HomeMy WebLinkAbout2026 Ordinance No. 0181
ORDINANCE NO. 18 COUNCIL BILL NO. 23
SERIES OF 2026 INTRODUCED BY COUNCIL
MEMBER ANDERSON
AN ORDINANCE AMENDING TITLE 1, CHAPTER 11 OF THE CITY OF
ENGLEWOOD MUNICIPAL CODE, REGARDING VEHICLE
REGISTRATION AND USE OF MOBILE ELECTRONIC DEVICES
WHILE DRIVING.
WHEREAS, the City of Englewood (the "City") is a home rule municipality organized
and existing under Article XX, Section 6 of the Colorado Constitution;
WHEREAS, pursuant to Article XX, Section 6 of the Colorado Constitution, the right to
enact, administer and enforce criminal laws through a municipal court is clearly within the
Constitutional grant of power to the City and is necessary and proper for the government and
administration of local and municipal matters relating to the City;
WHEREAS, pursuant to such authority, the City has created a municipal court and adopted
and enacted criminal codes whose enforcement is administered through the municipal court;
WHEREAS, the City prosecutes traffic offenses;
WHEREAS, under section 42-4-110(a) of the Colorado Revised Statutes, the City may
enact, adopt, or enforce traffic regulations which cover the same subject matter as the traffic
regulations in Article 4, Title 42 of the Colorado Revised Statutes;
WHEREAS, on June 2, 2025, Governor Polis signed House Bill 25-1112 ("HB 1112")
into law;
WHEREAS, HB 1112 added subsection 42-4-111(1)(gg) to the Colorado Revised
Statutes, permitting local enforcement of the vehicle registration requirements under Article 3,
Title 42 of the Colorado Revised Statutes;
WHEREAS, on June 5, 2024, Governor Polis signed Senate Bill 24-065 ("SB 065") into
law;
WHEREAS, SB 065 amends the Colorado Revised Statutes related to the use of mobile
electronic devices while driving; and
WHEREAS, the City of Englewood seeks to amend the Englewood Municipal Code to
provide for local enforcement of state vehicle registration requirements and prohibit the use of
mobile electronic devices while driving.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ENGLEWOOD, COLORADO, AS FOLLOWS:
Section 1. Section 11-1-9 of the Englewood Municipal Code is hereby added to read
as follows (new provisions underlined; deleted provisions struck through):
11-1-9: Vehicle Registration.
No person shall operate, or permit to be operated, any vehicle, trailer, semitrailer, or motor
vehicle, as defined under C.R.S. § 42-1-102, on a street or highway within this City, unless
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such vehicle, trailer, semitrailer, or motor vehicle is registered as required in Part 1 of
Article 3, Title 42 of the Colorado Revised Statutes.
Section 2. Section 11-1-10 of the Englewood Municipal Code is hereby amended to
amend Sections 111 and 239 of the Colorado Model Traffic Code as follows (new provisions
underlined; deleted provisions struck through):
11-1-1: Adoption of Code.
A. The 2024 edition of the Model Traffic Code for Colorado November 2024 Revision 1.0
("MTC") published by the Colorado Department of Transportation is adopted by reference,
except as specifically amended below. To the extent that an MTC provision is not otherwise
applicable, it shall be interpreted to apply to the City or EMC equivalent. In any conflict,
EMC provisions shall apply.
1. Penalty Assessment. All references to penalty assessments and procedures dealing
with penalty assessments as set forth within Parts 1-19 of the 2024 Model Traffic
Code Revision 1.0 are hereby expressly deleted.
2. Part 1, Section 103, MTC, is hereby amended by the addition of a new subsection
(2)(c), which shall read as follows:
103. Scope and effect of Code — exceptions to provisions.
(2) (c) The MTC as adopted herein shall apply to all public highways, roadways,
streets, alley ways, and upon private property made available for public use where
the City has contracted to provide traffic and parking enforcement.
3. Part 1, Section 106, who may restrict right to use highways - is hereby amended to
read as follows:
106. Right to restrict right to use highways.
a) The use of certain streets and roadways by trucks or other commercial vehicles,
bicycles, and horse-drawn vehicles or other non-motorized traffic shall be
restricted or prohibited when authorized by the City Traffic Engineer and when
official signs giving notice thereof are erected.
b) For the purposes of road construction and maintenance any street or portion
thereof may, by action of the City or by agreement with other concerned road
agencies, be temporarily closed to through traffic or to all vehicular traffic
during the work project, and the traffic affected shall be along appropriate
detours or alternative routes by official traffic control devices.
c) When signs are so erected giving notice of restrictions or prohibitions upon the
use of streets, no person shall disobey the directions or instructions stated on
such signs.
d) The provisions of subsection (a) above shall not be construed to prohibit the
drivers of any excluded vehicle(s) from traveling over such restricted or
prohibited streets, other than controlled-access roadways, for the purpose of
delivering or picking up materials or merchandise or reaching destinations
which occur on these particular streets, provided such excluded vehicles enter
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such streets at the intersection nearest the destination of the vehicle and proceed
thereon no further than the nearest intersection thereafter.
4. Part 1, Section 111, Powers of local authorities, is hereby amended by the addition
of a new subsection (1)(ff), which shall read as follows:
111. Powers of Local Authorities.
(ff) Enforcing the requirement that a vehicle, trailer, semitrailer, or motor vehicle be
registered as required in Part 1 of Article 3, Title 42 of the Colorado Revised Statutes.
5. Part 2, Section 236(7)(b), Child Restraint Systems, regarding fine for a minor driver
- is hereby deleted.
6. Part 2, Section 239, Misuse of a wireless telephone – definitions-penalty-preemption,
is repealed and reenacted as follows:
239. Mobile Electronic Devices.
(1) Mobile Electronic Devices Prohibited: No person shall use a mobile
electronic device while operating a motor vehicle.
(2) Exceptions: This prohibition shall not apply to a person who is using a
mobile electronic device:
(a) To contact a public safety entity;
(b) During an emergency;
(c) When an employee or contract of a utility is acting within the scope
of the employee's or contractor's duties when responding to a utility
emergency;
(d) When an employee or contractor of a city or county is acting within
the scope of the employee's or contractor's duties as a code enforcement
officer or animal protection officer; or
(e) During the performance of a first responder's official duties.
(3) Definitions: The following definitions apply to this Section:
(a) Emergency: a situation in which a person:
(i) Has reason to fear for such person's life or safety or believes
that a criminal act may be perpetrated against such person or another
person requiring the use of a mobile electronic device while driving
a motor vehicle; or
(ii) Reports a fire, a traffic accident in which one or more
injuries are apparent, a serious road hazard, a medical or hazardous
materials emergency, or a person who is driving in a reckless,
careless, or unsafe manner.
(b) Mobile electronic device: a handheld or portable electronic device
capable of providing voice communication between two or more persons,
amusement, or the wireless transfer of data, but does not include:
(i) A radio, citizens band radio, or citizens band radio hybrid;
(ii) A commercial two-way radio communication device or its
functional equivalent;
(iii) A subscription-based emergency communication device;
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(iv) A prescribed medical device;
(v) An amateur or ham radio device; or
(vi) Systems that are designed for and installed within the
vehicle's electronics, such as an in-vehicle security, navigation,
communications, or remote diagnostics system.
(c) Operating a motor vehicle: driving a motor vehicle on a public
highway or street; it shall not mean maintaining the instruments of control
of a motor vehicle while the motor vehicle is at rest in a shoulder lane or
lawfully parked.
(d) Use or using:
a. Physically holding a mobile electronic device in the driver's
hand or pinning a mobile electronic device to a driver's ear to
conduct voice-based communication; except that a person may use
a speaker or other listening device that is built into protective
headgear or a device or portion of a device that only covers all or a
portion of one ear and that is connected to a wireless, handheld
telephone.
b. Watching a video or movie on a mobile electronic device,
other than watching data related to the navigation of the motor
vehicle; or
c. Writing, sending, or reading text-based communication,
including a text-message, instant message, e-mail, or internet data,
on a mobile electronic device; except that text-based communication
does not include:
i. A voice-based communication that is automatically
converted by the mobile electronic device to be sent as a
message in written form; or
ii. Communication concerning the navigation of a
motor vehicle.
(4) An operator of a motor vehicle shall not be cited for a violation of this
Section unless a law enforcement officer observed the individual use, as defined
above, a mobile electronic device in a manner that caused the individual to drive in
a careless and imprudent manner, without due regard for the width, grade, curves,
corners, traffic, and use of the streets and highways and all other attendant
circumstances, as prohibited by Part 14, Section 1402.
(5) The provisions of this Section do not authorize the seizure and forfeiture of
a mobile electronic device, unless otherwise provided by law.
(6) The provisions of this Section do not apply to a person with a commercial
driver's license who is operating a commercial vehicle.
75. Part 5, Section 511, Permits Standards - is hereby deleted.
86. Part 6, Section 603, Obedience to Official Traffic Control Devices - is hereby
amended by the addition of a new paragraph (6) which shall read as follows:
603. Obedience to Official Traffic Control Devices.
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(6) Obedience to Official Truck Traffic Control Devices. Nor operator or driver of a
truck or commercial vehicle shall disobey any official traffic control devices
relating to or concerning truck routes or vehicle weight restrictions within the City
of Englewood.
97. Part 11, Section 1101(2), Speed Limits - is hereby amended to read as follows:
1101(2) Speed limits.
(a) Fifteen (15) miles per hour in any alley.
(b) Twenty-five (25) miles per hour in any business district, unless otherwise
posted.
(c) Twenty-five (25) miles per hour in any residential district, unless otherwise
posted.
108. Part 12, Section 1205(2) and (3), Parking at Curb or Edge of Roadway - are hereby
amended to read as follows:
1205. Parking at curb or edge of roadway.
(2) Except as authorized by the City's Traffic Engineer or designee, every vehicle
stopped or parked upon a one-way roadway shall be so stopped or parked
parallel to the curb or edge of the roadway in the direction of authorized traffic
movement, with its right-hand wheels within twelve (12) inches of the left-hand
shoulder or with its left-hand wheels within twelve (12) inches of the left-hand
curb or as close as practicable to the left edge of the left hand shoulder.
(3) The local authority may, through its Traffic Engineer or designee, permit angle
parking on any roadway; except that angle parking shall not be permitted on any
State highway unless the Colorado Department of Transportation has
determined by resolution or order entered in its minutes that the roadway is of
sufficient width to permit angle parking without interfering with the free
movement of traffic.
119. Part 14, Section 1402, Careless Driving — Penalty - is amended to read as
follows: 1402. Careless driving - penalty.
(1) A person who drives a motor vehicle, bicycle, electrical assisted bicycle, electric
scooter, or low-power scooter in a careless and imprudent manner, without due
regard for the width, grade, curves, corners, traffic, and use of the streets and
highways and all other attendant circumstances, is guilty of careless driving. A
person convicted of careless driving of a bicycle, electrical assisted bicycle, or
electric scooter shall not be subject to the provisions of C.R.S. § 42-2-127.
(2)(a) Except as otherwise provided in paragraphs (b) and (c) of this subsection
(2), any person who violates any provision of this section commits a class 2
misdemeanor traffic offense.
(b) If the person's actions are the proximate cause of bodily injury to another, such
person commits a class 1 misdemeanor traffic offense.
(c) If the person's actions are the proximate cause of death to another, such person
commits a class 1 misdemeanor traffic offense.
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1210. Part 17, Section 1701(3), (4), (5), (6), (7) and (8), Traffic Offenses Classified —
Schedule of Fines (regarding fine schedules) - are hereby deleted.
1311. Part 17, Section 1709, Penalty Assessment - is hereby deleted.
1412. Part 17, Section 1710, Failure to Pay Penalty - is hereby deleted.
B. Appendix — Definitions- is hereby amended to add the following definitions:
(10.1) "Bicycle Lane" means a portion of the roadway that has been designated by
striping, signage, or pavement markings for the exclusive use of bicyclists and other
authorized users of bicycle lanes. "Bicycle Lane" includes an intersection if the
bicycle lane is marked on opposite sides of the intersection.
(10.2) "Bike Path or Pedestrian Path" means that part of a roadway or separate path
designed for or reserved for the exclusive use of pedestrians, bicycles or human
powered vehicles.
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.
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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.
Introduced and passed on first reading on the 2nd day of March, 2026; and on second reading, in
identical form to the first reading, on the 16th day of March, 2026.
Othoniel Sierra, Mayor
ATTEST:
_________________________________
Andreina Prado, Deputy City Clerk
I, Andreina Prado, Deputy 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.
Andreina Prado
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