HomeMy WebLinkAbout09827ORDINANCE NO. 9827
AN EMERGENCY ORDINANCE AMENDING CHAPTER 5
OF TITLE XI OF THE PUEBLO MUNICIPAL CODE TO
PROVIDE THAT EMERGENCY DECLARATIONS ISSUED
BY THE MAYOR UNDER THE PUEBLO MUNICIPAL CODE
SHALL HAVE THE SAME DURATION DATES AS
EMERGENCY DECLARATIONS ISSUED BY THE MAYOR
PURSUANT TO STATE STATUTE
WHEREAS, pursuant to the Colorado Disaster Emergency Act, C.R.S. 24-33.5-
701, et seq., on March 13, 2020, the Mayor entered an executive order declaring a local
disaster within the City of Pueblo, as a result of the COVID-19 pandemic (hereinafter
“State Law Declaration”); and
WHEREAS, on October 29, 2020, pursuant to authority granted him under Section
11-5-3 of the Pueblo Municipal Code, the Mayor signed a Declaration of Civil Emergency
(“Municipal Law Declaration’); and
WHEREAS, the duration of the State Law Declaration does not match the duration
of the Municipal Law Declaration. 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 5 of Title XI of the Pueblo Municipal Code, as amended, is hereby
amended to read as follows:
Sec. 11-5-6. Duration
The state of civil emergency declared by the Mayor under this section shall be equal
in length to the duration of the emergency declared by the Mayor and extended by
the City Council pursuant to the Colorado Disaster Emergency Act, C.R.S. 24-33.5-
701, et seq., as amended (“Act”), or if no such declaration of emergency is made
or extended under the Act, shall exist for a period of two (2) weeks, unless sooner
rescinded, and may be extended for an additional period of two (2) weeks.
SECTION 2.
The officers and staff of the City are authorized and directed to perform any and
all acts consistent with this Ordinance to effectuate the policies and procedures described
herein.
SECTION 3.
Savings Clause: The COVID-19 pandemic has been declared an emergency
disaster by the Mayor and the Governor of Colorado. The immediate enactment of this
Ordinance is necessary in order to preserve and protect the health, safety and welfare of
the residents of the City. Pursuant to Sec. 3-20 of the City Charter, 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 23, 2020.
Final adoption of Ordinance by City Council on November 23, 2020 .
President of City Council
Action by the Mayor:
☒ Approved on November 25, 2020 .
☐ 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
City Clerk’s Office Item # S-3
Background Paper for Proposed
Ordinance
COUNCIL MEETING DATE: November 23, 2020
TO: President Dennis E. Flores and Members of City Council
CC: Mayor Nicholas A. Gradisar
VIA: Brenda Armijo, City Clerk
FROM: Daniel C. Kogovsek, City Attorney
SUBJECT: AN EMERGENCY ORDINANCE AMENDING CHAPTER 5 OF TITLE XI OF THE
PUEBLO MUNICIPAL CODE TO PROVIDE THAT EMERGENCY
DECLARATIONS ISSUED BY THE MAYOR UNDER THE PUEBLO MUNICIPAL
CODE SHALL HAVE THE SAME DURATION DATES AS EMERGENCY
DECLARATIONS ISSUED BY THE MAYOR PURSUANT TO STATE STATUTE
SUMMARY:
Attached is a proposed Emergency Ordinance which amends Section 11-5-4 of the Pueblo
Municipal Code (“PMC”) to provide that the duration of emergencies declared by the Mayor
pursuant to the PMC shall match the duration of emergencies declared by the Mayor under state
law.
PREVIOUS COUNCIL ACTION:
See Background section below.
BACKGROUND:
The Mayor has signed two (2) emergency declarations in connection with the COVID-19
pandemic in the City of Pueblo. The first was issued under authority granted the Mayor under
state statues. The second was signed as authorized by the Pueblo Municipal Code. Unfortunately,
the duration dates of the emergency declarations do not match.
Colorado Revised Statutes
The Colorado Disaster Emergency Act, C.R.S. 24-33.5-701, et seq., grants authority to the Mayor
to declare a local disaster. On March 13, 2020, Mayor Gradisar entered an executive order
declaring a local disaster as a result of the COVID-19 pandemic (hereinafter “State Law
Declaration”).
On March 23, 2020, by Resolution No. 14387, the City Council extended the March 13, 2020
State Law Declaration signed by the Mayor regarding the COVID-19 pandemic.
Pueblo Municipal Code
On October 29, 2020, pursuant to authority granted him under PMC 11-5-3, the Mayor signed a
fourteen-day Declaration of Civil Emergency (“Municipal Law Declaration’). On that same date,
the Mayor also issued a fourteen-day City-wide curfew effective between the hours of 10:00 p.m.
and 5:00 a.m. On November 12, 2020, pursuant to authority granted him under PMC 11-5-6,
Mayor Gradisar extended the Municipal Law Declaration and the City-wide curfew by an additional
fourteen days.
The purpose of the attached Emergency Ordinance is to require the duration of the Municipal Law
Declaration to be the same as the State Law Declaration. This change will prevent confusion by
the public.
FINANCIAL IMPLICATIONS:
The enforcement of emergency declarations and curfews could cause the Pueblo Police
Department to incur additional personnel costs.
BOARD/COMMISSION RECOMMENDATION:
Not applicable to this Ordinance.
STAKEHOLDER PROCESS:
Not applicable to this Ordinance.
ALTERNATIVES:
The City Council could allow State Law Declarations of Emergency and Municipal Law
Declarations of Emergency to have different duration dates.
RECOMMENDATION:
Approve the Emergency Ordinance.
Attachments: Proposed Emergency Ordinance