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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.