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HomeMy WebLinkAbout06762ORDINANCE; NO. 6762 AN ORDINANCE AMENDING CHAPTER 1 OF TITLE XIII OF THE PUEBLO MUNICIPAL CODE RELATING TO RIVERS AND WATERCOURSES AND PROVIDING PENALTIES FOR THE VIOLATION THEREOF BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: (Brackets indicate material being deleted; underscoring indicates new material being added.) SECTION 1 Sections 13 -1 -5, 13 -1 -6, 13 -1 -7, and 13 -1 -8 of Chapter 1 of Title XIII the Pueblo Municipal Code, as amended, are hereby amended to read as follows: Sec. 13 -1 -5. [Diverting] River Obstructions It shall be unlawful and a municipal offense for any person to place or cause to be placed in the channel or bed of any river or stream in the City any fence, building or other structure, or any rock, gravel, concrete or other matter which may encroach upon or reclaim lands from the beds of such rivers or streams, or which may impede, retard or divert or tend to impede, retard or divert the flow of water in said rivers or stream or narrow the beds thereof, provided, however, that nothing contained herein shall deny to the City, any governmental agency or municipal corporation the power to go upon such rivers or streams modify the river channel and erect and maintain such dikes, levees, bridges, check dams fish ladders, boat chutes, in- stream diversion structures or other structures as may be necessary [and] oiL desirable for flood protection, transportation riparian habitat improvement or public recreation. [protection of the public from flood waters.] Sec. 13-1-6. Abatement. The City Council may order that any unauthorized encroachment or obstruction upon the channel or bed of any river or stream, as aforesaid, be removed at the expense of the person doing the same or for whose benefit the same was done, the cost of such work to be recovered by action in any court of competent jurisdiction. Sec. 13 -1 -7. Use of River Facilities. [Swimming; places prohibited.] The Director of Parks and Recreation is authorized to adopt and promulgate rules and regulations in conformity with the ordinances and resolutions of the City, including the provisions of Title X hereof, concernin(- the operation and use of all City owned or operated recreational facilities located in upon or adiacent to any river stream or watercourse located within the City or upon lands or easements outside of the City which are owned by or under the control or rna=,einent of the City. [It shall be unlawful for any person to wade, swim or bathe in any river, stream, watercourse, ditch, canal conduit, reservoir or pond within the corporate limits of the City, except where the same is kept for such purposes. I Sec. 13-1-8. [Nuisances. The following conditions are hereby declared to constitute a public nuisance, and the maintaining or permitting to exist of any such condition shall be unlawful: (1) Any bridge built across any stream within the limits of the City, supported by piles, posts or poles, or any other device tending to obstruct the flow of water in such stream. (2) It shall be unlawful for any person to construct or cause to be constructed any bridge supported by posts, piles or any device or thing which tends to obstruct the water flowing down, over or across any stream within the limits of the City.] Res erved. SECTION 2 Any person found guilty of any provision of this Ordinance declared to be a municipal offense shall be punished as provided by Section 1 -2 -1 of the Pueblo Municipal Code, as amended. SECTION 3 This Ordinance shall become effective immediately upon final passage and approval. INTRODUCED: December 10, 2001 By: Ric 4' olenga, CO NCILPERS ON APPROVED: `. ATTESTED BY: CITY CLERK PASSED AND APPROVED: Decembe 26 , 2 OF TIdE CITY COUNCIL -2-