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Home My WebLink About2022 Ordinance No. 0611 BY AUTHORITY ORDINANCE NO. 61 COUNCIL BILL NO. 68 SERIES OF 2022 INTRODUCED BY COUNCIL MEMBER WARD AN ORDINANCE AMENDING TITLE 7, CHAPTER 6 ARTICLE F, OF ENGLEWOOD MUNICIPAL CODE REGARDING SHOPLIFTING AND PRICE SWITCHING WHEREAS, Englewood Municipal Code Title 7, Chapter 6, Article F, provides for offenses relating to property; and WHEREAS, Ordinance No. 36, Series of 2022 amended various sections of the public offense code, including EMC § 7-6F-4; and WHEREAS, amendment of Petty Theft in EMC § 7-6F-4 to Theft, and inclusion of additional language to mirror state law expands its application to various theft-related offenses; and WHEREAS, EMC § 7-6F-4, as amended, and other existing law as it relates to the ability to detain offenders for investigation, eliminates the need for separate Municipal Code sections of Shoplifting and Price Switching in EMC §§ 7-6F-3 and 7-6F-5, and those sections may be repealed. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. Repeal of Shoplifting Offense from Englewood Municipal Code Title 7, Chapter 6, Article F, Section 3 of Englewood Municipal Code, Shoplifting, is hereby repealed in full. 7-6F-3: Reserved - Shoplifting. A. Offense Stated. It shall be unlawful for any person to willfully 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 five hundred dollars ($500.00). 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. B. Right to Detain and Question. If any person conceals upon his person or otherwise carries away any unpurchased good, wares or merchandise held or owned by any store or mercantile DocuSign Envelope ID: B4D28739-75CE-4DE1-BA43-AE96DEA0C2F9 2 establishment, the merchant or any employee thereof or any peace officer, acting in good faith and upon probable cause based upon reasonable grounds therefor, may detain and question such person, in a reasonable manner, for the purpose of ascertaining whether the person is guilty of shoplifting. It is unlawful for any person to intentionally, knowingly, or recklessly interfere with or obstruct any store or mercantile establishment employee attempting to detain or detaining any person so suspected of shoplifting. Section 2. Repeal of Price Switching Offense from Englewood Municipal Code Title 7, Chapter 6, Article F, Section 5 of Englewood Municipal Code, Price Switching, is hereby repealed in full (new provision in italics; repealed section cross-through). 7-6F-5: Reserved- Price Switching. It shall be unlawful for any person to willfully alter, remove or switch the indicated price of any unpurchased goods, wares or merchandise owned or held by and 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 five hundred dollars ($500.00) or more. Section 3. General Provisions Applicable to this Ordinance The following general provisions and findings are applicable to the interpretation and application of this Ordinance: A. Severability. If any clause, sentence, paragraph, or part of this Ordinance or the application thereof to any person or circumstances shall for any reason be adjudged by a court of competent jurisdiction invalid, such judgment shall not affect, impair or invalidate the remainder of this Ordinance or its application to other persons or circumstances. B. Inconsistent Ordinances. All other Ordinances or portions thereof inconsistent or conflicting with this Ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict. C. Effect of repeal or modification. The repeal or modification of any provision of the Code of the City of Englewood by this Ordinance shall not release, extinguish, alter, modify, or change in whole or in part any penalty, forfeiture, or liability, either civil or criminal, which shall have been incurred under such provision, and each provision shall be treated and held as still remaining in force for the purposes of sustaining any and all proper actions, suits, proceedings, and prosecutions for the enforcement of the penalty, forfeiture, or liability, as well as for the purpose of sustaining any judgment, decree, or order which can or may be rendered, entered, or made in such actions, suits, proceedings, or prosecutions. D. Safety Clauses. The City Council hereby finds, determines, and declares that this Ordinance is promulgated under the general police power of the City of Englewood, 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. DocuSign Envelope ID: B4D28739-75CE-4DE1-BA43-AE96DEA0C2F9 3 The City Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be obtained. This Safety Clause is not intended to affect a Citizen right to challenge this Ordinance through referendum pursuant to City of Englewood Charter 47. E. Publication. Publication of this Ordinance may be in the City’s official newspaper, the City’s official website, or both. Publication shall be effective upon the first publication by either authorized method. F. Actions Authorized to Effectuate this Ordinance. The Mayor is hereby authorized and directed to execute all documents necessary to effectuate the approval authorized by this Ordinance, and the City Clerk is hereby authorized and directed to attest to such execution by the Mayor where necessary. In the absence of the Mayor, the Mayor Pro Tem is hereby authorized to execute the above-referenced documents. The execution of any documents by said officials shall be conclusive evidence of the approval by the City of such documents in accordance with the terms thereof and this Ordinance. City staff is further authorized to take additional actions as may be necessary to implement the provisions of this Ordinance. Introduced, read in full, and passed on first reading on the 7th day of November, 2022. Published by Title as a Bill for an Ordinance in the City’s official newspaper on the 10th day of November, 2022. Published as a Bill for an Ordinance on the City’s official website beginning on the 9th day of November, 2022 for thirty (30) days. Read by Title and passed on final reading on the 21st day of November, 2022. Published by Title in the City’s official newspaper as Ordinance No. 61, Series of 2022, on the 24th day of November, 2022. Published by title on the City’s official website beginning on the 23rd day of November, 2022 for thirty (30) days. This Ordinance shall take effect thirty (30) days after publication following final passage. Othoniel Sierra, Mayor DocuSign Envelope ID: B4D28739-75CE-4DE1-BA43-AE96DEA0C2F9 4 ATTEST: Stephanie Carlile, City Clerk I, Stephanie Carlile, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of the Ordinance passed on final reading and published by Title as Ordinance No. 61, Series of 2022. Stephanie Carlile DocuSign Envelope ID: B4D28739-75CE-4DE1-BA43-AE96DEA0C2F9