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HomeMy WebLinkAbout2025 Ordinance No. 036 1 ORDINANCE COUNCIL BILL NO. 38 NO. 36 INTRODUCED BY COUNCIL SERIES OF 2025 MEMBER WARD AN ORDINANCE AMENDING ENGLEWOOD MUNICIPAL CODE TITLE 1, SECTION 1-4-3, PRESUMPTION OF RESPONSIBILITY, LIABILITY WHEREAS, Englewood Municipal Code (“EMC”) establishes an owner of an object places in violation of code is liable for the violation; and WHEREAS, owners of vehicles receiving parking citations have advised Englewood Municipal Court that their vehicles were in the custody of a vehicle repair business when parked illegally; and WHEREAS, it appears illegally parking vehicles once a repair is complete has become a pattern and practice of various vehicle repair businesses within the City; and WHEREAS, while state law would allow the City to issue the parking citation to the business for this pattern and practice, EMC currently contains no such similar provision; and WHEREAS, the City has legal authority to supplement EMC to mirror CRS 18-1- 606, which holds businesses liable for criminal actions authorized by management; and WHEREAS, amending EMC to authorize the City to issue citations to a business for legal violations will allow the City to dismiss Municipal Court citations issued to an innocent owner and instead, issue a citation to a business for authorized actions that violate the City’s laws. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. Amendment of EMC § 1-4-3. Section 1-4-3 the Englewood Municipal Code, Presumption of Responsibility, Liability, shall be amended to read as follows (new provisions underlined; and deleted provisions crossed through): 1-4-3: - Presumption of Responsibility, Liability. A. Responsible Persons. The occupant of any premises upon which a violation of any provisions of this Code or of any code adopted hereby is apparent, the owner of any object or material placed or remaining anywhere in violation of any provision of this Docusign Envelope ID: AE1B37D3-982E-4A89-9035-313AFB07D9BA 2 Code or of any code adopted hereby, and the occupant of any premises served by any excavation or structure illegally made or erected shall be deemed prima facie responsible for the violation so evidenced, and subject to the penalty provided therefor. B. Criminal Liability of a Person for Corporate Conduct. An individual is criminally liable for conduct constituting a violation of any Englewood Municipal ordinance which the individual performed or caused which he performs or causes to occur in the name of or on in behalf of a corporation to the same extent as if that conduct were performed or caused by the individual in their him in his own name or behalf. C. Criminal Liability of Business Entities. 1. A business entity is guilty of an offense if: a. The conduct constituting the offense consists of an omission to discharge a specific duty of affirmative performance imposed on the business entity by law; or b. The conduct constituting the offense is engaged in, authorized, solicited, requested, commanded, or knowingly tolerated by the governing body or individual authorized to manage the affairs of the business entity or by a high managerial agent acting within the scope of employment or on behalf of the business entity. 2. As used in this subsection: a. “Agent” means any director, officer, or employee of a business entity, or any other person who is authorized to act on behalf of the business entity, and “high managerial agent” means an officer of a business entity or any other agent in a position of comparable authority with respect to the formulation of the business entity's policy or the supervision in a managerial capacity of subordinate employees. b. “Business entity” means a corporation, company, other corporate entity, partnership, sole proprietorship or other association or group of individuals doing business in the City. 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: AE1B37D3-982E-4A89-9035-313AFB07D9BA 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: AE1B37D3-982E-4A89-9035-313AFB07D9BA 4 Introduced and passed on first reading on the 21st day of July, 2025; and on second reading, in identical form to the first reading, on the 4th day of August, 2025. Joe Anderson, Mayor Pro Tem 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: AE1B37D3-982E-4A89-9035-313AFB07D9BA