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HomeMy WebLinkAbout2025 Ordinance No. 017 1 ORDINANCE COUNCIL BILL NO. 7 NO.17 INTRODUCED BY COUNCIL SERIES OF 2025 MEMBER PRANGE AN ORDINANCE AMENDING ENGLEWOOD MUNICIPAL CODE TITLE 1, CHAPTER 6 TO ALIGN DEPARTMENTAL DESCRIPTIONS WITH CURRENTLY-ASSIGNED DUTIES AND NAMES WHEREAS, large sections of the current Englewood Municipal Code (“EMC”) were drafted and adopted in 1985, and significantly unchanged since that time; and WHEREAS, in the last 40 years, Englewood City government and operations have evolved and improved with technology, legal changes, and operational best practices to meet the needs of the City; and WHEREAS, City Council directed the City Attorney’s Office to comprehensively review Englewood Municipal Code to ensure it reflects current City practices and applicable law, and to propose revisions for clarity and ease of understanding; and WHEREAS, as part of this project, City staff concluded that Title 1 Chapter 6 describing City Departmental Functions does not accurately reflect the current name or functions of all departments within the City; and WHEREAS, revisions are required to reflect the new department name of Parks, Recreation, Library and Golf, that risk management is no longer a Human Resources function (but instead, was transferred to City Attorney’s Office), and that the City no longer has an in-house fire department; and WHEREAS, City Council desires to amend Title 1 Chapter 6 to accurately reflect the departmental organization currently utilized within the City. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. Amendment of Title 1, Chapter 6. The Sections provided below within Title 1, Chapter 6 of the Englewood Municipal Code shall be amended to read as follows (new provisions underlined; and deleted provisions crossed through): 1-6-1: - Definitions. RESERVED Docusign Envelope ID: C7E97C0D-7614-49CE-A24F-B5997A9F92D7 2 Staff or Staff Member: Includes the City Manager and assistants to the City Manager, department heads and any employee while acting in the capacity of City Manager or department director. (Code 1985, § 1-6-1; Ord. 08-5, § 1) 1-6-2: - Departmental Organization. A. The departmental organization of the City shall be divided under the City Manager into the following departments: City Clerk Communications Community Development Finance Fire Department Human Resources Information Technology Parks, Recreation, and Library, and Golf Services Communications Police Department Public Works Utilities B. Reference to a department director in this Code by any title other than set forth in this Section shall be construed to refer to the department director as set forth herein. C. The City Manager may, on a temporary basis, reassign duties and responsibilities to departments in the best interests of the City. (Code 1985, § 1-6-2; Ord. 00-7; Ord. No. 00-50; Ord. 08-5, § 1; Ord. 33-16, § 1; Ord. 44- 2023, § 1) ARTICLE B. - DEPARTMENT OF COMMUNITY DEVELOPMENT 1-6B-1: - General Responsibilities. The Department of Community Development shall be responsible for the formulation, administration and implementation of all planning, environmental, housing, health, sanitation and redevelopment programs within the City and shall enforce codes relating to said programs; shall assist the City Planning and Zoning Commission in preparation of the Comprehensive Plan for the physical, social and economic development of the City; shall inspect subdivision plats for compliance with the Subdivision Code; shall oversee all functions of the Building Division; and shall assist the Board of Adjustment and Appeals by providing information and recommendations on matters considered by said Board. (Code 1985, § 1-6D-1; Ord. 00-7; Ord. 00-50; Ord. 00-76) ARTICLE D. - FIRE DEPARTMENT 1-6D-1: - General Responsibilities. The Fire Department shall oversee all fire-related functions including suppression, prevention, administration, rescue and ambulance services, enforcement of regulatory provisions, formulate and control a hazardous materials community response plan and Docusign Envelope ID: C7E97C0D-7614-49CE-A24F-B5997A9F92D7 3 training. The Fire Department shall also oversee all functions of the Building and Safety Division. In lieu of a City-operated Fire Department, the City may contract with a third party for the provision of fire-related services; and in such case, the City Manager may permanently assign the remaining duties described herein to other City departments. (Ord. 08-5, § 2; Ord. 44-2023, § 4) ARTICLE E. - DEPARTMENT OF HUMAN RESOURCES 1-6E-1: - General Responsibilities. The Department of Human Resources shall be responsible for all matters relating to: recruitment and selection, organizational training and development, compensation and classification, employee and labor relations, employee benefit and wellness programs, and personnel policies and risk management. (Ord. 00-7; Ord. 08-5, § 2) ARTICLE G. - DEPARTMENT OF PARKS, RECREATION, AND LIBRARY, AND GOLF SERVICES 1-6G-1: - General Responsibilities. The Department of Parks, Recreation, and Library, and Golf Services shall provide recreation programs and services utilizing the various recreation facilities in the community and shall operate and maintain the golf course, ball fields, shelter houses, playgrounds, beach, or any other open area owned and used by the City devoted to or designated for active or passive recreation; and shall operate the City's libraries and administer the same in the interest of the entire community. (Code 1985, § 1-6E-1; Ord. 00-50; Ord. 08-5, § 2; Ord. 33-16, § 2) ARTICLE I. - POLICE DEPARTMENT 1-6I-1: - General Responsibilities. The Police Department shall oversee all police functions including patrol, investigations, administration, community relations, traffic control and code enforcement and communications and records. The Police Department shall oversee fire marshal services, including suppression, prevention, administration, inspection; and enforcement of related regulatory provisions. (Ord. 08-5, § 2) Section 2. Amendment of EMC § 1-3-4, General Definitions. Englewood Municipal Code § 1-3-4 shall be amended to include the definition section repealed above in Title 1, Chapter 6 follows (new provisions underlined; and deleted provisions crossed through): 1-3-4: - General Definitions. The following terms, as used in this Code and in all ordinances of the City, shall have the meanings hereinafter designated, unless the context specifically indicates otherwise, or unless such meaning is excluded by express provision: Docusign Envelope ID: C7E97C0D-7614-49CE-A24F-B5997A9F92D7 4 A. Charter: The Charter of the City of Englewood, Colorado, adopted July 8, 1958, as amended, copies of which are on file in the office of the City Clerk. B. Chief Building Official, Chief Inspector, Chief Building Inspector or Building Official: Where these terms are used in this Code or any secondary codes adopted by reference herein, they shall mean the person designated by the City Manager with the title of Chief Building Official. C. City or This City: Shall be construed as if the words "of Englewood" followed it and shall extend to and include its several officers, agents and employees. D. Code or EMC: "Code" shall refer to this Englewood Municipal Code (herein designated as the primary Code); whereas the word "code" shall refer to such secondary code or codes as may be adopted in this primary Code by reference, as the context shall indicate. E. Department of Planning and Traffic: The Department of Planning or the Traffic Regulation Division of the Department of Public Works, as the context may indicate. F. Health Department: The Arapahoe County Tri-County District Health Department or its successor in function. G. Land, Real Estate and Real Property: Includes lands, tenements, hereditaments, water rights, possessory rights and claims. H. Municipal Court, Municipal Judge: "Municipal Court" shall mean the same thing as Police Magistrate's Court or Police Court and "Municipal Judge" as used in this Code, shall mean the same thing as Police Magistrate or Police Judge. I. Municipality: The City of Englewood. J. Owner: As applied to a building or land, shall include any part owner, joint owner, tenant in common, joint tenant or lessee of the whole or of a part of such building or land, and to any person purchasing the same under contract. K. Person: Includes bodies politic and corporate, partnerships, associations and corporations. M. Personal Property: Includes every description of money, goods, chattels, effects, evidence of rights in action, and all written instruments by which any pecuniary obligation, right or title to property is created, acknowledged, transferred, increased, defeated, discharged or diminished, and every right or interest therein. N. Property: Includes both real and personal property. O. Public Thoroughfare: Includes streets, alleys, lanes, courts, boulevards, public ways, public squares, public places and sidewalks. P. Signature: Includes any name, mark or sign written with the intent to authenticate any instrument of writing. Q. Staff or Staff Member: Includes the City Manager and assistants to the City Manager, department heads and any employee while acting in the capacity of City Manager or department director. R. Tenant or Occupant: As applied to a building or land, shall include any person who occupies the whole or any part of such building or land whether alone or with others. S. Traffic Engineer: The Traffic Engineer, as designated by the City Manager or such officers and assistants designated to administer engineering, operations, and maintenance of traffic which may be authorized under the provisions of this Code. Docusign Envelope ID: C7E97C0D-7614-49CE-A24F-B5997A9F92D7 5 T. Writing: Includes printing, writing and typewriting. Section 3. 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 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 th e City of Docusign Envelope ID: C7E97C0D-7614-49CE-A24F-B5997A9F92D7 6 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 3rd day of March, 2025; and on second reading, in identical form to the first reading, on the 7th day of April, 2025. 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: C7E97C0D-7614-49CE-A24F-B5997A9F92D7