinance bears a rational relation to the proper legitliative
object so ught to bo obtained.
~-~IX. If any clauae, oentence, paragraph, or p.:rt <I this
Ordinance or the app lication therr.of to any person or circumstances shall for any
reason be •djudged by a court of c ,mpetent jurisdiction invalid, such judgment ahall
not affect impair or invalidate the remainder of this Ordinance or ita application to
other persons or circumstances.
~ Inconsistent Ord inencea All other Ordinances or portions thereof
inconsistent or conflicting with this Ordinance or any portion hereof .:-re hereby
repealed to the exte nt of such inconsistency or conflict.
~ Effect of repeal or modifiration The repeal or modification of any
provision of the Code of the City of Englewood by this Ordinance shall ~t roleaae,
extinguish, alte.r, modify, or change in whole or in part any penalty, forfeiture, m:
liability, either civil or criminal, which aball have been incurred under such provilion,
a nd each provision aha 11 be treated and held as still remaining in force for the
purposes of sustaining any and all proper actions, auits, proceedings, and
prosecutions for the enforc-ement of the penalty, forfeiture, or liability, as well as fur
the purpose of sustaining any judgment, decree , or on:!,?r which can or may be
rendered, entered, or made in such actions , suits, proceedings, or prosecutions.
~-Penalty Provjejon. The Penalty Provisions ofE.M.C. Section 1-4-1
shall apply to each a nd e vel'y violation of this Ordinance .
Introduced. read in full, and passed en first reading on the 15th day of May, 2000 .
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Published as a Bill for an Ordinance on thu 19th day of May, 2000.
A Public Hearing was held on -June 6, 2000
Read in full , amended and passad as amended on the 26th day of ,T,.ne, 2000.
Published in full, aa amended on the 30th dny of June, 2000 .
Read by tit!• and pas•ed on final reading on the 17th day of July, 2000.
Published by title as Ordinance No. 'fl Serie• of 2000, on the 21st day of July,
2000.
.• I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify
that the above and foregoing is a true ""~l;'_2fthe Ordinance puaed on 6.naJ reading
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Loucrishia A. Ellis
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COUNCD, COMMUNICATION [/.ii' Hlll'I Th'./ il'lO}IO
n u n I I,
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Date May 15, 2000 Agenda Item J, Sub,lf/R ~Sidl)walk
Sale Amc.udmeDIS io :,
'" 7-6B-6 ;A l 7-68-6: C
11·3•3: B 16-4--10: E4
I 16-4--12: F 3 16-4--19-7 : A 5
II ai 16-8-1
INITIATED BY Public Works, SRfety STl,FF SOURCE Tricia Langon, Planner
Services , and Community Development.
PREVIOUS COUNCIL ACTION
Council reviewed p~blic sidewalk sale strategics at the March 13 , 20W study se&sion and
directed staff 10 prepare amendments 10 the three titles of the Englewood :v1unic1pal Code that
currently prohibit public sidewalk sales . Council further directed rtaff to 1/<epare a resolution
eslllblishing policy to oversee City authorized public sidewalk sale evects
PREVIOUS PLANNING COMMISSION ACTION
The Planning and Zoning Commission considered amendments 10 Title I 6, Comprehensive
Zoning Ordinance at a public hearing on April I 8, 2000. The Commission voted 10 forward the
Title 16 amendments allowing public sidewalk sales to City Council with a recommendation for
approval.
RECOMMENDED ACTION
Staff recommends that Council set June 5, 2000 as the date for the Public Hearing on proposed
amendments to Titles 'i : Public Safety, Tille II: Public Ways and Propcny and Titlcl6:
Comprehensive Zoning Ordinance of the Englewood Municipal Code concerning public
sidewalk sales .
BACKGROUND
Englewood merchants are currently prohibited from conducting sidewalk sales based on
restrictions in the following Titles of the Englewood Municipal Code :
Title 7: Public Safety and Title 11: Public Ways and Propcny, whir.h address safety issues
concerning the obstruction of public sidewalks and public ways, and
Title I 6: Comprehensive Zoning Ordinance. which prohibits the outdoor display, storage or
sale, whether on public or private propcny, of house hold appliances, furniture or other items
commonly used in the home.
Following requests from merchants on how public sidewalk sales might be allowed, Council
proposed authorizing two (2) citywide public sidew alk sale events per year and directed staff 10
research sidewalk sale strategies. Following re view of mff recommendations al the March 13 ,
2000 study ses sion , Council directed staff to prepare ordinance amendments removing public
sidewalk sales prohibitions from the three Titles mentioned above. Council also determined that
sidewalk sale policy would be sci by resolution on an annual basis.
ORDIJll/t.NCEPROPOSAL: ' 11 1'11.0 1 11 lZ IO'l •
Title 16, Comprehensive Zonin'! Ordinance :
D:flnes public 1idewalk aak: as: __ _
Community events or ~·elebrations allowina tlic \ISO pf public side\l(alb by 1 rt. ,,.
Englewood men:ha."ll! in front of their business as authorized each year by
city council resolution ai'ter consultation with the business community.
Additionally, in the three affCC'.ed Titles the amendments exempt the following prohibited
c 1nditions when in association with a City authorized public sidewalk salr. event by adding :
EXCEPT SALES PUR~UANT TO A PUBLIC SIDEWALK SALE AS , TiiAT 1
TERM JS DEFINED INE.M.C. 16-8-1.
Title 7: Public Safety
Commission of an offense for the obstruction of sidewalks ;
• Obstruction of sidewalk by the sale of goods or merchandise .
Title 11: Public W.ays and Propcny
• Merchandise stand or booth, sign, display board or other obstructions on the sidewalk.
Title 16 : Comprehensive Zoning Ordinance
Outdoor display, storage or sale of common household items in B-1 and B-2, Business
Districts;
Signs referring to public sidewalk sales from the list of prohibited signs in any zone district
This amendment is reflective of amendments to the Cn:ative Sign Code that Council is •
considering at second reading on May 15, 2000.
ANALYSIS
The proposed amendments continue to prohibit public sidewalk sales ucept when authorized by
the City as specified by annual City Council resolution. Authorized public sidewalk sales will be
allowed in the B-1 and B-2 Business Districts. Council will set sidewalk sale policy following
the approval of amendments to the affected Titles .
FINANCIAL IMPACT
No adverse financial impacts are identified with the removal of public sidewalk sale restrictions,
and ,uch sales may, in fact , increase sales tax revenues for the City .
LIST OF ATTACHMENTS
Bill for Ordinance
StaffRepon
Findings of Fact
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