HomeMy WebLinkAbout2023 Ordinance No. 049BY AUTHORITY
ORDINANCE NO. 49 COUNCIL BILL NO. 50
SERIES OF 2023 INTRODUCED BY COUNCIL
MEMBER WARD
AN ORDINANCE AMENDING TITLE 7 CHAPTER SECTIONS 7-1A-1, 7-
6A-3, AND 7-6D-13 OF ENGLEWOOD MUNICIPAL CODE TO MODIFY
THE DEFINITION OF SERIOUS BODILY INJURY.
WHEREAS, Colorado SB23-034 modified the statutory definition of serious bodily injury
in C.R.S. § 18-1-901; and
WHEREAS, EMC 7-1A-1, EMC 7-6A-3, and EMC 7-6D-13 currently contain the
previous definition of serious bodily injury; and
WHEREAS, alignment of definitions of the EMC and C.R.S. enhance the clarity of the
EMC, and therefore EMC 7-1A-1, EMC 7-6A-3, and EMC 7-6D-13 should be amended to
reflect the change in definition of serious bodily injury as enacted in SB23-034.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO, AS FOLLOWS:
Section 1. Amendment of Title 7 Chapter 1A Section 7-1A-1 of Englewood Municipal
Code
The definition of Serious Bodily Injury contained in Title 7 Chapter 1A Section 7-1A-1 to
Englewood Municipal Code is hereby amended to read as follows (new provisions are underlined,
deleted provisions struck through):
Sec. 7-1A-1: - Definitions.
Serious Bodily Injury: Bodily injury which, at the time of the actual injury or subsequently,
involves a substantial risk of death, serious permanent disfigurement, or protracted loss or
impairment of the function of any part or organ of the body, or bone breaks or fractures. Bodily
injury that, either at the time of the actual injury or at a later time, involves a substantial risk of
death; a substantial risk of serious permanent disfigurement; a substantial risk of protracted loss
or impairment of the function of any part or organ of the body; or breaks, fractures.
Section 2. Amendment of Title 7 Chapter 6A Section 7-6A-3 of Englewood Municipal
Code
Title 7 Chapter 6A Section 7-6A-3 to Englewood Municipal Code is hereby amended to read as
follows (new provisions are underlined, deleted provisions struck through):
Sec. 7-6A-3: - Recklessly Endangering Another Person.
No person shall recklessly engage in conduct which creates a substantial risk of serious bodily
injury to another person. As used herein, serious bodily injury means bodily injury which, either
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at the time of the actual injury or at a later time, involves a substantial risk of death, a substantial
risk of serious permanent disfigurement, a substantial risk of protracted loss or impairment of the
function of any part or organ of the body, or breaks, fractures, or burns of the second or third
degree. bodily injury that, either at the time of the actual injury or at a later time, involves a
substantial risk of death; a substantial risk of serious permanent disfigurement; a substantial risk
of protracted loss or impairment of the function of any part or organ of the body; or breaks,
fractures, a penetrating knife or penetrating gunshot wound, or burns of the second or third degree.
Section 3. Amendment of Title 7 Chapter 6D Section 7-6D-13 of Englewood Municipal
Code
Title 7 Chapter 6D Section 7-6D-13 to Englewood Municipal Code is hereby amended to read as
follows (new provisions are underlined, deleted provisions struck through):
Sec. 7-6D-13: - Proscription Against Ambush Devices.
A. Definitions. The following definitions apply to this Section:
Ambush Device: Any device or mechanism concealed or not that is built, constructed, or designed,
when unattended, to kill, trap, or inflict serious bodily injury or property damage, that is set into
operation by activating a pre-set trigger.
Property: Any real property, whether a structure is thereon or not, personal property or mixed real
and personal property.
Serious Bodily Injury: Bodily injury which involves a substantial risk or serious permanent
disfigurement, or a substantial risk of protracted loss or impairment of the function of any part or
organ of the body. Bodily injury that, either at the time of the actual injury or at a later time,
involves a substantial risk of death; a substantial risk of serious permanent disfigurement; a
substantial risk of protracted loss or impairment of the function of any part or organ of the body;
or breaks, fractures, a penetrating knife or penetrating gunshot wound, or burns of the second or
third degree.
B. Construction. It is unlawful for anyone to construct, install, maintain or permit an
ambush device to be on any property in this City whether encased in any structure or not.
C. Notification. It is unlawful for anyone to notify the public either by signage, placards,
advertising or any other manner that an ambush device exists on any Englewood property
when in fact no ambush device exists.
D. Illegal Entry. It shall not be a defense or a mitigating factor that the ambush device was
installed to protect against any illegal entry on or into any property or that the notification
proscribed in foregoing subsection EMC § 7-6D-13C, was at a location where there was
no ambush device.
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E. Exceptions. The provisions in foregoing subsections A, B and C do not apply to the
following:
1. Persons using animal traps obtained from Englewood Animal Control when used
for the purpose for which they were issued.
2. Representatives of the Federal government, State, County, or City who may in
the course of their duties be required to use a trap for humane or other authorized
purposes.
3. Scientists intending to identify animals, wildlife or birds and then return them to
their natural environment.
4. Animal traps used in the control of pests.
5. Any device designed only to identify perpetrators of crimes or alert police
authorities of criminal activity which are not constructed to be deadly weapon as
defined in CRS § Section 18-1-901(E) Colorado Revised Statutes; e.g., dye
packages used by banks to identify bank robbers, and burglar/fire alarms.
Section 4. General Provisions
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.
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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.
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 and passed on first reading on the 11th day of September, 2023; and on second
reading, in identical form to the first reading, on the 2nd day of October, 2023.
Othoniel Sierra, Mayor
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 an Ordinance, introduced and passed in identical form on
first and second reading on the dates indicated above; and published two days after each passage
on the City’s official website for at least thirty (30) days thereafter. The Ordinance shall become
effective thirty (30) days after first publication on the City’s official website.
Stephanie Carlile
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