HomeMy Public PortalAboutOrdinance 421 Amending Sections 10-2-50 $ 10-2-60 Monitary Limits on Prosecuting Crimes/Theft & Damaging Property TOWN OF FRASER
ORDINANCE NO. 421
SERIES OF 2014
AN ORDINANCE AMENDING SECTIONS 10-2-50 AND 10-2-60 TO THE FRASER TOWN
CODE, ADDRESSING MONETARY LIMITS ON PROSECUTING THE CRIMES OF
THEFT AND DAMAGING PROPERTY IN THE FRASER/WINTER PARK COMBINED
MUNICIPAL COURT
WHEREAS, C.R.S. 18-4-401, subsection 8 (Theft) allows for municipalities to have
concurrent power to prohibit theft, by ordinance, where the value of the thing involved is less
than one thousand dollars; and
WHEREAS, C.R.S. 18-4-501 (Criminal Mischief) now establishes that aggregate
damage to the real and personal property of another of less than $1,000 is currently a
misdemeanor instead of a felony when the original ordinance was passed.
Chapter 10 Article 2 Sections 50 and 60 of the Code of the Town of Fraser, Colorado (herein
sometimes referred to as the "Municipal Code") is hereby amended as follows: [Note: additions
are shown in black bold underlined print; deletions are shown as stpikethFew@lk print:
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF
FRASER, COLORADO, AS FOLLOWS:
Sec. 10-2-50: Theft:
(a) It shall be unlawful to commit theft. A person commits theft when he knowingly obtains or
exercises control over anything of value of another without authorization or by threat or
deception; and
(b) Intends to deprive the other person permanently of the use or benefit of the thing of
value; or
(c) 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
(d) Uses, conceals or abandons the thing of value intending that such use, concealment or
abandonment will deprive the other person permanently of its use and benefits; or
(e) Demands any consideration to which he is not legally entitled as a condition of restoring
the thing of value to the other person; and
(f)Where the value of the thing involved is less than . one
thousand dollars ($1,000.00).
10-2-60: Damaging Property:
It shall be 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 thousand dollars ($1,000.00).
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.
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.
EFFECTIVE DATE. This Ordinance shall take effect thirty (30) days after passage, adoption
and publication thereof as provided by law.
PUBLICATION. This Ordinance shall be published by title only
READ, PASSED, ADOPTED AND ORDERED PUBLISHED BY THE BOARD OF TRUSTEES
AND SIGNED THIS 26th DAY of MARCH, 2014.
Votes in favor: BOARD OFT TEES OF THE
Votes opposed: TOWN OF F R, RA
Votes abstained:
BY: �
Peggy ayor
ATTEST:
( SEAL ) 1 0
XC"
Lu Berger, Town Cle
Published in the Middle Park Times on April 3, 2014.