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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