HomeMy WebLinkAbout10698ORDINANCE NO. 10698
AN ORDINANCE OF THE CITY OF PUEBLO AMENDING TITLE
XI, CHAPTER 1, SECTION 405 OF THE PUEBLO MUNICIPAL
CODE PROHIBITING THE ESTABLISHMENT, OPERATION,
USE, OR PARTICIPATION IN SYRINGE EXCHANGE OR
DISTRIBUTION PROGRAMS WITHIN THE CITY OF PUEBLO
AND PROVIDING PENALTIES THEREFOR
WHEREAS, Title 25, Article 1, Section 520, C.R.S., allows a county board of health to
a county public health agency to provide intravenous drug users hypodermic needles or
syringes, collect used hypodermic needles or syringes, and develop education programs to
encourage the disclosure of the possession of hypodermic needles or syringes to first
responders; and
WHEREAS, Title 25, Article 1, Section 520, C.R.S., allows any nonprofit organization
with experience operating a Needle Exchange or health facilities certified by the state to operate
a Needle Exchange without local approval; and
WHEREAS, the improper exchange and disposal of used hypodermic needles and
syringes results in dirty hypodermic needles being discarded in the public rights of way and
facilities, presenting a threat to the health, property, safety, and welfare of the public in the City
of Pueblo; and
WHEREAS, Needle Exchanges near public facilities, schools, parks, and playgrounds
have an especially negative effect due to the resulting improper disposal of dirty hypodermic
needles and syringes as well as the congregation of intravenous drug users near public
facilities, schools, parks, and playgrounds; and
WHEREAS, the operation of Needle Exchanges increases the risk of overdose and
death by facilitating the use of deadly and dangerous synthetic opioids which are difficult to
detect by drug users leading to the unknowing use of drugs containing fentanyl; and
WHEREAS, the City of Pueblo is experiencing an increase in the number of syringes
and other drug paraphernalia found in its public places, specifically in the City Park, Mineral
Palace Park, and the Pueblo River Trail System, all of which are located within the City of
Pueblo; and
WHEREAS, pursuant to the City of Pueblo's Home Rule power, as granted broadly
under Article XX, Section 6 of the Colorado Constitution, the City is authorized to impose,
enforce, and collect fines and penalties for the violation of any of the provisions of the charter, or
of any ordinance adopted in pursuance of the charter; and
City Council to adopt
ordinances, resolutions, or other legislation conducive to the welfare of the people of the City
WHEREAS, Pueblo Municipal Code, Title VII, Chapter 1, Section 1 authorizes the City,
through its legislative body, to declare actions and activities that constitute a public nuisance;
and
WHEREAS, the Pueblo Municipal Code sets forth regulatory, penal, and administrative
ordinances to promote and protect the public health, safety, peace, comfort, and general welfare
of the City; and
WHEREAS, Needle Exchanges are not an enumerated use under the Zoning Code nor
does the Pueblo Municipal Code or Charter authorize Needle Exchanges within the City; NOW,
THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
Pueblo Municipal Code Title XI, Chapter 1, Section 405 - Nuisances is amended as
follows:
(a) Definitions. As used in this Section:
. . . .
(3) "Syringe services program" means any and all needle and syringe exchange or
distribution programs or projects whereby hypodermic needles and/or syringes are
exchanged or dispensed such that persons participating in and/or operating such
programs are exempted from criminal prosecution for acts related to the possession of
needles and/or syringes. "Syringe services program" does not include any facility, place,
or building providing diagnosis, care, prevention, and treatment of human illness,
physical or mental, including convalescence and rehabilitation.
(b) Specific nuisances. The following substances, activities or conditions are hereby
expressly deemed to be detrimental to the health or safety of the inhabitants of this City
and are nuisances:
. . . .
(7) The creation, establishment, operation, or participation in a syringe services
program within the City of Pueblo.
SECTION 2.
The officers and staff of the City are authorized and directed to perform any and all acts
consistent with the intent of this Ordinance to effectuate the policies and procedures described
herein.
SECTION 3.
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 April 22, 2024.
Final adoption of Ordinance by City Council on May 13, 2024.
____________________________
President of City Council
Action by the Mayor:
Approved on _______________.
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 _____________
____________________________
President of City Council
ATTEST
________________________________
City Clerk
City Clerk's Office Item # R1
Background Paper for Proposed
Ordinance
COUNCIL MEETING DATE: May 13, 2024
TO: President Mark Aliff and Members of City Council
CC: Mayor Heather Graham
VIA: Marisa Stoller, City Clerk
FROM: Roger Gomez, Councilor
SUBJECT: AN ORDINANCE OF THE CITY OF PUEBLO AMENDING TITLE XI,
CHAPTER 1, SECTION 405 OF THE PUEBLO MUNICIPAL CODE
PROHIBITING THE ESTABLISHMENT, OPERATION, USE, OR
PARTICIPATION IN SYRINGE EXCHANGE OR DISTRIBUTION
PROGRAMS WITHIN THE CITY OF PUEBLO AND PROVIDING
PENALTIES THEREFOR
SUMMARY:
Proposed Ordinance to prohibit syringe exchange programs within the City.
PREVIOUS COUNCIL ACTION:
None.
BACKGROUND:
Syringe exchange programs within the City are contributing to the improper disposal of
used hypodermic needles and syringes. The City is experiencing an increase in the
number of dirty hypodermic needles, syringes, and other drug paraphernalia being
the Pueblo River Trail System, presenting a threat to the health, property, safety, and
welfare of the public in the City of Pueblo.
FINANCIAL IMPLICATIONS:
Not applicable.
BOARD/COMMISSION RECOMMENDATION:
Not applicable.
STAKEHOLDER PROCESS:
None.
ALTERNATIVES:
City Council could continue to allow the operation of syringe exchange programs within
the City.
RECOMMENDATION:
Pass the Ordinance.
ATTACHMENTS:
None