Loading...
HomeMy WebLinkAbout07374ORDINANCE NO. 7374 AN ORDINANCE AMENDING CHAPTER 1, TITLE XI OF THE PUEBLO MUNICIPAL CODE RELATING TO THE POLICE REGULATIONS AND ORDINANCE ENFORCEMENT BY THE POLICE DEPARTMENT, REQUIRING LIFE JACKETS WITHIN THE ARKANSAS RIVER LEGACY WHITEWATER PARK, AND PROVIDING PENALTIES FOR VIOLATION THEREOF BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: (brackets indicate matter deleted, underscoring indicates matter added) SECTION 1. Chapter 1, Title XI of the Pueblo Municipal Code is amended by the addition of the following new section 11 -1 -700 thereto, to read as follows: Sec. 11 -1 -700. Life Jackets Required in the White Water Park. It shall be unlawful and a Class 2 municipal offense for anv person to enter on or be in the Arkansas River within the Arkansas River Legacy Whitewater Park without a U.S. Coast Guard approved type 1, 2, 3 or 5 personal flotation device being securely attached to his or her body. For purposes of this section "Arkansas River Legacy Whitewater Park" means that portion of the Arkansas River commencing where the Arkansas River flows beneath the northerly edge of the Fourth Street Bridge downstream to one - hundred (100) feet south of the location where the Arkansas River flows beneath the Santa Fe Bridge; provided, however, that it shall not be unlawful for any person to fish in or upon the Arkansas River without a personal flotation device in that portion of the Arkansas River Legacy Whitewater Park lying between the northerly edge of the Union Avenue Bridge and the location one hundred (100) feet south of the Santa Fe Bridge. SECTION 2. Chapter 1, Title XI of the Pueblo Municipal Code is amended by the addition of the following new section 11 -1 -802 thereto, to read as follows: Sec. 11 -1 -802 Enforcement. As provided in Section 10 -2 of the Charter, the Police Department shall enforce all ordinances of the City, including, without limitation, Chapter 1 of Title XI of the Pueblo Municipal Code, except where the enforcement thereof has been specifically assigned by ordinance to another department or agency of the City or entity created by intergovernmental agreement. SECTION 3. If any provision of this Ordinance or the Pueblo Municipal Code hereby adopted or amended is determined to be invalid or unenforceable, such determination shall not affect the validity or enforcement of the other provisions of this Ordinance or Pueblo Municipal Code adopted or amended hereby. SECTION 4. Any person who shall violate this Ordinance or any provision of the Pueblo Municipal Code hereby adopted or amended shall be punished as provided in Section 11 -1 -103. SECTION 5. This Ordinance shall become effective upon final passage and approval. INTRODUCED September 12, 2005 BY Michael Occhiato Councilperson APPROVED: PIRESMENT 9F CITY C IL ATTESTED BY: CITY CLERK PASSED AND APPROVED September 26, 2005 F '-'� -9-173-14 Background Paper for Proposed ORDINANCE Ito AGENDA ITEM # DATE: September 12, 2005 DEPARTMENT: Law Department TITLE AN ORDINANCE AMENDING CHAPTER 1, TITLE XI OF THE PUEBLO MUNICIPAL CODE RELATING TO THE POLICE REGULATIONS AND ORDINANCE ENFORCEMENT BY THE POLICE DEPARTMENT, REQUIRING LIFE JACKETS WITHIN THEARKANSAS RIVER LEGACY WHITEWATER PARK, AND PROVIDING PENALTIES FOR VIOLATION THEREOF ISSUE Should Council adopt an ordinance requiring life jacket use on the Whitewater Park except for fishermen in the area downstream from the Union Avenue bridge? RECOMMENDATION We recommend adoption of the ordinance. BACKGROUND Although life jacket use is required on the Whitewater Park by Parks Department regulations, an ordinance adopted by Council would serve to clarify and publicize the requirement and would provide for enforcement by the Police Department. Based upon discussions with members of the community, it has been recommended that the City not require fishermen to wear life jackets if they enter or wade in the Arkansas River downstream from Union Avenue bridge. This exception for fishermen has been incorporated within the ordinance. FINANCIAL IMPACT This is no anticipated financial impact.