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HomeMy WebLinkAbout10719ORDINANCE NO. 10719 AN ORDINANCE CREATING SECTION 408 OF CHAPTER 1 OF TITLE XI OF THE PUEBLO MUNICIPAL CODE ADDING THE OFFENSE OF POSSESSION OF THEFT TOOLS AND PROVIDING PENALTIES THEREFOR WHEREAS, the City powers and authority vested under Colorado law; and WHEREAS, the possession of tools used in the commission of thefts including those used for theft is prohibited by state law; and WHEREAS, individuals use these tools to cut off, evade, or thwart loss prevention devices making it easier to steal items from retail stores, and many of these items can be used as weapons against loss prevention specialists and employees of retail stores; and WHEREAS, it is in the public interest to curtail the use of tools during and to assist in the commission of theft; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. Section 408 of Chapter 1 of Title XI of the Pueblo Municipal Code is hereby created and enacted to read as follows; Section 11-1-408 Possession of Theft Tools. It shall be unlawful and a Class 2 municipal offense for any person to possess any explosive, tool, instrument, or other article adapted, designed, or commonly used for committing or facilitating the commission of an offense involving theft by a physical taking, and intends to use the thing possessed, or knows that some person intends to use the thing possessed, in the commission of such an offense. SECTION 2. 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. SECTION 3. This Ordinance shall become effective thirty (30) days after final action by the Mayor and City Council. Action by City Council: Introduced and initial adoption of Ordinance by City Council on May 13, 2024. Final adoption of Ordinance by City Council on May 28, 2024. ____________________________ 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 _____________ ____________________________ President of City Council ATTEST ________________________________ Deputy City Clerk City Clerk's Office Item # R11 Background Paper for Proposed Ordinance COUNCIL MEETING DATE: May 28, 2024 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 CREATING SECTION 408 OF CHAPTER 1 OF TITLE XI OF THE PUEBLO MUNICIPAL CODE ADDING THE OFFENSE OF POSSESSION OF THEFT TOOLS AND PROVIDING PENALTIES THEREFOR SUMMARY: This Ordinance would make it unlawful to possess tools used in commission of crimes if the possessor intends to use said tool in the commission of theft. PREVIOUS COUNCIL ACTION: None. BACKGROUND: used for theft. Effective March 2022, the state reduced this crime from a felony to a 2nd degree misdemeanor. Loss prevention officers working for local retailers have reported the problems associated with theft from their businesses and the use of tools to overcome anti-theft devices such as hard tags that alert security systems when they are taken beyond a detector at an exit. Loss prevention specialists have further reported that those individuals use these tools as potential weapons when confronted for the theft making the situation more dangerous. FINANCIAL IMPLICATIONS: Unknown if any increase in tickets will impact Municipal Court. This would potentially be written as an additional charge on theft tickets, the calls for which the police department is already responding. BOARD/COMMISSION RECOMMENDATION: Not applicable to this Ordinance. STAKEHOLDER PROCESS: Stakeholders have not been approached directly about this Ordinance, however, this topic was discussed at the local meeting of the Colorado Organized Crime Alliance, which is a meeting of local loss prevention specialists and law enforcement. ALTERNATIVES: If this Ordinance is not approved the City will not be able to prosecute those using these devices in attempting theft. RECOMMENDATION: Approval of the Ordinance. ATTACHMENTS: None