Loading...
HomeMy WebLinkAbout08659ORDINANCE NO. 8659 AN ORDINANCE AMENDING CHAPTER 3 OF TITLE VII OF THE PUEBLO MUNICIPAL CODE RELATING TO PENALTIES FOR IMPROPER DISPOSAL OF TRASH AND PROVIDING PENALTIES THEREFOR BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: (brackets indicate matter being deleted, underscoring indicates new matter being added) SECTION 1 Section 7 -3 -16 of Chapter 3, Title 7, Pueblo Municipal Code, as amended, is hereby amended to read as follows: Sec. 7 -3 -16. Penalties for violation. (3) In addition to the penalties provided herein, any person convicted of a violation of the provisions of this Chapter shall be assessed a fee to be known as the Community Solid Waste Clean -up Surcharge in the amount of [five ] fifty dollars [($5.00)] 50.00. The community solid waste clean -up surcharge shall be imposed at the time of conviction and may not be suspended or waived by the Court unless the Court makes a bona fide finding based upon reliable documentation submitted by defendant, that defendant is indigent For purposes of this Subsection, conviction shall include all guilty pleas, findings of guilt and deferred sentences entered on any violation of this Chapter. The community solid waste clean -up surcharge shall be collected by the Municipal Court and paid into the City's general fund. The Community Solid Waste Clean -up Surcharge as set forth herein may be changed from time to time by resolution of City Council. (5) Reserved. [In addition to the penalties provided herein, any person convicted of violating any provision of this Chapter shall be assessed a surcharge for each count of such conviction, to be known as the Keep Pueblo Beautiful Surcharge, in the amount of twenty -five dollars ($25.00). In the case of an unemancipated minor, the parents or guardians of the minor shall be jointly and severally liable for this surcharge and shall be ordered to pay the same. This surcharge may only be waived by the Court upon a bona fide finding that the defendant is indigent, or in the case of a minor, that the minor's parents or guardians are indigent. This surcharge shall be collected by the Municipal Court and paid into the City's general fund.] SECTION 2 Section 7 -3 -17 of Chapter 3, Title 7, Pueblo Municipal Code, as amended, is hereby amended to read as follows: Sec. 7 -3 -17. Community solid waste clean -up program. The City Manager shall annually recommend to the City Council, as part of the City budget process, any fees that may be assessed under Paragraph [7 -3- 15(3)] 7- 3- 16(3) and the appropriation of such fees to fund any community clean -up program for reduction or disposal of solid waste from areas located within the City. SECTION 3 Any person who violates Section 7 -3 -16 of the Pueblo Municipal Code as amended hereby or violates this Ordinance as related thereto, shall be guilty of a municipal offense and shall be punished as provided by Section 7 -3 -16, Pueblo Municipal Code, as amended. SECTION 4 The officers of the City are directed and authorized to perform any and all acts consistent with the intent of this Ordinance and to effectuate the policies and procedures described herein. SECTION 5 This Ordinance shall become effective upon final passage and approval. INTRODUCED: October 28. 2013 BY: Ami Nawrocki son APPROI ;ENT OF CITY COUNCIL ATTESTED BY: -cS1t CI CLERK PASSED AND APPROVED: November 11, 2013 PUEB-L..,,__, Background Paper for Proposed ORDINANCE DATE: October 28, 2013 AGENDA ITEM # R -8 DEPARTMENT: Pueblo City Council Ami Nawrocki, Councilmember Sandy Daff, Councilmember 1111111114 AN ORDINANCE AMENDING CHAPTER 3 OF TITLE VII OF THE PUEBLO MUNICIPAL CODE RELATING TO PENALTIES FOR IMPROPER DISPOSAL OF TRASH AND PROVIDING PENALTIES THEREFOR ISSUE Should the Pueblo Municipal Code relating to Solid Waste Clean -up Surcharge be amended? RECOMMENDATION Approve the Ordinance. BACKGROUND The Pueblo Municipal Code currently provides for two surcharges to be assessed by the Municipal Court against those who violate Chapter 3 of Title VII (Litter) the Solid Waste Clean -up Surcharge in the amount of $5.00 and the Keep Pueblo Beautiful Surcharge in the amount of $25.00. The proposed Ordinance provides for an increase in the Solid Waste Clean -up Surcharge to $50.00. As a result, the total surcharge assessed will be increased from $30.00 under the current Code to $50.00 with the proposed Ordinance. The increased surcharge amount can be used to help defray the cost of code enforcement and abatement necessitated by violation of Chapter 3 of Title VII. All surcharges collected will be deposited into the general fund and may be allocated to the City's code enforcement efforts through the regular budget process. FINANCIAL IMPACT Unknown.