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HomeMy WebLinkAbout10383ORDINANCE NO. 10383 AN ORDINANCE AMENDING CHAPTER 1 OF TITLE XI OF THE PUEBLO MUNICIPAL CODE TO UPDATE THE HARASSMENT PROVISIONS IN ACCORDANCE WITH RECENT SUPREME COURT RULINGS BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. Section 11-1-303 of the Pueblo Municipal Code is hereby amended to read as follows: Sec. 11-1-303. Harassment. (a) A person commits the offense of harassment if, with intent to \[harass\]intimidate, annoy or alarm another person, he or she: 1. In a public place directs obscene language or makes an obscene gesture to or at another person; 2. Follows a person in or about a public place; 3. Initiates communication with a person, anonymously or otherwise, by telephone, telephone network, data network, text message, instant message, computer, computing network or computer system, \[in a manner intended to harass or\] and intimidates, threatens bodily injury or property damage, or makes any comment, request, suggestion or proposal by telephone, telephone network, data network, text message, instant message, computer, computing network or computer system which is obscene; 4. Makes a telephone call or causes a telephone to ring repeatedly, whether or not a conversation ensues, with no purpose of legitimate conversation; 5. Makes repeated communications at inconvenient hours that invade the privacy of another and interfere in the use and enjoyment of another's home or private residence or other private property; 6. Repeatedly insults, taunts, challenges or communicates with another in a manner intended to cause a reasonable person to feel fear, intimidation or annoyance; or 7. Strikes, shoves, kicks, or otherwise touches a person or subjects him or her to physical contact. (b) As used in this Section, unless the context otherwise requires, obscene means a patently offensive description of ultimate sexual acts or solicitation to commit ultimate sexual acts, whether or not said ultimate sexual acts are normal or perverted, actual or simulated, including masturbation, cunnilingus, fellatio, anilingus or excretory functions. (c) Any act prohibited by Paragraph (a)(3) of this Section may be deemed to have occurred or to have been committed at the place at which the telephone call, electronic mail or other electronic communication was either made or received. Any acts prohibited by Paragraph (a)(4) of this Section may be deemed to have occurred or to have been committed at the place at which the telephone call was either made or received. (d) Harassment is a Class 1 municipal offense. SECTION 2. The officers and staff of the City are authorized to perform any and all acts consistent with this Ordinance and to implement the policies and procedures described therein. SECTION 3. This Ordinance shall become effective thirty (30) days after final action by the Mayor and City Council. Action by City Council: Introduced and initial adoption of Ordinance by City Council on January 23, 2023 . Final adoption of Ordinance by City Council on February 13, 2023 . President of City Council Action by the Mayor: ☒ Approved on February 15, 2023 . □ 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 Deputy City Clerk City Clerk's Office Item # R9 Background Paper for Proposed Ordinance COUNCIL MEETING DATE: January 23, 2023 TO: President Heather Graham and Members of City Council CC: Mayor Nicholas A. Gradisar VIA: Marisa Stoller, City Clerk FROM: Daniel C. Kogovsek, City Attorney SUBJECT: AN ORDINANCE AMENDING CHAPTER 1 OF TITLE XI OF THE PUEBLO MUNICIPAL CODE TO UPDATE THE HARASSMENT PROVISIONS IN ACCORDANCE WITH RECENT SUPREME COURT RULINGS SUMMARY: Attached for consideration is a text amendment to Chapter 1 of Title XI of the Pueblo Municipal Code, updating Section 11-1-303 – Harassment. PREVIOUS COUNCIL ACTION: Not applicable to this Ordinance. BACKGROUND: Pueblo Municipal Code Section 303 of Chapter 1, Title XI, contains language in subsection (a)(3) that parallels Colorado statute C.R.S. 18-9-111(1)(e). This language was found to be unconstitutionally vague by the Colorado Supreme Court and is therefore unenforceable. These provisions have not been amended since the Supreme Court’s most recent rulings and changes are needed to bring the provisions up to date with current law. This Ordinance makes those required changes. FINANCIAL IMPLICATIONS: There are no financial implications for the City. BOARD/COMMISSION RECOMMENDATION: Not applicable to this Ordinance. STAKEHOLDER PROCESS: Not applicable to this Ordinance. ALTERNATIVES: If the code is not amended in accordance with this Ordinance, the code provisions as they are may be found to conflict with current law. RECOMMENDATION: Staff recommends approval of this Ordinance. ATTACHMENTS: None