HomeMy WebLinkAboutordinance.council.002-03ORDINANCE NO, ~, SERIES OF 2003
AN O~INANCE OF THE CIT¥ COUNCIL OF THECiT¥ o~ ASpEN;
COLO~O, PROHiBiTiNG AND ESTXBLISHING THE pRIMA FACIE
ELEMENTS OF THEFT OF SERVICES; THE~T~'B~ ~XL~ ~ X LI~T
TICKET, COUPON, OR VOUCHER, DECEPTIVE USE OF s~ OR
REC__R~__A_~IONAL FACILiTiES; USE OF A FALSE SKI OR RECREATIONAL
'rlCKET, AND MAKING A FALSE SKI OR ~C~ATiONAL TIC~T
WHEREAS, the people of the City of Aspen are damaged by the occurrence of the
following:
(1) theft of services,
(2) theft by the resale of lift tickets, coupons, or vouchers,
(3) the deceptive use of ski or recreational facilities,
(4) the use of false ski or recreational tickets, and
(5) the making of false ski or recreational tickets, and
WHEREAS, the City of Aspen has no municipal ordinances specifically prohibiting the
five offenses cited above, the absence of which limits the enforcement powers of the
Aspen Police Department, and
WHEREAS, the efficiency of the Aspen Police Department in prosecuting cases of this
nature will be increased significantly by the adoption of this ordinance, and
WHEREAS, pursuant to Section 18-4-401(8) of the Colorado Revised Statutes 2002, a
municipality shall have concurrent power to prohibit thefts, by ordinance, where the
value of the thing involved is less than five hundred dollars ($500.00).
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF ASPEN, COLORADO, THAT:
Section 1.
That the Municipal Code of the City of Aspen, Colorado, is hereby amended by adding
sections that shall read as follows:
15.04.620 Theft of services prohibited
It shall be unlawful for any person to commit a theft of services. A person commits theft
of services when he/she knowingly obtains service from a service provider, including but
not limited to a ski or recreational facility, a cable or phone company, or a trash/waste
collector, by trick, artifice, deception, trespass, use of an unauthorized ticket, device, or
decoder, or by any other means without authorization or with the intent to deprive such
service provider of lawful compensation for the services rendered For the purposes of
this,section, the value of the thing involved shah be less than five hundred dollars
($500.00).
15.04.640 Theft by resale of a lift ticket, coupon, or voucher prohibited
It shall be unlawful for any person to commit a theft by resale of a lift ticket or coupon.
Any unauthorized person who, with intent to profit therefrom, resells or offers to resell
any ticket, pass, badge, pin, coupon, or other device which then entitles the bearer to the
use, benefit, or enjoyment of any skiing service, skiing facility, or recreational facility
commits a theft by resale of a lift ticket or coupon. For the purposes of this section, the
value of the thing involved shall be less than five hundred dollars ($500. 00).
15.04.660 Deceptive use of ski or recreational facilities prohibited.
It shall be unlawful for any person to commit a deceptive use of ski or recreational
facilities. A person commits a deceptive use of ski or recreational facilities when he/she
knowingly obtains or attempts to obtain the use, benefit, or enjoyment of any skiing
service or skiing facility or other recreational facility by any false pretense, trick, or
deceptive means, method or device whatsoever.
15.04.680 Use of a false ski or recreational ticket prohibited,
It shall be unlawful for any person to use a false ski or recreational ticket. A person
commits a use of a false ski or recreational ticket when he/she knowingly possesses,
offers~ uses, presents, sells or gives away any false, simulated bogus, spurious, sham,
altered, forged counterfeit, defaced, or mutilated ticket, token, pass, badge, pin or other
device which is not genuine and which is not authorized for obtaining the use, benefit, or
enjoyment of any skiing service or skiing facility or other recreational facility by the
other°Wner'recreational facility.pr°priet°r' lessee, licensee or operator of such skiing service, skiing facility or
15.04.700 Making a false ski or recreational ticket.
R shall be unlawful for anyperson to make a false ski or recreational ticket..4 person
makes a false ski or recreational ticket when he/she knowingly falsifies, alters, forges,
counterfeits, defaces or mutilates any ticket, pass, badge, pin or other device entitling the
holder thereof to the use, benefit, or enjoyment of any skiing service, skiing facility or
other recreational facility, or makes or manufactures any simulated, bogus, spurious, or
sham ticket, token, pass, badge, pin or other device purporting to entitle the holder
thereof to the use, benefit, or enjoyment of any skiing service, skiing facility or other
recreational facility.
Section 2.
This ordinance shall not have any effect on existing litigation and shall not operate as an
abatement of any action or proceeding now pending under or by virtue of the ordinances
amended as provided herein, and the same shall be construed and concluded under such
prior ordinances.
_Section 3.
If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any
reason held invalid or unconstitutional in. a court of competent jurisdiction, such portion
shall be deemed a separate, distinct and independent provision and shall not affect the
validity of the remaining portions thereof.
.Section 4.
A public hearing on the ordinance shall be held on the _~::/-. day of ,2003,
in the City Council Chambers, Aspen City Hall, 130 South Galena, Aspen, Colorado.
INTRODUCED, READ AND ORDERED puBLIsHED as provided by law by the
City Council of the City of Aspen on the } :~day of .~~~, 2003.
Helen Kali'n I~n~e~ M~yor - ~
ATTEST:
athrYn S.~o~:h, City clerk ~
FINALLY adopted, passed, and approved this~day of ~~/,~,~ 2003.
/-
Hele~ K~lin"Klhn d~ ~or
ATTEST:
hryn S. K~,fih, C~ty{21erk