Chapter 17 OFFENSES
* Editors Note: Ord. No. O-2003-33, § 1, adopted Oct. 21, 2003, repealed the former Ch. 17, §§ 17-1, 17-2, 17-16--17-25, 17-36--17-38, 17-51--17-64, 17-76--17-80, 17-92, 17-106--17--17-109, 17-121--17-125,17-141--17-143, 17-150--17-159, and enacted a new Ch. 17 as set out herein. The former Ch. 17 pertained to similar subject matter. For complete derivation see the Code Comparative Table at the end of this volume.
Art. I. In General, §§ 17-1--17-15
Art. II. Offenses Relating to Administration of Justice and Order, §§ 17-16--17-39
Art. III. Offenses Against the Person, §§ 17-40--17-50
Art. IV. Offenses Relating to Property, §§ 17-51--17-75
Art. V. Offenses Relating to Fraud, §§ 17-76--17-90
Art. VI. Offenses Relating to Parades, §§ 17-91--17-100
Art. VII. Offenses Relating to Public Morals, §§ 17-101--17-115
Art. VIII. Offenses Relating to Weapons, §§ 17-116--17-130
Art. IX. Offenses Relating to Minors, §§ 17-131--17-140
Art. X. Offenses Relating to The Sale and Procurement of Tobacco Products, §§ 17-141--17-159
ARTICLE I. IN GENERAL
Secs. 17-1--17-15. Reserved.
ARTICLE II.
OFFENSES RELATING TO ADMINISTRATION OF JUSTICE AND ORDER
Sec. 17-16. Escape from custody.
It shall be unlawful for any person in lawful custody or in lawful confinement by a peace officer to knowingly escape or to knowingly attempt to escape from custody or confinement.
(Ord. No. O-2003-33, § 1, 10-21-03)
Sec. 17-17. Aiding escape.
It shall be unlawful for any person, knowingly to aid or assist any person to escape or attempt to escape from lawful confinement or custody of any peace officer.
(Ord. No. O-2003-33, §
1, 10-21-03)
State Law References: Aid in escape, C.R.S. § 18-8-201.
Sec. 17-18. Aiding or accessory in commission of offenses or unlawful acts.
It shall be unlawful for any person, in any way or manner, to aid, abet, counsel, advise, render assistance, or encourage any other person in the commission or attempted commission of any offense or unlawful act as designated under the Municipal Code with the intent to promote or facilitate the commission of such offense or unlawful act.
(Ord. No. O-2003-33, §
1, 10-21-03)
State Law References: Aid in offense, C.R.S. § 18-1-603.
Sec. 17-19. Resisting arrest.
It shall be unlawful for a person knowingly to prevent or attempt to prevent a peace officer, acting under color of their official authority, from effecting an arrest of the actor or another, by:
(1) Using or threatening to use physical force or violence against the peace officer or another; or
(2) Using any other means which creates a risk of causing bodily injury to the peace officer or another.
Sec. 17-20. Obstructing a peace officer, firefighter, emergency medical services provider, rescue specialist, code enforcement officer, volunteer, public safety communications technician, or other public official.
(a) It shall be unlawful for any person knowingly to obstruct, impair, or hinder the enforcement of the Municipal Code or the preservation of the public health, safety or welfare by knowingly using or threatening to use violence, force, obstacle, or physical interference against any peace officer, firefighter, emergency medical services provider, rescue specialist, code enforcement officer, volunteer, public safety communications technician or other public official, in the performance of their official duties.
(b) It shall be unlawful for any person to make a telephone call or cause a telephone call to be made to the Durango-La Plata County Communications Center telephone number when such person makes the call with the intent to obstruct or interfere with the operation of the telephone system or to annoy or harass any person operating the communications center telephone system.
Sec. 17-21. Peace officers and public officials--False representation.
It shall be unlawful for any person, knowingly, to falsely represent themselves to be a peace officer or other public official of the city or to attempt to impersonate any such officer or official in order to perform, or to attempt to perform, without authority, any official act therein on behalf of an officer or public official.
(Ord. No. O-2003-33,
§ 1, 10-21-03)
State Law References: False representation, C.R.S. § 18-8-112 et seq.
Sec. 17-22. Refusing to aid a peace officer.
It shall be unlawful for any person eighteen (18) years of age or older, to unreasonably refuse or fail to aid a peace officer in effecting or securing an arrest or to prevent the commission by another of any unlawful act, upon command by a person known by them to be a peace officer.
(Ord. No. O-2003-33, § 1, 10-21-03)
Sec. 17-23. Failure to disperse.
It shall be unlawful for any person to fail or refuse immediately to disperse upon an order to do so by a peace officer, when two (2) or more persons are assembled for the purpose of disturbing the peace or for the purpose of committing any unlawful act.
(Ord. No. O-2003-33, § 1, 10-21-03)
Sec. 17-24. Loitering.
(a) Loitering defined. The word "loiter" means to be dilatory, to stand idly around, to linger, delay, or wander about, or to remain, abide, or tarry in a public place, or upon private property after having been requested to leave any such private property by a person in control of such premises.
(b) It shall be unlawful for any person to loiter for the purpose of begging, or to loiter after being requested to leave any public building, public place, or private property by a person in control of any such premises.
(c) It is unlawful for any person, with the intent to interfere with or disrupt the school program or with intent to interfere with or endanger schoolchildren, to loiter in or about a school building or grounds or within one hundred (100) feet of school grounds, either on foot or in or on any vehicle, when persons under the age of eighteen (18) are present in the building or on the grounds, when that person does not have any reason or relationship involving custody of or responsibility for a pupil, or any other specific, legitimate reason for being there, and has been asked to leave by a school administrator or by a representative thereof or by a peace officer.
Sec. 17-25. Smoking in certain establishments prohibited.
It shall be unlawful for any person to smoke tobacco in any form within any business premises in the city where the owner or operator of such premises has elected to disallow smoking and has posted a sign or signs at the entrance(s) of the establishment indicating that smoking within the establishment is prohibited.
(Ord. No. O-2003-33, § 1, 10-21-03)
Sec. 17-26. Possession or use of marijuana prohibited.
It shall be unlawful for any person to possess, or to openly and publicly display, consume, or use not more than one (1) ounce of marijuana. Marijuana shall be defined as set forth under C.R.S., § 18-18-102 (18) or (19) for the purpose of this section.
(Ord. No. O-2003-33, § 1, 10-21-03)
Sec. 17-27. Possession of drug paraphernalia prohibited.
It shall be unlawful for any person to possess drug paraphernalia if that person knows, or reasonably should know, that the drug paraphernalia could be used under circumstances in violation of the laws of the state or the city. Drug paraphernalia shall be defined as set forth under C.R.S., § 18-18-426 for the purpose of this section.
(Ord. No. O-2003-33, § 1, 10-21-03)
Sec. 17-28. Criminal attempt.
(a) A person commits criminal attempt if, acting with the kind of culpability otherwise required for commission of a violation of this Code, that person engages in conduct constituting a substantial step toward the commission of the violation. A substantial step is any conduct, whether act, omission or possession, which is strongly corroborative of the firmness of the actor's purpose to complete the commission of the violation. Factual or legal impossibility of committing the violation is not a defense if the offense could have been committed had the attendant circumstances been as the actor believed them to be, nor is it a defense that the crime attempted was actually perpetrated by the accused.
(b) A person who engages in conduct intending to aid another to commit a violation commits criminal attempt if the conduct would establish their complicity were the violation committed by the other person, even if the other is not guilty of committing or attempting the violation.
(c) It is an affirmative defense to a charge under this section that the defendant abandoned his effort to commit the crime or otherwise prevented its commission, under circumstances manifesting the complete and voluntary renunciation of his criminal intent.
(d) A violation under this section is a lesser included violation of every violation of this chapter.
(Ord. No. O-2003-33, § 1, 10-21-03)
Sec. 17-29. Accessory to violation.
It shall be unlawful for any person to be an accessory to a violation of any provision of this chapter. A person is an accessory to a violation if, with intent to hinder, delay or prevent the discovery, detection, apprehension, prosecution, conviction or punishment of another for the commission of a violation of any provision of this chapter, that person renders assistance to such other person. For the purposes of this section, the term "render assistance" means to:
(1) Harbor or conceal such person;
(2) Warn such other person of impending discovery or apprehension; except that this does not apply to warning given in an effort to bring such other person into compliance with the law;
(3) Provide such other person with money, transportation, weapon, disguise or other thing to be used in avoiding discovery or apprehension;
(4) By force, intimidation or deception, obstruct anyone in the performance of any act which might aid in the discovery, detection, apprehension, prosecution, conviction or punishment of such other person; or
(5) Conceal, destroy or alter, or assist in concealing, destroying or altering any physical evidence that might aid in the discovery, detection, apprehension, prosecution, conviction or punishment of such other person.
Sec. 17-30. Disruption of a lawful public meeting.
It shall be unlawful for any person to disrupt a lawful public meeting if, with the intent to prevent or disrupt any lawful public meeting, procession or gathering, that person significantly obstructs or interferes with the meeting, procession or gathering by physical action, verbal utterance or any other means.
(Ord. No. O-2003-33, § 1, 10-21-03)
Sec. 17-31. Throwing missiles.
It shall be unlawful to knowingly throw or project any stone, snowball or other missile at:
(1) Any person, unless done with the knowledge and consent of such person during a recognized athletic game and with a ball, puck or other object used in such game for such purpose;
(2) A building or other public or private property of another without the consent of the owner; or
(3) A vehicle or equipment designed for the transportation of persons or property while such vehicle or equipment is being operated, whether moving or not.
Sec. 17-32. False reporting.
It shall be unlawful for any person to commit false reporting to authorities. False reporting shall be defined as follows:
(1) If a person knowingly causes a false alarm of fire or other emergency to be transmitted to or within an official or volunteer fire department, ambulance service, or any other government agency which deals with emergencies involving danger to life or property; or
(2) If a person makes a report or knowingly causes the transmission of a report to law enforcement authorities of a crime or other incident within their official concern when that person knows that it did not occur; or
(3) If a person makes a report or knowingly causes the transmission of a report to law enforcement authorities pretending to furnish information relating to an offense or other incident within their official concern when that person knows that they have no such information or knows that the information is false; or
(4) If a person knowingly provides false identifying information to law enforcement authorities.
(Ord. No. O-2003-33, § 1, 10-21-03)
Secs. 17-33--17-39. Reserved.
ARTICLE III.
OFFENSES AGAINST THE PERSON
Sec. 17-40. Assault, battery, intimidation, menacing or reckless endangerment.
(a) Assault. It shall be unlawful for any person to commit an assault. An assault is hereby defined as an unlawful attempt or offer, coupled with the apparent present ability to make or cause forceful contact with the person of another under circumstances which create a reasonable apprehension of imminent forceful contact.
(b) Battery. It shall be unlawful for any person to commit a battery. It is a violation of this section for a person to intentionally and unlawfully make forceful contact with the person of another by their person or by projecting something under their control, such as throwing a stone.
(c) Intimidation. It is a violation of this section for any person, alone or with others, without legal authority to do so, to communicate, through voice or other means, a threat to another to confine or restrain them, or to damage their person, property or reputation, either at a time coincident with such threat or at a time in the future. Such threat must be reasonably construed to be the same and must reasonably induce fear that the perpetrator can carry out the threat, although the threatened person may act within their legal rights even in light of the fear.
(d) Menacing. It is a violation of this section for any person, by any threat or physical action, to knowingly place or attempt to place another person in fear of imminent serious bodily injury.
(e) Reckless endangerment. It is a violation of this section for any person to recklessly engage in conduct which creates a substantial risk of serious bodily injury to another person.
Sec. 17-41. Disorderly conduct.
A person commits disorderly conduct if that person intentionally, knowingly or recklessly:
(1) Makes a coarse and obviously offensive utterance, gesture or display in a public place or on public property, and the utterance, gesture or display tends to incite an immediate breach of the peace; or
(2) Makes unreasonable noise in a public place, on public property or near a private residence that the person has no right to occupy; or
(3) Fights with another in a public place or on public property except in an amateur or professional contest of athletic skill; or
(4) Not being a peace officer, in the course of their employment displays a deadly weapon, displays any article used or fashioned in a manner to cause a person to reasonably believe that the article is a deadly weapon, or represents verbally or otherwise that they are armed with a deadly weapon in a public place or on public property, in a manner calculated to alarm.
It is an affirmative defense to prosecution under subsection (1), (2) or (3) of this section that the actor had significant provocation for their abusive or threatening conduct.
Sec. 17-42. Disturbing the peace.
(a) It shall be unlawful for any person to intentionally, knowingly or recklessly harass, annoy, alarm or disturb the peace and quiet of another person, neighborhood, family or religious congregation or other assembly, by making an unreasonable noise or obviously offensive conduct.
(b) For purposes of this section, a member of the police department is empowered to make a prima facie determination as to whether such noise or conduct constitutes a disturbance of the peace.
Sec. 17-43. Aggressive begging.
No person shall beg aggressively for a gift of money or any thing of value on any public street, sidewalk, way, mall, park, building or other public property while in close proximity to the individual addressed. Aggressive begging means begging accompanied by or followed immediately by one (1) or more of the following:
(1) Repeated requests after a refusal by the individual addressed;
(2) Blocking the passage of the individual addressed;
(3) Addressing fighting words to the individual addressed; or
(4) Touching the individual addressed.
Secs. 17-44--17-50. Reserved.
ARTICLE IV.
OFFENSES RELATING TO PROPERTY
Sec. 17-51. Maintaining a nuisance.
It shall be unlawful to maintain a nuisance, which is defined as anything which is injurious to the health or morals, indecent or offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property. Such nuisances shall be abated.
(Ord. No. O-2003-33, § 1, 10-21-03)
Sec. 17-52. Deposits of injurious material on thoroughfares.
It shall be unlawful for any person to deposit, place or allow to remain in or upon any public thoroughfare any material or substance injurious to person or property.
(Ord. No. O-2003-33, §
1, 10-21-03)
State Law References: Similar provision, C.R.S. § 18-9-107.
Sec. 17-53. Expectorating.
It shall be unlawful for any person to expectorate or spit upon any sidewalk, upon any private or public building or room used for public assemblies, upon any private or public motor vehicle, or upon any city property.
(Ord. No. O-2003-33, § 1, 10-21-03)
Sec. 17-54. Keeping junk.
It shall be unlawful for any person to store or keep any old articles or materials which may be classified as junk, adjacent to or in close proximity to any schoolhouse, church, public park, public grounds, business buildings or residences without having first provided proper and tight buildings for the storage of the same.
(Ord. No. O-2003-33, § 1, 10-21-03)
Sec. 17-55. Wheels injurious to pavement.
It shall be unlawful any person to operate or allow the operation of a tractor, backhoe, trackhoe, or other similar piece of equipment with wheels or tracks which are injurious to pavement upon the public thoroughfares within the city, unless the operator of such vehicle shall first provide adequate protection of such pavement.
(Ord. No. O-2003-33, § 1, 10-21-03)
Sec. 17-56. Malicious injury to property.
It shall be unlawful for any person to either willfully, maliciously, wantonly, knowingly, negligently or in any other manner injure, deface, mutilate, remove, pull down, break, interfere with, molest, secrete or destroy any real or personal property belonging to or under the control of the city or any other person.
(Ord. No. O-2003-33, § 1, 10-21-03)
Sec. 17-57. Trespassing.
(a) Definitions. As used in this section, unless the context otherwise requires:
(1) "Premises" means any real estate and all improvements erected thereon.
(2) A person "enters unlawfully" or "remains unlawfully" in or upon premises when the person is not licensed, invited, or otherwise privileged to do so. A person who, regardless of their intent, enters or remains in or upon premises that are at the time open to the public, does so with license and privilege unless the person defies a lawful order not to enter or remain, personally communicated to them by the owner of the premises or some other authorized person. A license or privilege to enter or remain in a building that is only partially open to the public is not a license or privilege to enter or remain in that part of the building that is not open to the public.
(b) It shall be unlawful for any person to enter or remain in or upon premises of another which are enclosed in a manner designed to exclude intruders, are fenced, or are posted with "no trespass" signs or if such person knowingly and unlawfully enters or remains in or upon the common areas of a hotel, motel, condominium or apartment building, without permission.
(c) It shall be unlawful for any person to take down any fence, let down any bars, or to open any gate or door into or on any property of another without the consent of the owner, occupant, or person in control thereof.
(d) It shall be unlawful for any person to knowingly enter in or remain upon or lodge in or use or occupy any barn, garage, shed, shop, house, building, other structure, motor vehicle, railroad car or other vehicle without the permission of the owner or person in control thereof.
(e) It shall be unlawful for any person to knowingly lodge in or camp upon any public way, public park, public place, or public building.
(f) It shall be unlawful for any person to knowingly, during the nighttime, enter upon any privately owned premises of another which is not open to the use of the public, unless that person has first obtained the consent of the owner or person in possession or control thereof.
(g) It shall be unlawful for any person to remain on the premises of another after being requested to leave by the owner, agent of the owner, tenant or any person in possession or control of the premises, or by returning to the premises within twenty-four (24) hours from the request to leave or within such other period of time as may be specified in the request, without the permission of the owner, agent of the owner, tenant or any person in possession or control of the premises.
(Ord. No. O-2003-33, §
1, 10-21-03)
State Law References: Trespassing, C.R.S. §§ 18-4-502, 18-4-503.
Sec. 17-58. Water flowing upon streets.
It shall be unlawful for any person to allow any water to flow into or upon any public thoroughfare.
(Ord. No. O-2003-33, § 1, 10-21-03)
Sec. 17-59. Preventing articles from falling from upper stories.
It shall be unlawful for any person to place or keep on any windowsill, porch or other projection above the first story of any building abutting any sidewalk, any article which might do injury by falling upon any person on the sidewalk in front of such building, unless such article be securely fastened or protected by screens.
(Ord. No. O-2003-33, § 1, 10-21-03)
Sec. 17-60. Obstructing public streets, places or buildings.
(a) An individual or entity commits an offense if, without legal privilege, such individual or entity intentionally, knowingly, or recklessly:
(1) Obstructs a highway, street, alley, parking lot, sidewalk, railway, waterway, building entrance, elevator, aisle, stairway or hallway to which the public or a substantial group of the public has access, or any other place used for the passage of persons, vehicles or conveyances, whether the obstruction arises from that person's acts alone or from their acts combined with the acts of others; or
(2) Disobeys a reasonable request or order to move issued by a person the individual or entity knows or has reason to know to be a peace officer, a firefighter or a person with authority to control the use of the premises, to prevent obstruction of a highway or passageway or to maintain public safety by dispersing those gathered in close proximity to a hazardous situation including, but not limited to: a fire, riot, crime scene, traffic accident or other hazard.
(b) For purposes of this section, "obstruct" means to render impassable or to render passage unreasonably inconvenient or hazardous.
(Ord. No. O-2003-33, § 1, 10-21-03)
Sec. 17-61. Damage or injury to public property.
It shall be unlawful for any person other than authorized personnel or employees of the city to cut, break, dig, pull up, deface, destroy or in any manner injure or damage any tree, shrub, bush, vine, flower, grass, plant, pipe or hose or any of the buildings, structures, signs, fences, seats, benches, fountains, maintenance equipment, playground equipment or ornaments of any kind within any of the public parks or other public property of the city.
(Ord. No. O-2003-33, § 1, 10-21-03)
Sec. 17-62. Bicycles, roller skates, etc., on public property.
It shall be unlawful for any person to ride or use a bicycle, roller skate, skateboard or other similar device, whether or not motorized, upon public sidewalks, public parking lots or other public property of the city within the central business district, which, for purposes of this section, is defined by boundaries extending from the south side of 5th Street to include the sidewalk to the south, Camino Del Rio to the west, 15th Street to the north and the alley between East Second Avenue and East Third Avenue to the east. This prohibition shall not include the use of rolling devices by disabled persons upon public sidewalks, within public parking lots or on other publicly owned property.
(Ord. No. O-2003-33, § 1, 10-21-03)
Sec. 17-63. Graffiti prohibited; removal required.
It is the purpose and intent of this section to prevent graffiti and related vandalism and to promote the eradication of graffiti. The city council specifically finds that graffiti and related vandalism adversely affect property (both public and private), and therefore constitute a threat to the public safety, health and welfare.
(1) As used herein, the term "graffiti" or "graffiti and related vandalism" shall mean any unauthorized inscription, symbol, design or configuration of letters, numbers or symbols, or any combination thereof written, drawn, scribed, etched, marked, painted, stained, stuck on or adhered to any surface (public or private), including, but not limited to, trees, signs, poles, fixtures, utility boxes, walls, windows, roofs, paths, walks, streets, underpasses, overpasses, bridges, trestles, buildings, and any other surface or surfaces, regardless of the material of the component.
(2) It shall be unlawful for any person or group of persons to commit or attempt to commit any overt act resulting in the application of graffiti or engaging in or attempting to engage in any act of related vandalism. Such prohibited conduct shall include, but not be limited to, conspiring to commit or assist in the application of graffiti or engaging in or assisting in any act of related vandalism, including, but not limited to, acting as a "look out," regardless of whether the act of applying graffiti or engaging in related vandalism was actually committed or witnessed.
(3) It shall be unlawful for any person to knowingly allow any acts of graffiti or related vandalism to occur on or to any property over which that person has control as owner, tenant or occupant without promptly reporting such acts to the police department. Any mural or work of art approved by the city through a design review or planning process and requiring proper permits prior to its application shall not constitute graffiti for purposes of this section.
(4) Graffiti or graffiti related vandalism which appears on property or structures (public or private) is deemed to be a public nuisance and shall be subject to abatement as herein provided. If it is determined by the city that graffiti exists on property in violation of this section, the city manager or his designated agent shall notify the owner of the subject property, or other responsible party, in writing, through the issuance of a notice of violation providing a maximum of ten (10) days within which the graffiti is to be abated or otherwise removed. Such notice may be served by certified mail, personal service or by posting the subject property and publishing a notice thereof in a newspaper of general circulation within the city. Such notice shall identify the property in violation, shall generally describe the location of the graffiti, and shall direct that such graffiti shall be removed or otherwise abated within ten (10) days of receipt of the notice. It shall be unlawful for any property owner to fail to remove or otherwise abate graffiti or related vandalism within the time frame set forth in the notice as herein described.
In the event that the owner or responsible party fails to remove or otherwise abate the graffiti as required by the notice of violation, the city may proceed to abate the graffiti or cause its removal and bill the owner or responsible party for the cost thereof. In the event of nonpayment, the city attorney shall be and is hereby authorized to take appropriate measures to create a lien against the subject property for purposes of recovering such costs, together with interest, as provided by applicable law.
(5) As a part of any sentence imposed by the municipal court with respect to persons who either admit or are convicted of a violation of this section, the court may, as part of its sentencing, order that restitution be paid to the owner or party responsible for the removal or abatement of the graffiti pursuant to subsection (4) of this section. If the person found to be in violation of this section is a minor under the age of eighteen (18) years living with their parents, a lawful guardian, or a custodian, the court may order restitution to be paid by the minor's parents, lawfully designated guardian, or custodian. With respect to any minor under the age of eighteen (18) years who admits or is convicted of the application of graffiti or any act of related vandalism on property owned by the city, the city attorney shall be and is hereby authorized to seek restitution on behalf of the city against any parent, parents, lawful guardian or custodian with whom the minor resides, pursuant to C.R.S., § 13-21-107, as amended.
Sec. 17-64. Possession of graffiti implements or paraphernalia by minors prohibited.
It shall be unlawful for any person under the age of eighteen (18) years of age to possess any graffiti implement or paraphernalia in a public place.
(1) For purposes of this section, the terms hereinafter set forth shall have the definitions as herein indicated:
a. Graffiti implements or paraphernalia means any substance or material such as, but not limited to, aerosol paint containers, markers, paint sticks, paint bombs, etchers, or gum labels. The term shall also include, but shall not be limited to, tips or nozzles which can be applied to aerosol paint containers; any records of graffiti or related vandalism, including, but not limited to, pictures, photographs, drawings, scrap books, or other records depicting or illustrating any forms of graffiti or related vandalism.
b. Aerosol paint container shall mean any canister, can, bottle, container or other receptacle which contains any substance commonly known as paint, stain, dye, or any other pigmented substance which is or can be modified to contain pressure (or be pressurized) in order to impel or propel any such substance.
c. Etcher shall mean any tool, device, acid etching product or other mechanism including, but not limited to, any tool, device, drill, bit or other mechanism commonly known as "glass etchers," "metal etchers," "cutting instruments" or any other instrument that can be applied by pressure or any other contact with any surface, including, but not limited to, glass, mirrors, windows, steel, aluminum, brass, tin, fiberglass, wood, plastic, concrete or any other surface which can cause any markings or scratches thereon.
d. Gum label shall mean any substance consisting of a material such as, but not limited to, paper, fabric, cloth, plastic, vinyl or any other similar material, where the material also contains one (1) or more surfaces containing a substance such as, but not limited to, adhesive or glue which cannot be removed from the surface in an intact condition with minimal effort. The term shall include decals, stickers, patches, stamps or labels.
e. Markers shall mean any indelible or permanent ink marker or marking pen or any similar implement which contains any pigmented substances including, but not limited to, ink or any other substance which cannot be easily and completely removed with water after said substance has dried, where the width of the marking is one-sixteenth ( 1/16) of one (1) inch or greater.
f. Paint bomb shall mean any latex, rubber, plastic or synthetic enclosure which contains any substance commonly known as paint, stain, ink or any other pigmented substance which is either designed to or is capable of rupture upon impact with any solid surface resulting in the application of the contents of said container to said surface.
g. Paint stick shall mean any device which contains any substance, solid or liquid, including, but not limited to, any form of paint, stain, ink, chalk, wax, epoxy or any other similar substance which can be applied to any surface by such means as applying pressure to or contacting any surface in such a way as to leave any visible mark measuring at least one-sixteenth ( 1/16) of one (1) inch at any point.
(2) Possession of what would otherwise constitute graffiti implements or paraphernalia shall not be a violation of this section in the following circumstances:
a. Possession of graffiti implements or paraphernalia by any minor enrolled in any educational class which requires otherwise legal possession of such implement or paraphernalia, provided the minor is carrying written verification of any such requirements, including color(s), size(s) and quantity, and written consent from their parent or lawfully designated guardian which is dated and signed.
b. Possession of graffiti implements or paraphernalia by any minor whose employment requires possession of such implement or paraphernalia provided such minor is carrying written verification of any such job requirements including color(s), size(s) and quantity, job information and purpose, and written consent from the employer which is dated and signed.
Secs. 17-65--17-75. Reserved.
ARTICLE V.
OFFENSES RELATING TO FRAUD
Sec. 17-76. Obtaining goods, services or money under false pretenses.
It shall be unlawful for any person to knowingly obtain or exercise control over anything of another with a value of less than five hundred dollars ($500.00), or to obtain goods, services or money from another without authorization, or by threat or deception, if the person:
(1) Intends to deprive the other person permanently of the use or benefit of the thing of value; or
(2) Knowingly uses, conceals or abandons the thing of value in such manner as to deprive the other person permanently of the use or benefit; or
(3) 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
(4) Demands any consideration to which that person is not legally entitled as a condition of restoring the thing of value to the other person.
Sec. 17-77. Theft by check.
The following definitions shall apply to this section, unless the context otherwise requires:
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," shall for the purposes of this section only, also include 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 themselves or of a person authorized to draw the check on such person.
Insufficient funds means not having a sufficient balance in an account with a bank or other drawee upon which the check is drawn for the payment of such check or order when presented for payment within thirty (30) days after issue.
Issue. A person issues a check when that person makes, draws, delivers, or passes it or causes 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, and "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 may not be required and the depositor may be allowed to make withdrawal by negotiable order of withdrawal or share draft.
(1) It is unlawful for any person to issue or pass a check as payment for any goods, services, or other thing of value, or in exchange for cash, when that person knew or had reason to know that, at the time of the issuance of the check, there were insufficient funds existing within the account being drawn upon to cover the check. For purposes of this section, the term "insufficient funds" means that a drawer has insufficient funds with the drawee to pay a check when either because the drawer (i) has no checking account with the drawee, or (ii) has funds in a checking account with a drawee in an amount less than the amount of the check plus the amount of all other checks outstanding at the time of issuance. A check dishonored for no account shall also be deemed to be dishonored for insufficient funds.
(2) It is unlawful for any person to issue or pass a check as payment for any goods, services or other thing of value, or in exchange for cash, and to thereafter fail to tender sufficient funds to make the check good within fourteen (14) days of notification from either the drawee upon which the check was drawn or from the person or firm to which the check was originally issued, indicating that the check has been twice refused for insufficiency of funds. It shall constitute a prima facie violation of this subsection that the firm or person to which the check was originally issued:
a. Obtained identification from the drawer at the time of acceptance of the check;
b. Obtained an address of the drawer of the check at the time of the acceptance of the check;
c. Presented the check to the drawee for acceptance or refusal for the first time within thirty (30) days of the date of issuance of the check; and
d. Upon twice presenting the check to the drawee for collection and having twice received the check back for insufficient funds, the person or firm to whom the check was originally issued thereafter sent written notice, notifying the drawer of the refusal of the drawee to accept the check and requiring restitution within fourteen (14) days. Such written notice shall be sent by certified mail, return receipt requested, to the drawer of the check at the address obtained pursuant to subsection (2)b of this section. The return receipt reflecting acceptance of the addressee, or the refusal of the addressee to claim the certified mailing, shall be conclusive proof of compliance with the notice requirements of this section.
(3) It is unlawful for any person to stop payment or cause payment to be stopped on any check issued or passed as payment for any goods, services or other thing of value, or in exchange for cash, when that person does so with the intent to defraud.
(4) It is unlawful for any person to open a checking account, negotiable order of withdrawal account, or share draft account using false identification or an assumed name, for the purpose and with the intent to commit theft by check.
(5) Nothing within this section shall apply where the value of the check exceeds three hundred dollars ($300.00) or where the offender is under accusation of formal criminal charges involving the issuance of two (2) or more checks within any sixty-day period within the state with an aggregate value of three hundred dollars ($300.00) or more.
(6) Nothing within this section shall apply where the alleged offender has been previously convicted under this section or under any existing or former statute of the state involving the issuance of bad checks or theft or fraud by check.
(7) A bank, savings and loan association, industrial bank or credit union shall not be civilly or criminally liable for releasing information relating to the drawer's account to any police authority or officer of the court provided the release of such information is for purposes of investigating or prosecuting a potential or alleged violation of this section.
(8) In imposing a penalty for violation of this section, the municipal court is specifically authorized and empowered to require restitution in full to the person or entity to whom any such check described in this section was issued as a portion of, or in addition to, any penalty deemed appropriate by the court.
Sec. 17-78. Theft of rental property.
(a) It shall be unlawful for any person to obtain the temporary use of personal property of another, which is available only for hire, by means of threat or deception, or knowing that such use is without the consent of the person providing the personal property; or
(b) Having lawfully obtained possession for temporary use of the personal property of another which is available only for hire, to knowingly fail to reveal the whereabouts of or to return said property to the owner thereof or their representative, or to the person from whom they have received it, within seventy-two (72) hours after the time at which that person agreed to return it.
(Ord. No. O-2003-33, § 1, 10-21-03)
Secs. 17-79--17-90. Reserved.
ARTICLE VI.
OFFENSES RELATING TO PARADES
Sec. 17-91. Parades.
The words and phrases used herein, unless the context otherwise indicates, shall have the following meaning:
Parade shall mean and include a parade, procession, motorcade, march, pageant, review, ceremony or exhibition consisting of people, animals, vehicles or any combination thereof, which is conducted in, on, upon or along any portion of any public street, sidewalk or other property owned or controlled by the city with the intent of attracting public attention so as to impede, obstruct, impair or interfere with the free use of such public street, sidewalk or other public property of the city.
Person shall mean any person, firm, partnership, association, corporation, company or organization of any kind.
(Ord. No. O-2003-33, § 1, 10-21-03)
Sec. 17-92. Prohibitions.
The following prohibitions shall apply to all parades:
(1) It shall be unlawful for any person to stage, present or conduct any parade without first having obtained a permit.
(2) It shall be unlawful for any person to participate in a parade for which the person knows a permit has not been issued.
(3) It shall be unlawful for any person in charge of, or responsible for the conduct of, a duly licensed parade to knowingly fail to comply with any condition of the permit.
(4) It shall be unlawful for any person to engage in any parade activity that would constitute a substantial hazard to the public safety or that would materially interfere with or endanger the public peace or rights of citizens to the quiet and peaceful enjoyment of their property.
(5) Parade participants, spectators and the public are prohibited from disembarking from, or attempting to board, a moving vehicle during a parade.
(6) It shall be unlawful for any parade participant to throw any type of item to any parade observer or bystander.
(7) Items for distribution must be handed to observers and bystanders by persons walking alongside the edge of the parade route and who have such items for distribution in their own possession. A person distributing items to observers or bystanders must remain adjacent to the vehicle or float with which he or she is associated and may not intrude upon the activities or presentation space of another vehicle or float within the parade.
(8) It shall be unlawful for any person to knowingly join in or participate in any permitted parade without the consent, and over the objection of the person in charge or responsible for the conduct of the parade, or in any manner interfere with the progress or orderly conduct of any parade.
(9) It shall be unlawful for any person to park or leave any vehicle unattended in violation of signs posted to temporarily restrict parking along a street constituting a part of a parade route.
(10) No alcoholic beverages shall be permitted in conjunction with parades within the city.
Secs. 17-93--17-100. Reserved.
ARTICLE VII.
OFFENSES RELATING TO PUBLIC MORALS
Sec. 17-101. Obscene conduct.
It is unlawful for any person to urinate or defecate in the public view, whether in or on public or private property, except in a room or area designated and equipped for such purposes.
(Ord. No. O-2003-33, § 1, 10-21-03)
Sec. 17-102. Indecent exposure.
(a) It shall be unlawful for any person to appear in a state of nudity or in any indecent or lewd dress or condition in any public place or within such public place to make any indecent exposure of their person or private parts thereof or the private parts of another, or to conduct themselves in a lewd or lascivious manner.
(b) It shall be unlawful for any female person over the age of twelve (12) years to appear in any public place clothed or costumed in such manner that the portion of her breasts consisting of the nipple and the pigmented area adjacent thereto, otherwise defined as the areola, is not fully covered with a completely opaque covering.
(Ord. No. O-2003-33,
§ 1, 10-21-03)
State Law References: Indecent exposure, C.R.S. § 18-7-302.
Sec. 17-103. Public indecency.
A person commits public indecency if that person performs any of the following in a public place or where the conduct may reasonably be expected to be viewed by members of the public:
(1) An act of sexual intercourse; or
(2) An act of deviant sexual intercourse; or
(3) A lewd exposure of the body done with intent to arouse or to satisfy the sexual desire of any person; or
(4) A lewd fondling or caress of the body of another person.
Sec. 17-104. Window peeping.
(a) It shall be unlawful for any person to knowingly look, peer, or peep in to any window, door, skylight, or other opening of any dwelling of another, without that person's consent, in a situation where the person being observed has a reasonable expectation of privacy, if a person does so with the intent of spying on another or invading another's privacy. It is unlawful to go onto the premises of another for such purposes.
(b) It shall be unlawful for any person to knowingly look, peer, or peep into any window, door, skylight, or other opening of any dressing room, locker room, rest room, shower stall, tanning booth, or any area containing bathing facilities in any commercial business, public facility, or private club, with the intent of observing another person in the act of dressing or undressing or in a state of nudity, in a situation where the person being observed has not given consent and has a reasonable expectation of privacy.
(c) For the purposes of this section, a "state of nudity" means the appearance of a bare buttocks, anus, male genitals, female genitals, or female breast.
(d) This section shall not apply to any act committed by peace officers in the lawful discharge of their duties.
(Ord. No. O-2003-33, § 1, 10-21-03)
Secs. 17-105--17-115. Reserved.
ARTICLE VIII.
OFFENSES RELATING TO WEAPONS
Sec. 17-116. Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Firearm means any instrument used in the propulsion of shot, shell or bullets or other harmful objects by the action of gunpowder exploded within it, by the action of compressed air within it, or by the power of springs and includes what are commonly known as bb-guns, pellet guns, gas guns and paint ball guns.
Knife or knives means dagger, dirk, knife or stiletto with a blade over three and one-half (3 1/2) inches in length, or any other dangerous instrument capable of inflicting cutting, stabbing or tearing wounds, but does not include a hunting or fishing knife carried for sports use.
(Ord. No. O-2003-33, § 1, 10-21-03)
Sec. 17-117. Concealed weapons.
It shall be unlawful for any person to carry concealed upon their person any brass knuckles, firearm, revolver, pistol, dagger, stiletto or other deadly weapon, except as may be permitted by applicable state law.
(Ord. No. O-2003-33, § 1, 10-21-03)
Sec. 17-118. Discharge of firearms.
It shall be unlawful for any person to discharge firearms of any kind or description within the limits of the city; provided however, this prohibition shall not apply to police officers in the discharge of their duties.
(Ord. No. O-2003-33, § 1, 10-21-03)
Sec. 17-119. Exceptions; permits.
The city manager may, at any time, upon receipt of proper application, grant permits to shooting galleries, gun clubs and others for shooting in fixed localities and under specified rules. Such permits shall be in writing attested by the clerk conforming to such requirements as the city manager shall demand, and the permit thus issued shall be subject to revocation at any time by action of the city manager.
(Ord. No. O-2003-33, § 1, 10-21-03)
Sec. 17-120. Furnishing weapons and other articles to prisoners.
It shall be unlawful for any person to furnish, attempt to furnish, take into any jail, or to deliver or attempt to deliver to any prisoner confined in such jail, or in the custody of any officer, any weapon, tool, intoxicating liquors, drugs or other article without the consent of the officer in charge.
(Ord. No. O-2003-33, § 1, 10-21-03)
Secs. 17-121--17-130. Reserved.
ARTICLE IX.
OFFENSES RELATING TO MINORS
Sec. 17-131. Curfew.
(a) Generally: It shall be unlawful for any child under the age of sixteen (16) years to be or remain upon any street, alley or to remain or be in any establishment open to the general public after the hour of 10:30 p.m., or prior to the hour of 5:00 a.m.:
(1) Unless such person is within a public establishment incident to lawful employment;
(2) There exists a reasonable necessity therefor;
(3) Such child is accompanied by a parent or guardian;
(4) Such child is accompanied by another person of the age of eighteen (18) years or more who has permission of the parent or guardian to have the custody and care of such child; or
(5) Such child is accompanied by another person between the ages of sixteen (16) years and eighteen (18) years who has within their possession written permission from the parent or guardian to have the care or custody of such child;
provided, however, the curfew hour for children under the age of sixteen (16) shall be extended on Friday and Saturday nights to the hour of 12:00 midnight.
(b) Responsibility of parents, guardians, custodians. It shall be unlawful for any parent, guardian, or other person having care or custody of any child under the age of sixteen (16) years to allow or permit any such child to be or remain upon any street, alley or be in any establishment open to the general public in violation of subsection (a) of this section.
(Ord. No. O-2003-33, § 1, 10-21-03)
Sec. 17-132. Misrepresentation of age for unlawful purpose.
It shall be unlawful for any person to make false statements, or to furnish, present, or exhibit any fictitious or false registration card, identification card, or note or other document, or to furnish, present, or exhibit such document or documents issued to a person other than the one presenting the same for the purpose of gaining admission to pool or billiard rooms or other prohibited places, or for the purpose of procuring the sale, gift, or delivery of prohibited articles, including, but not limited to beer, liquor, wine, cigarettes and tobacco.
(Ord. No. O-2003-33, § 1, 10-21-03)
Sec. 17-133. Procuring forbidden articles for minors.
(a) It shall be unlawful for any underage person to engage or utilize the services of any other person, whether for remuneration or not, to procure for such underage person any article which the underage person, as a result of his or her age, is forbidden by law to purchase.
(b) It shall be unlawful for any person, whether for remuneration or not, to procure for any underage person any article which the underage person is forbidden by law to purchase.
(Ord. No. O-2003-33, § 1, 10-21-03)
Secs. 17-134--17-140. Reserved.
ARTICLE X.
OFFENSES RELATING TO THE SALE AND PROCUREMENT OF TOBACCO PRODUCTS
Sec. 17-141. Intent.
It is the intent of this article to protect the public health, safety and welfare by prohibiting the purchase of tobacco products by minors, the sale or furnishing of tobacco products to minors, and through restricting the manner of sale of such products to minimize access to such products by minors.
(Ord. No. O-2003-33, § 1, 10-21-03)
Sec. 17-142. Definitions.
As used in this article, the words or phrases herein set forth shall have the following meanings:
Adult means any person eighteen (18) years of age or older.
Minor means any person under the age of eighteen (18).
Smoking means the carrying of a lighted pipe, lighted cigar, or lighted cigarette containing tobacco, and includes the lighting of a pipe, cigar or cigarette containing tobacco.
Tobacco products means any substance containing tobacco leaf, including but not limited to cigarettes, cigars, pipe tobacco, snuff, chewing tobacco, or dipping tobacco.
Vending machine means any mechanical, electric or electronic, self-service device which, upon insertion of money, tokens or other forms of payment, dispenses products.
(Ord. No. O-2003-33, § 1, 10-21-03)
Sec. 17-143. Unlawful furnishing of tobacco products to minors.
(a) It shall be unlawful for any person to knowingly furnish a tobacco product to a minor, by gift, sale or any other means; provided, this section shall not apply to the furnishing of a tobacco product to a minor within their own home by the parent or legal guardian of the minor, or to the furnishing of a tobacco product to a Native American minor for traditional ceremonial use and not for consumption.
(b) It shall be an affirmative defense to any prosecution under this section that the person furnishing the tobacco products was presented with and reasonably relied upon a document which identified the minor receiving the tobacco products as being eighteen (18) years of age or older.
(Ord. No. O-2003-33, § 1, 10-21-03)
Sec. 17-144. Unlawful attempt to purchase or procure tobacco products.
It shall be unlawful for any minor to knowingly obtain or attempt to obtain any tobacco products by misrepresentation of age or by any other means.
(Ord. No. O-2003-33, § 1, 10-21-03)
Sec. 17-145. Sale of single cigarettes prohibited.
It shall be unlawful for any person to offer for sale or to sell single cigarettes within the city.
(Ord. No. O-2003-33, § 1, 10-21-03)
Sec. 17-146. Sale of tobacco products from vending machines.
It shall be unlawful for any person to own, locate, keep, install or maintain a vending machine which dispenses tobacco products in any area open to the public other than areas where access by individuals under the age of eighteen (18) years is prohibited by applicable law.
(Ord. No. O-2003-33, § 1, 10-21-03)
Sec. 17-147. Restrictions on the sale of tobacco products.
Every person in charge of or in control of a retail business of any kind shall stock and display all tobacco products in such business in a manner so as to make all such products inaccessible to customers without the assistance of a retail clerk, thereby requiring a direct face-to-face exchange of the tobacco product from an employee of the business to the customer. This section shall not apply to vending machines dispensing tobacco products that are located in public places where access by minors is prohibited by applicable law.
(Ord. No. O-2003-33, § 1, 10-21-03)
Sec. 17-148. Advertising of tobacco products within five hundred feet of school property prohibited.
It shall be unlawful for any person or business owner to advertise the sale of tobacco products or the availability of such products for sale on property which is located within five hundred (500) feet of a school facility. The advertising prohibited by this section shall include any form of exterior or interior signage, other than signage which is part of the display where tobacco products are kept for sale to a customer. For purposes of this section the distance from a school shall be measured from the exterior boundary of the school property to the nearest exterior boundary of the business property by means of direct pedestrian access.
(Ord. No. O-2003-33, § 1, 10-21-03)
Sec. 17-149. Presumption regarding tobacco products.
For purposes of this article, there shall be a rebuttable presumption that the substance within a package or container is a tobacco product if the package or container has affixed to it a label, which identifies the package or container as containing a tobacco product.
(Ord. No. O-2003-33, § 1, 10-21-03)
Sec. 17-150. Penalties.
(a) A violation of section 17-144 by a minor shall be punishable by a fine of not less than thirty-five dollars ($35.00) and not more than one hundred dollars ($100.00) for a first offense. The court may also require performance of community service or participation in a tobacco education program as part of any sentencing and may allow credit toward any fine imposed at the rate of five dollars ($5.00) per hour for each hour of community service performed or for each hour of participation in a tobacco education program approved by the court.
(b) Second and subsequent violations of section 17-144 by a minor shall be punishable by a fine of not less than thirty-five dollars ($35.00) and not more than one hundred dollars ($100.00), without the option of credit against such fine for community service or participation in a tobacco education program. If a tobacco education program is in existence and the curriculum of such program has been reviewed and approved by the court, the court may also require attendance at such tobacco education program as part of any sentence for second and subsequent violations of section section 17-144.
(c) A violation of section 17-143 by an adult shall be punishable by a fine of not less than fifty dollars ($50.00) and not more than one hundred dollars ($100.00) for a first offense. The court may also require performance of community service or participation in a tobacco education program as part of any sentencing and may allow credit toward any fine imposed at the rate of five dollars ($5.00) per hour for each hour of community service performed or for each hour of participation in a tobacco education program approved by the court.
(d) Second and subsequent violations of section 17-143 by an adult shall be punishable by a fine of two hundred fifty dollars ($250.00), without the option of credit against such fine for community service or participation in a tobacco education program.
(e) A violation of sections 17-145 through 17-148 by the owner, manager, or an employee of a business shall be punishable by a fine of not less than two hundred fifty dollars ($250.00) and not more than five hundred dollars ($500.00) for a first offense, with such fine to be assessed against the person found to be in violation of any of such sections. Second and subsequent violations of any of such sections by the owner, manager, or an employee of such business within a period of two (2) years from the previous violation shall result in a fine of five hundred dollars ($500.00) and the issuance of a probationary permit by the office of the city manager, which permit shall conditionally allow the continued sale of tobacco products from the business establishment. If no similar violations occur within a period of two (2) years from the date of issuance of the probationary permit, the probationary status of the permit shall be terminated. Should a similar violation by the owner, manager or an employee of such business occur within the two-year period after the probationary permit has been issued, the permit shall be revoked and all further sales of tobacco products from such business shall be prohibited.
(Ord. No. O-2003-33,
§ 1, 10-21-03)