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City Clerk's Office Item # S8
Background Paper for Proposed
Ordinance
COUNCIL MEETING DATE: August 25, 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 11-1-801 OF THE PUEBLO
MUNICIPAL CODE TO REMOVE THE GENERAL POLICY RELATING
TO THE ISSUANCES OF SUMMONS AND COMPLAINT TO PERSONS
LAWFULLY CHARGED WITH AN OFFENSE CONSTITUTING A
VIOLATION OF A MUNICIPAL ORDINANCE
SUMMARY:
Attached is a proposed Ordinance which amends Section 11-1-801 of the Pueblo
Municipal Code to remove the general policy that unless certain conditions are met, the
Pueblo Police Department shall not arrest anyone suspected of violating a municipal
ordinance.
PREVIOUS COUNCIL ACTION:
Sec. 11-1-801, P.M.C. was enacted by way of Ordinance 4949 on March 22, 1982.
BACKGROUND:
This amendment to the Pueblo Municipal Code will remove the restriction that Pueblo
Police Officers shall issue a summons and complaint to all persons lawfully charged with
a violation of a municipal ordinance unless certain specific conditions exist, such as when
the officer has reasonable grounds to believe that the person will disregard the notice or
summons to appear based upon the person's length of residence in the City or the
County or the person's employment in the City or the County.
Under current circumstances, police officers are forced to navigate a se
scenarios, often based on information that is unattainable by the police officer, to
determine whether or not a person should be issued a summons and complaint or be
booked into the Pueblo County Jail and provides for disciplinary actions against the
officer for intentional violation of the policy against arrest.
State law and Police Department Policy provides the procedures and restrictions
regarding when a person may be arrested or issued a summons and complaint. Removal
of this section from the Pueblo Municipal Code would remove restrictions placed upon
the Pueblo Police Department by the City itself.
FINANCIAL IMPLICATIONS:
An unknown financial implication may occur if and when the County Sheriff allows the
booking into the County Jail of persons lawfully charged with violation of a municipal
ordinance.
BOARD/COMMISSION RECOMMENDATION:
Not applicable to this Ordinance.
STAKEHOLDER PROCESS:
Not applicable to this Ordinance.
ALTERNATIVES:
status quo.
RECOMMENDATION:
Approve the Ordinance.
ATTACHMENTS:
1. Proposed Ordinance - Amending Sec. 11-1-801
ORDINANCE NO. 11028
AN ORDINANCE AMENDING SECTION 11-1-801 OF THE
PUEBLO MUNICIPAL CODE TO REMOVE THE GENERAL
POLICY RELATING TO THE ISSUANCES OF SUMMONS
AND COMPLAINT TO PERSONS LAWFULLY CHARGED
WITH AN OFFENSE CONSTITUTING A VIOLATION OF A
MUNICIPAL ORDINANCE
WHEREAS, City Council determines that amending Section 11-1-801 of the Pueblo
Municipal Code will protect the health, safety, and welfare of the public; NOW,
THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
Section 11-1-801 of the Pueblo Municipal Code is hereby amended as follows:
Sec. 11-1-801. Reserved \[General policy.\]
\[(a) The general policy relating to arrest shall favor issuances of a summons
and complaint instead of the arrest of a person; therefore, all persons who may be lawfully
charged with an offense constituting a violation of a municipal ordinance shall be issued
a summons and complaint and released without bond upon executing a written promise
to appear at the time and place indicated on the summons and complaint, except in the
following cases:
(1) When a person refuses to give a written promise to appear in court
as provided on the summons and complaint after being advised such refusal will
result in the arrest of the person.
(2) When the person refuses to disclose his or her identity after being
advised such refusal will result in the arrest of the person.
(3) When the officer has reasonable and probable grounds to believe
that the person will disregard the notice or summons to appear. In determining the
likelihood that the person will disregard the notice, the officer shall consider:
a. The person's length of residence in the City or the County;
b. The person's employment in the City or the County; and
c. The person's past history of response to legal process and
past criminal history.
(4) When the officer has reasonable and probable grounds to believe
that:
a.The person will continue in a breach of peace; or
b. The immediate safety of the person or other persons would
be best served by arresting the person.
(b) The intentional disregard of the general policy relating to arrest set forth in
this Section by any officer or employee of the City shall constitute grounds for disciplinary
action.\]
SECTION 2.
The officers and staff of the City are authorized and directed to perform any and
all acts consistent with this Ordinance to implement the policies and procedures described
herein.
SECTION 3.
This Ordinance shall become effective upon final passage.
Action by City Council:
Introduced and initial adoption of Ordinance by City Council on August 11, 2025.
Final adoption of Ordinance by City Council on August 25, 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