HomeMy WebLinkAbout1981 Ordinance No. 043... .. '
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ORD IN AN CE NO. 4,. -f_
SERIES OF 198~
BY AUTHORITY
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COUNCIL BILL NO. 46
INTRODUCED BY COUNCIL
MEMBER BRADSHAW
AN ORDINANCE REPEALING AND REENACTING CHAPTER 9, TITLE XI, OF 'THE
1969 ENGLEWOOD MUNICIPAL CODE, AS AMENDED, CONCERNING OFFENSES
RELATING TO PROPERTY AND DECLARING AN EMERGENCY.
WHEREAS, the City, currently in Chapter 9, Title XI, of
the '69 E.M.C., as amended, provides for the offense of shoplifting;
and
WHEREAS, the provisions of 11-9-9 only provides for shoplifting
consisting of the wilful concealment of unpurchased goods and wares;
and
WHEREAS, there is a need to also provide for the taking
of goods and wares and theft of propert y with value of less than
$200.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
• CITY OF ENGLEWOOD, COLORADO:
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Section 1. Section 9, Chapter 9, Title XI, of the 1969 Englewood
Municipal Code is hereby repealed and reenacted to read as follows:
11-9-9: SHOPLIFTING
§e ehaii be tmiawf~i fer any pereen ee wiif~iiy eeneeai
~p~rehased ~eeds 7 wares er merehandiee ewned er heid ey
an4 effered er 4tspiayed fer eaie ey any seere er eeher
mereeneiie eseaeiiehmene7 wheeher the eeneeaiment ee en
hte pereen er eeherwiee ans wheeher en er ef f ehe premises
e~ said seere er mereaneiie eseaeiiehmene7 whieh ~eede7
wares er merehandiee have a eeeai vai~e ef iees ehan ewe
h.sn4rea aeiiare ~$i88T88t. S~eh eeneeaiment eenetit~tee
prtfM faeie evtaenee ehat the pereen tneenaea te aveta
payaene eherefer~
IT SHALL BE UNLAWFUL FOR ANY PERSON TO WILFULLY OBTAIN
UNPURCHASED GOODS,. WARES, OR MERCHANDISE OWNED OR HELD
BY AND OFFERED OR DISPLAYED FOR SALE BY ANY STORE OR
OTHER MERCANTILE ESTABLISHMENT WITH AN INTENT TO AVOID
PAYMENT, WHICH GOODS, WARES, OR MERCHANDISE HAVE A TOTAL
VALUE OF LESS THAN TWO HUNDRED DOLLARS ($200).
THE FACT OF OBTAINING UNPURCHASED GOODS WITH AN INTENT
TO AVOID PAYMENT MAY BE SHOWN BY CONCEALMENT OF THE GOODS
ON ONE'S PERSON OR OTHERWISE, WHETHER ON OR OFF THE
PREMISES, OR BY SOME OTHER CONDUCT OF A PERSON WHICH
EVIDENCES SUCH INTENT TO AVOID PAYMENT.
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Section 2. New Section 11, Chapter 9, Title XI, of the 1969
Englewood Municipal Code is hereby added to the Code to read as
follows:
11-9-11: PETTY THEFT
IT SHALL BE UNLAWFUL FOR ANY PERSON KNOWINGLY TO OBTAIN
OR EXERCISE CONTROL OVER ANYTHING, OF THE VALUE OF LESS THAN
TWO HUNDRED DOLLARS ($200), OF ANOTHER WITHOUT AUTHORIZATION,
OR BY THREAT OR DECEPTION, OR KNOWING SAID THING OF SUCH VALUE
TO HAVE BEEN STOLEN, WHEN THE PERSON WHO SO OBTAINED OR
EXERCISES CONTROL OVER SUCH THING OF SUCH VALUE:
(a) INTENDS TO DEPRIVE SUCH OTHER PERSON PERMANENTLY OF
THE USE OR BENEFIT OF SUCH THING OF VALUE: OR
(b) KNOWINGLY USES, CONCEALS, OR ABANDONS SUCH THING OF
VALUE AS TO DEPRIVE SUCH OTHER PERSON PERMANENTLY OF THE
USE OR BENEFIT OF THE SAME: OR
(c) DEMANDS ANY CONSIDERATION TO WHICH SUCH PERSON IS
NOT LEGALLY ENTITLED AS A CONDITION OF RESTORING SUCH
THING OF VALUE TO SUCH OTHER.
Section 3. New Section 12, Chapter 9, Title XI of the 1969 E.M.C.
is hereby added to read as follows:
11-9-12: PRICE SWITCHING
IT SHALL BE UNLAWFUL FOR ANY PERSON TO WILFULLY ALTER,
REMOVE OR SWITCH THE INDICATED PRICE OF ANY UNPURCHASEO GOODS,
WARES OR MERCHANDISE OWNED OR HELO BY ANO OFFERED OR DISPLAYED
FOR SALE BY ANY STORE OR OTHER MERCANTILE ESTABLISHMENT, WITH
THE INTENT TO DEFRAUD SUCH STORE OR MERCANTILE ESTABLISHMENT:
PROVIDED, HOWEVER, THAT THIS SECTION SHALL NOT APPLY TO GOODS,
WARES OR MERCHANDISE OF A VALUE OF TWO HUNDRED DOLLARS ($200)
OR MORE.
Section 4. Emergency.
An emergency is hereby declared in t hat the health, safety
and welfare of the community requires that to prevent the theft,
shoplifting and switching of prices, offenders be prosecuted in
Municipal Court.
Introduced, read in full, and passed on first reading on the
18th day of May, 1981 .
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Pub l ished as a Bill for an Ordinance on the 20th aay of May,
1981.
Read by title and passed on final reading on the 1st day
of June, 1981.
Published by title as Ordinance No.~ , Series of l9ijl,
on the 3rd day of June, 1981.
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~· Eug:ebe ~. Otis, Mayor
Attest:
~ ~ e ~fido~&k= easurer
I, Gary R. Higbee, ex officio City Clerk-Treasurer of the
City of Englewood, Colorado, hereby certify that the above and
foregoing is a true, accurate and complete copy of the Ordinance
pass;;;Jn final reading and published by title as Ordinance
No. , Series of 1981.
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