HomeMy WebLinkAbout09049ORDINANCE NO. 9049
AN ORDINANCE AMENDING SUBSECTION A OF
SECTION 8 OF CHAPTER 1 OF TITLE XV OF THE PUEBLO
MUNICIPAL CODE RELATING TO THE IMMOBILIZATION
OF 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 15-1-8(a) of Chapter 1 of Title XV of the Pueblo Municipal Code is hereby
amended to read as follows:
Sec. 15-1-8. – Amendments and additions.
(24) 1801. Abandoned and impounded vehicles.
. . . . .
(3) Immobilization. When a driver, owner or person in charge of a motor
vehicle has received a notice or citation to answer to a charge against him for violation of
this Model Traffic Code, and such driver, owner or person in charge of such vehicle has
failed to appear and answer such charge, members of the police department or
employees of the City acting in their official capacity may, and they are hereby authorized
to, temporarily immobilize such vehicle by installing on or attaching to such vehicle a
device designed to restrict the normal movement of such vehicle, and if such vehicle is
so immobilized, the member of the police department or employee of the City so installing
or attaching such device shall conspicuously affix to such vehicle a notice in writing, on a
form to be provided by the chief of police, advising the driver, owner or other person in
charge of such vehicle that said vehicle has been immobilized by the City for violation of
\[
the Model Traffic Code, that release of such immobilization may be obtained at a
designated office of the police department which shall be open twenty-four hours every
\]
day or from the clerk of municipal court, that unless arrangements are made for the
\[\]
three (3) business days
release of the vehicle within seventy-two hours the vehicle
will be removed by the police department, and that removing the device before a release
is obtained is unlawful, and containing such other information as the chief of police shall
deem proper. It shall be unlawful for any person to remove such device or to move such
\[\]
vehicle before the same is released by the police department or the clerk of the
municipal court; and where such vehicle has been properly immobilized in said manner,
\[\]\[\]
twenty-five($25.00)
a fee of ten dollars shall be charged by the police department or
clerk of the municipal court before releasing such vehicle; and the parking restriction, if
any, otherwise applicable shall not apply while such vehicle is so immobilized. Any
person may secure the release of an immobilized vehicle by either: (a) paying the amount
of unpaid fines and court costs owing for which the vehicle was immobilized together with
n appearance
the immobilization fee above indicated, or (b) posting a bond in the amount
\[\]
one half of the unpaid fines and court costs owing or two hundred
of twenty-five
and fifty($250.00), whichever is greater
dollars and agreeing in writing to appear in
court on a date certain to answer or respond to all pending notices, citations and traffic
charges against such person or involving the vehicle.
SECTION 2.
Any person who violates Section 15-1-8(a)(24) 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 15-1-6 of the 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 to effectuate the policies and procedures
described herein.
SECTION 4.
This Ordinance shall become effective immediately upon final passage and
approval.
INTRODUCED September 26, 2016
BY: Ed Brown
PASSED AND APPROVED: October 11, 2016
City Clerk’s Office Item # R-4
Background Paper for Proposed
Ordinance
COUNCIL MEETING DATE:
September 26, 2016
TO: President Stephen G. Nawrocki and Members of City Council
CC: Sam Azad, City Manager
VIA: City Clerk’s Office
FROM: Lisa Macchietto, Assistant City Attorney
SUBJECT: AN ORDINANCE AMENDING SUBSECTION A OF SECTION 8 OF CHAPTER 1
OF TITLE XV OF THE PUEBLO MUNICIPAL CODE RELATING TO THE
IMMOBILIZATION OF VEHICLES AND PROVIDING PENALTIES THEREFOR
SUMMARY:
Attached is an Ordinance amending Chapter 1 of Title XV to update the policies and procedures
relating to the immobilization (booting) of vehicles.
PREVIOUS COUNCIL ACTION:
None.
BACKGROUND:
The policies and procedures currently set forth in Section 15-1-8(a)(24)(3) of the Pueblo Municipal
Code are outdated and do not accurately reflect the actual practices of the Police Department
and Municipal Court with regard to the immobilization (booting) of vehicles. The Police
Department no longer has a clerk available twenty four hours every day. Payments for release
of the immobilization device are handled through Municipal Court during regular business hours.
In addition, the cost of collecting unpaid traffic violations through the immobilizing and towing of
vehicles has increased and therefore, the proposed ordinance reflects an increased
immobilization fee.
The City does not currently immobilize vehicles until the vehicle has numerous unpaid traffic
violations. Therefore, the amounts owed at the time of immobilization can be substantial. The
proposed increased bond amount will better insure that the defendant appears for their future
court date and that the City will recover the unpaid fines and court costs.
FINANCIAL IMPLICATIONS:
The increased immobilization fee will help defray the cost of collecting unpaid traffic violations
through the immobilization and towing of vehicles.
BOARD/COMMISSION RECOMMENDATION:
None.
STAKEHOLDER PROCESS:
Not applicable for this Ordinance.
ALTERNATIVES:
City Council may choose not to approve this Ordinance in which case, the City will be required to
reinstitute the previous process and hire clerks at the police department in accordance with the
current ordinance.
RECOMMENDATION:
Approval of the Ordinance.
Attachments:
Proposed Ordinance