HomeMy WebLinkAboutOrdinance-1992-0900
INTRODUCED BY COUNCILMEMBER
COUNCIL BILL NO.
Ordinance No.
series of
TITLE:
AN ORDINANCE AMENDING THE WHEAT RIDGE MUNICIPAL CODE TO
INCREASE THE JURISDICTIONAL AMOUNT OF THE THEFT, THEFT
BY CHECK, AND CRIMINAL MISCHIEF ORDINANCES TO $400.00,
IN ACCORDANCE WITH RECENTLY ENACTED STATUTORY LAW.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE,
COLORADO, THAT:
Section 1. Section 16-41(b) of the Wheat Ridge Municipal Code
is hereby amended as follows:
Sec. 16-41. Theft -- generally.
(b) This section shall not apply when the aggregate
value of the items taken in anyone (1) criminal episode
is valued at four hundred dollars ($400.00) or more, nor
where the item taken is a motor vehicle, rental property,
trade secret or credit device. Further, this section
shall not apply where the theft is committed by
fraudulent use of a check or credit device.
section 2. Section 16-42(e) of the Wheat Ridge Municipal Code
is hereby amended as follows:
Sec. 16-42. Same--by check.
(e) Nothing in this section shall apply where the
value of the check exceeds four hundred dollars
($400.00), or where the offender is under accusation or
formal criminal filing involving the issuance of two (2)
or more checks within any sixty (60) day period in the
state with an aggregate value of four hundred dollars
($400.00) or more, nor shall this section apply where the
offender has been previously convicted under this
section, or under any existing or former statute of the
state involving the issuance of bad checks or the theft
or fraud by check.
Section 3. Section 16-43 of the Wheat Ridge Municipal Code
is hereby amended as follows:
Sec. 16-43. Criminal mischief.
It is unlawful for any person to intentionally
injure, damage or destroy the real or personal property
of another; provided, that this section shall not apply
to any persons showing a legal right or authority to
injure, damage or destroy such property. It is further
provided that this section shall not apply where the
aggregate damage in anyone (1) criminal episode to such
real or personal property is four hundred dollars
($400.00) or more, or where the damage is effected by
means of fire or explosives or with the intent to
defraud.
Section 4. Severability. If any clause, sentence, paragraph,
or part of this ordinance or the application thereof to any person
or circumstances shall for any reason be adjudged by a court of
competent jurisdiction invalid, such judgment shall not affect
application to other persons or circumstances.
Section 5. Safety Clause. The City council hereby finds,
determines, and declares that this ordinance is promulgated under
the general police power of the City of Wheat Ridge, that it is
promulgated for the health, safety, and welfare of the public, and
that this ordinance is necessary for the preservation of health and
safety and for the protection of public convenience and welfare.
The City Council further determines that the ordinance bears a
rational relation to the property legislative object sought to be
attained.
section 6. This ordinance shall become effective 15
day(s) after final publication.
INTRODUCED, READ, AND ADOPTED on first reading by a vote of
8 to 0 on this 22 nd day of June , 1992,
ordered published in full in a newspaper of general circulation in
the City of Wheat Ridge and Public Hearing and consideration on
final passage set for July 13 , 1992, at
7:30 o'clock p.m., in the Council Chambers, 7500 West 29th Avenue,
Wheat Ridge, Colorado.
READ, ADOPTED,
reading by a vote of
July
AND ORDERED PUBLISHED
8 to 0 this
1992.
on second and
13th day of
final
SIGNED by the Mayor on this
1992.
14th day of
July
(~y L ;.c,'~
Ray J. er, Jr(] , or
2
ATTEST:
erk
1st Publication: July 2, 1992
2nd Publication: July 23, 1992
Wheat Ridge sentinel:
Effective Date: August 7, 1992
APPROVED AS TO FORM BY
OFFICE q~;P~TY,ATTORNEY
/ -~? ''\ /
,) ."
, iI
, ,1
. . .
. Hayes, Ci Attorney
3