HomeMy WebLinkAbout07360ORDINANCE NO. 7360
AN ORDINANCE SUBMITTING TO A VOTE OF THE REGISTERED ELECTORS OF THE
CITY OF PUEBLO AT THE GENERAL MUNICIPAL ELECTION TO BE HELD NOVEMBER 8,
2005 PROPOSED AMENDMENTS TO SECTIONS 3 -5 AND 5 -2 OF THE CHARTER OF THE
CITY OF PUEBLO RELATING TO FINES FOR VIOLATION OF CITY ORDINANCES AND
CITY CHARTER PROVISIONS
WHEREAS, the maximum fine for violating any ordinance or any provision of the Charter
of the City was fixed in 1954 at $300.00, and
and
WHEREAS, such maximum fine is no longer relevant or appropriate in the year 2005,
WHEREAS, the Colorado legislature by section 31 -16- 101(1), C.R.S. has fixed a
maximum fine of $1,000.00 for violations of municipal ordinances. NOW, THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: (brackets indicate matter
deleted, underscoring indicates matter added)
SECTION 1
There is hereby submitted to a vote of the registered electors of the city of Pueblo at the
general municipal election to be held on November 8, 2005 amendments to the Charter of the
City of Pueblo to read as follows:
Section 3 -5. General Powers - The Council shall have all legislative powers and
functions of municipal government conferred by general law, except as provided in this
Charter.
The Council shall provide for enforcement of its ordinances. No fines or
imprisonments shall exceed the following limits: Fines, one thousand dollars $1,000.00)
[three hundred dollars ($300.00)]; imprisonment, ninety (90) days; or a combination of
both fine and imprisonment within the designated limits.
The Council is not to be otherwise limited in its punitive or enforcement
measures.
The Council shall approve compensation for boards, commissions, and all
employees in the Classified and Unclassified Service.
The Council, or a duly authorized committee thereof, may investigate any agency and
the official acts of any officer or employee thereof, and may compel by subpoena attendance
and testimony of witnesses and production of books and documents.
Section 5 -2. Penalty for Violation - Any person who shall violate any of the provisions
of this Charter for the violation of which no punishment has been provided herein, shall be
deemed guilty of an offense, and upon conviction thereof shall be punished by a fine not
exceeding one thousand dollars ($1,000.00) [three hundred dollars ($300.00)] or by
imprisonment [in the city jail] not exceeding ninety (90) days, or by both such fine and
imprisonment. Other punitive or enforcement measures as adopted by the City Council shall
be enforced.
SECTION 2
The ballot title (submission clause and title) for the proposed Charter amendments set forth in
Section 1 hereof is hereby fixed and adopted as follows:
QUESTION _ - CHARTER AMENDMENT
FINES FOR VIOLATING ORDINANCES AND CHARTER PROVISIONS
SHALL THE CHARTER OF THE CITY OF PUEBLO RELATING TO MAXIMUM FINES
FOR VIOLATING ORDINANCES AND PROVISIONS OF THE CHARTER OF THE CITY OF
PUEBLO BE AMENDED BY INCREASING THE MAXIMUM FINE FROM $300.00 TO
$1,000.00?
YES
NO
M:101IM0961
The officials of the City are authorized and directed to take all actions necessary, appropriate
or required to effectuate the provisions of this Ordinance. The City Clerk is directed to publish notice
of election upon the Charter amendment in conformity with the provision of §1- 7.5- 107(2.5)(a) and
§31 -2- 210(4), C.R.S.
SECTION 4
This Ordinance shall become effective upon final passage; provided, however, that the Charter
amendment set forth in this Ordinance shall become effective only upon the affirmative vote thereon
of a majority of the registered electors voting thereon at the general municipal election held on
November 8, 2005.
INTRODUCED August 8, 2005
BY Michael Occhiato
Councilperson
PASSED AND APPROVED August 22, 2005
o
Background Paper for Proposed
ORDINANCE
DATE: August 8, 2005
DEPARTMENT: Law Department
TITLE
AGENDA ITEM #
AN ORDINANCE SUBMITTING TO A VOTE OF THE REGISTERED
ELECTORS OF THE CITY OF PUEBLO AT THE GENERAL MUNICIPAL
ELECTION TO BE HELD NOVEMBER 8, 2005 PROPOSED AMENDMENTS TO
SECTIONS 3 -5 AND 5 -2 OF THE CHARTER OF THE CITY OF PUEBLO
RELATING TO FINES FOR VIOLATION OF CITY ORDINANCES AND CITY
CHARTER PROVISIONS
ISSUE
Should City Council refer to a vote of the people at the general municipal election
to be held on November 8, 2005 amendments to the City Charter increasing the
maximum fine for ordinance and charter violations from $300 to $1,000?
RECOMMENDATION
Approve the ordinance.
BACKGROUND
The maximum fine for violating any City ordinance or any provision of the Charter
was fixed in 1954 at $300.00. Such maximum fine is no longer relevant or
appropriate in the year 2005. The Colorado legislature has fixed the maximum
fine for municipal ordinance violations at $1,000.00. The Charter amendments
would be consistent with state law.
FINANCIAL IMPACT
Unknown. If the Charter amendments are approved by the voters, City's
ordinances will have to be amended with approval of the City Council. It is
anticipated that fines for most violations will not be increased and only fines for
more serious violations and repeated offenses may be increased.