Section 9-2-1. Criminal Mischief. It is unlawful for any person to knowingly or intentionally injure, deface, damage or destroy the real or personal property of another person, whether public or private, in the City of Northglenn. It is further provided that this section shall not apply where the aggregate damage in any one (1) criminal episode to such real or personal property is two thousand dollars ($2,000.00) or more.

[Source: Ord. 1499, 2007; 1660, 2013]

Section 9-2-2. Trespassing.

A person commits a trespass when such person unlawfully enters or remains in or upon premises of another person. It is unlawful for any person:

To trespass intentionally on the premises of another person, and intentionally and without regard for the rights of the owner or lawful occupant to use, be in or upon, or occupy such premises without authority to do so from the owner or lawful occupant thereof.

To trespass intentionally on the premises of another person, when a sign or other device forbidding entry has been posted upon such premises, and intentionally and without regard for the rights of the owner or lawful occupant to use, be in or upon, occupy or cross such premises without authority to do so from the owner or lawful occupant thereof.

To trespass and commit depredations upon the premises or property of another person.

To trespass on the premises of another person and by negligence be responsible for any fire which results in damage to any building, structure or personal property.

To trespass and cut, break, destroy, mar or deface, or remove any tree, plant, gate, door, window, wall, fence or personal property on the premises of another person without authority to do so from the owner or lawful occupant thereof.

Being lawfully upon the premises of another person, intentionally or willfully and without regard for the rights of the owner or lawful occupant to remain upon or refuse to leave such premises within a reasonable time after notice to quit the same.

A person commits a trespass when such person unlawfully enters or remains in or upon a motor vehicle, trailer or mobile home of another person. It is unlawful for any person;

To intentionally enter, use or occupy a motor vehicle, trailer or mobile home without authority to do so from the owner or lawful occupant thereof.

To trespass upon the motor vehicle, trailer or mobile home of another person and by negligence be responsible for any fire which results in damage to such motor vehicle, trailer or mobile home.

To trespass and cut, break, destroy, mar or deface, or remove any door, window, or other part or accessory of any motor vehicle, trailer or mobile home without authority to do so from the owner or lawful occupant thereof.

The provisions of this section shall not apply to police officers, firemen, building inspectors, City employees or other federal, state or local governmental employees in the lawful performance of their duties. The provisions of Section 9-2-2(a)(2) shall not apply to persons making deliveries of newspapers, periodicals, publications, mail or merchandise, to persons employed to read water, gas or electricity meters, to persons collecting trash or garbage, or to salesmen, solicitors, peddlers, or canvassers licensed by the City of Northglenn. No conviction shall be had for violation of Section 9-2-2(a)(1) for trespass to an uninhabited or unoccupied building unless the building is locked or a sign or other device forbidding entry has been posted upon such building or unless such building is contained within a fence; and no conviction shall be had under Section 9-2-2(a)(1) for trespass to any unimproved real property unless such property is posted by signs forbidding entry, at intervals of not less than one hundred yards along the exterior boundaries of the property with at least one such sign facing each street or parcel of land adjoining the posted property.

A sign forbidding entry, for the purposes of this section, shall be sufficient when the same is legible, contains the words "no trespassing" or other express statement forbidding entry, and is posted in a place where it is plainly visible; provided that any such sign posted on the property of a municipal or quasi-municipal corporation shall contain the name or official symbol of such municipal or quasi-municipal corporation.

[Source: Ord. 1093, 1994]

Section 9-2-3. Street Signs. It is unlawful for any unauthorized person to willfully remove, deface, injure, damage or destroy any street sign or traffic-control or warning sign or device erected or placed in or adjacent to any street. It is further provided that this section shall not apply where the aggregate damage to such street sign or traffic-control or warning device is four hundred dollars ($400.00) or more.

Any violation of this section is a civil infraction, punishable according to Section 1-1-10(a)(3) of the Municipal Code, as amended, or is a nuisance, punishable according to this Chapter, or both. In no case shall a violation of this section be deemed to be punishable by jail time. The penalty set forth in Section 1-1-10(a)(2) of the Municipal Code does not apply.

[Source: Ord. 1093, 1994; 1801, 2020; 1824, 2022]

Section 9-2-4. Public Signs. It is unlawful for any person without proper authorization to remove, deface, damage, or destroy any official sign erected or installed by the City of Northglenn in or upon any park, park building, recreational facility, public property, or any street, highway, walkway, boulevard or sidewalk within or adjacent to any park. It is further provided that this section shall not apply where the aggregate damage to such public sign is four hundred dollars ($400.00) or more.

Any violation of this section is a civil infraction, punishable according to Section 1-1-10(a)(3) of the Municipal Code, as amended, or is a nuisance, punishable according to this Chapter, or both. In no case shall a violation of this section be deemed to be punishable by jail time. The penalty set forth in Section 1-1-10(a)(2) of the Municipal Code does not apply.

[Source: Ord. 1093, 1994; 1801, 2020]

Section 9-2-5. Destroying Posters. It is unlawful for any person to intentionally tear down, deface or cover up any lawfully posted advertisement or bill of any person or entity; provided, that this section shall not apply to any person showing the lawful right or authority to tear down, deface or cover up any such advertisement or bill.

Any violation of this section is a civil infraction, punishable according to Section 1-1-10(a)(3) of the Municipal Code, as amended, or is a nuisance, punishable according to this Chapter, or both. In no case shall a violation of this section be deemed to be punishable by jail time. The penalty set forth in Section 1-1-10(a)(2) of the Municipal Code does not apply.

[Source: Ord. 1093, 1994; 1801, 2020]

Section 9-2-6. Tampering. It is unlawful for any person to tamper with the property of another person with intent to cause injury, inconvenience, or annoyance to that person or to another.

[Source: Ord. 1093, 1994]

Section 9-2-7. Reserved. (Ord. 1734, 2017).

Section 9-2-8. Shoplifting.

It is unlawful for any person to take or secrete with the intent to avoid payment therefore, any goods, wares or merchandise displayed or otherwise offered for sale which have a value of less than two thousand dollars ($2,000.00).

It is unlawful for any person to switch or change in any way the price tags with the intent to avoid full payment therefore, on any goods, wares or merchandise displayed or otherwise offered for sale which have a value of less than two thousand dollars ($2,000.00).

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 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 shoplifting.

[Source: Ord. 1499, 2007; 1660, 2013]

Section 9-2-9. Theft.

It is unlawful for any person to commit theft. A person commits theft when such person knowingly obtains or exercises control over anything of value belonging to another person without the other person's consent or authorization, or when such person knowingly obtains or exercises control over anything of value belonging to another person by threat or deception; provided that the thing of value has a value or worth of less than two thousand dollars ($2,000.00) and:

The person intends to deprive the other person permanently of the use or benefit of the thing of value; or

The person 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

The person uses, conceals, or abandons the thing of value intending that such use, concealment, or abandonment will deprive the other person permanently of its use or benefit; or

The person demands any consideration to which such person is not legally entitled as a condition of restoring the thing of value to the other person.

A person commits theft when such person knowingly receives or uses services available only for hire from another person with the intent to deprive the other person of the compensation or benefit that the other person ordinarily receives for providing or delivering such services; provided the service has a value or worth of less than two thousand dollars ($2,000.00).

[Source: Ord. 1499, 2007; 1660, 2013; 1824, 2023]

Section 9-2-10. Theft of Rental Property.

It is unlawful for any person to commit theft of rental property. A person commits theft of rental property if such person:

Obtains the temporary use of personal property of another person, which is available only for hire, by means of threats or deception, or with knowledge that such use is without the consent of the person providing the personal property; or

Having lawfully obtained possession for temporary use of the personal property of another person, which is available only for hire, knowingly fails to reveal the whereabouts of or fails to return said property to the owner thereof, or the owner's representative, or to the person from whom the individual received it, within seventy-two (72) hours after the time at which the individual agreed to return it.

This section shall not apply where the aggregate value of the property involved is two thousand dollars ($2,000.00) or more.

[Source: Ord. 1499, 2007; 1660, 2013; 1824, 2022]

Section 9-2-11. Fraud by Check.

Definitions. As used in this Section, the following terms shall have the definitions ascribed as follows:

"Check" means a written, unconditional order to pay a sum certain 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 be that of such person or of a person authorized to draw a check on the account.

"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 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 on the check plus the amount of all other checks outstanding at the time of issuance; and a check dishonored for "NO ACCOUNT" shall be deemed to be dishonored for "INSUFFICIENT FUNDS."

"Issue" means making, drawing, delivering, or passing a check or causing 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.

"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 of an intended withdrawal not less than thirty (30) days before the 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.

It is unlawful to commit fraud by check. Any person knowing such person has insufficient funds with the drawee, who, with intent to defraud, issues a check in an amount less than two thousand dollars ($2,000.00) for the payment of services, wages, salary, commissions, labor, rent, money, 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.

If deferred prosecution or judgment or probation is ordered, the Court as a condition may require the defendant to make restitution on all checks issued by the defendant which are unpaid as of the date of commencement of the deferred prosecution or judgment or probation in addition to other terms and conditions appropriate for the treatment or rehabilitation of the defendant.

This Section does not relieve the prosecution from the necessity of establishing the required culpable mental state. 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:

He or she has no account upon which the check or order is drawn with the bank or other drawee at the time he or she issues the check or order; or

He or she has insufficient funds upon deposit with the bank or other drawee to pay the check or order, on presentation within thirty (30) days after issue.

Any person having acquired rights with respect to a check which is not paid because the drawer has insufficient funds shall have standing to file a complaint under this Section, whether or not such person is the payee, holder or bearer of the check.

A bank, savings and loan association, industrial bank or a credit union shall not be civilly or criminally liable for releasing information relating to the drawer's account to a police officer or authorized investigator for the police department investigating or prosecuting a charge under the section.

[Source: Ord. 1499, 2007; 1660, 2013; 1824, 2014]

Section 9-2-12. Theft by Receiving. It is unlawful for any person to knowingly receive, retain or loan money by pawn or pledge on, or dispose of anything having a value of less than two thousand dollars ($2,000.00) belonging to another, knowing or believing that said thing of value has been stolen, and when he or she intends to deprive the lawful owner permanently of the use or benefit of the thing of value.

[Source: Ord. 1499, 2007; 1660, 2013]

Section 9-2-13. Illegal Use of Municipal Recycling Facilities. It is unlawful for any non-resident of the City of Northglenn, or for any business entity, not doing business in the City of Northglenn, to deposit material in any City Recycling facility. It is also unlawful for any business within the City of Northglenn to deposit material in any City recycling facility, without specific prior approval of the City Manager or the City Manager's designee. The City Manager or the City Manager's designee may establish rules and regulations for the use of City recycling facilities which shall be posted at all such recycling facilities and it is unlawful for any person or business entity to violate such posted rules and regulations.

Any violation of this section is a civil infraction, punishable according to Section 1-1-10(a)(3) of the Municipal Code, as amended, or is a nuisance, punishable according to this Chapter, or both. In no case shall a violation of this section be deemed to be punishable by jail time. The penalty set forth in Section 1-1-10(a)(2) of the Municipal Code does not apply.

[Source: Ord. 1264, 2000; 1801, 2020; 1824, 2022]