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HomeMy WebLinkAbout09910ORDINANCE NO. 9910 AN ORDINANCE AMENDING TITLE XI, CHAPTER 6 OF THE PUEBLO MUNICIPAL CODE BY THE ADDITION OF A NEW SECTION 11-1-611 TO ADDRESS OPERATIONAL AND PUBLIC SAFETY CONCERNS ON THE HISTORIC ARKANSAS RIVERWALK OF PUEBLO BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: (brackets indicate matter being deleted, underscoring indicating matter being added) SECTION 1. Section 11-1-611 of Chapter 1 of Title XI of the Pueblo Municipal Code is hereby added to read as follows: Sec. 11-1-611. – Unlawful acts on the Historic Arkansas Riverwalk of Pueblo. (a) It shall be unlawful for any person while in or upon a public area of the Historic Arkansas Riverwalk of Pueblo (“HARP”) to engage in any activity prejudicial to the good order and operation or public safety of HARP. Such unlawful activities shall include, but not be limited to, the following: (1) Erecting any booth, stall, stand, kiosk, box, cubicle, hut, enclosure, cover, awning tent, or canopy or other similar structures for any purpose, except by written permission of the Director of the HARP Authority (“Director”). (2) Entering any building, enclosure, or place upon which the words "No Admittance" or similar sign is posted, unless such person is an employee of the HARP Authority or the City of Pueblo and such access is required for the performance of the employee’s duties. (3) Erecting hammocks or moving benches or picnic tables, except by written permission of the Director. (b) No person shall be convicted of a violation under this Section unless the offender shall be given an opportunity to correct the prejudicial activity and shall fail or refuse to do so. (c) It shall be a Class 2 municipal offense for any person to violate any provision of this Section. SECTION 2. The officers and staff of the City are authorized 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 after 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 March 22, 2021 . Final adoption of Ordinance by City Council on April 12, 2021 . President of City Council Action by the Mayor: ☒ Approved on April 15, 2021 . □ 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 Acting City Clerk City Clerk’s Office Item # R-8 Background Paper for Proposed Ordinance COUNCIL MEETING DATE: March 22, 2021 TO: President Lawrence W. Atencio and Members of City Council CC: Mayor Nicholas A. Gradisar VIA: Belinda Kimball, Acting City Clerk FROM: Daniel C. Kogovsek, City Attorney SUBJECT: AN ORDINANCE AMENDING TITLE XI, CHAPTER 6 OF THE PUEBLO MUNICIPAL CODE BY THE ADDITION OF A NEW SECTION 11-1-611 TO ADDRESS OPERATIONAL AND PUBLIC SAFETY CONCERNS ON THE HISTORIC ARKANSAS RIVERWALK OF PUEBLO SUMMARY: Attached for consideration is an Ordinance adding Section 11-1-611 to the Pueblo Municipal Code to address operational and public safety concerns on the Historic Arkansas Riverwalk of Pueblo (“HARP”). PREVIOUS COUNCIL ACTION: The Amended and Restated Historic Arkansas Riverwalk of Pueblo Authority Intergovernmental Agreement dated May 19, 2008 was created to update and restate the original 1997 intergovernmental agreement pursuant to which the HARP Authority (“Authority”) was created as an independent governmental entity to promote, manage, supervise, operate, develop, and maintain the HARP project. The HARP Authority is generally responsible for the management and security of the HARP area, but the Riverwalk is also within the jurisdiction of the City’s police regulations. BACKGROUND: The Authority has requested that the City amend the Pueblo Municipal Code to address certain operational and public safety concerns in the HARP area. FINANCIAL IMPLICATIONS: Not applicable to this Ordinance. BOARD/COMMISSION RECOMMENDATION: Not applicable to this Ordinance. STAKEHOLDER PROCESS: The attached proposed Ordinance was prepared in collaboration with the HARP Authority’s staff. ALTERNATIVES: If City Council does not approve this Ordinance, the Pueblo Municipal Code will not be amended to address the HARP Authority’s concerns. RECOMMENDATION: The governing Board of the HARP Authority recommends adoption of this Ordinance. Attachments: Proposed Ordinance