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HomeMy WebLinkAbout07853ORDINANCE NO. 7853
AN ORDINANCE SUBMITTING TO A VOTE OF THE REGISTERED ELECTORS OF THE CITY
OF PUEBLO AT THE SPECIAL MUNICIPAL ELECTION TO BE HELD NOVEMBER 4, 2008
PROPOSED AMENDMENTS TO SECTIONS 3 -5 AND 5 -2 OF THE CHARTER OF THE CITY OF
PUEBLO RELATING TO FINES AND IMPRISONMENT FOR VIOLATION OF CITY ORDINANCES
AND CHARTER PROVISIONS
WHEREAS, the maximum fine and imprisonment for violating any ordinance or any
provision of the Charter of the City was fixed in 1954 at $300.00, or 90 days, or both, and
WHEREAS, the Colorado legislature by section 31 -16- 101(1), C.R.S. has fixed the
maximum fine and imprisonment at $1,000.00, or up to one year, or both, 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
special municipal election to be held on November 4, 2008 amendments to Sections 3 -5 and 5 -2 of
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, one year [ninety (90) days]; or a
combination of both fine and imprisonment within the designated limits. The amount by
which any fine exceeds three hundred dollars ($300.00) is dedicated to graffiti control
and removal and other law enforcement activities as determined by the Council.
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 one year [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
(maximum penalties for violating ordinances and charter provisions -
dedicating the amount by which any fine exceeds $300.00 to graffiti control
and other law enforcement activities)
SHALL THE CHARTER OF THE CITY OF PUEBLO BE AMENDED TO PROVIDE
FOR ENFORCEMENT OF ORDINANCES AND CHARTER PROVISIONS BY A FINE OF
NOT MORE THAN ONE THOUSAND DOLLARS, OR BY IMPRISONMENT FOR NOT
MORE THAN ONE YEAR, OR BY BOTH FINE AND IMPRISONMENT AND DEDICATING
THE AMOUNT BY WHICH ANY FINE EXCEEDS THREE HUNDRED DOLLARS TO
GRAFFITI CONTROL AND REMOVAL AND OTHER LAW ENFORCEMENT ACTIVITIES?
YES
NO
SECTION 3
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 11-7.5-
107(2.5)(a) and 131-2-210(4), C.R.S.
SECTION 4
This Ordinance shall become effective upon final passage and approval, provided,
however, that the Charter amendments set forth in Section 1 of this Ordinance shall become
effective only upon the affirmative vote of a majority of the registered electors voting thereon at the
special municipal election to be held on November 4, 2008.
INTRODUCED July 28. 2008
BY Vera Ortegon
Councilperson
APPROVE �.
A S D 1ay,
� CLERK
PASSED AND APPROVED: August 11, 2008
dry. U53
Background Paper for Proposed
ORDINANCE
a7
AGENDA ITEM #—
DATE: July 28, 2008
DEPARTMENT: Law Department
TITLE
AN ORDINANCE SUBMITTING TO A VOTE OF THE REGISTERED ELECTORS
OF THE CITY OF PUEBLO AT THE SPECIAL MUNICIPAL ELECTION TO BE
HELD NOVEMBER 4, 2008 PROPOSED AMENDMENTS TO SECTIONS 3 -SAND
5 -2 OF THE CHARTER OF THE CITY OF PUEBLO RELATING TO FINES AND
IMPRISONMENT FOR VIOLATION OF CITY ORDINANCES AND CHARTER
PROVISIONS
ISSUE
Should City Council refer to a vote of the people at the special municipal election
to be held on November 4, 2008 amendments to the City Charter establishing the
maximum fine and imprisonment for ordinance and charter violations at $1,000.00,
or up to one year, or both, and dedicating the amount by which any fine exceeds
$300.00 to graffiti control and removal or other law enforcement activities as
determined by the City Council?
RECOMMENDATION
None.
BACKGROUND
The maximum fine and imprisonment for violating any City ordinance or any
provision of the Charter was fixed in 1954 at $300.00, or 90 days, or both. The
Colorado legislature has fixed the maximum fine and imprisonment for municipal
ordinance violations at $1,000.00, or up to one year, or both. The Charter
amendments would be consistent with state law.
FINANCIAL IMPACT
Unknown.