HomeMy WebLinkAbout2014-03 Amending Section 6-3B-2 of TOV Code Regarding the Jurisdictional Limit of Larceny Offenses in the TownORDINANCE NO. 3
SERIES 2014
AN ORDINANCE AMENDING SECTION 6 -36 -2 OF THE VAIL TOWN
CODE REGARDING THE JURISDICTIONAL LIMIT OF LARCENY
OFFENSES IN THE TOWN
WHEREAS, the Town of Vail, in the County of Eagle and State of Colorado (the
"Town "), is a home rule municipal corporation duly organized and existing under the
laws of the State of Colorado and the Vail Town Charter;
WHEREAS, the members of the Town Council of the Town have been duly
elected and qualified;
WHEREAS, pursuant to its police powers and authority as a home rule
municipality to define the jurisdiction of its municipal court under Article XX, § 6(c) of the
Colorado Constitution, the Town may prosecute misdemeanors and petty offenses;
WHEREAS, traditionally, municipal authority for prosecution of theft crimes has
been concurrent with state prosecution of class 1 misdemeanors;
WHEREAS, the state recently changed the jurisdictional limit of theft crimes from
$1,000 to $2,000; and
WHEREAS, the Town Council desires to amend the Vail Town Code to raise the
jurisdictional limit in the definition of larceny from $1,000 to $2,000.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO, THAT:
Section 1. Section 6- 313-2.A of the Vail Town Code is hereby amended as
follows:
A. Definitions:
LARCENY: To take or exercise control over property of another
having a value of less than two thousand dollars eae- theusae4
dn"ars ($2,000.00 $1,000.00) without authorization or by threat or
deception; and
1. With the intention to deprive the owner permanently of the
use or benefit of such property; or
2. To knowingly use, conceal or abandon such property in a
manner so as to deprive the owner permanently of its use or
benefit; or
ORDINANCE NO. 3, SERIES OF 2014 1
3. To knowingly demand any consideration for which one is not
legally entitled as a condition of restoring such property to the
owner.
Section 2. If any part, section, subsection, sentence, clause or phrase of this
ordinance is for any reason held to be invalid, such decision shall not effect the validity
of the remaining portions of this ordinance; and the Council hereby declares it would
have passed this ordinance, and each part, section, subsection, sentence, clause or
phrase thereof, regardless of the fact that any one or more parts, sections, subsections,
sentences, clauses or phrases be declared invalid.
Section 3. The Council hereby finds, determines and declares that this
ordinance is necessary and proper for the health, safety and welfare of the Town and
the inhabitants thereof.
Section 4. The amendment of any provision of the Town Code as provided in
this ordinance shall not affect any right which has accrued, any duty imposed, any
violation that occurred prior to the effective date hereof, any prosecution commenced,
nor any other action or proceeding as commenced under or by virtue of the provision
amended. The amendment of any provision hereby shall not revive any provision or
any ordinance previously repealed or superseded unless expressly stated herein.
Section 5. All bylaws, orders, resolutions and ordinances, or parts thereof,
inconsistent herewith are repealed to the extent only of such inconsistency. This
repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or
part thereof, theretofore repealed.
INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED
PUBLISHED ONCE IN FULL ON FIRST READING this 7th day of January, 2014 and a
public hearing for second reading of this Ordinance set fo 21Stday of January, 2014,
in the Council Chambers of thgA4-tiMWicipal Building , QWado.
W /V
Andrew P. Daly, M r
ATTEST: :
:r-
mmy age , Acti To • ferk ,•'
0.
READ AND APPRO R ND READING ORDERED PUBLISHED
this 21St day of January, 2013.
ATTEST: or
Andrew P. Daly, y