HomeMy WebLinkAboutOrdinance-2007-1392
CITY OF WHEAT RIDGE, COLORADO
INTRODUCED BY COUNCIL MEMBER SANG
Council Bill No. 14-2007
Ordinance No 1392
Series of 2007
TITLE: AN ORDINANCE AMENDING CHAPTER 16, ARTICLE III,
SECTIONS 41 THROUGH 43 OF THE CITY CODE
CONCERNING MISCELLANEOUS OFFENSES
WHEREAS, the City of Wheat Ridge, acting through its City Council (the
"Council"), has authority pursuant to Article XX, Section 6 of the Colorado
Constitution and, inter alia, C.R.S. SS 31-15-401 to punish criminal offenses
committed within the City; and
WHEREAS, the Council has previously adopted code sections concerning
offenses against property rights, codified in Chapter 16, Article III of the Code of
Laws of the City of Wheat Ridge (the "Code"); and
WHEREAS, these code sections contain dollar value limitations; and
WHEREAS, the Council determined that those values require inflationary
adjustments; and
WHEREAS, the City's Police Department has determined that updating
Chapter 16, Article III, Sections 41 through 43 of the Code to be consistent with
state law amendments will provide for better regulation of property crime within
the City; and
WHEREAS, the Council desires to amend the Code accordingly.
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WHEAT RIDGE, COLORADO:
Section 1. Code of Laws Section 16-41 (b) is hereby amended to read:
Sec. 16-41 Theft - generally.
(a) . . .
(b) This section shall not apply when the aggregate value of
the items taken in anyone (1) criminal episode is valued at
#o'e rr'..JF:jre6 ONE THOUSAND dollars ($500.00)
($1,000.00) 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. Code of Laws Section 16-42 (e) is hereby amended to read:
Sec. 16-42 Theft - by check.
(a) . . .
(e) Nothing in this section shall apply where the value of
the check exceed fe-ur hun8red ONE THOUSAND dollars
($400.00) ($1,000.00), or where the offender is under
accusation or formal criminal filing involving the issuance of
two (2) or more checks within any sixty-day period in the
state with an aggregate value of foul huj'"';3re6 ONE
THOUSAND dollars ($400.00) ($1,000.00) 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 theft or fraud by check.
Section 3. Code of Laws Section 16-43 is hereby amended to read:
Sec. 16-43 Criminal mischief.
It is unlawful for any person to knowingly or recklessly
injure, damage or destroy the real or personal property
owned by another, in whole or in part; provided that this
section shall not apply where the aggregate damage in any
one (1) criminal episode to such real or personal property is
tcur hundrcd ONE THOUSAND dollars ($400.00)
($1,000.00) or more, or where the damage is effected by
means of fire or explosives or with the intent to defraud.
Section 4. Safety Clause. The City Council hereby finds, determines, and
declares that this Ordinance is promulgated under the general police power of the
City of Wheat Ridge, that it is promulgated for the health, safety, and welfare of
the public and that this Ordinance is necessary for the preservation of health and
safety and for the protection of public convenience and welfare. The City Council
further determines that the Ordinance bears a rational relation to the proper
legislative object sought to be attained.
Section 5. Effective Date. This Ordinance shall take effect July 1, 2007, as
provided by Section 5.11 of the Charter.
INTRODUCED, READ, AND ADOPTED on first reading by a vote of 8 to 0 on
this 11 th day of June, 2007, ordered published in full in a newspaper of general
circulation in the City of Wheat Ridge and Public Hearing and consideration on final
passage set for June 25, 2007, at 7:00 o'clock p.m., in the Council Chambers,
7500 West 29th Avenue, Wheat Ridge, Colorado.
READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by
a vote of 8 to 0, this 25th day of June, 2007.
SIGNED by the Mayor on this 26th day of
June
,2007.
----ill" l t~~") )\\" (,ll f{I' --l~,.,{,,_
Jerry DiTullio, Mayor .)
ATTEST:
0(Jt@$
Gerald E. Dahl, City Attorney
First Publication: 6-14-2007
Second Publication: 6-28-07
Wheat Ridge Transcript
Effective Date: 7-1-07