CHAPTER 10.24.- OFFENSES AGAINST PROPERTY

10.24.010. Defacing property.

10.24.020. Littering.

10.24.060. Vandalism.

10.24.080. Theft.

10.24.090. Theft of rental property.

10.24.095. Tampering with a utility.

10.24.100. Trespass.

10.24.110. After-hours entry or presence in municipal facilities and grounds.

 

10.24.010. Defacing property.

Any person who recklessly defaces or causes or aids in the defacing of any public or private property without the consent of the owner of such property commits defacing property.

(Code 1993, § 10.24.010; Ord. No. O-92-51, § 1)

State law reference— Criminal mischief, C.R.S. § 18-4-501.

10.24.020. Littering.

A. It is unlawful recklessly to deposit, throw or leave any litter on any public or private property or in any waters.

B. It is an affirmative defense that:

1. The defendant deposited, threw or left the litter on property designated by law for the disposal of such material and had authority from the proper public authority to so use the property; or

2. The defendant owned or lawfully possessed the property, or first obtained consent or acted under the personal direction of the owner or other person lawfully possessing the property.

(Code 1993, § 10.24.020; Ord. No. O-92-51, § 1; Ord. No. O-94-61, § 9; Ord. No. O-95-102, § 2)

State law reference— Similar provisions, C.R.S. § 18-4-511.

10.24.060. Vandalism.

A. It is unlawful to knowingly damage the real or personal property of another.

B. It is an affirmative defense that the owner or person having supervision and possession of the property consents to the damage.

C.  This section shall apply only to such damage where the aggregate damage to real or personal property is less than $1,000.00.

(Code 1993, § 10.24.060; Ord. No. O-92-51, § 1; Ord. No. O-98-54, § 1; Ord. No. O-2009-38, § 1, 7-14-2009)

State law reference— Similar provisions, C.R.S. § 18-4-501.

10.24.080. Theft.

A. It is unlawful to knowingly obtain or exercise control over any thing or things of value of another, worth less than $1,000.00, without authorization or by threat or deception, and:

1. With the intent to deprive the other person permanently of the use or benefit of the thing of value; or

2. Knowingly use, conceal or abandon the thing of value so as to deprive the other person permanently of its use or benefit; or

3. Use, conceal or abandon the thing of value intending that such use, concealment or abandonment will deprive the other person permanently of its use and benefit; or

4. Demand any consideration to which one is not legally entitled as a condition of restoring the thing of value to the other person.

B. As used in this section, a thing of value is that of “another” if anyone other than the defendant has a possessory or proprietary interest therein.

C. If any person willfully conceals unpurchased goods, wares or merchandise owned and held by and offered or displayed for sale by any store or other mercantile establishment, whether the concealment is on his or her own person or otherwise and whether on or off the premises of the store or mercantile establishment, such concealment is prima facie evidence that the person intended to commit the crime of theft.

D. Except as provided in section 1.12.020, the court shall punish every person violating this section or section 10.24.090, if the value of the property involved is less than $100.00 by a fine not exceeding $500.00 or by imprisonment not exceeding 90 days, or both such fine and imprisonment. If the value of the property involved is $100.00 or more, the maximum fine and imprisonment are $999.00 and 180 days respectively, and the fine shall be at least $100.00.

E. This section shall not apply to theft from the person of another.

(Code 1993, § 10.24.020; Ord. No. O-92-51, § 1; Ord. No. O-94-61, § 9; Ord. No. O-98-54, § 2; Ord. No. O-2009-38, § 2, 7-14-2009)

State law reference— Similar provisions, C.R.S. § 18-4-401(8).

10.24.090. Theft of rental property.

A. It is unlawful to knowingly:

1. Obtain the temporary use of rental property by means of threat or deception without the consent of the owner; or

2. Having lawfully obtained the temporary use of rental property, fail to reveal the location of or return the property to the owner or the owner’s representative or the person from whom he or she received it within 72 hours after the time the rental agreement required the rental property’s return.

B.  For purposes of this section, “rental property” means the personal property of another available only for hire having a value of less than $1,000.00.

(Code 1993, § 10.24.090; Ord. No. O-92-51, § 1; Ord. No. O-98-54, § 3; Ord. No. O-2009-38, § 3, 7-14-2009)

State law reference— Similar provisions, C.R.S. § 18-4-402.

10.24.095. Tampering with a utility.

A. It is unlawful for any person to connect any pipe, tube, stopcock, wire, cord, socket, motor, or other instrument or contrivance with any main, service pipe, or other medium conducting or supplying water or electricity to any building without the knowledge and consent of the city utility.

B. It is unlawful for any person in any manner to alter, obstruct, or interfere with the action of any meter provided for measuring or registering the quantity of water or electricity passing through said meter without the knowledge and consent of the city utility.

C.  Nothing in this section shall be construed to apply to any home owner residing in the home, or licensed electrical or plumbing contractor, while performing connection, disconnection, maintenance and repairs in accordance with applicable ordinances.

(Code 1993, § 10.24.095; Ord. No. O-2005-61, § 6)

State law reference— Similar provisions, C.R.S. § 18-4-506.5.

10.24.100. Trespass.

A. It is unlawful to knowingly:

1. Enter or remain upon or refuse to leave any private property of another, posted with signs visible to ordinarily observant persons entering upon the property or posted at reasonable intervals along the property boundary, prohibiting trespassing; or

2. Enter or remain upon or refuse to leave any private property of another when the owner or person responsible for the care of the property has given oral or written notice that such entry or continued presence is prohibited; or

3. Enter or remain at or refuse to leave any private property when, immediately before the entry, remaining or refusal to leave, a police officer or firefighter acting in the course of his or her employment has given a lawful order that such entry or continued presence is prohibited; or

4. Enter or remain upon or refuse to leave or disperse from any public place after being lawfully ordered to disperse, leave or not enter by any police officer or firefighter; or

5. Enter or remain upon or refuse to leave property used for education by any parochial school, private school or public school district, after a principal, teacher, staff member or person authorized to maintain and supervise the property has told the defendant to leave or not enter; or

6. Enter or remain in or upon premises which are enclosed in a manner designed to exclude intruders or are fenced; or

7. Without being licensed, invited by a person with authority, or otherwise privileged, enter or remain in or upon premises of another.

B. It shall be an affirmative defense to charges under subsections A.1 through A.6 of this section that the defendant is licensed, invited by a person with authority, or otherwise privileged to so enter, remain or refuse to leave.

C. As used in this section, “private property” means and includes private property where the public is a business invitee. A person who enters or remains in or at premises which are open to the public does so with license until such license is withdrawn. A license to enter or remain in a building which is only partly open to the public is not a license to enter or remain in that part of the building which is not open to the public.

D. A police officer or firefighter gives a lawful order when, in the course of duty, he or she is called upon to make and does make a good faith judgment, based on all circumstances known to him or her that he or she should give the order.

(Code 1993, § 10.24.100; Ord. No. O-92-51, § 1)

State law reference— Trespass, C.R.S. § 18-4-202 et seq.

10.24.110. After-hours entry or presence in municipal facilities and grounds.

It is unlawful to knowingly enter, remain or be on grounds used for or connected with a municipally owned or operated public facility at any time, without permission from the city manager or authorized agent, except when the facility is open to the public.

(Code 1993, § 10.24.110; Ord. No. O-92-51, § 1)