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City Clerk's Office Item # R5
Background Paper for Proposed
Ordinance
COUNCIL MEETING DATE: June 9, 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 11-1-202 OF THE PUEBLO
MUNICIPAL CODE RELATING TO LOITERING
SUMMARY:
Attached for consideration is an ordinance amending Section 11-1-202 Loitering to
include lying down, removing the possibility of a defense to the charge of loitering that
penalty for the offense of loitering to that of a Class 1 Municipal Offense punishable by
up to 364 days in jail and a fine of $1,000.00.
PREVIOUS COUNCIL ACTION:
During a regular meeting of City Council, staff was instructed to bring forth an
amendment to Section 11-1-202 to incorporate the element of lying down and remove
BACKGROUND:
This Ordinance stems from direction by City Council regarding enforcement of a no sit,
kneel or lie ordinance in certain areas of the City.
ordinance, Section 11-1-202, PMC, would be better suited to accomplish this policy. City
Council directed staff to expand the current loitering ordinance to include lying down and
FINANCIAL IMPLICATIONS:
There are no financial implications for the City.
BOARD/COMMISSION RECOMMENDATION:
Not Applicable.
STAKEHOLDER PROCESS:
Not Applicable.
ALTERNATIVES:
City Council could choose to vote no and maintain the status quo offense of loitering.
RECOMMENDATION:
This Ordinance is at the request of Councilman Joe Latino.
ATTACHMENTS:
1. Redline Ordinance Amending 11-1-202 Loitering
ORDINANCE NO.10964
AN ORDINANCE AMENDING SECTION 11-1-202 OF THE PUEBLO
MUNICIPAL CODE RELATING TO LOITERING
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
Section 11-1-202 - Loitering of the Pueblo Municipal Code is hereby amended to read as
follow: \[brackets\] indicate matter being deleted; underscoring indicates new matter being added.
Sec. 11-1-202. - Loitering.
(a) Definitions. When used in this Section:
(1) Loitering or loiter shall mean remaining idle in essentially one (1) location, to
be dilatory or to tarry and shall include but not be limited to standing around, sitting,
kneeling, sauntering, lying down, or prowling.
(b) It shall be unlawful for any person to loiter:
(1) In a manner which obstructs any public street, highway, alley, \[or\] sidewalk or
entrance to a public facility by hindering, impeding or tending to hinder or impede the
free and uninterrupted passage of vehicles, traffic or pedestrians; or
(2) on any public street, highway, alley, sidewalk or entrance to a public
facility in a manner which would cause a reasonable person passing along the
same to feel afraid, annoyed, harassed, intimidated or molested.
\[(2)\] 3. In or upon any public street, \[public\] highway, \[public\] sidewalk or any
other public place and engage in any act which obstructs or interferes with the free and
uninterrupted use of the property or with any business lawfully conducted in or upon or
facing or fronting on any such public street, public highway, public sidewalk or any other
public place or building, all of which prevents the free and uninterrupted ingress, egress
and regress herein, thereon and thereto; or
\[(3)\] 4. With the intent to interfere with or disrupt the school program or with the
intent to interfere with or endanger school children, in a school building or on school
grounds, not having any reason or relationship involving custody of, or responsibility for,
a pupil or any other specific legitimate reason for being there, and having been asked to
leave by a school administrator or his or her representative or by a peace officer.
(c) It shall not be a defense to a charge under Subsection (b) of this Section that a
(d) Loitering is a Class \[2\] 1 municipal offense.
SECTION 2.
The officers and staff of the City are authorized to perform any and all acts consistent with this
Ordinance and to implement the policies and procedures described therein.
SECTION 3.
This Ordinance shall become effective thirty (30) days after final action by the Mayor.
Action by City Council:
Introduced and initial adoption of Ordinance by City Council on May 27th, 2025.
Final adoption of Ordinance by City Council on June 9th, 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