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COUNCIL BILL NO. CB23-014 ORDINANCE NO. AN ORDINANCE REPEALING AND REENACTING SECTION 62-39, CRIMINAL MISCHIEF, AND ADDING SECTIONS 62-79, CRIMINAL TAMPERING-SERVICE, 62-80, CRIMINAL TAMPERING-PROPERTY, 62-81 CRIMINAL LIABILITY OF BUSINESS ENTITIES, AND 62-82, CRIMINAL LIABILITY OF AN INDIVIDUAL FOR CORPORATE CONDUCT, OF ARTICLE II, MISCELLANEOUS OFFENSES, OF CHAPTER 62, OFFENSES, TO THE ARVADA CITY CODE WHEREAS, the City of Arvada has the authority under C.R.S. §31-16-101, and otherwise under its authority as a Home Rule city to establish ordinances, regulations, and procedures that protect life and property; and WHEREAS, the City Council finds it is important to frequently review, update, and correct language in its code of ordinances; and WHEREAS, the City Council finds that adding and aligning municipal criminal offenses with the equivalent state statutes, allows for increased enforcement options and provides a consistent understanding of criminal offenses; and WHEREAS, the City Council finds that repealing and reenacting the City’s criminal mischief ordinance and adding criminal tampering, criminal liability of business entities, and criminal liability of an individual for corporate conduct is necessary to protect the rights, health, safety, and welfare of the public. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ARVADA, COLORADO: Section 1. Section 62-39, Criminal mischief, of Article II, Miscellaneous Offenses, of Chapter 62, Offenses, of the Arvada Municipal Code is hereby repealed and reenacted to read as follows: “Sec. 62-39. Criminal mischief. Criminal mischief. A person commits criminal mischief when that person knowingly damages 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. Criminal mischief-recreational resource. Definition. For purposes of this section, damage means to cause harm to a recreational resource or any landscaping or structure in or upon a recreational A public hearing on this Council Bill will be held by the Arvada City Council on Monday, July 10 at 6:15pm at 8101 Ralston Road in the Council Chambers. ---PAGE BREAK--- resource by any means, including but not limited to the unauthorized burning, cutting, defacing, placing graffiti or marking upon, digging, driving upon, excavating, trenching, or otherwise injuring or impairing the natural beauty or usefulness of a recreational resource. Damage also includes but is not limited to the unauthorized alteration or modification to a designed or natural landscaping area, painting of turf, structures, or trail surfaces, mowing of maintained turf or natural vegetation surfaces, planting, pruning, removing, or in any way modifying trees, plants, flowers, turf, or other vegetation, whether natural or maintained, in or upon a recreational resource. Damage also includes but is not limited to the unauthorized removal of, modification to, adjustment to, connection to, or turning on or off an irrigation system or any part thereof, and the application of any fertilizer or other chemical to vegetation in or upon a recreational resource. Unlawful act. A person commits criminal mischief of park property when that person knowingly damages property, real or otherwise, in or upon a recreational resource. This section shall apply only where the aggregate amount of damage to the real or personal property that is damaged or destroyed in a single criminal episode is less than $2,000.00. Section 2. Section 62-79, Criminal tampering-service, is hereby added to Article II, Miscellaneous Offenses, of Chapter 62, Offenses, of the Arvada City Code, to read as follows: “Sec. 62-79. Criminal tampering-service. A person commits the crime of criminal tampering with a service 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, the person tampers with property of a utility or institution.” Section 3. Section 62-80, Criminal tampering-property, is hereby added to Article II, Miscellaneous Offenses, of Chapter 62, Offenses, of the Arvada City Code, to read as follows: “Sec. 62-80. Criminal tampering-property. A person commits the crime of criminal tampering if that person tampers with property of another with intent to cause injury, inconvenience, or annoyance to that person or to another or if he knowingly makes an unauthorized connection with property of a utility.” Section 4. Section 62-81, Criminal liability of business entities, is hereby added to Article II, Miscellaneous Offenses, of Chapter 62, Offenses, of the Arvada City Code, to read as follows: “Sec. 62-81. Criminal liability of business entities. Definitions. As used in this section: ---PAGE BREAK--- Business entity means a corporation, sole proprietorship, or other association or group of individuals doing business in the city.” High managerial agent means an officer of a business entity or any other agent in a position of comparable authority with respect to the formulation of the business entity’s policy or the supervision in a managerial capacity of subordinate employees. A business entity is guilty of an offense if: The conduct constituting the offense consists of an omission to discharge a specific duty of affirmative performance imposed on the business entity by law; or The conduct constituting the offense is engaged in, authorized, solicited, requested, commanded, or knowingly tolerated by the governing body or individual authorized to manage the affairs of the business entity or by a high managerial agent acting within the scope of his or her employment or in behalf of the business entity. Section 5. Section 62-82, Criminal liability of an individual for corporate conduct, is hereby added to Article II, Miscellaneous, of Chapter 62, Offenses, of the Arvada City Code, to read as follows: “Sec. 62-82. Criminal liability of an individual for corporate conduct. A person is criminally liable for conduct constituting an offense which the person performs or causes to occur in the name of or in behalf of a business entity to the same extent as if that conduct were performed or caused by the person in their own name or behalf.” The remaining portions of Chapter 62 shall remain unchanged. Section 6. Savings clause. Any repeal set forth in this ordinance shall not affect or prevent the prosecution or punishment of a person for any act done or committed prior to the effective date of this ordinance and that is violation of the section or sections repealed by this ordinance. Section 7. Severability. If any section, paragraph, sentence, clause, or phrase of this ordinance is held to be unconstitutional or invalid for any reason, such decision shall not affect the validity of constitutionality of the remaining portions of this ordinance. The City Council declares it would have adopted this ordinance and each part or parts hereof irrespective of the fact that any one part or parts be declared unconstitutional or invalid. Section 8. This ordinance shall take effect five days after publication following final passage. ---PAGE BREAK--- INTRODUCED, READ, AND ORDERED PUBLISHED this 5th day of June, 2023. PASSED, ADOPTED, AND APPROVED this day of 20__. Marc Williams, Mayor ATTEST: City Clerk APPROVED AS TO FORM: Rachel A. Morris, City Attorney Publication Dates: June 8, 2023 ---PAGE BREAK--- REDLINE/STRIKEOVER VERSION FOR INFORMATION ONLY – NOT PART OF THE ORDINANCE Underlined indicates new material Strikethrough indicates deleted material Sec. 62-39. Criminal mischief. Criminal mischief. A person commits criminal mischief when that person knowingly damages 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. Criminal mischief-recreational resource. Definition. For purposes of this section, damage means to cause harm to a recreational resource or any landscaping or structure in or upon a recreational resource by any means, including but not limited to the unauthorized burning, cutting, defacing, placing graffiti or marking upon, digging, driving upon, excavating, trenching, or otherwise injuring or impairing the natural beauty or usefulness of a recreational resource. Damage also includes but is not limited to the unauthorized alteration or modification to a designed or natural landscaping area, painting of turf, structures, or trail surfaces, mowing of maintained turf or natural vegetation surfaces, planting, pruning, removing, or in any way modifying trees, plants, flowers, turf, or other vegetation, whether natural or maintained, in or upon a recreational resource. Damage also includes but is not limited to the unauthorized removal of, modification to, adjustment to, connection to, or turning on or off an irrigation system or any part thereof, and the application of any fertilizer or other chemical to vegetation in or upon a recreational resource. This section shall apply only where the aggregate amount of damage to the real and/or personal property that is damaged or destroyed in a single criminal episode is less than $2,000.00. Sec. 62-79. Criminal tampering- service. A person commits the crime of criminal tampering with a public service 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, the person tampers with property of a utility or institution. Sec. 62-80. Criminal tampering- property ---PAGE BREAK--- A person commits the crime of criminal tampering if that person tampers with property of another with intent to cause injury, inconvenience, or annoyance to that person or to another or if he knowingly makes an unauthorized connection with property of a utility. Sec. 62-81. Criminal liability of business entities. Definitions. As used in this section: Business entity means a corporation, sole proprietorship, or other association or group of individuals doing business in the city.” High managerial agent means an officer of a business entity or any other agent in a position of comparable authority with respect to the formulation of the business entity’s policy or the supervision in a managerial capacity of subordinate employees. A business entity is guilty of an offense if: The conduct constituting the offense consists of an omission to discharge a specific duty of affirmative performance imposed on the business entity by law; or The conduct constituting the offense is engaged in, authorized, solicited, requested, commanded, or knowingly tolerated by the governing body or individual authorized to manage the affairs of the business entity or by a high managerial agent acting within the scope of his or her employment or in behalf of the business entity. Sec. 62-82. Criminal liability of an individual for corporate conduct A person is criminally liable for conduct constituting an offense which the person performs or causes to occur in the name of or in behalf of a business entity to the same extent as if that conduct were performed or caused by the person in their own name or behalf.