HomeMy WebLinkAbout10702ORDINANCE NO. 10702
AN ORDINANCE CREATING PART 21 OF SECTION 15-1-8 OF
THE PUEBLO MUNICIPAL CODE REGULATING THE PARKING
IN ELECTRIC MOTOR VEHICLE CHARGING STATIONS.
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
Section 15-1-8 (21) of the Pueblo Municipal Code is hereby created, which shall read as
follows (brackets indicate matter being deleted, underscoring indicates new matter being
added):
(21)
(1)
As used in this Section:
a. Official Sign shall mean a sign identifying a parking space for electric motor vehicle
charging that cites this section.
b. Plug-in electric motor vehicle shall mean a motor vehicle that has received an
acknowledgment for certification from the Federal Internal Revenue Service that the
vehicle qualifies for the plug-in electric drive vehicle credit set forth in 26 U.S.C. Sec.
30D, as amended, or any successor statute; or any motor vehicle that can be recharged
from an external source of electricity and that uses electricity stored in a rechargeable
battery pack to propel or contribute to the pro
(2)
The owner of public or private property may install official signs that identify a parking space as
a dedicated charging station. The installation operates as a waiver of any objection the owner
may assert concerning enforcement of this section. A police officer or specially-commissioned
officer may enforce this section on private property.
(3)
a. A person shall not park a motor vehicle within a parking space designated for charging a
plug-in electric motor vehicle unless the motor vehicle is a plug-in electric motor vehicle.
b. Except as provided in subsection (4) of this section, a person shall not park a plug-in
electric motor vehicle in a parking space with a dedicated charging connector for the
parking space unless the person is parked in the charging station for the purpose of
charging the plug-in electric motor vehicle.
c. A plug-in electric motor vehicle is rebuttably presumed to not be charging if the motor
vehicle is:
i. Parked in a charging station parking space with a dedicated charging connector
for the space; and
ii. Not continuously and electrically connected to the charger for longer than thirty
(30) minutes.
(4)
a. A person may park a plug-in electric motor vehicle at a charging station after the motor
vehicle is fully charged in a parking lot:
i. That serves a lodging business if the person is a client of the lodging business
and has parked the plug-in electric motor vehicle in the lot to charge overnight;
ii. That serves an airport if the person is a client of the airport and has parked the
plug-in electric motor vehicle in the lot to charge when traveling; or
iii. Between the hours of 11 p.m. and 5 a.m.
b. The exception in subsection (4)(a) of this section is an affirmative defense to a violation
of subsection (3) of this section.
(5)
Any person who violates this section commits a Class 2 municipal offense with a fine to be set
by Administrative Order of the Pueblo Municipal Court
SECTION 2.
The officers of the City are authorized to perform any and all acts consistent with this
Ordinance to implement the policies and procedures described herein.
SECTION 3.
This Ordinance shall become effective thirty (30) days after 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 14, 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 # R5
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: Andrew Hayes, Public Works Director
SUBJECT: AN ORDINANCE CREATING PART 21 OF SECTION 15-1-8 OF THE
PUEBLO MUNICIPAL CODE REGULATING THE PARKING IN
ELECTRIC MOTOR VEHICLE CHARGING STATIONS.
SUMMARY:
This ordinance empowers the City of Pueblo parking enforcement to issue citations for
non-electric vehicles found parked in designated EV charging spaces.
Considering the growing need for prioritized access to electric vehicle (EV) charging
spaces, the City of Pueblo seeks to implement more robust enforcement measures.
This o
for electric vehicle adoption and ensuring that charging infrastructure is readily
accessible to those who require it. Implementing effective enforcement measures is
crucial to maintaining the functionality and purpose of these spaces.
PREVIOUS COUNCIL ACTION:
None.
BACKGROUND:
With additional EV's on the road, access to charging stations is an issue of increasing
concern. Currently, the City has no regulations prohibiting non-electric vehicles from
parking in spaces designated for EV charging. Although the Colorado Revised Statutes
have a provision making it a Class B traffic infraction to park in a spot designated as an
EV charging station, local parking enforcers do not have the authority to write parking
tickets for violation of state statutes, making this law difficult to enforce. This ordinance,
following the language of the state statute, will make it enforceable within the City of
Pueblo.
FINANCIAL IMPLICATIONS:
Revenues generated from Non-Electric Vehicle impoundment fees would be deposited
into the City's General Fund.
BOARD/COMMISSION RECOMMENDATION:
None.
STAKEHOLDER PROCESS:
None.
ALTERNATIVES:
If City Council does not approve this Ordinance, the procedures for non-electric
vehicles parking in designated electric vehicle charging spaces will remain uncodified
and not readily enforceable.
RECOMMENDATION:
Approve the ordinance.
ATTACHMENTS:
None