HomeMy WebLinkAbout05975ORDINANCE NO. 5975
AN ORDINANCE AMENDING SECTIONS 402 AND 403 OF
CHAPTER 1 OF TITLE XI OF THE CODE OF ORDINANCES
RELATING TO DAMAGING, DEFACING OR DESTRUCTION
OF PROPERTY AND PROVIDING FOR PENALTIES
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BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that:
(Brackets indicate matter being deleted; underscoring indicates new matter being added.)
SECTION 1
Section 402 of Chapter 1 of Title XI of the Code of Ordinances is amended to read as
follows:
11 -1 -402 DAMAGING. DEFACING OR DESTRUCTION OF PRIVATE PROPERTY
(1) It shall be unlawful for any person to knowingly damage, deface, destroy or
injure the real or personal property of one or more other persons in the course of a single
episode where the aggregate damage to the real or personal property is less than four
hundred dollars ($400.00).
Q Deface as used in subsection (1) shall include, but not be limited to. the
writing. painting- inscribing. drawing. scratching or scribbling upon any wall or surface
owned. operated or maintained by any person, unless there is written permission for said
writing, painting, inscribing. drawing. scratching or scribbling_
W Any person found guilty of violating subsection (1) of this section shall
addition to any sentence of jail time, pay a fine not less than the following amounts:
First offense $75.00
Second offense $150.00
Third or subsequent offense $300.00
The court shall have the authority to suspend any fine provided for above only when
it orders a person found guil1y of violating subsection (1) to perform useful public service,
and credits the dollar amount earned throw hg such public service toward payment of the
minimum fine owed. The person shall be credited at the standard hourly rate for such up blic
service as established by the rules and regulations of the court. Useful public service shall
be considered work which is beneficial to the public and which involves a minimum of
public cost and may include. ordering the person found g ii ty of violating subsection (1) to
personally make repairs to the property damaged or defaced
[(2)]4,2 Damaging. defacing or destruction of property is a Class 1 municipal
offense provided that if the person found guilly of violating subsection (1) is under eighteen
(18) years of age. the Court shall not impose a jail sentence
SECTION 2
Section 403 of Chapter 1 of Title XI of the Code of Ordinances is amended to read as
follows:
11 -1 -403 DAMAGING. DEFACING OR DESTRUCTION OF CITY PROPERTY
(1) It shall be unlawful for any person to knowingly damage, deface, destroy or
injure the real or personal property of the City of Pueblo in the course of a single episode
where the aggregate damage to the real or personal property is less than four hundred dollars
($ 400.00).
(4 Deface as used in subsection (1) shall include, but not be limited to the
writing, painting inscribing drawing, scratching or scribbling upon any public wall or
public surface owned. operated or maintained by the City of Pueblo unless the City of
Pueblo grants written permission for said writing painting inscribing drawi scratching
or scribbliniz.
W Any person found guilty of violating subsection (1) of this section shall in
addition to any sentence of jail time pay a fine not less than the following amounts:
First offense $75.00
Second offense $150.00
Third or subsequent offense $300.00
The court shall have the authority to
suspend any fine provided
for above only when
it orders a person found guilty of violating
subsection (1) to perform
useful
public service,
and credits the dollar amount earned throu hg such public service
toward
payment of the
minimum fine owed The person shall be
credited at the standard
hourly rate
for such public
service as established by the rules and regulations
of the court
Useful public
service shall
be considered work which is beneficial
to the public and which involves a minimum of
public cost and may include ordering the
person found guilty
of violating
subsection (1) to
personally make repairs to the gropertv damaged or defaced.
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[(2)]G) Damaging, defacing or destruction of City property is a Class 1 municipal
offense provided that if the person found guilty of violating subsection (1) is under eighteen
(18) years of age. the Court shall not impose a jail sentence
SECTION 3
This Ordinance shall become effective immediately upon final passage.
ATTEST:
A c ti ng City Cle
INTRODUCED: Ma W 9. 2 , 1995
B y Patrick Avaln
Councilperson
APPROVED:
President of the City Council
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