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City Clerk’s Office Item # R-16
Background Paper for Proposed
Ordinance
COUNCIL MEETING DATE: November 11, 2019
TO: President Dennis E. Flores and Members of City Council
CC: Mayor Nicholas A. Gradisar
VIA: Brenda Armijo, City Clerk
FROM: Kyle S. Aber, Assistant City Attorney
SUBJECT: AN ORDINANCE AMENDING THE PUEBLO MUNICIPAL CODE TO REFLECT
CHANGES TO SECTION 13-10-113 OF THE COLORADO REVISED
STATUTES, PROHIBITING MUNICIPAL COURTS FROM IMPOSING JAIL
SENTENCES IN EXCESS OF THREE HUNDRED SIXTY-FOUR (364) DAYS
SUMMARY:
Attached for consideration is a text amendment that will amend the Pueblo Municipal Code to
reflect changes made to the Section 13-10-113, C.R.S., which prohibits municipal courts from
imposing jail sentences in excess of 364 days.
PREVIOUS COUNCIL ACTION:
None.
BACKGROUND:
On March 28, 2019, the Governor signed House Bill 19-1148 into law. This Bill amended Section
13-10-113(1)(a) to decrease the maximum sentence of imprisonment that a municipal court can
impose from one (1) year to three hundred sixty-four (364) days. While it is incredibly rare that
the Pueblo Municipal Court imposes sentences in excess of three hundred sixty-four (364) days,
it is technically possible under several sections of the Pueblo Municipal Code. This ordinance
lowers the maximum sentence for various municipal offense from one (1) year to three hundred
sixty-four (364) days.
This ordinance also presented an opportunity to clean up the language in the municipal code.
Currently the municipal code lists the penalties for class one and class two municipal offenses in
multiple places. If this ordinance is adopted the Municipal Code will list the penalties for class one
and class two municipal offense once and define individual offenses as punishable as either a
class one or class two municipal offense without restating those definitions.
FINANCIAL IMPLICATIONS:
None.
BOARD/COMMISSION RECOMMENDATION:
None.
STAKEHOLDER PROCESS:
None.
ALTERNATIVES:
If City Council does not approve this Ordinance the Pueblo Municipal Code will not be amended,
and the Pueblo Municipal Code will be written in a way that allows a sentence to imprisonment
that is prohibited under state law.
RECOMMENDATION:
Not applicable to this Ordinance.
Attachments:
Proposed Ordinance
ORDINANCE NO. 9610
AN ORDINANCE AMENDING THE PUEBLO MUNICIPAL
CODE TO REFLECT CHANGES TO SECTION 13-10-113
OF THE COLORADO REVISED STATUTES, PROHIBITING
MUNICIPAL COURTS FROM IMPOSING JAIL SENTENCES
IN EXCESS OF THREE HUNDRED SIXTY-FOUR (364)
DAYS
WHEREAS, on March 28, 2019, the Governor of the State of Colorado signed
House Bill 19-1148, amending Section 13-10-113 of the Colorado Revised Statutes to,
among other things, prohibit Municipal Courts from imposing sentences to imprisonment
for more than three hundred sixty-four (364) days; and
WHEREAS, the above listed amendments to Section 13-10-113 of the Colorado
Revised Statues became effective August 2, 2019. NOW THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: (brackets indicate
matter being deleted, underscoring indicating 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.
. . .
(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
three hundred sixty-four (364) days
, 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.
. . .
(h) Every person convicted in the City of any municipal crime involving violence
against another person or animal, when within ten (10) 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.
. . .
SECTION 2.
Section 1-6-12 of the Pueblo Municipal Code is hereby amended to read as
follows:
Sec. 1-6-12. - Contempt of Court.
. . .
(c) Indirect Contempt.
. . .
(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
\[\]
three hundred
performance, but may not be held for a period longer than a year
sixty-four (364) days
. In addition thereto, to vindicate the dignity of the Municipal
Court, if the citation so states, a fine or imprisonment may be imposed.
. . .
SECTION 3.
Section 5-1-147 of the Pueblo Municipal Code is hereby amended to read as
follows:
Sec. 5-1-147. - Election violations.
. . .
(aa) Penalties. Any person found guilty of conduct declared by this Section to be
\[
as a Class 1 municipal offender
unlawful or a municipal offense shall be punishedby
a fine of not more than one thousand dollars ($1,000.00) or imprisonment for a period not
\]
to exceed one (1) year, or by both such fine and imprisonment, and shall be disqualified
from holding any office, position or employment with the City as provided in Section 17-
11 of the Charter.
SECTION 4.
Section 5-2-1 of the Pueblo Municipal Code is hereby amended to read as follows:
Sec. 5-2-1. - Compliance with fair campaign practices act required.
. . .
(c) It shall be unlawful and a Class 1 municipal offense for any person to violate
any provision of this Section or the Fair Campaign Practices Act with respect to any
election for any City office of the City, or with respect to any City initiative, referendum or
\[
other ballot issue, and, upon conviction thereof, such person shall be punished by a fine
not exceeding one thousand dollars ($1,000.00) or imprisonment for a term not exceeding
\]
one (1) year, or by both such fine and imprisonment.
. . .
SECTION 5.
Section 9-7-26 of the Pueblo Municipal Code is hereby amended to read as
follows:
Sec. 9-7-26. - Dealers in precious or semiprecious metals or stones.
. . .
\[\]
a Class 1 Municipal
(g) Unlawful Acts; Penalties. It shall be unlawful
\[
offense
for any person to violate any provision of this Section, and any person found
guilty of violating any of the provisions of this Section shall be punished by a fine of not
more than one thousand dollars ($1,000.00) or by imprisonment for not more than one
\]
(1) year, or by both such fine and imprisonment.
SECTION 6.
Section 11-1-103 of the Pueblo Municipal Code is hereby amended to read as
follows:
Sec. 11-1-103. - Penalties for violation.
. . .
(b) Throughout this Municipal Code, the punishment for violation of an offense
defined as a Class 1 municipal offense shall be a fine of not more than one thousand
\[\]
three hundred
dollars ($1,000.00) or imprisonment for not more than one (1) year
sixty-four (364) days
, 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
\[\]
three hundred sixty-four (364) days
in-home detention for not more than one (1) year.
. . .
(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
three hundred sixty-four (364) days
, 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.
. . .
SECTION 7.
Section 11-1-210 of the Pueblo Municipal Code is hereby amended to read as
follows:
Sec. 11-1-210. - Vehicles; nuisance; abatement; violation.
. . .
\[\]
Class 1
(g) Violation. It shall be unlawful and a municipal offense for any
\[\]\[
,,
person to fail to comply with a properly servedand final notice and order. Any person
convicted of violating this Section shall be punished by a fine not to exceed one thousand
dollars ($1,000.00) or by imprisonment not to exceed one (1) year, or by both such fine
\]
and imprisonment.
. . .
SECTION 8.
Section 11-1-610 of the Pueblo Municipal Code is hereby amended to read as
follows:
Sec. 11-1-610. - Prostitution and related offenses.
. . .
It shall be a Class 1 municipal offense for any person to violate any
(c)
\[
provision of this section.
Violation of this Section shall be a Class 1 Municipal Offense
punishable by a fine not exceeding one thousand dollars ($1,000.00), imprisonment for
\]
up to one year or by both such fine and imprisonment.
. . .
SECTION 9.
Sec. 11-4-20. - Penalties.
any violation of this chapter shall be a Class
(a) Unless otherwise specified,
\[
2 municipal offense.
the punishment for violation of an offense described in this
Chapter shall be a fine of not more than one thousand dollars ($1,000.00).
(b) The punishment for violation of an offense defined as a Class 1 municipal
offense shall be a fine of not more than one thousand dollars ($1,000.00) or imprisonment
for not more than one (1) year, or both such fine and imprisonment, provided that, if the
person found guilty of a violation of a Class 1 municipal offense was under eighteen (18)
years of age at the time of the offense, the court shall not impose a jail sentence.
(c) The punishment for violation of an offense defined as a Class 2 municipal
\]
offense shall be a fine of not more than one thousand dollars ($1,000.00).
\[\]
(b)In addition to any penalty imposed for a violation of this chapter,
(d)
\[\]
a
Any person found guilty of violating Section 11-4-14 of this Chapter shall pay all
expenses, including shelter, food, veterinary expenses for identification or certification of
the breed of the dog or boarding and veterinary expenses necessitated by the seizure of
any dog for the protection of the public, and such other expenses as may be required for
the destruction of any such dog.
\[\]
(c)
(e) In addition to the penalties provided herein, any person convicted of
violating Section 11-4-15, 11-4-22, 11-4-23, 11-4-24, 11-4-25, 11-4-27, 11-4-28, 11-4-31,
11-4-32, 11-4-33, 11-4-43, 11-4-47 or 11-4-48 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 10.
Section 11-10-704 of the Pueblo Municipal Code is hereby amended to read as
follows:
Sec. 11-10-704. - Penalties.
\[
It shall be a Class 1 municipal offense for any person to violate
Any person
\]\[\]\[\]\[\]
who violates any provision of this Chapter or fails, neglects or refuses to perform
\[
any act required under this Chapter shall, upon conviction therefor, be punished by a
fine of not more than one thousand dollars ($1,000.00) or imprisonment for not more than
\]
one (1) year, or both such fine and imprisonment.
SECTION 11.
Section 11-11-603 of the Pueblo Municipal Code is hereby amended to read as
follows:
Sec. 11-11-603. - Penalties.
\[
It shall be a Class 1 municipal offense for any person to violate
Any person
\]\[\]\[\]\[\]
who violates any provision of this Chapter or fails, neglects or refuses to perform
\[
any act required under this Chapter shall, upon conviction thereof, be guilty of a Class 1
municipal offense and shall be punished by a fine of not more than one thousand dollars
($1,000.00) or imprisonment for not more than one (1) year, or both such fine and
\]
imprisonment.
SECTION 12.
Section 14-11-11 of the Pueblo Municipal Code is hereby amended to read as
follows:
Sec. 14-11-11. - Criminal penalties for violation.
\[
It shall be a Class 1 municipal offense for any person to violate
Any person
\]\[
who violates any provision of this Chapter shall, upon conviction, be punished by a fine
not exceeding one thousand dollars ($1,000.00) or imprisonment not exceeding one (1)
\]
. Any criminal penalty for violation of
year, or by both such fine and imprisonment,
any provision of this chapter shall be
in addition to any civil penalty provided herein.
SECTION 13.
Section 14-12-7 of the Pueblo Municipal Code is hereby amended to read as
follows:
Sec. 14-12-7. - Criminal penalties for violation.
. . .
\[
It shall be a Class 1 municipal offense for any person to violate
(e) Any
\]\[
person who violates any provision of this Chapter shall, upon conviction, be punished
by a fine not exceeding one thousand dollars ($1,000.00) or imprisonment not exceeding
\]
. Any criminal penalty for violation
one (1) year, or by both such fine and imprisonment,
of the provisions of this chapter shall be
in addition to any civil remedies or penalties
which may otherwise be applicable.
SECTION 14.
Section 15-1-6 of the Pueblo Municipal Code is hereby amended to read as
follows:
Sec. 15-1-6. - Penalties for violations of this Chapter.
The following penalties shall apply to a violation of any of the provisions of the Model
Traffic Code herein adopted and to the provisions of this Chapter:
. . .
(2) Notwithstanding any other provision in this Chapter and the Model Traffic
Code, every offense under the Model Traffic Code, as adopted by the City of Pueblo, shall
constitute a civil traffic infraction punishable by a civil penalty only, not to exceed one
thousand dollars ($1,000), except for the following offenses, which shall constitute
municipal offenses subject to a civil penalty of not more than one thousand dollars
\[\]
three hundred sixty-four (364)
($1,000), or imprisonment not to exceed one (1) year
days
, or both:
. . .
SECTION 15.
Section 17-11-8 of the Pueblo Municipal Code is hereby amended to read as
follows:
Sec. 17-11-8. - Violations and penalties.
. . .
\[
It shall be a Class 1 municipal offense for any person to violate
(b) Any
\]\[
person violating any provision of this Chapter shall be punished by a fine of not more
than one thousand dollars ($1,000.00) or imprisonment for a term not exceeding one (1)
\]
year, or by both such fine and imprisonment.
SECTION 16.
The officers and staff of the City are authorized and directed to perform any and
all acts consistent with the intent of this Ordinance to effectuate the policies and
procedures described herein.
SECTION 17.
This Ordinance shall become effective on the date of final action by the Mayor and
City Council.
Action by City Council:
Introduced and initial adoption of Ordinance by City Council on November 11, 2019.
Final adoption of Ordinance by City Council on November 25, 2019 .
President of City Council
Action by the Mayor:
☒
Approved on November 27, 2019 .
□
Disapproved on based on the following objections:
Mayor
Action by City Council After Disapproval by the Mayor:
☐
Council did not act to override the Mayor's veto.
☐
Ordinance re-adopted on a vote of , on
☐
Council action on __________________failed to override the Mayor’s veto.
President of City Council
ATTEST
City Clerk