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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