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HomeMy WebLinkAbout10433ORDINANCE NO. 10433 AN ORDINANCE AMENDING SECTIONS 11-1-401 AND 11-1- 407 OF THE PUEBLO MUNICIPAL CODE TO ADD A MANDATORY MINIMUM JAIL SENTENCE FOR THOSE CONVICTED THEREOF, WHERE THE VALUE OF THE PROPERTY STOLEN IS THREE HUNDRED DOLLARS ($300) OR MORE, AND TO AMEND SECTION 1-2-1 OF THE PUEBLO MUNICIPAL CODE TO ADD A MANDATORY MINIMUM JAIL SENTENCE FOR THOSE CONVICTED AS HABITUAL OFFENDERS HAVING VIOLATED SECTION 11-1-401 OR 11-1- 407 OF THE CODE BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. Section 11-1-401 of Chapter 1 of Title XI of the Pueblo Municipal Code is hereby amended to read as follows: Sec. 11-1-401. – Theft from a merchant. (a) It shall be unlawful for any person to obtain or exercise control over any meals, goods, services or accommodations having a value of less than two thousand dollars ($2,000.00) which are the property of another exposed or available for sale or available to rent or for hire, with the intent to convert the same to his or her own use without payment of the purchase price or rent therefor. (b) Theft from a merchant is a Class 2 municipal offense. (c) Notwithstanding the provisions of any other subsection within this Section, theft from a merchant is a Class 1 offense if the value of the meals, goods, services, or accommodations involved is three hundred dollars ($300.00) or more. Additionally, if the value of the meals, goods, services, or accommodations involved is three hundred dollars or more, a mandatory minimum jail sentence of no less than three (3) days shall be imposed by the Court as part of any sentence. The Court shall neither set aside nor suspend the mandatory minimum jail portion of any sentence imposed. This subsection shall only apply to those offenders who, at the time of the offense, were eighteen (18) years of age or older. SECTION 2. Section 11-1-407 of Chapter 1 of Title XI of the Pueblo Municipal Code is hereby amended to read as follows: Sec. 11-1-407. – Theft. (a) It shall be unlawful and a Class 2 municipal offense for any person to knowingly obtain or exercise control over any thing of value of another without authorization and with the intent to permanently deprive the other person of the use or benefit of the thing of value; provided, however, that this Section shall have no application: 1. Where the thing of value has a value of two thousand ($2,000.00) or more or is intangible personal property; 2. Where the other person (victim) is seventy (70) years of age or older and the offense is committed in such person’s presence; or 3. Where the other person (victim) is disabled because of the loss or permanent loss of use of a hand or foot or because of blindness or the permanent impairment of vision in both eyes to such a degree as to constitute virtual blindness and the offense is committed in such person’s presence. (b) Notwithstanding the provisions of subsection (a) within this Section, it shall be unlawful and a Class 1 municipal offense for any person to knowingly obtain or exercise control over anything of another valued at three hundred dollars ($300.00) or more without authorization and with the intent to permanently deprive the other person of the use or benefit of the thing of value; provided however, that this subsection will have no application as provided is subsections (a)(1), (a)(2), and (a)(3). Additionally, if the value of the thing involved is three hundred dollars or more, a mandatory minimum jail sentence of no less than three (3) days shall be imposed by the Court as part of any sentence. The Court shall neither set aside nor suspend the mandatory minimum jail portion of any sentence imposed. This subsection shall only apply to those offenders who, at the time of the offense, were eighteen (18) years of age or older. SECTION 3. Section 1-2-1 of Chapter 2 of Title I of the Pueblo Municipal Code is hereby amended to read as follows: Section 1-2-1. – General Penalty; continuing violations; adjudging fines and imprisonment. (a) It shall be unlawful for any person to violate, disobey, omit, neglect, refuse or fail to comply with or resist the enforcement of any provision of this Code or any secondary code adopted herein. (b) Where no specific penalty is provided therefor, the violation of any provision of this Code or of any secondary code adopted herein shall be a Class 2 municipal offense and be punished by a fine not exceeding one thousand dollars ($1,000.00), the amount of such fine to rest within the discretion of the Municipal Judge. (c) Unless stated otherwise within the Municipal Code,the Municipal Judge may, in his or her discretion, impose alternative sentencing including but not limited to in-home detention not to exceed three hundred sixty-four (364) days, probation, community service, deferred sentence, deferred prosecution, rehabilitation and educational classes, for any violations of the Municipal Code if he or she determines the alternative sentencing will best serve the intent and purpose of the Municipal Code. (d) The imposition of a penalty shall not excuse any violation, permit it to continue or prevent the enforced removal of prohibited conditions. (e) Unless otherwise indicated, a separate violation shall be deemed committed upon each day or portion thereof during or on which any violation of any provision of this Code or any secondary code adopted herein occurs or continues. (f) The amount by which any imposed fine exceeds three hundred dollars ($300.00) is dedicated to graffiti control and removal and other law enforcement activities as determined by the City Council. Other law enforcement activities shall include any and all alternative sentencing authorized pursuant to Subsection 1-2-1(c). (g) Every person convicted in the City of any municipal offense, when within five (5) years of the date of the commission of said offense has been twice previously convicted of the same offense, separately brought and adjudicated and arising out of separate and distinct criminal episodes in the City, shall be adjudged a habitual offender and shall be punished: 1. As a Class 1 municipal offender and the standard base fine for the offense shall be tripled, provided that the fine may be altered at the Court's discretion, but shall not exceed one thousand dollars ($1,000.00); and A. In the event the instant conviction is for Theft from a merchant as provided for in Sec. 11-1-401 or for Theft as provided for in Sec. 11-1-407 of this Code, and, at the time of the offense, the offender was eighteen (18) years of age or older, a mandatory minimum jail sentence of no less than three (3) days shall be imposed by the Court as part of any sentence. The Court shall neither set aside nor suspend the mandatory minimum jail portion of any sentence imposed; or 2. For those convicted of a traffic code violation, the standard base fine for the civil infraction shall be tripled, provided that the fine may be altered at the Court's discretion, but shall not exceed one thousand dollars ($1,000.00). (h) Every person convicted in the City of any municipal crime involving violence against another person or animal, when within ten (10) years of the date of the commission of the offense has been twice previously convicted upon similar charges involving violence, separately brought and adjudicated and arising out of separate and distinct criminal episodes in the City, shall be adjudged a habitual criminal and shall be punished as a Class 1 municipal offender. (i) Any person convicted of a crime and sentenced as a habitual offender for violations of Sections 11-4-14 (Dangerous animals; potentially dangerous animals), 11-4-15 (Restraining), or 11-4-21 (Cruelty to animals; humane care) may, at the discretion of the Municipal Court, be enjoined from owning any animals as defined by Section 11-4-1 of the Pueblo Municipal Code, or otherwise maintaining any animals on their property within the City limits, for up to one (1) year, along with any other appropriate penalty imposed by the Municipal Court. SECTION 4. The officers and staff of the City are authorized to perform any and all acts consistent with this Ordinance and to implement the policies and procedures described therein. SECTION 5. This Ordinance shall become effective thirty (30) days after final action by the Mayor and City Council and shall be automatically repealed effective January 1, 2025. Such repeal shall reinstate the sections of the Pueblo Municipal Code as amended hereby as the same existed on March 1, 2023. Nothing contained herein shall be construed to prohibit any subsequent enactments with respect to the affected sections of the Pueblo Municipal Code to be amended further between the effective date and date of repeal. Action by City Council: Introduced and initial adoption of Ordinance by City Council on March 27, 2023. Final adoption of Ordinance by City Council on April 10, 2023 . President of City Council Action by the Mayor: ☒ Approved on April 12, 2023 . □ 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 _______ failed to override the Mayor’s veto. President of City Council ATTEST City Clerk City Clerk's Office Item # R9 Background Paper for Proposed Ordinance March 27, 2023 COUNCIL MEETING DATE: TO: President Heather Graham and Members of City Council CC: Mayor Nicholas A. Gradisar VIA: Marisa Stoller, City Clerk FROM: James Wagner, Assistant City Attorney SUBJECT: AN ORDINANCE AMENDING SECTIONS 11-1-401 AND 11-1-407 OF THE PUEBLO MUNICIPAL CODE TO ADD A MANDATORY MINIMUM JAIL SENTENCE FOR THOSE CONVICTED THEREOF, WHERE THE VALUE OF THE PROPERTY STOLEN IS THREE HUNDRED DOLLARS ($300) OR MORE, AND TO AMEND SECTION 1-2-1 OF THE PUEBLO MUNICIPAL CODE TO ADD A MANDATORY MINIMUM JAIL SENTENCE FOR THOSE CONVICTED AS HABITUAL OFFENDERS HAVING VIOLATED SECTION 11-1-401 OR 11-1-407 OF THE CODE SUMMARY: Attached for consideration is a set of amendments that provide for a minimum mandatory jail sentence for those convicted of theft, theft from a merchant, or as a habitual offender for a theft-related offense. This action also provides for a sunset provision, allowing Council to extend the sentencing provisions to a later date or to allow the action to expire. PREVIOUS COUNCIL ACTION: Not applicable to this Ordinance. BACKGROUND: City Council President Heather Graham requested the drafting of an ordinance providing for enhanced penalties for theft-related offenses. A similar enhanced- sentencing Ordinance was passed in 2022 by the City Council of Aurora in an effort to curb crime in that city. According to the records of the Pueblo Police Department, 283 persons were cited in 2021 and 460 persons were cited in 2022 for Theft From a Merchant under Sec. 11-1- 401 of the Pueblo Municipal Code. This constitutes a 62.54% increase in cited Theft from a Merchant cases. Additionally, 29 persons were cited for Theft in 2021 and 39 persons were cited for Theft in 2022 under Sec. 11-1-407 of the Pueblo Municipal Code. This constitutes a 34.48% increase in cited Theft cases. According to statistics from the Colorado Bureau of Investigation with respect to the City of Pueblo, in 2022 there were 4,201 thefts reported overall. In 2021, 3,841 thefts were reported overall. Year over year, this constitutes an 9.37% increase in reported thefts. Given the significant increase in theft-related crimes within the City of Pueblo, the ordinance attached for your consideration attempts to provide a deterrent effect. The ordinance is directed to those thefts of property valued at $300 or more and for those thefts committed by habitual offenders as defined by the Code. FINANCIAL IMPLICATIONS: The financial implications are unknown at this time. The Pueblo Police Department does not track thefts under the Code by value nor does the Code have a current value provision within it. It is also unknown ultimately how many Defendants may be convicted under the proposed provisions and subject to the enhanced penalties. The Pueblo County Sheriff’s Office currently charges $45 per day per City inmate and the Las Animas County Sheriff’s Office charges $55 per day per City inmate. Additionally, more Defendants may choose to challenge the charges and thereby increase attorney representation and jury trial costs to the Municipal Court. The Court may see an offset, however, if less thefts are committed by those subject to the new provisions. BOARD/COMMISSION RECOMMENDATION: Not applicable to this Ordinance. STAKEHOLDER PROCESS: Not applicable to this Ordinance. ALTERNATIVES: If the Code is not amended in accordance with this Ordinance, the current Code provisions will remain in place. RECOMMENDATION: City Council President Graham supports passage of this Ordinance. ATTACHMENTS: None