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City Clerk's Office Item # S9
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: Carla Sikes, City Attorney
SUBJECT: AN ORDINANCE AMENDING SECTIONS 10-1-1, 10-1-2, 10-1-13, AND
11-1-700 OF THE PUEBLO MUNICIPAL CODE RELATING TO PUBLIC
SAFETY IN THE ARKANSAS RIVER AND PROVIDING PENALTIES FOR
VIOLATION THEREOF
SUMMARY:
Attached is a
requirements with similar state regulations applicable within the Arkansas Headwaters
Recreation Area and extend the geographical coverage of the requirements throughout
City limits, to include the Waterworks Park and Whitewater Park. The Ordinance would
the Director of Parks and Recreation to close or restrict particular usage on the Arkansas
River within City limits including within the Waterworks Park and Whitewater Park if
unsafe conditions are present.
PREVIOUS COUNCIL ACTION:
Life jacket requirements within the Arkansas River Legacy Whitewater Park were
instituted by City Council by Ordinance No. 7374 dated September 26, 2005.
BACKGROUND:
Ordinance No. 7374 codified as a Class 2 municipal offense for anyone to be in or enter
the Arkansas River without a life jacket only within the boundaries of the Arkansas River
Legacy Whitewater Park. This is the area of the river commonly known as the kayak
park. The Ordinance was codified within Title XI of the Pueblo Municipal Code.
On May 24, 2025, the City opened Waterworks Park within a section of the Arkansas
River located upriver from the Arkansas River Legacy Park. Since the opening of the
par
rescue operations.
The proposed Ordinance would:
Allow enforceability of safety regulations by park rangers and police officers;
Provide further clarity on the powers of the Director of Parks and Recreation to
enact temporary closure of parks facilities due to unsafe conditions; and
Align life jacket requirements to match those of the Arkansas Headwaters
Recreation Area, which extends from Leadville to the Pueblo reservoir.
FINANCIAL IMPLICATIONS:
Passage of this Ordinance is not expected to have a financial impact.
BOARD/COMMISSION RECOMMENDATION:
Not applicable to this Ordinance.
STAKEHOLDER PROCESS:
Not applicable to this Ordinance.
ALTERNATIVES:
A no-action alternative will maintain the status quo.
RECOMMENDATION:
None.
ATTACHMENTS:
1.
Proposed Ordinance
ORDINANCENO.11029_
AN ORDINANCE AMENDING SECTIONS 10-1-1, 10-1-2, 10-
1-13, AND 11-1-700 OF THE PUEBLO MUNICIPAL CODE
RELATING TO PUBLIC SAFETY IN THE ARKANSAS RIVER
AND PROVIDING PENALTIES FOR VIOLATION THEREOF
SECTION 1.
Chapter 1 of Title X of the Pueblo Municipal Code, as amended, is hereby
amended to read as follows (brackets indicate matter being deleted, underscoring
indicates new matter being added):
Sec. 10-1-1. - Definitions.
. . .
(2) Park shall mean any area used as a park, reservation, zoo, playground,
swim pool, recreation center or facility, golf course or any other area in the City owned
or used by the City and devoted or designated to active or passive recreation, either on
a temporary or permanent basis, including sections of the Arkansas River devoted
or designated to active or passive recreation.
. . .
Sec. 10-1-2. - Power and authority of Director.
(a) The Director is hereby authorized to adopt and promulgate rules and
regulations, in conformity with the ordinances and resolutions of the City concerning the
operation of the Department of Parks and Recreation and the conduct of employees
thereof, and governing behavior and conduct of persons within the parks and
cemeteries. Without in any manner limiting the foregoing authority, the Director may
designate the days and hours during which any park or cemetery shall be open to the
public and may designate at any time any section or part of any park or cemetery to be
closed to the public for any interval of time, either temporarily or at regular and stated
intervals, and post signs to such effect. In case of emergency, or unsafe conditions,
or whenever in the judgment of the Director \[City Council\] the public interest so
demands, any or all of the parks or cemeteries may be closed to the public or limited to
particular uses and all persons may be excluded therefrom or restricted from
particular activities until the emergency or unsafe conditions have \[is\] past or until the
Director \[City Council\] gives permission to reopen such parks or cemeteries to the
public.
. . .
Sec. 10-1-13. Unlawful Acts
. . .
(i) It shall be unlawful and a Class 2 municipal offense for any person
to enter on or be in the Arkansas River within City limits without meeting the
following requirements:
(1) For all occupants of vessels, inner tubes, air mattresses, or
similar devices, a U.S. Coast Guard approved type I, III or V PFD securely
attached to the body is required.
(2) For all persons under the age of 13, a U.S. Coast Guard
approved type I, III or V PFD securely attached to the body is required.
SECTION 2.
Chapter 1 of Title XI of the Pueblo Municipal Code, as amended, is hereby
amended by the deletion of the following:
\[Sec. 11-1-700. Life jackets required in the White Water Park.
It shall be unlawful and a Class 2 municipal offense for any person to enter on or be in
the Arkansas River within the Arkansas River Legacy White Water Park without a U.S.
Coast Guard approved type 1, 2, 3 or 5 personal flotation device being securely
attached to his or her body. For purposes of this Section Arkansas River Legacy White
Water Park means that portion of the Arkansas River commencing where the Arkansas
River flows beneath the northerly edge of the Fourth Street Bridge downstream to one
hundred (100) feet south of the location where the Arkansas River flows beneath the
Santa Fe Bridge, provided, however, that it shall not be unlawful for any person to fish
in or upon the Arkansas River without a personal flotation device in that portion of the
Arkansas River Legacy White Water Park lying between the northerly edge of the Union
Avenue Bridge and the location one hundred (100) feet south of the Santa Fe Bridge.\]
SECTION 3.
The officers and staff of the City are authorized to perform any and all acts
consistent with this Ordinance which are necessary or appropriate to implement and
enforce the policies described therein.
SECTION 4.
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 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