HomeMy WebLinkAbout1998 Ordinance No. 065. 't
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ORDINANCE N0 .16.
SERIES OF 1998
BY AUTHORITY
COUNCIL BILL NO. 57
INTRODUCED BY COUNCIL
MEMBER WAGGONER
AN ORDINANCE AMENDING TITLE 7, CHAPTER 6F, SECTIONS 4(A), 4 , 5, 8(A)
AND 9(C), OF THE ENGLEWOOD MUNICIPAL CODE 1985 PERTAINING TO
JURISDICTIONAL LIMITS .
WHEREAS , the State has raised the jurisdictional limit for Class II misdemeanors
to five hundred dollars ($500); and
WHEREAS , the State Statutes provide for concurrent jurisdiction with a
jurisdictional limit up to five hundred dollars ($500) for municipal ordinances ; and
WHEREAS , the jurisdictional limit of four hundred dollars ($400), prevents the City
from making full use of its authorized powers to enforce against theft ; and
WHEREAS , the statutory definition for theft includes price switching, petty theft,
shoplifting and goods and services by fraud;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD , COLORADO, AS FOLLOWS:
Section 1. The City Council of the City of Englewood, Colorado hereby amends
Title 7, Chapter 6F , Section 3A, of the Englewood Municipal Code 1985 which shall
read as follows :
7-6F-3: SHOPLIFTING:
A. Offense Stated. It s hall be unlawful for any person to wilfully 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 fettf'" FIVE hundred dollars ($40 0 .00 500.00).
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.
Section 2 . The City Council of the City of Englewood, Colorado hereby amends
Title 7 , Chapter 6F, Section 4, of the Englewood Municipal Code 1985 which shall
read as follows:
7-6F-4 : PETTY THEFT: It shall be unlawful for any person knowingly to obtain or
exercise control over anything of the value of less than fettf'" FIVE hundred dollars
($400.00 500 .00) of another without authorization or by threat or deception , or
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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 person.
Section 3. The City Council of the City of Englewood , Colorado hereby amends
Title 7, Chapter 6F, Section 5, of the Englewood Municipal Code 1985 which shall
read as follows:
7-6F-5: PRICE SWITCHING: It shall be unlawful for any person to wilfully
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 fetff FIVE hundred dollars ($400.00
500 .00) or more.
Section 4. The City Council of the City of Englewood, Colorado hereby amends
Title 7 , Chapter 6F , Section BA, of the Englewood Municipal Code 1985 which shall
read as follows :
7-6F-8 : OBTAINING SERVICES OR GOODS BY FRAUD:
A. It shall be unlawful for any person to obtain services, WHICH ARE VALUED
AT $500, which he knows are available only for compensation, by deception or
threat or by false token or other means to avoid payment for the service.
"Services" include labor, professional service , telephone or other public service,
accommodation in hotels , restaurants or elsewhere, admission to exhibitions,
use of vehicles or other movable property . When compensation for service is
ordinarily paid immediately upon the rendering of such service , as in the case
of hotels and restaurants, refusal to pay or absconding without payment or
offer to pay gives rise to a presumption that the service was obtained by
deception as to intention to pay.
B. It shall be unlawful for any person having control over the disposition of
services of others , to which he is not entitled, to divert such services to his own
benefit or the benefit of another not entitled thereto .
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Section 5 . The City Council of the City of Englewood, Colorado hereby amends
Title 7, Chapter 6F, Section 9C, of the Englewood Municipal Code 1985 which shall
read as follows:
7-6F-9: BAD CHECKS:
C. Offense Enumerated. It is a violation of this Section, punishable as provided
in Englewood Municipal Code Section 1-4-1 , for a person to issue or to pass a
check for the payment of money less than fetti' FIVE hundred dollars ($400.00
500.00) knowing that the issuer does not have sufficient funds in or on deposit
with the drawee for the payment in full of the check or order as well as all
other checks outstanding at the time of issuance.
Introduced, read in full , and passed on first reading on the 21st day of September,
1998.
Published as a Bill for an Ordinance on the 25th day of September, 1998.
Read by title and passed on final reading on the 5th day of October, 1998.
Published by title as Ordinance No . 1£, Series of 1998, on the 9th day of
October , 1998 .
Loucrishia A . Ellis, City Clerk
I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify
that the above and foregoing is a true CO!f~f the Ordinance passed on final reading
and published by title as Ordinance No.CO, Series of 1998 .
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