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Home My WebLink About2025 Ordinance No. 030 1 ORDINANCE COUNCIL BILL NO. 26 NO. 30 INTRODUCED BY COUNCIL SERIES OF 2025 MEMBER NUNNENKAMP AN ORDINANCE AMENDING TITLE 15, CHAPTER 13, SECTION 1 OF THE ENGLEWOOD MUNICIPAL CODE REGARDING WATER-RELATED NUISANCES TO ALIGN WITH COLORADO WATER QUALITY STANDARDS AND PROTECT THE CITY’S DRINKING WATER SUPPLY. WHEREAS, the City of Englewood is committed to protecting public health, safety, and the environment by preventing water contamination and ensuring high water quality standards; and WHEREAS, the Colorado Water Quality Control Act (C.R.S. § 25-8-101 et seq.) and the Colorado Primary Drinking Water Regulations (5 CCR 1003-1) establish statewide requirements to maintain clean water sources and prevent pollution; and WHEREAS, activities both inside and outside the City’s corporate limits may impact the municipal water supply, necessitating regulatory enforcement to ensure compliance with state water quality standards; and WHEREAS, in consideration of these public health and environmental concerns, City staff undertook a review of its existing Code provisions to evaluate their alignment with state water quality requirements and best practices for municipal water protection; and WHEREAS, the Englewood Water and Sewer Board reviewed staff recommended proposed Code changes and recommended City Council approval of this Ordinance at its April 8, 2025, meeting; and WHEREAS, the Code Enforcement Advisory Committee reviewed staff recommended proposed Code changes and recommended City Council approval of this Ordinance at its May 21, 2025, meeting; and WHEREAS, the City Council finds it necessary to update EMC § 15-13-1 to clarify prohibited activities, ensure adherence to state law, and provide clear enforcement mechanisms for violations impacting the City’s water resources. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Docusign Envelope ID: 67DF62EA-9CCF-4C19-93B8-DA19E25B5678 2 Section 1. Amendment of Title 15, Chapter 13. The Sections provided below within Title 15, Chapter 15, Section 1 of the Englewood Municipal Code shall be amended to read as follows (new provisions underlined; and deleted provisions crossed through): 15-13-1: Water Related Nuisances. A. Drains and Ditches. It is hereby declared to be a nuisance, and it shall be unlawful for any person to create, permit or maintain upon any premises in the City any unclean, leaking, foul, unsafe, or dangerous, defective or filthy drain, ditch, tank or gutter. B. Ponds or Pools. It is hereby declared to be a nuisance, and it shall be unlawful for any person to create, permit, or maintain upon any premises in the City any pond or pool with unwholesome, impure and offensive water. C. Pollution of Water Supply. It shall be deemed a nuisance, and it shall be unlawful for any person to conduct or carry on any unwholesome or offensive business or establishment within a distance of five (5) miles upstream from the intake of the domestic water supply system of the City along and adjacent to the South Platte River or any tributary thereof, in a manner which is capable of, or results in, the pollution, contamination or rendering of the water in said river or tributary impure, unsafe or unwholesome by the discharge or drainage of wastes or any contaminating matter whatsoever, by surface or subsurface drainage or otherwise, from said business or establishment. All activities affecting the City’s water resources shall comply with the standards and regulations established under the Colorado Water Quality Control Act, and any applicable rules promulgated by the Colorado Department of Public Health and Environment (CDPHE). D. Protection of Municipal Drinking Water Supply. It shall be deemed a nuisance, and it shall be unlawful for any person to introduce, cause to be introduced, or permit the introduction of any pollutant, hazardous substance, or contaminant into the City’s drinking water supply, including but not limited to surface water sources, groundwater, reservoirs, and municipal water treatment facilities. All activities impacting the City’s drinking water supply shall adhere to the Colorado Primary Drinking Water Regulations and any amendments thereto. 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. Docusign Envelope ID: 67DF62EA-9CCF-4C19-93B8-DA19E25B5678 3 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 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. Docusign Envelope ID: 67DF62EA-9CCF-4C19-93B8-DA19E25B5678 4 Introduced and passed on first reading on the 7th day of July, 2025; and on second reading, in identical form to the first reading, on the 21st day of July, 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: 67DF62EA-9CCF-4C19-93B8-DA19E25B5678