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HomeMy WebLinkAbout07643ORDINANCE NO. 7643 AN ORDINANCE AMENDING CHAPTER 1 OF TITLE XI OF THE PUEBLO MUNICIPAL CODE CONCERNING OFFENSES AGAINST PROPERTY AND PROVIDING PENALTIES FOR THE VIOLATION THEREOF BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: (brackets indicate matter being deleted, underscoring indicates new matter being added) SECTION 1 Section 11 -1 -401 of Article 1, Chapter 1 of Title XI of the Pueblo Municipal Code, as amended, is 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 [five hundred dollars ($500.00)] one thousand dollars ($1,000.00) 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 1 municipal offense. SECTION 2 Section 11 -1 -402 of Article 1, Chapter 1 of Title XI of the Pueblo Municipal Code, as amended, is amended to read as follows: Sec. 11 -1 -402. Damaging, defacing or destruction of [private] property. (a) It shall be unlawful for any person to knowingly damage, deface, destroy or injure the real or personal property of one (1) or more other persons in the course of a single episode where the aggregate damage to the real or personal property is less than [five hundred dollars ($500.00)] one thousand dollars ($1,000.00) (b) Damaging, defacing or destruction of property is a Class 1 municipal offense, provided that if the person found guilty of violating Subsection (a) was under eighteen (18) years of age on the date of violation, the court shall not impose a jail sentence. SECTION 3 Section 11 -1 -403 of Article 1, Chapter 1 of Title XI of the Pueblo Municipal Code, as amended, is amended to read as follows: Sec. 11 -1 -403. Damaging, defacing or destruction of City property. (a) It shall be unlawful for any person to knowingly damage, deface, destroy or injure the real or personal property of the City in the course of a single episode where the aggregate damage to the real or personal property is less than [five hundred dollars ($500.00)] one thousand dollars ($1,000.00) (b) Damaging, defacing or destruction of City property is a Class 1 municipal offense, provided that if the person found guilty of violating Subsection (a) was under eighteen (18) years of age on the date of violation, the court shall not impose a jail sentence. SECTION 4_ Section 11 -1 -407 of Article 1, Chapter amended, is amended to read as follows: Sec. 11 -1 -407. Theft. of Title XI of the Pueblo Municipal Code, as It shall be unlawful and a Class 1 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 [five hundred dollars ($500.00)] one thousand dollars ($1,000.00) or more or is intangible personal property; (2) Where the other person (victim) is sixty (60) years of age or older and the offense is committed in such person's presence; (3). Where the other person (victim) is disabled because of the loss of 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; or (4) Where the thing of value is a motor vehicle part which has a value of one thousand dollars ($1,000.00 or more, removed from a motor vehicle during the theft. SECTION 5 Any person found guilty of violating any provision of this Ordinance declared to be a municipal offense shall be punished as provided in Section 11 -1 -103 of the Pueblo Municipal Code, as amended. SECTION 6 This Ordinance shall become effective thirty (30) days after final passage and approval. INTRODUCED Auqust 13, 2007 BY Randy Thurston Councilperson APPROVED: a ESID NT%J City Council ATTESTED BY: CITY CLERK PASSED AND APPROVED: August 27, 2007 ova . - IUTAs D D D r ° Background Paper for Proposed ORDINANCE AGENDA ITEM # 2 13 DATE: August 13, 2007 DEPARTMENT: Law Department TITLE AN ORDINANCE AMENDING CHAPTER 1 OF TITLE XI OF THE PUEBLO MUNICIPAL CODE CONCERNING OFFENSES AGAINST PROPERTY AND PROVIDING PENALTIES FOR THE VIOLATION THEREOF ISSUE Should Council increase the jurisdiction ofthe Municipal Court over offenses against property, such as theft and criminal mischief, by changing the limits of maximum value of the property from under $500 to under $1,000? The Law Department recommends adoption of the Ordinance. BACKGROUND The accompanying Ordinance amends sections 11 -1 -401, 11-1-402,11-1-403 and 11 -1-407 of the Pueblo Municipal Code concerning certain offenses against property. The Ordinance will expand the jurisdiction of the Municipal Court to hear and determine violations relating to theft of property, and the destruction of both private and public property, where the value of the thing stolen or property damage is less than $1,000.00. The present jurisdiction of the Municipal Court is limited to cases in which the value of the property is less than $500.00. The reason for this amendment derives from the Colorado General Assembly's adoption of Senate Bill 07 -260 in its last session. SB 07 -260 changed the classification of comparable crimes under state law so as to increase the value of property stolen or damaged from $500 to $1,000 in order for the offense to be classified as a felony. The City's jurisdiction to regulate counterpart municipal offenses is limited when the State has made such crime a felony. Since the State has raised the felony classification threshold to $1,000 or more, the City may expand its jurisdiction accordingly to said amount. FINANCIAL IMPACT No material financial impact is anticipated.