HomeMy WebLinkAbout07937ORDINANCE NO. 7937
AN ORDINANCE ESTABLISHING PENALTIES, AND ALLOW-
ING IMPOSITION OF COSTS, FOR VIOLATION OF CHARTER
AND ORDINANCE PROVISIONS OF THE CITY OF PUEBLO
WHEREAS, at the special municipal election held on November 4, 2008, a
majority of the electors of the City of Pueblo voting thereon approved and adopted a
referred measure amending Sections 3 -5 and 5 -2 of the Charter changing the maximum
penalties for violation of charter and ordinance provisions to a fine not exceeding one
thousand dollars ($1,000.00) or imprisonment not exceeding one year, or both such fine
and imprisonment; and
WHEREAS, pursuant to such Charter authority, Council has determined that the
maximum penalties for specific Charter and ordinance violations should be revised;
NOW, THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: (brackets indicate
matter being deleted, underscoring indicates new matter being added)
.qFrTI()N 1
Subsection (b) of Section 1 -2 -1 of Chapter 2, Title I of the Pueblo Municipal
Code, as amended, is hereby amended to read as follows:
Sec. 1 -2 -1. General penalty; continuing violations; adjudging fines and
imprisonment.
(b) Where no specific penalty is provided therefor, the violation of any
provision of this Code or of any secondary code adopted herein shall be
punished by a fine not exceeding [three hundred dollars ($300.00)] one
thousand dollars ($1,000.00) or imprisonment for a term not exceeding [ninety
(90) days] one year or by both such fine and imprisonment, the amount of such
fine or term of such imprisonment to rest within the discretion of the Municipal
Judge.
RFrTInIV 9
Chapter 6 of Title I of the Pueblo Municipal Code, as amended, is amended by
the addition of a new section 1 -6 -10 thereto, to read as follows:
Sec. 1 -6 -10. Imposition of costs.
Whenever any person is convicted of a municipal offense, including
any traffic violation, the Municipal Court shall, in addition to any fine and
imprisonment imposed, assess against the offender the amount of costs
reasonably incurred by the City in the prosecution. Such costs may
include, but are not limited to, statutorily and ordinance - imposed
surcharges, witness fees and mileage paid to witnesses, costs for issuance
and execution of warrants, Colorado Division of Motor Vehicles
outstanding judgment warrant fees, docket fees, fury fees, deferred
sentence fees, record check fees, payment plan fees, late payment fees,
fees for certifying any record, fees for service of process, actual costs paid
to any expert witness, and any fees for interpreters. The Presiding
Municipal Judge may adopt a schedule setting forth an itemization of fees
and costs incurred in such cases, which shall be posted in the office of the
Clerk of the Municipal Court.
RFr.TInN 'I
Subsections (a), (b) and (c) of Section 3 -2 -58 of Chapter 2, Title III of the Pueblo
Municipal Code, as amended, are hereby amended to read as follows:
Sec. 3-2-58. Unlawful conduct and criminal penalties; revocation of
permits; other enforcement.
(a) It shall be unlawful and a Class 1 municipal offense for any person
to knowingly violate, disobey, omit, neglect, refuse or fail to comply with or resist
the enforcement of any provision of this Chapter or of the International Fire Code
and, upon conviction thereof, the punishment therefor shall be a fine of not more
than [three hundred dollars ($300.00)] one thousand dollars ($1,000.00) or
imprisonment for not more than [ninety (90) days) ] one year or both such fine
and imprisonment.
(b) It shall be unlawful and a Class 1 municipal offense for any person
to refuse or fail to timely comply with any order issued by the Chief of the Fire
Department, the head of the Division of Fire Prevention or other designated fire
inspector pursuant to the provisions of this Chapter or the International Fire Code
and, upon conviction thereof, the punishment therefor shall be a fine of not more
than [three hundred dollars ($300.00)] one thousand dollars ($1,000.00) or
imprisonment for not more than [ninety (90) days) ] one year or both such fine
and imprisonment.
(c) It shall be unlawful and a Class 1 municipal offense for any person
to knowingly make any false statement, representation or certification in any
application, record, report, plan or other document filed or required to be
maintained pursuant to any requirement of this Chapter or the International Fire
Code and, upon conviction thereof, the punishment therefor shall be a fine of not
more than [three hundred dollars ($300.00)] one thousand dollars ($1,000.00)
or imprisonment for not more than [ninety (90) days)] one year or both such
fine and imprisonment.
SECTION 4
Subsections (a), (b) and (c) of Section 4 -1 -26 of Chapter 1, Title IV of the Pueblo
Municipal Code, as amended, are hereby amended to read as follows:
Sec. 4 -1 -26. Offenses; criminal penalties; other enforcement.
(a) It shall be unlawful and a Class 1 Municipal Offense for any person,
firm or corporation to knowingly violate, disobey, omit, neglect, refuse or fail to
comply with or resist the enforcement of any provision of this Chapter, and upon
conviction, the punishment shall be a fine of not more than [three hundred
dollars ($300.00)] one thousand dollars ($1,000.00) or imprisonment for not
more than [ninety (90) days)] one year or both such fine and imprisonment.
(b) It shall be unlawful and a Class 1 Municipal Offense for any person,
firm or corporation to refuse or fail to timely comply with any order issued by the
Building Official of the Pueblo Regional Building Department or other designated
representative pursuant to the provisions of this Chapter, and upon conviction,
the punishment shall be a fine of not more than [three hundred dollars
($300.00)] one thousand dollars ($1,000.00) or imprisonment for not more than
[ninety (90) days)] one year or both such fine and imprisonment.
(c) It shall be unlawful and a Class 1 Municipal Offense for any person,
firm or corporation to knowingly make any false statement, representation or
certification in any application, record, report, plan or other document filed or
required to be maintained pursuant to any requirement of this Chapter, and upon
conviction the punishment shall be a fine of not more than [three hundred dollars
($300.00)] one thousand dollars ($1,000.00) or imprisonment for not more than
[ninety (90) days)] one year or both such fine and imprisonment.
SECTION 5
Subsections (a), (b) and (c) of Section 4 -2 -5 of Chapter 2, Title IV of the Pueblo
Municipal Code, as amended, are hereby amended to read as follows:
Sec. 4-2-5. Offenses; criminal penalties; permit revocation; and other
enforcement provisions.
(a) It shall be unlawful and a Class 1 municipal offense for any person
to knowingly violate, disobey, omit, neglect, refuse or fail to comply with or resist
the enforcement of any provision of this Chapter or of the International Building
Code, and upon conviction thereof, the punishment therefor shall be a fine of not
more than [three hundred dollars ($300.00)] one thousand dollars ($1,000.00)
or imprisonment for not more than [ninety (90) days)] one year or both such
fine and imprisonment.
(b) It shall be unlawful and a Class 1 municipal offense for any person
to refuse or fail to timely comply with any order issued by the Building Official, the
Director of the Pueblo Regional Building Department or other designated building
inspector pursuant to the provisions of this Chapter or the International Building
Code, and upon conviction thereof, the punishment therefor shall be a fine of not
more than [three hundred dollars ($300.00)] one thousand dollars ($1,000.00)
or imprisonment for not more than [ninety (90) days)] one year or both such
fine and imprisonment.
(c) It shall be unlawful and a Class 1 municipal offense for any person
to knowingly make any false statement, representation or certification in any
application, record, report, plan or other document filed or required to be
maintained pursuant to any requirement of this Chapter or the International
Building Code, and upon conviction thereof, the punishment therefor shall be a
fine of not more than [three hundred dollars ($300.00)] one thousand dollars
($1,000.00) or imprisonment for not more than [ninety (90) days)] one year or
both such fine and imprisonment.
RFr.T1nN F
Subsections (a), (b) and (c) of Section 4 -3 -8 of Chapter 3, Title IV of the Pueblo
Municipal Code, as amended, are hereby amended to read as follows:
Sec. 4 -3 -8. Offenses; criminal penalties; permit revocation; other enforce-
ment.
(a) It shall be unlawful and a Class 1 municipal offense for any person
to knowingly violate, disobey, omit, neglect, refuse or fail to comply with or resist
the enforcement of any provision of this Chapter, the N.E.C. or the I.C.C.E.C.A.P.
and, upon conviction thereof, the punishment therefor shall be a fine of not more
than [three hundred dollars ($300.00)] one thousand dollars ($1,000.00) or
imprisonment for not more than [ninety (90) days)] one year or both such fine
and imprisonment.
(b) It shall be unlawful and a Class 1 municipal offense for any person
to refuse or fail to timely comply with any order issued by the Building Official, the
Director of the Pueblo Regional Building Department or other designated building
inspector pursuant to the provisions of this Chapter, the N.E.C. or the
I.C.C.E.C.A.P., and, upon conviction thereof, the punishment therefor shall be a
fine of not more than [three hundred dollars ($300.00)] one thousand dollars
($1,000.00) or imprisonment for not more than [ninety (90) days)] one year or
both such fine and imprisonment.
(c) It shall be unlawful and a Class 1 municipal offense for any person
to knowingly make any false statement, representation or certification in any
application, record, report, plan or other document filed or required to be
maintained pursuant to any requirements of this Chapter, the N.E.C. or the
I.C.C.E.C.A.P. and, upon conviction thereof, the punishment therefor shall be a
fine of not more than [three hundred dollars ($300.00)] one thousand dollars
($1,000.00) or imprisonment for not more than [ninety (90) days)] one year or
both such fine and imprisonment.
SECTION 7
Subsections (a), (b) and (c) of Section 4 -4 -9 of Chapter 4, Title IV of the Pueblo
Municipal Code, as amended, are hereby amended to read as follows:
Sec. 4 -4 -9. Offenses; criminal penalties; permit revocation; other enforce-
ment.
(a) It shall be unlawful and a Class 1 Municipal Offense for any person
to knowingly violate, disobey, omit, neglect, refuse or fail to comply with or resist
the enforcement of any provision of this Chapter or of the Uniform Plumbing
Code, and upon conviction thereof, the punishment therefor shall be a fine of not
more than [three hundred dollars ($300.00)] one thousand dollars ($1,000.00)
or imprisonment for not more than [ninety (90) days)] one year or both such
fine and imprisonment.
(b) It shall be unlawful and a Class 1 Municipal Offense for any person
to refuse or fail to timely comply with an order issued by the Building Official or
other designated plumbing inspector pursuant to the provisions of this Chapter or
the Uniform Plumbing Code, and upon conviction thereof, the punishment
therefor shall be a fine of not more than [three hundred dollars ($300.00)] one
thousand dollars ($1,000.00) or imprisonment for not more than [ninety (90)
days)] one year or both such fine and imprisonment.
(c) It shall be unlawful and a Class 1 Municipal Offense for any person
to knowingly make any false statement, representation or certification in any
application, record, report, plan or other document filed or required to be
maintained pursuant to any requirement of this Chapter or the Uniform Plumbing
Code, and upon conviction thereof, the punishment therefor shall be a fine of not
more than [three hundred dollars ($300.00)] one thousand dollars ($1,000.00)
or imprisonment for not more than [ninety (90) days)] one year or both such fine
and imprisonment.
SECTION 8
Subsections (a), (b) and (c) of Section 4 -5 -3 of Chapter 5, Title IV of the Pueblo
Municipal Code, as amended, are hereby amended to read as follows:
Sec. 4 -5 -3. Offenses; criminal penalties; permit revocation; other enforce-
ment.
(a) It shall be unlawful and a Class 1 municipal offense for any person
to knowingly violate, disobey, omit, neglect, refuse or fail to comply with or resist
the enforcement of any provision of this Chapter or the Uniform Mechanical
Code, and, upon conviction thereof, the punishment therefor shall be a fine of not
more than [three hundred dollars ($300.00)] one thousand dollars ($1,000.00)
or imprisonment for not more than [ninety (90) days)] one year or both such
fine and imprisonment.
(b) It shall be unlawful and a Class 1 municipal offense for any person
to refuse or fail to timely comply with any order issued by the Building Official, the
Director of the Pueblo Regional Building Department or other designated
mechanical inspector pursuant to the provision of this Chapter or the Uniform
Mechanical Code, and, upon conviction thereof, the punishment therefor shall be
a fine of not more than [three hundred dollars ($300.00)] one thousand dollars
($1,000.00) or imprisonment for not more than [ninety (90) days)] one year or
both such fine and imprisonment.
(c) It shall be unlawful and a Class 1 municipal offense for any person
to knowingly make any false statement, representation or certification in any
application, record, report, plan or other document filed or required to be
maintained pursuant to any requirement of this Chapter or the Uniform
Mechanical Code, and, upon conviction thereof, the punishment therefor shall be
a fine of not more than [three hundred dollars ($300.00)] one thousand dollars
($1,000.00) or imprisonment for not more than [ninety (90) days)] one year or
both such fine and imprisonment.
SECTION 9
Subsection (h) of Section 4 -6 -2 of Chapter 6, Title IV of the Pueblo Municipal
Code, as amended, is hereby amended to read as follows:
Sec. 4-6-2. Amendments.
(h) Subsection R113.4 of the IRC, entitled "Violation penalties," is
amended to read as follows:
"R113.4 Penalties. Any person, firm or corporation violating any of
the provisions of this Code, upon conviction thereof, shall be punished as
provided in Section [4 -6 -9] 4 -6 -6 of the Pueblo Municipal Code. Imposing
any such penalty shall not prevent the enforced removal of prohibited
conditions."
SECTION 10
Subsections (a), (b) and (c) of Section 4 -6 -6 of Chapter 6, Title IV of the Pueblo
Municipal Code, as amended, are hereby amended to read as follows:
Sec. 4 -6 -6. Offenses; criminal penalties; permit revocation; other enforce-
ment.
(a) It shall be unlawful and a Class 1 municipal offense for any person
to knowingly violate, disobey, omit, neglect, refuse or fail to comply with or resist
the enforcement of any provision of this Chapter or of the IRC, and upon
conviction thereof, the punishment therefor shall be a fine of not more than [three
hundred dollars ($300.00)] one thousand dollars ($1,000.00) per day,
imprisonment for not more than [ninety (90) days)] one year or both such fine
and imprisonment.
(b) It shall be unlawful and a Class 1 municipal offense for any person
to refuse or fail to timely comply with any order issued by the Building Official of
the Pueblo Regional Building Department or other designated building inspector
pursuant to the provisions of this Chapter or the IRC, and upon conviction
thereof, the punishment therefor shall be a fine of not more than [three hundred
dollars ($300.00)] one thousand dollars ($1,000.00) per day, imprisonment for
not more than [ninety (90) days)] one year or both such fine and imprisonment.
(c) It shall be unlawful and a Class 1 municipal offense for any person
to knowingly make any false statement, representation or certification in any
application, record, report, plan or other document filed or required to be
maintained pursuant to any requirement of this Chapter or the IRC, and upon
conviction thereof, the punishment therefor shall be a fine of not more than [three
hundred dollars ($300.00)] one thousand dollars ($1,000.00) for each violation,
imprisonment for not more than [ninety (90) days)] one year or both such fine
and imprisonment.
SECTION 11
Subsections (a), (b) and (c) of Section 4 -13 -5 of Chapter 13, Title IV of the
Pueblo Municipal Code, as amended, are hereby amended to read as follows:
Sec. 4 -13 -5. Offenses; criminal penalties; permit revocation; other enforce-
ment.
(a) It shall be unlawful and a Class 1 Municipal Offense for any person
to knowingly violate, disobey, omit, neglect, refuse or fail to comply with or resist
the enforcement of any provision of this Chapter or the Uniform Dangerous
Building Code, and, upon conviction thereof, the punishment therefor shall be a
fine of not more than [three hundred dollars ($300.00)] one thousand dollars
($1,000.00) or imprisonment for not more than [ninety (90) days)] one year or
both such fine and imprisonment.
(b) It shall be unlawful and a Class 1 Municipal Offense for any person
to refuse or fail to timely comply with any order issued by the Building Official or
other designated building inspector pursuant to the provisions of this Chapter or
the Uniform Dangerous Building Code, and, upon conviction thereof, the
punishment therefor shall be a fine of not more than [three hundred dollars
($300.00)] one thousand dollars ($1,000.00) or imprisonment for not more than
[ninety (90) days)] one year or both such fine and imprisonment.
(c) It shall be unlawful and a Class 1 Municipal Offense for any person
to knowingly make any false statement, representation or certification in any
application, record, report, plan or other document filed or required to be
maintained pursuant to any requirement of this Chapter or the Uniform
Dangerous Building Code, and, upon conviction thereof, the punishment therefor
shall be a fine of not more than [three hundred dollars ($300.00)] one thousand
dollars ($1,000.00) or imprisonment for not more than [ninety (90) days)] one
year or both such fine and imprisonment.
SECTION 12
Subsection (a) of Section 4 -14 -18 of Chapter 14, Title IV of the Pueblo Municipal
Code, as amended, is hereby amended to read as follows:
Sec. 4- 14 -18. Penalties.
(a) Any person who violates any provision of this Chapter shall be
guilty of a Class 2 Municipal Offense and shall be punished by a fine of not more
than [three hundred dollars ($300.00)] one thousand dollars ($1,000.00)
SECTION 13
Subsection (aa) of Section 5 -1 -147 of Chapter 1, Title V of the Pueblo Municipal
Code, as amended, is hereby amended to read as follows:
Sec. 5 -1 -147. Election violations.
(aa) Penalties. Any person found guilty of conduct declared by this
Section to be unlawful or a municipal offense shall be punished by a fine of not
more than [three hundred dollars ($300.00)] one thousand dollars ($1,000.00)
or imprisonment for a period not to exceed [ninety (90) days)] one year or by
both such fine and imprisonment and shall be disqualified from holding any
office, position or employment with the City as provided in Section 17 -11 of the
Charter.
SECTION 14
Subsection (c) of Section 5 -2 -1 of Chapter 2, Title V of the Pueblo Municipal
Code, as amended, is hereby amended to read as follows:
Sec. 5 -2 -1. Compliance with fair campaign practices act required.
(c) It shall be unlawful and a Class 1 Municipal Offense for any person to
violate any provision of this Section or the Fair Campaign Practices Act with
respect to any election for any city office of the City, or with respect to any City
initiative, referendum or other ballot issue, and upon conviction thereof, such
person shall be punished by a fine not exceeding [three hundred dollars
($300.00] one thousand dollars ($1,000.00) or imprisonment for a term not
exceeding [ninety (90) days] one year or by both such fine and imprisonment.
SECTION 15
Subsection (2) of Section 7 -3 -15 of Chapter 3, Title VII of the Pueblo Municipal
Code, as amended, is hereby amended to read as follows:
Sec. 7 -3 -15. Penalties for violation.
(2) Every person convicted of a violation of any of the provisions of this
Chapter shall be punished by a fine not exceeding [three hundred dollars
($300.00] one thousand dollars ($1,000.00) or by imprisonment for a term not
exceeding [ninety (90) days] one year or both by such fine and imprisonment.
RFrTI()N 1R
Section 7 -4 -5 of Chapter 4, Title VII of the Pueblo Municipal Code, as amended,
is hereby amended to read as follows:
Sec. 7 -4 -5. Penalty.
Any person convicted of violating this Chapter shall be punished by a fine
of not more than [three hundred dollars ($300.00)] one thousand dollars
($1,000.00) nor less than [twenty -five dollars ($25.00)] fifty dollars ($50.00) and
shall be required to repay to the City all costs incurred by the City for cutting and
removing weeds from the land of such person.
SECTION 17
Subsections (a), (b) and (c) of Section 8 -1 -7 of Chapter 1, Title VIII of the Pueblo
Municipal Code, as amended, are hereby amended to read as follows:
Sec. 8 -1 -7. Offenses; criminal penalties; permit revocation; other enforce-
ment.
(a) It shall be unlawful and a Class 1 Municipal Offense for any person to
knowingly violate, disobey, omit, neglect, refuse or fail to comply with or resist the
enforcement of any provision of this Chapter or the Uniform Housing Code, and
upon conviction thereof, the punishment therefor shall be a fine of not more than
[three hundred dollars ($300.00)] one thousand dollars ($1,000.00) or
imprisonment for not more than [ninety (90) days)] one year or both such fine
and imprisonment.
(b) It shall be unlawful and a Class 1 Municipal Offense for any person to
refuse or fail to timely comply with any order issued by the Building Official, the
Director of the Pueblo Regional Building Department or other designated building
inspector pursuant to the provisions of this Chapter or the Uniform Building Code,
and upon conviction thereof, the punishment therefor shall be a fine of not more
than [three hundred dollars ($300.00)] one thousand dollars ($1,000.00) or
imprisonment for not more than [ninety (90) days)] one year or both such fine
and imprisonment.
(c) It shall be unlawful and a Class 1 Municipal Offense for any person to
knowingly make any false statement, representation or certification in any
application, record, report, plan or other document filed or required to be
maintained pursuant to any requirement of this Chapter or the Uniform Housing
Code, and upon conviction thereof, the punishment therefor shall be a fine of not
more than [three hundred dollars ($300.00)] one thousand dollars ($1,000.00)
or imprisonment for not more than [ninety (90) days)] one year, or both such
fine and imprisonment.
SECTION 18
Subsection (g) of Section 9 -7 -26 of Chapter 7, Title IX of the Pueblo Municipal
Code, as amended, is hereby amended to read as follows:
Sec. 9 -7 -26. Dealers in precious or semiprecious metals or stones.
(g) Unlawful Acts; Penalties. It shall be unlawful for any person to violate
any provision of this Section; and any person found guilty of violating any of the
provisions of this Section shall be punished by a fine of not more than [three
hundred dollars ($300.00)]
imprisonment for not more than
fine and imprisonment.
one thousand dollars ($1,000.00) or by
[ninety (90) days)] one year or by both such
SECTION 19
Subsection (f) of Section 9 -10 -94 of Chapter 10, Title IX of the Pueblo Municipal
Code, as amended, is hereby amended to read as follows:
Sec. 9- 10 -94. Going- out -of- business sales.
(f) Unlawful Acts. It shall be unlawful for any person to knowingly
violate any provision of this Section; and any person found guilty of violating any
of the provisions of this Section shall be punished by a fine of not more than
[three hundred dollars ($300.00)] one thousand dollars ($1,000.00) or by
imprisonment for not more than [ninety (90) days)] one year or by both such
fine and imprisonment.
SECTION 20
Subsections (a), (b) and (c) of Section 11 -1 -103 of Chapter 1, Title XI of the
Pueblo Municipal Code, as amended, are hereby amended to read as follows:
Sec. 11 -1 -103. Penalties for violation.
(a) Unless otherwise specified, the punishment for violation of an
offense described in this Chapter shall be a fine of not more than [three hundred
dollars ($300.00)] one thousand dollars ($1,000.00) or imprisonment for not
more than [ninety (90) days)] one year or both such fine and imprisonment,
provided that if the person found guilty of a violation of an offense was under
eighteen (18) years of age at the time of the offense, the court shall not impose a
jail sentence.
(b) The punishment for violation of an offense defined as a Class 1
municipal offense shall be a fine of not more than [three hundred dollars
($300.00)] one thousand dollars ($1,000.00) or imprisonment for not more than
[ninety (90) days)] one year or both such fine and imprisonment, provided that
if the person found guilty of a violation of a Class 1 municipal offense was under
eighteen (18) years of age at the time of the offense, the court shall not impose a
jail sentence.
(c) The punishment for violation of an offense defined as a Class 2
municipal offense shall be a fine of not more than [three hundred dollars
($300.00)] one thousand dollars ($1,000.00)
SECTION 21
Section 11 -3 -26 of Chapter 3, Title XI of the Pueblo Municipal Code, as
amended, is hereby amended to read as follows:
Sec. 11 -3 -26. Penalty.
Any licensee violating any of the provisions of Sections 11 -3 -21 to 11 -3-
25, inclusive, of this Article shall, upon conviction thereof, be fined in a sum not
less than [one hundred dollars ($100.00)] two hundred dollars ($200.00) nor
more than [three hundred dollars ($300.00)] one thousand dollars ($1,000.00)
or shall be imprisoned in the City jail for a period of not less than ten (10) days
nor more than [ninety (90) days] one year or shall be both so fined and
imprisoned.
SECTION 22
Subsections (a), (b) and (c) of Section 11 -4 -20 of Chapter 4, Title XI of the
Pueblo Municipal Code, as amended, are hereby amended to read as follows:
Sec. 11 -4 -20. Penalties.
(a) Unless otherwise specified, the punishment for violation of an
offense described in this Chapter shall be a fine of not more than [three hundred
dollars ($300.00)] one thousand dollars ($1,000.00)
(b) The punishment for violation of an offense defined as a Class 1
municipal offense shall be a fine of not more than [three hundred dollars
($300.00)] one thousand dollars ($1,000.00) or imprisonment for not more than
[ninety (90) days)] one year or both such fine and imprisonment, provided that
if the person found guilty of a violation of a Class 1 municipal offense was under
eighteen (18) years of age at the time of the offense, the court shall not impose a
jail sentence.
(c) The punishment for violation of an offense defined as a Class 2
municipal offense shall be a fine of not more than [three hundred dollars
($300.00)] one thousand dollars ($1,000.00)
SECTION 23
Subsection (c) of Section 11 -9 -4 of Chapter 9, Title XI of the Pueblo Municipal
Code, as amended, is hereby amended to read as follows:
Sec. 11 -9 -4. Prohibition on display and sale.
(c) Required sign. Every person who operates a retail commercial
establishment selling graffiti implements shall:
(1) Place a sign with a minimum height of fourteen (14) inches
and a width of eleven (11) inches, with lettering of at least one -half (2)
inch in height which is in clear public view at or near the display of such
products and which states: "WARNING: IT IS ILLEGAL TO SELL OR
DISTRIBUTE AEROSOL PAINT, PAINT STICKS OR BROAD - TIPPED
MARKERS TO ANY PERSON UNDER THE AGE OF EIGHTEEN YEARS
OR FOR ANY PERSON UNDER THE AGE OF EIGHTEEN YEARS OF
AGE TO POSSESS OR TO ATTEMPT TO PURCHASE SAME. IT IS
ILLEGAL IF YOU ARE OVER EIGHTEEN YEARS OF AGE FOR YOU TO
PURCHASE AEROSOL PAINT, PAINT STICKS OR BROAD - TIPPED
MARKERS FOR A PERSON UNDER EIGHTEEN YEARS OF AGE IF
YOU ARE NOT SUCH PERSON'S PARENT OR GUARDIAN. FINES OF
UP TO [$300.00] $1,000.00 MAY BE IMPOSED FOR VIOLATION OF
THESE PROVISIONS."
SECTION 24
Subsection (a) of Section 11 -9 -5 of Chapter 9, Title XI of the Pueblo Municipal
Code, as amended, is hereby amended to read as follows:
Sec. 11 -9 -5. Penalty.
(a) Any violation of [Section] subsection 11- 9 -3(a) of this Chapter is a
Class 1 municipal offense, provided that if the person was under eighteen (18)
years of age on the date of violation, the court shall not impose a jail sentence.
Any person found guilty of violating Section 11- 9 -3(a) of this Chapter shall, in
addition to any sentence of jail time, pay a fine of not less than one hundred
dollars ($100.00) for the first offense, two hundred dollars ($200.00) for the
second offense and [three hundred dollars ($300.00)] five hundred dollars
500.00 for the third or any subsequent offense.
SECTION 25
Subsection (a) of Section 12 -6 -15 of Chapter 6, Title XII of the Pueblo Municipal
Code, as amended, is hereby amended to read as follows:
Sec. 12 -6 -15. Violation.
(a) Any person convicted of a violation of this Chapter or any section or
provision hereof shall be punished by a fine of not more than [three hundred
dollars ($300.00)] one thousand dollars ($1,000.00) or by imprisonment for not
more than [ninety (90) days)] one year or by both such fine and imprisonment.
SECTION 26
Section 14 -8 -14 of Chapter 8, Title XIV of the Pueblo Municipal Code, as
amended, is hereby amended to read as follows:
Sec. 14 -8 -14. Criminal penalties for violation.
Any person who violates any provision of this Chapter shall, upon
conviction, be punished by a fine not exceeding [three hundred dollars
($300.00)] one thousand dollars ($1,000.00) or imprisonment not exceeding
[ninety (90) days)] one year or by both such fine and imprisonment, in addition
to any civil penalty provided herein.
cFrTInN 77
Section 14 -9 -13 of Chapter 9, Title XIV of the Pueblo Municipal Code, as
amended, is hereby amended to read as follows:
Sec. 14 -9 -13. Criminal penalties for violation.
Any person who violates any provision of this Chapter shall upon
conviction be punished by a fine not exceeding [three hundred dollars ($300.00)]
one thousand dollars ($1,000.00) or imprisonment not exceeding [ninety (90)
days)] one year or by both such fine and imprisonment, in addition to any civil
penalty provided herein.
SECTION 28
Subsection (b) of Section 14 -10 -6 of Chapter 10, Title XIV of the Pueblo
Municipal Code, as amended, is hereby amended to read as follows:
Sec. 14 -10 -6. False claims prohibited; penalties.
(b) Any person convicted of violation of this Section shall be punished
by a fine of not more than [three hundred dollars ($300.00)] one thousand
dollars ($1,000.00) or by imprisonment for a period not to exceed [ninety (90)
days)] one year or by both such fine and imprisonment.
SECTION 29
Subsection (2) of Section 15 -1 -6 of Chapter 1, Title XV of the Pueblo Municipal
Code, as amended, is hereby amended to read as follows:
Sec. 15 -1 -6. Penalties for violations of this Chapter.
(2) Every person convicted of a violation of any of the provisions of the
Model Traffic Code or of this Chapter shall be punished by a fine not exceeding
[three hundred dollars ($300.00)] one thousand dollars ($1,000.00) or by
imprisonment not exceeding [ninety (90) days)] one year or by both such fine
and imprisonment, except as provided by Subsection (3) below.
SECTION 30
Subsection (b) of Section 16 -9 -15 of Chapter 9, Title XVI of the Pueblo Municipal
Code, as amended, is hereby amended to read as follows:
Sec. 16 -9 -15. Unlawful conduct and criminal penalties.
(b) Any person who knowingly makes any false statements,
representation or certification in any application, record, report, plan or other
document filed or required to be maintained pursuant to this Chapter, or who
falsifies, tampers with or knowingly renders inaccurate any monitoring device or
method required under this Chapter, shall, upon conviction, be punished by a fine
of not more than [three hundred dollars ($300.00)] one thousand dollars
($1,000.00) or by imprisonment for not more than [ninety (90) days)] one year
or by both such fine and imprisonment.
SECTION 31
Subsection (c) of Section 17 -7 -3 of Chapter 7, Title XVII of the Pueblo Municipal
Code, as amended, is hereby amended to read as follows:
Sec. 17 -7 -3. Violations and penalties.
(c) Any person violating any provision[s] of this Title shall be punished
by a fine not exceeding [three hundred dollars ($300.00)] one thousand dollars
($1,000.00) or imprisonment for a term not exceeding [ninety (90) days)] one
year or by both such fine and imprisonment.
SECTION 32
Subsection (b) of Section 17 -11 -8 of Chapter 11, Title XVI I of the Pueblo
Municipal Code, as amended, is hereby amended to read as follows:
Sec. 17 -11 -8. Violations and penalties.
(b) Any person violating any provision[s] of this Chapter shall be
punished by a fine of not more than [three hundred dollars ($300.00)] one
thousand dollars ($1,000.00) or imprisonment for a term not exceeding [ninety
(90) days)] one year or by both such fine and imprisonment.
SECTION 33
Wherever in the Pueblo Municipal Code any act or failure to act is prohibited, or
is declared to be unlawful, or to constitute a municipal offense, and no penalty is
specified therefor, it is hereby declared to constitute a municipal offense and the penalty
provisions set forth in Section 1 -2 -1 of the Pueblo Municipal Code, as amended by this
Ordinance, shall apply thereto.
SECTION 34
This Ordinance shall become effective at 12:01 a.m. on January 1, 2009 and
shall apply to offenses committed after such date.
BY Vera Ortegon
Councilperson
ra
ATTESTED aY
{
CLERK
INTRODUCED November 24. 2008
PASSED AND APPROVED: December 8, 2008
Background Paper for Proposed
ORDINANCE
AGENDA ITEM # 26
DATE: NOVEMBER 24, 2008
DEPARTMENT: Law Department
TITLE
AN ORDINANCE ESTABLISHING PENALTIES, AND ALLOWING IMPOSITION OF
COSTS, FOR VIOLATION OF CHARTER AND ORDINANCE PROVISIONS OF THE
CITY OF PUEBLO
ISSUE
Should the Council raise the maximum fine and jail sentence that may be imposed
pursuant to new Charter authorization?
RECOMMENDATION
It is recommended that Council adopt the Ordinance.
BACKGROUND
This Ordinance implements the recent Charter amendments by increasing the possible
maximum fine and jail sentence that may be imposed by the Municipal Court for
violation of Charter and ordinance provisions.
FINANCIAL IMPACT
It is possible that municipal court fine revenue may increase.