Loading...
HomeMy WebLinkAbout08352ORDINANCE NO. 8352 AN ORDINANCE AMENDING CHAPTER 1, TITLE X AND CHAPTER 1, TITLE XI OF THE PUEBLO MUNICIPAL CODE RELATING TO PARK RANGERS, GRANTING THEM CERTAIN POWERS AS LAW ENFORCEMENT OFFICERS TO ENFORCE PARKS ORDINANCES AND RULES, PROHIBITING INTERFERENCE WITH PARK RANGERS, AND PROVIDING PENALTIES FOR THE VIOLATION THEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: (brackets indicate matter being deleted; underscoring indicates new matter being added) SECTION 1. Chapter 1, Title X, Pueblo Municipal Code, as amended, is hereby amended by the addition of a new Section 10-1-18, which shall read as follows: Sec. 10-1-18. Park Rangers. (a) Park Rangers shall be law enforcement officers of the City with authority to enforce all ordinances in this Title X and all rules adopted by the Director under the authority of this Title X. (b) Park Rangers shall have the authority: (1) to make reasonable brief stops of individuals upon reasonable suspicion that such individuals have committed a violation of Title X or the rules adopted thereunder; (2) to require individuals produce identification to the Park Ranger; (3) to issue and serve summons and complaints upon reasonable grounds to believe that a violation of Title X or the rules adopted thereunder, or a violation of Part 12 of Model Traffic Code as adopted by the City of Pueblo has occurred, but Park Rangers shall not have the power to arrest; and (4) to enforce permits and reservations for Park facilities. (c) The authority of Park Rangers under this Section shall extend to all lands owned, leased or managed by the City for purposes of parks, recreation and open space, whether located within or outside the City limits, including but not limited to all parks, open space, trails, river and creek corridors, the Nature Center, and the Raptor Center. SECTION 2. Section 11-1-502 of Chapter 1, Title XI of the Pueblo Municipal Code, as amended, is amended to read as follows: Sec. 11-1-502. Interference. (a) It is unlawful for any person to knowingly obstruct, hinder or interfere with a police officer, fireman, Park Ranger, or any member of the police department, fire department, or city-county health department, [or fireman or any member of the police or fire or health departments,] acting under color of his or her official authority, in the discharge or apparent discharge of his or her duties: (1) By means of physical force or violence or by threats of imminent physical force or violence; or (2) By means of harassing conduct after being warned by a police officer or fireman that such conduct is unlawful and may result in the arrest of the person if such conduct is not discontinued. (b) Interference is a Class 2 municipal offense; except that interference by means of physical force or violence or by threats of physical force or violence is a Class 1 municipal offense. SECTION 3. Violations of this ordinance shall be punished as provided in Section 11-1-103, Pueblo Municipal Code. SECTION 4. This Ordinance shall become effective immediately upon final passage and approval. INTRODUCED: May 9, 2011 BY: Leroy Garcia COUNCILPERSON PASSED AND APPROVED: May 23, 2011 Background Paper for Proposed ORDINANCE # R-2 DATE: May 9, 2011 AGENDA ITEM DEPARTMENT: PARKS AND RECREATION, CREIGHTON WRIGHT, DIRECTOR TITLE: AN ORDINANCE AMENDING CHAPTER 1, TITLE X AND CHAPTER 1, TITLE XI OF THE PUEBLO MUNICIPAL CODE RELATING TO PARK RANGERS, GRANTING THEM CERTAIN POWERS AS LAW ENFORCEMENT OFFICERS TO ENFORCE PARKS ORDINANCES AND RULES, PROHIBITING INTERFERENCE WITH PARK RANGERS, AND PROVIDING PENALTIES FOR THE VIOLATION THEREOF. ISSUE: Should the City Council amend Chapter 1, Title X, and Chapter 1, Title XI of the Pueblo Municipal Code by adding a new Section 10-1-18, creating Park Rangers and granting them certain powers as law enforcement officers to enforce Parks Ordinances and rules, and prohibiting interference with Park Rangers? RECOMMENDATION: Adopt the proposed Ordinance. BACKGROUND: At present, the Parks Department depends on the Police Department to enforce Parks Ordinances and rules including fishing regulations, parks permits, swimming regulations and similar violations. The Police Department sometimes cannot handle these violations promptly due to more serious offenses occurring elsewhere. Consequently, Parks violations are not effectively enforced and the Parks environment suffers. Under the proposed Ordinance, the Parks Department would assign employees as Park Rangers to enforce Parks violations. Parks Rangers would have the authority to briefly detain persons, obtain identification, enforce violations of Title X Part 12 of the Model Traffic Code and issue a summons and complaints, but would not have authority to arrest. If an arrest became necessary, the Park Ranger would call for a police officer. The proposed Ordinance would also prohibit persons from interfering with Park Rangers carrying out their duties. FINANCIAL IMPACT: There is no clear financial impact. Staff expects that eventually, citations will be issued and fines will be paid to the City for violation of Title X of the Pueblo Municipal Code.