HomeMy WebLinkAbout07873ORDINANCE NO. 7873
AN ORDINANCE AMENDING SECTION 303 OF CHAPTER I OF TITLE XI OF THE PUEBLO
MUNICIPAL CODE RELATING TO THE OFFENSE OF HARASSMENT, EXPANDING SUCH
OFFENSE TO INCLUDE COMMUNICATIONS MADE BY COMPUTER AND PROVIDING
PENALTIES FOR VIOLATIONS THEREOF
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: (brackets indicate matter
deleted, underscoring indicates matter added)
SECTION 1
Section 303 of Chapter I of Title XI of the Code of Ordinances is hereby amended
to read as follows:
Sec. 11 -1 -303. Harassment.
(a) A person commits the offense of harassment if, with intent to harass, annoy
or alarm another person, he or she:
(1) In a public place directs obscene language or makes an obscene
gesture to or at another person;
(2) Follows a person in or about a public place;
(3) Initiates communication with a person, anonymously or otherwise by
telephone, computer, computing network, or computer system, in a manner
intended to harass or threaten bodily injury or property damage, or makes any
comment, request, suggestion or proposal by telephone computer, computing
network, or computer system which is obscene;
(4) Makes a telephone call or causes a telephone to ring repeatedly,
whether or not a conversation ensues, with no purpose of legitimate
conversation; or
(5) Makes repeated communications at inconvenient hours that invade
the privacy of another and interfere in the use and enjoyment of another's home or
private residence or other private property.
(b) As used in this Section, unless the context otherwise requires, obscene
means a patently offensive description of ultimate sexual acts or solicitation to
commit ultimate sexual acts, whether or not said ultimate sexual acts are normal or
perverted, actual or simulated, including masturbation, cunnilingus, fellatio, anilingus
or excretory functions.
(c) Any act prohibited by paragraph[s] (3) and (4)] of Subsection (a) of this
Section may be deemed to have occurred or to have been committed at the place at
which the telephone call electronic mail, or other electronic communication was
either made or received. Any acts prohibited by paragraph 4 of subsection (a)
of this Section may be deemed to have occurred or to have been committed at
the glace at which the teleahone call was either made or received.
(d) Harassment is a Class 1 municipal offense
SECTION 2.
Any person found guilty of violating any provision of this Ordinance declared to be a
municipal offense shall be punished as provided in Section 11 -1 -103 of the Pueblo Municipal
Code.
SECTION 3.
This Ordinance shall become effective thirty (30) days after final passage and approval.
INTRODUCED Auqust 25, 2008
BY Vera Ortegon
Councilperson
APPROVE �.
i i l� l F'erf run i
A S ECG Iay,
� CLERK
PASSED AND APPROVED: September 8 2008
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Background Paper for Proposed
ORDINANCE
AGENDA ITEM # "i -it
DATE: August 25, 2008
DEPARTMENT: Law Department
TITLE
AN ORDINANCE AMENDING SECTION 303 OF CHAPTER I OF TITLE XI OF THE
PUEBLO MUNICIPAL CODE RELATING TO THE OFFENSE OF HARASSMENT,
EXPANDING SUCH OFFENSE TO INCLUDE COMMUNICATIONS MADE BY
COMPUTER AND PROVIDING PENALTIES FOR VIOLATIONS THEREOF
ISSUE
Should City Council approve the proposed Ordinance amending Section 303 of Chapter
I of Title XI of the Pueblo Municipal Code?
RECOMMENDATION
City Council should approve the proposed Ordinance.
BACKGROUND
The proposed Ordinance expands the scope of Section 11 -1 -303, P.M.C., Harassment,
to make unlawful communications by computer which are obscene or made in a manner
intended to harass or threaten bodily injury. The proposed Ordinance is meant to address
and give the Municipal Court jurisdiction over harassment by the use of computers, e.g.
electronic mail through internet sites such as myspace.com. The proposed change will
make Section 11 -1 -303, P.M.C., equivalent in scope with the current provisions of
Colorado State criminal statutes, which also prohibit such conduct. §18 -9- 111(1), C.R.S.
FINANCIAL IMPACT
There may be some increase in fines collected by Municipal Court given the expanded
scope of the Ordinances.