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HomeMy WebLinkAboutOrdinance-1997-1086 - CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER Council Bill No 25 Ordinance No. 1997- 1086 Solapo Series of 1997 TITLE AN ORDINANCE AMENDING THE MUNICIPAL THEFT CHARGE BY INCREASING THE AMOUNT TAKEN UP TO $50000 AND REPEALING ALL OTHER ORDINANCES IN CONFLICT THEREWITH WHEREAS, the City currently prosecutes theft charges as municipal offenses if the amount taken is under the value of four hundred dollars ($40000), and WHEREAS, theft or shoplifting in an amount equal to or greater than four hundred dollars ($400 00) has been classified as a Class 4 felony; and WHEREAS, the Colorado General Assembly adopted House Sill 97-1077, effective July 1, 1997, which provides that theft is a Class 4 felony if the thing of value involved is five hundred dollars ($ 500 00) or more but less than fifteen hundred dollars ($1500 001, 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 ($50000) BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO, AS FOLLOWS Section 1 Subsection (b) of Section 16-41 of the Code of Laws of the City of Wheat Ridge, concerning theft, is hereby amended to read as follows Sec 16-41 Theft--Generally (bl This section shall not apply when the aggregate value of the items taken in any one (1) criminal episode is valued at.f.Bw-- FIVE hundred dollars ($-100.00) ($500 OO) or more, nor where the t+me 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 Safetv 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 tile protection of publiC convenience and welfare The City Council further determines that the Ord'lnance bears a rational relation to the proper legislative object sought to be attained Section 3 Severability. Conflicting Ordinances ReDealed If any section, subsection or clause of this ordinance shall be deemed to be unconstitutional or otherwise Ordinance No 1997- 1086 Page 2 IIlvalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby All other ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed Section 4 Effective Date This Ordinance shall take effect fifteen days after final publication, as provided by Section 5 11 of the Charter INTRODUCED, READ, AND ADOPTED on first reading by a vote of 8 to 0 on this 28th day of July , 1997, 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 August 11 , 1997, at 7 00 o'clock pm, In the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of 8 to 0 ,this 11 th day of August , 1997 SIGNED by the Mayor on this 12th day of August , 1997 .t.f) A-c ,_lvLui-- DAN WILDE, MAYOR ATTEST APPROVED AS TO FORM BY C~EY _u,t%!6?~ G RALD E DAHL, CITY ATTORNEY First Publication August 1, 1997 Second Publication August 15, 1997 Wheat Ridge Transcript Effective Date August 30, 1997 f'!:-LT ,- 'L ~