HomeMy WebLinkAbout07120ORDINANCE NO. 7120
AN ORDINANCE AMENDING SUBSECTION 21 OF SECTION 8 OF CHAPTER 1 OF TITLE XV
RELATING TO THE MODEL TRAFFIC CODE AND FAILURE TO COMPLY WITH NOTICE OF
PARKING VIOLATIONS
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: (Brackets indicate matter
deleted, underscoring indicates matter added)
SECTION 1
Subsection (21) of Section 8 of Chapter 1 of Title XV is hereby amended to read as follows:
(21) 1720. Failure to comply with notice on parked vehicle.
"(1) If the driver or owner of an unattended motor vehicle charged with an
apparent violation of the restrictions on stopping, standing or parking under the traffic
ordinance of this municipality does not respond within the time specified to a penalty
assessment notice affixed to such vehicle, as provided in section 1718, by appearance and
payment at the traffic violations bureau or court having jurisdiction, or by mailing payment
by means of the United States mail, or by other disposition of the charge as provided by
law, the clerk of said court or traffic violations bureau shall send another notice by mail to
the registered owner of the vehicle to which the original notice was affixed, warning him that
in the event such notice is disregarded for a period of five days from date of mailing [a
complaint will be filed and] a warrant of arrest will be issued and the vehicle to which the
oriainal notice was affixed may be immobilized."
SECTION 2
This Ordinance shall become effective upon final passage.
INTRODUCED March 22. 2004
PASSED AND APPROVED April 12, 2004
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Background Paper for Proposed
ORDINANCE
DATE: March 22, 2004
DEPARTMENT: Law Department
P-7
AGENDA ITEM # 7—/
TITLE
AN ORDINANCE AMENDING SUBSECTION 21 OF SECTION 8 OF CHAPTER 1 OF
TITLE XV RELATING TO THE MODEL TRAFFIC CODE AND FAILURE TO COMPLY
WITH NOTICE OF PARKING VIOLATIONS
ISSUE
Should the City Council approve the Ordinance which clarifies the information contained
in notices issued under §15- 1- 8(21), P.M.C.?
RECOMMENDATION
Approve the Ordinance.
BACKGROUND
The current provisions of §15- 1- 8(21), P.M.C. require that a notice be sent to an individual
who fails to respond to a penalty assessment notice affixed to unattended vehicles for
parking violations. As currently written, this notice must warn the owner that the continued
failure to respond to the notice will result in the issuance of a complaint and arrest warrant.
Since the issuance of a complaint is not always required and the vehicle may also be
immobilized for such noncompliance, the notice requirement has been amended to reflect
and clarify such facts by eliminating the requirement of a subsequent complaint and
requiring that the person be notified of potential arrest and immobilization of his or her
vehicle.
FINANCIAL IMPACT
None.