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.