HomeMy WebLinkAbout1995 Ordinance No. 031•
ORDINANCE NO . ,3L_
SERIES OF 1995
BY AUTHORITY
COUNCIL BILL NO . 33
INTRODUCED BY COUNCIL
MEMBER HATHAWAY
AN ORDINANCE AMENDING TITLE 7, CHAPI'ER 6B, SECTION 6, OF THE
ENGLEWOOD MUNICIPAL CODE 1985 REGARDING OBSTRUCTING
HIGHWAYS AND PUBLIC PASSAGES .
WHEREAS, the sales transactions prohibited by this Ordinance pose substantial
dangers to the motoring public and to the hawkers; and
WHEREAS , solicitation not only affects the parties directly involv ed in the
transaction , it also increaaes traffic hazards at more remo te location•; and
WHEREAS, hawking activity adds another element to traffic that distracts
drivers; and
WHEREAS , although the hawkers are instructed abo ut safety and proper sales
technique s, the hawkers do not consi stently adhere to those ~rocedures ; and
WHEREAS, the City need not wait for misfortune to strike to demonstrate a need
for the Ordinance; and
WHEREAS, the Ordinance addresses legitimate governmental interests; and
WHEREAS, ample alternatives to solicitation on the median currently exist and
this Ordinance does not endanger the ability to express idem : ,ind
WHEREAS, this Ordinance complies with the Colorado Supreme Court decision in
Denver J>ubHsbinr Comnonv v City of Aurora 19 B.T.R 804 (C olo . 1995):
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 6B , Section
6, by adding a new Paragraph D, of the Englewood Municipal Code, 1985 which shall
read as follows:
7-6 B..S : OBSTRUCTING HIGHWAYS AND PUBUC PASSAGES :
A. An individual or corporation commits an offen se if without legal privilege
h e intentionally, knowingly, or recklessly:
1. Obstructs a highway, street, sidewalk, mall , railway, waterway,
building entrance, 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 persons, vehicles , or conveyances, whether the
obstruction arises from hi s acts alone or from his acts and the acts of
other$; or
.j .
2. Disobeys a reasonable request or order to move issued by a person he
knows to be a peace officer, a fireman, or a person with authority to
control the use of th e premises, to prevent obstruction ofa street or
passageway or to mai ntain public safety by dispersing those gathered
in dangerous proximity to a fire, riot, or othe r hazard .
B. For purpo ses of th is Section, "obs truct" mean s to re nd er impa ss abl e or to
re nde r passage unreaso nably inconvenient or hazardous .
C. It shall be unla wful for any person engaged in the sale of newspapers,
magazines or other goods or merchandise, to make any unnecesaary sound
or noi se, to ob struct ony sidewalk or other public place, or disturb or impede
others. (Ord. 65 Serie s 1986)
D. SOLICITATION ON OR NEAR STRT;ET OR HIGHWAY .
I. THE PURPOSE OF THIS PARAGRAPH IS TO PREVENT
DANGERS TO PERSONS AN D PROPERTY, TO PREVENT
DELAYS , AND TO AVOID INTERFERENCE WITH THE TRAFFIC
FLOW. ROADWAYS THAT HAVE CENTER MEDIANS OFI'EN
ARE DESIGNED TO DEAL WITH SPEClFIC TRAFFIC FLOW
PROBLEMS . ANY DELAY OR DISTRACTION MAY INTERFERE
WITH TRAFFIC PLANNING. SOMETIMES PERSONS STAND
NEAR INTERSECTIONS AND NEAR TRAFFIC LIGHTS TO
CONTACT DRIVERS OR PASSENGERS IN CARS THAT ARE
PASSI NG OR THAT ARE STOPPED TEMPORARILY DUE TO
TRAFFIC LIGHTS .
'<. IT SHALL BE UNLAWFUL FOR ANY PERSON TO SOLICIT
EMPLOYMENT , BUSINESS, CONTRIBUTIONS, OR SALES OF
ANY KIND , OR COLLECT MONIE.'l FOR THE SAME, FROM THE
OC C UPANT OF ANY VEHICLE T l'AVELING UPON ANY STREET
OR HIGHWAY WHEN SUCH SOLIC ITATION OR COLLECTION :
A. CAUSES THE PERSON PERFORMING THE ACTMTY TO
ENTER ONTO THE TRAVELE L' PORTION OF A STREET
OR HIGHWAY.
B. INVOLVES THE PERSON PERFORMING THE ACTIVITY
TO BE LOCATED UPO N ANY MEDIAN OR ISLAND AREA
WHICH SEPA!\ATES TRAFFIC LANES .
C. THE PE RS ON PERFORMING THE ACT IVITY IS LOCATED,
SUCH THAT VEHICLES CANNOT MOVE NTO A LEGAL
PARIGN G AREA TO SAFELY COND UCT THE
TRAN SACTION.
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3 . IT SHALL BE UNLAWFUL FOR ANY PERSON TO SOLICIT OR
A'ITEMPI' TO SOLICIT EMPLOYMENT, BUSINESS, OR
CONTRIBUTIONS OF ANY KIND FROM THE OCCUPANT OF
ANY VEHICLE ON ANY HIGHWAY INCLUDED IN THE STATE
SYSTEM INCLUDING ANY ENTRANCE TO OR EXIT FROM
SUCH HIGHWAY.
4 . FOR PURPOSES OF THIS PARAGRAPH , THE TRAVELED
PORTION OF THE STREET OR HIGHWAY SHALL MEAN THAT
PORTION OF THE ROAD NORMALLY US ED BY MOVING
MOTOR VEHICLE TRAFFIC.
~-If any section , paragraph , clause, or othe r port:.on of thi ::-ordinance is for
any reason held to be invalid or unenforceable, th,-invalidity or unenforceability
shall not affect any of the remaining portions of this ordinn r.ce.
~-The General Penalty Provi sion of E .M.C . 1-4-1 , shall apply to each and
ev ery violation of this Section .
Introduced, read in full, and passed on first reading on the 19th day of June, 1995.
Published as a Bill for an Ordinance on the 22nd dar of June, 1995.
Read by title and passed on final reading on the 3rd day of July, 1995 .
Published by title as Ordinance No. 3( Series of 1995, on the 6th day of July,
1995.
I, Loucrishia A. Ellis, City Clerk of th e City of Englewood, Co lorado, hereby
certit.· that the above and foregoing is a true copy,f>fthe Ordinance passed on final
r eading and published by title as Ordinance No.~. Series of 19 .
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Date
June 19, 1995
INITIATED BY
COUNCIL COMM• NICATION
Ag ~n da Item
10 a i f i
Subject
Approval of Oniina nce Bann ing
Stree t Hawkers
Depa11111ent of Public Works I
STAFF SOURCE
Charles Esterly , Dlrec ,or of Public Works
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
To ,mprcv e th e safe ty of moto rists and hawkers in med ian and island areas on major roadways. No prev io us
Counci l Actio n has bee n t ~ken.
RE COMMEN DED ACTION
App=·,_,; a L'i fo ,· an Ord inance wtioch woul d ban sales tra nsa ction s on highways and pu blic roadways ,n th e
City ut £:~,;i..-N<>.;;l
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
The City of Englewood is concerned with th e existence of substantial dangers posed to the motoring pub lic and to
hawkers of newspapers on median and isla nd areas of roadways in the City of Englewood . The presence of
hawker:: at interseclions in the City creams ;; 1istraction to motorists, delay s in traffic mov91T\en~ and a hazard to
the hawken the mselve s. It is reco mmend ed that th is activity be banned in the City of Englewood in order to
elim in ate th ese poten tial hazards .
FINANCIAL IMPACT
Non e.
LIST OF ATTACHMENTS
Bill for an Ord inan ce