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City Clerk’s Office Item # R-4
Background Paper for Proposed
ORDINANCE
COUNCIL MEETING DATE:
August 28, 2017
TO: President Stephen G. Nawrocki and Members of City Council
CC: Sam Azad, City Manager
VIA: Gina Dutcher, City Clerk
FROM: Daniel C. Kogovsek, City Attorney
SUBJECT: AN ORDINANCE AMENDING CHAPTER 6 OF TITLE I OF THE PUEBLO
MUNICIPAL CODE TO ADD CONTEMPT OF COURT AS A MUNICIPAL
OFFENSE AND PROVIDING PENALTIES THEREFORE
SUMMARY:
Attached is an Ordinance amending Chapter 6 of Title I to add Section 1-6-11 to the Pueblo
Municipal Code, which specifically defines criminal liability for contempt of court.
PREVIOUS COUNCIL ACTION:
None.
BACKGROUND:
Currently, the Pueblo Municipal Code does not set forth contempt of court as a separate and
distinct municipal offense. Confusion exists as to how contempt should be charged and what
procedures are required to prosecute the offense. The proposed ordinance will define the charge
and provide notice of the procedures to be followed when the crime is alleged.
FINANCIAL IMPLICATIONS:
There are no financial implications for the City.
BOARD/COMMISSION RECOMMENDATION:
Not applicable for this Ordinance
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
continue charging contempt under the current Code.
RECOMMENDATION:
Approval of the Ordinance.
ATTACHMENTS:
None.
ORDINANCE NO. 9169
AN ORDINANCE AMENDING CHAPTER 6 OF TITLE I OF THE
PUEBLO MUNICIPAL CODE TO ADD CONTEMPT OF COURT AS
A MUNICIPAL OFFENSE AND PROVIDING PENALTIES
THEREFORE
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: (brackets indicate matter
being deleted, underscoring indicates new matter being added)
SECTION 1.
Chapter 6 of Title I of the Pueblo Municipal Code is hereby amended by the addition of
Section 1-6-11 to read as follows:
Sec. 1-6-11. – Contempt of Court.
(a) shall mean:
Contempt of Court
(1) Disobedience or resistance of any person to or interference with any lawful
writ, process, order, rule, decree or command of the Municipal Court; or
(2) Failure by any person, without adequate excuse, to obey a summons,
subpoena, or court order; or
(3) Any act or omission of any person which is offensive to the authority or
dignity of the Municipal Court or which obstructs or interferes with the
administration of justice; or
(4) Failure by any person to conduct themselves in a manner consistent with
the decorum and respect inherent in the concept of judicial proceedings in
the Municipal Court.
(b) Direct Contempt. When a contempt is committed in the presence of the Municipal
Court, it may be punished summarily. In such case, an order shall be made on the
record reciting the facts constituting the contempt, including a description of the
person’s conduct, adjudging the person guilty of contempt and imposing a sanction
therefore. Such order shall be final and conclusive but may be appealed as
provided by law.
(c) Indirect Contempt.
(1) When it appears to the Municipal Court that a contempt has been committed
out of the presence of the Municipal Court, the Municipal Court may
ex parte
order the person so charged to appear at a designated time and show cause
why he or she should not be punished for contempt. The order shall set forth
generally the facts giving rise to the contempt and shall be served upon such
person within a reasonable time before the time designated for the court
appearance. If such person fails to appear at the time so designated, a
warrant for his or her arrest may be issued.
(2) Municipal Court may, in lieu of or in addition to the order, issue a
ex parte
warrant for the arrest of the person charged with contempt if the contempt
includes failure to appear at a mandated proceeding. The Municipal Court
shall direct by endorsement thereon the amount of the bond required. If such
person is arrested under the warrant issued by the Municipal Court, makes
bond and fails to appear at the time designated in the warrant, or at any time
to which the hearing may be continued, the bond may be forfeited and the
amount thereof paid to the Municipal Court. If the person arrested fails to
make bond, he or she shall be kept in custody, subject to the order of the
Municipal Court.
(3) The Municipal Court shall hear the evidence for and against the person
charged, and it may find him or her guilty of contempt and prescribe the
punishment therefore. If the contempt consists of the failure to perform an
act in the power of the person to perform, he or she may be imprisoned until
its performance, but may not be held for a period longer than a year. In
addition thereto, to vindicate the dignity of the Municipal Court, if the citation
so states, a fine or imprisonment may be imposed.
(d) The Municipal Court may enforce any subpoena issued by any board, commission,
hearing officer or other body or officer authorized by this Code to issue subpoenas,
upon application by the body or officer. Failure by any person without adequate
excuse to obey the subpoena served upon the person, may be punished as
provided in this Section.
Contempt of Court shall be a Class 1 municipal offense.
(e)
Nothing in this section shall be construed to alter or diminish the inherent authority
(f)
of the Municipal Court to conduct its judicial proceedings or to enforce its orders
through civil or criminal contempt proceedings.
SECTION 2.
Any person who violates Section 1-6-11 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 said Section 1-6-11.
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 implement the policies and procedures described herein.
SECTION 4.
This Ordinance shall become effective immediately upon final passage.
INTRODUCED August 28, 2017
BY: Ed Brown
PASSED AND APPROVED: September 11, 2017