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HomeMy WebLinkAbout08194ORDINANCE NO. 8194 AN ORDINANCE AMENDING SECTION 7 -3 -16 OF CHAPTER 3, TITLE VII, SECTION 7 -4 -5 OF CHAPTER 4, TITLE VII, SECTION 7 -5 -14 OF CHAPTER 5, TITLE VII, SECTION 11 -1 -103 OF CHAPTER 1, TITLE XI, SECTION 11 -4 -20 OF CHAPTER 4, TITLE XI, SECTION 11 -9 -5 OF CHAPTER 9, TITLE XI, AND SECTION 17 -7 -3 OF CHAPTER 7 OF TITLE XVII OF THE PUEBLO MUNICIPAL CODE, CONCERNING SURCHARGES FOR CERTAIN VIOLATIONS OF CITY ORDINANCES RELATED TO PUBLIC SAFETY AND WELFARE BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: (brackets indicate matter being deleted; underscoring indicates new matter being added) SECTION 1 Section 7 -3 -16 of Chapter 3, Title VII of the Pueblo Municipal Code, as amended, is hereby amended to read as follows: Sec. 7 -3 -16. Penalties for violation. The following provisions shall apply to a violation of any of the provisions of this Chapter: (1) It is unlawful and a municipal offense for any person to violate any of the provisions of this Chapter. (2) Every person convicted of a violation of any of the provisions of this Chapter shall be punished by a fine not exceeding one thousand dollars ($1,000.00) or by imprisonment not exceeding one (1) year, or both by such fine and imprisonment. (3) In addition to the penalties provided herein, any person convicted of a violation of the provisions of this Chapter shall be assessed a fee to be known as the Community Solid Waste Clean -up Surcharge in the amount of five dollars ($5.00). The community solid waste clean -up surcharge shall be imposed at the time of conviction and may not be suspended or waived by the Court. For purposes of this Subsection, conviction shall include all guilty pleas, findings of guilt and deferred sentences entered on any violation of this Chapter. The community solid waste clean -up surcharge shall be collected by the Municipal Court and paid into the City's general fund. (4) Every real property owner remains liable for violations of obligations imposed upon an owner by this Chapter even though an obligation is also imposed on the occupant of the property and even though the owner has by agreement imposed on the occupant the duty of maintaining the property or furnishing required containers and collection. (5) In addition to the penalties provided herein, any person convicted of violating any provision of this Chapter shall be assessed a U m the case of an unemancipated minor, the parents or guardians of the minor shall be jointly and severally liable for this surcharge and shall be ordered to pay the same. This surcharge may only be waived by the Court upon a tnat the minors parents or quaraians are inaigent. i nis surcnarge sna collected by the Municipal Court and paid into the City's general fund. SECTION 2 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. (a) Any person convicted of violating any provision of this Chapter shall be punished by a fine of not more than one thousand dollars ($1,000.00) nor less than 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. (b) In addition to the penalties provided herein, any person convicted of violating any provision of this Chapter shall be assessed a SECTION 3 Section 7 -5 -14 of Chapter 5, Title VII of the Pueblo Municipal Code, as amended, is hereby amended to read as follows: shall be jointly and severally liable for this surcharge and shall be ordered to pay the same. This surcharge may only be waived by the Court upon a bona fide finding that the Defendant is indigent, or in the case of a minor, Sec. 7 -5 -14. Unlawful conduct. (a) It shall be unlawful and a Class 1 municipal offense for any person: (1) To own or operate any new or existing source required to be permitted under this Chapter without a valid permit; (2) To own or operate any new or existing source required to be permitted under this Chapter during a period when the permit therefor is under suspension or has been revoked; (3) To refuse to comply with the requirements of any cease and desist order issued by the Director, unless the order has been stayed by action of the Board or a court of competent jurisdiction during any administrative or judicial appeal; (4) To knowingly violate any of the provisions of this Chapter. (b) Any person convicted of any offense defined in this Section or elsewhere in this Chapter shall be punished as provided in Section 11 -1 -103 of this Code. (c) In addition to the penalties provided herein, any person convicted of violating any provision of this Chapter shall be assessed a e to pay the same. This surcharge may only be waived by the Court upon a bona fide finding that the Defendant is indigent, or in the case of a minor, SECTION 4 Section 11 -1 -103 of Chapter 1, Title XI of the Pueblo Municipal Code, as amended, is 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 one thousand dollars ($1,000.00) or imprisonment for not more than one (1) 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 one thousand dollars ($1,000.00) or imprisonment for not more than one (1) 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 one thousand dollars ($1,000.00). (d) In addition to the penalties provided herein, any person convicted of a violation of [Sections] Section 11 -1 -201, 11 -1 -207, 11 -1 -301, 11 -1 -302, 11 -1- 602 or 11 -1 -608 of this Code. be assessed a fee to be known as the Pueblo Metro D.A.R.E. Surcharge in the amount of five dollars ($5.00). The Pueblo Metro D.A.R.E. Surcharge shall be imposed at the time of conviction and may only be waived by the court upon a finding that the defendant or in the case of a minor the defendant's parent is indigent. For purposes of this Subsection (d), conviction shall include all guilty pleas, findings of guilt and deferred sentences. The Pueblo Metro D.A.R.E. Surcharge shall be collected by the Municipal Court and paid into the City's general fund. (e) In addition to the penalties provided herein, any person convicted of violating of Section 11 -1 -204 or 11 -1 -607 of this Chapter, shall the Keep FueDio tseautirui 5urcnarge, in the amount or i wenty -rive uouai ($25). In the case of an unemancipated minor, the parents or guardians of the minor shall be jointly and severally liable for this surcharge and shall c;ourt upon a Dona nae rinaing tnat the uerenaant is inaigent, or in the case of a minor, that the minor's parents or guardians are indigent. This surcharge shall be collected by the Municipal Court and paid into the City's general fund. SECTION 5 Section 11 -4 -20 of Chapter 4, Title XI of the Pueblo Municipal Code, as amended, is 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 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 one thousand dollars ($1,000.00) or imprisonment for not more than one (1) 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 one thousand dollars ($1,000.00). (d) Any person found guilty of violating Section 11 -4 -14 of this Chapter shall pay all expenses, including shelter, food, veterinary expenses for identification or certification of the breed of the dog or boarding and veterinary expenses necessitated by the seizure of any dog for the protection of the public, and such other expenses as may be required for the destruction of any such dog. (e) In addition to the penalties provided herein, any person convicted of a violating Section 11 -4-15, 11 -4-22, 11 -4-23, 11 -4 -24, 11 -4-25, suc minor, the parents or guardians of the minor shall be jointly and severally liable for this surcharge and shall be ordered to pay the same. This surcharge may only be waived by the Court upon a bona fide finding that the Defendant is indigent, or in the case of a minor, that the minor's parents or guardians are indigent. This surcharge shall be collected by the Municipal Court and paid into the City's general fund. SECTION 6 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 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 Subsection 11- 9 -3(a) 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 five hundred dollars ($500.00) for the third or any subsequent offense. (b) Any violation of any provision other than Subsection 11- 9 -3(a) of this Chapter is a Class 2 municipal offense. (c) Restitution. In addition to any punishment imposed for violation of Section 11- 9 -3(a) of this Chapter, the court shall order any violator to make restitution to the victim for damages or loss caused by the violator's offense in the amount or manner determined by the court. In the case of an unemancipated minor, the parents or legal guardian shall be ordered jointly and severally liable with the minor to make restitution, but such liability shall not exceed the damages set forth in Section 13 -21- 107(1), C.R.S. (1) Within ten (10) days after entry of any order for restitution any persons ordered to pay such restitution may file written objections to the amount of restitution including evidence that the amount of restitution exceeds the damages or loss caused by the violator's offense. The court may, based upon such objections and evidence or after hearing at the court's discretion, reduce the amount of restitution. (2) Upon an application and finding of indigence, the court may decline to order restitution. (d) Seizure of graffiti implement. The Chief of Police or his or her authorized agent may seize, take and remove any graffiti implement used in violation of Section 11- 9 -3(a) of this Chapter or in the possession of a minor in violation of Section 11- 9 -3(b) of this Chapter. (e) Community service. In lieu of, or as part of, any punishment imposed for violation of either Section 11- 9 -3(a) or (b) of this Chapter, a minor or adult may be required to perform community service as described by the court based on the following minimum requirements: (1) The minor or adult shall perform at least thirty (30) hours of community service. (2) At least one (1) parent or guardian of the unemancipated minor shall be in attendance a minimum of fifty percent (50 %) of the period of assigned community service. (3) The entire period of community service shall be performed under the supervision of a community service provider approved by the Chief of Police. (4) Reasonable effort shall be made to assign the minor or adult to a type of community service that is reasonably expected to have the most rehabilitative effect on the minor or adult, including community service that involves graffiti removal. (f) In addition to the penalties provided herein, any person convicted of violating Section 11 -9 -3 or 11 -9-4 of this Chapter shall be assessed a surcharge for each count of such conviction, to be known as t4iz51. in the case of an unemancipatea minor, the parents or quaraians of the minor shall be jointly and severally liable for this surcharge and shall c;ourt upon a Dona nae rinaing tnat the uerenaant is inaigent, or in the case of a minor, that the minor's parents or guardians are indigent. This surcharge shall be collected by the Municipal Court and paid into the City's general fund. SECTION 7 Section 17 -7 -3 of Chapter 7, Title XVI I of the Pueblo Municipal Code, as amended, is hereby amended to read as follows: Sec. 17 -7 -3. Violations and penalties. (a) Wherever by the provisions of this Title the performance of any act is required or the performance of any act is prohibited or wherever any regulation, dimension or limitation is imposed on the use or change of use of or upon any land or on the erection or alteration of any structure or the use or change of use of such structure or the uses within such structure, a failure to comply with the provisions of this Title shall constitute a violation of this Title. Every day on which a violation exists shall constitute a separate violation and a separate offense. (b) It shall be unlawful and shall be deemed a strict liability offense for any owner, lessee, occupant or agent of an owner, lessee or occupant to commit, participate in, assist in, maintain or allow or permit to exist, or to otherwise let happen a violation of this Title on the land or in the structure to which the owner, lessee, occupant or agent has legal or equitable title or right of possession. (c) Any person violating any provision of this Title shall be punished by a fine not exceeding one thousand dollars ($1,000.00) or imprisonment for a term not exceeding one (1) year, or by both such fine and imprisonment. (d) In case any building or structure is erected, constructed, reconstructed, altered, repaired, converted or maintained or any building, structure or land is used in violation of any provision of this Title, the City or any proper person may institute any appropriate action or proceedings to prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use, to restrain, correct or abate such violation, to prevent the occupancy of the building, structure or land or to prevent any illegal act, conduct, business or use in or about such premises. The remedies herein provided are cumulative and the imposition of any penalty under Subsection (c) above shall not preclude the City or any proper person from instituting any appropriate action or proceeding to require compliance with the provisions of this Title and with administrative orders and determinations made hereunder. (e) It shall be unlawful and a municipal offense for any person served with an order issued by the Administrative Official pursuant to Section 17- 5 -1(b) to fail to comply with the order within the time specified in the order. Failure to comply with an order of the Administrative Official as herein provided constitutes a separate and independent violation in addition to and not in substitution of any other violation of the provisions of this Title. It shall be an affirmative defense to a violation of this Subsection (e) that the order has been duly and timely appealed to the Zoning Board of Appeals, and the Zoning Board of Appeals has reversed or modified the order after notice and hearing. (f) In addition to the penalties provided herein, any person convicted of violating Section 17 -4-21, 17 -4-27, or 17 -4-28 of this Chapter as Five Dollars ($25). In the case of an unemancipated minor, the parents or guardians of the minor shall be jointly and severally liable for this surcharge and shall be ordered to pay the same. This surcharge may only inalaent. or in the case or a minor. tnat the minor's Darents or auaralans are indigent. This surcharge shall be collected by the Municipal Court and paid into the City's general fund. SECTION 8. The surcharges imposed by this Ordinance shall apply to violations that occur on or after April 27, 2010. INTRODUCED: April 26, 2010 BY: Leroy Garcia COUNCILPERSON APPROVED: RESIDENT CF CITY CC) LINCIL ■ !r!k a i PASSED AND APPROVED: May 10, 2010 Background Paper for Proposed ORDINANCE DATE April 26, 2010 AGENDA ITEM # R -7 DEPARTMENT Law Department Thomas J. Florczak, City Attorney TITLE: AN ORDINANCE AMENDING SECTION 7 -3 -16 OF CHAPTER 3, TITLE VII, SECTION 7 -4 -5 OF CHAPTER 4, TITLE VII, SECTION 7 -5 -14 OF CHAPTER 5, TITLE VII, SECTION 11 -1 -103 OF CHAPTER 1, TITLE XI, SECTION 11 -4 -20 OF CHAPTER 4, TITLE XI, SECTION 11 -9 -5 OF CHAPTER 9, TITLE XI, AND SECTION 17 -7 -3 OF CHAPTER 7 OF TITLE XVII OF THE PUEBLO MUNICIPAL CODE, CONCERNING SURCHARGES FOR CERTAIN VIOLATIONS OF CITY ORDINANCES RELATED TO PUBLIC SAFETY AND WELFARE ISSUE Should the City Council adopt an ordinance imposing a $25 surcharge on violations of certain provisions of the Pueblo Municipal Code designed to improve health, safety and welfare? RECOMMENDATION The proposed ordinance should be approved. BACKGROUND The proposed ordinance imposes a $25 surcharge on certain violations including litter, abandoned vehicles, junk vehicles, weeds, fugitive dust, excessive noise, dog at large, accumulation of manure, fowl hutches too close to property line, and graffiti. The resulting funds would offset the City's administrative costs in enforcing these violations. FINANCIAL IMPACT The proposed ordinance should generate approximately $20,500 in additional revenue on an annual basis. The Municipal Court estimates that there were approximately 1,100 of these violations in 2009 (primarily abandoned vehicles) and that approximately 75% of the assessed fines were collected. Therefore, assuming that the number of violations and the collection rate remain constant, a $25 surcharge should result in approximately $20,625 in additional revenue (1100 x $25 = 27,500 x.75 = $20,625).