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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.