HomeMy WebLinkAbout2024 Ordinance No. 017
1
ORDINANCE COUNCIL BILL NO. 8
NO. 17 INTRODUCED BY COUNCIL
SERIES OF 2024 MEMBER WARD
AN ORDINANCE AMENDING ENGLEWOOD MUNICIPAL
CODE § 1-5-2-9, ADDRESSING THE COUNCIL
WHEREAS, Englewood Municipal Code (“EMC”) § 1-5-2-9 contains provisions that
are not currently enforced and that require slight revision to comply with current law; and
WHEREAS, to comply with current practice and applicable law, City Council wishes to
amend this section of Municipal Code to eliminate limitations on speakers and content,
reflect priority may be given to speakers in the order they sign up, and reflect that
Council may regulate comment through Council policies.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS:
Section 1. EMC § 1-5-2-9 is hereby amended to read as follows (new provisions underlined;
deleted provisions struck-through):
1-5-2-9: - Addressing the Council.
A. General. No person shall Any person desiring to address the Council
withoutshall first secure the permission of the presiding officer so to do.
1. Written Communications. Any personInterested parties or their authorized
representatives may submit to address the Council by written communications in
regard to matters then under discussion.
2. Oral Communications. Any person Taxpayers or residents of the City, or
their authorized legal representatives, may address the Council by oral
communications on any matter concerning the City's business, or any matter over
which the Council has control; provided, however, that preference mayshall be
given to those persons in the order they submitted a request to speak.who may
have notified the City Manager in advance of their desire to speak in order that
the same may appear on the agenda of the Council.
3. Reading of Protests. Interested persons or their authorized representatives
may address the Council by reading of protests, petitions or communications
relating to zoning, including the Unified Development Code, sewer and street
proceedings, hearings on protests, appeals and petitions, or similar matters, in
regard to subjects then under consideration.
B. Addressing After Motion. After a motion is made by a member of Council,
no person shall address the Council without first securing the permission of the
Council so to do.
DocuSign Envelope ID: D432D761-4FE8-442E-AD13-12DB321E1D06
2
C. Manner of Addressing, Time Limit. Each person addressing the Council
shall give theirhis name and address or cross streets, or if not a resident of the
City then the name of the City where they reside for the record, and shall limit his
address to a reasonable time. The length of such remarks may be specifically
limited by the presiding officer or City Council. All remarks shall be addressed to
the Council as a body and not to any member thereof. No person other than the
Council and the person having the floor, shall be permitted to enter into any
discussion, either directly or through a member of the Council, without the
permission of the presiding officer. No question shall be asked a Councilman
except through the presiding officer.
D. Oaths and Affirmations at Public Hearings Before Council. The City
Clerk and Deputy City Clerks shall have the power to administer oaths and
affirmations to persons giving testimony before City Council at public hearings.
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.
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
DocuSign Envelope ID: D432D761-4FE8-442E-AD13-12DB321E1D06
3
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 8th day of April, 2024; and on second
reading, in identical form to the first reading, on the 6th day of May, 2024.
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.
DocuSign Envelope ID: D432D761-4FE8-442E-AD13-12DB321E1D06