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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.