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
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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.