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City Clerk's Office Item # R4
Background Paper for Proposed
Ordinance
COUNCIL MEETING DATE: March 10, 2025
TO: President Mark Aliff and Members of City Council
CC: Mayor Heather Graham
VIA: Marisa Stoller, City Clerk
FROM: Harley Gifford, Deputy City Attorney
SUBJECT: AN ORDINANCE AMENDING SECTION 11-1-211 OF THE PUEBLO
MUNICIPAL CODE RELATING TO THE SAFE USE OF PUBLIC
PROPERTY TO LIMIT PUBLIC CAMPING AND PROHIBIT TEMPORARY
STRUCTURES ON PUBLIC PROPERTY WITHIN THE CITY OF
PUEBLO, COLORADO
SUMMARY:
The following Ordinance amends the Pueblo Municipal Code to conform with the holding
in City of Grants Pass, Oregon v. Johnson et al.
PREVIOUS COUNCIL ACTION:
City Council approved Ordinance Number 10645, which created a defense to the per se
violation of Sec. 11-1-211, P.M.C. if there is no access to other shelter available.
BACKGROUND:
This Ordinance will eliminate the requirement that prior to enforcement of Sec. 11-1-211,
P.M.C., a Pueblo Police Officer must first determine whether there is access to other
shelter available. This amendment is pursuant to the City of Grants Pass U.S. Supreme
Court holding that enforcing generally applicable laws regulating camping on public
property when shelter is not available is not a violation of the Constitutional prohibition
against cruel and unusual punishments.
FINANCIAL IMPLICATIONS:
Not applicable.
BOARD/COMMISSION RECOMMENDATION:
Not applicable to this Ordinance.
STAKEHOLDER PROCESS:
Not applicable to this Ordinance.
ALTERNATIVES:
If the City Council chooses not to approve this ordinance, the lack of available shelter
will be a defense to violation of Sec. 11-1-211, P.M.C.
RECOMMENDATION:
None.
ATTACHMENTS:
1. Ordinance
ORDINANCE NO.10916
AN ORDINANCE AMENDING SECTION 11-1-211 OF
THE PUEBLO MUNICIPAL CODE RELATING TO THE
SAFE USE OF PUBLIC PROPERTY TO LIMIT PUBLIC
CAMPING AND PROHIBIT TEMPORARY STRUCTURES
ON PUBLIC PROPERTY WITHIN THE CITY OF
PUEBLO, COLORADO
NOW, THEREFORE; BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
Section 11-1-211, P.M.C. as follows: \[brackets\] indicate matter being deleted;
underscoring indicates new matter being added.
Sec. 11-1-211. Prohibited Use of Public Property.
(a) No person shall camp on City property without first having obtained the written
permission of the authorized officer of such public property.
(1) \[A person cannot violate this section where there is no access to other shelter
available. Refusal to accept or move to other available shelter, where other shelter is
accessible is a per se violation of this Section.\]
\[(2)\] (1) For purposes of Section, "City property" means all land, including, any
park, parkway, recreation area, roadway, or any other public property owned by the City
of Pueblo.
\[(3)\] (2) For purposes of Section, "camp" means to reside or dwell temporarily in a
place, with shelter, and conduct activities of daily living, such as eating or sleeping, in
such place. Camp does not include temporary residence associated with the performance
of governmental services.
\[(4)\] (3) For purposes of Section, "shelter" includes, without limitation, any cover
or protection from the elements other than clothing.
\[(5)\] (4) For purposes of Section, "written permission" includes a documented
reservation, permit, park pass, or contract.
\[(6)\] (5) Failure to provide written permission upon request by an authorized party,
including all law enforcement personnel shall be treated as an admission appropriate
permission was not obtained.
(b) No person shall erect or use any tent, net, or other temporary structure for the purpose
of shelter or storage of property on City property without first having obtained the Written
Permission of the authorized officer of such public property.
(1) For purposes of this Section, "temporary structure" includes any structure used
to shelter a person or property after sundown and all enclosed structures. For purposes
of this section, temporary structure does not apply to non-enclosed portable structures
designed to provide overhead covering, including umbrellas and awnings.
(2) Failure to provide written permission upon request by an authorized party,
including all law enforcement is an admission appropriate permission was not obtained.
SECTION 2.
The officers and staff of the City are authorized to perform any and all acts
consistent with the intent of the Ordinance to implement the policies and procedures
described herein.
SECTION 3.
This Ordinance shall become effective on the date of final action by the Mayor
and City Council.
Action by City Council:
Introduced and initial adoption of Ordinance by City Council on February 24, 2025.
Final adoption of Ordinance by City Council on March 10, 2025.
APPROVED
President of City Council
Action by the Mayor:
Approved on , 2025.
Disapproved on based on the following objections:
Mayor
Action by City Council After Disapproval by the Mayor:
Council did not act to override the Mayor's veto.
Ordinance re-adopted on a vote of to , on
Council action on failed to override the veto.
President of City Council
ATTEST
City Clerk