HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 08/19/2003 - FIRST READING OF ORDINANCE NO. 112, 2003, AMENDING AGENDA ITEM SUMMARY ITEM NUMBER: 20
FORT COLLINS CITY COUNCIL DATE: August 19, 2003
FROM:
Gary Perman
SUBJECT:
First Reading of Ordinance No. 112, 2003, Amending Article III of Chapter 17 of the City Code
Pertaining to Offenses Against Property.
RECOMMENDATION:
Staff recommends adoption of the Ordinance on First Reading.
EXECUTIVE SUMMARY:
Like the State, the City of Fort Collins has maintained laws in its Code against theft of rental
property, concealment and criminal mischief. Currently, under State law, such crimes may be
considered either a misdemeanor or a felony,depending upon the amount of dollar loss. Under the
City Code such crimes are misdemeanors if the value of the property stolen,concealed or damaged
is less than $400. These crimes under the State statutes are considered misdemeanors if the value
of the property is less than $500.
This Ordinance amends Sections 17-37, 17-38, 17-39 to raise the value limit of property to $500,
which will be consistent with State Statutes relating to theft of rental property, concealment and
criminal mischief.
. ORDINANCE NO. 112, 2003
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING ARTICLE III OF CHAPTER 17 OF THE CODE
OF THE CITY OF FORT COLLINS
PERTAINING TO OFFENSES AGAINST PROPERTY
WHEREAS, the Colorado General Assembly has amended the State law to change the
jurisdictional amount for the misdemeanor crimes of theft of rental property,concealment of goods
and criminal mischief from$400 to $500; and
WHEREAS, the City Code currently establishes the jurisdictional amount of$400 for the
misdemeanor crimes of theft of rental property, concealment of goods and criminal mischief; and
WHEREAS, the Council wishes to raise the jurisdictional amounts of these local offenses
to$500 to be consistent with State law.
NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS that Sections 17-37, 17-38 and 17-39 of the Code of the City of Fort Collins are hereby
amended to read as follows:
Sec. 17-37. Theft of rental property.
• No person shall:
(1) Obtain the temporary use of personal property of another, which is
available only for hire,by means of threat or deception,or knowing that
such use is without the consent of the person providing the personal
property; or
(2) Having lawfully obtained possession for temporary use of the personal
property of another which is available only for hire, knowingly fail to
reveal the whereabouts of or to return the property to the owner thereof
or a representative of the owner or to the person from whom the property
was received within seventy-two (72) hours after the time at which the
person agreed to return it where the value of the thing involved is less
than four five hundred dollars($4500.).
Sec. 17-38. Concealment of goods.
If any person willfully conceals unpurchased goods, wares or merchandise
valued at less than four five hundred dollars ($4500.)owned or held by and offered
or displayed for sale by any store or other mercantile establishment, whether the
concealment be on his or her own person or otherwise and whether on or off the
. premises of the store or mercantile establishment, such concealment constitutes
prima facie evidence that the person intended to commit the crime of theft.
Sec. 17-39. Criminal mischief.
No person shall knowingly injure, damage or destroy the real or personal
property of one (1)or more other persons in the course of a single criminal episode
where the aggregate damage to the real or personal property is less than fam five
hundred dollars ($4500.).
Introduced,considered favorably,and ordered published this 19th day of August A.D.2003,
and to be presented for final passage on the 2nd day of September, 2003.
Mayor
ATTEST:
City Clerk
Passed and adopted on final reading this 2nd day of September, A.D. 2003.
Mayor
ATTEST:
City Clerk