(A) Definitions. For the purpose of this article, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
LARCENY. To take or exercise control over property of another having a value of less than $2,000 without authorization or by threat or deception; and
(a) With the intention to deprive the owner permanently of the use or benefit of such property;
(b) To knowingly use, conceal or abandon such property in a manner so as to deprive the owner permanently of its use or benefit; or
(c) To knowingly demand any consideration for which one is not legally entitled as a condition of restoring such property to the owner.
RECREATIONAL FACILITY. Any golf course, tennis court or any recreational property, or any related property facility or thing whatsoever.
SKIING FACILITY. Any ski tow, ski lift, gondola or any related property or facility.
SKIING SERVICE. Service and instruction offered or provided by any ski instructor or ski school, and any service offered or provided in connection with any skiing facility.
(B) Larceny unlawful. It is unlawful for any person to commit larceny in the town.
(C) Concealment of goods. If any person knowingly conceals unpurchased goods, wares or merchandise owned or held by and offered or displayed for sale by any store or any 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 offense of larceny.
(D) Deceptive use of ski facilities. It is unlawful for any person within the town, knowingly to obtain or attempt 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.
(E) Using false ticket. It is unlawful for any person within the town knowingly to possess, offer, use, present, sell or give 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 authorized for obtaining the use, benefit or enjoyment of any skiing service or skiing facility or other recreational facility by the owner, proprietor, lessee, licensee or operator of such skiing service or facility or other recreational facility.
(F) False tickets. It is unlawful for any person within the town to knowingly falsify, alter, forge, counterfeit, deface or mutilate any ticket, pass, badge, pin or other device entitling the holder thereof to the use, benefit or enjoyment of any skiing service or skiing facility or other recreational facility, or to make or manufacture 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 or facility or other recreational facility.
(G) Fraud by check.
(1) As used in this subsection (G), unless the context otherwise requires.
CHECK. A written, unconditional order to pay a certain amount of money drawn on a bank, payable on demand and signed by the drawer.
DRAWEE. The bank upon which a check is drawn.
DRAWER. A person, either real or fictitious, whose name appears on a check as a primary obligor, whether the actual signature be that of the person or of a person authorized to draw a check on himself or herself.
INSUFFICIENT FUNDS. A drawer has insufficient funds with the drawee to pay a check when the drawer has no checking account with the drawee, or has funds in a checking account with the drawee in an amount less than the amount of the check, plus the amount of all other checks outstanding at the time of issuance; and a check dishonored for “no account” shall also be deemed to be dishonored for INSUFFICIENT FUNDS.
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.
(2) Any person, knowing he or she has insufficient funds with the drawee who, with intent to defraud, issues a check for the payment of services, wages, salary, commissions, labor, rent, money, property or other thing of value commits fraud by check, which is unlawful.
(3) Notwithstanding any other provision of this subsection (G), no violation of this subsection occurs if:
(a) The check alleged to be fraudulent was for the sum of $200 or more;
(b) The person issues two or more checks within any 30-day period in the State of Colorado totaling $200 or more in the aggregate; or
(c) The person issuing the check has been twice previously convicted under C.R.S. § 18-5-205 (1973, as amended) or any former Colorado statute of similar content and purport; and
(d) The allegedly fraudulent check was drawn on an account which did not exist or which has been closed for a period of 30 days or more prior to the issuance of said check.
(4) It shall be unlawful for any person to open a checking account using false identification or an assumed name for the purpose of issuing a fraudulent check.
(5) If the deferred prosecution or sentencing is ordered, the court, as a condition of such disposition, 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 period in addition to other terms and conditions appropriate for the treatment or rehabilitation of the defendant.
(6) A bank shall not be civilly or criminally liable for releasing information relating to the drawer’s account to a police officer, Town Attorney, Assistant Town Attorney, or authorized investigator for the Town Attorney investigating or prosecuting a charge under this subsection (G).
(H) Control over stolen thing of value. 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. 4(1967) Art. 1 §1, Art. 2 §§1 - 3; Ord. 9(1968) §1; Ord. 21(1977) §6; Ord. 3(1980) §1; Ord. 9(1983) §1; Ord. 27(1983) §1; Ord. 28(1985) §1; Ord. 18(1995) §1; Ord. 12(2004) §1; Ord. 42(2007) §2; Ord. 3(2014) §1)