TC Ord. No. 2007-14 Repealing and reference section 9.08.030 of hte Avon Muni code realting to the definitions of larcenyTOWN OF AVON, COLORADO
ORDINANCE NO. 07-14
SERIES OF 2007
AN ORDINANCE REPEALING AND REENACTING SECTION 9.08.030 OF
THE AVON MUNICIPAL CODE RELATING TO THE DEFINITION OF
LARCENY
WHEREAS, The Colorado Revised Statutes have been amended to create new
thresholds for value based crimes; and
WHEREAS, the Town of Avon wishes to have the Avon Municipal Code reflect the
changes. made to the Colorado Revised Statutes, allowing value based crimes of under
$1,000 to be heard by the Avon Municipal Court.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF AVON, COUNTY OF EAGLE, STATE OF COLORADO, THAT:
Section 9.08.030, Chapter 9.08 of the Avon Municipal Code is hereby repealed and
reenacted to read as follows:
9.08.030 Definitions.
For the purposes of this Chapter, the following definitions shall have the meanings indicated:
Larceny means to take or exercise control over property of another having a value of less than
one thousand dollars ($1000.00), without authorization or by threat or deception, and:
a. With the intention to deprive the owner permanently of the use or benefit of such
property; or
b. To knowingly use, conceal or abandon such property in a manner so as to deprive the
owner permanently of its use or benefit; or
c. To use, conceal or abandon such property intending that such use, concealment or
abandonment will deprive the owner permanently of its use and benefit; or
d. To demand any consideration for which one is not legally entitled as a condition of
restoring such property to the owner.
Recreational facility means any golf course, tennis court, bowling alley or any recreational
property or any related property, facility or thing whatsoever.
INTRODUCED, PASSED ON FIRST READING AND ORDERED POSTED this 1.lt
day of November, 2007, and a public hearing shall be held on this Ordinance on the
'Cll
1\ day o ¢.t it 2007 at 5:30 p.m. in the Council Chambers of the Avon
Municipal Building, Avon, Colorado.
O F A AVpN C~ '
Ronald C. Wolfe, Mayor
SEAL:
ATTEST:
a"k 3 c
a y M Kenny, Clerk
READ AND APPROVED ON SECO
the 1` day of 290'
~o N OF AVp~
ATTEST:
t C
Pattyy,Mc Cenny, Tow rl
APPROVED AS TO FORM:
ING AND ORDERED POSTED
C' ;
Ronald C. Wolfe, Mayor
--L ~
J hn W. Dunn, Town Attorney
To: Honorable Mayor and Town Council
Thru: Larry Brooks, Town Manager
From: Brian Kozak, Chief of Police, by Officer S. Hodges
Die Nov 8, 2007
Re: Amendment to Municipal Code, Definition of Larceny, 9.08.030
Introduction:
The types of crimes that can be heard in the Avon Municipal Court are regulated by the
Colorado Revised Statutes.
Background:
The Colorado Legislature amended the Colorado Revised Statutes (C.R.S.) in regard to
value based crimes, theft is an example of a value based crime.
Prior to July 7, 2007 the C.R.S. limited municipal courts to hearing theft crimes with values of
less than $400.
The C.R.S., in section 18-4-401 (8), now allows municipalities to enact ordinances regarding
theft when the values involved are less than $1,000.
Discussion:
By.changing the definition of larceny in the Avon Municipal Code sec. 9.08.030, crimes with
values of less than $1,000 can be heard in the Avon Municipal Court. As it stands now The
Avon Municipal Court is limited by the Avon Municipal Code to hearing crimes involving a
value of $300 or less. Crimes involving greater values must be heard in Eagle County Court.
Recommendation:
Staff recommends adoption of the ordinance as written.
Recommended Motion:
I move to adopt Ordinance 07-14, an ordinance repealing and reenacting section 9.08.030
of the Avon Municipal Code, as written.
Town Manager Comment .
Attachments:
Exhibit A: Proposed ordinance 07-1.4 regarding the change to Avon Municipal Code section
9.08.030.
TOWN OF AVON, COLORADO
ORDINANCE NO. 07-14
SERIES OF 2007
AN ORDINANCE REPEALING AND REENACTING SECTION 9.08.030 OF
THE AVON MUNICIPAL CODE RELATING TO THE DEFINITION OF
LARCENY
WHEREAS, The Colorado Revised Statutes have been amended to create new
thresholds for value based crimes; and
WHEREAS, the Town of Avon wishes to have the Avon Municipal Code reflect the
changes made to the Colorado Revised Statutes, allowing value based crimes of under
$1,000 to be heard by the Avon Municipal Court.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF AVON, COUNTY OF EAGLE, STATE OF COLORADO, THAT:
Section 9.08.030, Chapter 9.08 of the Avon Municipal Code is hereby repealed and
reenacted to read as follows:
9.08.030 Definitions.
For the purposes of this Chapter, the following definitions shall have the meanings indicated:
Larceny means to take or exercise control over property of another having a value of less than
one thousand dollars ($1000.00), without authorization or by threat or deception, and:
a. With the intention to deprive the owner permanently of the use or benefit of such
property; or
b. To knowingly use, conceal or abandon such property in a manner so as to deprive the
owner permanently of its use or benefit; or
c. To use, conceal or abandon such property intending that such use, concealment or
abandonment will deprive the owner permanently of its use and benefit; or
d. To demand any consideration for which one is not legally entitled as a condition of
restoring such property to the owner.
Recreational facility means any golf course, tennis court, bowling alley or any recreational
property or any related property, facility or thing whatsoever.