HomeMy WebLinkAbout11275Docusign Envelope ID: 6BC12977-68D0-8081-82EB-B88AA65A5155
ORDINANCE NO. 11275
AN ORDINANCE AMENDING SECTION 15-1-4 OF THE PUEBLO
MUNICIPAL CODE TO CORRECT TRANSCRIPTION ERRORS IN
SECTIONS 1401 AND 1402 OF THE MODEL TRAFFIC CODE
(RECKLESS AND CARELESS DRIVING) TO CONFORM TO
SECTIONS 42-4-1401 AND 42-4-1402, C.R.S.
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
Section 1401 of the Model Traffic Code, as adopted by reference in Section 15-1-1 of the
Pueblo Municipal Code and set out among the amendments in Section 15-1-4 of the Pueblo
Municipal Code, is hereby amended to read as follows:
1401. Reckless driving.
(1) A person who drives a motor vehicle, bicycle, electrical assisted bicycle, electric
scooter, or low -power scooter in such a [matter] manner as to indicate either a wanton or
a willful disregard for the safety of [the] persons or property is guilty of reckless driving. A
person convicted of reckless driving of a bicycle, electrical assisted bicycle, or electric
scooter is not subject to section [42-4-127] 42-2-127.
SECTION 2
Section 1402 of the Model Traffic Code, as adopted by reference in Section 15-1-1 of the
Pueblo Municipal Code and set out among the amendments in Section 15-1-4 of the Pueblo
Municipal Code, is hereby amended to read as follows:
1402. Careless driving.
(1) A person who drives a motor vehicle, bicycle, electr[0069]ical assisted bicycle, electric
scooter, or low -power scooter in a careless and imprudent [matter] manner, without due
regard for the width, grade, curves, corners, traffic, and use of the streets and highways
and all other attendant circumstances, is guilty of careless driving. A person convicted of
careless driving of a bicycle, electrical assisted bicycle, or electric scooter is not subject
to section 42-2-127.
SECTION 3.
The officers and staff of the City are authorized and directed to perform any and all acts
consistent with the intent of this Ordinance to effectuate the policies and procedures described
herein.
Docusign Envelope ID: 6BC12977-68D0-8081-82EB-B88AA65A5155
SECTION 4
This Ordinance shall become effective thirty (30) days following final passage.
Action by City Council:
Introduced and initial adoption of Ordinance by City Council on September 14, 2026.
Final adoption of Ordinance by City Council on September 28, 2026.
DocuSigned by:
MtvU(iff
President of Ci y (ounce
Action by the Mayor:
Approved on _
Disapproved on
09/30/2026
based on the following objections:
Mayor
P
❑ 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 EiDOGUSigned by:
City Clerk
Docusign Envelope ID: 6BC12977-68D0-8081-82EB-B88AA65A5155
City Clerk's Office Item # S3
COUNCIL MEETING DATE: September 28, 2026
TO: President Mark Aliff and Members of City Council
CC: Mayor Heather Graham
VIA: Clyde Bishop, City Clerk
FROM: Harley Gifford, Deputy City Attorney
SUBJECT: AN ORDINANCE AMENDING SECTION 15-1-4 OF THE PUEBLO
MUNICIPAL CODE TO CORRECT TRANSCRIPTION ERRORS IN
SECTIONS 1401 AND 1402 OF THE MODEL TRAFFIC CODE
(RECKLESS AND CARELESS DRIVING) TO CONFORM TO SECTIONS
42-4-1401 AND 42-4-1402, C.R.S.
SUMMARY:
This Ordinance corrects four transcription errors: three in Section 1401 of the Model
Traffic Code (reckless driving) and one in Section 1402 (careless driving) as that Code
is in force in Pueblo through the adoption by reference in Section 15-1-1. The errors
originate in the State's 2024 Revision 1.0 edition of the Model Traffic Code and are
corrected to conform Sections 1401 and 1402 to the language of Sections 42-4-1401 (1)
and 42-4-1402(1), C.R.S.
PREVIOUS COUNCIL ACTION:
On December 8, 2025, City Council adopted Ordinance No. 11086, which adopted the
2024 Revision 1.0 Model Traffic Code as the Pueblo Traffic Code.
BACKGROUND:
Section 1401 of the Model Traffic Code defines the offense of reckless driving. Section
1402 of the Model Traffic Code defines the offense of careless driving. Both are in force
in Pueblo through the adoption by reference in Section 15-1-1; Section 15-1-2 makes
their violation a municipal offense. Sections 1401 and 1402 were not among the Model
Traffic Code sections amended by the City in Ordinance No. 11086, so the language in
force is the language of the State's 2024 edition.
The 2024 edition contains three transcription errors in Section 1401 (reckless driving)
that the corresponding State statute, Section 42-4-1401(1), C.R.S., does not. It reads "in
such a matter" where the statute reads "in such a manner," and "the safety of the persons
or property" where the statute reads "the safety of persons or property."
Docusign Envelope ID: 6BC12977-68D0-8081-82EB-B88AA65A5155
Neither error was introduced by the City. The inserted word "the" does not appear in
Section 42-4-1401 (1), C.R.S., in the 1995 Model Traffic Code, or in the reckless driving
provisions of other states' model codes, and the word "matter" is meaningless in context.
The 2024 edition also cites "section 42-4-127" in Section 1401 where the statute reads
"section 42-2-127"; Section 42-4-127 does not correspond to the provision referenced,
and Section 1402 of the same 2024 edition cites Section 42-2-127 correctly.
The 2024 edition also contains transcription errors in Section 1402 (careless driving) that
the corresponding State statute, Section 42-4-1402(1), C.R.S., does not. Section 1402
contains the same error as Section 1401, reading "in a careless and imprudent matter"
where the statute reads "manner". The word "matter" is meaningless in context. Section
1402 also contains a random typographical error in the first sentence which reads, "A
person who drives a motor vehicle, bicycle, electr0069cal assisted bicycle, electric
scooter..." Careless driving is charged regularly in Municipal Court and therefore, these
errors are both corrected herein as well.
Consistent with Section 3-18 of the City Charter, Sections 1401 and 1402 are set forth
in full, as amended, in Section 15-1-4, P.M.C., with deleted matter shown in brackets
and added matter underscored.
FINANCIAL IMPLICATIONS:
There are no financial implications for the City.
BOARD/COMMISSION RECOMMENDATION:
Not applicable to this Ordinance.
STAKEHOLDER PROCESS:
The correction was reviewed by the Municipal Court and the Department of Law.
ALTERNATIVES:
If this Ordinance is not approved, Sections 1401 and 1402 will remain in force with the
transcription errors, and leaving cases open to potential dismissal by the Court.
RECOMMENDATION:
Approval of the Ordinance.
ATTACHMENTS:
1. Ordinance