Chapter 9.20
OFFENSES AGAINST PROPERTY
Sections:
9.20.020 Theft—Value less than five hundred dollars.
9.20.030 Theft of rental property.
9.20.080 Defacing and destroying surveying monuments.
9.20.090 Defacing public or private property.
9.20.100 Desecration of objects of veneration.
9.20.110 Defacing posted notice.
9.20.120 Criminal use of a noxious substance.
9.20.130 Unlawfully using slugs.
9.20.140 Obstructing or diverting water flow—Liability.
9.20.150 Camping on public and private property.
9.20.010 Shoplifting.
A. Any person who wilfully and unlawfully takes possession of any goods, wares or merchandise owned or held by and offered or displayed for sale by any store or other mercantile establishment, or who shall wilfully alter, remove or switch the indicated price of any unpurchased goods, wares or merchandise owned or held by and offered or displayed for sale by any store or other mercantile establishment, where the purchase price of such goods, wares or merchandise is under the value of five hundred dollars ($500.00), with the intention to unlawfully convert such goods, wares or merchandise to his own use, without paying the established purchase price therefor, shall be guilty of the crime of shoplifting.
B. If any person wilfully conceals unpurchased goods, wares, or merchandise owned or held by and offered or displayed for sale by any store or other mercantile establishment, where the price of such goods, wares or merchandise is under the value of five hundred dollars ($500.00), whether such concealment be on his person or otherwise, and whether on or off the premises of the store or mercantile establishment, such concealment shall constitute prima facie evidence that such person intended to convert same to his own use without paying the purchase price therefor within the meaning of subsection A of this section.
C. If any person commits the offense of shoplifting, as defined in subsection A of this section, or if any person shall wilfully conceal upon his person or otherwise any unpurchased goods, wares or merchandise held or owned by any store or mercantile establishment, the merchant or any employee thereof or any peace or police officer, acting in good faith and upon probable cause based upon reasonable grounds therefor, may question such person in a reasonable manner for the purpose of ascertaining whether or not such person is guilty of shoplifting as defined in subsection A of this section. Such questioning of a person by a merchant, merchant’s employee or peace or police officer shall not render such merchant, merchant’s employee or peace or police officer civilly liable for slander, false arrest, false imprisonment, malicious prosecution or unlawful detention.
D. Upon conviction of the crime of shoplifting, as defined in subsection A of this section, there shall be imposed a penalty as specified in Section 1.16.010. (Ord. 1997-10 § 1: Ord. 1992-5 § 1; prior code § 10-26)
9.20.020 Theft—Value less than five hundred dollars.
A. The purpose of this section is to prohibit a person from committing the theft within the city of anything of another having a value of less than five hundred dollars ($500.00), when such thing of value is not covered by the shoplifting ordinances of the city and to provide a penalty upon conviction of such offense.
B. A person commits theft when he knowingly obtains or exercises control over anything of value of another having a value of less than five hundred dollars ($500.00) without authorization or by threat or deception, and:
1. Intends to deprive the other person permanently of the use or benefit of the thing of value; or
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; or
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 and benefit; or
4. Demands any consideration to which he is not legally entitled as a condition of restoring the thing of value to the other person.
C. This section specifically does not apply to the theft of anything of value which is covered by the shoplifting ordinances of the city.
D. The test of value is the reasonable market value of the stolen article at the time of the commission of the alleged offense.
E. Upon conviction of the crime of theft as defined in subsection B of this section, there shall be imposed a penalty as specified in Section 1.16.010. (Ord. 1997-10 § 2; Ord. 1992-6 § 1; prior code § 10-29)
9.20.030 Theft of rental property.
A. A person commits theft of rental property if he:
1. Obtains the temporary use of personal property of another which is available only for hire, having a value of less than four hundred dollars ($400.00), by means of threat or deception, or knowing that such use is without the consent of the person providing the personal property; or
2. Having lawfully obtained possession for temporary use of the personal property of another which is available only for hire, having a value of less than four hundred dollars ($400.00), knowingly fails to reveal the whereabouts of or to return the property to the owner thereof or his representative or to the person from whom he has received it within seventy-two (72) hours after the time at which he agreed to return it.
B. Violation of the provisions of this section shall be punished as provided in Section 1.16.010 of this code. (Ord. 1995-17 § 9; Ord. 1992-7 § 1; prior code § 10-29.1)
9.20.040 Fraud by check.
A. Definitions. As used in this section, unless the context otherwise requires:
“Check” means a written, unconditional order to pay a certain sum in money, drawn on a bank, payable on demand, and signed by the drawer; “check,” for the purposes of this section only, also includes a negotiable order of withdrawal and a share draft.
“Drawee” means the bank upon which a check is drawn or a bank, savings and loan association, industrial bank or credit union on which a negotiable order of withdrawal or a share draft is drawn.
“Drawer” means a person, either real or fictitious, whose name appears on a check as the primary obligor, whether the actual signature is that of himself or of a person authorized to draw the check on himself.
“Insufficient funds” means a drawer has insufficient funds with the drawee to pay a check, when the drawer has no checking account, negotiable order of withdrawal account, or share draft account with the drawee or has funds in such an account with the drawee in an amount less than the amount of the check plus the amount of all other checks outstanding at the time of issuance; and a check dishonored for “no account” shall also be deemed to be dishonored for “insufficient funds.”
“Issue.” A person issues a check when he makes, draws, delivers or passes it or causes it to be made, drawn, delivered or passed.
“Negotiable order of withdrawal and share draft” means negotiable or transferable instruments drawn on a negotiable order of withdrawal account or a share draft account, as the case may be, for the purpose of making payments to third persons or otherwise.
“Negotiable order of withdrawal account” means an account in a bank, savings and loan association or industrial bank, and “share draft account” means an account in a credit union on which payment of interest or dividends may be made on a deposit with respect to which the bank, savings and loan association, or industrial bank or the credit union, as the case may be, may require the depositor to give notice when an intended withdrawal is made, even though in practice such notice is not required and the depositor is allowed to make withdrawal by negotiable order of withdrawal or share draft.
B. Prohibition. It is unlawful to commit fraud by check. Any person knowing he has insufficient funds with the drawee, who, with intent to defraud, issues a check in an amount less than four hundred dollars ($400.00) for the payment of services, wages, salaries, commissions, labor, rent, money merchandise, property or other thing of value commits fraud by check. Any person who opens a checking account, negotiable order of withdrawal account or share draft account using false identification or an assumed name for the purpose of issuing fraudulent checks commits a violation of this subsection.
C. Nonliability. A bank shall not be civilly or criminally liable for releasing information relating to the issuer’s account to a sheriff, deputy sheriff, undersheriff, police officer, district or city attorney, assistant district or city attorney, deputy district or city attorney, or authorized investigator for a district or city attorney investigating or prosecuting a charge under this section.
D. Violation of the provisions of this section shall be punished as provided in Section 1.16.010 of this code. (Ord. 1995-17 § 10; Ord. 1992-8 § 1; prior code § 10-31)
9.20.050 Criminal mischief.
It is unlawful for any person to knowingly damage the real or personal property of one or more other persons in the course of a single criminal episode. For the purposes of this section, the aggregate damage to the real or personal property shall be less than four hundred dollars ($400.00).
(Ord. 1992-9 § 1: Ord. 1991-9 § 1: prior code § 10-85)
9.20.060 Criminal trespass.
It is unlawful for any person to commit the offense of criminal trespass, as provided in this section. For purposes of this section a person commits the crime of criminal trespass, if he unlawfully enters or remains in or upon premises whether enclosed in a manner designed to exclude intruders, or fenced or not, or unlawfully enters or remains in any motor vehicle without consent of the vehicle owner. (Prior code § 10-86)
9.20.070 Criminal tampering.
It is unlawful for any person to commit the offense of criminal tampering as provided in this section. For purposes of this section, a person commits the crime of criminal tampering if, with intent to cause interruption or impairment of a service rendered to the public by a utility or by an institution providing health or safety protection, he tampers with property of such utility or institution. In addition, a person commits the crime of criminal tampering if he tampers with property of another with intent to cause injury, inconvenience, or annoyance to that person or to another, or if he makes unauthorized connections with property of a utility. (Prior code § 10-87)
9.20.080 Defacing and destroying surveying monuments.
A. It is unlawful to deface or destroy any land surveying marker or monument. The markers or monuments so protected include, but are not limited to, section-corner and quarter-corner monuments; range points; range boxes; property-corner markers and all corner markers relating to the General Land Office surveys and townships, ranges, sections and the aliquot parts of sections; and permanent reference monuments for any of the aforementioned markers or monuments.
B. It is also unlawful to deface or destroy geodetic control survey markers, which include, but are not limited to: benchmarks, GPS station points, USGS and USC and GC control markers and/or reference markers.
C. Anyone convicted of defacing or destroying a surveying monument in accordance with this section shall be financially responsible for the damages incurred due to such actions, which, as a minimum, will include the cost of replacement of the particular surveying monument or monuments damaged. (Ord. 1991-30 § l: prior code § 10-89)
9.20.090 Defacing public or private property.
It shall be unlawful for any person to possess any paint, marking pen, materials, instrument or other article adapted, designed or commonly used for committing or facilitating the commission of an offense involving damaging, defacing, or destroying, or to deface or cause, aid in or permit the defacing of any public or private property without the consent of the owner of such property. For the purposes of this section only, defacing shall include, but is not limited to, the writing, painting, inscribing, drawing, scratching or scribbling upon any wall or surface owned, operated or maintained by any person or the city unless the city or the property owner grants written permission for the same. (Ord. 1998-3 § 1: prior code § 10-91)
9.20.100 Desecration of objects of veneration.
A. It is unlawful for any person to intentionally desecrate any public monument, structure or place of worship or burial or desecrate in a public place any other object of veneration by the public or substantial segment thereof.
B. The term “desecrate” means defacing, damaging, polluting or otherwise physically mistreating in a way that the defendant knows will outrage the sensibilities of persons likely to observe or discover his action or its result. (Prior code § 10-95)
9.20.110 Defacing posted notice.
Any person who intentionally mars, destroys or removes any posted notice authorized by law shall be deemed guilty of an offense. (Prior code § 10-92)
9.20.120 Criminal use of a noxious substance.
Any person who deposits on the land or in the building or vehicle of another, without his consent, any stink bomb or device, irritant or offensive smelling substance, with the intent to interfere with another’s use or enjoyment of the land, building or vehicle shall be deemed guilty of an offense. This section shall not apply to the reasonable use of noxious substances by a peace officer in the performance of his duties. (Prior code § 10-93)
9.20.130 Unlawfully using slugs.
A. It is unlawful for any person to use slugs in an improper manner. For purposes of this section, a person commits unlawfully using slugs if:
1. With intent to defraud the vendor of property or a service sold by means of a coin machine, he knowingly inserts, deposits or uses a slug in such machine or causes such machine to be operated by any other unauthorized means; or
2. He makes, possesses or disposes of a slug with intent to enable a person to use it or them fraudulently in a coin machine.
B. For purposes of this section, “coin machine” means a coin box, turnstile, vending machine or other mechanical or electronic device or receptacle designed to receive a coin or bill of a certain denomination or token made for the purpose, and in return for the insertion or deposit thereof, to offer, to provide, to assist in providing or to permit the acquisition of some property or some public or private service.
C. For purposes of this section, “slug” means any object or article which, by virtue of its size, shape or any other quality, is capable of being inserted, deposited or otherwise used in a coin machine as an improper but effective substitute for a genuine coin, bill or token, and of thereby enabling a person to obtain without valid consideration the property or service sold through the machine. (Prior code § 1094)
9.20.140 Obstructing or diverting water flow—Liability.
A. It is unlawful for any person to obstruct or divert from its natural course any flow of water from a drain or natural watercourse which will cause such water to flow across any public property or across the private property of another.
B. Any person so obstructing or diverting the flow of water shall be subject to liability for any and all damage caused by such obstruction and diversions. (Prior code § 10.96)
9.20.150 Camping on public and private property.
A. Unauthorized Camping on Public or Private Property Prohibited.
1. It shall be unlawful for any person to camp upon any private property without the express written consent of the property owner or the owner’s agent, and only in such locations where camping may be conducted in accordance with any other applicable city law.
2. It shall be unlawful for any person to camp upon any public property except in any location where camping has been expressly allowed by the officer or agency having the control, management and supervision of the public property in question.
B. Definitions.
1. “Camp” means to reside or dwell temporarily in a place, with shelter, and conduct activities of daily living such as eating, sleeping or the storage of personal possessions in such place. The term “shelter” includes, without limitation, any tent, tarpaulin, lean-to, sleeping bag, bedroll, blankets, or any form of cover or protection from the elements other than clothing.
2. “Public property” means, by way of illustration, any street, alley, sidewalk, pedestrian or transit mall, bike path, greenway, or any other structure or area encompassed within the public right-of-way; any park, parkway, or other recreation facility, including, but not limited to, Infinity Park and all of its parts; or any other grounds, buildings, or other facilities owned or leased by the city of Glendale, Colorado, or by any other public owner, regardless of whether such property is vacant or occupied and actively used for any public purpose. (Ord. 2012-1 § 1)