HomeMy WebLinkAbout07972ORDINANCE NO. 7972
AN ORDINANCE AMENDING CHAPTER 2 OF TITLE I OF THE
PUEBLO MUNICIPAL CODE GRANTING THE MUNICIPAL
COURT JURISDICTION AND AUTHORITY TO ORDER
RESTITUTION WITH RESPECT TO MUNICIPAL VIOLATIONS
WHEREAS, City Council is prohibited by Charter from imposing fines in excess
of $1,000 and or imprisonment in excess of one (1) year for violation of City ordinances.
The Charter, however, specifically provides that City Council is not otherwise limited in
its punitive measures and that such punitive measures shall be enforced, and
WHEREAS, restitution serves multiple purposes, including making criminal
victims whole, taking the profit out of crime, deterrence, and rehabilitation. Given its
deterrent and rehabilitative purposes, restitution is generally considered punitive in
nature. Although punitive and monetary in nature, restitution is distinct and different
from a fine. NOW THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that (brackets indicate
matter deleted, underscoring indicates matter added)
SECTION 1.
Chapter 2 of Title I of the Pueblo Municipal Code is amended by the addition of a new
section 9 to read as follows:
Sec. 1-2-9. Restitution.
In addition to any and all other punitive sanctions which may be imposed
for a violation of any provision of this Code or any secondary Code adopted
herein, the Municipal Court has the power to order restitution.
SECTION 2.
This Ordinance shall become effective immediately upon final passage and
approval.
INTRODUCED: February 9, 2009
BY: Randy Thurston
Councilperson
a il �
APPROVED 2
PRESIDENTaf City Council
PASSED AND APPROVED: February 23, 2009
4
Background Paper for Proposed
ORDINANCE
AGENDA ITEM # 10
DATE: February 9, 2009
DEPARTMENT: MUNICIPAL COURT
WILLIAM D. ALEXANDER, MUNICIPAL JUDGE
TITLE
AN ORDINANCE AMENDING CHAPTER 2 OF TITLE I OF THE PUEBLO
MUNICIPAL CODE GRANTING THE MUNICIPAL COURT JURISDICTION AND
AUTHORITY TO ORDER RESTITUTION WITH RESPECT TO MUNICIPAL
VIOLATIONS
ISSUE
City Council is prohibited by Charter from imposing fines in excess of $1,000 and or
imprisonment in excess of one (1) year for violation of City ordinances. The Charter,
however, specifically provides that City Council is not otherwise limited in its punitive
measures and that such punitive measures shall be enforced. Restitution serves multiple
purposes, including making criminal victims whole, taking the profit out of crime,
deterrence, and rehabilitation. Given its deterrent and rehabilitative purposes, restitution
is generally considered punitive in nature. Although punitive and monetary in nature,
restitution is distinct and different from a fine. This Ordinance would give Municipal
Court the power to order restitution for violations of City ordinances.
RECOMMENDATION
Approval of the Ordinance.
FINANCIAL IMPACT
None.