Durango City Council is likely to approve several ordinances that will empower the city’s ability to enforce laws surrounding fraud, marijuana and business licenses.
Last month, four ordinances were introduced that propose updates to existing laws to bring the city up to best practice standards.
Assistant city attorney Jim Martin told The Durango Herald on Aug. 20 the ordinances are intended to “clean up” language in the city’s municipal code.
One proposed ordinance addresses obtaining goods and services under false pretenses – fraud, in other words. That ordinance increases the dollar amount of fraud the city can prosecute in its municipal court from $500 to $1,000.
Another ordinance clarifies that marijuana possession by someone under the age of 21 is illegal and a violation of city code.
And two ordinances address business licenses. Basically, if a business owes the city taxes, it can’t renew its license until its bills are paid, Martin said.
Addressing the fraud ordinance, Martin said under the current law, Durango police must send all instances of fraud or theft of $500 or more in value to 6th Judicial District Court. They can write a ticket in that case, but that’s where the city’s jurisdiction ends.
Should City Council approve the ordinance this month for instances of fraud totaling up to $1,000, police and municipal court can handle the case, he said.
At the Aug. 20 City Council meeting, Councilor Olivier Bosmans asked how often the city deals with fraud cases up to $1,000. Martin said the city encounters cases every week.
On marijuana possession, Martin said people under 21 years old cannot possess it, period.
“Before, it was not that clear you can't use marijuana violation under the age of 21 or (use it) in public,” he said in an interview with the Herald.
At the City Council meeting, he said the ordinance simply aligns city code with the state law that makes it illegal for people under 21 years of age to possess and/or use cannabis.
On business licenses, Martin said businesses owing back taxes is not a frequent occurrence, but it does happen from time to time.
On a fourth ordinance addressing business license suspensions and revocations, Bosmans said the current language is “vague … open to interpretation or questionable” and asked if it’s been evaluated.
Martin said it has been evaluated, but questions and concerns can be addressed Wednesday at the next City Council meeting.
Councilors approved the first reading of the ordinances and will review them again on Wednesday.
cburney@durangoherald.com
