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ORDINANCE NO. 9012
AN ORDINANCE AMENDING CHAPTER 2 OF TITLE XV OF THE
PUEBLO MUNICIPAL CODE RELATING TO THE PARKING OF
VEHICLES IN MUNICIPAL PARKING LOTS 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 15-2-4 of Chapter 2, Title 15, Pueblo Municipal Code, as amended, is hereby
amended to read as follows:
Sec. 15-2-4. Signs.
(a)
Signs may be erected at the entrance to each City-owned or City-operated
or restrictions
parking lot identifying the same, and setting forth the rates for parking
therein.
(b) It shall be unlawful for any person to stop, park, leave or cause to be
parked or left any automobile or other motor vehicle in a municipal parking lot after
having been warned not to do so by sign or posted warning.
(c) If a sign or marking restricts the use of a designated parking area or
individual space by requiring the display of a permit or placard, it shall be unlawful
and a separate strict liability municipal offense for any person to stop or park any
automobile or other motor vehicle in the area or space without properly displaying
a valid permit or placard. For purposes of this Subsection, such a permit or placard
is properly displayed only when it is located on the dashboard or windshield of the
vehicle in front of the driver's seat, or when it is hung from the rearview mirror, and
the date of expiration of the permit or placard is clearly visible through the
windshield of the vehicle. Motorcycles, mopeds, and other two-wheeled vehicles
shall be exempt from this Section.
(d) The presence of an unattended automobile or other motor vehicle
shall create a prima facie presumption that the registered owner of such vehicle did
then and there park, leave or cause to be parked or left the vehicle on such
premises, and the burden of proof shall be upon the registered owner to show
otherwise.
(e) This Section shall not apply to employees of the City in the discharge
of their official duties.
SECTION 2.
Section 15-2-5 of Chapter 2, Title 15, Pueblo Municipal Code, as amended, is hereby
amended to read as follows:
Sec. 15-2-5. Marking.
(a)signs,
Each municipal parking lot may be marked with stalls or lines
indicating proper areas of parking, as directed by the City Manager, in such a manner as
to provide the greatest number of parking spaces commensurate with safety and ease of
access.
(b) In those areas where designated parking areas or individual spaces
have been clearly identified by signs, markings or otherwise, it shall be unlawful
and a strict liability municipal offense for any person to stop or park any automobile
or other motor vehicle other than completely within the area or individual space
designated for parking.
(c) The presence of an unattended automobile or other motor vehicle
shall create a prima facie presumption that the registered owner of such vehicle did
then and there park, leave or cause to be parked or left the vehicle on such
premises, and the burden of proof shall be upon the registered owner to show
otherwise.
(d) This Section shall not apply to employees of the City in the discharge
of their official duties.
SECTION 3.
Chapter 2, Title 15 of the Pueblo Municipal Code is hereby amended by the addition of Section
15-2-16 to read as follows:
Sec. 15-2-16. Violations and penalties.
(a) It is unlawful for any person to violateany of the provisions of this
Chapter.
(b) A violation of this Chapter shall constitute a strict liability civil traffic
infraction punishable by a civil penalty only, not to exceed one thousand dollars
($1,000).
(c) Each hour of continuing violation shall be deemed to be a separate
violation and a separate offense.
(d) The owner, driver, or both, of any vehicle that is stopped, parked, left,
or otherwise in violation of any provision of this Chapter shall be subject to the
penalty herein.
(e) No person shall be arrested for any civil traffic infraction. The
Municipal Court shall not imprison any person for any civil traffic infraction and
shall not issue any warrant for the arrest of any person accused of or found liable
for a civil traffic infraction, except that the Court may issue arrest warrants for and
imprison any such person for contempt of court. The Court shall have the authority
to order persons found liable for civil traffic infractions to pay civil penalties, costs
and surcharges for such infractions. No person accused of a civil traffic infraction
shall be granted a jury trial. The Municipal Court shall apply the Colorado Rules for
Traffic Infractions in every case involving a civil traffic infraction. The Municipal
Court Judge shall act as the referee in all such cases. The Municipal Court shall
communicate all outstanding judgments in civil traffic infraction cases, including
all defaults, judgments, civil penalties, costs and surcharges, and failure to pay the
same, to the Colorado Department of Revenue, Division of Motor Vehicles. The
Municipal Court may also send unpaid defaults, judgments, civil penalties, costs
and surcharges to a collection agency.
SECTION 4.
Any person who violates Section 15-2-4 or Section 15-2-5 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 15-2-16, Pueblo Municipal Code, as
adopted herein.
SECTION 5.
The officers and staff of the City are directed and authorized to perform any and all acts
consistent with the intent of this Ordinance to effectuate the policies and procedures described
herein.
SECTION 6.
This Ordinance shall become effective immediately upon final passage.
INTRODUCED July 11, 2016
BY: Ed Brown
PASS AND APPROVED: July 25, 2016
City Clerkâs Office Item # R-3
Background Paper for Proposed
Ordinance
COUNCIL MEETING DATE: July 11, 2016
TO: President Stephen G. Nawrocki and Members of City Council
CC: Sam Azad, City Manager
VIA: Gina Dutcher, City Clerk
FROM: Pepper Whittlef, Department of Transportation
Chief Luis Velez and Sergeant Howard Jackson, Police Department
SUBJECT: AN ORDINANCE AMENDING CHAPTER 2 OF TITLE XV OF THE PUEBLO
MUNICIPAL CODE RELATING TO THE PARKING OF VEHICLES IN MUNICIPAL
PARKING LOTS AND PROVIDING PENALTIES THEREFOR
SUMMARY:
Attached is an Ordinance amending Chapter 2 of Title XV which amends Sections 15-2-4 and 15-
2-5 by creating offenses relating to the prohibited parking of vehicles in municipal parking lots,
and adding Section 15-2-16, which provides penalties therefor.
PREVIOUS COUNCIL ACTION:
On November 28, 1966, Council passed and approved Ordinance No. 3093 to amend the 1957
Code, adding Sections 26-24 and 26-25 to Article II. The sections addressed the required signs
and markings for city parking, and were incorporated with other provisions for municipal parking
lots. The amended provisions are currently reflected in Sections 15-2-4 and 15-2-5 of the
municipal code.
BACKGROUND:
Currently, the Pueblo Municipal Code does not provide for a violation when an owner or driver
has failed to properly display a required parking permit or placard in a municipal parking lot. Nor
does the code provide for a violation when an owner or driver of a vehicle has improperly stopped
or parked a motor vehicle anywhere other than within the marked boundaries of designated
parking areas or spaces. These behaviors are frequently encountered by police and parking
enforcement officials, inconvenience other motorists, and are disruptive to the community in
general.
The proposed Ordinance creates an offense that provides that it is a violation of the Pueblo
Municipal Code for a vehicle to be stopped or parked other than completely within the defined
boundaries of designated areas or spaces in a municipal parking lot. It also creates a new
violation for failure to properly display a required parking permit or placard. In addition, the
proposed Ordinance clarifies that all violations within Chapter 2 of Title XV are strict liability
offenses, provides for continuing violations as separate offenses, and creates liability for violations
for both an owner and a driver of a vehicle, if different persons.
These revisions will allow Police and Parking Enforcement Officers to better protect the health
and safety of the citizens of Pueblo.
FINANCIAL IMPLICATIONS:
There are no financial implications for the City.
BOARD/COMMISSION RECOMMENDATION:
Not applicable.
STAKEHOLDER PROCESS:
Not applicable.
ALTERNATIVES:
Council can refuse to approve the proposed Ordinance. If the proposed Ordinance is not
approved, the language of the Ordinances will remain as it is currently and no municipal offense
will exist for stopping or parking a vehicle other than completely within the defined boundaries of
a parking area or space, or for failing to display a parking permit when required.
RECOMMENDATION:
The Department of Transportation and the Police Department recommend approval of this
Ordinance.
Attachments:
None.