|
|
 |
O-2007-28
AN ORDINANCE
AMENDING SECTION 1.16.080 OF TITLE 1 OF THE LAKEWOOD MUNICIPAL CODE PERTAINING TO PENALTY FOR VIOLATIONS, AMENDING SECTIONS 5.24.010 AND 5.24.360 OF TITLE 5 OF THE LAKEWOOD MUNICIPAL CODE PERTAINING TO BUSINESS LICENSES AND REGULATIONS, AND AMENDING SECTIONS 9.32.260, 9.43.030, 9.43.040, 9.50.080, 9.60.010, 9.60.020, 9.63.020, 9.64.010, 9.64.020, 9.65.010, 9.65.020, 9.65.030, AND 9.70.010 OF TITLE 9 OF THE LAKEWOOD MUNICIPAL CODE PERTAINING TO PUBLIC PEACE AND SAFETY
BE IT ORDAINED by the City Council of the City of Lakewood, Colorado, that:
SECTION 1. Subsection 1.16.080 (G) of the Lakewood Municipal Code is hereby amended and shall be as follows:
1.16.080 PROTECTION ORDER AGAINST DEFENDANT.
G. "Domestic violence" means an act or threatened act of violence upon a person with whom the actor is or has been involved in an intimate relationship. "Domestic violence" also includes any other crime against a person or against property, including an animal, or any municipal ordinance violation against a person or against property, including an animal, when used as a method of coercion, control, intimidation, or revenge directed against a person with whom the actor is or has been involved in an intimate relationship.
SECTION 2. Section 5.24.010 of the Lakewood Municipal Code is hereby amended and shall be as follows:
5.24.010 DEFINITIONS.
As used in this chapter:
"Contract for purchase" means a contract entered into between a pawnbroker and a customer pursuant to which money is advanced to a customer by the pawnbroker on the delivery of tangible personal property by the customer on the condition that a customer, for a fixed price and within a fixed period of time, to be no less than thirty days, has the option to cancel said contract.
"Fixed price" means that amount agreed upon to cancel a contract for purchase during the option period. Said fixed price shall not exceed one-fifth of the original purchase price for each month plus the original purchase price.
"Fixed time" means that period of time, to be no less than thirty days, as set forth in a contract for purchase, for an option to cancel said contract.
"Manager" means an individual employee of a pawnbroker who directs the business of the pawnbroker and who is in direct control of the pawnbrokering business.
"Option" means the fixed time and the fixed price agreed upon by the customer and the pawnbroker in which a contract for purchase may but does not have to be rescinded by the customer.
"Pawnbroker" means a person, partnership, limited liability company, or corporation regularly engaged in the business of making contracts for purchase or purchase transactions in the course of his business. The term does not include Secondhand Dealers as defined in and regulated by C.R.S. Section 18-13-114 through C.R.S. Section 18-13-118.
"Pawnbrokering" means the business of a pawnbroker as defined by this section.
"Pledge" or "pledged property" means any tangible personal property deposited with a pawnbroker pursuant to a contract for purchase in the course of his business as defined in this section.
"Pledgor" means a customer who delivers a pledge into the possession of a pawnbroker.
"Purchase transaction" means the purchase by a pawnbroker in the course of his business of tangible personal property for resale, other than newly manufactured tangible personal property which has not previously been sold at retail, when such purchase does not constitute a contract for purchase.
"Tangible personal property" means all personal property other than choses in action, securities, or printed evidences of indebtedness, which property is deposited with or otherwise actually delivered into the possession of a pawnbroker in the course of his business in connection with a contract for purchase or a purchase transaction.
SECTION 3. Section 5.24.360 of the Lakewood Municipal Code is hereby amended and shall be as follows:
5.24.360 VIDEOTAPE AND PHOTOGRAPH REQUIREMENTS.
Every pawnbroker shall videotape all transactions, including those which do not result in a contract for purchase or purchase transaction. The face of each customer who enters into a purchase transaction or contract for purchase shall be digitally photographed. The videotape and photograph shall be in a format approved by the Lakewood Police Department and of such quality that it clearly displays an identifiable frontal image of the customer. Any such videotape shall be kept by the pawnbroker for a minimum of ninety (90) days and shall be subject to police review. If the videotape contains photographic evidence, it shall be held for one hundred and eighty (180) days.
SECTION 4. Section 9.32.260 of the Lakewood Municipal Code is hereby amended and shall be as follows:
9.32.260 DESTRUCTION OF PUBLIC PROPERTY.
It is unlawful for any person to knowingly remove, destroy, mutilate, modify or deface any building, structure, water control device, fence, gate, notice, survey or section marker, tree, shrub, or other plant or vegetation or any other item or public property within any park, community center, or recreation facility of the city where the aggregate damage to the public property is less than one thousand dollars.
SECTION 5. Section 9.43.030 of the Lakewood Municipal Code is hereby amended and shall be as follows:
9.43.030 POSSESSION OF MARIJUANA.
It is unlawful for any person to knowingly possess less than eight ounces of marijuana.
SECTION 6. Section 9.43.040 of the Lakewood Municipal Code is hereby amended and shall be as follows:
9.43.040 PUBLIC DISPLAY, CONSUMPTION OR USE OF MARIJUANA.
It is unlawful for any person to openly and publicly display, consume, or use less than eight ounces of marijuana.
SECTION 7. Section 9.50.080 of the Lakewood Municipal Code is hereby amended and shall be as follows:
9.50.080 PUBLIC INDECENCY.
It is unlawful for any person to commit public indecency. Any person who performs any of the following in a public place or where the conduct may reasonably be expected to be viewed by members of the public commits public indecency:
A. An act of sexual intercourse; or
B. An act of deviate sexual intercourse; or
C. A lewd exposure of the body done with intent to arouse or to satisfy the sexual desire of any person; or
D. A lewd fondling or caress of the body of oneself or another person.
SECTION 8. Section 9.60.010 of the Lakewood Municipal Code is hereby amended and shall be as follows:
9.60.010 CRIMINAL MISCHIEF.
It is unlawful for any person to knowingly injure, damage, or destroy the real or personal property of one or more other persons including property owned by the person jointly with another person or property owned by the person in which another person has a possessory or proprietary interest, in the course of a single criminal episode where the aggregate damage to the real or personal property is less than one thousand dollars.
SECTION 9. Section 9.60.020 of the Lakewood Municipal Code is hereby amended and shall be as follows:
9.60.020 INJURY OR REMOVAL OF SIGNS.
It is unlawful for any unauthorized person to willfully remove, deface, injure, damage or destroy any street sign or official traffic control device erected or placed in or adjacent to any street where the aggregate damage to such street sign or traffic control device is less than one thousand dollars.
SECTION 10. Section 9.63.020 of the Lakewood Municipal Code is hereby amended and shall be as follows:
9.63.020 ISSUANCE OF BAD CHECK.
A. It is unlawful for any person to issue or pass a check or similar sight order for the payment of less than one thousand dollars, knowing that the issuer does not have sufficient funds in or on deposit with the bank or other drawee for the payment of in full of the check or order as well as all other checks or orders outstanding at the time of issuance.
B. It is unlawful for any person to issue or pass two or more checks or similar sight orders within any sixty-day period within the City of Lakewood for the payment of money totaling less than one thousand dollars in the aggregate 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 checks or order as well as all other checks or orders outstanding at the time of issuance.
C. It is unlawful for any person to open 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.
D. This section does not relieve the prosecution from the necessity of establishing
the required knowledge by evidence. However, for the 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 has no account upon which the check or order is drawn with the bank or other drawee at the time he issues the check or order; or
2. He has insufficient funds upon deposit with the bank or other drawee to pay the check or order, on presentation within thirty days after issue.
SECTION 11. Section 9.64.010 of the Lakewood Municipal Code is hereby amended and shall be as follows:
9.64.010 SHOPLIFTING-UNLAWFUL.
It is unlawful for any person to knowingly conceal or otherwise carry away, or to knowingly aid another to conceal or otherwise carry away, unpurchased goods, wares or merchandise owned or held by and offered or displayed for sale by any store or other mercantile establishment with the intent to avoid payment thereof and to permanently deprive the store or mercantile establishment of the benefit of the unpurchased goods, wares or merchandise; provided, however, that the aggregate value of such unpurchased goods, wares, or merchandise shall be less than one thousand dollars.
SECTION 12. Section 9.64.020 of the Lakewood Municipal Code is hereby amended and shall be as follows:
9.64.020 PRICE SWITCHING.
It is unlawful for any person to willfully 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; provided, however, that this section shall not apply to goods, wares or merchandise of a value of one thousand dollars or more.
SECTION 13. Section 9.65.010 of the Lakewood Municipal Code is hereby amended and shall be as follows:
9.65.010 PETTY THEFT-UNLAWFUL.
It is unlawful for any person knowingly to obtain or exercise control over anything, of the value of less than one thousand dollars, of another without authorization, or by threat or deception, or knowing said thing of such value to have been stolen, when the person who so obtained or exercises control over such thing of value:
A. Intends to deprive such other person permanently of the use or benefit of such thing of value; or
B. Knowingly uses, conceals, or abandons such thing of value as to deprive such other person permanently of the use or benefit of the same; or
C. Uses, conceals, or abandons such thing of value, intending that such use, concealment, or abandonment will deprive such other person permanently of the use or benefit of the same; or
D. Demands any consideration to which such person is not legally entitled, as a condition of restoring such thing of value to such other person.
SECTION 14. Section 9.65.020 of the Lakewood Municipal Code is hereby amended and shall be as follows:
9.65.020 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, 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 knowingly fails to reveal the whereabouts of or to return said property to the owner thereof or his representative or to the person from whom he has received it within seventy-two hours after the time at which he agreed to return it.
B. This section shall not apply to goods, wares, or merchandise of a value of one thousand dollars or more.
SECTION 15. Section 9.65.030 of the Lakewood Municipal Code is hereby amended and shall read as follows:
9.65.030 THEFT BY RECEIVING.
A. It is unlawful for any person to receive, retain, loan money by pawn or pledge on, or dispose of anything of value of another, knowing or believing that said 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.
B. This section shall not apply to goods, wares, or merchandise of a value of one thousand dollars or more.
SECTION 16. Section 9.70.010 of the Lakewood Municipal Code is hereby amended and shall be as follows:
9.70.010 DEFINITIONS.
The following definitions shall apply to this chapter:
"Blackjack" includes any billy, sandclub, sandbag, sap or other hand-operated striking weapon consisting, at the striking end, of an encased piece of lead or other heavy substance, and, at the handle end, a strap or springy shaft which increases the force of impact, or any device or article consisting of two or more separate portions, linked together by a chain, strap or other fastener, which configuration is designed to increase the striking force or impact of the device or article.
"Deadly Weapon" means any of the following which in the manner it is used or intended to be used is capable of producing death or serious bodily injury:
1. A firearm, whether loaded or unloaded;
2. A knife;
3. A bludgeon; or
4. Any other weapon, device, instrument, material, or substance, whether animate or inanimate.
"Firearm" means any handgun, automatic, revolver, pistol, rifle, shotgun, or other instrument or device capable or intended to be capable of discharging bullets, cartridges, or other explosive devices.
"Gravity knife" includes any knife, the blade of which is released from the handle or sheath thereof by the force of gravity or the application of centrifugal force.
"Switchblade knife" includes any knife, the blade of which opens automatically by hand pressure applied to a button, spring or other device in its handle.
SECTION 17. This ordinance shall take effect thirty (30) days after final publication.
I hereby attest and certify that the within and foregoing ordinance was introduced
and read on first reading at a regular meeting of the Lakewood City Council
on the 27th day of August, 2007; published by title in the Rocky Mountain News
and in full on the City of Lakewood's website, www.lakewood.org, on the 30th
day of August, 2007; set for public hearing on the 10th day of September, 2007,
read, finally passed and adopted by the City Council on the 10th day of September,
2007, and, signed and approved by the Mayor on the 11th day of September, 2007.
Stephen A. Burkholder, Mayor
ATTEST:
Sharon Blackstock, Acting City Clerk
APPROVED AS TO FORM:
Paul Kennebeck, Interim City Attorney
 |
||
Home
| Search
| Contact Us | Privacy
Policy© City of Lakewood, 480 S. Allison Pkwy., Lakewood, CO 80226, 303-987-7000 |