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HomeMy WebLinkAbout09239 ORDINANCE NO. 9239 AN ORDINANCE AMENDING THE PUEBLO MUNICIPAL CODE, REDEFINING AND AMENDING CLASSES OF OFFENSES AND PROVIDING PENALTIES FOR HABITUAL OFFENDERS WHEREAS, City Council is committed to protecting the health, safety and welfare of the public; 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 1-2-1 of the Pueblo Municipal Code is hereby amended to read as follows: Sec. 1-2-1. – General penalty; continuing violations; adjudging fines and imprisonment. (a) It shall be unlawful for any person to violate, disobey, omit, neglect, refuse or fail to comply with or resist the enforcement of any provision of this Code or any secondary code adopted herein. (b) Where no specific penalty is provided therefor, the violation of any provision of this be a Class 2 municipal offense and Code or of any secondary code adopted herein shallbe \[ punished by a fine not exceeding one thousand dollars ($1,000.00)or imprisonment for a term \] \[ not exceeding one (1) year, or by both such fine and imprisonment,the amount of such fineor \] term of such imprisonment to rest within the discretion of the Municipal Judge. (c) The Municipal Judge may, in his or her discretion, impose alternative sentencing including but not limited to in-home detention not to exceed one (1) year, probation, community service, deferred sentence, deferred prosecution, rehabilitation and educational classes, for any violations of the Municipal Code if he or she determines the alternative sentencing will best serve the intent and purpose of the Municipal Code. . . . (g) Every person convicted in the City of any municipal offense, when within five years of the date of the commission of said offense has been twice previously convicted of the same offense, separately brought and adjudicated and arising out of separate and distinct criminal episodes in the City, shall be adjudged a habitual offender and shall be punished: (1) As a Class 1 municipal offender and the standard base fine for the offense shall be tripled, provided that the fine may be altered at the Court’s discretion, but shall not exceed one thousand dollars ($1,000.00); or (2) For those convicted of a traffic code violation, the standard base fine for the civil infraction shall be tripled, provided that the fine may be altered at the Court’s discretion, but shall not exceed one thousand dollars ($1,000.00). (h) Every person convicted in the City of any municipal crime involving violence against another person or animal, when within ten years of the date of the commission of the offense has been twice previously convicted upon similar charges involving violence, separately brought and adjudicated and arising out of separate and distinct criminal episodes in the City, shall be adjudged a habitual criminal and shall be punished as a Class 1 municipal offender with a fine not exceeding one thousand dollars ($1,000.00) or imprisonment for a term not exceeding one (1) year, or by both such fine and imprisonment, the amount of such fine or term of such imprisonment to rest within the discretion of the Municipal Judge. (i) Any person convicted of a crime and sentenced as a habitual offender for violations of Sections 11-4-14 (Vicious animals), 11-4-15 (Restraining), or 11-4-21 (Animals; cruelty to) may, at the discretion of the Municipal Court, be enjoined from owning any animals as defined by Section 11-4-1 of the Pueblo Municipal Code, or otherwise maintaining any animals on their property within the City limits, along with any other appropriate penalty imposed by the Municipal Court. SECTION 2. Section 1-2-5 of the Pueblo Municipal Code is hereby amended to read as follows: Sec. 1-2-5. - Failure to pay fine; imprisonment. … (d) After hearing, the Municipal Judge may reduce the defendant's fine, suspend it or and the offense modify his or her installment plan or, if none of those alternatives is warranted is considered a Class 1 municipal offense or may be punished as a Class 1 offense , the Municipal Judge may sentence said defendant to a jail term to achieve the needed penological objective. … SECTION 3. Section 3-2-58 of the Pueblo Municipal Code is hereby amended to read as follows: Sec. 3-2-58. - Unlawful conduct and criminal penalties; revocation of permits; other enforcement. \[\] (a) It shall be unlawful and a Class 1 municipal offense for any person to knowingly violate, disobey, omit, neglect, refuse or fail to comply with or resist the enforcement of any \[ provision of this Chapter or of the International Fire Code, and, upon conviction thereof, the punishment therefor shall be a fine of not more than one thousand dollars ($1,000.00) or \] imprisonment for not more than one (1) year, or both such fine and imprisonment. \[\] (b) It shall be unlawful and a Class 1 municipal offense for any person to refuse or fail to timely comply with any order issued by the Chief of the Fire Department, the head of the Division of Fire Prevention or other designated fire inspector pursuant to the provisions of this \[ Chapter or the International Fire Code, and, upon conviction thereof, the punishment therefor shall be a fine of not more than one thousand dollars ($1,000.00) or imprisonment for not more \] than one (1) year, or both such fine and imprisonment. \[\] (c) It shall be unlawful and a Class 1 municipal offense for any person to knowingly make any false statement, representation or certification in any application, record, report, plan or other document filed or required to be maintained pursuant to any requirement of this Chapter \[ or the International Fire Code, and, upon conviction thereof, the punishment therefor shall be a fine of not more than one thousand dollars ($1,000.00) or imprisonment for not more than one (1) \] year, or both such fine and imprisonment. … SECTION 4. Section 4-1-11 of the Pueblo Municipal Code is hereby amended to read as follows: Sec. 4-1-11. - Licenses required. Except as specifically otherwise provided in this Code: \[\] (1) It shall be unlawful and a Class 1 Municipal Offense for any person to perform construction work or to engage in the construction business within the City without first having received the appropriate license or registration from the appropriate Board. \[\] (2) It shall be unlawful and a Class 1 Municipal Offense for any person to hire, employ, contract with or engage another person to perform any construction work unless the person so hired, employed, contracted with or engaged to perform construction work shall be licensed or registered as provided in this Code. (3) Any person who for hire or gain of any kind, shall hold himself or herself out to or contract with any other person to do any act for which a license or registration is required by this Code shall be presumed to be engaged in the construction business or in the performance of construction work. \[\] (4) It shall be unlawful and a Class 1 Municipal Offense for any person licensed to engage in the construction business under this Code to whom a permit has been issued for construction work at a construction site to fail to give notice that such person is performing construction work at such site by posting a notice to that effect in some conspicuous place at the site or by identifying all trucks or vehicles used at the site with the licensed person's name in legible letters at least two (2) inches in height. \[\] (5) It shall be unlawful and a Class 1 Municipal Offense for any person to advertise in any manner or use the title of a Journeyman, Master or Contractor without being licensed or registered in that field of construction as set forth in this Chapter. SECTION 5. Section 4-1-26 of the Pueblo Municipal Code is hereby amended to read as follows: Sec. 4-1-26. - Offenses; criminal penalties; other enforcement. \[\] (a) It shall be unlawful and a Class 1 municipal offense for any person, firm or corporation to knowingly violate, disobey, omit, neglect, refuse or fail to comply with or resist the \[ enforcement of any provision of this Chapter, and, upon conviction, the punishment shall be a fine of not more than one thousand dollars ($1,000.00) or imprisonment for not more than one (1) \] year, or both such fine and imprisonment. \[\] (b) It shall be unlawful and a Class 1 municipal offense for any person, firm or corporation to refuse or fail to timely comply with any order issued by the Building Official of the Pueblo Regional Building Department or other designated representative pursuant to the \[ provisions of this Chapter, and, upon conviction, the punishment shall be a fine of not more than one thousand dollars ($1,000.00) or imprisonment for not more than one (1) year, or both such \] fine and imprisonment. \[\] (c) It shall be unlawful and a Class 1 municipal offense for any person, firm or corporation to knowingly make any false statement, representation or certification in any application, record, report, plan or other document filed or required to be maintained pursuant to \[ any requirement of this Chapter, and, upon conviction, the punishment shall be a fine of not more than one thousand dollars ($1,000.00) or imprisonment for not more than one (1) year, or both \] such fine and imprisonment. … SECTION 6. Section 4-2-5 of the Pueblo Municipal Code is hereby amended to read as follows: Sec. 4-2-5. - Offenses; criminal penalties; permit revocation; and other enforcement provisions. \[\] (a) It shall be unlawful and a Class 1 municipal offense for any person to knowingly violate, disobey, omit, neglect, refuse or fail to comply with or resist the enforcement of any \[ provision of this Chapter or of the International Building Code, and, upon conviction thereof, the punishment therefor shall be a fine of not more than one thousand dollars ($1,000.00) or \] imprisonment for not more than one (1) year, or both such fine and imprisonment. \[\] (b) It shall be unlawful and a Class 1 municipal offense for any person to refuse or fail to timely comply with any order issued by the Building Official, the Director of the Pueblo Regional Building Department or other designated building inspector pursuant to the provisions \[ of this Chapter or the International Building Code, and, upon conviction thereof, the punishment therefor shall be a fine of not more than one thousand dollars ($1,000.00) or imprisonment for not \] more than one (1) year, or both such fine and imprisonment. \[\] (c) It shall be unlawful and a Class 1 municipal offense for any person to knowingly make any false statement, representation or certification in any application, record, report, plan or other document filed or required to be maintained pursuant to any requirement of this Chapter \[ or the International Building Code, and, upon conviction thereof, the punishment therefor shall be a fine of not more than one thousand dollars ($1,000.00) or imprisonment for not more than \] one (1) year, or both such fine and imprisonment. … SECTION 7. Section 4-3-8 of the Pueblo Municipal Code is hereby amended to read as follows: Sec. 4-3-8. - Offenses; criminal penalties; permit revocation; other enforcement. \[\] (a) It shall be unlawful and a Class 1 municipal offense for any person to knowingly violate, disobey, omit, neglect, refuse or fail to comply with or resist the enforcement of any \[ provision of this Chapter, the N.E.C. or the I.C.C.E.C.A.P., and, upon conviction thereof, the punishment therefor shall be a fine of not more than one thousand dollars ($1,000.00)) or \] imprisonment for not more than one (1) year, or both such fine and imprisonment. \[\] (b) It shall be unlawful and a Class 1 municipal offense for any person to refuse or fail to timely comply with any order issued by the Building Official, the Director of the Pueblo Regional Building Department or other designated building inspector pursuant to the provisions \[ of this Chapter, the N.E.C. or the I.C.C.E.C.A.P., and, upon conviction thereof, the punishment therefor shall be a fine of not more than one thousand dollars ($1,000.00) or imprisonment for not \] more than one (1) year, or both such fine and imprisonment. \[\] (c) It shall be unlawful and a Class 1 municipal offense for any person to knowingly make any false statement, representation or certification in any application, record, report, plan or other document filed or required to be maintained pursuant to any requirements of this Chapter, \[ the N.E.C. or the I.C.C.E.C.A.P., and, upon conviction thereof, the punishment therefor shall be a fine of not more than one thousand dollars ($1,000.00) or imprisonment for not more than one \] (1) year, or both such fine and imprisonment. … SECTION 8. Section 4-4-9 of the Pueblo Municipal Code is hereby amended to read as follows: Sec. 4-4-9. - Offenses; criminal penalties; permit revocation; other enforcement. \[\] (a) It shall be unlawful and a Class 1 municipal offense for any person to knowingly violate, disobey, omit, neglect, refuse or fail to comply with or resist the enforcement of any \[ provision of this Chapter or of the International Plumbing Code, and, upon conviction thereof, the punishment therefor shall be a fine of not more than one thousand dollars ($1,000.00) or \] imprisonment for not more than one (1) year, or both such fine and imprisonment. \[\] (b) It shall be unlawful and a Class 1 municipal offense for any person to refuse or fail to timely comply with an order issued by the Building Official or other designated plumbing \[ inspector pursuant to the provisions of this Chapter or the International Plumbing Code, and, upon conviction thereof, the punishment therefor shall be a fine of not more than one thousand dollars ($1,000.00) or imprisonment for not more than one (1) year, or both such fine and \] imprisonment. \[\] (c) It shall be unlawful and a Class 1 municipal offense for any person to knowingly make any false statement, representation or certification in any application, record, report, plan or other document filed or required to be maintained pursuant to any requirement of this Chapter \[ or the International Plumbing Code, and, upon conviction thereof, the punishment therefor shall be a fine of not more than one thousand dollars ($1,000.00) or imprisonment for not more than \] one (1) year, or both such fine and imprisonment. … SECTION 9. Section 4-5-3 of the Pueblo Municipal Code is hereby amended to read as follows: Sec. 4-5-3. - Offenses; criminal penalties; permit revocation; other enforcement. \[\] (a) It shall be unlawful and a Class 1 municipal offense for any person to knowingly violate, disobey, omit, neglect, refuse or fail to comply with or resist the enforcement of any \[ provision of this Chapter or the International Mechanical Code, and, upon conviction thereof, the punishment therefor shall be a fine of not more than one thousand dollars ($1,000.00) or \] imprisonment for not more than one (1) year, or both such fine and imprisonment. \[\] (b) It shall be unlawful and a Class 1 municipal offense for any person to refuse or fail to timely comply with any order issued by the Code Official, the Director of the Pueblo Regional Building Department or other designated mechanical inspector pursuant to the provision of this \[ Chapter or the International Mechanical Code, and, upon conviction thereof, the punishment therefor shall be a fine of not more than one thousand dollars ($1,000.00) or imprisonment for not \] more than one (1) year, or both such fine and imprisonment. \[\] (c) It shall be unlawful and a Class 1 municipal offense for any person to knowingly make any false statement, representation or certification in any application, record, report, plan or other document filed or required to be maintained pursuant to any requirement of this Chapter \[ or the International Mechanical Code, and, upon conviction thereof, the punishment therefor shall be a fine of not more than one thousand dollars ($1,000.00) or imprisonment for not more than \] one (1) year, or both such fine and imprisonment. … SECTION 10. Section 4-6-6 of the Pueblo Municipal Code is hereby amended to read as follows: Sec. 4-6-6. - Offenses; criminal penalties; permit revocation; and other enforcement provisions. \[\] (a) It shall be unlawful and a Class 1 municipal offense for any person to knowingly violate, disobey, omit, neglect, refuse or fail to comply with or resist the enforcement of any \[ provision of this Chapter or of the International Residential Code, and, upon conviction thereof, the punishment therefor shall be a fine of not more than one thousand dollars ($1,000.00) or \] imprisonment for not more than ninety (90) days, or both such fine and imprisonment. \[\] (b) It shall be unlawful and a Class 1 municipal offense for any person to refuse or fail to timely comply with any order issued by the Building Official, the Director of the Pueblo Regional Building Department or other designated building inspector pursuant to the provisions \[ of this Chapter or the International Residential Code, and, upon conviction thereof, the punishment therefor shall be a fine of not more than one thousand dollars ($1,000.00) or \] imprisonment for not more than ninety (90) days, or both such fine and imprisonment. \[\] (c) It shall be unlawful and a Class 1 municipal offense for any person to knowingly make any false statement, representation or certification in any application, record, report, plan or other document filed or required to be maintained pursuant to any requirement of this Chapter \[ or the International Residential Code, and, upon conviction thereof, the punishment therefor shall be a fine of not more than one thousand dollars ($1,000.00) or imprisonment for not more than \] ninety (90) days, or both such fine and imprisonment. … SECTION 11. Section 4-8-9 of the Pueblo Municipal Code is hereby amended to read as follows: Sec. 4-8-9. - Penalties and surcharge. (a) Any person who violates, disobeys, omits, neglects, refuses, fails to comply with or resists the enforcement of any provision of this Chapter or of the 2009 I.P.M.C. as adopted, and amended by this Chapter, shall be punished by a fine of not more than one thousand dollars \[ ($1,000.00) or imprisonment for not more than one (1) year, or both such fine and imprisonment, provided that, if the person found guilty of a violation of an offense was under eighteen (18) years \] of age at the time of the offense, the court shall not impose a jail sentence. (b) In addition to the penalties provided herein, any person convicted of violating any provision of this Chapter or the I.P.M.C. as adopted and amended by this Chapter, shall be assessed a surcharge for each count of such conviction, to be known as the Keep Pueblo Beautiful Surcharge, in the amount of twenty-five dollars ($25). In the case of an unemancipated minor, the parents or guardians of the minor shall be jointly and severally liable for this surcharge and shall be ordered to pay the same. This surcharge may only be waived by the Court upon a bona fide finding that the Defendant is indigent, or in the case of a minor, that the minor's parents or guardians are indigent. This surcharge shall be collected by the Municipal Court and paid into the City's general fund. SECTION 12. Section 4-12-7 of the Pueblo Municipal Code is hereby amended to read as follows: Sec. 4-12-7. - Enforcement. \[\] (a) It shall be unlawful and a Class 1 municipal offense for any person to violate any provision of this Chapter, or to violate any term or requirement of a certificate of designation issued \[ hereunder. Any person convicted of an offense defined in this Section or elsewhere in this \] Chapter shall be punished as provided in Section 11-1-103 of this Code. (b) If any person engages in activities contrary to any requirement of this Chapter, in violation of any state requirements or in violation of any term or requirement of a certificate of designation, such activity or condition shall be deemed a nuisance and the City may commence an action for appropriate relief including injunctive relief in any court of competent jurisdiction. SECTION 13. Section 4-13-2 of the Pueblo Municipal Code is hereby amended to read as follows: Sec. 4-13-2. - Amendments. … (f) Section 301 entitled "General" of the U.D.B.C. is hereby amended by the addition of the following new definitions: "'Building Official' means and includes the director of the Pueblo Regional Building Department, the building official appointed by the Pueblo Regional Building Commission, and the Building Official's authorized representatives. \[\] 2 "'Misdemeanor' means and includes a Class 1 Municipal Offense. … SECTION 14. Section 4-13-5 of the Pueblo Municipal Code is hereby amended to read as follows: Sec. 4-13-5. - Offenses; criminal penalties; permit revocation; civil liability; other enforcement. \[\] (a) It shall be unlawful and a Class 1 municipal offense for any person to knowingly violate, disobey, omit, neglect, refuse or fail to comply with or resist the enforcement of any \[ provision of this Chapter or the Uniform Dangerous Building Code, and, upon conviction thereof, the punishment therefor shall be a fine of not more than one thousand dollars ($1,000.00) or \] imprisonment for not more than one (1) year, or both such fine and imprisonment. \[\] (b) It shall be unlawful and a Class 1 municipal offense for any person to refuse or fail to timely comply with any order issued by the Building Official or other designated building \[ inspector pursuant to the provisions of this Chapter or the Uniform Dangerous Building Code, and, upon conviction thereof, the punishment therefor shall be a fine of not more than one thousand dollars ($1,000.00) or imprisonment for not more than one (1) year, or both such fine \] and imprisonment. \[\] (c) It shall be unlawful and a Class 1 municipal offense for any person to knowingly make any false statement, representation or certification in any application, record, report, plan or other document filed or required to be maintained pursuant to any requirement of this Chapter \[ or the Uniform Dangerous Building Code, and, upon conviction thereof, the punishment therefor shall be a fine of not more than one thousand dollars ($1,000.00) or imprisonment for not more \] than one (1) year, or both such fine and imprisonment. … (h) A dangerous building is hereby declared to be a public nuisance. It shall be \[\] unlawful and a Class 1 municipal offense for any person to own, keep, maintain, use or occupy a dangerous building. (i) The enforcement remedies set forth in this Section and in this Code, the Uniform Code for the Abatement of Dangerous Buildings, the Uniform Housing Code and the International Building Code are hereby expressly declared to be cumulative, and the exercise of any one (1) or more of them is not dependent upon the exercise of any other remedy, nor does the exercise of any one (1) or more of them constitute any bar or limitation to the exercise of any other. SECTION 15. Section 7-1-1 of the Pueblo Municipal Code is hereby amended to read as follows: Sec. 7-1-1. - Definitions; acts; omissions. (a) Nuisance is hereby defined as any act or condition which endangers the public health or results in annoyance or discomfort to the public. and a Class 1 municipal offense (b) It shall be unlawful for any person to commit or do any act constituting a nuisance. and a Class 1 municipal offense (c) It shall be unlawful for any person to create, continue or suffer the existence of any nuisance on any property under his or her control. a Class 1 municipal offense, (d) It shall be unlawful, and a nuisance for any person to permit any condition to remain or exist on any property under his or her control which shall result in the emission of objectionable smoke, odor, vibration, dust, glare, sound, noxious gases or heat beyond the confines of his or her property which endangers the public health or results in annoyance or discomfort to the public. SECTION 16. Section 7-3-6 of the Pueblo Municipal Code is hereby amended to read as follows: Sec. 7-3-6. - Disposal at designated facilities. (a) All rubbish, trash, litter and garbage shall be disposed of only by delivery to duly designated solid waste disposal facilities or qualified recycling facilities. It shall be unlawful and a Class 1 municipal offense for any person to dump, deliver or dispose of rubbish, trash, litter and garbage anywhere within the City except at a duly designated solid waste disposal facility or qualified recycling facilities. If any rubbish, trash, litter or garbage is disposed of other than in compliance with this Chapter, and the ownership of the rubbish, trash, litter or garbage can be ascertained from the contents thereof, the owner so ascertained may be prosecuted for such unlawful dumping, delivery or disposal of the rubbish, trash, litter or garbage. (b) Containers which are provided in any public place or facility for the disposal of litter are provided only for the purpose of disposal of litter and trash produced or generated upon or within said public place or facility or by activities lawfully conducted therein. It shall be unlawful Class 2 and a municipal offense for any person to deposit or dispose of litter which is produced or generated off the site of any public place or facility in any containers provided in any public place or facility for the disposal of litter. Class 2 (c) It shall be unlawful and a municipal offense for any person to dispose of litter in any container maintained by another person for disposal of litter unless the person has been granted permission to so use said container or unless the person is a business invitee of the person maintaining the container and is disposing of litter generated on the premises where the container is located. SECTION 17. Section 7-3-16 of the Pueblo Municipal Code is hereby amended to read as follows: Sec. 7-3-16. - Penalties for violation. The following provisions shall apply to a violation of any of the provisions of this Chapter: (1) It is unlawful and a municipal offense for any person to violate any of the provisions of this Chapter. Unless otherwise stated, e\[\] (2) Every person convicted of a violation of any of the provisions of this Chapter shall be punished by a fine not exceeding one thousand dollars \[ ($1,000.00) or by imprisonment not exceeding one (1) year, or both by such fine and \] imprisonment. … SECTION 18. Section 7-5-14 of the Pueblo Municipal Code is hereby amended to read as follows: Sec. 7-5-14. - Unlawful conduct. \[\] (a) It shall be unlawful and a Class 1 municipal offense for any person: (1) To own or operate any new or existing source required to be permitted under this Chapter without a valid permit; (2) To own or operate any new or existing source required to be permitted under this Chapter during a period when the permit therefor is under suspension or has been revoked; (3) To refuse to comply with the requirements of any cease and desist order issued by the Director, unless the order has been stayed by action of the Board or a court of competent jurisdiction during any administrative or judicial appeal; (4) To knowingly violate any of the provisions of this Chapter. (b) Any person convicted of any offense defined in this Section or elsewhere in this Chapter shall be punished as provided in Section 11-1-103 of this Code. (c) In addition to the penalties provided herein, any person convicted of violating any provision of this Chapter shall be assessed a surcharge for each count of such conviction, to be known as the Keep Pueblo Beautiful Surcharge, in the amount of twenty-five dollars ($25.00). In the case of an unemancipated minor, the parents or guardians of the minor shall be jointly and severally liable for this surcharge and shall be ordered to pay the same. This surcharge may only be waived by the Court upon a bona fide finding that the defendant is indigent, or in the case of a minor, that the minor's parents or guardians are indigent. This surcharge shall be collected by the Municipal Court and paid into the City's general fund. SECTION 19. Section 8-8-18 of the Pueblo Municipal Code is hereby amended to read as follows: Sec. 8-8-18. - Sanitation inspection; revocation; suspension of licenses, permits (a) The Health Officer shall have the authority, at any reasonable time, to enter and inspect for health and sanitation purposes any facility licensed hereunder. (b) If it shall be found that the licensee has violated any provision of this Chapter, the \[\] Municipal Court Judge, in addition to the power to impose a fine or jail sentence as provided in Section 1-2-1 of this Code, shall have power to revoke or suspend any license or permit and order all mobile home parking removed or the mobile home park closed. SECTION 20. Section 9-1-2 of the Pueblo Municipal Code is hereby amended to read as follows: Sec. 9-1-2. - Application. and a Class 1 municipal offense (a) Compliance Required. It shall be unlawful for any person, either directly or indirectly, to conduct any business or nonprofit enterprise, or to use in connection therewith any vehicle, premises, machine or device, in whole or in part, for which a license, or permit is required by this Code or any law or ordinance of this City, without a license or permit therefor being first procured and kept in effect at all such times as required by this Code or other law or ordinance of the City. … SECTION 21. Section 9-7-11 of the Pueblo Municipal Code is hereby amended to read as follows: Sec. 9-7-11. - Firearms; dealing in, license required; fee, terms. (a) Firearms shall mean a pistol, revolver or other weapon of any description, loaded or unloaded, from which any shot, bullet or other missile can be discharged, and the length of the barrel of which, not including any revolving detachable or magazine breech, does not exceed twelve (12) inches. and a Class 1 municipal offense (b) It shall be unlawful for any person to engage in the business of the retail sale, rental or exchange of firearms, within the City, without obtaining a license therefor from the License Officer. (c) The annual fee for such license shall be five dollars ($5.00). SECTION 22. Section 9-10-65 of the Pueblo Municipal Code is hereby amended to read as follows: Sec. 9-10-65. - Secondhand dealers; license. … \[\] (c) It shall be unlawful and a class 1 municipal offense for any secondhand dealer to operate or to sell, purchase or trade secondhand property without holding a valid secondhand dealer license. SECTION 23. Section 9-10-66 of the Pueblo Municipal Code is hereby amended to read as follows: Sec. 9-10-66. - Secondhand dealers; records; holding period. … \[\] (f) It shall be unlawful and a Class 1 municipal offense for any secondhand dealer to violate any provision of this Section. SECTION 24. Section 9-10-94 of the Pueblo Municipal Code is hereby amended to read as follows: Sec. 9-10-94. - Going-out-of-business sales. … (f) Unlawful Acts. It shall be unlawful for any person to knowingly violate any provision of this Section, and any person found guilty of violating any of the provisions of this Section shall \[ be punished by a fine of not more than one thousand dollars ($1,000.00) or by imprisonment for \] not more than one (1) year, or by both such fine and imprisonment. … SECTION 25. Section 9-12-2 of the Pueblo Municipal Code is hereby amended to read as follows: Sec. 9-12-2. - Unlawful acts. \[\] (a) It shall be unlawful and a Class 1 municipal offense for any person, partnership or corporation to engage in the merchant patrol or security guard service business without first being licensed under this Chapter. \[\] (b) It shall be unlawful and a Class 1 municipal offense for a merchant patrol or security guard service to employ as a security guard any person who is not licensed as a security guard under this Chapter. \[\] (c) It shall be unlawful and a Class 2 municipal offense for any person who is not licensed as a security guard under this Chapter to perform services as a security guard. \[\] (d) It shall be unlawful and a Class 2 municipal offense for any person to perform services as a security guard for a merchant patrol or security service which is not licensed under this Chapter. SECTION 26. Section 11-1-103 of the Pueblo Municipal Code is hereby amended to read as follows: Sec. 11-1-103. - Penalties for violation. (a) Unless otherwise specified, the punishment for violation of an offense described in \[ this Chapter shall be a fine of not more than one thousand dollars ($1,000.00) or imprisonment for not more than one (1) year, or both such fine and imprisonment, provided that, if the person found guilty of a violation of an offense was under eighteen (18) years of age at the time of the offense, the court shall not impose a jail sentence but may impose in-home detention for not more \] than one (1) year. Throughout this Municipal Code, \[\]t (b) The punishment for violation of an offense defined as a Class 1 municipal offense shall be a fine of not more than one thousand dollars ($1,000.00) or imprisonment for not more than one (1) year, or both such fine and imprisonment, provided that, if the person found guilty of a violation of a Class 1 municipal offense was under eighteen (18) years of age at the time of the offense, the court shall not impose a jail sentence but may impose in-home detention for not more than one (1) year. Throughout this Municipal Code, \[\]t (c) The punishment for violation of an offense defined as a Class 2 municipal offense shall be a fine of not more than one thousand dollars ($1,000.00). (d) The Municipal Judge may, in his or her discretion, impose alternative sentencing including but not limited to in-home detention not to exceed one (1) year, probation, community service, deferred sentence, deferred prosecution, rehabilitation and educational classes, for any violations of the Municipal Code if he or she determines the alternative sentencing will best serve the intent and purpose of the Municipal Code. (e) In addition to the penalties provided herein, any person convicted of a violation of Section 11-1-201, 11-1-207, 11-1-301, 11-1-302, 11-1-602 or 11-1-608 of this Code, shall be assessed a fee to be known as the Pueblo Metro D.A.R.E. Surcharge in the amount of five dollars ($5.00). The Pueblo Metro D.A.R.E. Surcharge shall be imposed at the time of conviction and may only be waived by the court upon a finding that the defendant or in the case of a minor the defendant's parent is indigent. For purposes of this Subsection (e), conviction shall include all guilty pleas, findings of guilt and deferred sentences. The Pueblo Metro D.A.R.E. Surcharge shall be collected by the Municipal Court and paid into the City's general fund. (f) In addition to the penalties provided herein, any person convicted of violating Section 11-1-204 or 11-1-607 of this Chapter shall be assessed a surcharge for each count of such conviction, to be known as the Keep Pueblo Beautiful Surcharge, in the amount of twenty- five dollars ($25.00). In the case of an unemancipated minor, the parents or guardians of the minor shall be jointly and severally liable for this surcharge and shall be ordered to pay the same. This surcharge may only be waived by the Court upon a bona fide finding that the defendant is indigent, or in the case of a minor, that the minor's parents or guardians are indigent. This surcharge shall be collected by the Municipal Court and paid into the City's general fund. SECTION 27. Section 11-1-107 of the Pueblo Municipal Code is hereby amended to read as follows: Sec. 11-1-107. - Conspiracy. (a) A person commits conspiracy to commit an offense if, with the intent to promote or facilitate its commission, he or she agrees with another person or persons that they, or one (1) or more of them, will engage in conduct which constitutes an offense defined by the ordinances of the City or which constitutes an attempt to commit an offense defined by the ordinances of the City, or he or she agrees to aid the other person or persons in the planning or commission of such an offense or of an attempt to commit such offense. \[\] 2 (b) Conspiracy to commit an offense is a Class 1 municipal offense. SECTION 28. Section 11-1-401 of the Pueblo Municipal Code is hereby amended to read as follows: Sec. 11-1-401. - Theft from a merchant. (a) It shall be unlawful for any person to obtain or exercise control over any meals, goods, services or accommodations having a value of less than one thousand dollars ($1,000.00) which are the property of another exposed or available for sale or available to rent or for hire, with the intent to convert the same to his or her own use without payment of the purchase price or rent therefor. \[\] 2 (b) Theft from a merchant is a Class 1 municipal offense. SECTION 29. Section 11-1-402 of the Pueblo Municipal Code is hereby amended to read as follows: Sec. 11-1-402. - Damaging, defacing or destruction of property. (a) It shall be unlawful for any person to knowingly damage, deface, destroy or injure the real or personal property of one (1) or more other persons in the course of a single episode where the aggregate damage to the real or personal property is less than one thousand dollars ($1,000.00). \[\] 2 (b) Damaging, defacing or destruction of property is a Class 1 municipal offense, provided that if the person found guilty of violating Subsection (a) was under eighteen (18) years of age on the date of violation, the court shall not impose a jail sentence. SECTION 30. Section 11-1-403 of the Pueblo Municipal Code is hereby amended to read as follows: Sec. 11-1-403. - Damaging, defacing or destruction of City property. (a) It shall be unlawful for any person to knowingly damage, deface, destroy or injure the real or personal property of the City in the course of a single episode where the aggregate damage to the real or personal property is less than one thousand dollars ($1,000.00). \[\] 2 (b) Damaging, defacing or destruction of City property is a Class 1 municipal offense, provided that if the person found guilty of violating Subsection (a) was under eighteen (18) years of age on the date of violation, the court shall not impose a jail sentence. SECTION 31. Section 11-1-407 of the Pueblo Municipal Code is hereby amended to read as follows: Sec. 11-1-407. - Theft. \[\] 2 It shall be unlawful and a Class 1 municipal offense for any person to knowingly obtain or exercise control over any thing of value of another without authorization and with the intent to permanently deprive the other person of the use or benefit of the thing of value; provided, however, that this Section shall have no application: (1) Where the thing of value has a value of one thousand dollars ($1,000.00) or more or is intangible personal property; (2) Where the other person (victim) is sixty (60) years of age or older and the offense is committed in such person's presence; (3) Where the other person (victim) is disabled because of the loss of or permanent loss of use of a hand or foot or because of blindness or the permanent impairment of vision in both eyes to such a degree as to constitute virtual blindness and the offense is committed in such person's presence; or (4) Where the thing of value is a motor vehicle part which has a value of one thousand dollars ($1,000.00) or more removed from a motor vehicle during the theft. SECTION 32. Section 11-1-504 of the Pueblo Municipal Code is hereby amended to read as follows: Sec. 11-1-504. - False reporting. (a) It shall be unlawful for any person to knowingly: (1) Make or cause to be made a false alarm of a fire or other emergency; or (2) Make or cause to be made a false, misleading or unfounded report to the Police Department concerning the commission or alleged commission by another person of any offense or violation of any City ordinance; or (3) Give false or misleading information to an officer or employee of the City when such officer or employee is acting in his or her official capacity and the information (i) relates to a matter within the official concern of the officer or employee and (ii) materially interferes with the discharge of such officer's or employee's official duty. \[\] 2 (b) False reporting is a Class 1 municipal offense. SECTION 33. Section 11-1-602 of the Pueblo Municipal Code is hereby amended to read as follows: Sec. 11-1-602. - Substance abuse. (a) No person shall knowingly smell or inhale the fumes of toxic vapors for the purpose of causing a condition of euphoria, excitement, exhilaration, stupefaction or dulled senses of the nervous system. No person shall knowingly possess, buy or use any such substance for the purposes described in this Subsection, nor shall any person knowingly aid any other person to use any such substance for the purposes described in this Subsection. This Subsection shall not apply to the inhalation of anesthesia or other substances for medical or dental purposes. (b) Any person who knowingly violates the provisions of Subsection (a) of this Section \[\] 2 commits the offense of abusing toxic vapors. Abusing toxic vapors is a Class 1 municipal \[ offense, except that no person shall receive a sentence to confinement in jail for being convicted of a first offense pursuant to this Subsection. Any person convicted of a second or any subsequent \] offense pursuant to this Subsection may receive a sentence to confinement in jail. … SECTION 34. Section 11-1-704 of the Pueblo Municipal Code is hereby amended to read as follows: Sec. 11-1-704. - Sale or exhibition of matter harmful to minors. … \[\] 2 (d) Violation of any provision of this Section shall be a Class 1 municipal offense. SECTION 35. Section 11-1-707 of the Pueblo Municipal Code is hereby amended to read as follows: Sec. 11-1-707. - Tattooing of minors. \[\] 2 It shall be unlawful and a Class 1 municipal offense for any person to tattoo any minor without prior written consent of the parent, guardian or other person having legal care or custody of such minor. SECTION 36. Section 11-3-26 of the Pueblo Municipal Code is hereby amended to read as follows: Sec. 11-3-26. - Penalty. Any licensee violating any of the provisions of Sections 11-3-21 to 11-3-25, inclusive, of this Article shall, upon conviction thereof, be fined in a sum not less than two hundred dollars \[ ($200.00) nor more than one thousand dollars ($1,000.00), or shall be imprisoned in the City jail for a period of not less than ten (10) days nor more than one (1) year, or shall be both so fined \] and imprisoned. SECTION 37. Section 11-4-13 of the Pueblo Municipal Code is hereby amended to read as follows: Sec. 11-4-13. - Quarantine of animals. (a) Any animal which has bitten a person shall be confined and observed for a period of not less than ten (10) days from the date of the bite. The procedure and place of observation shall be designated by the investigating officer. If the animal is not confined on the owner's premises, confinement shall be in the Pueblo Animal Shelter or at any veterinary hospital of the owner's choice. Such confinement shall be at the expense of the owner. Stray animals whose owners cannot be located shall be confined in the Pueblo Animal Shelter. The owner of any animal that has been reported as having inflicted a bite on any person shall, on demand, produce said animal for quarantine as prescribed in this Section. Refusal to produce such animal constitutes a violation of this Section and a municipal offense, and each day of such refusal shall constitute a separate and individual violation. \[\]Class 1 (b) It shall be unlawful and a municipal offense for any person to remove from any place of isolation or quarantine any animal which has been isolated or quarantined as authorized, without consent of the impounding agency. SECTION 38. Section 11-4-16 of the Pueblo Municipal Code is hereby amended to read as follows: Sec. 11-4-16. - Disposition of impounded animals. … (c) If an animal is not redeemed within five (5) days after the receipt of notice by the owner or within five (5) days after impoundment if the owner cannot be determined, it shall be deemed abandoned and become the property of the Shelter Operator. Upon adoption of any animal eligible for adoption from the Shelter Operator, and payment of the adoption fee therefor, the animal shall be either spayed or neutered by a licensed veterinarian at the animal shelter or the person adopting the animal shall execute a written agreement that the animal will be spayed or neutered within thirty (30) days of adoption and release. No animal adopted from the animal shelter shall be released without first having been spayed or neutered or before the written agreement is filed with the Shelter Operator. (1) Where an adopted animal is released pursuant to a written agreement to spay or neuter the animal, the person adopting the animal shall file, within thirty (30) days of the animal's release, proof of the fact that the animal has been spayed or neutered by submitting to the Shelter Operator a certification from the appropriate spay-neuter clinic, veterinarian or other provider of such services. (2) In the event a person signs an agreement to spay or neuter an animal \[\] 2 pursuant to this Subsection (c), it shall be unlawful and a Class 1 municipal offense for such person to fail to timely spay or neuter the animal pursuant to the agreement or to fail to timely file proof of such fact with the Shelter Operator. … SECTION 39. Section 11-5-7 of the Pueblo Municipal Code is hereby amended to read as follows: Sec. 11-5-7. - Penalty. It shall be a Class 1 municipal offense for any person to violate \[\] Any person violating \[ any executive orders issued pursuant to this Chapter shall be punished as provided by Section \] 1-2-1 of this Code. SECTION 40. Section 11-9-5 of the Pueblo Municipal Code is hereby amended to read as follows: Sec. 11-9-5. - Penalty. \[ (a) Any violation of Subsection 11-9-3(a) of this Chapter is a Class 1 municipal offense, provided that, if the person was under eighteen (18) years of age on the date of violation, the court shall not impose a jail sentence. Any person found guilty of violating Subsection 11-9- 3(a) shall, in addition to any sentence of jail time, pay a fine of not less than one hundred dollars ($100.00) for the first offense, two hundred dollars ($200.00) for the second offense and five hundred dollars ($500.00) for the third or any subsequent offense. \] \[\] (b)Any violation of any provision other than Subsection 11-9-3(a) of this Chapter is a Class 2 municipal offense. \[\] (b)\[ (c) Restitution. In addition to any punishment imposed for violation of Section \] 11-9-3(a) of this Chapter, the court shall order any violator to make restitution to the victim for damages or loss caused by the violator's offense in the amount or manner determined by the court. In the case of an unemancipated minor, the parents or legal guardian shall be ordered jointly and severally liable with the minor to make restitution, but such liability shall not exceed the damages set forth in Section 13-21-107(1), C.R.S. (1) Within ten (10) days after entry of any order for restitution any persons ordered to pay such restitution may file written objections to the amount of restitution including evidence that the amount of restitution exceeds the damages or loss caused by the violator's offense. The court may, based upon such objections and evidence or after hearing at the court's discretion, reduce the amount of restitution. (2) Upon an application and finding of indigence, the court may decline to order restitution. \[\] (c) (d)Seizure of graffiti implement. The Chief of Police or his or her authorized \[\] agent may seize, take and remove any graffiti implement used in violation of Section 11-9-3(a) \[\] of this Chapter or in the possession of a minor in violation of Section 11-9-3(b) of this Chapter. \[\] (d) (e)Community service. In lieu of, or as part of, any punishment imposed for \[\] violation of either Section 11-9-3(a) or (b) of this Chapter, a minor or adult may be required to perform community service as described by the court based on the following minimum requirements: (1) The minor or adult shall perform at least thirty (30) hours of community service. (2) At least one (1) parent or guardian of the unemancipated minor shall be in attendance a minimum of fifty percent (50%) of the period of assigned community service. (3) The entire period of community service shall be performed under the supervision of a community service provider approved by the Chief of Police. (4) Reasonable effort shall be made to assign the minor or adult to a type of community service that is reasonably expected to have the most rehabilitative effect on the minor or adult, including community service that involves graffiti removal. (5) In addition to the penalties provided herein, any person convicted of violating Section 11-9-3 or 11-9-4 of this Chapter shall be assessed a surcharge for each count of such conviction, to be known as the Keep Pueblo Beautiful Surcharge, in the amount of twenty-five dollars ($25.00). In the case of an unemancipated minor, the parents or guardians of the minor shall be jointly and severally liable for this surcharge and shall be ordered to pay the same. This surcharge may only be waived by the Court upon a bona fide finding that the defendant is indigent, or in the case of a minor, that the minor's parents or guardians are indigent. This surcharge shall be collected by the Municipal Court and paid into the City's general fund. SECTION 41. Section 11-10-318 of the Pueblo Municipal Code is hereby amended to read as follows: Sec. 11-10-318. - Trade names, trademarks, logos, labels, packaging and advertising. \[\] No licensee shall (a) It shall be unlawful for any licensee to use any logo, trademark, trade name, sign or advertising using the word "marijuana," "cannabis," any alternative spelling or abbreviation of the same, any slang term for the same commonly understood as referring to marijuana, any image of a cannabis leaf, or any depiction of any paraphernalia or other image commonly understood as referring to marijuana, except that the complete phrase "medical marijuana" may be used, so long as both words are the same size, style and font. … SECTION 42. Section 11-10-701 of the Pueblo Municipal Code is hereby amended to read as follows: Sec. 11-10-701. - Unlawful acts - any person. and a Class 1 municipal offense It shall be unlawful for any person to: (1) Forge, duplicate or alter any medical marijuana card; (2) Possess, exhibit or use any medical marijuana card issued to another person, except that a primary caregiver who has received a waiver from the State authorizing him or her to purchase and transport medical marijuana to a homebound patient may possess and use the medical marijuana card of the homebound patient while purchasing and transporting medical marijuana to the homebound patient; (3) Make any false statement, written or verbal, to the Authority or to any City employee, in any investigation, inquiry, hearing, testimony, application, report or document related in any way to medical marijuana or the licensing thereof; (4) Unseal on any licensed premises any marijuana infused product; or (5) Purchase, sell, exchange or deliver any medical marijuana, marijuana plant or marijuana infused product in public, except in a licensed premises. SECTION 43. Section 11-10-702 of the Pueblo Municipal Code is hereby amended to read as follows: Sec. 11-10-702. - Unlawful acts - patients and primary caregivers. and a Class 1 municipal offense It shall be unlawful for any patient or primary caregiver to: (1) Give, lend or sell a medical marijuana card or identification to any other person, except that a homebound patient who has received a waiver from the State permitting his or her primary caregiver to transport medical marijuana to him or her may lend his or her medical marijuana card and identification to his or her primary caregiver for the purpose of purchasing and transporting medical marijuana to the homebound patient; (2) Fail to have in his or her possession a medical marijuana card at any time the patient or primary caregiver is purchasing, exchanging, receiving, transporting or in possession of any medical marijuana, marijuana plants or marijuana infused product; (3) Purchase and transport marijuana from a medical marijuana facility to a homebound patient without having in his or her possession the primary caregiver's own medical marijuana card, the medical marijuana card of the homebound patient, and a copy of the State waiver permitting the primary caregiver to purchase medical marijuana from a medical marijuana center and transport the medical marijuana to the homebound patient; or (4) Smoke, eat, drink or otherwise use or consume any medical marijuana or marijuana infused products on any licensed premises or anywhere in public. SECTION 44. Section 11-10-703 of the Pueblo Municipal Code is hereby amended to read as follows: Sec. 11-10-703. - Unlawful acts - licensees, principals, registered managers and employees. and a Class 1 municipal offense It shall be unlawful for any licensee, principal, registered manager or employee of a licensee to commit any of the following acts: (1) To violate or to fail, neglect or refuse to comply with any requirement of this Chapter, Chapter 1, Title IX Pueblo Municipal Code, Article 43.3, Title 12, C.R.S., or any State regulation pertaining to medical marijuana. … SECTION 45. Section 11-11-318 of the Pueblo Municipal Code is hereby amended to read as follows: Sec. 11-11-318. - Trade names, trademarks, logos, labels, packaging and advertising. \[\] No licensee shall (a) It shall be unlawful for any licensee to use any logo, trademark, trade name, sign or advertising using the word "marijuana," "cannabis," any alternative spelling or abbreviation of the same, any slang term for the same commonly understood as referring to marijuana, any image of a cannabis leaf, or any depiction of any paraphernalia or other image commonly understood as referring to marijuana. … SECTION 46. Section 11-11-602 of the Pueblo Municipal Code is hereby amended to read as follows: Sec. 11-11-602. - Unlawful acts - licensees, principals, registered managers and employees. and a Class 1 municipal offense It shall be unlawful for any licensee, principal, registered manager or employee of a licensee to commit any of the following acts: (1) To violate, fail, neglect or refuse to comply with any requirement of: the Retail Marijuana Rules and Regulations promulgated by the Authority pursuant to this Chapter; Chapter 11, Title XI of the Pueblo Municipal Code; Chapter 1, Title IX of the Pueblo Municipal Code; Article 43.4, Title 12, C.R.S.; or of any State regulation pertaining to retail marijuana. … SECTION 47. Section 12-6-15 of the Pueblo Municipal Code is hereby amended to read as follows: Sec. 12-6-15. - Violation. (a) Any person convicted of a violation of this Chapter or any section or provision \[ hereof shall be punished by a fine of not more than one thousand dollars ($1,000.00) or by \] imprisonment for not more than one (1) year, or by both such fine and imprisonment. (b) The Director of Public Works shall refuse to issue a permit under this Chapter to any person who shall have suffered a second or subsequent conviction hereunder within a period of five (5) years from the date of the first or former conviction for a period of not less than one (1) year, after such second conviction. SECTION 48. Section 14-4-37 of the Pueblo Municipal Code is hereby amended to read as follows: Sec. 14-4-37. - Evasion of tax. (a) It shall be a violation of this Code for any retailer, vendor or purchaser of tangible personal property outside of the City for storage, use or consumption within the City to fail or refuse to make any return provided to be made in this Chapter, to make any false or fraudulent return or any false statement in any return, to fail or refuse to make payment to the Director of Finance of any taxes collected or due the City, or in any manner to evade the collection and payment of the tax or any part thereof imposed by this Chapter; or for any person or purchaser to fail or refuse to pay such tax or evade the payment thereof, or to aid or abet another in any attempt to evade the payment of the tax imposed by this Chapter. Any corporation making a false return or a return containing a false statement shall be guilty of a violation of this Code. (b) Any person who shall violate any of the provisions of this Chapter shall be guilty of ,such violation\[ a violation hereof and shall be punished as provided in Section 1-2-1 of this \] a Class 1 municipal offense Code. (c) Each and every twenty-four (24) hours' continuation of any violation shall constitute a distinct and separate offense. SECTION 49. Section 14-8-14 of the Pueblo Municipal Code is hereby amended to read as follows: Sec. 14-8-14. - Criminal penalties for violation. Any person who violates any provision of this Chapter shall, upon conviction, be punished \[ by a fine not exceeding one thousand dollars ($1,000.00) or imprisonment not exceeding one (1) \] year, or by both such fine and imprisonment, in addition to any civil penalty provided herein. SECTION 50. Section 14-9-13 of the Pueblo Municipal Code is hereby amended to read as follows: Sec. 14-9-13. - Criminal penalties for violation. Any person who violates any provision of this Chapter shall, upon conviction, be punished \[ by a fine not exceeding one thousand dollars ($1,000.00) or imprisonment not exceeding one (1) \] year, or by both such fine and imprisonment, in addition to any civil penalty provided herein. SECTION 51. Section 14-10-6 of the Pueblo Municipal Code is hereby amended to read as follows: Sec. 14-10-6. - False claims prohibited; penalties. \[\]Class 2 (a) It shall be unlawful and a municipal offense for any person to make or submit any false claim for property under this Chapter; or in connection with any claim under this Chapter, to knowingly make or submit any false statement or representation. \[ (b) Any person convicted of violation of this Section shall be punished by a fine of not more than one thousand dollars ($1,000.00) or by imprisonment for a period not to exceed one \] (1) year, or by both such fine and imprisonment. SECTION 52. Section 15-1-8 of the Pueblo Municipal Code is hereby amended to read as follows: Sec. 15-1-8. - Amendments and additions. (a) The following parts, sections or subsections of Article I of said Model Traffic Code are hereby repealed, added or amended to read as follows: … (14) Part 13, Parades and Funerals. … Subsection 1301-10. Criminal penalties. (a) It shall be unlawful to fail to obtain a permit required under this subsection for any parade. Any such violation committed intentionally, knowingly or recklessly is a \[\]2 Class 1 municipal offense. (b) The intentional, knowing or reckless commission of any act made unlawful by Subsection 1301-9 is a Class 2 municipal offense." … Section 1409, Compulsory Insurance. (15.5) (a) No owner of a motor vehicle required to be registered in the State of Colorado shall operate the vehicle or permit it to be operated on the highways within the City when the owner has failed to have a complying policy or certificate of self-insurance in full force and effect as required by law. (b) No person shall operate a motor vehicle on the highways within the City without a complying policy or certificate of self-insurance in full force and effect as required by law. (c) When an accident occurs, or when requested to do so following any lawful traffic contact or during any traffic investigation by a peace officer, no owner or operator of a motor vehicle shall fail to present to the requesting officer immediate evidence of a complying policy or certificate of self-insurance in full force and effect as required by law. (d) Penalties: (1) Any person who violates the provisions of Subsection (a), (b) or (c) \[\] 2\[ \] municipal offense of this Section commits a Class 1 Municipal Courtoffence. The Municipal Court shall impose a fine of not less than one hundred dollars ($100.00) and the Municipal Court shall not suspend such minimum fine. Nothing herein shall be construed to prevent the court from imposing a jail sentence or fine greater than the minimum mandatory fine. (2) Upon a second or subsequent conviction under this Section within a period of two (2) years following a prior conviction under this section or under Section 42-4-1409, C.R.S., the defendant shall be punished by a minimum mandatory fine of not less than two hundred dollars ($200.00), and the Municipal Court shall not suspend such minimum fine. Nothing herein shall be construed to prevent the court from imposing a jail sentence or a fine greater than the minimum mandatory fine. … SECTION 53. Section 15-3-2 of the Pueblo Municipal Code is hereby amended to read as follows: Sec. 15-3-2. - Obstruction of view; declaration of nuisance. (a) The following conditions are hereby expressly declared to be nuisances and constitute a threat to the safety of drivers and pedestrians. (1) Obscuring view of traffic control devices. Any fence or other structure or any shrub, hedge, bush, tree or other plant which obscures the view of a traffic control device to pedestrians or drivers using the public right-of-way. (2) Encroachment upon and obstruction of the public right-of-way. Any fence or other structure or any shrub, hedge, bush, tree or other plant which encroaches upon and obstructs the use of the public right-of-way, including without limitation, overhanging tree limbs. (3) Sight impairment at intersection. Any fence or other structure or any shrub, hedge, bush, tree or other plant which impairs the view of and constitutes a hazard to drivers of vehicles approaching, departing, entering or crossing an intersection area. It is presumed that any fence or other structure or any shrub, hedge, bush, tree or other plant which occupies an area in the clear sight triangle between two (2) and eight (8) feet above the immediately adjacent street grade does impair the view of and constitute a hazard to vehicles approaching, departing, entering or crossing the intersection area. This subsection 15-43-2(a)(3) shall not, however, be construed to change the front and side yard requirements as set forth in title XVII of this Code for main buildings. (b) Unlawful acts. \[\] 2 (1) It shall be unlawful and a Class 1 municipal offense for any owner or occupant of real property to permit, allow or suffer any nuisance under this Section to exist on or extend or project from such property or to exist or extend or project from any abutting public place which such owner or occupant is obligated to maintain pursuant to Section 10-2-4 of this Code (2) Each continuance of a nuisance for a twenty-four (24) hour period shall constitute a separate and distinct violation. SECTION 54. Section 16-8-9 of the Pueblo Municipal Code is hereby amended to read as follows: Sec. 16-8-9. - Enforcement. (a) The GMP official is authorized and empowered to administer and enforce this Chapter with authority to issue to any person in violation of any provision of this Chapter a notice of violation and order to correct. An appeal of such notice and order may be taken by filing with the Wastewater Director a written appeal specifying the grounds for appeal. Any such appeal must be filed within fourteen (14) days of service of the notice and order. Upon timely filing of an appeal, the GMP official shall transmit to the Wastewater Director all papers constituting the record upon which the action appealed was taken. The Wastewater Director shall fix a date and time for the hearing of the appeal, give ten (10) days' notice thereof to the parties in interest, and decide the same within a reasonable time. \[\] (b) It shall be unlawful and a class 1 municipal offense for any person: Class 1 municipal offense for any person to\[\] (1) To knowingly obstruct, hinder or interfere with any GMP official or other employee of the Wastewater Department acting under color of his or her official authority, in the discharge or apparent discharge of his or her duties, by means of physical force or violence, or by threats of imminent physical force or violence; Class 2 municipal offense for any person to\[\] (2) To fail to make, maintain or produce on demand any record required to be kept as required by this Chapter; or Class 2 municipal offense for any person to\[\] (3) To fail to install, repair, maintain, clean, or operate any grease interceptor or sand interceptor as required by this Chapter. \[\]Class 2 (c) It shall be unlawful and a class 1 municipal offense for any person served with a notice and order issued by the GMP official pursuant to Section 16-8-9(a) of this Chapter to fail to comply with the order within the time specified in the order. Failure to comply with an order of the GMP official as herein provided constitutes a separate and independent violation in addition to and not in substitution of any other violation of the provisions of this Chapter. It shall be an affirmative defense to a violation of this Subsection (c) that the order has been duly and timely appealed to the Wastewater Director, and the Wastewater Director has reversed or modified the order after notice and hearing. SECTION 55. Section 16-9-13 of the Pueblo Municipal Code is hereby amended to read as follows: Sec. 16-9-13. - Industrial user permits. (a) Permit Required. (1) All significant industrial users, all industrial users located in extraterritorial areas and districts, and all other industrial users as determined by EPA or the Director, which discharge into City's wastewater collection and treatment system, shall, prior to commencing any discharge, apply for and obtain an Industrial User Permit (IUP) from the City. Such industrial users which discharge to the City's system at the time of adoption of the ordinance enacting this Section shall make application for an IUP within ninety (90) days of the date of adoption of said ordinance, and shall obtain the IUP not later than one hundred eighty (180) days after adoption of said ordinance. \[\] 2 (2) It shall be unlawful and a Class 1 municipal offense for any industrial user who is required to obtain an IUP to discharge to the City's system unless the industrial user holds a valid and unexpired IUP. … SECTION 56. Section 16-9-15 of the Pueblo Municipal Code is hereby amended to read as follows: Sec. 16-9-15. - Unlawful conduct and criminal penalties. \[\] 2 (a) It shall be unlawful and a Class 1 municipal offense for any person to knowingly violate, disobey, omit, neglect, refuse or fail to comply with or resist the enforcement of any provision of this Chapter and, upon conviction therefor shall be punished as provided in Section 1-2-1 of this Code. Each day such violation shall continue shall be deemed a separate offense. (b) Any person who knowingly makes any false statements, representation or certification in any application, record, report, plan or other document filed or required to be maintained pursuant to this Chapter, or who falsifies, tampers with or knowingly renders inaccurate any monitoring device or method required under this Chapter, shall, upon conviction, \[ be punished by a fine of not more than one thousand dollars ($1,000.00) or by imprisonment for \] not more than one (1) year, or by both such fine and imprisonment. SECTION 57. Section 16-10-5 of the Pueblo Municipal Code is hereby amended to read as follows: Sec. 16-10-5. - Unlawful conduct. \[\] (a) It shall be unlawful and a Class 1 municipal offense for any person: Class 2 municipal offense for any person \[\]t (1) To operate or engage in the septic waste business without a valid permit; Class 2 municipal offense for any person \[\]t (2) To operate a septic waste business during a period when its business' permit is under suspension or has been revoked; Class 2 municipal offense for any person \[\]t (3) To receive, transport or discharge septic waste in an unsanitary manner; Class 2 municipal offense for any person \[\]t (4) To leak, spill or discharge septic waste other than to an authorized treatment facility or to the designated access point; Class 2 municipal offense for any person \[\]t (5) To introduce or cause to be introduced any hazardous wastes or wastes prohibited by Section 16-9-3 of this Title into sewer system; Class 2 municipal offense for any person \[\] (6) In conducting a septic waste business to fail to immediately take all reasonable and appropriate measures to contain and clean up any leakage or spill which may occur; Class 1 municipal offense for any person \[\]t (7) To knowingly obstruct, hinder or interfere with any employee of the Wastewater Department acting under color of his or her official authority, in the discharge or apparent discharge of his or her duties, by means of physical force or violence or by threats of imminent physical force or violence; or Class 2 municipal offense for any person \[\]t (8) To fail to make, maintain or submit manifest records to the City as required. (b) Any person convicted of any offense defined in this Section or elsewhere in this Chapter shall be punished as provided in Section 11-1-103 of this Code. SECTION 58. Section 17-4-52 of the Pueblo Municipal Code is hereby amended to read as follows: Sec. 17-4-52. - Outdoor lighting performance standards. The intent of these standards is to focus on the physical effects of outdoor lighting, as well as the effect lighting may have on the surrounding neighborhood in all zone districts. Exterior lighting shall be evaluated in the development review process to ensure that the functional and security needs of the project are met in a way that will not adversely affect the adjacent properties or the surrounding neighborhood. The degree to which exterior night lighting affects a property owner or neighborhood will be examined based upon the light source, level of illumination, hours of illumination and the need for illumination in relation to the effects of lighting on adjacent property owners and the neighborhood. … (5) Any person who installs or permits the installation of outdoor lights which do not \[\] 2 comply with the performance standards set forth in this Section shall be guilty of a Class 1 municipal offense and punished as provided in Section 1-2-1. SECTION 59. Section 17-7-3 of the Pueblo Municipal Code is hereby amended to read as follows: Sec. 17-7-3. - Violations and penalties. (a) Wherever by the provisions of this Title the performance of any act is required or the performance of any act is prohibited or wherever any regulation, dimension or limitation is imposed on the use or change of use of or upon any land or on the erection or alteration of any structure or the use or change of use of such structure or the uses within such structure, a failure to comply with the provisions of this Title shall constitute a violation of this Title. Every day on which a violation exists shall constitute a separate violation and a separate offense. (b) It shall be unlawful and shall be deemed a strict liability offense for any owner, lessee, occupant or agent of an owner, lessee or occupant to commit, participate in, assist in, maintain or allow or permit to exist, or to otherwise let happen a violation of this Title on the land or in the structure to which the owner, lessee, occupant or agent has legal or equitable title or right of possession. (c) Any person violating any provision of this Title shall be punished by a fine not \[ exceeding one thousand dollars ($1,000.00) or imprisonment for a term not exceeding one (1) \] year, or by both such fine and imprisonment. (d) In case any building or structure is erected, constructed, reconstructed, altered, repaired, converted or maintained or any building, structure or land is used in violation of any provision of this Title, the City or any proper person may institute any appropriate action or proceedings to prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use, to restrain, correct or abate such violation, to prevent the occupancy of the building, structure or land or to prevent any illegal act, conduct, business or use in or about such premises. The remedies herein provided are cumulative and the imposition of any penalty under Subsection (c) above shall not preclude the City or any proper person from instituting any appropriate action or proceeding to require compliance with the provisions of this Title and with administrative orders and determinations made hereunder. (e) It shall be unlawful and a municipal offense for any person served with an order issued by the Administrative Official pursuant to Section 17-5-1(b) to fail to comply with the order within the time specified in the order. Failure to comply with an order of the Administrative Official as herein provided constitutes a separate and independent violation in addition to and not in substitution of any other violation of the provisions of this Title. It shall be an affirmative defense to a violation of this Subsection (e) that the order has been duly and timely appealed to the Zoning Board of Appeals, and the Zoning Board of Appeals has reversed or modified the order after notice and hearing. (f) In addition to the penalties provided herein, any person convicted of violating Section 17-4-21, 17-4-27 or 17-4-28 of this Chapter shall be assessed a surcharge for each count of such conviction, to be known as the Keep Pueblo Beautiful Surcharge, in the amount of twenty- five dollars ($25). In the case of an unemancipated minor, the parents or guardians of the minor shall be jointly and severally liable for this surcharge and shall be ordered to pay the same. This surcharge may only be waived by the Court upon a bona fide finding that the defendant is indigent, or in the case of a minor, that the minor's parents or guardians are indigent. This surcharge shall be collected by the Municipal Court and paid into the City's general fund. SECTION 60. 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 implement the policies and procedures described herein. SECTION 61. This Ordinance shall become effective thirty (30) days following final passage and approval. INTRODUCED: February 12, 2018 BY: Ed Brown MEMBER OF CITY COUNCIL APPROVED: PRESIDENT OF CITY COUNCIL ATTESTED BY: ACTING CITY CLERK PASSED AND APPROVED: February 26, 2018 City Clerk’s Office Item # R-8 Background Paper for Proposed Ordinance COUNCIL MEETING DATE: February 12, 2018 TO: Christopher A. Nicoll and Members of City Council CC: Sam Azad, City Manager VIA: Brenda Armijo, Acting City Clerk FROM: Carla Sikes, Municipal Court Judge Trevor Gloss, Assistant City Attorney SUBJECT: AN ORDINANCE AMENDING THE PUEBLO MUNICIPAL CODE, REDEFINING AND AMENDING CLASSES OF OFFENSES AND PROVIDING PENALTIES FOR HABITUAL OFFENDERS SUMMARY: Attached for consideration is an amendment to the Pueblo Municipal Code redefining and amending classes of offenses under the Municipal Code, and providing for penalties for habitual offenders. PREVIOUS COUNCIL ACTION: There has been no previous City Council action with regards to this Ordinance. BACKGROUND: Currently, all violations of Municipal Code are Class 1 offenses unless otherwise specified. Class 1 offenses are punishable by a fine of up to $1,000, up to one year in jail, or a combination of both. Municipal Court rarely imposes jail for first or even second offenses of Municipal Code, regardless of the classification of the offense. Therefore, the proposed changes will more accurately reflect the Court’s current procedures and will also place the public on notice that repeat offenders will be subject to significantly harsher penalties. FINANCIAL IMPLICATIONS: None. BOARD/COMMISSION RECOMMENDATION: Not applicable to this Ordinance. STAKEHOLDER PROCESS: Not applicable to this Ordinance. ALTERNATIVES: If City Council does not approve this Ordinance, the Pueblo Municipal Code will not be amended to reflect the proposed changes. RECOMMENDATION: Not applicable to this Ordinance. Attachments: Proposed Ordinance