HomeMy WebLinkAbout09248
City Clerk’s Office Item # R-2
Background Paper for Proposed
Ordinance
COUNCIL MEETING DATE: March 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 TO CONDENSE
TERMS AND REDUCE REDUNDANCY IN CHAPTER 8 OF TITLE IV
SUMMARY:
Attached for consideration is an amendment to the Pueblo Municipal Code condensing the terms
of Chapter 8 of Title IV.
PREVIOUS COUNCIL ACTION:
There has been no previous City Council action with regards to this Ordinance.
BACKGROUND:
Currently, sections 4-8-8 and 4-8-9 of the Pueblo Municipal Code contain the same language as
to offenses and penalties. This ordinance combines the language of the two to reduce superfluous
language and to simplify the citation process.
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:
Approve the Ordinance.
Attachments:
Proposed Ordinance
ORDINANCE NO. 9248
AN ORDINANCE AMENDING THE PUEBLO MUNICIPAL
CODE TO CONDENSE TERMS AND REDUCE
REDUNDANCY IN CHAPTER 8 OF TITLE IV
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.
Chapter 8 of Title IV of the Pueblo Municipal Code is hereby amended to read as
follows:
Sec. 4-8-8. – Offenses, penalties and surcharge.
(a) It shall be unlawful and a Class 1 municipal offense for any person to violate,
disobey, omit, neglect, refuse, fail to comply with, or resist the enforcement of any
provision of this Chapter or of the I.P.M.C. as adopted and amended by this Chapter.
(b) It shall be unlawful and a Class 1 municipal offense for any person to fail,
neglect or refuse to promptly comply with any order issued by the Code Official pursuant
to this Chapter or the I.P.M.C.
(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 I.P.M.C.
(d) It shall be unlawful and a Class 1 municipal offense for any person to fail,
neglect or refuse to promptly comply with any search warrant, injunction or other court
order issued by any court of competent jurisdiction to enforce any provision of this Chapter
or the I.P.M.C.
(e) Each day that such offense exists or continues shall constitute a separate
count of such offense.
(f) 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.
\[
Sec. 4-8-9. – Reserved Penalties and surcharge.
(a) Any person who violates, disobeys, omits, neglects, refuses, fails to comply
with or resists the enforcement of any provision of this Chapter or of the 2009 I.P.M.C. as
adopted, and amended by this Chapter, shall be punished by a fine of not more than one
thousand dollars ($1,000.00).
(b) In addition to the penalties provided herein, any person convicted of
violating any provision of this Chapter or the I.P.M.C. as adopted and amended by this
Chapter, shall be assessed a surcharge for each count of such conviction, to be known
as the Keep Pueblo Beautiful Surcharge, in the amount of twenty-five dollars ($25). In the
case of an unemancipated minor, the parents or guardians of the minor shall be jointly
and severally liable for this surcharge and shall be ordered to pay the same. This
surcharge may only be waived by the Court upon a bona fide finding that the Defendant
is indigent, or in the case of a minor, that the minor's parents or guardians are indigent.
This surcharge shall be collected by the Municipal Court and paid into the City's general
\]
fund.
SECTION 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 implement the policies and
procedures described herein.
SECTION 3.
This Ordinance shall become effective thirty (30) days following final passage and
approval.
INTRODUCED March 12, 2018
BY: Ed Brown
MEMBER OF CITY COUNCIL
APPROVED:
PRESIDENT OF CITY COUNCIL
ATTESTED BY:
ACTING CITY CLERK
PASSED AND APPROVED: March 26, 2018