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Home My WebLink About1996 Ordinance No. 058• • • ORDINANCE NO . ii. SERIESOP1999 BY AUTHORITY COUNCll. BILL NO. 68 INTRODUCED BY COUNCll. MEMBER HATHAWAY AN ORlJlNANCE REPBALINO TITLE 5, CHAPI'ER 12, SECTION 1B, OF THE li:NGLEWOOD MUNICIPAL CODE 11185 PERTAJNING TO POLICE AND DETECT , SERVICES (PRIVATE FIRMS) LICENSES AND ENACTING A NEW CHAPl'ER 22, EN'ITl'LED POLICE AND DETECTIVE SERVICES (PRIVATE FIRMS) AND WIUCH REMOVES POLICE AND DETEC'I !VE SERVICES (PRIVATE FIRMS) FROM ORDINANCE NO . 25, SERIES OF 1996 WHICH PERTAINS TO THE llOJtATORIUM OF LICENSES IN THE CITY OF ENGLEWOOD, COLORADO . WHEREAS, the Engi-ood City Council Mtablished a temporary IIU-i>Olllion or moratorium of certain miscellaneo111 b111ineaa licenses for a period of aix months with tho pauage of'Ordilumc:e No. 25, Nri• of 1996; and WHEREAS, the moratorium o,-temporary 1uapension included police sorvieee and detective services (private firms ) licenaes; and WHEREAS, because of the trust citizens place in providen of police and detective auvices a oeparate licenae ill requittd; and WHEREAS , a backgrow,d investi(ation i1 nquittd to ""8ure only persons without a criminal backgroun~ provide theee oervices; and WHEREAS, 9111De license holden carry weapons that could endanger the public so a li cense and background check will help enaure thct only qualified persons perform these services; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO , AS FOLLOWS : SmillLl. The City Council of the City of Englewood , Colorado hereby repeals TiU e 5, Chaple!' 12, Section 1B, of'the Englewood Municipal Code 1985, and enact. a new Chapter 22 , e.1tiUed Police And Detective Services (Private Firms) which 1hall read a s follows : CHAPl1!!R 22 POLICE ANl, DE'J1!C'l1VE SERVICES (PRIVATE FIRMS) SECTION: 5-22 -1: DEFINITIONS 5-22 -2 : LICENSE REQUIRED 5-22-3 : APPLICATION FOR LI CENSE 5-22-4 : SPECIAL CONDITIONS AND RESTRICTIO NS OF THE LICENSE • 1- I 1-11-11 DU'INITIONS: FOR THB PUJIPOSE O)' ,ru s CHAPl'ER THE FOLLOWING DEFINITIONS APPLY: POUOE SERVICES: r.1ETECl'IVE SERVICES, 1-2:1-2: UCENSE REQUIRED: SERVICES PROVIDED BY PRIVJ\TE FIRMS OR INDMDUALS TO PRESERVE THE PUBLIC ORDER AND TRANQUIWTY, THE PROMOTION OF THE PUBLIC HEALTH, SAFETY, AND THEPREVENTION,DETEOTION,A.'ffi PIDUSH?AENT OF CRIMES. SERVICES PROVIDED BY PRIVATE FIRMS OR INDMDUALS TO DETECT CRDONAL o\OTIVITY OR DISCOVER MA1TERS OF SECRET AND HARMFUL IMPORT FOR THE PROTECTION OF INDMDUALS AND THE PUBLIC. IT SHALL BE UNLAWFUL FOR ANY PERSON TO PERFORM POLICE OR DETECTIVE SERVICES WITH A PRIVATE FIRM IN THE CITY OF ENGLEWOOD WITHOUT FIRST OBTAINING A LICENSE. 1-22-3: APPUCATION FOR LICENSE: A. THE APPLICATION FOR A POLICE OR DETI:OTIVE SERVICES (PRIVATE FIRMS) LICENSE SHALL BE MADE IN ACCORDANCE WITH THE PROVISIONS OF TITLE 5, CHAPTER 1. B. IN ADDITION THE APPLICANT SHALL BE REQUIRED TO SUBMIT TO A POLICE BACKGROUND INVESTIGATION AS PART OF THE APPLICATION PROCESS. 1-22-4: SPECIAL CONDmONS AND RESTRICTIONS OF THE LICENSE: IN ADDITION TO LICENSING CONDITIONS SET FORTH IN CHAPTER 1 OF THIS TITLE, THE FOLLOWING SPECIAL PROVISIONS SHALL APPLY: A. NO PERSON WITH J... FELONY RECORD SHALL BE ALLOWED TO OBTAIN A POLICE AND DETECTIVE SERVICES LICENSE. B . EACH APPLICANT SHALL ESTABLISH THAT THEY ARE QUALIFIED TO CARRY A WEAPON. ~-The Englewood City Council established a temporary auapension or moratorium of certain mi■cellaneoua bu&in-license• for a puiod of au months with the pass,ge of Ordinance No . 25, series of 1996 ,~-; now r,m 1•1e,1 the following li cense s fron-. the moratorium: P c li ce Services (private firms) Det ective S ervice s (private firms ). -2- • • • • • Sla&ialL.J. 6ekY Cleuw n. Olly Council, bonby tlnd1, ........_, and declarea 1hat thia Ordlaua la promulpt.cl under tbo pneral police ,.,.... of Iba City of Englewood, that it ia promulr.ted for the health, aafety, and welfare of the public, and 1hat thia OrdillaDce ia n .... 1uy for Iba pruervation of health and aafety and for the p.-0011 at public convenience and welfare. The City Council further 'det.erminet lhat the Ordinance bean a rational relation to the proper legialative object eoueht to be obtained. ~-Sevorabjljty If any clauae, aentence, paragraph, or part of thia Ordinance or the application thereof to any p,,. ... on or circum1tance1 ahall for any reason be acljudged by a court of competent jun1diction invalid, auch judgment shall not affect impair or invalidate the remainder of thia Ordinance or its application to other penona or circum■tancea . ~ lncon1intcnt Ordinance ■ All other Ordinancee or portiona thereof inconsistent or conflicting with thia Ordinance or any portion hereof are hereby repealed to the extent of 1uch inconsistency or conflict. ~. Effect of ccpeal gr modification The repeal or modification of any provision of the Code of the City of Englewood by thia Ordinance Bhall not release, extinguish, alter, modify, or change in whole or in part any penalty, forfeiture, or liability, either civil or criminal, which Bhall have been inCWTed under auch provi1ion, and each provision 8hall be treated and held as 1till remaining in force for the purposes of sustaining any and all proper actions, suits, proceedings, and prosecutions for the enforrement of the penalty, forfeiture , or liability, u well u for the purpoee of sustaining any judgment, decree, or ord er which can or may be Tendered , entered, or made in such actions, suits, proceedings, or pf'C'l'leCutions . Ses:timL.Z . fewt.J.u. The Penalty Provision ofE.M.C . Section 1-4-1 ahall apply to e ach and every violation of this Ordinance. h1troduced, read in full , and passed on first reading on the 4th day of Nov ember, 1996. Published as a Bill fr,r an Ordinance on the 7th day of November, 1996. Read by title and p888ed on final reading on the 18th day of November, 1996. Published by title as Ordinance No .-58_, Series of 1996, on the 2l&t day of Novembe r , 1996 . .3 . I, Loucriabla A. Elli■, City Clerk al tho City or Bllslewood, Colcndo, hlnby cor.tify that lbe above and r..nr«lilll la a -C\OP1 o{lllu ~ pUNd • lbw -. ............. -~-No.EL.LdJ/4 Loucriahia A. Elli■ -4 - • • • • • COUNCIL COMMUNICATION Data Agenda 119m Subject November~. 1996 Bill for an ordinance crntl~g a new Chapter 22 (Police and Detective 10 a V Servlcor).ln TIile 5 of the City Code, and removing the license from the moratorium . lnltlattd By I Staff Source De oartmenl or Financial Services Frank Grvalewlcz , Directo r COUNCIL GOAL AND PREVIOUS COUNCIL ACTION This proposed bill for an ordinance creates a new Chapter 22 in Tltle 5 of the City Code . This actlon Is a result of the moratorium be ing in effect . Al the May 6, 1996 stud y session , staff r''scussod the proposed moratorium with the Council. On June 3, 1996 , the City Coun ci l read and passed Ord ina . ,ce 25 , Series or 1996 on final reading . This Ordinance established the moratorium to run from June 10 , 1996 to December 10, 1996 . RECOMMENDED ACTION Starr recommends City <:ou ncil approve this bill for an ordinance . BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED Title 5, Chapter 12 was part of the morat orium that began on June 10, 1996 . Num erous licenses are Included in this Chapter, Including Garage Sa les , Direct Sellers , Itinera nt Vendors , Auct io neers, Pawnshops, Police and Oeteciive , Christmas Tree Dealers , Convalescent and Rest Homes , and Going Out or Business licenses . Th is license is broken out into its own Cha pter for ease of use . Pol ice and Oetecilve we re incl uded in the moratorium. Th e only changes to the provisions for this license are how license fees and deposits are set by resolution , and definitions or "detective services· and "police services" are included in th e new Chapte r. No alternatives were identified . FINANCIAL IMPACT The City of Englewood collected $1 ,210 .00 in fees rorlhis license In 199f . LIST OF ATTACHMENTS Copy 01' a proposed bill for an ordina nce 7 Pnn1ed O!'I Flecyded Pap.-r.'~: