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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.