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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.