Chapter X, Section VI - Offenses Against Property
Sec. 10-6-1 Theft; value less than three hundred dollars
Sec. 10-6-2 Obtaining control over any stolen items; conviction authorized when
Sec. 10-6-3 Concealment of unpurchased goods
Sec. 10-6-4 Criminal mischief; damages to property less than one hundred dollars
Sec. 10-6-5 Criminal trespass
Sec. 10-6-6 Criminal use of stink bombs and other noxious substances
Sec. 10-6-7 Posting notices without consent
Sec. 10-6-8 Defacing property
Sec. 10-6-9 Defacing posted notices
Sec. 10-6-10 Injuring ditches, gutters or culverts
Sec. 10-6-11 Injuring or trespassing on gardens, crops or lawns
Sec. 10-6-12 Throwing missiles; at or upon public or private property
Sec. 10-6-13 Throwing missiles at certain vehicles
Sec. 10-6-14 Excavations and obstructions prohibited where; penalty
Sec. 10-6-15 Littering
Sec. 10-6-16 Throwing sharp objects in public streets
Sec. 10-6-17 Abandoning of motor vehicles
Sec. 10-6-18 Abandoning iceboxes and other items with compartments
Sec. 10-6-19 Fraud by check
Sec. 10-6-20 Door-to-door sales solicitation
Sec. 10-6-1. Theft; value less than three hundred dollars.
A person commits theft when he or she knowingly obtains or exercises control over anything of value of another without authorization or by threat or deception, or knowing such thing of value to have been stolen, and the value of the thing involved is less than three hundred dollars ($300.00), and the 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 and 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. (Ord. 380 1984; Ord. 510 §1, 2003)
Sec. 10-6-2. Obtaining control over any stolen items; conviction authorized when.
Every person who obtains control over any stolen thing of value, knowing the thing of value to have been stolen by another, may be tried, convicted and punished, whether or not the principal is charged, tried or convicted. (Ord. 380 1984)
Sec. 10-6-3. Concealment of unpurchased goods.
If any person willfully conceals unpurchased goods, wares or merchandise owned or held by and offered or displayed for sale by any store or other mercantile establishment, whether the concealment be on his or her own person or otherwise, and whether on or off the premises of such store or mercantile establishment, such concealment constitutes prima facie evidence that the person intended to commit the crime of theft. (Ord. 380 1984)
Sec. 10-6-4. Criminal mischief; damages to property less than one hundred dollars.
Any person who intentionally damages the real or personal property of one (1) or more other persons, where the aggregate damage to the real or personal property is less than one hundred dollars ($100.00), commits the crime of criminal mischief. (Ord. 380 1984)
Sec. 10-6-5. Criminal trespass.
A person commits the crime of second-degree criminal trespass if he or she unlawfully enters or remains in or upon premises which are enclosed in a manner designed to exclude intruders, or which are fenced. (Ord. 380 1984)
Sec. 10-6-6. Criminal use of stink bombs and other noxious substances.
(a) Any person who deposits on the land or in the building or vehicle of another, without his or her consent, any stink bomb or device, irritant or offensive-smelling substance, with the intent to interfere with another's use of enjoyment of the land, building or vehicle, commits the offense of criminal use of a noxious substance.
(b) It shall be an affirmative defense that a police officer, in the performance of his or her duties, reasonably used a noxious substance. (Ord. 380 1984)
Sec. 10-6-7. Posting notices without consent.
Any person who places a posted notice or advertisement upon any public or private property without the consent of the owner of such property commits the violation of posting notice without consent. (Ord. 380 1984)
Sec. 10-6-8. Defacing property.
(a) Any person who defaces or causes, aids in or permits the defacing of public or private property without the consent of the owner by any method of defacement, including but not limited to painting, drawing, writing or otherwise marring the surface of the property by use of paint, spray paint, ink or any other substance or object, commits a violation of this Section. Any person convicted of defacing property pursuant to this Section shall be ordered by the Court to personally make repairs to any property damaged, or properties similarly damaged, if possible. This requirement shall be in addition to any other penalties as provided under Section I of Chapter 1 of this Code. In addition, upon each conviction for defacing property pursuant to this Section, or adjudication as a juvenile delinquent for an act that would constitute defacing property pursuant to this Section if committed by an adult, any person under the age of twenty-one (21) shall be subject to the sanctions of Section 42-2-125, C.R.S., including mandatory revocation of driver's license or permit.
(b) Where such graffiti appears, the administrative authority shall transmit by certified mail and first class mail, postage prepaid, or hand-deliver to the owner and occupant or other person in charge of the property on which such graffiti appeared or post in a conspicuous place on the premises, a notice advising such owner to remove such graffiti within ten (10) days of the date of such notice.
(c) If such owner or occupant fails to remove such graffiti within the ten-day requirement, the administrative authority may direct such removal by an employee of the Town or subcontract to have such work completed, and charge the costs thereof to such owner of the property.
(d) Upon completion of the removal of any graffiti at the direction of the administrative authority, any costs incurred by the Town shall be paid by the property owner within thirty (30) days after mailing of an invoice showing cost of graffiti removal, by the Town Clerk to the owner of such property by certified mail and first class mail, postage prepaid. However, the property owner shall have the right to appeal the assessment of costs to him or her for removal of the graffiti by filing a written notice of appeal with the Town Clerk within thirty (30) days of the notice. The Town Board shall then hold a hearing within thirty (30) days of filing the notice of appeal, and may waive the cost assessment based on circumstances of hardship.
(e) If such owner, occupant or agent in charge fails to pay the cost assessment within thirty (30) days of mailing at the conclusion of the appeal process, the Town may initiate civil proceedings to secure and collect a court judgment for the amount of the cost assessment. (Ord. 380 1984; Ord. 471 §1, 1998)
Sec. 10-6-9. Defacing posted notices.
Any person who intentionally mars, destroys or removes any posted notice authorized by law commits the violation of defacing posted notice. (Ord. 380 1984)
Sec. 10-6-10. Injuring ditches, gutters or culverts.
It is unlawful for any person to either willfully, maliciously, wantonly or negligently fill up, obstruct or otherwise damage any ditch or ditches, gutters or culverts lawfully constructed in the Town. (Ord. 380 1984)
Sec. 10-6-11. Injuring or trespassing on gardens, crops or lawns.
(a) It is unlawful for any person to trespass upon or to permit any animal or fowl owned by or controlled by him or her to trespass upon or injure any garden or field of growing crops.
(b) It is unlawful for any person to drive or lead any horse or any other large animal upon or over any lawn or shrubs. (Ord. 380 1984)
Sec. 10-6-12. Throwing missiles; at or upon public or private property.
It is unlawful for any person to throw any stone, snowball or any other missile upon or at any vehicle, building, tree or other public or private property, or upon or at any person in any public way or place or enclosed or unenclosed ground. (Ord. 380 1984)
Sec. 10-6-13. Throwing missiles at certain vehicles.
Any person who intentionally projects any missile at or against any vehicle or equipment designed for the transportation of persons or property commits a violation of this Section. (Ord. 380 1984)
Sec. 10-6-14. Excavations and obstructions prohibited where; penalty.
(a) No person or corporation shall, without the written permission of the Town Board first had and obtained, erect or maintain any fence, house or other structure, dig pits or holes in or upon any street, alley or public place, remove from or deposit upon any street or alley any dirt, earth or rock, or store or pile in any such place any hay, straw, manure, boxes, barrels, building material or other matter; and no person or corporation shall tear down, burn or otherwise damage any bridge or culvert on any street or alley in the Town.
(b) All excavations herein specified, so made by permission of the Town Board, shall be safeguarded by a suitable rail fence and, if left open at night, shall be further provided with red lights in order that persons and animals shall not fall therein or be injured thereby.
(c) Any person violating any of the provisions of this Section, upon conviction thereof, shall be fined in a sum not exceeding fifty dollars ($50.00) and costs. (Ord. 380 1984)
Sec. 10-6-15. Littering.
(a) Any person who deposits, throws or leaves any litter on any public or private property or in any water commits littering.
(b) It shall be an affirmative defense that:
(1) Such property is an area designated by law for the disposal of such material, and the person is authorized by the proper public authority to so use the property;
(2) The litter is placed in a receptacle or container installed on such property for that purpose; or
(3) Such person is the owner or tenant in lawful possession of such property, or he or she has first obtained written consent of the owner or tenant in lawful possession, or the act is done under the personal direction of such owner or tenant.
(c)
(1) The term litter, as used in this Section, means all rubbish, waste material, refuse, garbage, trash, debris or other foreign substances, solid or liquid, of every form, size, kind and description.
(2) The phrase public or private property, as used in this Section, includes but is not limited to the right-of-way of any road or highway, any body of water or watercourse (including frozen areas or the shores or beaches thereof), any park, playground or building, any refuge, conservation or recreation area, and any residential farm or ranch properties or timberlands.
(d) Littering is punishable by a fine of fifteen dollars ($15.00) if only one (1) item is deposited, thrown or left. If two (2) or more items are thrown, deposited or left, the general penalty provisions, as set forth in Section 10-9-1 of this Chapter, apply.
(e) It is in the discretion of the Court, upon the conviction of any person and the imposition of a fine under this Section, to suspend the fine upon the condition that the convicted person gather and remove from specified public property or specified private property, with prior permission of the owner or tenant in lawful possession thereof, any litter found thereon.
(f) Whenever litter is thrown, deposited, dropped or dumped from any motor vehicle in violation of this Section, the operator of the motor vehicle is presumed to have caused or permitted the litter to be so thrown, deposited, dropped or dumped therefrom.
(g) The affirmative defense set forth in Paragraph (b)(3) of this Section shall not be deemed to authorize any conduct prohibited by other provisions of this Chapter, or by other provisions of this Code. (Ord. 380 1984)
Sec. 10-6-16. Throwing sharp objects in public streets.
It is unlawful for any person to throw, cast or place any glass, tacks, sharp-edged stones, nails, bits of wire, sharp or pointed articles or any other thing or substance calculated to or that might damage any vehicle on the public streets, alleys or thoroughfares of the Town. Any person violating any of the provisions of this Section shall, upon conviction thereof, be fined in a sum not exceeding fifty dollars ($50.00) and costs. (Ord. 380 1984)
Sec. 10-6-17. Abandoning of motor vehicles.
(a) Any person who abandons any motor vehicle upon a street, highway, right-of-way or any other public property, or upon any private property without the express consent of the owner or person in lawful charge of such private property, commits the violation of abandonment of a motor vehicle.
(b) To abandon means to leave anything with the intention not to retain possession of or assert ownership over it. The intent need not coincide with the act of leaving.
(c) It is prima facie evidence of the necessary intent that:
(1) The motor vehicle has been left for more than seven (7) days unattended and unmoved;
(2) The license plates or other identifying marks have been removed from the motor vehicle;
(3) The motor vehicle has been damaged, or is deteriorated so extensively that it has no value but for junk or salvage; or
(4) The owner has been notified by a law enforcement agency to remove the motor vehicle, and it has not been removed within three (3) days after notification. (Ord. 380 1984)
Sec. 10-6-18. Abandoning iceboxes and other items with compartments.
Any person abandoning or discarding, in any public place or private place accessible to children, any chest, closet, piece of furniture, refrigerator, icebox or motor vehicle, or other article having a compartment of a capacity of one and one-half (1.5) cubic feet or more, and having a door or lid which, when closed, cannot be opened easily from the inside, or who, being the owner, lessee or manager of such place, knowingly permits such abandoned or discarded article to remain in such condition, commits a violation of this Section. (Ord. 380 1984)
Sec. 10-6-19. Fraud by check.
(a) Definitions.
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.
Drawee means the bank upon which a check is drawn.
Issue. A person issues a check when he or she makes, draws, delivers or passes it or causes it to be made, drawn, delivered or passed.
Drawer means a person, either real or fictitious, whose name appears on a check as the primary obligor, whether the actual signature be that of himself or herself or of a person authorized to draw the check on himself or herself.
Insufficient funds means not having a sufficient balance in an account with a bank or other drawee for the payment of a check or order when the check or order is presented for payment and it remains unpaid thirty (30) days after such presentment.
(b) A person commits a misdemeanor if he or she issues or passes a check or similar sight order for the payment of money, knowing that the issuer does not have sufficient funds in or on deposit with the bank or other drawee for the payment in full of the check or order as well as all other checks or orders outstanding at the time of issuance.
(c) This Section does not relieve the prosecution from the necessity of establishing the required knowledge by evidence. However, for purposes of this Section, the issuer's knowledge of insufficient funds is presumed, except in the case of a postdated check or order, if:
(1) He or she has no account with the bank or other drawee at the time he or she issues the check or order; or
(2) He or she has insufficient funds upon deposit with the bank or other drawee to pay the check or order, on presentment within thirty (30) days after issue. (Ord. 390, 1986; Ord. 417 §1, 1991; Ord. 420 §1, 1991)
Sec. 10-6-20. Door-to-door sales solicitation.
(a)
(1) Policy on soliciting. It is hereby declared to be the policy of this Town that the occupant or occupants of the residences of this Town shall make the determination of whether solicitors shall be, or shall not be, invited to their respective residence.
a. Notice regulation soliciting. Every person desiring to secure the protection of the regulations contained in this Section shall comply with the following requirements, to-wit: Notice of the determination by the occupant of the refusal of invitation to solicitors to any residence shall be given by notice posted on the premises in the manner following: "NO SOLICITING."
b. Duty of solicitors. It shall be the duty of every solicitor, upon going onto any premises in the Town on which a residence is located, to examine and look for the notice provided for in Subparagraph a. above, if any is posted, and be governed by the statement contained on the notice. If the notice states "NO SOLICITING," then the solicitor shall immediately and peacefully depart from the premises. Any solicitor who has gained entrance to any residence, whether invited or not, shall immediately and peacefully depart from the premises when requested to do so by the occupant.
c. Uninvited soliciting prohibited. It is hereby declared to be unlawful and shall constitute a nuisance for any person to go upon any premises and ring the doorbell upon or near any door, or create any sound in any manner calculated to attract the attention of the occupant of such residence, for the purpose of securing an audience with the occupant thereof and engage in soliciting as herein defined in defiance of the notice exhibited at the residence in accordance with the provisions of Subparagraph a. of this Section.
(2) No person shall solicit door to door, as provided in Paragraph (a)(1) above, without first depositing with the Town Clerk a copy of a valid Colorado sales tax license or other evidence satisfactory to the Town Clerk that such person or his or her employer has a valid sales tax license.
(3) No person shall solicit door to door without first signing and delivering to the Town Clerk, on a form prescribed by the Town Clerk, an affidavit that such person will charge, collect and pay over to the State Department of Revenue all state and Town sales tax.
(4) It shall be the obligation of any partnership, corporation, company or business employing door-to-door salespersons to obtain a sales tax license and to collect and pay all sales taxes on sales made in the Town.
(b) This Chapter shall not apply to religious, charitable or nonprofit organizations soliciting donations or selling merchandise for religious, charitable, educational or other eleemosynary purposes. (Ord. 396, 1987; Ord. 416 §1, 1991; Ord. 484 §1, 2000)
