HomeMy WebLinkAbout10399ORDINANCE NO. 10399
AN ORDINANCE AMENDING SECTION 7-3-6 OF ARTICLE I OF
CHAPTER 3 OF TITLE VII OF THE PUEBLO MUNICIPAL CODE
RELATING TO ILLEGAL DUMPING AND PROVIDING FOR A
MANDATORY FINE OF ONE THOUSAND DOLLARS ($1,000)
FOR VIOLATIONS THEREOF
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
Section 7-3-6 of Article 1 of Chapter 3 of Title VII of the Pueblo Municipal Code is hereby
amended to read as follows:
Sec. 7-3-6 – Disposal at designated facilities.
a. All rubbish, trash, litter and garbage shall be disposed of only by delivery to duly
designated solid waste disposal facilities or qualified recycling facilities. It shall be unlawful and
a Class 1 municipal offense for any person to dump, deliver or dispose of rubbish, trash, litter
and garbage anywhere within the City except at a duly designated solid waste disposal facility
or qualified recycling facilities. If any rubbish, trash, litter or garbage is disposed of other than in
compliance with this Chapter, and the ownership of the rubbish, trash, litter or garbage can be
ascertained from the contents thereof, the owner so ascertained may be prosecuted for such
unlawful dumping, delivery or disposal of the rubbish, trash, litter or garbage. Upon conviction
for a violation of this subsection, the Court shall impose a mandatory fine of One
Thousand Dollars ($1,000.00), notwithstanding or in limitation of any other penalty which
may be imposed.
b. Containers which are provided in any public place or facility for the disposal of litter are
provided only for the purpose of disposal of litter and trash produced or generated upon or
within said public place or facility or by activities lawfully conducted therein. It shall be unlawful
and a Class 2 municipal offense for any person to deposit or dispose of litter which is produced
or generated off the site of any public place or facility in any containers provided in any public
place or facility for the disposal of litter.
c. It shall be unlawful and a Class 2 municipal offense for any person to dispose of litter in
any container maintained by another person for disposal of litter unless the person has been
granted permission to so use said container or unless the person is a business invitee of the
person maintaining the container and is disposing of litter generated on the premises where the
container is located.
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 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 February 13, 2023 .
Final adoption of Ordinance by City Council on February 27, 2023 .
President of City Council
Action by the Mayor:
☒ Approved on February 28, 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 # R15
Background Paper for Proposed
Ordinance
February 13, 2023
COUNCIL MEETING DATE:
TO: President Heather Graham and Members of City Council
CC: Mayor Nicholas A. Gradisar
VIA: Marisa Stoller, City Clerk
FROM: Nicholas Gradisar, Mayor
SUBJECT: AN ORDINANCE AMENDING SECTION 7-3-6 OF ARTICLE I OF
CHAPTER 3 OF TITLE VII OF THE PUEBLO MUNICIPAL CODE
RELATING TO ILLEGAL DUMPING AND PROVIDING FOR A
MANDATORY FINE OF ONE THOUSAND DOLLARS ($1,000) FOR
VIOLATIONS THEREOF
SUMMARY:
Attached for consideration is an Ordinance amending Section 7-3-6 of the Pueblo
Municipal Code to provide for a mandatory fine of One Thousand Dollars ($1,000) upon
conviction for illegal dumping.
PREVIOUS COUNCIL ACTION:
Not applicable to this Ordinance.
BACKGROUND:
The illegal dumping of rubbish, trash, litter, and garbage is potentially hazardous to the
health and welfare of the public. Illegal dumping also creates a blight upon the affected
property and is contrary to the efforts of the City of Pueblo to provide a safer, cleaner
environment.
Section 7-3-6(a) of the Pueblo Municipal Code currently requires that all rubbish, trash,
litter, and garbage be disposed of by delivery to a properly designated solid waste
disposal facility or a qualified recycling facility. Currently, if a person fails to comply with
this statute, it is deemed a Class 1 municipal offense, which is punishable by a fine of
up to One Thousand Dollars ($1,000). The attached Ordinance mandates a One
Thousand Dollar ($1,000) fine as part of any sentence imposed.
FINANCIAL IMPLICATIONS:
The financial implications of this Ordinance are currently unknown.
BOARD/COMMISSION RECOMMENDATION:
Not Applicable to this Ordinance.
STAKEHOLDER PROCESS:
Not Applicable to this Ordinance.
ALTERNATIVES:
The City Council could decide not to impose a mandatory $1,000 fine for illegal
dumping.
RECOMMENDATION:
Approve the Ordinance.
ATTACHMENTS:
None