HomeMy WebLinkAbout11280Docusign Envelope ID: 3770CE1 C-0038-84B5-8353-6C77E8E46A50
ORDINANCE NO. 11280
AN ORDINANCE AMENDING TITLE XV OF THE PUEBLO
MUNICIPAL CODE BY THE ADDITION OF A NEW SECTION 15-
1-25 ENTITLED "AUTOMATED VEHICLE IDENTIFICATION
SYSTEM SPEED ENFORCEMENT" TO AUTHORIZE THE USE
OF AUTOMATED VEHICLE IDENTIFICATION SYSTEMS FOR
THE DETECTION OF SPEED VIOLATIONS WITHIN
DESIGNATED CORRIDORS AND ELIGIBLE LOCATIONS
PURSUANT TO C.R.S. SECTION 42-4-110.5
WHEREAS, 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 regulation of vehicular traffic on public streets within the
City; and
WHEREAS, the Colorado General Assembly has declared that the enforcement of
traffic laws through the use of automated vehicle identification systems is a matter of statewide
concern requiring uniform state standards, C.R.S. Section 42-4-110.5(1); and
WHEREAS, C.R.S. Section 42-4-110.5(2), as amended by S.B. 23-200 (effective June
5, 2023), S.B. 24-195 (effective June 5, 2024), and S.B. 26-152 (signed by Governor Polis on
June 2, 2026, effective August 12, 2026), authorizes a municipality to adopt an ordinance
authorizing the use of an automated vehicle identification system to detect violations of traffic
regulations adopted by the municipality or violations of state traffic law, subject to the conditions
and limitations set forth in that section; and
WHEREAS, C.R.S. Section 42-4-110.5(2)(g)(I) specifies that the City may issue a notice
of violation or civil penalty assessment notice for a speed violation detected by an AVIS only if
the violation occurred within a school zone, a residential neighborhood, a maintenance,
construction, or repair zone, along a street bordering a municipal park, or along a street
designated as an Automated Vehicle Identification Corridor by ordinance or resolution of the
City Council; and
WHEREAS, the City Council deems it necessary and appropriate to amend the Pueblo
Municipal Code to establish a programmatic framework for AVIS speed enforcement that
conforms to C.R.S. Section 42-4-110.5 and provides for the designation of specific AVIS
corridors by separate ordinance; and
WHEREAS, the Pueblo Police Department has documented sustained patterns of
speeding, traffic crashes, and traffic fatalities on multiple streets within the City, and has
determined that traditional law enforcement methods alone have not been sufficient to reduce
crash frequency and severity on those streets to acceptable levels. NOW, THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
Title XV, Chapter 1 of the Pueblo Municipal Code is hereby amended by the addition of
a new Section 15-1-25, to read as follows:
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Sec. 15-1-25. Automated Vehicle Identification System Speed Enforcement.
(a) Definitions. As used in this Section, unless the context otherwise requires:
(1) "Automated Vehicle Identification System" or "AVIS" means a system whereby
a machine is used to automatically detect a violation of a speed regulation and
simultaneously record a photograph of the vehicle and the license plate of the
vehicle, and a notice of violation or civil penalty assessment notice may be issued
to the registered owner of the motor vehicle. The term does not include traffic
signal cameras governed by Section 15-1-10 of this Code and does not include
automated license plate reader systems as defined in C.R.S. Section 24-31-1301.
(2) "AVIS Corridor" means a street or portion of a street within the City that the
City Council has designated as an Automated Vehicle Identification Corridor by
ordinance adopted pursuant to subsection (d) of this Section.
(3) "Civil Penalty Assessment Notice" or "CPAN" means a notice issued to the
registered owner of a motor vehicle after the registered owner has failed to
respond to a Notice of Violation by the deadline stated on the Notice of Violation.
(4) "Mobile AVIS" means an Automated Vehicle Identification System designed to
detect traffic violations that (A) is capable of being relocated between
enforcement locations; (B) may be installed within or mounted to a motor vehicle,
including a van, sport utility vehicle, or similar vehicle platform; (C) does not
include a device or system installed in or mounted to a trailer, except that a device
or system installed in or mounted to a trailer is considered mobile if it is moved to
a new location within 72 hours after being deployed or is deployed in a
maintenance, repair, or construction zone designated pursuant to C.R.S. Section
42-4-614 or a school zone as defined in C.R.S. Section 42-4-615; and (D) is
generally used to provide flexibility to address temporary enforcement in high -risk
traffic areas or shifting traffic patterns.
(5) "Notice of Violation" or "NOV" means a notice issued to the registered owner
of a motor vehicle involved in an alleged speed violation detected by an AVIS.
(6) "Registered Owner" means the person in whose name a motor vehicle is
registered with the Colorado Department of Revenue or with the vehicle
registration authority of any other state.
(7) "Residential Neighborhood" means any block on which a majority of the
improvements along both sides of the street are residential dwellings and the
speed limit is 35 mph or less.
(b) Authorization. The City of Pueblo is hereby authorized to use an Automated Vehicle
Identification System to detect speed violations of the traffic regulations adopted by the
City or speed violations under state law, subject to the conditions and limitations set
forth in this Section and in C.R.S. Section 42-4-110.5, as amended.
(c) Geographic Eligibility. The City may issue a Notice of Violation or Civil Penalty
Assessment Notice for a speed violation detected using an AVIS only if the violation
occurred within one or more of the following locations:
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(1) A school zone, as defined in C.R.S. Section 42-4-615;
(2) A residential neighborhood, as defined in subsection (a)(7) of this Section;
(3) A maintenance, construction, or repair zone designated pursuant to C.R.S.
Section 42-4-614;
(4) A street that borders a municipal park; or
(5) A street or portion of a street that the City Council has designated as an AVIS
Corridor by ordinance adopted pursuant to subsection (d) of this Section.
(d) AVIS Corridor Designation.
(1) The City Council may, by ordinance, designate one or more streets or portions
of streets within the City as AVIS Corridors on which the City may locate an AVIS
to detect speed violations.
(2) Before the City Council designates a street as an AVIS Corridor, the City shall
compile and present to the City Council quantitative data collected within the past
five years illustrating incidents of crashes, speeding, or reckless driving on the
street proposed for designation, as required by C.R.S. Section 42-4-
110.5(2)(g)(1.7)(C). Community complaints may supplement but shall not substitute
for quantitative data.
(3) Before the City designates an AVIS Corridor on a state highway, the City shall
notify and coordinate with the Colorado Department of Transportation and the
Colorado State Patrol as required by C.R.S. Section 42-4-110.5(2)(g)(1.3), (1.4), and
(1.5). No AVIS shall be operated on a state highway within a designated AVIS
Corridor until all required coordination and permitting with the Colorado
Department of Transportation and the Colorado State Patrol has been completed.
(4) The City shall not locate an AVIS or designate an AVIS Corridor on any
highway that is part of the federal interstate highway system.
(e) Signage Requirements.
(1) AVIS Corridor Signage. Before the City begins operation of an AVIS in an AVIS
Corridor, the City shall: (A) post a permanent sign in a conspicuous place not
fewer than 300 feet before the beginning of the corridor; and (B) post a permanent
sign not fewer than 300 feet before each fixed camera within the corridor, or a
temporary sign not fewer than 300 feet before any mobile camera.
(2) General AVIS Signage. The City shall not use an AVIS to detect a speed
violation unless there is posted an appropriate temporary or permanent sign in a
conspicuous place not fewer than 300 feet before the area in which the AVIS is to
be used, notifying the public that an AVIS is in use immediately ahead. This
requirement shall not be deemed satisfied by the posting of a permanent sign at
the borders of the City.
(f) New System Public Notification. For any new AVIS deployed within the City that is not
a replacement of an existing AVIS:
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(1) Public Announcement. The City shall publicly announce the implementation of
the AVIS on the City's official website and on the City's social media accounts, if
any, for at least 30 days prior to the activation of the system. Each fixed camera
location, and each initial Mobile AVIS deployment location within an AVIS
Corridor, shall be treated as a discrete system for purposes of this notice
requirement.
(2) Per -Location Sign. At least 30 days before the AVIS is activated at a given
location, the City shall post a sign at that location announcing the upcoming use
of an AVIS. The sign shall use lettering that is at least four inches high for
uppercase letters and three inches high for lowercase letters.
(3) Warning Period. For the first 30 days after the AVIS is installed or deployed at a
given location, only warnings shall be issued for speed violations detected by the
system at that location, and such warnings shall be issued and delivered in
writing. No civil penalty shall be imposed during this 30 -day warning period.
(4) Mobile AVIS Relocation Within Corridor. The requirements of subsections
(f)(1), (f)(2), and (f)(3) of this Section do not apply to a Mobile AVIS that has been
moved to a new location within the same established AVIS Corridor. Relocation of
a Mobile AVIS to a new AVIS Corridor, or to a location not within an established
AVIS Corridor, constitutes a new deployment requiring compliance with
subsections (f)(1), (f)(2), and (f)(3) at the new location.
(5) Extended Notice. The City may, in its discretion, conduct an extended public
information campaign or warning period, or post additional signs, beyond the
minimum requirements of this subsection (f).
(g) Civil Penalty Schedule.
(1) First Violation Warning. If the City detects a speed violation of less than 6 mph
over the reasonable and prudent speed through the use of an AVIS, and the
violation is the first violation by the registered owner that the City has detected
using an AVIS, the City may mail the registered owner a warning regarding the
violation. The City shall not impose any penalty or surcharge for such first
violation, except that if the violation occurs within a school zone as defined in
C.R.S. Section 42-4-615 or within a maintenance, construction, or repair zone
designated pursuant to C.R.S. Section 42-4-614, the maximum civil penalty the
City may impose for such violation, including any surcharge, is $40.00.
(2) Six -to -Ten MPH First Violation. If the City detects a speed violation of at least 6
mph and less than 10 mph over the reasonable and prudent speed through the
use of an AVIS, and the violation is the first violation by the registered owner that
the City has detected using an AVIS, the City shall mail the registered owner a
written warning regarding the violation. The City shall not impose any penalty or
surcharge for such first violation, except that if the violation occurs within a
school zone as defined in C.R.S. Section 42-4-615 or within a maintenance,
construction, or repair zone designated pursuant to C.R.S. Section 42-4-614, the
maximum civil penalty the City may impose for such violation, including any
surcharge, is: (A) $40.00 for violations occurring through December 31, 2034; and
(B) $50.00 for violations occurring on or after January 1, 2035, consistent with
C.R.S. Section 42-4-110.5(4)(a) as amended.
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(3) Standard Maximum Civil Penalty. For a second or subsequent speed violation
of at least 6 mph and less than 10 mph over the reasonable and prudent speed, or
for any speed violation of at least 10 mph and less than 25 mph over the
reasonable and prudent speed, the maximum civil penalty the City may impose,
including any surcharge, is: (A) $40.00 for violations occurring through December
31, 2034; and (B) $50.00 for violations occurring on or after January 1, 2035,
consistent with C.R.S. Section 42-4-110.5(4)(b) as amended.
(4) School Zone and Construction Zone Doubling. If a speed violation described in
subsection (g)(3) of this Section occurs within a school zone as defined in C.R.S.
Section 42-4-615 or within a maintenance, construction, or repair zone designated
pursuant to C.R.S. Section 42-4-614, the maximum civil penalty, including any
surcharge, is doubled to: (A) $80.00 for violations occurring through December 31,
2034; and (B) $100.00 for violations occurring on or after January 1, 2035,
consistent with C.R.S. Section 42-4-110.5(4)(b)(II) as amended.
(5) Twenty -Five MPH and Above. If the City detects a speed violation of 25 mph or
more over the reasonable and prudent speed through the use of an AVIS, the
maximum civil penalty the City may impose, including any surcharge, is: (A)
$120.00 for violations occurring through December 31, 2034; and (B) $150.00 for
violations occurring on or after January 1, 2035, consistent with C.R.S. Section 42-
4-110.5(4)(c) as amended.
(6) Municipal Judge Fine Schedule. The presiding Municipal Judge shall adopt and
include with the schedule of designated fines adopted under Section 15-1-2 of this
Chapter a designated schedule for civil penalties imposed under this Section,
consistent with the caps established in this subsection (g) and in C.R.S. Section
42-4-110.5(4).
(h) Variable or Temporarily Lowered Speed Limits.
(1) If a variable speed limit is in effect or a speed limit is otherwise temporarily
lowered due to hazardous weather or other traffic conditions, the City shall issue
a Notice of Violation and civil penalty under this Section only for a speed violation
that exceeds the regular maximum posted speed limit for that location that is
typically in effect when a variable speed limit is not in effect and the speed limit is
not otherwise temporarily lowered.
(2) Subsection (h)(1) of this Section does not apply when a speed limit is
temporarily lowered due to a maintenance, repair, or construction zone
designated pursuant to C.R.S. Section 42-4-614.
(i) Notice of Violation.
(1) If the City detects an alleged speed violation through the use of an AVIS, the
City shall issue, or cause its vendor to issue, a Notice of Violation to the
registered owner of the motor vehicle involved in the alleged violation, by first-
class mail, personal service, or any equivalent or superior mail delivery service:
(A) Within 30 days after the alleged violation occurred if the motor vehicle
is registered in Colorado; or
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(B) Within 60 days after the alleged violation occurred if the motor vehicle
is registered outside of Colorado.
(2) The Notice of Violation shall contain:
(A) The name and address of the registered owner;
(B) The license plate number of the motor vehicle;
(C) The date, time, and location of the alleged violation;
(D) The amount of the prescribed civil penalty;
(E) The deadline for payment or for disputing the alleged violation, which
deadline shall not be less than 45 days after the issuance date on the
Notice of Violation; and
(F) Information on how the registered owner may either dispute the alleged
violation in a hearing or pay the prescribed civil penalty.
(3) No Notice of Violation prepared by any vendor shall be mailed or served upon
a registered owner until the notice and the information upon which it is based has
been individually reviewed and approved by a City peace officer or by a non -
sworn City employee designated in writing by the Chief of Police for that purpose.
(j) Civil Penalty Assessment Notice.
(1) If the City does not receive the prescribed civil penalty, a written notice
requesting a hearing, or an affidavit of non -liability under subsection (n) by the
deadline stated on the Notice of Violation, the City shall issue, or cause its vendor
to issue, a Civil Penalty Assessment Notice to the registered owner by first-class
mail, personal service, or equivalent or superior mail delivery service, no later
than 30 days after the deadline on the Notice of Violation.
(2) The Civil Penalty Assessment Notice shall contain: (A) the name and address
of the registered owner; (B) the license plate of the motor vehicle; (C) the date,
time, and location of the alleged violation; (D) the amount of the prescribed civil
penalty; (E) the deadline for payment; and (F) information on how to pay the
prescribed civil penalty.
(3) If the registered owner fails to request a hearing by the deadline stated in the
Notice of Violation, the registered owner waives any right to contest the violation
or the amount of the prescribed civil penalty.
(4) Default Judgment. If the registered owner to whom a Civil Penalty Assessment
Notice has been issued fails to pay the prescribed civil penalty or otherwise
respond to the Notice by timely seeking a hearing, the Clerk of the Pueblo
Municipal Court or Traffic Violations Bureau shall send a second notice by
certified mail, return receipt requested, to the registered owner, warning the
registered owner that in the event such second notice is disregarded for a period
of 20 days from the date of mailing, default judgment will be entered. If the second
notice is disregarded for a period of 20 days from the date of mailing, the Clerk of
the Municipal Court shall enter default judgment, which identifies the vehicle
involved in the violation, and transmit the same to the Pueblo Police Department.
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(k) Hearing and Appeal.
(1) Hearing. If a hearing is timely requested to contest liability under this Section,
adjudication of the liability imposed upon registered owners by this Section shall
be by the Municipal Judge, or one of the Assistant Municipal Judges, sitting as an
administrative hearing officer for the Traffic Violations Bureau. In hearings to
determine liability under this Section, it shall be the City's burden to prove liability
by a preponderance of the evidence. The proceedings shall be conducted
informally without strict adherence to the rules of evidence, provided that
testimony and exhibits received and considered shall have sufficient indicia of
authenticity and reliability so as to constitute competent evidence. The signed
officer review required by subsection (i)(3) of this Section, together with the
photographic and recorded information produced by the AVIS, shall constitute the
City's case -in -chief. The City Prosecutor shall not be required to appear at
hearings held under this subsection.
(2) Appeal. Final orders of liability entered under this Section may be appealed by
the registered owner as to matters of law and fact to the County Court of Pueblo
County, Colorado, in accordance with C.R.S. Section 42-4-110.5(2)(a)(VIII). The
appeal shall be a de novo hearing. The registered owner may assert on appeal that
a Notice of Violation served by first-class mail or other mail delivery service was
not actually delivered.
(I) No Points Assessment; No DMV Reporting. No violation detected by an AVIS under
this Section shall result in the assessment of points against a driver's license or be
reported to the Colorado Department of Revenue as a conviction or entry of judgment.
The AVIS speed enforcement program established by this Section is exclusively a civil,
non -criminal penalty system.
(m) No Vehicle Immobilization. The City shall not attempt to enforce an unpaid AVIS civil
penalty by immobilizing (booting) the registered owner's vehicle.
(n) Defenses and Limitations on Owner Liability.
(1) Driver Privacy. The City shall not require a registered owner to disclose the
identity of the driver of the vehicle at the time of the alleged violation.
(2) Owner Responsibility; Enumerated Exceptions. The registered owner of the
motor vehicle detected by the AVIS is responsible for paying the civil penalty
associated with the Notice of Violation unless the registered owner establishes by
timely affidavit, in accordance with subsection (n)(3) of this Section, that one or
more of the following applies:
(A) The motor vehicle had been sold, leased, or transferred prior to the time
of the violation, established by a bill of sale or other documentation
showing that the motor vehicle was sold, leased, or transferred before the
date and time of the violation;
(B) The motor vehicle had been stolen prior to the time of the violation,
established by a copy of the police report showing that the license plate or
motor vehicle was stolen before the date and time of the violation;
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(C) A law enforcement officer issued a separate traffic citation to the
registered owner or to the driver of the motor vehicle for the same violation
detected by the AVIS, established by a copy of the separate citation; or
(D) The registered owner was deceased prior to the date of the violation,
established by a certified copy of the death certificate showing that the
death of the registered owner occurred before the date of the violation and
by one of the following: (i) a bill of sale or other document showing that the
motor vehicle was sold or transferred after the date of the registered
owner's death and before the date of the violation; (ii) documented proof
that the registered license plate was returned to the Colorado Department
of Revenue or another office or authorized agent of the Department after
the date of the registered owner's death and before the date of the
violation; or (iii) a copy of the police report showing that the registered
owner's license plate or motor vehicle was stolen after the date of the
registered owner's death and before the date of the violation.
(3) Affidavit Procedure. To establish that the registered owner is not responsible
for paying a civil penalty associated with a Notice of Violation, the registered
owner or, in the case of a deceased owner, a representative of the estate or a
family member of the registered owner, must, within 30 days after the date of
issuance of the Notice of Violation, provide to the City an affidavit with supporting
documentation establishing one or more of the exceptions set forth in subsection
(n)(2) of this Section. The affidavit must include the civil penalty number
identifying the Notice of Violation. The registered owner of a motor vehicle that
was leased at the time of the violation is not required to submit an affidavit if the
motor vehicle was registered in the name of the lessee at the time of the violation.
(4) Mandatory Administrative Dismissal. Upon receipt of an affidavit and sufficient
supporting documentation under subsection (n)(3) of this Section, the City shall
dismiss the Notice of Violation and provide written proof of the dismissal to the
registered owner or other person who submitted the affidavit.
(5) False Affidavit. A person who submits a false affidavit under this subsection
(n) commits a Class 2 misdemeanor traffic offense and, upon conviction, shall be
punished as provided in C.R.S. Section 42-4-1701(3). The City Prosecutor is
authorized to prosecute any such offense.
(6) Affidavit Intake. Submission of an affidavit and supporting documentation
under this subsection (n) may be made through the AVIS vendor portal, by mail to
the Traffic Violations Bureau, or in person at the City Clerk's office. Any contract
for AVIS equipment or services under subsection (r) of this Section shall require
that the vendor portal accept affidavit submissions with file attachments and route
them to the City Clerk for processing.
(o) Collection Limitation. The City shall not initiate or pursue a collection action against a
registered owner for a debt resulting from an unpaid AVIS civil penalty unless the
registered owner has been personally served the Notice of Violation or the final order of
liability.
(p) Leased and Rented Vehicles. If the registered owner of a motor vehicle involved in a
speed violation detected by an AVIS is engaged in the business of leasing or renting
motor vehicles, the registered owner remains liable for payment of the civil penalty even
if the registered owner was not driving the motor vehicle, but may obtain payment from
the lessee or renter and forward the payment to the City. A lessor who sends to the
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Municipal Court or Traffic Violations Bureau a copy of the rental, lease, or other contract
document covering the vehicle on the date of the violation, with the name and address of
the lessee clearly legible, within 30 days after receiving the Notice of Violation, shall not
be found liable. The lessee shall then be deemed the owner for purposes of this Section
and shall be sent a Notice of Violation.
(q) Data Privacy, Retention, and Destruction. The City and any vendor operating an AVIS
under this Section shall:
(1) Program the AVIS to retain data only when a speed violation occurs;
(2) Treat all photographs and video collected by the AVIS as confidential and
exempt from disclosure and inspection pursuant to part 2 of article 72 of title 24,
C.R.S. (the Colorado Open Records Act);
(3) Not use, disclose, sell, or permit access to photographs, video, or personally
identifiable data collected by the AVIS except to the extent necessary to operate
the program, including for purposes of processing violations, for other law
enforcement purposes, for transferring data to a new vendor or operating system,
or, pursuant to a court order, for use in unrelated legal proceedings; and
(4) Destroy any photographs and video of a violation collected by the AVIS within
three years after the final disposition of the violation, unless the photographs or
video are maintained in a separate system for other purposes allowed by law.
(r) Vendor Compensation. No portion of any fine or civil penalty collected through the
use of an AVIS under this Section may be paid to the manufacturer or vendor of the AVIS
equipment. The compensation paid by the City for such equipment shall be based upon
the value of the equipment and the value of any services provided to the City.
Compensation shall be structured as a flat monthly fee or a flat hourly rate that is not
contingent upon, and does not vary based on, the number of citations issued or the
amount of revenue generated, and shall not include incentives, bonuses, escalators, or
other provisions that are directly tied to the number of citations issued or the amount of
revenue generated. Any contract for AVIS equipment or services shall comply with the
procurement requirements of Pueblo City Charter Sections 7-29 and 7-30 and the
requirements of this subsection.
(s) Public Reporting. The City shall publish a report on the City's official website at least
annually, timed to coincide with the City's fiscal year, and maintained on a publicly
accessible page for each year of operation. The report shall include, for each AVIS
Corridor: (1) the number of warnings issued; (2) the number of Notices of Violation
issued; (3) the number of citations paid, contested, and in default; (4) total civil penalty
revenue collected; (5) total program operating costs, including vendor compensation,
equipment, signage, and administrative costs; (6) crash frequency and severity data for
the corridor, including a comparison of pre-AVIS and post-AVIS crash rates where at
least one full year of post -deployment data is available; and (7) average measured
speeds within the corridor before and after AVIS deployment, where such data is
available.
(t) Equipment Calibration and Accuracy. All AVIS equipment deployed by the City shall
be calibrated and certified for accuracy by an independent third party prior to initial
deployment and at least annually thereafter. Calibration records, including the date of
calibration, the identity of the calibrating entity, and the results of each calibration test,
shall be maintained by the Pueblo Police Department and shall be public records
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available for inspection. No Notice of Violation shall be issued based on data from an
AVIS unit whose calibration certification has expired.
(u) Relationship to Section 15-1-10. This Section governs AVIS speed enforcement only
and shall not be construed to modify, limit, or supersede the traffic signal camera
program established under Section 15-1-10 of this Chapter. The two programs shall
operate independently.
(v) Severability. If any subsection, sentence, clause, or phrase of this Section is for any
reason held to be unconstitutional or invalid, such holding shall not affect the validity of
the remaining portions of this Section. The City Council hereby declares that it would
have adopted this Section and each subsection, sentence, clause, and phrase thereof
irrespective of the fact that any one or more subsections, sentences, clauses, or phrases
be declared unconstitutional or invalid.
SECTION 2.
The officers and staff of the City are authorized to perform any and all acts consistent
with the intent of this Ordinance to effectuate the policies and procedures described herein.
SECTION 3
This Ordinance shall become effective upon final action of the Mayor.
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:
President of City Council
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Action by the Mayor:
❑ Approved on 09/30/2026
❑ Disapproved on
based on the following objections:
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
Mayor
❑ Council action on failed to override the Mayor's veto.
President of City Council
ATTEST 1.Docusigned by:
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City Clerk
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City Clerk's Office Item # S8
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Background Paper for Proposed
Ordinance
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: Chris Noeller, Chief of Police
SUBJECT: AN ORDINANCE AMENDING TITLE XV OF THE PUEBLO MUNICIPAL
CODE BY THE ADDITION OF A NEW SECTION 15-1-25 ENTITLED
"AUTOMATED VEHICLE IDENTIFICATION SYSTEM SPEED
ENFORCEMENT" TO AUTHORIZE THE USE OF AUTOMATED
VEHICLE IDENTIFICATION SYSTEMS FOR THE DETECTION OF
SPEED VIOLATIONS WITHIN DESIGNATED CORRIDORS AND
ELIGIBLE LOCATIONS PURSUANT TO C.R.S. SECTION 42-4-110.5
SUMMARY:
This proposed Ordinance amends Title XV of the Pueblo Municipal Code by adding a
new Section 15-1-25 to authorize the City of Pueblo to deploy Automated Vehicle
Identification Systems (AVIS) for the detection and civil enforcement of speed violations
within designated corridors and other eligible locations. The new section establishes the
framework required by C.R.S. Section 42-4-110.5, as amended by Senate Bill 26-152
(signed by Governor Polis on June 2, 2026, effective August 12, 2026), including
corridor designation procedures, penalty schedules conforming to state statutory caps,
a Notice of Violation and Civil Penalty Assessment Notice procedure, an administrative
hearing track before the Municipal Judge or an Assistant Municipal Judge sitting as
administrative hearing officer for the Traffic Violations Bureau, a de novo appeal to the
Pueblo County Court, signage requirements, an owner non -liability affidavit procedure,
a variable speed limit prohibition, data privacy protections, vendor compensation
restrictions, and public reporting obligations.
Corridor designations will be accomplished by separate ordinance or ordinances
adopted by City Council, allowing specific streets to be added or removed without
amending the framework established by this Ordinance.
PREVIOUS COUNCIL ACTION:
The City of Pueblo has not previously adopted an ordinance authorizing AVIS speed
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enforcement. The City operates a traffic signal camera program currently codified at
Section 15-1-10 of the Pueblo Municipal Code, which was originally adopted as Section
15-1-15 by Ordinance No. 6119 (introduced September 9, 1996), most recently
substantively amended by Ordinance No. 7949 (December 22, 2008), and reenacted
and renumbered as Section 15-1-10 as part of the comprehensive Chapter 1
restructure adopted by Ordinance No. 11086 (December 8, 2025). That program is
limited to red-light violations at signalized intersections and does not encompass speed
enforcement.
BACKGROUND:
The Colorado General Assembly has progressively expanded municipal authority to
use automated vehicle identification systems for traffic enforcement. Senate Bill 23-200
(effective June 5, 2023), Senate Bill 24-195 (effective June 5, 2024), and Senate Bill
26-152 (signed by Governor Polis on June 2, 2026, effective August 12, 2026)
amended C.R.S. Section 42-4-110.5 to authorize municipalities to deploy AVIS for
speed enforcement within specifically designated corridors and other eligible locations.
The General Assembly declared AVIS enforcement to be a matter of statewide concern
requiring uniform state standards.
Under Section 42-4-110.5(2), the City may adopt an ordinance authorizing AVIS to
detect speed violations of local traffic regulations or state traffic law. Enforcement is
limited to the following locations: school zones as defined in C.R.S. Section 42-4-615;
residential neighborhoods (blocks where a majority of improvements are residential and
the speed limit is 35 mph or less); maintenance, construction, or repair zones
designated under C.R.S. Section 42-4-614; streets bordering a municipal park; and
streets or portions of streets that the municipality designates as an Automated Vehicle
Identification Corridor by ordinance or resolution. The City's approach is to designate
corridors by ordinance.
Senate Bill 26-152 restructures the civil penalty schedule into graduated tiers: a
warning only for first violations less than 6 mph over the reasonable and prudent speed;
a mandatory written warning (and no penalty) for first violations of 6 to under 10 mph
over the speed limit; a maximum $40 civil penalty for second or subsequent 6 to under
10 mph violations and for any violation of 10 to under 25 mph over the speed limit; a
doubled $80 cap for any of those violations occurring within a school zone or a
maintenance, construction, or repair zone; and a new maximum $120 civil penalty for
violations of 25 mph or more over the speed limit. The bill also adds a mandatory
affidavit -based owner non -liability procedure with four enumerated defenses, a
prohibition against AVIS citations based on variable or temporarily lowered speed limits
except in construction zones, new public notification requirements including social
media announcement and a 30 -day warning period, and a requirement that vendor
compensation be structured as a flat monthly fee or flat hourly rate.
Before the City may begin operating an AVIS in any designated corridor, C.R.S. Section
42-4-110.5(2)(g) requires the City to post permanent signage not fewer than 300 feet
before the corridor entry and before each fixed camera, demonstrate through data
collected within the past five years incidents of crashes, speeding, reckless driving, or
community complaints on the designated street, and for corridors on state highways,
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notify and coordinate with the Colorado Department of Transportation and the Colorado
State Patrol. The Pueblo Police Department has compiled crash, fatality, citation, and
community complaint data for proposed AVIS corridors within the City. A companion
corridor designation ordinance identifies the specific streets proposed for initial AVIS
deployment.
FINANCIAL IMPLICATIONS:
The City will incur costs for AVIS equipment procurement, installation, signage, and
ongoing vendor services. These costs will be determined through the competitive
procurement process required by the Pueblo City Charter. C.R.S. Section 42-4-110.5(5)
prohibits any portion of collected fines from being paid to the equipment vendor; vendor
compensation must be based on the value of equipment and services provided, not on
citation volume or revenue generated. Civil penalty revenue will be collected by the
City. The Pueblo Police Department estimates that the program will be revenue -neutral
or revenue -positive after initial capital expenditures, but specific financial projections
depend on the vendor contract terms and the number of corridors activated.
BOARD/COMMISSION RECOMMENDATION:
Not applicable to this Ordinance.
STAKEHOLDER PROCESS:
The Pueblo Police Department has received sustained community complaints regarding
speeding on multiple arterial and residential streets identified in the companion corridor
designation ordinance. Formal stakeholder engagement, including a public hearing
before City Council, will occur during the two -reading ordinance adoption process
required by Charter Section 3-19.
ALTERNATIVES:
If this Ordinance is not approved, the City will not have the legal authority to deploy
AVIS for speed enforcement. Speed enforcement on the proposed corridors will
continue to rely exclusively on manned patrol units, which are limited by officer
availability and cannot provide continuous coverage. The corridors identified for AVIS
deployment have collectively recorded 57 traffic fatalities over the five-year period 2020
through 2025. Continued reliance on traditional enforcement alone has not reduced
crash frequency and severity on these streets to acceptable levels.
RECOMMENDATION:
Approval of the Ordinance.
ATTACHMENTS:
1. Background - Enabling AVIS Speed Camera
2. Ordinance - Enabling AVIS Speed Camera