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HomeMy WebLinkAbout09169 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