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HomeMy WebLinkAbout2026 Ordinance No. 010 1 ORDINANCE COUNCIL BILL NO. 9 NO. 10 INTRODUCED BY COUNCIL SERIES OF 2026 MEMBER PRANGE AN ORDINANCE AMENDING ENGLEWOOD MUNICIPAL CODE 1-4-1, MAXIMUM PENALTIES WHEREAS, Englewood Municipal Code (“EMC”) § 1-4-1 establishes maximum penalties that may be imposed by Englewood Municipal Court; and WHEREAS, many criminal and traffic offenses may be prosecuted either in Colorado state courts or municipal courts; and WHEREAS, such courts may have differing maximum penalties, fines, and sentences for substantially the same offense; and WHEREAS, on December 22, 2025, the Colorado Supreme Court determined Municipal Courts are prohibited from imposing greater sentences than maximum sentences allowed for the same offense in state courts; and WHEREAS, City Council desires to amend Englewood Municipal Code to ensure compliance with applicable law. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. EMC § 1-4-1 is hereby amended to read as follows (new provisions underlined; deleted provisions struck-through): 1-4-1: - General Penalty. A. Fine; Imprisonment: No person shall violate, disobey, omit, neglect, refuse or fail to comply with or resist the enforcement of any provision of this Code or any secondary code adopted herein (collectively "violation"). Except as otherwise specifically provided, violations shall be punished by a fine not exceeding two thousand six hundred and fifty dollars ($2,650.00) or imprisonment for a term not exceeding three hundred sixty (360) days or by both such fine and imprisonment. The imposition of one (1) penalty shall not excuse any violation nor permit it to continue. Unless otherwise indicated, a separate offense shall be deemed committed upon each day or portion thereof during or on which any violation occurs or continues. B. No Jail Sentence for Juveniles: No jail sentence shall be imposed upon persons under the age of eighteen (18) years. Docusign Envelope ID: 2D4C4DB3-2D5F-4B0B-A00D-4BADAD595B62 2 C. Trial By Jury for Juveniles: No child under the age of eighteen (18) years shall be entitled to a trial by jury, except for any offense classified as a Class 1 misdemeanor under a State counterpart statute. D. Every person convicted of a traffic infraction payable at the Traffic Violations Bureau shall be punished by a fine not exceeding two thousand six hundred and fifty dollars ($2,650.00), but no imprisonment. E. Despite any maximum sentence authorized by this Code, the municipal penalty may not exceed any applicable sentencing cap under C.R.S. § 18-1.3- 501(1)(a.5)(misdemeanors) and C.R.S. § 18-1.3-503(1.5)(petty offenses), when the offender violates a municipal ordinance that corresponds to a state offense prohibiting identical conduct. Section 2. General Provisions 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 by reference or in full 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. Manuals, Municipal Code, contracts, and other documents approved by reference in any Council Bill may be published by reference or in full on the City’s official website; such documents shall be Docusign Envelope ID: 2D4C4DB3-2D5F-4B0B-A00D-4BADAD595B62 3 available at the City Clerk’s office and in the City Council meeting agenda packet when the legislation was adopted. 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. 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 2nd day of February, 2026; and on second reading, in identical form to the first reading, on the 17th day of February, 2026. 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: 2D4C4DB3-2D5F-4B0B-A00D-4BADAD595B62