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Home My WebLink About11016ORDINANCENO.11016 AN ORDINANCE AMENDING SECTION 11-1-402 AND 11- 1-403 OF THE PUEBLO MUNICIPAL CODE TO CATEGORIZE DAMAGING, DEFACING OR DESTRUCTION OF PROPERTY BY THE MONETARY VALUE OF THE DAMAGE TO THE REAL OR PERSONAL PROPERTY AND TO ADD A MANDATORY MINIMUM JAIL SENTENCE FOR THOSE CONVICTED THEREOF, AND CREATING SECTION 1-2-1(G)(1)(B) OF THE PUEBLO MUNICIPAL CODE REGARDING A MANDATORY MINIMUM JAIL SENTENCE FOR THOSE CONVICTED AS HABITUAL OFFENDERS HAVING VIOLATED SECTION 11-1-402 OR 11-1-403 OF THE CODE SECTION 1. Section 11-1-402 of Chapter 1 of Title XI of the Pueblo Municipal Code is hereby amended to read as follows brackets indicate matter being removed and underscoring indicates matter being added: Sec. 11-1-402. - Damaging, defacing or destruction of property. (a) It shall be unlawful for any person to knowingly damage, deface, destroy or injure the real or personal property of one (1) or more other persons in the course of a single episode where the aggregate damage to the real or personal property is less than two thousand dollars ($2,000.00). (b) Damaging, defacing or destruction of property is: \[of a value of one thousand dollars ($1,000) or more but less than two thousand dollars ($2,000) is a Class 1 municipal offense, provided that if the person found guilty of violating Subsection (a) was under eighteen (18) years of age on the date of violation, the court shall not impose a jail sentence.\] (i) A class 2 municipal offense where the aggregate damage to the real or personal property involved is less than one hundred dollars ($100). (ii) A class 1 municipal offense where the aggregate damage to the real or personal property involved is one hundred dollars ($100) or more but less than three hundred dollars ($300). Upon a second conviction under this subsection (ii) a mandatory minimum jail sentence of no less than three (3) days shall be imposed by the Court as a part of any sentence. (iii) A class 1 municipal offense where the aggregate damage to the real or personal property involved is three hundred dollars ($300) or more but less than two thousand dollars ($2,000). Upon a conviction under this subsection (iii), a mandatory minimum jail sentence of no less than three (3) days shall be imposed by the Court as part of any sentence. (c) The Court shall neither set aside nor suspend the mandatory minimum jail portion of any sentence imposed as required pursuant to Section 11-1-402(b). The mandatory minimum jail sentence required pursuant to Section 11-1-402(b) shall only apply to those offenders who, at the time of the offense, were eighteen (18) years of age or older. \[Damaging, defacing or destruction of property of a value of up to nine hundred ninety-nine dollars and ninety-nine cents ($999.99) is a Class 2 municipal offense, provided that if the person found guilty of violating Subsection (a) was under eighteen (18) years of age on the date of violation, the court shall not impose a jail sentence.\] SECTION 2. Section 11-1-403 of Chapter 1 of Title XI of the Pueblo Municipal Code is hereby amended to read as follows brackets indicate matter being removed and underscoring indicates matter being added: Sec. 11-1-403. - Damaging, defacing or destruction of City property. (a) It shall be unlawful for any person to knowingly damage, deface, destroy or injure the real or personal property of the City in the course of a single episode where the aggregate damage to the real or personal property is less than two thousand dollars ($2,000.00). (b) Damaging, defacing or destruction of City property is: \[of a value of one thousand dollars ($1,000.00) or more but less than two thousand dollars ($2,000.00) is a Class 1 municipal offense, provided that if the person found guilty of violating Subsection (a) was under eighteen (18) years of age on the date of violation, the court shall not impose a jail sentence.\] (i) A class 2 municipal offense where the aggregate damage to the ($100). (ii) A class 1 municipal offense where the aggregate damage to the more but less than three hundred dollars ($300). Upon a second conviction under this subsection (ii) a mandatory minimum jail sentence of no less than three (3) days shall be imposed by the Court as a part of any sentence. (iii) A class 1 municipal offense where the aggregate damage to the more but less than two thousand dollars ($2,000). Upon a conviction under this subsection (iii), a mandatory minimum jail sentence of no less than three (3) days shall be imposed by the Court as part of any sentence. (c) The Court shall neither set aside nor suspend the mandatory minimum jail portion of any sentence imposed as required pursuant to Section 11-1-402(b). The mandatory minimum jail sentence required pursuant to Section 11-1-402(b) shall only apply to those offenders who, at the time of the offense, were eighteen (18) years of age or older. \[Damaging, defacing or destruction of City property of a value of up to nine hundred ninety-nine dollars and ninety-nine cents ($999.99) is a Class 2 municipal offense, provided that if the person found guilty of violating Subsection (a) was under eighteen (18) years of age on the date of violation, the court shall not impose a jail sentence.\] SECTION 3. Section 1-2-1 of Chapter 2 of Title I of the Pueblo Municipal Code is hereby amended to read as follows brackets indicate matter being removed and underscoring indicates matter being added: Sec. 1-2-1. - General Penalty; continuing violations; adjudging fines and imprisonment. (a) It shall be unlawful for any person to violate, disobey, omit, neglect, refuse or fail to comply with or resist the enforcement of any provision of this Code or any secondary code adopted herein. (b) Where no specific penalty is provided therefor, the violation of any provision of this Code or of any secondary code adopted herein shall be a Class 2 municipal offense and be punished by a fine not exceeding one thousand dollars ($1,000.00), the amount of such fine to rest within the discretion of the Municipal Judge. (c) Unless stated otherwise within the Municipal Code, the Municipal Judge may, in his or her discretion, impose alternative sentencing including but not limited to in- home detention not to exceed three hundred sixty-four (364) days, probation, community service, deferred sentence, deferred prosecution, rehabilitation and educational classes, for any violations of the Municipal Code if he or she determines the alternative sentencing will best serve the intent and purpose of the Municipal Code. (d) The imposition of a penalty shall not excuse any violation, permit it to continue or prevent the enforced removal of prohibited conditions. (e) Unless otherwise indicated, a separate violation shall be deemed committed upon each day or portion thereof during or on which any violation of any provision of this Code or any secondary code adopted herein occurs or continues. (f) The amount by which any imposed fine exceeds three hundred dollars ($300.00) is dedicated to graffiti control and removal and other law enforcement activities as determined by the City Council. Other law enforcement activities shall include any and all alternative sentencing authorized pursuant to Subsection 1-2-1(c). (g) Every person convicted in the City of any municipal offense, when within five (5) years of the date of the commission of said offense has been twice previously convicted of the same offense, separately brought and adjudicated and arising out of separate and distinct criminal episodes in the City, shall be adjudged a habitual offenderandshallbepunished: 1. As a Class 1 municipal offender and the standard base fine for the offense shall be tripled, provided that the fine may be altered at the Court's discretion, but shall not exceed one thousand dollars ($1,000.00); and a. In the event the instant conviction is for Theft from a merchant as provided for in Sec. 11-1-401(b)(iii) and (iv) or for Theft as provided for in Sec. 11-1- 407(b)(iii) and (iv) of this Code, and, at the time of the offense, the offender was eighteen (18) years of age or older, a mandatory minimum jail sentence of no less than three (3) days shall be imposed by the Court as part of any sentence. The Court shall neither set aside nor suspend the mandatory minimum jail portion of any sentence imposed; or b. In the event the instant conviction is for damaging, defacing or destruction of property as provided for in Sec. 11-1- 402(b)(ii) and Sec. 11-1-402(b)(iii) or for damaging, defacing or destruction of City property as provided for in Sec. 11-1- 403(b)(ii) or Sec. 11-1-403(b)(iii) of this Code, and, at the time of the offense, the offender was eighteen (18) years of age or older, a mandatory minimum jail sentence of no less than three (3) days shall be imposed by the Court as part of any sentence. The Court shall neither set aside nor suspend the mandatory minimum jail portion of any sentence imposed. 2. For those convicted of a traffic code violation, the standard base fine for the civil infraction shall be tripled, provided that the fine may be altered at the Court's discretion but shall not exceed one thousand dollars ($1,000.00). (h) Every person convicted in the City of any municipal crime involving violence against another person or animal, when within ten (10) years of the date of the commission of the offense has been twice previously convicted upon similar charges involving violence, separately brought and adjudicated and arising out of separate and distinct criminal episodes in the City, shall be adjudged a habitual criminal and shall be punished as a Class 1 municipal offender. (i) Any person convicted of a crime and sentenced as a habitual offender for violations of Sections 11-4-14 (Dangerous animals; potentially dangerous animals), 11-4- 15 (Restraining), or 11-4-21 (Cruelty to animals; humane care) may, at the discretion of the Municipal Court, be enjoined from owning any animals as defined by Section 11-4-1 of the Pueblo Municipal Code, or otherwise maintaining any animals on their property within the City limits, for up to one (1) year, along with any other appropriate penalty imposed by the Municipal Court. SECTION 4. 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 5. 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 July 28, 2025. Final adoption of Ordinance by City Council on August 11, 2025. President of City Council Action by the Mayor: Approved on . 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 , on Council action on _______ President of City Council ATTEST City Clerk City Clerk's Office Item # R10 Background Paper for Proposed Ordinance COUNCIL MEETING DATE: August 11, 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 11-1-402 AND 11-1-403 OF THE PUEBLO MUNICIPAL CODE TO CATEGORIZE DAMAGING, DEFACING OR DESTRUCTION OF PROPERTY BY THE MONETARY VALUE OF THE DAMAGE TO THE REAL OR PERSONAL PROPERTY AND TO ADD A MANDATORY MINIMUM JAIL SENTENCE FOR THOSE CONVICTED THEREOF, AND CREATING SECTION 1-2-1(G)(1)(B) OF THE PUEBLO MUNICIPAL CODE REGARDING A MANDATORY MINIMUM JAIL SENTENCE FOR THOSE CONVICTED AS HABITUAL OFFENDERS HAVING VIOLATED SECTION 11-1-402 OR 11-1-403 OF THE CODE SUMMARY: Attached for consideration is an Ordinance amending Sections 11-1-402 Damaging, defacing or destruction of property and 11-1-403 Damaging, defacing or destruction of City property, of the Pueblo Municipal Code to break down destruction of property by the value of the real or personal property damaged and provide more specific penalties for each value range. The Ordinance also creates a mandatory minimum jail sentence for those convicted of sub-sections 402 and 403 of Title 11 as well as those convicted as habitual offenders. PREVIOUS COUNCIL ACTION: City Council has from time to time made amendments to the Pueblo Municipal Code to increase penalties and punishments for crime against property, most recently by amending the theft against merchant ordinance to require mandatory minimum jail sentences if convicted of such offense. BACKGROUND: The Ordinance attached for your consideration would create a mandatory minimum 3- day jail sentence for anyone convicted of damage of personal or real property owned by the City and by private individuals where the aggregate damage to the real or personal property is $300 or more. The proposed Ordinance would also create a minimum 3-day jail sentence for any person convicted a second time for property damage where the aggregate damage to the real or personal property is $100 or more. The Ordinance will also create a mandatory minimum 3-day jail sentence for people convicted under this Ordinance and found to be habitual offenders. FINANCIAL IMPLICATIONS: Not applicable to this Ordinance. 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 destruction of property ordinance will remain as it currently exists. RECOMMENDATION: None. ATTACHMENTS: 1. Proposed Ordinance - Destruction of Property