HomeMy WebLinkAbout2025 Ordinance No. 020
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ORDINANCE COUNCIL BILL NO. 16
NO. 20 INTRODUCED BY COUNCIL
SERIES OF 2025 MEMBER ANDERSON
AN ORDINANCE AMENDING ENGLEWOOD MUNICIPAL CODE
TITLE 1 TO CORRECT ERRORS IN REFERENCES, REFLECT
TODAY’S WORK FORCE AND CURRENT PRACTICES, AND
REVISE FOR CLARITY AND EASE OF UNDERSTANDING
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 correct typographical errors, remove obsolete dates,
ensure it reflects current City practices and applicable law, make gender silent to reflect
the makeup of today’s work force, and to propose revisions for clarity and ease of
understanding; and
WHEREAS, as part of this project, City staff identified necessary updates to
municipal code Title 1, to make gender silent, update references to Municipal Code, correct
typographical errors, and clarify time calculations for ease of understanding; and
WHEREAS, City Council desires to amend Englewood Municipal Code to update
these provisions.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS:
Section 1. Amendment of Title 1, Gender Silent. The following sections of
Englewood Municipal Code Title 1 shall be amended to expand gender references to
reflect today’s workforce, and read as follows (new provisions underlined; and deleted
provisions crossed through):
1-4-5: - Power to Pardon.
The Mayor shall have power to grant pardons and to remit fines and penalties imposed
for the violation of any section of this Code, but in every case where the Mayor he
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exercises this power, the Mayor he shall report such action to the City Council at its next
meeting, with thehis reasons therefor.
1-5-2-2: - Special Meetings.
The Mayor shall call special meetings of the City Council whenever, in the Mayor’shis
opinion, the public business may require it, or at the express written request of any three
(3) members of the Council. Whenever a special meeting shall be called, a summons or a
notice in writing signed by the Mayor or City Manager shall be served upon each member
of the Council, either in person or by notice left at the member’shis place of residence,
stating the date and hour of the meeting and the purpose for which such meeting is called,
and no business shall be transacted thereat except such as is stated in the notice. Notice of
a special Council meeting may be announced by the Mayor at any regular Council meeting
and when so announced a written notice shall not be required. Notice of a special Council
meeting, whether written or oral, shall be served at least twenty-four (24) hours before the
special meeting is to be held upon each Council Memberman not absent from the City or
from the regular Council meeting when announced; provided, always, that if, after diligent
effort is made to give notice of any such meeting to all members of Council, notice of the
same cannot be given due to an inability to locate any member, a majority of the entire
Council may waive notice of special Council meeting in writing or by affirmative ballot,
and such waiver shall be specifically noted in the minutes of the meeting. Notice may be
waived by the entire membership of Council, or by an individual Council Member for the
member’s own notice, in any case.
1-6-3: - Administrative Policy and Procedures.
A. Staff. Each staff member shall perform all duties required of the staff member’shis
office by Federal law, State law, the Charter, this Code and ordinances of the City, and
such other duties not in conflict therewith as may be required by the City Manager.
1-10-1: - Notices; Manner of Service.
…
B. Issuance by City Clerk or Department Head. The notice may be signed and issued
by the City Clerk, under the seal of the City, or it may be signed and issued by the director
of the department’s or his designee, or such other person as may be charged with the giving
of such notice.
C. Contents. The notice shall contain and state:
1. The name and address of the party or parties to whom it is directed.
2. The purpose for which such notice is given.
3. The time within which the party to whom it is directed must take action, if
applicableshall do or accomplish that which it is the purpose of the notice to notify
him to do.
4. The consequences of his failure to comply therewith.
D. By Whom Served. Notice may be served by any member or employee of any
department of the City charged with the issuance of such notice, by any police officer of
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the City, or by any other person over the age of eighteen (18) years who shall have no
interest in the subject matter of the notice.
E. Personal Service. Personal service shall be as follows:
1. Upon a natural person over the age of eighteen (18) years, by delivering or
mailing a copy thereof to the personhim, or by leaving a copy at the person’shis
usual place of abode, with some member of the person’shis family over the age of
eighteen (18) years, or at the person’shis usual place of business, with the
person’shis principal employee on duty, his stenographer, bookkeeper or chief
clerk; or by delivering a copy to an agent authorized by appointment or by law to
receive service of process.
2. Upon a natural person, under the age of eighteen (18) years, by delivering
or mailing a copy thereof to the person’shis father, mother or guardian, or if there
be none in the City, then by delivering a copy thereof to any person in whose care
or control the personhe may be, or with whom the personhe resides, or in whose
service the personhe is employed.
…
F. Service by Mail. If service is had by mail, the City Clerk’s or the director of the
department’s designee charged with the giving of such notice or his chief clerk or secretary,
shall send by registered or certified mail, requesting a return receipt signed by the person
to be served, or any person upon whom personal service could be made on the person’shis
behalf, a copy of the notice addressed to such person at the person’shis usual place of abode
or the person’shis usual place of business. Such service shall be complete on the date of
the filing of the Clerk's proof thereof, together with such signed return receipt attached
thereto. Return of the return receipt to the City Clerk with the notation that such mail was
refused shall be conclusive evidence that the person to whom it was addressed has received
proper notification.
…
H. Manner of Proof.
1. If served by a police officer or City employee, by the officer’s or
employee’shis certificate with a statement as to date, place and manner of service.
2. If by any other person, by the person’shis affidavit thereof with the same
statement.
…
J. Service Upon Attorney Representing Party to Whom Notice is
Addressed. Whenever under this Code or any ordinance, order or resolution, service of a
notice is required or permitted to be made upon a party represented by an attorney, the
service shall be made upon the attorney unless service upon the party himself is directed
by the ordinance, order or resolution or is ordered by the City Council. Service upon the
attorney may be made by delivering a copy to the attorney him personally or by mailing it
to the attorney him at the his address as given to the City Clerk or the department charged
with giving such notice. Delivery of a copy within this subsection means handing it to the
attorney; or leaving it at the attorney’shis office with ahis clerk or other person in charge
thereof; or, if there is no one in charge, leaving it in a conspicuous place therein; or, if the
office is closed or the attorney to be served has no office, leaving it at the attorney’shis
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dwelling house or usual place of abode with some member of the family over the age of
eighteen (18) years residing therein. Service by mail is complete upon mailing.
1-10-2-7: - Quasi-Judicial Hearings.
… B. Order of Procedure: …3. Next, the applicant's presentation of such material
evidence, if any, as the applicant he desires.
4. The hearing body shall, upon completion of the presentation of the applicant's
evidence, call upon any person present in support of the applicant's position to present such
evidence and information as the person he may desire.
…
Section 2. Correction of Municipal Code References. Englewood Municipal Code
previously was published in hard copy at extended intervals, and previous code sections
referred to the then-current year of the hard-copy published version. Englewood Municipal
Code now is updated and published regularly on-line, and therefore references to specific
published years of Englewood Municipal Code are no longer relevant or necessary. To
that end, references to the specific year of Englewood Municipal Code shall be removed
from the following sections of Englewood Municipal Code (new provisions underlined;
and deleted provisions crossed through):
1-1-1: - Title.
The ordinances contained in this Code shall constitute and shall be designated "The
Englewood Municipal Code” or abbreviated “EMC”. Code of the City of Englewood,
2000," and may be so called. Such ordinances may also be cited as "The Englewood
Municipal Code of 2000." The passage of this Code or portions thereof shall not affect
the continuing validity of prior ordinances of the City with which this Code is not in
conflict.
1-1-3: - Amendments to Code.
A. All ordinances passed subsequent to the adoption of this Code which amend,
repeal or in any way affect this Code, may be numbered in accordance with the
numbering system of this Code and includedprinted for inclusion therein. When
subsequent ordinances repeal any chapter, section or subsection or any portion thereof,
such repealed portions may be excluded from the Code by omission from reprinted pages
affected thereby. The subsequent ordinances as numbered and printed, or omitted in the
case of repeal, shall be prima facie evidence of such subsequent ordinances until such
time that this Code and subsequent ordinances numbered or omitted are inserted into the
City’s online or printed Codereadopted as a new Code by the City Council.
B. Amendments of any of the provisions of this Code shall specifically refer be made
by amending such provisions by specific reference to the section number and subsection
of the amendedthis Code. in the following language: "(Subsection _______ of Section
_______) of the Official Code of Englewood is hereby amended to read as follows: …."
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The subsection or section as amended shall then be set out in full. In the event a new
section or subsection not heretofore existing in the Code is to be added, the following
language shall be used: "The 2000 Englewood Municipal Code is hereby amended by
adding a (sub)section, to be numbered _______, which (sub)section reads as follows: …."
The new section or subsection shall then be set out in full.
…
1-1-4: - Numbering System.
In this Englewood Municipal Code of 2000 all paragraphs are numbered as sections or
subsections. The digits to the left indicate the title, the digits in the center indicate the
chapter, and the digits to the right indicate the section.
Section 3. Computation of Time
Section 1-3-3 of Englewood Municipal Code shall be updated to clarify how time is
calculated for deadlines in Municipal Code, to allow for ease of calculation and remove
unnecessary language, to establish deadlines expire at the end of the City workday of 5
p.m., and to mirror time calculation under the Colorado Rules of Civil Procedure as
follows (new provisions underlined; and deleted provisions crossed through):
1-3-3: - Computation of Time.
A. The term "official time" shall mean Standard Time or Daylight Saving Time as
may be in current use within the City.
B. The word "day" shall be any twenty-four (24) hour period from twelve o'clock
(12:00) midnight to twelve o'clock (12:00) midnight; the word "month" shall mean a
calendar month unless otherwise expressed; the word "quarter" shall mean any three (3)
month period ending with the last day of March, June, September and December; and the
word "year" shall mean any one calendar year unless otherwise expressed.
C. Whenever a notice is required to be given or an act to be done a certain length of
time before any further proceedings shall be had, the day on which such notice is given,
or such act is done, shall not be counted in computing the time, but the day on which such
proceeding is to be had shall be counted.
In computing any period of time, the day of the act, event, or default from which the
designated period of time begins to run shall not be included. Thereafter, every day shall
be counted, including holidays, Saturdays or Sundays, and the time period runs until 5
p.m. on the last day. The last day of the period so computed shall be included, unless it is
a Saturday, a Sunday, or a holiday designated by the City Manager or City Council, in
which event the period runs until 5 p.m. the next day which is not a Saturday, a Sunday,
or a designated holiday. The "next day" is determined by continuing to count forward
when the period is measured after an event and backward when measured before an
event.
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Section 4. Clean-Up Provisions
Various sections of Englewood Municipal Code Title 1 shall be updated to reflect current
practice, specifically that the City Manager designates agenda functions, to reflect
changes to Englewood Charter regarding the Mayor, eliminate duplication of Charter and
Bob’s Rules of Order, and eliminate blanks and obsolete procedure regarding the City
Map as follows (new provisions underlined; and deleted provisions crossed through):
1-5-2-3: - Agenda.
On the Thursday preceding each regular Council meeting, or at such other day as the City
Manager, from time to time, shall determine, the City Manager shall provide to each
member of City Council a written agenda of business to come before the next regular
Council meeting, containing matters which, in the City Manager’shis opinion, should be
taken up by City Council. Any private individual who desires to appear before City Council
and meets the qualifications established by City Council, may be scheduled to appear by
advising the City Manager’s designee of such request not later than five o'clock (5:00) P.M.
the Wednesday preceding the next regular meeting.
1-5-2-5: - Presiding Officer.
A. The presiding officer of the City Council shall be the Mayor, who shall be elected
by the members of the Council at the first meeting following each general Municipal
election.
B. The presiding officer shall preserve strict order and decorum at all regular and
special meetings of the Council. The Mayor shall ensure compliance with City Council’s
adopted rules of procedure and policies. state every question coming before the Council,
announce the decision of the Council on all subjects, and decide all questions of order,
subject, however, to an appeal of the Council, in which event a majority vote of the
Council present and voting shall govern and conclusively determine such questions of
order. The Mayor shall vote on all questions, and shall be called last in any verbal roll
call vote.his/her name being called last. The Mayor shall sign all ordinances adopted by
the Council during the Mayor’s his/her presence.
C. When the Mayor assumes office after election, At the said first meeting following
each general election, the Council shall elect a Mayor Pro Tem who shall act as Mayor
during the absence of the Mayor. In the event of the absence of the Mayor, the Mayor Pro
Tem, as presiding officer, shall sign ordinances as then adopted. In the event of the
absence of both the Mayor and the Mayor Pro Tem, the presiding officer selected
pursuant to the provisions of Section EMC § 1-5-2-7(B) of this chapter, shall sign
ordinances as then adopted.
1-5-2-7: - Order of Business.
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A. General. All meetings, except informal meetings, of the Council shall be open to
the public, as required by the Colorado Open Meetings Law. The City Council shall meet
regularly at least twice each month at a date to be fixed from time to time by the rules and
procedures. The City Council shall determine, by resolution, the rules of order and
procedure governing meetings.
B. Call to Order. The Mayor, or in the Mayor’shis absence the Mayor Pro Tem, shall
call the Council to order. In the absence of the Mayor andor Mayor Pro Tem, the City
Clerk’s or designeehis assistant shall call the Council to order, whereupon a temporary
meeting chairman shall be elected by the members of the Council present. Such
temporary chairman shall serve as presiding officer of the Council until the arrival of the
Mayor or the Mayor Pro Tem, at which time the temporary chairman shall immediately
relinquish the chair upon the conclusion of the business immediately before the Council.
C. Roll Call. Before proceeding with the business of the Council, the City Clerk’s or
designee his deputy shall call the roll of the members, and the names of those present
shall be entered in the minutes.
D. Reading of Minutes. Unless the reading of the minutes of a Council meeting is
requested, such minutes shall be approved without reading if the Clerk has previously
furnished each member with a copy thereof.
E. Adjournment. A motion to adjourn shall always be in order and decided without
debate.
1-9-1: - City Map.
A. The then-current map entitled "Official Map of the City of Englewood, Colorado”, as
approved by the prepared by _______, as Director of Public Works for the City of
Englewood and dated the ________ day of ________, 19___," shall be and is hereby
adopted as the Official Map of the City. The Official Map shall be identified by the
signature of the Director of Public Works attested by the City Clerk, and bearing the Seal
of the City under the following words: "This is to certify that this is the Official Map
referred to in EMC § Section 1-9-1 of the Englewood Municipal Code" together with the
date of most recent certification by the Director of Public Works. If changes are made in
City boundaries by annexation to or disconnection from the City, such changes shall be
entered and an updated on the Official Map promptly approved and issued., with an entry
thereon as follows: "On (date) by official action of the City Council (District Court if
disconnection) the following changes were made in the Official Map: (brief description of
nature of change)," which entry shall be signed by the Director of Public Works and
attested by the City Clerk. The Official City Map shall maintained bybe located in the
office of the Director of Public Works.
B. In the event the Official City Map becomes damaged, destroyed, lost or difficult to
interpret because of the nature or number of changes and additions, the City Council may
by resolution adopt a new Official City Map which shall supersede the prior Official City
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Map. The new Official City Map may correct drafting or other errors or omissions in the
prior Official City Map, but no such correction shall have the effect of amending the
original plot of the City on file in the office of the Secretary of State together with plots
showing annexations to or disconnection from the City since that time. The new Official
City Map shall be identified by the signature of the Director of Public Works attested by
the City Clerk, and bearing the Seal of the City under the following words: "This is to
certify that this Official City Map supersedes and replaces the Official City Map certified
by the Director of Public Works of Englewood on the ________ day of ________,
19___." Unless the prior Official City Map has been lost or has been totally destroyed, the
prior maps or any significant parts thereof remaining, shall be preserved pursuant to the
City’s document retention schedule, together with all available records pertaining to its
certification and amendments.
Section 5. Associate Judges
After consultation with Municipal Court, Section 1-7-3 of Englewood Municipal Code
shall be updated to remove obsolete date references, and to reflect current today’s work
force as follows (new provisions underlined; and deleted provisions crossed through):
1-7-3: - Officers of the Court. …
A. … The incumbent associate judges' terms would be four (4) years commencing
January 1, 1985, expiring January 1, 1989.…
B. … When actually performing judicial duties, such associate judge shall have all the
jurisdiction and power of a Municipal Judge and all his/her orders and judgments shall be
those of the Municipal Court….
Section 6. 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
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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 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.
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Introduced and passed on first reading on the 21st day of April, 2025; and on second
reading, in identical form to the first reading, on the 6th day of May, 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
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