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City Clerkâs Office Item # R-4
Background Paper for Proposed
Ordinance
COUNCIL MEETING DATE: August 27, 2018
TO: President Christopher A. Nicoll and Members of City Council
CC: Sam Azad, City Manager
VIA: Brenda Armijo, Acting City Clerk
FROM: Trevor Gloss, Assistant City Attorney
SUBJECT: AN ORDINANCE AMENDING THE HOTEL REGISTRATION BOOK
REQUIREMENT OF THE PUEBLO MUNICIPAL CODE TO COMPLY WITH
FEDERAL CONSTITUTIONAL REQUIREMENTS
SUMMARY:
Attached for consideration is an amendment to the Pueblo Municipal Code, updating the hotel
registration book requirement to comply with a U.S. Supreme Court decision.
PREVIOUS COUNCIL ACTION:
Section 9-5-4 of the Pueblo Municipal Code has not been amended since it was enacted in 1957.
BACKGROUND:
Section 9-5-4 of the Pueblo Municipal Code requires hotels to keep a detailed record of visitors
to the establishment and to allow inspection by law enforcement at any time. A U.S. Supreme
that
Court case, City of Los Angeles, California v. Patel, 135 S.Ct. 2443 (2015), statesrequiring
the inspection of such books without a warrant, consent, exigent circumstances, or opportunity
for pre-compliance review is a violation of the Fourth Amendment of the U.S. Constitution.
Enforcing the code as written without one of these things would result in a Fourth Amendment
violation and any subsequent criminal case being dismissed. To comply with the Court decision,
the amendment to the code will remove the mandatory inspection provision. Law enforcement will
still have access to the records with the consent of the hotel, a warrant, or exigent circumstances.
FINANCIAL IMPLICATIONS:
In the Patel decision, the U.S. Supreme ruled that that a municipal code provision similar to P.M.C.
Section 9-5-4 is unconstitutional on its face. Thus, the City of Pueblo is at risk for a lawsuit under
42 U.S.C. Section 1983 and the concomitant recovery of attorney fees from the City under 42
U.S.C. Section 1988.
BOARD/COMMISSION RECOMMENDATION:
Not applicable.
STAKEHOLDER PROCESS:
Not applicable.
ALTERNATIVES:
If City Council does not approve this Ordinance, the City of Pueblo will be at risk for litigation and
the payment of attorney fees.
RECOMMENDATION:
The Law Department recommends adoption of this ordinance.
Attachments:
Proposed Amended Ordinance
ORDINANCE NO. 9342
AN ORDINANCE AMENDING THE HOTEL REGISTRATION
BOOK REQUIREMENT OF THE PUEBLO MUNICIPAL CODE TO
COMPLY WITH FEDERAL CONSTITUTIONAL REQUIREMENTS
WHEREAS, City Council is committed to full compliance with the U.S. Constitution; 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 9-5-4 of the Pueblo Municipal Code is hereby amended to read as follows:
Sec. 9-5-4. - Registration book required; contents; inspection; exceptions.
It shall be the duty of every person keeping a hotel, rooming house, lodging houses or
boarding and rooming house, either as principal or by an agent, within the City, to keep at the
place where such business is carried on a record or register of the name, address, date of arrival,
date of departure and number or other description of the room occupied, of all roomers, lodgers,
transients and other persons rooming, lodging or boarding and rooming at such hotel, rooming
house, lodging houses or boarding and rooming house; such record shall be kept legible and
\[\]
maintained
shall be open to inspection by any law enforcement officer at all hours. The
provisions of this Section shall not apply to private residents keeping permanent roomers.
SECTION 2.
The officers and staff of the City are authorized and directed to perform any and all acts
consistent with 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 August 27, 2018
BY: Ed Brown
MEMBER OF CITY COUNCIL
APPROVED:
PRESIDENT OF CITY COUNCIL
ATTESTED BY:
ACTING DEPUTY CITY CLERK
PASSED AND APPROVED: September 10, 2018