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HomeMy WebLinkAbout2024 Ordinance No. 058 1 ORDINANCE COUNCIL BILL NO. 57 NO. 58 INTRODUCED BY COUNCIL SERIES OF 2024 MEMBER ANDERSON AN ORDINANCE AMENDING ENGLEWOOD MUNICIPAL CODE TITLE 5 CHAPTER 20, SPECIAL EVENTS, TO CLARIFY REQUIREMENTS FOR REQUIRED EVENT LICENSES WITHIN THE CITY OF ENGLEWOOD WHEREAS, current Englewood Municipal Code requires a Special Events license for certain events within the City; and WHEREAS, confusion has resulted among event sponsors due to (a) the definition of an event requiring a license, and (b) the City has multiple licenses/permits designated for “Special Events”; and WHEREAS, the City desires to amend Title 5, Chapter 20, Special Events, to clarify requirements and eliminate such confusion, so that citizens may more easily apply and interpret Municipal Code requirements. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. Amendment of Englewood Municipal Code Title 5, Chapter 20, Special Events, of Englewood Municipal Code is hereby amended to read as follows (deleted provisions struck through; new provisions underlined): Chapter 20 - SPECIAL COMMUNITY EVENTS 5-20-1: - License RequiredDefinitions. A. A City Community Events license is required for any temporary activity that meets one or more of the following criteria: For the purpose of this chapter, the following terms, phrases, words and their derivations shall have the meanings given herein: Special Event: An activity or occurrence open to the public for which an admission fee may or may not be charged that does not occur on a regular basis. 1. Open to the public with an estimated attendance of more than 50 people, that substantially deviates from the current land use; 2. Requires a full or partial closure for public streets or sidewalks, or that impacts the normal flow of pedestrian or vehicular traffic/controls; 3. Held on, or will impact, City-owned property, including right-of-way; or Docusign Envelope ID: 8AEFBE79-6C92-427E-867E-BCD382E3F8B8 2 4. Includes two or more vendors, or an exterior temporary structure subject to Englewood Fire Marshal regulations. B. Exception. No Community Events license shall be required for City-hosted events, or if another provision of Municipal Code authorizes all of the proposed temporary activity(ies) under a different City-issued license or permit. C. Term of Community Events License. 5-20-2: - License Required. It shall be unlawful to hold a special event without first obtaining a license except for the following: A. Functions and activities of governmental, religious and charitable organizations. 5-20-3: - Application for License. The application for a special events license shall be made in accordance with the provisions of Title 5, Chapter 1. 5-20-4: - Term of Special Events License. The lLicense shall expire upon completion of the event or seven (7) consecutive days which ever is shorter. A license shall not be issued for the same special event more than three (3) times in any calendar year. Each communityspecial event may run from one (1) to seven (7) consecutive days with at least five (5) days between events. (Ord. 97-22; Ord. 99-17) 5-20-25: - Special Events License Requirements. A. The license holder shall have Comprehensive General Liability Insurance with a minimum combined single limit of liability for bodily injury and property damage of one million dollars ($1,000,000.00) per occurrence and in the aggregate. B. The license holder shall provide a clean-up deposit in an amount acceptable to the City. The clean-up deposit will be returned in full or in part after inspection of premises. The license holder shall clean the site within twenty-four (24) hours after the special event is completed. C. A sales tax deposit shall be required for all licensees who do not hold a current City sales tax license required under Title 4 Chapter 4. D. All individual vendors participating in the communityspecial event must obtain the appropriate City license. DE. The license application must include: 1. wWritten approval for use of the event site, if not owned or leased by the applicant. Docusign Envelope ID: 8AEFBE79-6C92-427E-867E-BCD382E3F8B8 3 2. The applicant’s agreement to reimburse the City for all costs to repair or replace City property damaged, and to defend, indemnify and hold the City harmless from any claims, in connection with or arising out of the event. Section 2. General Provisions Applicable to this Ordinance The following general provisions and findings are applicable to the interpretation and application of this Ordinance: A. Severability. If any clause, sentence, paragraph, or part of this Ordinance or the application thereof to any person or circumstances shall for any reason be adjudged by a court of competent jurisdiction invalid, such judgment shall not affect, impair or invalidate the remainder of this Ordinance or its application to other persons or circumstances. B. Inconsistent Ordinances. All other Ordinances or portions thereof inconsistent or conflicting with this Ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict. C. Effect of repeal or modification. The repeal or modification of any provision of the Code of the City of Englewood by this Ordinance shall not release, extinguish, alter, modify, or change in whole or in part any penalty, forfeiture, or liability, either civil or criminal, which shall have been incurred under such provision, and each provision shall be treated and held as still remaining in force for the purposes of sustaining any and all proper actions, suits, proceedings, and prosecutions for the enforcement of the penalty, forfeiture, or liability, as well as for the purpose of sustaining any judgment, decree, or order which can or may be rendered, entered, or made in such actions, suits, proceedings, or prosecutions. D. Safety Clauses. The City Council hereby finds, determines, and declares that this Ordinance is promulgated under the general police power of the City of Englewood, that it is promulgated for the health, safety, and welfare of the public, and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be obtained. This Safety Clause is not intended to affect a Citizen right to challenge this Ordinance through referendum pursuant to City of Englewood Charter 47. E. Publication. Publication of this Ordinance may be in the City’s official newspaper, the City’s official website, or both. Publication shall be effective upon the first publication by either authorized method. 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 Docusign Envelope ID: 8AEFBE79-6C92-427E-867E-BCD382E3F8B8 4 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, and has authority to correct formatting and/or typographical errors discovered during codification. 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 18th day of November, 2024; and on second reading, in identical form to the first reading, on the 2nd day of December, 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. Stephanie Carlile Docusign Envelope ID: 8AEFBE79-6C92-427E-867E-BCD382E3F8B8