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Home My WebLink About2023 Ordinance No. 066ORDINANCE NO. 66 COUNCIL BILL NO. 47 SERIES OF 2023 INTRODUCED BY COUNCIL MEMBER RUSSELL AN ORDINANCE AMENDING ENGLEWOOD MUNICIPAL CODE TO ESTABLISH CLEAR AUTHORITY FOR CITY’S CURRENT FEES FOR USAGE OF CITY PROPERTY, FACILITIES, SERVICES. WHEREAS, the City of Englewood charges fees for private usage and/or benefit of City facilities and services; and WHEREAS, these fees reimburse the City for the costs of facility and service usage by individuals; and WHEREAS, City Council desires to amend Englewood Municipal Code to provide clear authority for charging said fees, that are contained within the City fee and rate schedule. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. Amendment of Title 11 Chapter 4 Section 11-4-2 of Englewood Municipal Code Title 11 Chapter 4 Section 11-4-2 to Englewood Municipal Code is hereby amended to read as follows (added provisions are underlined): Sec. 11-4-2: - Authority to Govern. A. In order to have the parks and recreation facilities of this City used to the fullest extent consistent with an orderly use, there is hereby delegated to Tthe City Manager’s, or his designee, may the authority to adopt and promulgate such rules and regulations, governing behavior and conduct of persons within City-owned structures, parks, and recreation facilities, or any part thereof, the parks and recreation facilities as he deems necessary. Notice of such rules and regulations shall be provided as appropriate, including posting on signs and/or posting on the City's website, and/or as otherwise deemed applicable, including. B. Without in any manner limiting the foregoing authority, the City may designate the days and hours during which they are the golf course, ball fields, shelter houses, playgrounds, beach/shoreline, or any other open area owned and used by the City devoted to or designated for active or passive recreation shall be open to the public and may designate at any time any Section or part of any park, recreation facility or any other open area owned and used by the City devoted to or designated for active or passive recreation to be closed to the public for any interval of time, either temporarily or at regular and stated intervals and post signs to such effect. BC. The following shall apply to all City-owned structures, parks, and recreation facilities In addition to any rules or regulations adopted pursuant to subsection a. above, the following general rules and regulations are hereby made applicable to the golf course, ball fields, shelter houses, DocuSign Envelope ID: A22EC9AD-B058-45AD-BF79-C0C294D57249 playgrounds, beach/shoreline, or any other open area owned and used by the City devoted to or designated for active or passive recreation: 1. Destruction, removal or defacement of property is prohibited. 2. Use of parks, trails or open spaces is limited to the hours of 6:00 a.m. to 11:00 p.m. 3. All dogs shall remain on leash unless within a designated and posted off-leash area, during the hours such off-leash area is designated and posted for off-leash use. Attaching a leash to a dog but failing to secure the leash to a responsible person or within a responsible person's hand does not comply with this provision. 4. All persons exercising a pet animal, including dogs, shall be responsible for immediately collecting and removing its waste, and for keeping such animal(s) under direct control at all times. 5. Any animal brought onto a City-owned or controlled property must be properly licensed and vaccinated. C. The City Council shall set fees for the usage or rental of City-owned structures, parks, and recreation facilities, or any part thereof; and any other fees necessary to reimburse the City for the costs of providing a service or benefit to, or as requested by, an individual, or as otherwise authorized by this Title. Section 2. 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. DocuSign Envelope ID: A22EC9AD-B058-45AD-BF79-C0C294D57249 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 by reference or in full 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. Manuals, Municipal Code, contracts, and other documents approved by reference in any Council Bill may be published by reference or in full on the City’s official website; such documents shall be available at the City Clerk’s office and in the City Council meeting agenda packet when the legislation was adopted. 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 6th day of November, 2023; and on second reading, in identical form to the first reading, on the 20th day of November, 2023. Othoniel Sierra, Mayor ATTEST: _________________________________ Stephanie Carlile, City Clerk DocuSign Envelope ID: A22EC9AD-B058-45AD-BF79-C0C294D57249 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 DocuSign Envelope ID: A22EC9AD-B058-45AD-BF79-C0C294D57249