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
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