HomeMy WebLinkAbout118 - 09/20/2011 - AMENDING ARTICLE III OF CHAPTER 17 OF THE CITY CODE PERTAINING TO JURISDICTIONAL AMOUNT . OF VARIOUS ORDINANCE NO. 118, 2011
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 JURISDICTIONAL AMOUNT
i OF VARIOUS CRIMINAL OFFENSES
WHEREAS, the Colorado General Assembly has amended state law to change the
jurisdictional amount for the misdemeanor crimes of theft, theft of rental property, concealment of
goods, and criminal mischief from $500 to $1,000; and
WHEREAS, the City Code currently establishes the jurisdictional amount for the
misdemeanor crimes of theft, theft of rental property, concealment of goods,and criminal mischief
at $500; and
WHEREAS,Fort Collins Police Services recommends raising the jurisdictional amounts of
these local offenses to $1,000 to be consistent with state law; and
WHEREAS, the City Council believes that it would be in the best interests of the City to
approve the changes to the City Code.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That Section 17-36 of the Code of the City of Fort Collins is hereby amended
to read as follows:
See. 17-36. Theft.
No person shall knowingly obtain or exercise control over anything of value of
less than one thousand dollars($1,000.)of another without authorization or by threat
or deception when such person:
(1) Intends to deprive the other person permanently of the use or benefit of the
thing of value; or
(2) Knowingly uses, conceals or abandons the thing of value in such manner as
to deprive the other person permanently of its use or benefit; or
(3) Uses, conceals or abandons the thing of value intending that such use,
concealment or abandonment will deprive the other person permanently of
its use or benefit; or
(4) Demands any consideration to which he or she is not legally entitled as a
condition of restoring the thing of value to the other person.
Section 2. That Section 17-37 of the Code of the City of Fort Collins is 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 thanone
thousand dollars ($1,000.).
Section 3. That Section 17-38 of the Code of the City of Fort Collins is hereby amended
to read as follows:
Sec. 17-38. Concealment of goods.
If any person willfully conceals unpurchased goods,wares or merchandise valued
at less than one thousand dollars($1,000.)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.
Section 4. That Section 17-39 of the Code of the City of Fort Collins is hereby amended
to read as follows:
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 one thousand dollars
($1,000.).
-2-
Introduced, considered favorably on first reading, and ordered published this 6th day of
September, A.D. 2011, and to be presented for final passage on the 20th day of September, A.D.
2011.
F FORTC
�:' �•�2 � ayor
ATTEST: vt SEAL • o
16Ls :
CORAL
City Clerk
Passed and adopted on final reading on the 20th day of September, A.D. 2011.
OF FOpt. Wyor
ATTEST: `may..,......,,,c0
C�
AU
Chief Deputy City Clerk '
c"•,....... '
�ORADO
-3-