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HomeMy WebLinkAbout07114ORDINANCE NO. 7114 AN ORDINANCE AMENDING CHAPTER 1 OF TITLE XI OF THE PUEBLO MUNICIPAL CODE AUTHORIZING THE DISTRICT ATTORNEY OF THE TENTH JUDICIAL DISTRICT TO ISSUE SUMMONS AND COMPLAINTS FOR VIOLATIONS OF TITLE XI OF THE PUEBLO MUNICIPAL CODE BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: (Brackets indicate matter deleted, underscoring indicates matter added.) SECTION 1 Chapter 1 of Title XI is amended by the addition of a new section 109 which reads: Sec. 11 -1 -109. District Attorney. The District Attorney of the Tenth Judicial District and any Deputy District Attorney of Assistant District Attorney of the Tenth Judicial District, when acting in such capacity, are duly appointed law enforcement officers of the City of Pueblo authorized to issue and serve summons and complaints for violations of this Chapter. SECTION 2. This Ordinance shall become effective immediately upon final passage and approval. INTRODUCED February 23, 2004 BY Michael Occhiato Councilperson APPROVED: PRESI 'ENT OF CITY COUNCIL ATTESTED BY: CITY CLERK PASSED AND APPROVED March 22. 2004 n a� D e Background Paper for Proposed ORDINANCE AGENDA ITEM # lfc'0 33 DATE: February 23, 2004 DEPARTMENT: Law Department TITLE AN ORDINANCE AMENDING CHAPTER 1 OF TITLE XI OF THE PUEBLO MUNICIPAL CODE AUTHORIZING THE DISTRICT ATTORNEY OF THE TENTH JUDICIAL DISTRICT TO ISSUE SUMMONS AND COMPLAINTS FOR VIOLATIONS OF TITLE XI OF THE PUEBLO MUNICIPAL CODE ISS Should the City Council authorize the District Attorney and any Deputy or Assistant District Attorney of the Tenth Judicial District to issue and serve summons and complaints for violations of Title XI of the Pueblo Municipal Code? RECOMMENDATION The Ordinance be approved. BACKGROUND The proposed Ordinance is meant to address the following circumstances: (a) A Pueblo peace officer initiates a criminal action in County Court by filing a summons and complaint for a state misdemeanor or petty offense violation; and (b) Upon further review by the District Attorney's Office, it is determined that the Pueblo Municipal Court is a more appropriate venue for resolution of the charged violation. In such circumstances, the District Attorney's Office would like the authority to dismiss the state charges and contemporaneously issue and serve a summons and complaint for an appropriate ordinance violation charge. The proposed Ordinance permits such action by the District Attorney's Office by authorizing the District Attorney and the Deputy and Assistant District Attorneys to issue and serve summons and complaints for violation of general offenses contained in Title XI of the Pueblo Municipal Code. FINANCIAL IMPACT It is not anticipated that the additional complaints filed through Municipal Court will have a significant financial impact on the City.