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
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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.