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HomeMy WebLinkAbout08907ORDINANCE NO. 8907 AN ORDINANCE AMENDING CHAPTER 1 OF TITLE XI OF THE PUEBLO MUNICIPAL CODE RELATING TO INCLUDE THOSE VEHICLES USED IN SPEED CONTESTS AS NUISANCE VEHICLES 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 11-1-210 of Chapter 1, Title 11, Pueblo Municipal Code, as amended, is hereby amended to read as follows: \[\] Sec. 11-1-210. Vehicles used in drive by crimes; nuisance; abatement; violation. and speed contests (a) Declaration. Drive-by crimes render City residents, visitors, businesses and neighborhoods insecure in life and in the use of property. Such crimes and the instrumentalities used to commit such crimes constitute a continuing threat to the comfort, safety and health of the public. It is expressly declared that the use of vehicles for the commission of drive-by crimes \[\] and speed contests constitutes a public nuisance within the City that should be eliminated or hindered, and thereby abated, by the means set forth in this Section. (b) Definitions. As used in this Section: (1) Chief of Police means the Chief of the Pueblo Police Department or his or her authorized representative. (2) Drive-by crime shall have the meaning as set forth in Section 16-13-301(2.2), C.R.S. (2008), as amended. (3) Innocent owner means a record owner who neither or speed contest participated in the commission of a drive-by crime , nor knew or reasonably should have known that the vehicle would be used in or speed contest the commission of a drive-by crime . within the (4) Nuisance Vehicle means a vehicle which is used City for concealment or transportation in the commission of a drive-by \[\] or a crime, speed contest within the City; provided, however, that nuisance vehicle shall not include a vehicle with respect to which the record owner is an innocent owner. (5) Record Owner means the owner with respect to a vehicle as identified in the records of application and registration maintained by the Colorado Department of Revenue or, if the vehicle is registered outside the State, the records of application and registration maintained by the state in which the vehicle is registered. If such record owner establishes that the vehicle was transferred to a bona fide transferee before the or speed contest occurrence of the related drive-by crime , the record owner shall mean and include said transferee. means the operation of one or more (6) Speed Contest vehicles to conduct a race or a time trial, including but not limited to rapid acceleration, exceeding reasonable and prudent speeds for streets, highways and existing traffic conditions, vying for position, rapid swerving or weaving in and out of traffic, or performing one or more lane changes in an attempt to gain advantage over one or more of the other race participants. (7) Vehicle means any self-propelled device which is capable of moving itself from place to place upon wheels, which is designed primarily for travel on the public highways and which is generally and commonly used to transport persons and property over the public highways. (c) Abatement. If the Chief of Police finds and determines upon probable cause that a vehicle is a nuisance vehicle, the Chief of Police shall serve written notice and order upon the record owner, which notice and order shall provide: (1) A description of the vehicle, including make, model and vehicle identification number. (2) A statement that the vehicle has been used in the or speed contest commission of a drive by crime and identification of the approximate date and location of said crime. . . . SECTION 2. Any person who violates Section 11-1-210 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 11-1-210(g) and Section 11-1-103(c), Pueblo Municipal Code, as amended. SECTION 3. 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 4. This Ordinance shall become effective upon final passage and approval. INTRODUCED: July 27, 2015 BY: Robert Schilling PASSED AND APPROVED: August 10, 2015 City Clerk’s Office Item # R-6 Background Paper for Proposed Ordinance COUNCIL MEETING DATE: July 27, 2015 TO: President Steve Nawrocki and Members of City Council CC: Sam Azad, City Manager VIA: Gina Dutcher, City Clerk FROM: Chief Luis Velez, Police Department SUBJECT: AN ORDINANCE AMENDING CHAPTER 1 OF TITLE XI OF THE PUEBLO MUNICIPAL CODE TO INCLUDE THOSE VEHICLES USED IN SPEED CONTESTS AS NUISANCE VEHICLES AND PROVIDING PENALTIES THEREFOR SUMMARY: Attached is an Ordinance amending Section 11-1-210 of the Pueblo Municipal Code to include vehicles used in speed contests as nuisance vehicles subject to seizure. PREVIOUS COUNCIL ACTION: There has been no previous Council action. BACKGROUND: The Pueblo Police Department has observed an increase in speed contests within the City. These speed contests take place on busy public roads endangering the health and safety of other motorists, pedestrians and citizens in general. Officers have not been able to effectively curb street racing through the issuance of traffic tickets. FINANCIAL IMPLICATIONS: There are no financial implications. BOARD/COMMISSION RECOMMENDATION: Not applicable to this Ordinance. STAKEHOLDER PROCESS: Members of the public and the Police Department are the primary stakeholders affected by the proposed Ordinance revision. ALTERNATIVES: Council can vote not to approve the proposed Ordinance. RECOMMENDATION: The Police Department recommends approval of this Ordinance. Attachments: None.