HomeMy WebLinkAbout11201Docusign Envelope ID: A98358B4-1C09-8300-82BF-E8782E730055
ORDINANCE NO. 11201
AN ORDINANCE AMENDING SECTION 11-1-406 OF THE
PUEBLO MUNICIPAL CODE TO CLASSIFY TRESPASS
AND TO MAKE TRESPASS TO A DWELLING OR A
VACANT BUILDING A CLASS 1 MUNICIPAL OFFENSE
WHEREAS, the City of Pueblo is a home rule municipality organized and existing
under Article XX of the Colorado Constitution, which vests in home rule municipalities
plenary authority over matters of local concern, including the definition, classification, and
punishment of municipal offenses; and
WHEREAS, the Pueblo Police Department has identified a recurring pattern of
trespass into vacant buildings within the City of Pueblo that has been accompanied by an
increase in fires and property damage to those buildings; and
WHEREAS, vacant buildings present a heightened risk of fire damage, structural
collapse, and harm to first responders and adjacent property owners when unauthorized
persons gain entry; and
WHEREAS, Section 11-1-406 of the Pueblo Municipal Code currently classifies all
trespass as a Class 2 municipal offense, which under Section 11-1-103(c) of the Pueblo
Municipal Code does not authorize a term of imprisonment and therefore does not permit
detention upon arrest; and
WHEREAS, the Pueblo County Detention Center accepts intake of arrestees
charged with Class 1 municipal offenses, which under Section 11-1-103(b) of the Pueblo
Municipal Code authorizes imprisonment for not more than three hundred sixty-four (364)
days; and
WHEREAS, Colorado law classifies the knowing and unlawful entry into a dwelling
of another that is not inhabited or occupied as first degree criminal trespass under C.R.S.
§ 18-4-502(1)(a), aclass 1 misdemeanor forwhich C.R.S. § 18-1.3-501 (1)(a.5) authorizes
a maximum penalty of three hundred sixty-four (364) days imprisonment and a fine of one
thousand dollars ($1,000), classifies the unlawful entry upon other enclosed or posted
premises as second degree or third degree criminal trespass under C.R.S. §§ 18-4-503
and 18-4-504, petty offenses for which C.R.S. § 18-1.3-503(1.5) authorizes a maximum
penalty of ten (10) days imprisonment and a fine of three hundred dollars ($300), and
classifies the entry into a dwelling that is inhabited or occupied as a class 6 felony under
C.R.S. § 18-4-502(2)(a) within the jurisdiction of the district courts; and
WHEREAS, the Colorado Supreme Court held in In re People v. Camp, In re
People v. Simons, 2025 CO 64 (Dec. 22, 2025), that when a municipal ordinance and a
state statute prohibit identical conduct, the municipal penalties for such conduct may not
exceed the corresponding state penalties the maximum penalty for a Class 1 municipal
offense under Section 11-1-103(b) of the Pueblo Municipal Code is identical to the
maximum penalty authorized for a class 1 misdemeanor under C.R.S. § 18-1.3-
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501(1)(a.5), and the penalty for trespass to a vacant building is limited herein so as not
to exceed the maximum penalty for the corresponding petty offense; and
WHEREAS, the City Council finds that classifying trespass to a dwelling and
trespass to a vacant building as Class 1 municipal offenses, with the penalty for trespass
to a vacant building limited as set forth herein, is necessary to give the Pueblo Police
Department a custodial enforcement tool calibrated to the heightened public safety risk
posed by unauthorized entry into vacant structures, to deter the conduct associated with
fires and property damage to those structures, and that the penalties so authorized do
not exceed the corresponding state penalties for the same conduct; NOW, THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
Section 11-1-406 of Chapter 1 of Title XI of the Pueblo Municipal Code is hereby
amended to read as follows:
Sec. 11-1-406. - Trespass.
(a) It [is] shall be unlawful [and a Class 2 municipal offense] for any person
to enter or remain upon the premises of another when consent to enter or remain is
absent, denied or withdrawn by the owner, occupant or person having lawful control
thereof.
Trespass is:
C0 A Class 2 municipal offense if the premises is neither a dwelling
nor a vacant building.
ii A Class 1 municipal offense if the premises is a dwelling.
iii A Class 1 municipal offense if the premises is a vacant building;
provided, however, that the maximum penalty imposed for a violation of this
subsection (b)(iii) shall not exceed the maximum penalty for a petty offense
under C.R.S. & 18-1.3-5030.5), or its successor provision.
([b]c) It shall be prima facie evidence that consent is absent, denied or withdrawn
to enter or remain upon the premises of another when:
(1) Any person fails or refuses to remove himself or herself from said
premises when requested to leave by the owner, occupant or person having lawful
control thereof;
(2) Such premises are locked, boarded up or fenced or otherwise
enclosed in a manner designed to exclude intruders; or
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(3) Such premises are not open to the public and are posted with
conspicuous signs that give notice that entrance therein is forbidden. Conspicuous
signs means signs that are at least one (1) square foot in size and sufficiently
lighted to be clear and visible and posted in a conspicuous location.
([c]d) For the purpose of this Section, premises means any privately or publicly
owned real property, buildings, structures and other improvements thereon, but shall not
include motor vehicles or [dwellings] a dwelling that is inhabited or occupied at the
time of the offense.
(e) For the purpose of this Section, dwelling means a building which is
used, intended to be used, or usually used by a person for habitation.
For the purpose of this Section, vacant building means a building or
structure, other than a dwelling, that is unoccupied for active business or other
lawful use and that exhibits one or more of the following: (i) doors, windows, or
other openings boarded, secured, or otherwise sealed to prevent entry; (ii) utilities
disconnected at the meter; (iii) the building has been posted as vacant,
condemned, dangerous, or unsafe by the City or by the owner or owner's agent;
(iv) the building has been placarded by the Fire Department or the Building Official;
or (v) the building has been continuously unoccupied for ninety (90) days or more.
SECTION 2.
The officers and staff of the City are authorized 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 immediately upon final passage and
approval.
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Action by City Council:
Introduced and initial adoption of Ordinance by City Council on June 8, 2026.
Final adoption of Ordinance by City Council on June 22, 2026.
Action by the Mayor:
U Approved on 06/24/2026
❑ Disapproved on
w-^-�DacuSigned by:
President oiys ouncil
based on the following objections-
SignedMayor
Action by City Council After Disapproval by the Mayor:
0
0
❑■
Council did not act to override the Mayor's veto.
Ordinance re -adopted on a vote of
on
Council action on failed to override the Mayor's veto.
President of City Council
ATTEST Docusignedby:
42
City Clerk
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City Clerk's Office Item # S5
Background Paper for Proposed
Ordinance
COUNCIL MEETING DATE: June 22, 2026
TO: President Mark Aliff and Members of City Council
CC: Mayor Heather Graham
VIA: Clyde Bishop, City Clerk
FROM: Chris Noeller, Chief of Police
SUBJECT: AN ORDINANCE AMENDING SECTION 11-1-406 OF THE PUEBLO
MUNICIPAL CODE TO CLASSIFY TRESPASS AND TO MAKE
TRESPASS TO A DWELLING OR A VACANT BUILDING A CLASS 1
MUNICIPAL OFFENSE
SUMMARY:
This proposed Ordinance amends Section 11-1-406 of the Pueblo Municipal Code to
classify the offense of trespass according to the type of premises entered. Trespass
remains a Class 2 municipal offense in general, becomes a Class 1 municipal offense
when the premises is a dwelling, and becomes a Class 1 municipal offense for which the
penalty is limited to the maximum penalty for a petty offense under state law when the
premises is a vacant building. The Ordinance also adds definitions of dwelling and vacant
building and revises the definition of premises so that the enhanced classifications reach
only unoccupied structures.
PREVIOUS COUNCIL ACTION:
None.
BACKGROUND:
This Ordinance is proposed at the request of the Mayor and the Police Chief in response
to a recurring pattern of unauthorized entry into vacant structures within the City, which
has been accompanied by an increase in fires and property damage to those structures.
The Pueblo County Detention Center has agreed to accept the intake of arrestees
charged with certain Class 1 municipal offenses, which makes a custodial enforcement
response available where it previously was not.
Section 11-1-406 currently classifies all trespass as a Class 2 municipal offense. Under
Section 11-1-103(c) of the Pueblo Municipal Code, a Class 2 municipal offense
authorizes a fine but no term of imprisonment, and therefore does not support detention
upon arrest. The proposed amendment replaces that single classification with graduated
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classifications keyed to the type of premises entered
The classifications are calibrated to comply with the Colorado Supreme Court's decision
in In re People v. Camp; In re People v. Simons, 2025 CO 64 (Dec. 22, 2025), which
holds that a home rule municipality may not impose a penalty exceeding the state penalty
for the same conduct. Entry into a dwelling that is not inhabited or occupied corresponds
to first degree criminal trespass, a class 1 misdemeanor under state law, so the
Ordinance classifies that conduct as a Class 1 municipal offense, the maximum penalty
for which is identical to the corresponding state penalty. Entry into a vacant building that
is not a dwelling corresponds to second degree or third degree criminal trespass, both
petty offenses, so the Ordinance limits the penalty for that conduct to the petty offense
maximum of ten days imprisonment and a three hundred dollar fine. Entry into a dwelling
that is inhabited or occupied remains a felony under state law within the jurisdiction of
the district courts, and that conduct is excluded from the municipal offense.
FINANCIAL IMPLICATIONS:
There are no direct financial implications for the City arising from this Ordinance. Any
detention of arrestees charged under the Ordinance would occur under the City's existing
intake arrangement with the Pueblo County Detention Center.
BOARD/COMMISSION RECOMMENDATION:
Not applicable.
STAKEHOLDER PROCESS:
The proposed amendment was reviewed by the Pueblo Municipal Court and the City
Attorney's Office.
ALTERNATIVES:
If this Ordinance is not approved, trespass will remain a Class 2 municipal offense in all
cases. That classification authorizes a fine but no term of imprisonment, so the Police
Department will continue to lack a custodial enforcement tool for trespass into dwellings
and vacant buildings, and detention upon arrest will not be available for that conduct.
RECOMMENDATION:
Approval of the Ordinance.
ATTACHMENTS:
1. Ordinance