HomeMy WebLinkAbout10645ORDINANCE NO.10645
AN ORDINANCE FOR SAFE USE OF PUBLIC PROPERTY TO
LIMIT PUBLIC CAMPING AND PROHIBIT TEMPORARY
STRUCTURES ON PUBLIC PROPERTY WITHIN THE CITY OF
PUEBLO, COLORADO
WHEREAS, the City Council of the City of Pueblo, Colorado (“Council”) is authorized to
enact this ordinance pursuant to Section 3-5 of the Pueblo Municipal Charter and C.R.S. § 31-
15-401; and
WHEREAS, City Council finds that the purpose of and the intent of this ordinance is to
ensure the safe use of public property, to protect those lawfully using public property, preserve
public property, promote the safe and lawful use of public property, and promote the public
health, safety, and welfare of the citizens, including the residents of the City of Pueblo; NOW,
THEREFORE;
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
Section 11-1-211 is hereby added to Article II of Chapter 1 of Title XI of the Pueblo Municipal
Code as follows:(brackets indicate matter being deleted, underscoring indicates new matter being
added)
Sec. 11-1-211. Prohibited Use of Public Property.
(a) No person shall camp on City Property w ithout first having obtained the
written permission of the authorized officer of such public property.
(1) A person cannot violate this section where there is no access to other
shelter available. Refusal to accept or move to other available shelter, where other shelter is
accessible is a per se violation of this Section.
(2) For purposes of section, “City Property” means all land, including, any
park, parkway, recreation area, roadway, open space, or any other public property owned by the
City of Pueblo.
(3) For purposes of section, “Camp” means to reside or dwell temporarily
in a place, with shelter, and conduct activities of daily living, such as eating or sleeping, in such
place. Camp does not include temporary residence associated with the performance of
governmental services.
(4) For purposes of section, “Shelter” includes, without limitation, any
cover or protection from the elements other than clothing.
(5) For purposes of section, “Written Permission” includes a documented
reservation, permit, park pass, or contract.
(6) Failure to provide written permission upon request by an authorized
party, including all law enforcement personnel shall be treated as an admission appropriate
permission was not obtained.
(b) No person shall erect or use any tent, net, or other temporary
structure for the purpose of shelter or storage of property on City Property without first having
obtained the Written Permission of the authorized officer of such public property.
(7) For purposes of this section, “Temporary Structure” includes any
structure used to shelter a person or property after sundown and all enclosed structures. For
purposes of this section, temporary structure does not apply to non-enclosed portable structures
designed to provide overhead covering, including umbrellas and awnings.
(8) Failure to provide written permission upon request by an authorized
party, including all law enforcement is an admission appropriate permission was not obtained.
SECTION 2.
Section 11-1-212 is hereby added to Article II of Chapter 1 of Title XI of the Pueblo
Municipal Code as follows:(brackets indicate matter being deleted, underscoring indicates new
matter being added)
Sec. 11-1-212. Violation and Enforcement.
(a) the Pueblo Police Department shall be responsible for
enforcement of Section 11-1-211.
(b) Any person who violates Section 11-1-211 shall be subject to the
penalties outlined in Section 11-1-103 of this Title.
SECTION 3.
The officers and staff of the City are authorized to perform any and all acts consistent
with the intent of the Ordinance to implement the policies and procedures described herein.
SECTION 4.
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 January 22, 2024.
Final adoption of Ordinance by City Council on February 12, 2024.
APPROVED:
PRESIDENT OF CITY COUNCIL
Action by the Mayor:
☒ Approved on February 16, 2024 .
□ 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 # R9
Background Paper for Proposed
Ordinance
COUNCIL MEETING DATE: February 12, 2024
TO: President Mark Aliff and Members of City Council
CC: Mayor Heather Graham
VIA: Marisa Stoller, City Clerk
FROM: George Hypolite, City Attorney
SUBJECT: AN ORDINANCE FOR SAFE USE OF PUBLIC PROPERTY TO LIMIT
PUBLIC CAMPING AND PROHIBIT TEMPORARY STRUCTURES ON
PUBLIC PROPERTY WITHIN THE CITY OF PUEBLO, COLORADO
SUMMARY:
The following ordinance limits public camping and prohibits the use of temporary
structures for housing on public property within the City of Pueblo.
PREVIOUS COUNCIL ACTION:
On or about April 26, 1982, the Pueblo City Council approved Ordinance Number 4964,
which made it unlawful for any person to erect any booth tent or other structure in any
park by any private person for any purpose, except by written permission.
BACKGROUND:
This ordinance applies to all encampments located on public property where camping is
not expressly authorized by the City. This ordinance establishes laws and penalties set
forth to prevent health and safety hazards brought on by hazardous wastes such as
trash and human feces from its occupants. The city must be entrusted to protect the
environment of city land and real estate owned by the people. Occupants of the illegal
camps will have the option to move into sheltered bed space or face a fine up to
$1,000.
FINANCIAL IMPLICATIONS:
Fine revenue from this ordinance will be included within the City’s general fund.
BOARD/COMMISSION RECOMMENDATION:
Not applicable to this Ordinance.
STAKEHOLDER PROCESS:
Not applicable to this Ordinance.
ALTERNATIVES:
If the City Council chooses not to approve this ordinance, camping in public parks will
still be unlawful under the municipal code.
RECOMMENDATION:
Councilor Regina Maestri recommends passage of this Ordinance.
ATTACHMENTS:
None