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HomeMy WebLinkAbout2026 Ordinance No. 005 1 ORDINANCE COUNCIL BILL NO. 2 NO. 5 INTRODUCED BY COUNCIL SERIES OF 2026 MEMBER PRANGE AN ORDINANCE AMENDING ENGLEWOOD MUNICIPAL CODE SECTION 7-6F-4 THEFT, TO ALIGN WITH STATE LAW MISDEMEANOR LIMIT WHEREAS, large sections of the current Englewood Municipal Code (“EMC”) were drafted and adopted in 1985, and significantly unchanged since that time; and WHEREAS, in the last 40 years, state statute applicable to various criminal offenses prosecuted in Englewood Municipal Court evolved to align with best practices and case law; and WHEREAS, City Council directed the City Attorney’s Office to comprehensively review Englewood Municipal Code to ensure it reflects current applicable law, and to propose revisions for clarity and ease of understanding; and WHEREAS, as part of this project, City staff concluded that EMC § 7-6F-4 no longer reflects the jurisdictional limit for theft that may be resolved in Municipal Court, as Municipal Code sets the limit at $1,000 but state law sets that limit at $2,000; and WHEREAS, City Council desires to amend this section of Municipal Code to allow theft matters to be resolved in Englewood Municipal Court if the item at issue is valued at $2,000 or less. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. Amendment of Title 9, Chapter 6F, Section 7-6F-4. Englewood Municipal Code § 7-6F-4 shall be amended to read as follows (new provisions underlined; and deleted provisions crossed through): 7-6F-4: - Theft. A. It shall be unlawful for any person knowingly to: obtain, retain, or exercise control over goods or services valued at less than two one thousand dollars ($21,000.00) of another without authorization or by threat or deception; receive, loan money by pawn or pledge on, or dispose of anything of value or belonging to another knowing or believing said thing to have been stolen; or procure food or accommodations from a public establishment without making payment therefore, and: Docusign Envelope ID: 53B6A36F-B90D-4B40-9205-6DD8723BED0E 2 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 as to deprive the other person permanently of the use or benefit of the same; 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 the person is not legally entitled as a condition of restoring the thing of value to the other person; or 5. Knowingly retains the thing of value more than seventy-two (72) hours after the agreed-upon time of return in any lease or hire agreement. B. The court shall consider, as part of any restitution ordered, the loss of revenue proximately resulting from the violation and/or failure to timely return the property involved. Section 2. 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. The City Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be obtained. This Safety Clause Docusign Envelope ID: 53B6A36F-B90D-4B40-9205-6DD8723BED0E 3 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, and has authority to correct formatting and/or typographical errors discovered during codification. G. Enforcement. To the extent this ordinance establishes a required or prohibited action punishable by law, unless otherwise specifically provided in Englewood Municipal Code or applicable law, violations shall be subject to the General Penalty provisions contained within EMC § 1-4-1. Introduced and passed on first reading on the 20th day of January, 2026; and on second reading, in identical form to the first reading, on the 2nd day of February, 2026. Othoniel Sierra, Mayor 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 an Ordinance, introduced and passed in identical form on first and second reading on the dates indicated above; and published two days after each passage on the City’s official website for at least thirty (30) days thereafter. The Ordinance shall become effective thirty (30) days after first publication on the City’s official website. Stephanie Carlile Docusign Envelope ID: 53B6A36F-B90D-4B40-9205-6DD8723BED0E