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HomeMy WebLinkAboutOrdinance-1997-1084 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER Solano Council Bill No 24 Ordinance No 1084 Series of 1997 TITLE AN ORDINANCE AMENDING THE INCREASING THE AMOUNT TAKEN OTHER ORDINANCES IN CONFLICT EMERGENCY MUNICIPAL THEFT CHARGE BY UP TO $500 00, REPEALING ALL THEREWITH AND DECLARING AN WHEREAS, the City currently prosecutes theft charges as municipal offenses if the amount taken is under the value of four hundred dollars ($400001, and WHEREAS, theft or shoplifting in an amount equal to or greater than four hundred dollars ($400 00) has been classified as a Class 4 felony, and WHEREAS, the Colorado General Assembly adopted House Bill 97-1077, effective July 1, 1997, which provides that theft is a Class 4 felony if the thing of value Involved is five hundred dollars ($ 500 00) or more but less than fifteen hundred dollars ($1500 00), and WHEREAS, the City Council desires to increase the jurisdiction of the municipal court to allow for prosecutions in municipal court for theft where the thing of value taken is under the value of five hundred dollars ($50000), in order to ensure that such violations will be capable of prosecution BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO, AS FOLLOWS Section 1 Subsection (b) of Section 16-41 of the Code of Laws of the City of Wheat Ridge, concerning theft, is hereby amended to read as follows Sec 16-41 Theft--Generally (b) ThiS section shall not apply when the aggregate value of the items taken in any one (1) criminal episode is valued at fffiIf FIVE hundred dollars ($JIOO.OO) ($50000) or more, nor where the #ffie 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 Emergencv Declared Effective Date This Ordinance is immediately necessary for the preservation of public property, health, peace and safety in order to guarantee that thefts in an amount of less than $ 500 00 will be prosecuted and punished accordingly and for the reasons set forth in the "Whereas" clauses of this Ordinance. which GED530n 18911 H Ul are fully incorporated herein by this reference This Ordinance shall take effect immediately upon passage Section 3 Severabilitv If any section, subsection or clause of this ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby Section 4 Repeal of conflicting ordinances All other ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed INTRODUCED, READ, ADOPTED AS AN EMERGENCY ORDINANCE, AND ORDERED PUBLISHED in full In a newspaper of general circulation in the City of Wheat Ridge within ten days after passage or as soon thereafter as possible, BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO, by a vote of ~ to ~ this 28th day of July , 1997 [\ 'L I->-'c~, ,.C c",..A_& ~.' DAN WILDE, MAYOR ATTEST /lU~h ~J_c fS WANDA SANG, C'ITY CLERK GERALD E DAHL, CITY ATTORNEY Publication In Wheat Ridge Transcript August 1, 1997 , 1997 13ED,53U2~ 18911~ 01 2