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HomeMy WebLinkAbout10917ORDINANCE NO.10917 AN ORDINANCE AMENDING SECTION 11-1-401 AND 11-1- 407 OF THE PUEBLO MUNICIPAL CODE TO CATEGORIZE THEFT BY THE VALUE OF THE ITEM STOLEN AND TO ADD A MANDATORY MINIMUM JAIL SENTENCE FOR THOSE CONVICTED THEREOF, AND TO REINSTATE SECTION 1-2- 1(g)(1)(a) OF THE PUEBLO MUNICIPAL CODE TO MAINTAIN A MANDATORY MINIMUM JAIL SENTENCE FOR THOSE CONVICTED AS HABITUAL OFFENDERS HAVING VIOLATED SECTION 11-1-401 OR 11-1-407 OF THE CODE NOW, THEREFORE; 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) \[Theft from a merchant is a Class 2 municipal offense.\] Theft from merchant is: (i) A class 2 municipal offense if the value of the thing involved is less than fifty dollars ($50.00); (ii) A class 1 municipal offense if the value of the thing involved is fifty dollars ($50.00) or more but less than one hundred dollars ($100.00); (iii) A class 1 municipal offense if the value of the thing involved is one hundred dollars ($100.00) or more but less than three hundred dollars ($300.00). Upon a second conviction for theft from merchant of a thing valued at one hundred dollars ($100.00 but less than three hundred dollars ($300.00), a mandatory minimum jail sentence of no less than three (3) days shall be imposed by the Court as a part of any sentence. (iv) A class 1 municipal offense if the value of the thing involved is three hundred dollars ($300.00) or more. Upon conviction for theft from merchant of a thing valued at three hundred dollars ($300.00) 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. (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 as required pursuant to Section 11-1-401(b). The mandatory minimum jail sentence required pursuant to Section 11-1-401(b) \[This subsection\] 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 anything 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 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 presence. (b) Theft is: \[Notwithstanding the provisions of subsection (a) within this Section, it shall be unlawful and a Class 1 municipal offense for any person to knowingly obtain or exercise control over anything of another valued at three hundred dollars ($300.00) or more without authorization and with the intent to permanently deprive the other person of the use or benefit of the thing of value; provided however, that this subsection will have no application as provided is subsections (a)(1), (a)(2), and (a)(3). Additionally, if the value of the thing involved is three hundred dollars or more, a mandatory minimum jail sentence of no less than three (3) days shall be imposed by the Court as part of any sentence.\] (i) A Class 2 municipal offense if the value of the thing involved is less than fifty dollars ($50.00); (ii)A class 1 municipal offense if the value of the thing involved is fifty dollars ($50.00) or more but less than one hundred dollars ($100.00); (iii) A class 1 municipal offense if the value of the thing involved is one hundred dollars ($100.00) or more but less than three hundred dollars ($300.00). Upon a second conviction for theft of a thing valued at one hundred dollars ($100.00) but less than three hundred dollars ($300.00), a mandatory minimum jail sentence of no less than three (3) days shall be imposed by the Court as a part of any sentence. (iv) A class 1 municipal offense if the value of the thing involved is three hundred dollars ($300.00) or more. Upon conviction for theft of a thing valued at three hundred dollars ($300.00) 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. (c) The Court shall neither set aside nor suspend the mandatory minimum jail portion of any sentence imposed as required pursuant to Section 11-1-401(b). The mandatory minimum jail sentence required pursuant to Section 11-1-401(b) \[This subsection\] 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 reinstated as set forth in Ordinance No. 10433 and 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(b)(iii) and (iv) or for Theft as provided for in Sec. 11-1- 407(b)(iii) and (iv) 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. Action by City Council: Introduced and initial adoption of Ordinance by City Council on February 24, 2025. Final adoption of Ordinance by City Council on March 10, 2025. APPROVED President of City Council Action by the Mayor: Approved on , 2025. 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 to , on Council action on failed to override the veto. President of City Council ATTEST City Clerk City Clerk's Office Item # R5 Background Paper for Proposed Ordinance COUNCIL MEETING DATE: March 10, 2025 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 SECTION 11-1-401 AND 11-1-407 OF THE PUEBLO MUNICIPAL CODE TO CATEGORIZE THEFT BY THE VALUE OF THE ITEM STOLEN AND TO ADD A MANDATORY MINIMUM JAIL SENTENCE FOR THOSE CONVICTED THEREOF, AND TO REINSTATE SECTION 1-2-1(G)(1)(A) OF THE PUEBLO MUNICIPAL CODE TO MAINTAIN 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 an Ordinance amending Sections 11-1-401 Theft from Merchant and 11-1-407 Theft of the Pueblo Municipal Code to break down theft by the value of the item stolen and provide more specific penalties for each value range. The Ordinance also reinstates the mandatory minimum jail sentence for theft and theft from merchant as well as people convicted as habitual offenders for theft. PREVIOUS COUNCIL ACTION: On March 28, 2022, City Council approved Ordinance No. 10142 increasing the jurisdiction of Pueblo Municipal Court to include thefts of property up to $2,000 in value consistent with a change in the state statutes. On April 10, 2023, City Council approved Ordinance No. 10433 providing for a minimum mandatory jail sentence of 3 days for all thefts where the value of the property stolen is three hundred dollars or more. BACKGROUND: On April 10, 2023, City Council passed Ordinance No. 10433 which mandated a minimum three-day jail sentence for anyone convicted of theft or theft from merchant valued at $300 or more, or those convicted as habitual offenders for theft. That Ordinance had a sunset provision and therefore, was automatically repealed on January 1, 2025. Upon repeal, the code sections reverted to the text as it existed on March 1, 2023. Due to the timing of this Ordinance, the text in the ordinances had not physically been converted to the March 1, 2023 version. To avoid confusion, the changes reflected herein are from the most recent version of text, which is as it was written subsequent to Ordinance No. 10433. Ordinance No. 10433 was passed in an effort to curb crime, specifically theft and theft from merchant within the City. According to the records of the Pueblo Police Department, 283 persons were cited in 2021, 460 persons were cited in 2022, and 685 persons were cited in 2023 for Theft from Merchant under Sec. 11-1-401 of the Pueblo Municipal Code. Ordinance 10433 went into effect on May 10, 2023. The number of people cited for Theft from Merchant in 2024 was 484, a 29% decrease from the prior year. Given the decrease in theft from merchant citations from 2023 to 2024, it appears the previously approved Ordinance had a deterrent effect on theft-related crime. The Ordinance attached for your consideration would reinstate the mandatory minimum 3 day jail sentence for anyone convicted of theft or theft from merchant where the property stolen is valued at $300 or more. The proposed Ordinance would extend the mandatory minimum 3-day jail sentence for any person convicted a second time for theft or theft from merchant where the property stolen is valued at $100 or more. The Ordinance will also reinstate the mandatory minimum 3-day jail sentence for people convicted of theft or theft from merchant and found to be habitual offenders. This Ordinance also breaks down the different levels of theft-related crimes making it easier. Theft-related crimes have a significant negative impact on the community. FINANCIAL IMPLICATIONS: Not applicable. BOARD/COMMISSION RECOMMENDATION: Not applicable to this Ordinance. STAKEHOLDER PROCESS: Not applicable to this Ordinance. ALTERNATIVES: If the City Council chooses not to approve this Ordinance, the theft ordinance will be as codified March 1, 2023. RECOMMENDATION: None. ATTACHMENTS: 1.Ordinance Amendment to Theft Code