HomeMy WebLinkAbout08485ORDINANCE NO. 8485
AN ORDINANCE AMENDING CHAPTER 1 OF TITLE XI OF
THE PUEBLO MUNICIPAL CODE RELATING TO
HARASSMENT, 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.
Section 11-1-303 of Chapter 1, Title XI, Pueblo Municipal Code, as amended, is
hereby amended to read as follows:
Sec. 11-1-303 Harassment.
(a) A person commits the offense of harassment if, with intent to
harass, annoy or alarm another person, he or she:
(1) In a public place directs obscene language or makes an
obscene gesture to or at another person;
(2) Follows a person in or about a public place;
(3) Initiates communication with a person, anonymously or
telephone network, data network, text
otherwise, by telephone,
message, instant message,
computer, computing network or computer
system, in a manner intended to harass or threaten bodily injury or
property damage, or makes any comment, request, suggestion or
proposal by telephone, computer, computing network or computer system
which is obscene;
(4) Makes a telephone call or causes a telephone to ring
repeatedly, whether or not a conversation ensues, with no purpose of
[]
legitimate conversation; or
(5) Makes repeated communications at inconvenient hours that
invade the privacy of another and interfere in the use and enjoyment of
[]
; or
another's home or private residence or other private property.
(6) Repeatedly insults, taunts, challenges, or communicates
with another in a manner intended to cause a reasonable person to
feel fear, intimidation, or annoyance.
(b) As used in this Section, unless the context otherwise requires,
obscene means a patently offensive description of ultimate sexual acts or
solicitation to commit ultimate sexual acts, whether or not said ultimate sexual
acts are normal or perverted, actual or simulated, including masturbation,
cunnilingus, fellatio, anilingus or excretory functions.
(c) Any act prohibited by Paragraph (a)(3) of this Section may be
deemed to have occurred or to have been committed at the place at which the
telephone call, electronic mail or other electronic communication was either
made or received. Any acts prohibited by Paragraph (a)(4) of this Section may be
deemed to have occurred or to have been committed at the place at which the
telephone call was either made or received.
(d) Harassment is a Class 1 municipal offense.
SECTION 2.
Any violation of this Ordinance declared to be a municipal offense shall be
punished as provided in Section 11-1-103, Pueblo Municipal Code, as amended.
SECTION 3.
This Ordinance shall become effective upon final passage and approval.
INTRODUCED: May 29, 2012
BY: Chris Nicoll
COUNCIL PERSON
PASSED AND APPROVED: June 11, 2012
Background Paper for Proposed
ORDINANCE
DATE: AGENDA ITEM # R-3
May 29, 2012
DEPARTMENT:
Department of Law
Thomas J. Florczak, City Attorney
TITLE
AN ORDINANCE AMENDING CHAPTER 1 OF TITLE XI OF THE PUEBLO
MUNICIPAL CODE RELATING TO HARASSMENT, AND PROVIDING PENALTIES
FOR THE VIOLATION THEREOF
ISSUE
Should the offense of Harassment in the Pueblo Municipal Code be amended?
RECOMMENDATION
Approve the Ordinance.
BACKGROUND
Currently, the Police Department responds to many calls where a dispute has arisen
between two people because of repeated conduct. Each act by itself is not a violation
of the Code but the repetition of the acts amount to criminally offensive conduct. In
these situations, the Police Department often issues a citation for harassment to one or
both of the parties. However, the current harassment offense as set forth in the Code
does not prohibit this type of behavior, especially when it occurs using text messages
and similar modes of communication. As a result, citations are sometimes dismissed,
causing frustration to the prosecutors, police and victims. The proposed language
expands the prohibited behavior under the Code in an attempt to encompass these
types of conduct.
FINANCIAL IMPACT
None.