HomeMy WebLinkAbout2023 Ordinance No. 0021
BY AUTHORITY
ORDINANCE NO. 02 COUNCIL BILL NO. 70
SERIES OF 2022/2023 INTRODUCED BY COUNCIL
MEMBER NUNNENKAMP
AN ORDINANCE AMENDING TITLE 7, CHAPTER 6C, SECTION 7-6C-6
OF ENGLEWOOD MUNICIPAL CODE TO ADD AND REMOVE CITY
FACILITIES FOR OPEN CARRY OF FIREARMS ON CITY PROPERTY.
WHEREAS, Englewood Municipal Code regarding open carry of firearms refers to City
facilities and parks that are no longer existing; and
WHEREAS, Englewood Municipal Code regarding open carry of firearms omits some
current City facilities and parks; and
WHEREAS, Englewood Municipal Code requires updating to refer to current City
facilities and parks, and to provide additional updates for clarity by referring to the statutory
definition of firearms and to specifically exempt peace officers and uniformed security guards
while on duty.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ENGLEWOOD, COLORADO, AS FOLLOWS:
Section 1. Amendment of Englewood Municipal Code
Title 7, Chapter 6C, Section 7-6C-6 of Englewood Municipal Code is hereby amended to read as
follows (new provisions underlined, deleted provisions struck through):
7-6C-6: Prohibition on the Open Carrying of Firearms.
A. No person shall openly carry a firearm as defined by C.R.S. § 18-1-901(3)(h) The ope
carrying of firearms is prohibited in the following public areas within the City of Englewood:
except for on-duty Police Department personnel.
1A. All City-owned structures, including CityCenter, excluding the Alexan Apartment
Complex and the Wal-Mart property; Bi-City Wastewater Treatment Plant; Allen Water
Treatment Plant and Reservoir; Miller Building ServiCenter; Englewood Police
Department; Safety Services Center (Police-Fire Building) Englewood Police Substation;
Fox Street Safety Services Building; Acoma Street Fire Station; Tejon Street Fire Station;
Malley Senior Center; Englewood Recreation Center;
2. All Englewood Housing Authority-owned structures, including Housing Offices,
3460 S. Sherman; Simon Center, 3333 S. Lincoln; and Orchard Place, 3425 S. Sherman;
and
3B. All City-owned or operated parks, trails, recreational facilities, and greenspaces,
including Belleview Park; Cushing Park; Centennial Park; Brent Mayne Field; Jason
Park; Romans Park; Bates/Logan Park; Cornerstone Park; Rotolo Park; Duncan Park;
Barde Park; Emerson Park; Clarkson/Amherst Park; Baker Park; Miller Field; Depot Park
DocuSign Envelope ID: 4F9034A8-780D-4DFB-B525-108F81802A84
2
Property; Sinclair Pool; Pirates CoveAquatic Center at Belleview; Mary Carter Greenway
and Trail; Little Dry Creek Greenway and Trail; Big Dry Creek Greenway and Trail;
Northwest Greenbelt and Trail; Southwest Greenbelt and Trail; Hosanna Athletic
Complex.
B. This section shall not apply to the open carrying of firearms by:
1. A uniformed security guard acting within their scope of duties pursuant to
contract with the owner of property described above; and
2. On-duty peace officers, acting within their scope of authority and in the
performance of their duties.
Section 2. General Provisions Applicable to this Ordinance
The following general provisions and findings are applicable to the interpretation and application
of this Ordinance:
A. 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.
B. 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.
C. 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.
D. 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 preservation 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. This Safety Clause is not intended to affect a Citizen right
to challenge this Ordinance through referendum pursuant to City of Englewood Charter 47.
E. Publication. Publication of this Ordinance may be in the City’s official newspaper, the
City’s official website, or both. Publication shall be effective upon the first publication by either
authorized method.
DocuSign Envelope ID: 4F9034A8-780D-4DFB-B525-108F81802A84
3
F. Actions Authorized to Effectuate this Ordinance. The Mayor is hereby authorized and
directed to execute all documents necessary to effectuate the approval authorized by this
Ordinance, and the City Clerk is hereby authorized and directed to attest to such execution by the
Mayor where necessary. In the absence of the Mayor, the Mayor Pro Tem is hereby authorized to
execute the above-referenced documents. The execution of any documents by said officials shall
be conclusive evidence of the approval by the City of such documents in accordance with the terms
thereof and this Ordinance. City staff is further authorized to take additional actions as may be
necessary to implement the provisions of this Ordinance.
G. Enforcement. To the extent this ordinance establishes a required or prohibited action
punishable by law, unless otherwise specifically provided in Englewood Municipal Code or
applicable law, violations shall be subject to the General Penalty provisions contained within
EMC § 1-4-1.
Introduced, read in full, and passed on first reading on the 12th day of December, 2022.
Published by Title as a Bill for an Ordinance in the City’s official newspaper the 15th day
of December, 2022.
Published as a Bill for an Ordinance on the City’s official website beginning on the 14th
day of December, 2022.
Read by Title and passed on final reading on the 3rd day of January, 2023.
Published by Title in the City’s official newspaper as Ordinance No. 02, Series of
2022/2023, on the 6th day of January, 2023.
Published by title on the City’s official website beginning on the 5th day of January, 2023
for thirty (30) days.
This Ordinance shall take effect thirty (30) days after publication following final passage.
Othoniel Sierra, Mayor
DocuSign Envelope ID: 4F9034A8-780D-4DFB-B525-108F81802A84
4
ATTEST:
Stephanie Carlile, City Clerk
I, Stephanie Carlile, 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. 02, Series of 2022/2023.
Stephanie Carlile
DocuSign Envelope ID: 4F9034A8-780D-4DFB-B525-108F81802A84