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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