Commerce City Municipal Code Chapter 12 Article III

Sec. 12-3003. – Tampering.

Sec. 12-3004. – Unauthorized utility connection.

Sec. 12-3005. – Theft.

Sec. 12-3006. – Concealment of goods.

Sec. 12-3007. – Theft by receiving.

Sec. 12-3008. – Price switching or altering.

Sec. 12-3009. – Theft of rental property.

Sec. 12-3010. – Theft of services or admission.

Sec. 12-3011. – Sale of tickets at a premium.



Sec. 12-3000. – Trespass.

(a) Definitions. As used in this section, the following words and phrases shall have the following meanings:

(1) Enter or remain unlawfully means to enter or remain when not licensed, invited or otherwise privileged to do so. A person who enters or remains in or upon public or private property which is at the time open to the public, does so with license and privilege, unless ordered not to enter or remain on the property by the owner of the property or some other authorized person. Provided, however, that a license or privilege to enter or remain upon property which is only partly open to the public is not a license or privilege to enter or remain in or upon that portion of the property which is not open to the public.

(2) Open to the public means property which by its physical nature, function, custom, usage, notice or lack thereof or other circumstances at the time would cause a reasonable person to believe no permission to enter or remain is required.

(b) General prohibition. No person shall unlawfully enter or remain in or upon any property, whether privately or publicly owned.

(c) Specifically enumerated trespass. Trespass includes, but is not limited to, the following acts, which are specifically recognized as trespass:

(1) Entering or remaining in or upon the property of another, including public property, or any portion of such property, without express authority, in violation of a notice lawfully posted or exhibited on the property;

(2) Entering or remaining in or upon the property of another, including public property, or any portion of such property, in violation of any notice, warning or protest given orally or in writing by the owner or any other authorized person; or

(3) Entering or remaining in or upon the property of another, including public property, or any portion of such property, to which access is commonly and customarily restricted and the person entering or remaining knows or should know that he or she was not licensed, invited or privileged to do so. By way of illustration and not limitation, the athletic playing field or race track located within any commercial sports stadium or other similar facility located in the city and the contiguous areas for which no seating is provided for members of the general public are examples of such customarily restricted areas.

Sec. 12-3001. – Littering.

(a) Prohibition. It shall be unlawful for any person to deposit, throw, or leave any litter on any public or private property or in any waters except:

(1) On property designated by law for the disposal of such material and the person is authorized to so use the property;

(2) In a receptacle or container designed and intended for the disposal of such material; or

(3) When the person is the owner or tenant in lawful possession of the property, or he has first obtained written consent of the owner or lawful tenant, or the act is done under the personal direction of the owner or tenant.

(b) Drivers presumed responsible. Whenever litter issues from any motor vehicle in violation of this section, the operator of said vehicle shall be presumed to have caused the litter to be so thrown, deposited, dropped or dumped.

Sec. 12-3002. – Damaging property.

It shall be unlawful for any person to knowingly or recklessly injure, destroy, or deface any property belonging, in whole or in part, to any other person, whether such property is public or private, real or personal, where the aggregate damage to the property is less than one thousand dollars ($1,000.00).

Sec. 12-3003. – Tampering.

It shall be unlawful for any person to tamper with the property of another with the intent to cause injury, inconvenience, or annoyance to that person or, where the property is owned by a utility or an entity providing health or safety protection, with the intent to interrupt or impair the service rendered by such utility or entity.

Sec. 12-3004. – Unauthorized utility connection.

It shall be unlawful for any person to make an unauthorized connection to or with the property of a utility.

Sec. 12-3005. – Theft.

It shall be unlawful for any person to knowingly obtain or exercise control over anything of another, with a value of less than one thousand dollars ($1,000.00), without authorization, or by threat or deception, when such person:

(1) Intends to deprive the other person permanently of the use or benefit of the thing of value;

(2) Knowingly uses, conceals or abandons the thing of value in such manner as to deprive the other person permanently of its use or benefit;

(3) Uses, conceals or abandons the thing of value intending that such use, concealment or abandonment will deprive the other person permanently of its use or benefit; or

(4) Demands any consideration to which he or she is not legally entitled as a condition of restoring the thing of value to the other person.

Sec. 12-3006. – Concealment of goods.

It shall be unlawful for any person to intentionally conceal unpurchased merchandise which is owned or held by and offered or displayed for sale by any store, whether the concealment be on his own person or otherwise and whether on or off the premises of such store.

Sec. 12-3007. – Theft by receiving.

It shall be unlawful for any person to receive, retain, loan money by pawn or pledge on, or dispose of anything having a value of less than one thousand dollars ($1,000.00), knowing or believing that the thing of value has been stolen and when he intends to deprive the lawful owner permanently of the use or benefit of the thing of value.

Sec. 12-3008. – Price switching or altering.

It shall be unlawful for any unauthorized person to intentionally alter, change, remove or switch the indicated price of any unpurchased merchandise with a value of less than one thousand dollars ($1,000.00) which is owned or held by and offered or displayed for sale by any store.

Sec. 12-3009. – Theft of rental property.

(a) Prohibited. It shall be unlawful for any person:

(1) To obtain the temporary use of rental property by means of threat or deception, or knowing that such use is without the consent of the owner or lawful custodian of the rental property; or

(2) Having lawfully obtained possession of rental property for temporary use, to knowingly fail to reveal the whereabouts of or to return the rental property to the owner thereof or a representative of the owner or to the person from whom the property was received within seventy-two (72) hours after the time at which the person agreed to return it.

(b) Rental property defined. Rental property means any personal property with a value of less than one thousand dollars ($1,000.00) which has been made available for use by persons other than the lawful owner by hire.

Sec. 12-3010. – Theft of services or admission.

(a) Prohibited. It shall be unlawful for any person to obtain services or gain admission to any event known by that person to be available only for compensation by deception, force, threat, or other means to avoid payment for the services or admission. It shall also be unlawful for any person, who, by virtue of employment or otherwise, has control over the provision of services or admission to an event, to knowingly grant admission to any person, including him or herself, who is not entitled to such admission or to knowingly divert services for the person’s own benefit or for the benefit of another not entitled to such services.

(b) Definitions. As used in this section, the following words and phrases shall have the following meanings:

(1) Services means the performance of any duties or work for another. The term includes, but is not limited to: public utility services; private or public transportation services; public or private hotel or lodging services; and public or private restaurant, food, or beverages services, including the cost of food or beverage.

(2) Event means any amusement, show, performance, or entertainment to which the general public may gain admission by the payment of a fee. The term includes, but is not limited to: athletic contests, concerts, movies, exhibits, and theatrical performances.

(c) Prima facie evidence. Proof that the services were, or admission was, obtained by false pretenses or that the person failed or neglected to pay for these things on demand is prima facie evidence of the fraudulent intent required under subsection (a) of this section.

(d) Exception. Police officers and other duly authorized first responders, actively engaged in the performance of their duties, may enter events without the payment of the admission fee.

Sec. 12-3011. – Sale of tickets at a premium.

It shall be unlawful for any person in the city to sell, or offer to sell, any ticket of admission to any athletic event, concert, public entertainment, show, theater or similar attraction at a price greater than that charged originally by the management for such ticket.



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