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HomeMy Public PortalAboutOrdinance 500 Amending Chapter 10 Article 2 to Revise the Dollar Limites for Offenses of Theft and Damage to PropertyTOWN OF FRASER ORDINANCE NO. 500 SERIES OF 2023 AN ORDINANCE AMENDING CHAPTER 10, ARTICLE 2 OF THE FRASER TOWN CODE TO REVISE THE DOLLAR LIMITS FOR THE OFFENSES OF THEFT AND DAMAGE TO PROPERTY WHEREAS, the Board of Trustees wishes to increase the definitions of theft and damage to property codified in the Fraser Town Code (the "Town Code") to conform with the dollar limits for municipal offenses set forth in state law; and WHEREAS, the Board of Trustees also wishes to generally update language used in the applicable sections of the Town Code. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES FOR THE TOWN OF FRASER, COLORADO, THAT: PART 1; AMENDEDMENT OF THE MUNCIPAL CODE. Chapter 10, of the Fraser Municipal Code (herein sometimes referred to as the "Municipal Code") are hereby amended as follows [Note: additions are shown in bold underlined print; deletions are shown as strikethro a print]: Chapter 10 10-2-50: THEFT: It is unlawful to commit theft. A person commits theft when they (1) Knowingly obtain or exercise control over anything of value of another person without authorization or by threat or deception; and (2) Intends to deprive the other person permanently of the use or benefit of the thing of value; or (3) Knowingly uses, conceals, or abandons the thing of value in such a manner as to deprive the other person permanently of its use or benefits; or (4) Uses, conceals, or abandons the thing of value intended that such use, concealment, or abandonment will deprive the other person permanently of its use and benefits; or (5) Demands any consideration to which they are not legally entitled as a condition of restoring the thing of value to the other person; and (6) Where the value of the thing involved is less than Gee -two thousand dollars ($1-,000.00) ($2,000.00). 10-2-60: DAMAGING PROPERTY: It is unlawful for any person intentionally, knowingly, or recklessly to injure, deface, destroy, or sever in any manner any real or personal property, or improvements thereto, of any other person in this Town, including property owned by the Town, where the aggregate damage is less than one two thousand dollars 41,000700) ($2000.00). PART 2: REPEAL. Any and all existing ordinances or parts of ordinances of the Town of Fraser covering the same matters as embraced in this Ordinance are hereby repealed and all ordinances or parts of ordinances inconsistent with the provisions of this ordinance are hereby repealed; provided, however, that such repeal shall not affect or prevent the prosecution or punishment of any person for any act done or committed in violation of any ordinance hereby repealed prior to the taking effect of this Ordinance. PART 3: SEVERABILITY. If any section, subsection, sentence, clause or phrase of this Ordinance is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this Ordinance. The Town of Fraser hereby declares that it would have adopted this Ordinance, and each section, subsection, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases thereof be declared invalid or unconstitutional. PART 4: EFFECTIVE DATE. This Ordinance shall take effect thirty (30) days after passage, adoption and publication thereof as provided by law. PART 5: PUBLICATION. This Ordinance shall be published by title only. READ, PASSED, ADOPTED AND ORDERED PUBLISHED BY THE BOARD OF TRUSTEES AND SIGNED THIS 21st DAY OF JUNE, 2023. Votes in favor: CO BOARD OF TRUST ES OF THE Votes opposed: 0 TO ► ' S ' , COLORADO Votes abstained: h OF F/S� BY: Mayor SEAL I (S E J ATTEST: wn -y L \ .� Town Clerk COI. �OR P �s� �a a� �� Published in the Middle Park Times on 2