HomeMy WebLinkAbout1957-09-03 (Regular) Meeting Minutes.. UG1ILU llDTIE ta T_.: CITY C~I.L
01' TD CITY 01' BlfGLDOOD, COLORADO,
BBLD TUBSDAY TBB 3RD DAY OF SEPTBllBBR,
A. ·I>• 1957,·AT 8:00 P. M.
• • • • • • •
llonda1, Septeaber 2nd, bein& a leaal holiday, Council bad determined on August 19th to
... t on Tueeday, Septeaber 3rd, at 8:00 P. M. There was no quorum asseabled on Septeaber 2nd.
• • • • • • •
11&1or Purcell called the .. etin1 to order and the Reverend Clayton Hughes, associate
lliniater of tbe Bnslewood Metbodi•t Cburcb, 1ave tbe invocation.
• • • • • • •
Mayor Purcell called for roll call:
PRU&IT:
.ABSBll'I' :
Braun, Brownewell, McCabe, McLcllan, Parker, Rapp, Robbins, Scott and Purcell.
lfone.
• • • • • • •
Councilaan Robbina 110ved, )
AYD:
RAYS:
ABSmn':
McLellan seconded ) that the minutes of August 5th and 19th be approved as
corrected.
Braun, Brownewell, llcCabe, McLellan, Parker, Rapp, Robbins, Scott and Purcell.
Xone.
lfone.
• • • • • • •
Bearing was held on tbe application of Clifford R. Starr for a pac-age liquor store at
3491 So. DoWD1DI•
llr. Bod&D, Attorney repreeentiD& Mr. Starr, presented llr. Starr to the Council and pro-
c .. ded to question llr. Starr to 1et the periinent information needed by t~e Council.
llr. Starr stated that be circulated two petitions obtaining 906 signatures of wbicb 905
were within a eiK block area adjacent to the proposed store.
llr. Bodan stated that the nearest liquor store is on South Broadway wbicb would be approK-
iaatelJ one alle.
llr. Starr stated that approKimately SOI of the people who were asked signed the petition.
llr. M. M. su ... rs, 3140 So. Delaware St., spoke in opposition to tbe issuance of the
liceaae and asked llrs. B. J. Bron of 3248 So. Baerson if tbis neighborhood was considered a
buain••• area or a residential area. llr•. Brown stated it was mostly re•idential and llr.
su ... r• then asked llra. Brown to naae the different bueinee•e• in tbe area. Sbe stated that
tlaere are several fillin1 station•, 1 small 1rocery, 1 110rtuary and a cold drink stand.
llr. su ... rs then stated that approKimately 95' of the people do their shopping on Broadway
and tbat people wanting to buy liquor could buy it there.
Reverend Vern Kllnsaan, Minister of tbe B.aanuel Methodist Cburcb, located in tbe 2700 block
on Soutb DowD1n1, stated tbat be is interested in the 110ral aspect, alnce about 600 of bis cburcb
• atteada0 ta 11•• in tbe area; and be said that "tbi• should DOt happen to these people"; be also
claillecl tbat it would cau•e a deterioration of tbe nei1bborbood. Tbe Minlater stron1ly reco ... nd-
•d tbat tbe Council should conaider tbe n .. d and wiebee of tbe people and tbat the Council sbould
po8tpone &DJ action to perait the e•tabli•baent of this store at this tiae.
Attorne1 Richard J. Si110n preaented petitions bavin1 616 si1naturea prot .. t1n1 tbe issuance
of a retail liquor atore licenae at 3411 South Downin1, and further offered that tbe Council
abould conaider tbe reasonable require .. nt• and de•ire• of tbe inhabitants.
Ill'. ReK Garrett of 3484 South Downln1 Str .. t live• aero•• tbe street fro• tbe proposed
re and does not want to see tb1• licenae issued.
Ill'. Garrett stated that alon1 B. Baapden Avenue the area ls zoned co ... rcial (C-2) for only
100 f .. t on each aide of the street, and that tbi• bu1ldln1 1• in a re•ldential zone.
Councilaan Parlier 110ved, )
AYBS:
llAYS:
ABS&IT:
McLellan seconded ) that the bearin1 be closed for citizens.
Braun, Brownewell, McCabe, McLellan, Parker, Rapp, Robbins, lcott and Purcell.
lfone.
lfone.
Counc~1ma.n Rapp moved. )
AYIS:
DJI:
ABSmn':
Scott seconded ) to table tbe request ~or a i~quor i~cenae ~or ~urtber atudT,
and that the City Attorney study the legality as to zoning
and that the same be handled at the meeting of Septeaber 16,
1957.
Braun, Brownewell, McCabe, McLellan, Parker, Rapp, Robbins, Scott and Purcell.
Rone.
Mone.
Councilll&D Rapp aaked tbe City Attorney if the procedures used by Mr. su ... rs in quest1on-
1as llr•. BroWD doe• not tend to place bi• in the position or form of an attorney; and Mr. Rapp
wlabed to IO on record as objeotin1 to this .. tbod of approach; however be bad no objectlona
to llr. su ... r• representing a group of people.
Councilll&D Robbins moved, )
Parker seconded ) that tbis line of reasoning be stopped.
AYBS:
KAYS:
Braun, Brownewell, McCabe, McLellan, Pt.rker, Rapp, Robbina, Scott and Purcell.·
Rone.
ABSBJl'l': None.
Council11&n Parker moved, )
Braun seconded ) tbat tbe bearing be closed.
AYBS:
KAYS:
Braun, Brownewell, llcCabe, llcLellan, Parker, Rapp, Robbins, Scott and Purcell.
Rone.
ABSDT: Rone.
• • • • • • •
Mr. B. B. Wright, Cbairll&D of a Citizens Committee, and the followin1 .. abers, llr. llartin
Zable, llr. Gene Turpin, Mr. Mrron Bott, Mr. Dudley Pitchford and Mr. Marsh Scott, tbanked tbe
Council for having tabled tbe ordinance on Civil Service until tbe people have decided on wbetber
or not they want Bo•• Rule.
• • • • • • •
llr. Boward Carlson of 1481 Bat .. Parkway presented a petition bavin1 been si111•d bJ 61
r .. ident• on Bat .. Parkwa1, objectin1 to the street naae chance as published in the Bill for
an ordinance.
llr. John B. Wbitebouae said that bi• attorney stated it would cost the residents consider-
able if tbe street name is changed.
Mr. Carlson stated that since this street bad been established over 5 J8&rs and since it
would require so macb work to establish new resident designation, be requests that tbe street
••• not be changed.
Council11&n Parker moved, )
Rapp seconded ) that llr. Carlson's reco ... ndation be received in considera-
tion of possible corrections later. -
AYKS: Braun, Brownewell, McCabe, llcLellan, Parker, Rapp, Robbins, lcott and Purcell.
RAYS: Rone.
ABSDT: None.
• • • • • • •
A letter waa presented and read fro• tbe Board of Directors of the Cbaaber of co ... rce
aakin1 that appropriate action be taken to increase tbe time limit from two to three hours for ~
off-street parking on the City parkin1 lot bounded by Acoma and Bannock Streets and Greenwood
and West Girard Avenues ·
Council11&n Scott m>ved, )
Braun seconded ) that tbe above request be received and tabled for furtber
study.
AYBS:
RAYS:
Braun, Brownewell, McCabe, llcLellan, Parker, Rapp, Robbins, .Scott and P,uroel~.
None.
ABSSlft': None.
• • • • • • •
A letter was received fro• Mr. c. B. Schmeckpeper of 3992 So. Buron Street addresaed to
Councilaan Rapp in wbicb be states tbat be bas been asked to deed a portion of bis property
for an alley. Be wants inforaation on bow this will affect him, as to alley grade line and
possible sanitary .... r coat. Letter was presented to City Manager for further study.
• • • • • • •
City Ila.Dager presented and the Clerk read a letter received, and the reply to Mr. Lenard
A. Johnson, 2948 So. Corona.
• • • • • • •
City llanager stated that $225,000.00 in water bonds should be sold at this ti .. (also re-
co ... nded by the Water Advisory Board). ·
Councilaan Brownewell moved, )
McCabe seconded ) that a bond house proposal be received for Council con-
sideration on September 16, 1957.
AYBS: Braun, Brownewell, McCabe, llcLellan, Parker, Rapp, Robbins, Scott and Purcell.
RAYS: Rone. ·
ABSBIT: None.
• • • • • • •
The Water Advisory Board reco ... nded to Council that special water counsel be authorized
to assist the Attorney General in any proceedings that be might bring to test the validity
of tbe formation of the Blue-South Platte Water Conservancy District.
Councilll&D Rapp moved, )
Robbins seconded ) that tbe City continue witb some degree of participation
in a "testing" case on tbe Blue River-South Platte Dis-
trict 11&tter.
A~: Braun, Brownewell, McCabe, McLellan, Parker, Rapp, Robbins, Scott and Purcell.
RAYS: Rone.
AmllT: None. • • • • • • •
I
I
I
A reco ... ndation was received fro• tbe Planning Commission relative to tbe resoniD1 of
tbe newlJ annexed area at South Broadway and Belleview, and the matter waa referred back to
Plannins Co.U.ssion for proper handling (bearing on rezoning).
• • • • • • •
A -110randua waa received fro• the Zoning Board of Adjustment regarding tbe .requeat of v. A. Buck ... ter for variance on reaidenc .. to be built on Erickson Drive. Requir ... nt• are
as followa: "Peraission was granted, provided appropriate dedication of Erickson Drive for
atr .. t purposes is aade and that structure• shall not have basements."
• • • • • • •
A copy of a letter was received by all Councilmen concerning tbe Inter-County Rell.onal
Pl&nniDI Colllliasion ... ting of Auguat 20, 1957, as offered Fred Janssen, Englewood repreaenta-
tive.
• • • • • • •
The following Ordinance was preaented and read:
ORDllfAEB lfO. _, SERIES OP 19 _.
All ORDIRAEB APPROVllfG TRI ADUATIOlf OP TRI PROPERTY BBREIRAFTBR DBSCRIBBD, TO THI CITY
.... ~, COLORADO, AlfD AlflfBXllfG SAID DBSCRIBBD PROPBRTY TO TRI CITY OP BIGL•OOD, COLO-
RADO, TO-WIT: ALL THAT PORTIOlf or SICTIOlf 10, TOWBSHIP 5 SOUTH, RilGI 68 WIST OF TBB SIXTH
PRIIEIPAL MDIDIO, ARAPABOB COUITY, COLORADO, COMTAINBD WITBilf THI POLLOWilfG DBSCRIBBD eomm-
Allllm: BEIDilfG AT A POIJn' 01' TD CDTD LID OP IOUTB BROADWAY lfllBRB SAID CDTBR LID OF
80UTB BROADWAY IITBRSICTS WITH TU CDTD Lllf& OF WIST CHBlfAlfGO AVDUB UTDDBD; TJIBEI a>uTB-
DLY ALOE 'l1Q CDTD Lllfl OF SOUTH BROADWAY TO THI POIIT OF IMTBRSICTIOlf WITB TBB CDTD LID
OP BmJ.WVIft AVDU&; THD:!& W&STDLY AL01'0 TRI CDT ER LIMB OF WIST BBIJ.JWID AVDU• TO TD
POlllT OF llTDSICTIOlf WITB TU CDTD LID or SOUTH BADOCK STRBBT, DTDD&D; THac• .. TRALY
ALO• TllK CDTD LID or SOUTH IWfmcK STRUT TO TBB POIIT OF IITBRSICTIO• WITH TID CDTIB LID
OF WDT GUJm AVDU• UTDDm>; TBml:& USTDLY ALONG THI CDTBR LllfB OF WIST GBAllD AVDUB AS
UT .. D, TO TD POIJn' OF lln'DSrl'IOlf WITH TBB CBlfl'ER LIMB OF SOUTH .ACOllA STRESI' DTIJIDllD;
Tll&IC• llOBTURLY ALOlfG TRI CDTD LID OF SOUTH ACOllA STRIBT AND SOUTH .ACOllA 8TRllT BITDDBD
TO TD POllT or IJn'DSICTIOlf WITH TD CDTD LllfB OF WIST CRDARGO AVllUB; TllBJEI BASTBRLY
ALOSI TD CDTD LID OF WIST CBDAJIGO AVDUB Alm WIST CRBNAlfGO AVBlfUB BXTDDBD TO TBB POllT
OF BmIDilfG.
Councilaan Braun aoved,
Robbins aeconded
)
)
. that the above Ordinance just read be introduced and
OIDlllOCB
m. •
AYBS:
1fA'f8:
ABSDI':
pasaed on second reading as Ordinance No. 16, Series
of 1957 and ordered published in the Bn1lewood Herald
and bterprise.
Braun, Brownewell, McCabe, llcLellan, Parker, Rapp, Robbins, Scott and Purcell.
lfone.
Mone.
• • • • • • •
Tb• folloWiDI Ordi~ance was preaented and read:
ORDllfAEB lfO._, SERIES OF 19_.
Alf OBDllfAICB AllDDllfG ORDllfAlfC& lfO. 13, SBRIBS OF 1951, TO PROVID•. POR TRI FILLillJ IN OP
SPM:U UTWBD TRI CURB LllfBS Alfi> TD SIDDALIS WITHIN TRI CITY OP .BlfGLBWOOD, COLORADO.
Councilaan Braun aoved, )
llcLellan aeconded ) tbat the Ordinance just read be introduced and passed
OllDlllAllC& on ••cond reading as .Ordinance No. 17, Series of 1957,
llO. 17 and ordered published in the Inglewood Herald and
bterpriae.
AYD:
RAYS:
ABSDI':
Braun, Brownewell, McCabe, llcLellan, Parker, Rapp, Robbins, Scott and .Purcell.
lfone.
Mone.
• • • • • • •
The following Ordinance was pr .. ented and read:
ORDllfAllCa lfO._, SERIES OF 19_ .
Alf ORDllfAICB TO BB KlfOWlf AS TBB ".AITl-LITl'BR aaDilfAJ«:B OF TRB CITY OF BlfGLDOOD, COLORADO",
PBOBIBITlltG Tllm LITl'mlllG OF PUBLIC AID PRIVATB PLACBS · WITHIN SAID CITY; R.auLATI.O 're. DIS-
TRIBUTIOlf OF CIRCULARS, llAlfDBILLS, OR OTB&R Ll'EBRATURB AJID PROBIBITilfG CBRTAIB PRACTICD Ilf COK-
llll:TIOB TBDalTB; PROBIBITlltG TD DllCBARGB OF LIQUIDS UPOlf TRI PUBLIC WAYS; .PROVIDIIG PDAL-
TIU POR TD VIOLATIOlf OP TRIS SAID ORDilfAEB AJID PROVISIONS ~R TD BllWORCBllDT TBDmC>F; U-
PULIE ALL ORDIRAJICBS AlfD PARTS OP ORDllfAEBS IN CONFLICT HERBWI'ftl; AJID DICLARilfG .0 BllBRGBEY.
Councilaan Rapp aoved, )
Brownewell seconded ) that the Ordinance just read be introduced and passed
lllDillAR::B on aecond reading as Ordinance No. 28, Series of 1957,
KO. 18 and ordered published in the Englewood Herald and
Enterprise.
AYBS:
1fAYS:
ABSDI':
Braun, Brownewell, McCabe, McLellan, Parker, Rapp, Robbins, Scott and Purcell.
lfone.
None.
• • • • • • •
The following Bill for an Ordinance waa pre•ented and read in full:
A BILL
l'OR AJf ORDilfAJCB RBLATl1'G TO AJfD BSTABLIBRlllG CDTAIR ACTS AS OFFBNSBS AGAllfST TRB CITY OF
DGLDOOD, BSPll:IALLY SBTTilfG FORTH TBOB• on.DBS RBLATIJfG TO CHILDRD, OPFDSBS AGAIJllT
GOOD MORALS, ORU1'SBS RBLATilfG TO PUCU or PUBLIC ASSBllBLY AID RBLIGIOR, onDSB8 AGAI•T
PUBLIC ORDBR A1'D SAPBTY ARD OFPDSU AGAIRBT PROPBRTY, PIXIJfG PBlfALTIB8 FOR TD VIOLATIOK ·
TBBRBOr, A1U> RBPBALilfG ORDilfAlfCB 1'UllBD8 4, 5, 8, 9, 10, 13, 15, 18, 13, 28, rl, 32, and
37, SBRIBS OP 1912, ORDilfAlfCB lfUllBBR 4, SBRIBS OP 1917, C:W IMAlfCB 1ftJllBBR 8, SBRIB8 C1' 1939,
ORDlllAllCB MUllBBR 3, SBRIBS OP l~~, SET IO• 2, ORDIMAlfCB lftJllBBR 30, SDIBS OP 1912, SICTIO• 1·
3, OBDllfAlfCB lfUllBBR 31, SBRIBS OP 1912, BETIOR 1, ORDilfAlfCB 1n1llBBR 38, SDIU OF 1912, :
SICTIOB 14, ORDilfAltCB lfUllBD 38, S&RIU or 1912, SETIOM 5, ORDilfAlfCB 1ftJllBBR 15, SDID O"I 1943,
SICTIOD 2 A1'D 8, 0811fAltCB MUllBBR 28' smua OP 1954' AJfD ALL OTBBR ORDIRABCBS ill> PA81'8 O"I
OBDllUEBS IR COD'LICT lllRBWITH.
BB IT ORDAillBD BY THE CITY COUIEIL or TD CITY OP DGLBWOOD, COLORADO:
ARTICLE 1. OITDSBS APPJl:TilfG CHILDRD
1.1. Wron19 to Children. It •ball be unlawful for any person bavin1 the care, cwitodJ,
control, confidence of, or influence over &DJ child to willfully cause or perllit tbe life of
such child to be endangered, or tbe health of aucb child to be injured, or tbe morals of such
child to be iapaired; or to willfully cau•• or perait such child to be placed in aucb a situa-
tion, bu•ineaa, or occupation that it• life, health, or morals shall be enclansered; or to
willfully or negligently deprive of nece••ary food, clothing or shelter, or in any other 11anner
injure such child unnessarily.
1.2. Hiring Children Under Fourteen During School Hours. It shall be unlawful for &DJ
person, fir•, or corporation to take, receive, hire, or employ any child under ~be age of
fourteen (14) years to labor in &DJ •-lter, 11111, aine, factory, or in or about any buainess
or eaploJ .. nt whatever within the CitJ of Bn1lewood, durin1 its acbool hours of &DJ school
day •.
1.3. Minors in Billiard Parlor• and Pool Rall•. It shall be unlawful for &DJ person I
wbo keepe, conduct•, or operate• &DJ billiard or pool table for profit, or wbo keepe, aoaclucts,
or operates any rooa or roo .. wherein i• kept, u•ed, or operated for profit &DJ billiard or
pool table of any kind whatsoever, to perait or allow any minor under tbe age of eiS)lteen (18)
to play thereon or to use any aucb table, or to be, remain in, or frequent any aucb ·rooa.
1.4. llinors Under the Al• of TwentJ-On• Years in Gambling or Drinkin1 Houses. It shall
be unlawful tor &DJ person who i• the proprietor or keeper of a tavern to eaploJ or perait any
ainor under the age of twenty-one J•ar• (21) to frequent or be in or about such place, unless
accoapanied by a parent, or to drink &DJ intoxicating liquors or beer or any otber fer .. nted
aalt beverage in or about the ••-, or to en1a1e or participate in any game of billiardll, or
&DJ g&ll8, bet, or wager with any cardll or &DJ other gaabling device, or &DJ other g ... wbatso•
ever in or about such place.
1.5. Duty to Post Sisn. It •ball be tbe duty of any per110n .wbo is tbe proprietor or keep-
er of a tavern to poet con•picuoualJ in bi• place of busin .. • tbe following sign: "Ml.:>RS
UIU>BR THB AGB OP TWDTT-OD (21) YUKS llOT ALLOWBD HBRB UlfLBSS ACCOllPARIBD BY PARDT".
1.8. Unlawful to Allow Children on Street• After Certain Hours. It shall be unlawful
for any parent, suardian, or otber per110n bavina care or custody of any cbild under tbe age
of •ixteen (18) year• to allow or perait &DJ aucb child to be or reaain upon any street,
alleJ, or otber public place aubaequent to tb• hour of eleven (11:00) o'clock P.M., or prior
to tbe hour of five (5:00) o'clock A.M., except for lawful employaent or unless there exists
a reaaonabl• nece••ity therefor; or unl••• aucb cbild is accompanied by the parent, guardian,
or otber person of tbe age of twent1-one (21) years having permission of tbe parent or guard-
ian to bave the custody and care of •ucb child; or by any person between the ages of ei1bteen
(18) J•ar• and twentJ-one (21) year• bavin1 in bis or her possession written permission fro•
tbe parent or suardian to have the care or cuatody of such .child; grovided that, on Priday
and Saturday niabt•, tbe curfew bour for children between tbe ages of fourteen (14) yeara
and a1at .. n (18) J•ar• aball be ••tended to tbe hour of eleven-thirty (11:30) o'clock P.K.
1.7. Tattooing of Minora. It shall be unlawful for any person to tattoo any minor in
tbe City of BDslewood or it• police juriediction.
1.8. Unlawful Purcbaae for Minor. It aball be unlawful for any person, whether for
re .. neration or not, to procure for any ainor any article wbicb tbe minor is forbidden bJ
law to purcb-•.
ARTICLB 2. onosa IR TU RATUR& or COIOIERCIAL TRARSACTIORS IMVOLVIlfG CBILDRD
2.1. Unlawful tor Second-Rand Dealer• to Deal With Minors. It shall be unlawful for
&DJ •econd-band dealer, junk •bop k .. per, or houae-to-bouse second-band buyer to purchase froa,
••11 to, or in &DJ 11anner deal witb &DJ ainor under the ase of ei1bteea (18) years, except
tbat aucb llceD8 ... a&J purcbaae old r&19 and waate paper from minors under tbe as• of eipat-
.. n (18) J•ar•. Thi• section •ball applJ to eaployees, agents, or servants of tbe afore .. n-
tioned dealer•.
I
2.2. Purchase of Bicycle Part• fro• Minors Prohibited. No person dealin1 in -icJclea ~ I
or bicycle part• •ball pur.cbaae any bicJcl••, or parts of bicycles, or bicycle fr&88a, or~ ~
bicJcle acceaaori-fro• any ainor. m
2.3. Unlawful to Sell Liquor Rear Scbool•. It •ball be unlawful to sell, offer, or
eapoae for •ale or 1ift, beer or &DJ vlnou•, apiritoua, or malt liquors within a distance of
five hundred (500) feet fro• any private, public, or parochial scbool, said distance to be
coaputed bJ direct .. aaure .. nt troa tbe neare•t property lines; provided, however, that tbia
prohibition •ball not affect tbe riibt• of &DJ person, firm, or corporation now boldin1 a
lawful perait or license to conduct •ucb bu•ineaa within the restricted area bereby eatab-
liabed; nor •ball tbi• prohibition prevent the renewal upon the expiration thereof of &DJ
liceD8e in effect at tbi• ti .. autborisin1 •ucb business within the restricted area berebJ
.. tabli•bed.
ARTICLB 3. OFFBlfSBS BY CHILDRD
3.1. Children not Per•itted on Streets After Certain Hours. It •ball be unlawful for &DJ
child under tbe age of sixteen (16) year• to be or remain upon any street, alley or other pub-
lic place subsequent to tbe hour of eleven (ll:OO)P.M., or prior to tbe hour of five (5:00) A.•., except for lawful eaploy .. nt or unle•• there exists a reasonable necessity therefor; or,
unl .. • aucb child is accoapanied by tbe parent, guardian, or other person of tbe age of twenty-
one (21) years having perlli••ion of tbe parent or guardian to have tbe custody and care of such
child; or by any person between tbe a1•• of ei1bteen (18) and twenty-one (21) years having in
bi• or her poee ... ion written perllieaion fro• tbe parent or guardian to have the .care or 4111stody
of aucb child; provided, that on Friday and Saturday nights, tbe curfew hour for children be~-·
tween tbe ases of fourteen (14) and aixteen (16) years shall be extended to tbe hour of eleven-
tbirty (11:30) o'clock P.M. ·
3.2. Unlawful for Minor to Make Fal•e Statement or Present False Credentials for Purpose
of Gainins Adaission to Prohibited Placea. It shall be unlawful for any ainor to make false
atate .. nta; or to furnish, present, or exhibit any fictitious or false registration card,
identification card, or note or other docu .. nt; or to furnish, present, or exhibit such docu-
.. nt or docu .. nta issued to a peraon other than tbe one presentinc tbe sa .. , for tbe purpose
of 1aining adllission to pool or billiard roo .. or other prohibited places, or for tbe purpose
of procuring tbe sale, gift, or delivery of prohibited articles, including beer, liquor, or
wine.
3.3. Unlawful Services of Others. It shall be unlawful for any minor to engage or utilize
tbe services of any other person, whether for remuneration or not, to procure for such minor
&DJ article wbicb tbe minor himself i• forbidden by law to purchase.
3.4. Unlawful for Minors to Frequent Pool Rooms. It shall be .unlawful for any minor un-
der tbe age of eighteen (18) years to be found in a pool or billiard room wbicb is open to tbe
public except when accoapanied by a parent or l(U&rdian.
ARTICld 4. OFFBMSBS AGAIMST GOOD MORALS
OFFBMSBS IMVOLVIMG GAllBLIMG
4.1. Maintaining Gaabling Device•, Playin1 Gambling Devices, Betting on Gaaes Prohibited.
It shall be unlawful for any per•on to •et up, have, or keep any keno table, faro bank, shuffle-
board, bagatelle, pl&Jin1 carda, or other inatrument, device, or thing whatever, whereon or
witb wbicb &DJ money, liquor, or other article ahall in any aanner be played for; or to play
for money, or &DJ valuable tbin1 at &DJ 1a .. with cards, dice, or with any article, device, or
tbiDI wlateyer, wblcb 11&J be uaed for tbe purpoae of playing or betting upon or winning or los-
in1 moneJ or other property; or to bet on &DJ 1a .. others may be playing.
4.2. Keepin1 a Gaablin1 Rouae. It •ball be unlawful for any person to keep a disorderly
or 1aablin1 bouae or to perllit or auffer &DJ taro bank, keno table, or other instru .. nt or de-
vice whatsoever, used for playin1 &DJ game or games of chance, to be set up or used in the City
of &n1lewood, whereon or wberewitb &DJ 1a.. or gaaes of chance may be played for .,ney or other
article of value, in any rooa, buildin1 or tene .. nt in bis possession or under bis control.
4.3. Confiacation of Gaablin1 Devlc... It shall be the right of tbe Chief of Police, and
all .. llbera of tbe Police Depart .. nt of tbe City of Englewood to seize and take any cards,
tabl .. , check•, ball•, wbeela, or device• of any nature or kind, used or kept for tbe purpose
of 1aablin1 or playin1 at any same of chance, without warrant or coaplaint, and to .convey the
•&118 before tbe Police M&li•trate of tbe City of Bn1lewood, who shall order the sa .. destroyed.
4.4. Unlawful to Keep Place for Fi1btin1 Aniaals. Mo person, fir•, corporation, partner-
abip, owner, or dealer sball keep or cauae to be kept any place wbere any fowl• or any aniaals
are auffered to fi1bt upon exhibition, or for aport upon any wager.
4.5. llaintainin1 Lotteriea Prohibited. It shall be unlawful for any person or persona to
set up, aaintain, or carry on in tbe City of BD1lewood any lottery or chance for money or gift
distribution.
ARTICLE 5. IRTOXICATIMG LIQUORS
5.1. Unlawful to Sell. Jfo peraon, aaaociation, or corporation .shall, within tbe City of ,
&nslewood, a&Dufacture for aale or gift, aell or keep for sale, or sell to another, or permit
another to keep for aale, or sell, any intoxicating liquor, beer, malt liquor, or wine, on any
preai••• owned or controlled by bi•, ber or it, without a duly issued license therefor.
5.2. Unlawful to Take Ordera. It aball be unlawful for any person, association, or cor-
poration to aolicit or take any o~der or order• for any purchase or purchases of intoxicating
liquor• in any aanner wbataoever, except aa in tbia ordinance provided.
5.3. Unlawful to Bandle. It aball be unlawful for any person to carry on or about bis
peraon, or for any peraon, aaaociation or corporation to engage or employ any other person
to so carry, in any quantity, any intoxicating liquors for tbe purpose of selling, bartering,
ezcbansin1, 1ivin1 away, or ille1ally deliverin1 tbe same in the City of Englewood.
5.4. Officer• Search--Seizure--Arr .. t--Private Residence Exeapted. Any police officer
baviDI peraonal knowledse or reaaonable information that intoxicatin1 liquors are beiDI kept in
violation of law in any place, aball aearcb auch suspe~ted place, and if such officer or person
finds upon tbe prelli•e• intoxfcating liquor• be shall seize tbe same, together with the vessels
in which they are contained, and all iaple .. nts and furniture used in connection witb sucb liquors
in the ille1al keepin1, bar1ainin1, aellin1, exchanging, giving away or carrying tbe sa .. , and
&DJ waeon, automobile, vehicle, contrivance, thing or device used in conveying said liquors or
kept for tbe purpoae of violatin1 any of tbe provisions of this ordinance, and shall arrest any
peraon or peraona in charge of aucb place, or aiding in any manner in carrying on tbe business
conducted in aucb place. Provided, however, that no search shall be made of a private residence
kept aa aucb uni ... it or ao .. part of it i• used in connection with or as a store, .shop, hotel,
boardin1-bouae, roollins-houae, or place of public resort. Any search made pursuant hereto shall
be on •worn affidavit and by search warrant.
5.5. Liquor• Seized--Deatruction Directed After Conviction. If any intoxicating liquors
are found or aeised, the sa .. and tbe veaaela in which they are contained shall be kept bJ tbe
Police Depart .. nt, and, upon conviction, in auch proceedings, tbe judillent entered shall find
aucb liquor• to be unlawful and aball direct their destruction.
5.6. Mo Property Ri1bta in Gooda Seized. There shall be no property rights of any kind
wbataoever in &DJ liquor•, veaaela, appliance•, fixtures, furniture, iaplements, wagons, auto-
110biles, vebicles, or any otber tbinga or devices used or kept for tbe purpose of violatin1 any
of tbe proviaiona of tbia ordinance; &Dd any appliances, fixtures, furniture, imple .. ata,·wagons,
automobile•, vebicles, contrivances or otber tbings or devicea .used and seized shall, upea ·con-
viction in aucb proceedin1s, be ordered by tbe Police Magistrate to be disposed of, aa personal
property is sold under execution, and tbe proceeds thereof sball be applied first in tbe pay .. at
of tbe coats of the prosecution and of any fine iaposed, and the balance, if any, paid into tbe
1eneral funda of the City.
5.7. Intoxicating Liquors of Bvery Kind Covered. This ordinance shall be conatrued liber-
ally to include within its proviaiona intoxicating liquors of every ·kind and character, which
now are in use or wbicb in the future .. y co .. into use as a beverage, no matter by what n... I
they .. Y be known or called, and no .. tter bow amall the percentage of alcohol tbey ... y contain,
and no .. tter what other in1redienta .. Y be uaed in them.
5.8. Unlawful to Po••••• or Conau .. Intoxicating Liquors in Public Places.
(a) It shall be unlawful for any person to drink or to have in his possession or
under bis control in any public place any intoxicatin1 liquor· in any container
of any kind or deacription which is not sealed or on which the seal is broken.
Provided, however, that nothin1 in this section will permit anyone under the age
of ei1hteen (18) year• to have in his possession any intoxicating liquor of &DJ
kind in any manner whataoever.
(b) The word "container" aball include any decanter, flask, bottle, jar, thermos
bottle or jug. ·
(c) The word "seal" •hall .. an the regular and original seal .applied by order of tb•
United States Govern .. nt over the cap of each and every container of intoxicating
beverages.
(d) "Public Place" shall include and is not limited to, any pool rooa, sidewalk,
street, alley, park, field houae, stadium or ball park.
5.9. Intoxication: Dru1 Addiction; Disorderly Conduct.
(a) It shall be unlawful for any person under the influence of alcohol, or any nar-, ..
cotic drug, stimulant, or depressant, to be on anf str, .. t, thoroughfare, or
other public place within the City of Englewood.
(b) It sball be unlawful for any peraon under the influence of alcobol, or ·any nar-
cotic druc, stimulant, or depreaaant, in any private house or place to be drunk,
t~b\alent, violent, aenacin1 or disorderly to such an extent as to jeopardize
persons or property or to .. nace the public peace and safety.
(c) All law enforcement officers are authorized and empowered to arrest or cause to
be arrested with or without process, any persons found violating tbe ·provisions
of this section.
5.10. Dancing. Public dancin1 aball aot be permitted in the same room where the bar is
located fro• which .. it, beer, wine, or intoxicating liquor is sold.
ARTICLE 6. OFFENSES RELATING TO SEX
6.1. Definition of '-'Prostitution" and "Prostitute".
(a) Tbe tera "prostitution" includes the offering or receiving of the body ·for
sexual intercourse or otber physical aeaual activity for hire.
(b) The term "proati tution" also includes the indiscriminate or proaiscuoua offer-1· .
ing or receiving of the body for sexual intercourse or other physical sexual
activity without hire.
(c) A "prostitute" ia one who engages in prostitution as defined in this section.
6.2. Definitiona of "Bawdyhouae" or "House of Assignation", and "Bouse of Prostitution".
(a) A "bawdy house" or "houae of assignation" is a house or place lllept for ·the
shelter and convenience of persons desiring unlawful sexual intercollZ!&e or·
other unlawful physical sexual activity and where such intercourse or activity
is practiced.
(b) A "house of proatitution" is a house or place kept or resorted to for the purpose
of prostitution.
6.3. Definition of "Lewd Act".
(a) The term "lewd act" shall include an appearance in the state of nudity or in any
indecent or lewd dreaa.
(b) The tera "lewd act" ahall alao include indecent exposure and exposure of tbe pri-
vate parta.
(c) A "lewd act" is an indecent, wanton, and lascivious act co..U.tted in tbe pres-1· .
ence of another or in a place open to the public view. ,
6.4. Definition of "lleretricioua Diaplay". "Meretricious Display" includes any act, sip,
1eature, or manifestation which allure•, or is calculated to allure, entice, or is callulated ·
to entice by a false sbow, gaudineaa, tawdry ornamentation, or lascivious suggestion for purposes
of proatitution.
6.5. Offenses Relating to Proatitution. It shall be unlawful for any person to:
(a) Coaait or offer or a1ree to co .. it a lewd act or an act of prostitution;
(b) Secure or offer another for the purpose of comaittin1 a lewd act or an ·act of
prostitution;
(c) Be in or near any place frequented by the public, or any public place, for the
purpoae of inducing, enticin1, or procuring another to collllit a lewd act or an
act of proatitution;
(d) llake a .. retricioua diaplay in or near any public place, any place frequented
by the public, or any place open to the public view;
(e) Transport knowingly any peraon to any place for the purpose of co .. itting a lewd
act or an act of proatitution;
(f) Receive, or offer, or asr .. to receive knowingly any person into any place or
building for the purpoae of perforlling a lewd act, or an act of prostitution,
or to perait knowin1ly any peraon to remain in any place or building for any
auch purpoae;
(1) Direct or offer or aaree to direct any person to any place or building for the
purpoae of co .. ittiDI ADJ lewd act or act of prostitution;
(h) In any 11&11ner aid, abet, auffer, penait, or participate in the doing of any of
tbe act• prohibited bJ Section• 8.1 to 8.5 above.
6.8. Solicitation of Drink•.
(a) It shall be unlawful for any woaan to frequent or loiter in any tavern, cabaret,
or ni1ht club, with the purpoae of soliciting men to purchase drinks.
(b) It •ball be unlawful for the proprietor or operator of any such establishment
to allow the preaence in auch establishment of any WOIULD who violates the pro-
visiona of thi• aection.
8.7. Porno1rapb. It •ball be unlawful for any person to possess or exhibit to sell or
offer for sale or to circulate or diata-lbute any indecent or lewd book, picture, or other
thin1 whatever of an i11110ral or acandalou• nature, or to exhibit, perform or present any indec-
ent, i11110ral or lewd plar, 110tion picture, lecture, de11e>nstration, or other representation.
6.8. Indecent Acta; Uae of Filthy Lanpaa1e.
llit any indecent or filthy act in any place within
abuaiYe or filtby l&D1U&1e in the bearin1 of otber
, .. ture to or about any otber peraon publicly.
It shall be unlawful for any person to com-
this City or to utter anr filthy ~rd or any
persons publicly, or to make any obscene
8.9. Unlawful to Re1i•ter Fictitious Kaae. It shall be unlawful for any person to write
or cauae to be written, or knowin1ly perait to be written, in any register in any hotel, lod-
11DS bouae, roollina bouae, or other place whatsoever where transients are accomodated in the
CltJ of SDalewood, any other or different .... or designation than the true name of the person
80 re1i•tered therein, or tbe na .. by which auch person is generally known.
8.10. Unlawful to Rent to Peraona of Opposite Sex Unless Registered as Husband and Wife
or Parent and Minor Cblld.
(a) It aball be unlawful for the proprietor, manager, or other person in charge of
any auch botel, lodgin1 houae, roolling house, or other place wbere transients are ·
acco110dated, to rent, or to auffer or permit to be rented, or assigned to, or
privately occupied jointly by persons of opposite sex any room or roo9S in such
hotel, lodging houae, rooaing house, or other place where transients are accomo-
dated, unleaa auch persona shall be registered as husband and wife, or as parent
and ainor child.
(b) It shall be unlawful for such proprietor, manager, or other persons in charge of
such hotel, lOdging house, rooaing house, or other place where transients are
acco110dated, to receive any peraons as guests therein, notwithstanding such
re1istration, if he shall have reasonable cause to believe such persons not to
be husband and wife or parent and minor child, and wben such guests, or either
of the•, are unknown to hi•, it shall be unlawful for him to receive tbea as
guests without first requirin1 some reasonable eYidence of such relationship.
6.11. Unlawful for Two Persons of Opposite Sex to Occupy Hotel Room Together; Bxcept-
iona. It shall be unlawful for any persons of opposite sex, except ~usband and wife or parent
and ainor child to occupy jointly and privately any room or rooms in any dwelling unit, apart-
.. nt, lodgina house, hotel or roo•ina house, or any other place where transients are accomo-
d&ted.
6.12 Unlawful to Let Room More Than Once Between 6 P.M. and 6 A.M.; Exceptions. It shall
be un1aw~u1 ~or any person to 1et ~or a1eeping or 1odging purposes any room, or rooms ·in any
dwe11in& un~t, apartment, 1odaina houae, hote1, or rooming house, or any other p1ace where
tranaienta are accomodated, l*>re than once between the hours of six o'clock in the evening and
aix o'clock in the morning of the next day, except to bona fide travelers with baggage.
6.13. Indecent Exhibitions of Ani .. ls.
(a) It aball be unlawful for any person to exhibit &Df stud horse or bull or other
aniaal indecently.
(b) It shall be unlawful for any person to let any male animal to any feaale animal
or ani .. l• unless the sa.. be done in some place wholly enclosed and out of
public view.
ARTICLE 7. VAGRAll::Y, LOITIRING AND UNLAWFUL CONGRIGATIOK
7.1. Vagrants. The followin1 peraona shall be deemed vagrants in the ~City of Englewood:
(a) Any person havin1 no lawful .. ans of employment and having no lawful aeans of
support realized aolely fro• lawful occupations or sources; or, any i-rson who
lives idly and without viaible means of support.
(b) Any person found loiterin1 or strolling in, about, or upon any street, lane,
avenue, alley, or any other public way or public place, or at any public 1ather-
ings or aaaeably, or in or around any store, shop, or business or co ... rcial
eatabliab .. nt or on any private property or place without lawful buaineae,
conducting bl .. elf in a lewd, wanton or lascivious manner in speech and behavior.
(c) Any peraon upon wboae peraon or in wboae posseasion shall be found any instru .. nt,
tool, or other imple .. nt for picking locks or Poekets, or any iaple .. nt that is
usually employed or that reaaonably may be inferred ia designed to be eaployed
in the comaission of any felony, aisdemeanor, or tbe violation of any ordinance,
who shall fail to account aatiafactorily for the possession of tbe sa ...
(d) Any person wandering abroad and occupying, lodging, or sleeping in &DJ vacant ,-
or unoccupied barn, garase, abed, shop, or other building or structure, or in
any automobile, truck, railroad car, or other vehicle, without owning sa .. or
without perllission of tbe owner or person ent1tled to tbe possession of tbe
sa .. , or sleeping in &DJ vacant lot during the hours of darkness and not giv-
ing a satisfactory account of himself.
(e) Any person wandering abroad and begging; or any person who goes about fro• door
to door of private bo .. a or co ... rcial and business establishments, or places
himself in or upon &DJ public way or public place to beg or receive alms for
bi .. elf.
(f) Any peraon who ia a collllOn drunkard, found in any place where beer or other in-
toxicating liquor ia aold or kept for sale.
(g) Any person who wander• about the atreets, alleys, or other public ways or places,
or who is found abroad at late or unuaual hours in the night without any visible
or lawful buaineaa and not giving a aatiafactory account of himself.
(b) Any person who aball •Dias• in any fraudulent scheme, d•vice, or triqk ,to ob-
tain a:>ney or other valuable tbinga from others; or any person wbo aids or as-
siats aucb trick, device or acbeae.
(i) Any peraon who aaka or receiv .. any compensation, gratuity or reward for prac-
ticing fortune-telling, palaiatry, or clairvoyance.
(j) Any peraon who k .. pa a place where lost or stolen property is concealed.
(k) Any person found peeking or looking into any private room or dwelling bouae, or
trespaasing upon tbe pre•i••• of other persons without lawful buaine~a .tbereon.
(1) Any person who aball be tbe keeper, proprietor, exhibitor, or user of &DJ .1&111>-
ling table or device, or who aball aaaist or attend at any gambling table or
device; or, any peraon who, for the purposes of gaabling or gaaing, travel.8 about
fro• place to place or frequents places where alcoholic beverages are sold,
railroad cars, trains or depota, or buildings or structures, whether oqcupied
or vacant.
(•) In the proaecution of any peraon charged with violating Section 7.1 hereof, it
aball be sufficient to abow three (3) prior convictions of drunkenness durin1
the next previoua six (6) .,ntbs.
7.2. Penalty for Vasrancy. Any person who shall be convicted of being a vagrant accordin1
to tbe ter .. of this article, shall be guilty of a violation of this ordinance and subject to
the penalty provided therefor.
7.3. Loitering Prohibited. It shall be unlawful for any person or persons to be upon any
public way or place of public nature in such 1D&Dner as to:
(a) Interfere with the free and unobstructed use of such public way or place of
public nature by any other person or persons; or,
(b) To be profane, lewd or wanton in speech or behavior in such public way or
place.
7.4. Unlawful Congregation. It aball be unlawful for any persons to congregate in any
public way or place, or in or around any atore or shop, or at any public gathering or aaaembly
and conduct tbe .. elves in a profane, lewd, or wanton manner.
ARTICLE 8. CRUELTY TO ANIMALS
8.1. Cruelty to Ani .. la Unlawful. It shall be unlawful for any person, fil"lD, er corpora-
tion to overdrive, overload, drive when overloaded, overwork, torture, deprive of necessary
sustenance, cruelly beat, mutilate, or kill needleaaly, or to carry or transport in any vehicle
or otherwise in a cruel and inhuman manner, any animal or to cause any of these acts to be done.
8.2. Starvation of Aniaala Unlawful. It aball be unlawful for &DJ person, f~ra,, er cor-
poration having charge or custody of &DJ aniaal to fail to provide it with proper food, drink,
and protection fro• tbe weatber or to cauae any of these acts to be done.
8.3. Abandon .. nt of Aniaala Unlawful. It aball be unlawful for any person, fira, or
corporation to abandon any aniaal, or to cauae aucb to be done.
8.4. Unlawful to Keep Place for Pigbting Aniaala. It shall be unlawful fo~ any peraon,
fir•, or corporation to keep or cauae to be kept any place where any fowls or any ani•l• are
auffered to fight upon exhibition, or for aport upon any wager.
8. 5. SupplJ. of Food to Iapounded Aniaala by any Person Perlli tted. .In case &nf. -.n1 .. 1
or ani.ala aball be at any ti .. iapounded and shall continue to be without neceasar1 food or
w~ter a:>re tban twelve (12) conaecutive boura, it shall be lawful for any person frea ti .. to
ti•• and aa often aa it aball be necessary, to enter into or upon &DJ pound or corral in wbicb
&DJ ~ucb aniaal or aniula aball be confined, and supply it with neceaaary food and water so
long aaa it aball re-in ao confined. Such person shall not be liable to any action for aucb
entry, and tbe reaaonable coat of •ucb feed and water may be collected by bi• fro• tbe owner of
such aniaal.
I
·1
I
a.6. Poisonin1 Do1s. It shall be unlawful for anr person to poison any dog or dogs or
otber pet or pet•, or to distribute poiaon in any manner whatsoever with tbe intent ~ for tbe
parpoae of poisonin1 auy do1 or do1a, or other pet or pets.
a.7. Frl1btenin1, Sbootin1, Killin1, Trapping, Molesting, etc., Song and Insectiverous
Birda. It sball be unlawful for any peraon at any time within tbe corporate liaits of tbe City
of Knslewood to fri1bten, aboot at, wound, kill, take, capture, ensnare, net, trap or in any
otber 11a11ner molest or injure any robla, lark, whip-poor-will, finch, sparrow, tbr•sh, wren,
11artin, swallow, snow-bird, bobolink, red-winged blackbird, crow, raven, oriole, kingbird,
moclrin1 bird, aoas-•parrow, or other aon1 bird or insectiverous bird; or in any manner molest or
iajure tbe neat ecss, or JOUDI of any aucb bird; or have in possession tbe nest, eggs, young
or body of sucb bird.
a.a. Unlawful to Possess, Btc., Dyed Baby Chicks, Btc.
(a) It ·shall be unlawful for any person, firm, or corporation, to possess, display,
sell, or give away dyed, colored, or in any way artificially treated baby
chicks, ducklin1a, fowls, rabbits, or any animals as pets, playtbings,novel-
ties or gifts. ·
(b) This section shall not be construed to prohibit tbe display by batckeries,
stores, ownera, dealer•, or person engaged in tbe business of selling tbe
same to be raiaed for food; but no such hatcheries, stores, owners, dealers,
or peraona •ball •ell or sl•e awar baby chicks, ducks, fowls, rabbits, or any
aniaals aa peta, playtbin1•, or novelties.
a.9. Doi Fight -Causing Unlawful. No person shall cause, instigate, or enceurage any dog
fiibt in any public place or private place within the City of lrnglewood.
ARTICLB 9. OFFBNSBS RBLATING TO PRESS, PUBLICATION, ASSBllBLY, AND RELIGION
A. --AMNONYllOUS PAPERS
9.1. Definition of Anonymous Paper. An "anonymous paper", within tbe meaning of this
article, is hereby defined aa any circular, pamphlet, card, or dodger wbicb does not contain
t~e na .. of tbe individual sponsor thereof; or, if sponsored by a co-partnership, the naaes of
tbe .. llber• thereof; or if sponsored by an association, tbe name . of tbe president or other
bead officer; or, if aponaored by a corporation, the name of the president or other bead of-
tl .. r thereof.
9.2. Unlawful to Publish AnonJllOUS or Hate-Inciting Paper. It shall be unlawful to pub•
lisb or distribute, or cauae to be published or distributed within tbe City of Englewood:
(a) Any anony11e>ua paper, as herein defined;
(b) Any circular, paaphlet, card, or dodger, whether anonymous or not, which
incit .. , counaela, pro11e>tea or advocates hatred, violence, or hostility
a1ainat any person, or group of persons residing in tbe City of '8sltnre>dd
by .rea•~n of race, color, religion, or manner of worship.
B. --ASSBllBLY
9.3. Aaa .. blin1 to co .. it Unlawful Act. It shall be unlawful for any three (3) or more
persona to aaaeable to1etber in tbia City with an intent to do an unlawful act; or, being as-
aetlbled, mutually to aaree or act in concert, to do an unlawful act with force or violence
asatnat tbe property of tbe City or tbe person or property of another, or against the peace
aad to tbe terror of others; or to ll&ke any move or preparation therefor; or, being present
at aucb ... tin1 or aaaeably, to fail to endeavor to prevent the co .. iasion of or perpetration
of aucb unlawful act.
C. --RBLIGION
9.5. Unlawful to Disturb Reli1ioua Worship. It shall be unlawful for any person, firm,
or corporation to diaquiet or disturb any con1regation or asseably for religious worship by
aalEiDS a noiae or by rude or indecent behavior, or profane discourse within their place of
worabip, or ao near tbe .... aa to disturb tbe order o~ aole11Dity of the meeting.
ABTICU 10. OFFDS• AGAINST PUBLIC ORDBR AID SAFETY. ASSAULT.
10.1. Aaaault Defined. An "uaault" is an unlawful atteapt coupled with an apparent
prement ability to collait a bodily injury on the person of another.
10.2. Aaaault.
(a) It ·aball be unlawful to beat, strike, wound, imprl•on, or inflict violence on
another wbere the circu .. tancea show malice.
{b) It aball be unlawful to uaault another with intent to commit murder, rape,
aaybea, robbery, or larceny.
(c) It aball be unlawful to uaault another with a lethal or dangerous weapon,
inatru .. nt, or tbin1 with intent to coaait upon the person of another any
bodily injury where no conaiderable provocation appears or where tbe circum-
stance• or the aaaault abow aalice.
10.3. Aaaault on Child Under Sixteen (16). It shall be unlawful for any person to assault
&DJ cbild under aiatffn (18) year• of aae; or to take indecent and iaproper liberties witb tbe
peraon of aucb child; or to entice, allure, or perauade, or atteapt to persuade any sucb child
iato any rooa, office, or any other place for the purpoae of taking any i1mOdest, immoral, or
indecent liberties with aucb child; or to take or atteapt to take any such liberties with tbe
person of aucb cbild at an1 place.
It •ball be unlawful to be in the proxiaity of any child under aixteen (16) years of
ace in a atate of indecent expoaure witb intent to assault or raviab such cbild.
DISTURBANCE Alm NOISE
10.4. Diaturbing the Peace; Uain1 Offeneive Language. It shall be unlawful for any per-
•
son to diaturb or to tend to disturb the peace of others by violent, tumultous, offensive or
obmtreperoua conduct, or by loud or unu•ual noises, or by unseemly, profane, obscene, or offen-
•ive lansuase, calculated to provoke a breach of the peace; or by assaulting, striking, or
figbtin1 another, or for any person to perait any such conduct in any house or upon &Jl1 pr .. -
i••• owned or posses•ed by bi• or under bi• management or control, when within his power to
prevent, so tbat others in the vicinity are or may be disturbed thereby.
10.5. Vendors Not to Obstruct Public Ways. It shall be unlawful for any person easaged
in tbe sale of newspapers, aasazinea, or other goods or aercbandise, to 1111.ke any unnecesaary
sound or noise, to obstruct any sidewalk or other public place, or to disturb or impede othera.
10.6. Vendors Rot to .Advertiae. It shall be unlawful for any person, to advertiae the
sale of gooda, warea, merchandise, shows, carnivals, or services by means of a radio, phono-
graph, speaker or device in any public or private place or from the air, except in a building
and in such a aanner so aa not to annoy or disturb persons outside the building.
10.7. Operation of Speaker Device. It shall be unlawful for any person to operate a
radio, phonograph, teleyision, speaker or sound device at such a time and in such a 11&DDer aa
to annoy or disturb others.
10.8. Unnecessary Noise. It shall be unlawful for any person to operate a born, sianal,
whistle or other noise or sound making device except when necessary for the protection of lite
or property.
ARTICLE 11. REGULATIONS PERTAINING TO WEAPONS, MISSILES, AND BURGLAR TOOLS
11.1. Unlawful to Carry Concealed Weapons; Forfeiture of Concealed Weapons• ..... · .. ·· ~' ,._,
(a) It shall be unlawful for any person to wear under his clothes, ~ concealed about
bis person, or to display in a threatening manner, any dangerous or deadly weapon including, but
not by way of limitation&, any pistol, revolver, sling shot, cross-knuckles, or knuckles of
lead, brass, or other metal, or any bowie knife, dirk, dagger, or any knife reseabling a bowie
knife, or any other dangerous or deadly weapon.
(b) It shall be unlawful for any person, firm, corporation or asaociation to aell, ,-'
offer to sell, display, use, possess, or carry any knife or knives bavin1 the
appearance of a pocket knife, the blade or blades of which can be opened bJ
a flick of a button, preasure on the handle, or other mechanical contrivanoe.
Any such knife is hereby declared to be a dangerous or deadly weapon within
the meaning of Section 11 above, and shall be subject to forfeiture to .the
City of Englewood as provided by Section 11.2 below.
(c) Every person convicted of any violation of this Section shall forfeit to the
City of Englewood such dangerous or deadly weapons so concealed or diapl&Jed.
(d) Nothing in tbia Section shall be construed to forbid United State• Marshal.a,
sheriffs, constables, and their deputies and any regular, special, or ex-officio
police officer or any other law enforcement officer fro• carrfing or wearing,
while on duty, such weapon& aa shall be necessary in the proper discharse of
their duties.
11.2. Diapo•ition of Confiscated Concealed Weapons. It shall be the duty of every pol-
ice officer, upon ll&king any arrest and taking such a concealed weapon froa the peraon of the
offender to deliver the aa .. to the municipal judge, to be held by hi• until the final deter-
aination of the proaecution for aaid offense; and upon a finding of guilt, it shall then be
the duty of aaid municipal juds• to deliver aaid weapon forthwith to the Chief of Police wbo
shall ll&ke diapo•ition of the weapon. . I 11.3. Unlawful to Possess, Carry or Use Dangerous or Deadly Weapons. It shall be un-
lawful for any person to have in bis poaaeaaion, except within his own dollicile, or to carry .
or uae a revolver or pistol of any description, shotgun, or rifle which 11&J be uaed for the
explo•ion of cartridges, or any air pn, gaa-operated pn or spring gun, or any inatru•nt,
toy or weapon commonly known as a "peashooter", "slingshot", or "beany", or any bow mcle f9r
the purpo•e of throwing or projecting aiaailes of any kind by any .. an• whataoever, whether
aucb inatru .. nt is called by any na .. set forth above or by any other n&11e; provided that,
notbin1 in this Section contained shall prevent the use of any such inati-9 .. nta in •booting
galleries or in any private grounds or residence under circumstances when such inatru .. nt
can be fired, discharged or operated in such a manner as not to endanger peraona or property,
and alao in •ucb aanner as to prevent the projectile from traversing any ground8 or epace
outaide the liait• of •ucb gallery, KJ'OUDds or residence; and further provided, that nothing
herein contained aball be construed to prevent the concealed carrying of any type of ~f.
wbataoever, when unloaded and properly cased, to or from any range or gallery.
11.4. Regulations Pertaining to the Sale of Certain Weapons. It shall be unlawful for
any •econd-hand dealer or pawnbroker, or any other individual, firm, or corporation engased
in the wbole•ale or retail aale, rental or exchange of any of the weapons hereinafter n ... d
to diaplay or place on exhibition, in any show window, or other window, facing upon &DJ
atreet of the City of Bn1lewood, any piatol, revolver, or other firearm, with barrel le ..
than twelve (12) inch•• in len1tb, or any brass or metal knuckles, or any club loaded with
lead or other wei1bta, or &DJ black-jack or billyclub.
11.5.
~
Record to be Kept of Sales of Certain Weapons Covered by Section 11.-1 and 11.4.
(a) Bver1 aecond-band dealer, pawnbroker, or other individual, firm, or cor-
ppration en1a1ed in the aale, rental, or excban1e of &DJ weapon• deacribed
in Section 11.1-2 or 4 •ball keep a record of each such weapon P'lrchaaed,
aold, rented, or exchanged at retail.
(b) Said record aball be aade at the time of the transaction, in a book kept
tor that purpoae, and aball include the name of tbe person to wbo• or troa
wbo• aucb weapon is purchaaed, aold or rented, or with whoa excb&n1ed; bi•
111, pbJ1ical d11cription, occupation, residence, and if r11idiD1 in a citJ,
the atreet and nu•ber where be resides; the make, caliber, and finish of the -... ...
1~reara, tosetber w~tb the nuaber or seria1 1etter tbereo1, 11 any; the date
of tbe purcbaae, aale, rental, or exchange ar such weapon; and the naae of
I
tbe eaployee or other person making such purchase, sale, rental, or exchange.
(c) S&id record book shall be open at all times to tbe inspection of any duly
authorized police officer of tbe City of Englewood.
11.6. Unlawful to Sell Weapons to Intoxicated Persons. It sball be unlawful for aDJ
per90n, fira, or corporation to purcbaae, •ell, loan, or furnish any gun, pistol, ~ other
firear11 in wbicb any explo•ive substance can be used, to any person under tbe influence of
alcohol or any narcotic dru1, •ti11Ulant, or depressant, or to any person in a condition of
asitation and excitability, or to any ainor under the age of. 18 years.
11.7. Unlawful to Tbrow Stones, Snowballs or Missiles. It sball be unlawful for any
peraon to throw any •tone, •nowball, or any other missile upon or at any vehicle, building,
tree, or otber public or private property, or upon or at any person in any public way or
place, or enclo•ed or unenclo•ed around.
11.8. Unlawful to Place Objects on Window Sills; Exceptions. It shall be unlawful for
&DJ per.on to place any bottle, pitcher, vessel, utensil, article, or thing whatsoever upon
tbe window •ill of any block or build1nf wbere such window and window sill are upon ~be ~1de
of a block or buildin1 i ... diately abut ins or fronting upon tbe sidewalk of any public
atreet, unleaa •aid window •ill i• auarded or protected by a wire screen or suitable device
to prevent any article placed thereon fro• falling off.
11.9. Unlawful to Po••••• Burglar's Tools. It sball be unlawful for any person, firm,
or corporation to po••••• any nipper• known as burglar's nippers, any pick lock, skeleton
key, key to be used witb bit or bit•, ji .. y, or any otber burglars' instruaents or tools of
wbatever kind or deacr1pt1on, unl••• it be shown that sucb possession is innocent or for law-
ful purpo•••·
ARTICLJ: 12. Ol'l'BlfSBS AFFBCTING TBB POLICB DBPARTllBRT
12.1. Reaiatin1 an Officer; Bllcaping; Rescuing a Prisoner.
(a) It sball be unlawful for any person to resist any police officer, any .. aber
of tbe Police Depart .. nt, or any person duly empowered witb police authority,
wbile in tbe di•cbarge or apparent discharge of his duty, or in any way to
interfere witb or hinder bi• in the discharge of his duty.
(b) It aball be unlawful for any person to offer or endeavor to assist any per-
son in tbe cuatody of a police officer, a member of the Police Depart .. nt,
or a peraon duly eapowered with police authority to escape or to atteap to
eacape fro• auch custody.
(c) It aball be unlawful for any person to rescue any person in the custody of
a police officer, a .. aber of the Police Department, or a person duly ••-
powered witb police authority.
12.2. Duty of Citi .. ns to Aid Police Officers. It shall be tbe duty of all persons
wbea oa~~ed upon bJ &DF police officer, or any other member of tbe Police Department to
prOllJ)tly aid and aaaiat such officer or member in the discharge of bis duties.
12.3. Iaper•onatin1 an Officer. It shall be unlawful for any person other tban an
official police officer of the City of Bnglewood to wear the unifora, apparel, or any otber
inai1nia of office like or similar to, or a colorable imitation of that adopted and worn by
tbe official police officers of the City.
It aball be unlawful for any person to counterfeit, imitate, or cause to be counter-
feited, iaitated, or colorably iaitated, the uniform, apparel, or insi1nia of office used
by tbe Police Depart .. nt of the City of .Englewood.
12.4. Unlawful to Aid in Bllcape of Prisoners. It shall be .unlawful for any person to
make available to, preaent to, or place within the reach of, or to cause to be aade available
to, pr .. ented to, or placed within tbe reach of any person confined under authority of tbe
City of Bn1lewood, vinoua, apirituoua, or malt liquors, or .any tool, iaplement, or otber
tbin1 calculated to aid in tbe escape of such person so confined or any other .person con-
fined under authority of tbe City of .Englewood.
12.5. lacapin1 froa Jail. It shall be unlawful for any peraon, while a prisoner in the
Jail, or in any otber place where prisoners are confined, or otherwise in custody of and con-
fined by tbe City of BDglewood, to eacape or attempt to escape or to assist others to escape
or atteapt to escape fro• such custody or confinement.
12.6. Aiding Bllcapeea from Jail. It shall be unlawful for any person to assist or aid,
or atteapt to aaaist or aid any person in the custody of or confined under the autbority of
tbe City of Bn1lewood, to eme..-fro• jail, place of confinement or custody.
ARTICLE 13. OFF.EMS.ES AGAINST PROPBRTY
13.1. Unlawful to Injure or De•troy Public Property. It shall be unlawful for any.person
to either willfully, aailciously, wantonly, negligently or in any other aanner injure or destroy
real property or iaprove .. nts thereto, or movable or personal property, belonging to tbe City
of &qlewood.
13.2. Unlawful to Injure or Destroy Private Property. It sball be unlawful for any per-
•on to either willfully, aaliciou•ly or wantonly injure or destroy real property or iaprove-
.. nta thereto, or a>vable or per•onal property, belonging to any person, per•ons, corporation,
partnership, or association.
13.3. Unlawful to Destroy Poster•.
(a) It sball be unlawful for any person to either willfully, aalicioualy, ·wanton-
ly, negli1ently, or in any aanner tear down, deface, err cover up any posted
advertise .. nt or bill of any person, fira, or corporation wben tbe .... is
posted or put in bara>ny with the provisions of tbi• ordinance and ordinances
of tbe City of Bn1lewood.
(b) Any handbill, poster, placard, or painted or printed aatter wbicb •ball be .
stuck, posted, or pasted upon any public or private bo119e, store, or otber
buildinss, or upon any fence, power pole, telephone pole, or other structure
without tbe permission of the owner, asent, or occupant shall be dee .. d a
nuisance.
13.4 Protection of Gardena and Crops.
(a) It shall be unlawful for any person to trespass upon or to perllit any ani .. l
or fowl owned by or controlled by him to trespass upon any garden or field
of growing cropa.
(b) It shall be unlawtul for any person to drive or lead any horse or o~b•r ~arse
aniaal, or drive any vehicle, upon or over any lawn or shrubs.
13.5. Unlawful to Steal, Take or Carry Away. It shall be unlawful for any person o~
persona to steal, take, or carry away, or attempt to steal, take, or carry away, the personal
gooda or chattels of another without the consent of the owner or poaseaaor thereof~ .
13.6. Fraudulent Manipulation of Coin Service and Change llach1nea Unlawful.
(a) It shall be unlawful for any person to insert or atteapt to inaert into tbe coin
box or money receptacle of any coin operated aachine or device, any •lua, button,
or other article or substance, or to manipulate or operate in any 11&11ner whatever, any 118Cban-
1•• or deYice connected or coa.only .uaed therewith, with atteapt to obtain SC>Oda or aervice
tberefro• without proper payaent therefor.
(b) It aball be unlawful for any person to insert or atteapt to insert into tbe coin
box or moneJ receptacle of any coin operated machine or device, any alu1, button or otller
aubmtance, witb tbe atteapt to obtain from such coin box or 110ney recept .. le a lesal tender·
coin of tbe United States.
13.7. Unlawful to Bold.Public Meetin1s in Parks Without Permit. It shall be.unlawful to
bold &DJ public ... tin19, addressed by one or more speakers and attended by twenty-11ve (25)
or more persona within tbe parks of the City of Englewood, unless and until a perllit therefor
baa been issued. Sucb ... tings sball be conducted in an orderly and law-abiding aanner.
13.8. Li• .. tock at Lar1e. It shall be unlawful for any person to perllit any liveetock
to run or be at larse and unattended within the City of Englewood. Unattended ani .. la in
violation of tbe precedin1 section shall be ordered impounded by tbe Chief of Police in a
pound or stable deaisnated by the Police Department, and tbe reasonable coat of tranaportin1,
feeclins, and keepin1 said livestock sball be paid by tbe owner of said liveatock before tbe
li•eatock i• releaaed.
ARTICLE 14. FIRE PREVEJrrION
14.1. Fireworks.
(a) lfo person, firm, company, corporation, or association aball cast, throw,
or fire any squib, rocket, cracker, torpedo, grenade, sua, revolver, piatol,
cap, or cartridge, or other combustible fireworks of &DJ kind in tbe CitJ
of Bnslewood.
(b) No person, fir•, company, corporation, or association &ball exhibit, or bave
in possession witb intent to 1ive away, or sell, or offer for sale within tbe
City of BD1lewood, any squib, rocket, cracker, torpedo, 1renade, sun, revol-
ver, piatol, cap, or cartridge, or other combustible firework& or &DJ kind in
the City of Englewood. Provided, however, that this section &ball not apply
I
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to the sale of any such article or articles by wholeaalera to eacb other, or I
to the sale of any such article or articles at wholesale to .. rcbant• coadactias
business entirely without tbe City of Englewood, or to the sale by wbol .. alers
for public demonstrations as hereinafter provided.
(c) Notbin1 in tbis ordinance shall be construed to apply to tbe aale, storase,
or use of railroad track torpedoes, or other si1nallin1 device& uaed by
railroada, or to the sale, storage, or use of flaabli1bt coapoaition by
photo1raphers or dealers in photographic suppliea, or to prevent any public
demonstration or display of fireworks of any kind if conducted under proper
police •upervision after application made JLOd perait issued by tbe ~itJ
Clerk for such demonstration. Said permit shall not be granted unl .. a sucb
deaonatration or display •ball be of such a character and ao located, dia-
cbar1ed, or fired, as in the opinion of the said City Clerk after proper
inspection shall not be hazardous to property or end&n1er any persona.
14.2. Palae Alar• of Fire-Givin1. Any person who shall, in tbi• City intentionally
make or 1ive a false alar• of fire, shall be deemed guilty of a aiade .. anor, wbicb aball
be unlawful.
ARTICLE 15. REGULATING HOURS OP POOL HALLS, BTC.
15.1. No owner, aanager, operator, keeper, leasee, tenant, jan,tor or any other eaploJee
or asent of aucb owner or aanaser, lessee or tenant of any place where tbe ga .. called pool or _
billiarda i• played, or of any place where is or shall be kept or operated, or used, &DJ pool I
table, billiard table, ba1atelle table, pigeon bole table, shuffle board, sbootin1 1allery, skat-
inc rink, bowlin1 alley, or pin alley or place where any gaaea are played shall keep open or
permit to be open for use any aucb place on any day later than twelve o'clock llidni1bt, aiad aball
not open or permit to be opened any such place earlier than five o'clock in the forenoon of &DJ
day.
AR~ICLI: 16~ .. PAB~IBB --AIDIKG AIU> ABB'rl'IRG
16.1. BverJ person who co .. its, atteapta to collllit, conapirea to collllit, or aids or
abet• in tbe collaiaaion of any act declared herein to be in violation of tbe ordinanc.. of
tbi• municipality, whether individually, or in connection with one or aore other peraoaa, or
as a principal, asent, or accessory, shall be guilty of sucb offense, and every peraon wbo
falsely, fraudulently, forcibly, or willfully induces, causes, coerces, requires, perllits or
directs another to violate any provision of this ordinance is likewise suilty of sucb offense.
ARTICLE 17. GENERAL PROVISIONS
17.l. Penalty.
(a) Whenever in any section of tbi• Ordinance, or any section of a rule or regula-
tion promulgated hereunder, the doing of any act is required, prohibited, or
declared to be unlawful and no definite fine or penalty is provided for a vio-
lation thereof, &DJ person, firm, or corporation wbo sball be convicted of a
violation of any such section shall, for each offenae, be fined in a su• not
more tban Tbree Hundred Dollars ($300.00) or iapriaoned not to exceed ninety
(90) daya.
(b) Tbe City 11&y, in its discretion, proceed againat any violation or violator of
tbi• Ordinance by abate .. nt, injunction, or otber civil action, wbicb reaedies
•ball be cuaalat1Ye to tbe penalties in Section 17.1 (a).
17.2. Severabllity. If any aectlon, sub-section, sentence, clauae, pbraae, or portion
of tbi• Ordinance la for any reaaon beld invalid or unconstitutional by any court of coapetent
jurladlction aucb portion •ball be deeaed a separate, distinct and independent provision and
aucb boldin1 aball not affect tbe validity of the remaining portion thereof. The City Council
hereby declare• that it would have paaaed this Ordinance and each portion or portions thereof,
irr .. pectlv• of tbe fact that any one portion or portions be declared invalid or unconstitu-
tional.
17.3. Ordinance• Repealed. Ordinance Nuabers 4, 5, 6, 9, 10, 13, 15, 16, 23, 26, 27, 32,
and 37, Serie• of 1912, Ordinance Nuaber 4, Series of 1917, Ordinance Nuaber 6, Serie• of 1939,
Ordinance lfuaber 3, Seri .. of 1943, Section 2, Ordinance lfuaber 30, Series of 1912, Section 3,
Ordinance lfuaber 31, Serl .. of 1912, Section 1, Ordinance Muaber 36, Seri .. of 1912, Section
14, Ordinance lfuaber 38, Serie• of 1912, Section 5, Ordinance lfuaber 15, Serie• of 1943, Sec-
tiona 2 and 8, ordinance Nuaber 26, Serie• of 1954, and all other ordinance• and parts of or-
dinancea in conflict herewith are hereby repealed.
17.4. Title. Tbi• Ordinance is to be known as and cited aa tbe "Offenses Ordinance"
of tbe City of &n1lewood, Colorado.
18. Tbe City Council hereby finda, determines, and declares this ordinance is necessary
for tbe i ... diate preservation of the public peace, health, safety and convenience.
19. In tbe opinion of tbe City Council an emergency exists; therefore, thi• ordinance
aball take effect and be in force from and after its final passage and publication.
Paaaed on Pirat Readin1 by the City Council of the City of Bn1lewood, Colorado, thia 3rd
clay of Septeaber, A. D. 1957, and ordered published in the Englewood Herald and lblterpriae.
llayor
ArraT:
C1ty Clerk
Councilaan Rapp moved, )
llcLellan seconded ) tbat the Bill just read be passed on first reading and
ordered published in tbe Englewood Herald and Bnterprise.
AYBS:
•AYS:
Braun, Brownewell, McCabe, McLellan, Parker, Rapp, Robbins, Scott and Purcell.
llone.
ABSDT: llone.
Councilaan Braun aoved, )
Scott seconded )
llotion withdrawn.
Councilaan Braun moved, )
Scott aeconded )
llotion withdrawn.
• • • • • • •
to inatruct the City Attorney to aaend Article 14 -A • B,
to allow cap pistols, sparklers and fountaina.
to table the Bill just read and to aaend and _preaent at the
Council aeeting September 16, 1957.
Councilaan Braun moved tbat the City Attorney be instructed to amend tbe above Bill.
Tbere waa no second and the motion was withdrawn.
• • • • • • •
The following Reaolution was presented and read in full:
R B S 0 L U T I 0 N
Im IT RBSOLVBD by tbe City Council of the City of Englewood, Colorado, thi• 3rd clay of
Septeaber, A. D. 1957, that the following points be and are bereby adopted aa tbe official
policy of tbe City of &nglewood for the location and inatallation of curb8, gutter• and aide-
walka within the •aid City, to-wit:
l. Tbat curb9 and gutter• are an essential part of street conatruction, for baaic
alian .. nt and grade line, for drainage purpoaea, and for neat appearance. A curb
and gutter line for .. a datua for building location and arade, for atreet liaits
and for dralnaae control. Many local draina1e proble .. can be aolved with proper
lnatallatlon of curb8 and autters.
2. That aldewalk• continue to be avenues for pedestrian traffic. As a safety and con-
venience .. aaure, sucb traffic should not be melded or coabined with vehicular traffic.
3. That sidewalk• ahould be provided on a "priority of need" basis determined by
volu .. of pedeatrian traffic and convenience to the public.
4. That co ... rcial activities, schools, community meeting place• and church .. nor11&l~
ly 1enerate "priority of need" in the same corresponding order; but unusual or
special conditions aay so .. ti .. s justify deviation fro• such standard.
5.
6.
That the zone of needfor sidewalks parallels eacb side of co ... rcial streets for a
re.-onab1e depth 1roa auch streets; that the zone of need around other focal point• lor .. a lairlJ UD1fora circle of reasonabie d1a .. ter around •ucb ceatra1 po1a~.
That, in are&11 where the most zones of need are overlapped, tbe earlieat priority
should exist.
7. That, since curb and 1Utter are basic requirements in all are .. , and are ., .. t1 ...
built intelJ"al with sidewalks, any justified deaaand for sidewalk conatruction or
for curb and 1P1tter inetallation should include both inetallationa at the ·•a .. ti ...
8. That thi• state .. nt of policy is not contradictory to requir ... nts within tbe City'•
preaent "Subdiviaion Regulationa", and that it is not contrary, to good practice or
custoa in any well planned or orderly development prograa. ·
Councilman Rapp 110ved, )
Robbins seconded ) that the Resolution just read be approved and adopted.
AYBS:
lfAYS:
Braun, Brownewell, McCabe, llcLellan, Parker, Rapp, Robbins, Scott and Purcel~.
Rone.
ABSBlfl': Rone.
• • • • • • •
The following Resolution was presented and read in full:
R B S 0 L U T I 0 N
BB IT RBSOLVBD by the City Council of the City of atglewood, Colorado, this 3rd day of
8epteabe~, A. D. 1957, that tbe following points be and hereby are adopted as the official
policy of the City of -.iglewood with regard to the maintenance of natural drain courses,
drain ditches, gutters, culverts or drain structures:
l. That all land owners should be responsible for the maintenance of natural drain
courses on their lands, as well as artificial conduits and ditches lying thereon;
and upon the rule of law that each owner is responsible to others for daaage caused
by his own action or negligence.
2. That the City maintain natural drain courses upon its own lands, and conduits and
ditches which have been built upon lands which it owns or upon which it has record-
ed easement rights. This does not imply that the City would automatically becoae
liable for damages to others caused by floods or flow beyond the normal capacity
of the conduit or ditch.
3. That the City keep gutters in good operating condition, which also includes inter-
section culverts. During winter temperatures and following su1DID8r stor .. , all of
the intersection culverts cannot be inspected or serviced at the same tiae. There
aust be a first and last within a period determined by weather conditions, man-
power, and fundll available.
4. That there are specific "trouble spots" where daaages to streets in a natural drain
course always follow a rapid runoff or a flood. These spots muet be placed on a
priority list and be given the earliest attention.
5. That re110val of water fro• any natural landlocked suap or basin is not a noraal
function of a City.
6. That the•e ite .. set out above do not conflict in principle with the general state-
ment of policy on drainage, as published from the Council Chamber a few weeks ago.
Councilman Rapp 110ved, )
McCabe seconded )
Councllaan Braun 110ved, )
Scott aeconded )
that the Resolution just read be approved and adopted and
the effective date be November l, 1957.
that the Resolution just read be tabled.
AYBS:
KAYS:
Braun, Brownewell, KcLellan, Parker and Scott.
llcCabe, Rapp, Robbins and Pu~cell.
ABS&lft': lfone.
Reaolution tabled.
• • • • • • •
The City llanaaer read the City Engineer's report on drainage from Broadway to Bannock
Street, in the 4600 block.
• • • • • • •
Councilman Rapp moved, )
AYBS:
KAYS:
ABSB!fr:
llcCabe seconded ) to lift the Resolution on stora draina1e policy fro• the
table.
llcCabe, Rapp, Robbins and Purcell.
Braun, Brownewell, McLellan, Parker and Scott.
Rone.
llotion lost. . . :.• .....
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Council11&11 Scott moved, )
AYBS:
KAYS:
ABSBIT:
Braun seconded ) that in the event the easements and other conditions in
conformity with the City Engineer's report are given,
granted and accomplished, then the City will build the
proposed Acoma Street culvert, also t ·he culvert in the
alley between Acoma and Bannock Streets.
Braun, Brownewell, McCabe, McLellan, Parker, Robbins, Scott and Purcell.
Rapp.
Mone.
• • • • • • •
Councilman Robbins moved that Council move to item 8 on the agenda.
Motion was lost for want of a second.
• • • • • • •
The City llanager gave the City Engineer's report on specifications for residential alley
paving.
Councilman Scott moved, )
AYBS:
MAYS:
ABSBlft':
McLellan seconded ) that the Engineer's report on specifications be re-
ceived.
Braun, Brownewell, McCabe, McLellan, Parker, Scott and Purcell.
Robbina.
Rapp.
• • • • • • •
The City Manager asked for a stabilization on the matter of assessl8nts for side street
paving and adopting a deadline date of December 31, 1957, for receipt of petitions for paving
to be built in 1958.
Councilll&D Scott moved, )
AYES:
MAYS:
ABSBIT:
Robbina seconded ) that the deadline for receiving petitions for paving
in 1958 be set as December 31, 1957. . .
Braun, Brownewell, McCabe, McLellan, Parker, Rapp, Robbins, Scott and Purcell.
Mone.
Mone.
Councilll&D Brownewell moved, )
AY&S:
MAYS:
ABSBin':
Robbins seconded ) that further discussion on Paving Districts be tabled
to September 16, 1957.
Braun, Brownewell, McCabe, McLellan,
Mone.
Mone.
Parker, Rapp, Robbins, Scott and Purcell.
• • • • • • •
The City llanager gave a preview of the 1958 budget stating that the mill levy, as pro-.
poaed, would remain the same as last year.
• • • • • • •
The City Manager stated that be would like to purchase an accounting machine for the
CitJ Clerk's office costing approximately $7,300.00 and paying for it in three installments
over a period of thr .. years.
Councilaan llcLellan moved, )
AYES:
MAYS:
ABSBin':
Robbins seconded ) that the order for the machine be placed at once.
Braun, Brownewell, McCabe, McLellan, Parker, Rapp, Robbins, Scott and Purcell.
lfone.
Mone.
• • • • • • •
CitJ llanager stated tlat the V.F.W. would like to place a repainted piece of "field
artillery" on City Ball property, Korth of the Cherrelyn car, the CitJ to provide a concrete
a lab.
Councilll&D Braun moved, )
llcLellan seconded ) that the City receive the field piece, "a 75 ... World
War I cannon" given to tbe V.F.W. in 1950 bJ tbe Fitz-
simmons Hospital, and that a concrete slab be built.
AYD:
DYS:
Braun, Brown.well, McCabe, McLellan, Parker, Rapp, Robbins, Scott and Purcell.
Rone.
ABSBIT: Kone.
• • • • • • •
City llanaser asked the Council as to further "art exhibits" in City Ball.
Councilll&D Rapp 11aved, )
Braun seconded ) that the space in City Hall Council Chamber be given to
the City Planning Director for maps.
AYES: Braun, Brownewell, McCabe, llcLellan, Rapp, Scott and Purcell.
KAYS: Parker and Robbina.
ABSBlft': Kone. • • • • • • •
Council11&11 llcCabe DM>ved, )
AYBS:
JfAYI:
Robbins seconded ) that the City Manager obtain tbe services of an a'*'itor
to study the water rate structure tbrou1h an audit Qf
Water Department records.
Braun, Brownewell, McCabe, McLellan, Parker, Rapp, Robbins, Scott and Purcell.
1'one.
ABSDI': None. • • • • • • •
Council11&11 Robbins W>ved, )
Brownewell seconded ) tbat the approved bills as preaented be paid:
General Fund, totaling
Water Fund, "
Sewaa• Diaposal Plant, totaling
Sewer Diatricts Fund, "
Total, All Funds
• 87,484.21
138,359.81
29,080.08
1,829.25
$234,513.13
AYD:
KAYS:
Braun, Brownewell, McCabe, llcLellan, Parker, Rapp, Robbins, Scott and Purcell.
None.
ABSBJrr: None.
• • • • • • •
Council11&11 Braun moved, )
Parker seconded ) to adjourn.
AYBS:
NAYS:
Braun, Brownewell, McCabe, McLellan, Parker, Rapp, Robbins, Scott and Purcell.
None.
ABSBIT: None.
• • • • • • •
Tbe ainutes of tbe ... tin1 of the City Council of the City of BD1lewood, Colorado, beld
this Jrd darr. al, l!l4aPt.e~r;A.D.-1957, stand approved as "1 :=.tt;:,. _u __ .. this ~1* day of
Ooto.._,., : A. D. 1957.
llayor
ATrBST: (k
:;.---/ City Clerk
I' I '·,'
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