TC Ord. No. 2007-04 Amending Title 9 of the Muni Code of the TOA relating to criminal injury to propertyTOWN OF AVON, COLORADO
ORDINANCE NO. 07- 04
SERIES OF 2007
AN ORDINANCE AMENDING TITLE 9 OF THE
MUNICIPAL CODE OF THE TOWN OF AVON RELATING
TO CRIMINAL INJURY TO PROPERTY
BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
AVON,COLORADO:
Section 1. Amendments. Chapter 9.20, Title 9 of the Municipal Code of the Town of Avon
is amended as follows:
"9.20.010 Criminal injury to property.
It is unlawful for any person to knowingly or recklessly injure, deface, mutilate, remove,
pull down, break or in any way interfere with, molest, desecrate or destroy any trees or real or
personal property belonging to or under control of the Town or any person, including property
owned by the person jointly with another person or property owned by the person in which
another person has a possessory or proprietary interest, within the limits of the Town.."
Section 2.. Penalties. It is unlawful for any person to violate any of the provisions of this
Ordinance. Every person convicted of a violation of any of the provisions of this Ordinance
shall be punished by a fine not exceeding one thousand dollars or by imprisonment not
exceeding one year or by both such fine and imprisonment.
INTRODUCF,D, APPROVED, PASSED ON FIRST READING AND ORDERED
POSTED the 99-r---day of -a?E---l , 2007 and a puj~lij hearing on this ordinance shall be
h Id at the regular meeting of the Town Council on the day of , 2007, at
--'20 P.M. in the Council Chambers, Avon ipal Building, 0 Benchmark Road,
Avon, Colorado.
ATTEST:
Mayor
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INTRODUCED, FINALLY APPROVED, PASSED ON SECOND
READING AND ORDERED POSTED the ~ day of , 2005.
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APPROVED AS TO FORM:
ToAttorney
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Mayor
Memo
To:
Honorable Mayor and Town Council
Thru:
Larry Brooks, Town Manager
From:
Brian Kozak, Chief of Police
Date:
March 13, 2007
Re:
Ordinance Amendment 07-04
Summary: This memo is a request to update the Town of Avon Criminal Injury to Property
statute. I am recommending that the culpable mental state be updated to read.knowingly or
recklessly and remove the mental state of intentionally.
Background: The Avon Police Department recently investigated a case in which an
intoxicated male slapped a light fixture in the Avon Center: The light swung against the wall
and broke. We were unable to charge the subject with a crime since we could not
substantiate that he intentionally broke the light. Changing the culpable mental state to
recklessly would allow someone who damaged an item as a result of a reckless action to be
held accountable for that action.
Discussion:
The current Town of Avon criminal injury to property statute (9.20.010) reads:
It is unlawful for any person intentionally to injure, deface, mutilate, remove, pull down,
break or in any way interfere with, molest, desecrate or destroy any trees or real or personal
property belonging to or under control of the Town or any person within the limits of the
Town.
According to Colorado Revised Statutes intentionally means: A person acts "intentionally"
or"with intent" when his conscious objective is to cause the specific result.
With the current culpable mental state in the statute it makes it difficult to charge the
offender in municipal court. The Avon Police Department is filing charges through Eagle
County Courts instead of keeping the issues in Avon municipal court.
The Criminal Mischief statute (18A-501) in the Colorado Revised Statue reads:
(1) Any person who knowingly damages the real or personal property of one or more
other persons, including property owned by the person jointly with another person or
property owned by the person in which another person has a possessory or proprietary
interest, in the course of a single criminal episode commits a class 3 misdemeanor
where the aggregate damage to the real or personal property is less than one hundred
dollars. Where the aggregate damage to the real or personal property is one hundred
dollars or more but less than five hundred dollars, such person commits a class 2
misdemeanor. Where the aggregate damage to the real or personal property is five
hundred dollars or more but less than fifteen thousand dollars, such person commits a
class 4 felony. Where the aggregate damage to the real or personal property is fifteen
thousand dollars or more, such person commits a class 3 felony.
According to Colorado Revised Statutes knowingly means: A person acts "knowingly" or
"willfully" when he is aware that his conduct is of such nature or that such circumstance
exists. A person acts "knowingly" or "willfully", with respect to a result of his conduct, when
he is aware that his conduct is practically certain to cause the result.
I would also recommend that the criminal culpability of recklessly be added to the municipal
statue.
According to Colorado Revised Statutes recklessly means: A person acts "recklessly" when
he consciously disregards a substantial and unjustifiable risk that a result will occur or that a
circumstance exists.
Recommendation: I recommend for the new statute to read the following so the Avon
Police Department can file cases regarding damaging property in the Town of Avon in the
Avon Municipal Court. The new statue would read:
It is unlawful for any person to knowingly or recklessly injure, deface, mutilate, remove, pull
down, break or in any way interfere with, molest, desecrate or destroy any trees or real or
personal property belonging to or under control of the Town or any person, including
Property owned by the person jointly with another person or property owned by the person
in which another person has a possessory or proprietary interest, within the limits of the
Town.
Alternatives: No action would allow suspects who recklessly damage property of another
to not be held accountable for their actions.
Proposed Motion: "I move to approved Ordinance No 07-04"
Town Manager Comments:
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