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HomeMy WebLinkAbout1997 Ordinance No. 022' ... '\. -,. 1 ORDINANCE NO . ;J.J-.- SERIES OF 1997 BY AUTHORITY COUNCIL BILL NO. 20 INTRODUCED BY COUNCIL MEMBER WIGGINS AN ORDINANCE AMENDING TITLE 5, BY ENACTING A NEW CHAPTER 20 , OF THE ENGLEWOOD MUNICIPAL CODE 1985 , ENTITLED SPECIAL EVENTS. WHEREAS , the passage of this Ordinance Special Events licenses will allow the City's staff to issue special events licenses; and WHEREAS , the activity covered by this license by its definition does not occur on a regular basis and therefore the license expires upon completion of the event or seven days whichever is shorter; and WHEREAS , the regular functions and activities of government, religious or charitable organizations because these organizations normally have a permanent presence in the community; their operations are intended to benefit the community as a whole ; and WHEREAS , this license has special license requirements due to the transitory nature of the licens ed activities ; and WHEREAS , this license requires general liability insurance in an amount acceptable to the City to insure the public is protected against any financial cost due to harm or damage incurred as a result of these activities and events ; and WHEREAS , this licens e requires a cleanup deposit to insure the license holder returns the premises to a state acceptable to the City and therefore this lessens the burden on the public for cleanup costs that could be incurred by the City if license holders have no incentive to perform a cleanup of the licensed site; NOW, THEREFORE , BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD , COLORADO, AS FOLLOWS: S ection 1. The City Council of the City of Englewood, Colorado hereby amends Title 5 , by enacting a new Chapter 20, entitled Special Events, which shall read as follows : SECTION: 5-20-1: DEFINITIONS 5-20-2: LICENSE REQUIRED CHAPI'ER20 SPECIAL EVENTS 5-20-3 : APPLICATION FOR LICENSE 5-20-4: TERM OF SPECIAL EVENTS LICENSE 5-20-5 : SPECIAL LICENSE REQUIREMENTS 10 b ii 5-20-1: DEFINITIONS: FOR THE PURPOSE OF THIS CHAPTER, THE FOLLOWING TERMS, PHRASES, WORDS AND THEIR DERIVATIONS SHALL HAVE THE MEANINGS GIVEN HEREIN. SPECIAL EVENT : AN ACTIVITY OR OCCURRENCE OPEN TO THE PUBLIC FOR WHICH AN ADMISSION FEE MAY OR MAY NOT BE CHARGED THAT DOES NOT OCCUR ON A REGULAR BASIS. 5-20-2: LICENSE REQUIRED: IT SHALL BE UNLAWFUL TO HOLD A SPECIAL EVENT WITHOUT FIRST OBTAINING A LICENSE EXCEPT FOR THE FOLLOWING: A. REGULAR FUNCTIONS AND ACTIVITIES OF GOVERNMENTAL, RELIGIOUS AND CHARITABLE ORGANIZATIONS 5-20-3 : APPLICATION FOR LICENSE: THE APPLICATION FOR A SPECIAL EVENTS LICENSE SHALL BE MADE IN ACCORDANCE WITH THE PROVISIONS OF TITLE 5 , CHAPTER 1. 5-20-4: TERM OF SPECIAL EVENTS LICENSE: THE LICENSE SHALL EXPIRE UPON COMPLETION OF THE EVENT OR SEVEN (7) DAYS WHICH EVER IS SHORTER. A LICENSE SHALL NOT BE ISSUED FOR THE SAME SPECIAL EVENT MORE THAN THREE (3) TIMES IN ANY CALENDAR YEAR. 5-20-5: SPECIAL LICENSE REQUIREMENTS: A. THE LICENSE HOLDER SHALL HA VE GENERAL LIABILITY INSURANCE IN AN AMOUNT ACCEPTABLE TO THE CITY . B. THE LICENSE HOLDER SHALL PROVIDE A CLEAN-UP DEPOSIT IN AN AMOUNT ACCEPTABLE TO THE CITY . THE CLEAN-UP DEPOSIT WILL BE RETURNED IN FULL OR IN PART AFTER INSPECTION OF PREMISES . THE LICENSE HOLDER SHALL CLEAN THE SITE WITHIN TWENTY-FOUR (24 ) HOURS AFTER THE SPECIAL EVENT IS COMPLETED . Section 2. Safety Clauses . The City Council, hereby finds , determines , and declares that this Ordinance is promulgated under the general police power of the City of Englewood , that it is promulgated for the health, safety, and welfare of the public, and that this Ordinance is necessary for the pre servation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be obtained. Section 3. Severability. If any clause, sentence, paragraph, or part of this Ordinance or the application thereof to any person or circumstances shall for any reason be adjudged by a court of competent jurisdiction invalid, such judgment shall not affect impair or invalidate the remainder of this Ordinance or its application to other persons or circumstances . -2- '·. Section 4 . Inconsistent Ordinances. All other Ordinances or portions thereof inconsistent or conflicting with this Ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict. Section 5. Effect of repeal or modification . The repeal or modification of any provision of the Code of the City of Englewood by this Ordinance shall not release , extinguish, alter, modify, or change in whole or in part any penalty, forfeiture, or liability, either civil or criminal, which shall have been incurred under such provision, and each provision shall be treated and held as still remaining in force for the purposes of sustaining any and all proper actions, suits , proceedings, and prosecutions for the enforcement of the penalty, forfeiture , or liability, as well as for the purpose of sustaining any judgment, decree, or order which can or may be rendered, entered, or made in such actions, suits, proceedings, or prosecutions . Section 6 . Penalty. The Penalty Provision of E.M .C. Section 1-4-1 shall apply to each and every violation of this Ordinance . Introduced, read in full, and passed on first reading on the 17th day of March, 1997 . Published as a Bill for an Ordinance on the 20th day of March, 1997 . Read by title and passed on final reading on the 7th day of April, 1997 . Published by title as Ordinance No.-:?2, Series of 1997, on the 10th day of April, 1997 . I, Loucrishia A. Ellis , City Clerk of the City of Englewood, Colorado , hereby certify that the above and foregoing is a true copy of the Ordinance passed on final reading and published by title as Ordinance No.M Series 1997 . -3- COUNCIL COMMUNICATION Date Agenda Item Subject March 17, 1997 10 a v Bill for an ordinance adopting a new Title 5, Chapter 20 , Special Events. Initiated By Staff Source Department of Financial Services Frank Gryglewicz, Director COUNCIL GOAL AND PREVIOUS COUNCIL ACTION This bill for an ordinance adopts Title 5, Chapter 20 to the City Code. These licenses were not included in the miscellaneous licenses moratorium in the City of Englewood . This bill for ordinance will allow the City 's staff to issue special event licenses . City Council discussed this license at a study session held December 16 , 1996 . RECOMMENDED ACTION Staff recommends City Council approve this bill for an ordinance. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED This is a new license, created to ensure that persons holding special events in the City of Englewood are licensed, insured, and provide an adequate clean-up deposit. This license is included in a separate Chapter for ease of use. No alternatives were identified . FINANCIAL IMPACT The City of Englewood did not collect any fees for this license in 1996 . LIST OF ATTACHMENTS Copy of a bill for an ordinance &: !.:'§"' Printec en Re cyc led Paper.=~'