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HomeMy WebLinkAbout2026 Ordinance No. 0351 ORDINANCE NO. 35 COUNCIL BILL NO. 38 SERIES OF 2026 INTRODUCED BY COUNCIL MEMBER BETHEL AN ORDINANCE AMENDING ENGLEWOOD MUNICIPAL CODE TO EXPAND PICK-UP DAYS BY LICENSED TRASH HAULERS WITHIN THE CITY. WHEREAS, Englewood Municipal Code (EMC) § 5-26-4(D) provides restrictions on licensed trash haulers within the City, limiting residential trash pickup to Mondays and Wednesdays only; and WHEREAS, this restriction is intended to reduce the days trash carts may block parking in front of properties and to ensure trafficways free of large trash hauler trucks on all other days of the week; and WHEREAS, this restriction has the unintended consequence of limiting haulers that can comply with these restrictions; and WHEREAS, limiting haulers operating within the City limits competition, which can result in inflated pricing to Englewood residents; and WHEREAS, the City may maintain the intent of its current trash hauler restrictions while simultaneously expanding competition by amending Municipal Code to authorize small truck pickups from alleyways on all weekdays. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO: Section 1. Amendment of Title 5, Section 5-26-4(D). Englewood Municipal Code § 5- 26-4(D) shall be amended to read as follows (new provisions underlined): 5-26-4: - Special Conditions and Restrictions of License. D. A license holder shall limit residential trash hauling and collection to Mondays and Wednesdays, except that a license holder may haul and collect residential trash from alleyways in trucks less than 26,001 pounds GVWR on any weekday. Section 2. 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other Ordinances or portions thereof inconsistent or conflicting with this Ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict. Docusign Envelope ID: A0C7B9FA-F952-835C-80A0-D7C40626E8D1 2 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. Introduced and passed on first reading on the 4th day of May, 2026; and on second reading, in identical form to the first reading, on the 18th day of May, 2026. ____________________ Othoniel Sierra, Mayor Docusign Envelope ID: A0C7B9FA-F952-835C-80A0-D7C40626E8D1 3 ATTEST: _________________________________ Andreina Prado, Acting City Clerk I, Andreina Prado, Acting 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 Docusign Envelope ID: A0C7B9FA-F952-835C-80A0-D7C40626E8D1