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Home My WebLink About1993 Ordinance No. 032-; ORDINANCE NO. 3).._ SERIES OF1993 BY AUTHORITY COUNCIL BILL NO. 29 INTRODUCED BY COUNCIL MEMBER Bullock AN ORDINANCE AMENDING TITLE 11, CHAPl'ER 4, OF THE ENGLEWOOD MUNICIPAL CODE 1985 RELATINO TO PARKS AND ENFORCEMENT OF RULES AND REGULATIONS . WHEREAS, with the passage of Ordinance No. 18, 1990, Englewood Municipal Cod e Sections 11-4-3 and 11-4-4, were deleted in a reorganization proce11; and WHEREAS, the Department of Safety Services, Police Division desires the Code sections reg-.rding park regulations and permits lo be replaced or lo be put back into the Cod e as they are an additional aid lo enforce proper conduct in the parks; and WHEREAS, the Department of Safety Services, Police Division, having additional support for the enforcement of appropriate conduct in the City parks, can improve the health , safety and welfare of Englewood citizens; NOW, HEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO , AS FOLLOWS: Sm:l;imJ.. The Englewood City Council hen,by approves the amending of Title 11, Chapter ◄, of the Englewood Municipal Code 1985, lo include Sections 3, 4, ◄.l, 4.2, and 5, which will read u follow s: 11-4 -3: VIOLATION OF RUIES AND REGULATIONS: A . IT SHALL BE UNLAWFUL FOR ANY PEROON 1\) FAIL OR REFUSE TO OBEY ANY LAWFUL ORDER OR RULES AND REGULATIONS OF THE CITY MANAGER OR HIS DESIGNEE OR THE INSTitUCTIONS OF ANY SIGN POSTED BY HIM UNLESS OTHERWISE DUU:CTED BY A POLICE OFFICER. B . SHOULD ANY PERSON FAIL TO OBSERVE AND OBEY ANY SUCH RULES OR REGULATIONS OF THE C!TY, THE CITY MANAGER, OR HIS DESIGNEE, MAY IMMEDIATELY REMOVE ANY SUCH PERSON AND MAY BAN SUCH PERSON FROM THE USE OF ANY PARK AND ITS FACILITIES FOR SUCH PERIOD OF TIME AS MAY BE NECESSARY TO SECURE COMPLIAN CE WITH SUCH RULES, REGULATIONS AND POSTED SIGNS. C . ANY PERSON REMOVED OR BANNED FROM USE OF THE PARK FACILITIES MAY , WITHIN FIVE (5) DAYS FROM THE DATE OF THE CIT'i MANAGER'S ACT ION, APPEAL THE CITY MANAGER'S ACTIONS TO TH li CITY COUNCIL BY FILING WITH THE CITY CLERK AN APPEAL IN WRITING, SETIING FORTH THE BASIS OF SUCH APPEAi... THE CITY COUNCIL SHALL, AT THE NEXT REGULARLY SCHEDULED COUNCIL MEETING, OR AS SOON AS IS REASONABLY POSSIBLE THEREAFTER, SUSTAI "'1 OVERRULE THE CITY MANAGER'S ACTIONS , WHICH DECISION SHALL BE FINAL. -1 - 10 b D . IN ADDITION TO THE PENALTIES PROVIDED ABOVE AND UNLESS OTHERWISE DIRECTED BY A POLICE OFFICER, FAILURE OR REFUSAL TO OBEY A LAWFUL RULE, REGULATION OR POSTED SIGN SHALL SUBJECT THAT PERSON TO THE PENALTIES PROVIDED IN E.M.C. 1-4 • 1. 11-4-4 : PARK USES : BALL FIELDS AND SHELTER HOUSES SHALL BE USED ON A FIRST COME BASIS UNLESS OTHERWISE POSTED. A PERMIT OR RESERVATION MAY BE OBTAINED FOR THE FOLLOWING FACILITIES AND WHEN RESERVED THAT PERSON SH.U L HAVE PRIORITY OVER ALL OTHER USE OF THAT FACILITY : A . USE OF A BALL FIELD. B. USE OF A SHELTER HOUSE OR EQUIVALENT FACILITY. 11-4-4•1: PARK USES REQUIRING A PERMIT: A PERMIT OR RESERVATION SHALL BE OBTAINED FROM THE CITY BEFORE PARTICIPATING IN ANY OF THE FOLLOWING PARK ACTIVITIES: A. USE OF ANY PARK FACILITIES FOR A PUBLIC GATHERING, PROCESSION, PARADE OR EXHIBITION WHICH CAN REASONABLY BE EXPECTED TO HAVE AN ATTENDANCE OF TWENTY.FIVE (25) PERSON S OR MORE . 11-4-4 •2: APPLICATION FOR PERMIT: A PERSON SEEKING ISSUANCE OF A PERM IT OR RESERVATION HEREUNDER SHALL FILE AN APPLICATION WITH THE APPROPRIATE DEPARTMENT. THE APPLICATION SHALL STATE: A . THE NAME AND ADDRESS OF THE APPLICANT. B . THE NAME AND ADDRESS OF THE PERSON, PERSONS, CORPORATION OR ASSOCIATION SPONSORING THE ACTIVITY, IF ANY. C . T HE DATE AND HOURS FOR WHICH THE PERMIT IS DESIRED . 11-4•5: DEPARTMENT RESPONSmILITY: THE CITY MANAGER SHALL DESIGNATE THE APPROPRIATE PERSONS TO ISSUE PERMITS ALLOWED BY E.M.C. ll-4-3 AND 11-4•4 . Introduced, Teed in full, and passed on first reading on the 21st day of June, 1993 . Published as a Bill for an Ordinance on the 24th day of June, 1993 . Read by title and passed on final rea ding on the 6th day of J uly , 1993 . . 2 . Publiahed by title u Ordinance N.,3.6,Seriea <L 1993, on the 8th day of July, 1993. ATTEST : 0dit:c{~ w ~ Patricia H . Crow , City Clerk I, Patricia H. Crow , City Clerk of the City of Englewood, Colorado, hereby certify that th e above and foregoing i• a tni, ~OPJ of the Ordinance pasaed on fi nal reading and published by title as Ordinance No.'.l,6..SeriU of 1993. a~~~ vl. am: Patricia H. Crow -3 - • Date June 21 , 1993 INITIATED BY STAFF SOURCE COUNCB. COMMUNICATION Agell(la Item llh City Attorney's Office Rick DeWitt, City Attorney Subject Approv.tl of Parks Rules and Regulations Enforcement Ordinance ISSUE/ ACDON PROPOSED City Council approve an amendment to the Municipal Code authorizing enforcement of rules and regulations in City parks . • PREVIOUS COUNCB. ACTION March 18, 1990 the Council adopted streamlined provision., for Municipal Parks. There was a desire at that time to reduce regulations in the parks and enforcement and to rely more on the Municipal Code of Englewood. BACKGROUND This effort. has not worked out well, particularly with Belleview Park among other parks. There is a need to enforce regulations such as hours of operation. Curfew regulations do not work as well and the curfew can be quite late for minors . Quite often we find that persons who frequent the parks are not minors but older persons who are not subject to the curfew . Specifically, the purposes of this ordinance are (1) to allow the enforcement of rules and regulations in Municipal Court; (2) to determine the appropriate agency for the enforcement of these conditions; (3) to establish a consistent and fair method of reserving facilities. It should be noted th,,t the citizens' authority to use the parks is preserved in this ordinance . . However, it is subject prior reservation by citizens as well. • Pr in1ed on Re cycled P1 p,1r & SfAPf ANALYSIS One oi the by aspects of this ordinaMe is the ability to enforce regulations in such a • manner as to reduce the advenie impact of parks on the neighborhood. For instance, the curfew can be established at earlier or larer hours depending on the needs of the community in the use of the park as well as the needs of the nei~hborhood . At the present time, this opportunity does not exist. FINANOAL IMPACT lt is anticipated that there will be no financial impact as a result of this ordinance. • •