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ORDINANCE NO. 10058
AN ORDINANCE AUTHORIZING THE MAYOR TO
DECLARE TEMPORARY HOUSING AND SHELTER
EMERGENCIES, AS NECESSARY, FOR HOMELESS
RESIDENTS OF THE CITY OF PUEBLO, WHEN
TEMPERATURES REACH DANGEROUS LEVELS
BETWEEN DECEMBER 1ST AND MARCH 31ST OF EACH
YEAR AND FURTHER AUTHORIZING CHURCHES,
SYNAGOGUES, MOSQUES, TEMPLES AND OTHER
RELIGIOUS INSTITUTIONS TO OPERATE OVERNIGHT
WARMING SHELTERS DURING SUCH EMERGENCIES
AND SUSPENDING ORDINANCES AND REGULATIONS
OF THE CITY IN CONFLICT THEREWITH
WHEREAS, extreme cold temperatures pose significant dangers to the health of
the City’s homeless persons; and
WHEREAS, appropriate warming shelters are necessary to protect their health
against freezing temperatures when they are outdoors at night;. NOW, THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
st
The Mayor, when temperatures reach dangerous levels between December 1
st
and March 31 of each year, is hereby authorized to declare temporary housing and
shelter emergencies for the City’s homeless residents.
SECTION 2.
During such temporary emergencies, buildings utilized by the City’s churches,
synagogues, mosques, temples and other religious institutions (hereinafter “Religious
Groups”) may be used as temporary warming shelters for the City’s homeless population.
SECTION 3.
During such temporary emergencies, Overnight Warming Shelters utilized by the
Religious Groups shall be considered to have an A-3 use and occupancy classification.
This use and occupancy classification is intended to incorporate those classifications
contained in the International Fire Code and International Building Code, as previously
adopted by the City.
SECTION 4.
During such temporary emergencies, any ordinances and regulations of the City
which conflict with the use of buildings utilized by the Religious Groups as overnight
warming shelters, shall be and hereby are suspended. This temporary suspension shall
apply, without limitation, to land use, zoning, public health and other City ordinances and
regulations which would otherwise be applicable.
SECTION 5.
Local churches, synagogues, mosques, temples and other religious institutions
using their buildings as overnight warming shelters shall notify the City’s Fire Department
of such usage within three (3) business days following the first day of such usage.
SECTION 6.
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 7.
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 8, 2021.
Final adoption of Ordinance by City Council on November 22, 2021 .
President of City Council
Action by the Mayor:
☒ Approved on November 24, 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
City Clerk
City Clerk’s Office Item # S-12
Background Paper for Proposed
Ordinance
COUNCIL MEETING DATE: November 8, 2021
TO: President Lawrence W. Atencio and Members of City Council
VIA: Marisa Stoller, City Clerk
CC: Mayor Nicholas A. Gradisar
FROM: Daniel C. Kogovsek, City Attorney
SUBJECT: AN ORDINANCE AUTHORIZING THE MAYOR TO DECLARE TEMPORARY
HOUSING AND SHELTER EMERGENCIES, AS NECESSARY, FOR HOMELESS
RESIDENTS OF THE CITY OF PUEBLO, WHEN TEMPERATURES REACH
DANGEROUS LEVELS BETWEEN DECEMBER 1ST AND MARCH 31ST OF
EACH YEAR AND FURTHER AUTHORIZING CHURCHES, SYNAGOGUES,
MOSQUES, TEMPLES AND OTHER RELIGIOUS INSTITUTIONS TO OPERATE
OVERNIGHT WARMING SHELTERS DURING SUCH EMERGENCIES AND
SUSPENDING ORDINANCES AND REGULATIONS OF THE CITY IN CONFLICT
THEREWITH
SUMMARY:
Attached is a proposed Ordinance which authorizes the Mayor, when temperatures reach
stst
dangerous levels between December 1 and March 31 of each year, to declare temporary
housing and shelter emergencies for the City’s homeless residents and also allows buildings
utilized by the City’s churches, synagogues, mosques, temples and other religious institutions to
be used as temporary warming shelters for the City’s homeless population during such temporary
emergencies. The City’s Zoning and Building Code ordinances and regulations in conflict with
such use will be temporarily suspended during such temporary emergencies.
PREVIOUS COUNCIL ACTION:
City Council approved similar ordinances, Ordinance No. 9384 on November 26, 2018 and
Ordinance No. 9592 on November 11, 2019.
BACKGROUND:
Extreme cold night temperatures pose significant dangers to the health of the City’s homeless
persons. Temporary overnight warming shelters will be needed during the upcoming cold weather
season for the City’s unhoused residents.
FINANCIAL IMPLICATIONS:
Adoption of this Ordinance will not cause any direct financial impacts to the City.
BOARD/COMMISSION RECOMMENDATION:
Not applicable to this Ordinance.
STAKEHOLDER PROCESS:
Not applicable to this Ordinance.
ALTERNATIVES:
City Council could decide not to approve the attached Ordinance.
RECOMMENDATION:
Approve the Ordinance.
Attachments:
Proposed Ordinance