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
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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.