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HomeMy WebLinkAbout2026 Ordinance No. 024 1 ORDINANCE COUNCIL BILL NO. 24 NO. 24 INTRODUCED BY COUNCIL SERIES OF 2026 MEMBER ANDERSON AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF ENGLEWOOD AND THE STATE OF COLORADO, COLORADO BUREAU OF INVESTIGATION FOR GRANTING THE ENGLEWOOD POLICE DEPARTMENT ACCESS TO COLORADO CRIME INFORMATION CENTER AUTOMATED LICENSE PLATE RECOGNITION DATA WHEREAS, Article XIV, Section 18(2)(a) of the Constitution of the State of Colorado, and Part 2, Article 1, Title 29, C.R.S. encourages and authorizes intergovernmental agreements; and WHEREAS, Sections 29-1-203 and 29-1-203.5, C.R.S. authorize governments to cooperate and contract with one another to provide any function, service, or facility lawfully authorized to each; and WHEREAS, The Colorado Bureau of Investigation operates the Colorado Crime Information Center (“CCIC”) as a part of its duty to exchange information among criminal justice agencies, Section 24-33.5-412, C.R.S.; and WHEREAS, Per Section 24-33.5-412, C.R.S., the City of Englewood Police Department is charged with preventing crime and protecting life and property within the City’s jurisdiction and currently utilizes its access to the CCIC and Automated License Plate Recognition (ALPR) to solve and prevent crime in the City; and WHEREAS, In order to retain access to the CCIC ALPR data, CBI requires local law enforcement agencies to agree, in writing, to restrictions on the disclosure of Personal Identifying Information for the purpose of investigating for, or in any way cooperating with, Federal Immigration Enforcement, including the enforcement of federal immigration laws unless required to do so by State or Federal law or by a court- issued subpoena, warrant, or order; and WHEREAS, The City seeks to retain secure access to State and national data from CCIC for the purpose of identifying vehicles of interest for local law enforcement and protection of public safety while agreeing not to disclose Personal Identifying Information with any unauthorized third-party in accordance with Sections 24-74-101 through 24-74-108, C.R.S.; and WHEREAS, The City Council finds that the execution of the Agreement will provide a benefit to the City and serve public interest by promoting the City’s ability to effectively protect the public’s health, safety, and welfare. Docusign Envelope ID: C0A9889B-C0D2-4610-BC17-E6E2065F0450 2 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. The City Council of the City of Englewood, Colorado hereby approves and authorizes execution of the CBI-CCIC ALPR Data Sharing Agreement between the City of Englewood and the State of Colorado, CBI for the sharing of ALPR data with the City of Englewood Police Department, in the form substantially the same as that attached hereto as Exhibit A. 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 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 Docusign Envelope ID: C0A9889B-C0D2-4610-BC17-E6E2065F0450 3 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 the 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. Introduced and passed on first reading on the 16th day of March, 2026; and on second reading, in identical form to the first reading, on the 6th day of April, 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: C0A9889B-C0D2-4610-BC17-E6E2065F0450