HomeMy WebLinkAbout09157ORDINANCE NO. 9157
AN ORDINANCE AMENDING SECTION 1 OF CHAPTER 2
OF TITLE I OF THE PUEBLO MUNICIPAL CODE BY THE
ADDITION OF A NEW SUBSECTION 1-2-1(F) RELATING
TO USE OF FUNDS CREATED BY FINES WHICH EXCEED
THREE HUNDRED DOLLARS
WHEREAS, Ordinance No. 7853 was passed and approved by a vote of the
people on November 4, 2008, amending Section 3-5 of the Charter of the City of Pueblo,
and
WHEREAS, Section 3-5, as amended, provides that penalties imposed for the
enforcement of ordinances shall be limited to fines not exceeding one thousand dollars
($1,000.00) or one year in prison, or a combination of both, and
WHEREAS, Section 3-5, as amended, provides that the amount by which any fine
exceeds three hundred dollars ($300.00) is dedicated to graffiti control and removal and
other law enforcement activities as determined by the City Council, and
WHEREAS, the City Council determines that the cost incurred by the City with
respect to any community service program authorized pursuant to Section 1-2-1(c),
P.M.C., constitutes a law enforcement activity within the meaning of Section 3-5 of the
Charter of the City of Pueblo. NOW THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: (brackets indicate
matter being deleted, underscoring indicates new matter being added)
SECTION 1.
Section 1 of Chapter 2 of Title I of the Pueblo Municipal Code is hereby amended
by the addition of a new subsection (f) to read as follows:
Sec. 1-2-1. General penalty; continuing violations; adjudging fines and
imprisonment.
…
(f) The amount by which any imposed fine exceeds three hundred dollars
($300.00) is dedicated to graffiti control and removal and other law
enforcement activities as determined by the City Council. Other law
enforcement activities shall include any and all alternative sentencing
authorized pursuant to Subsection 1-2-1(c).
SECTION 2.
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 3.
This Ordinance shall become effective immediately after final passage and
approval.
INTRODUCED: August 14, 2017
BY: Robert Schilling
PASSED AND APPROVED: August 28, 2017
City Clerk’s Office Item # R-1
Background Paper for Proposed
Ordinance
COUNCIL MEETING DATE:
August 14, 2017
TO: President Stephan G. Nawrocki and Members of City Council
CC: Sam Azad, City Manager
VIA: Gina Dutcher, City Clerk
FROM: Judge Carla Sikes, Pueblo Municipal Court
SUBJECT: AN ORDINANCE AMENDING SECTION 1 OF CHAPTER 2 OF TITLE I OF
THE PUEBLO MUNICIPAL CODE BY THE ADDITION OF A NEW
SUBSECTION 1-2-1(F) RELATING TO USE OF FUNDS CREATED BY
FINES WHICH EXCEED THREE HUNDRED DOLLARS
SUMMARY:
Attached for consideration is a text addition to Title I of the Pueblo Municipal Code relating
to the use of funds created by fines which exceed three hundred dollars ($300.00).
PREVIOUS COUNCIL ACTION:
There has been no previous City Council action with regards to this Ordinance.
BACKGROUND:
Ordinance No. 7853 was passed by the voters on August 11, 2008, amending Section 3-
5 of the Charter of the City of Pueblo. Section 3-5, as amended, provides that penalties
imposed for the enforcement of ordinances shall be limited to fines not exceeding one
thousand dollars ($1,000.00) or one year in prison, or a combination of both. It also
provides that the amount by which any fine exceeds three hundred dollars ($300.00) is
dedicated to graffiti control and removal and other law enforcement activities as
determined by the Council.
FINANCIAL IMPLICATIONS:
Funds set aside by the Charter provision are currently used for graffiti control and removal
only.
BOARD/COMMISSION RECOMMENDATION:
Not applicable.
STAKEHOLDER PROCESS:
Not applicable.
ALTERNATIVES:
If City Council does not approve this Ordinance, Title I of the Pueblo Municipal Code will
not be amended to reflect the proposed changes relating to the use of funds created by
fines which exceed three hundred dollars ($300.00).
RECOMMENDATION:
Approval of Ordinance.
Attachments: None