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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 �r�. X813 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.