HomeMy WebLinkAbout10836ORDINANCE NO. 10836
AN ORDINANCE AMENDING SECTIONS 402 AND 403 OF
CHAPTER 1 OF TITLE XI OF THE PUEBLO MUNICIPAL
CODE AMENDING THE CLASS OF OFFENSE FOR
DAMAGING, DEFACING OR DESTRUCTION OF
PROPERTY, AND DAMAGING, DEFACING OR
DESTRUCTION OF CITY PROPERTY.
WHEREAS, The City
all powers and authority vested under Colorado law; and
WHEREAS, the equivalent state law is Criminal Mischief found in C.R.S. §18-4-
501; state law makes this crime a petty offense if the damage is less than three hundred
dollars, a Class 2 misdemeanor if damage is three hundred dollars or more but less
than one thousand dollars, and a Class 1 misdemeanor for damage greater than one
thousand dollars but less than two thousand dollars; and
WHEREAS, the state law sentencing structure was changed effective March
2022 in the Misdemeanor Reform Bill; and
WHEREAS, it is in the public interest to deter individuals from damaging property
belonging to another, or belonging to the City;
WHEREAS, this modification will align the City Ordinances with state statutes
with regards to the level of offense; NOW, THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: (brackets indicate
matter being deleted, underscoring indicates new matter being added)
SECTION 1.
Section 402 of Chapter 1 of Title XI of the Pueblo Municipal Code is hereby
amended and enacted to read as follows;
Sec. 11-1-402. - Damaging, defacing or destruction of 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 two
thousand dollars ($2,000.00).
(b) Damaging, defacing or destruction of property of a value of one thousand dollars
($1,000) or more but less than two thousand dollars ($2,000) is a Class \[2\] 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.
(c) Damaging, defacing or destruction of property of a value of up to nine
hundred ninety-nine dollars and ninety-nine cents ($999.99) is a Class 2
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 2.
Section 403 of Chapter 1 of Title XI of the Pueblo Municipal Code is hereby
amended and enacted 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 two thousand dollars
($2,000.00).
(b) Damaging, defacing or destruction of City property of a value of one thousand
dollars ($1,000) or more but less than two thousand dollars ($2,000) is a Class \[2\]
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.
(c) Damaging, defacing or destruction of City property of a value of up to nine
hundred ninety-nine dollars and ninety-nine cents ($999.99) is a Class 2
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.
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 4.
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 October 28, 2024.
Final adoption of Ordinance by City Council on November 11, 2024.
President of City Council
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 _______
President of City Council
ATTEST
City Clerk
City Clerk's Office Item # R2
Background Paper for Proposed
Ordinance
COUNCIL MEETING DATE: November 11, 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 AMENDING SECTIONS 402 AND 403 OF CHAPTER 1
OF TITLE XI OF THE PUEBLO MUNICIPAL CODE AMENDING THE
CLASS OF OFFENSE FOR DAMAGING, DEFACING OR
DESTRUCTION OF PROPERTY AND AMENDING THE CLASS LEVEL
FOR SAID OFFENSES.
SUMMARY:
Attached for consideration is a proposed amendment of the Pueblo Municipal Code 11-
1-402 and 11-1-403 regarding damaging, defacing or destruction of property and
amending the class level for said offenses.
PREVIOUS COUNCIL ACTION:
This portion of the Pueblo Municipal Code was last modified in 2022 to modify the
monetary value of the offenses reflecting changes in the state law.
BACKGROUND:
Currently, damaging, defacing or destruction of property is a Class 2 municipal
offense. Both sections prohibit similar behavior with the difference being Section 11-1-
402 prohibits acts against privately owned property and Section 11-1-403 prohibits acts
against City property. This law is similar to the state Criminal Mischief statute (C.R.S.
§18-4-501).
Colorado Senate Bill 21-271, titled Misdemeanor Reform, modified state sentencing
ranges for misdemeanors and eliminated Class 3 misdemeanors altogether. At the
same time, it modified the level of crime for Criminal Mischief in state court. The
maximum sentence for a standard (i.e. without aggravators) Class One misdemeanor is
up to 364 days in jail and/or a fine of up to $1,000. (Note: maximum sentences do not
preclude alternative sentences such as probation). The maximum sentence for a Class
1 municipal offense under PMC is a sentence of up to 364 days in jail and/or a fine of up
to $1,000. Thus, the two levels of offenses are analogous.
Further, the state statutes divide criminal mischief by value of the damage being less
than $300 a petty offense, $300-$999.99 a Class 2 misdemeanor, and $1,000 to
$1,999.99 a Class 1 misdemeanor. It is suggested that we divide our levels out similarly
with damage less than $999.99 being a Class 2 municipal offense, and $1,000 to $2000
being a Class 2 municipal offense.
FINANCIAL IMPLICATIONS:
None.
BOARD/COMMISSION RECOMMENDATION:
None.
STAKEHOLDER PROCESS:
None.
ALTERNATIVES:
Not approving these changes will mean these violations will remain Class 2 municipal
offenses.
RECOMMENDATION:
Accept the changes.
ATTACHMENTS:
1. Damaging, defacing or destruction of City property Ordinance