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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.