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Home My WebLink About1000 Amending Title 2 & Title 9 Town Marshal Municipal Code 11-10-2021ORDINANCE NO. 1000 AN ORDINANCE OF THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO, AMENDING TITLE 2 ADMINISTRATION AND PERSONNEL, TITLE 6 ANIMALS, AND TITLE 9 PUBLIC PEACE, MORALS AND WELFARE OF THE FIRESTONE MUNICIPAL CODE REGARDING TOWN MARSHAL AND MARSHALS WHEREAS, the Town of Firestone's law enforcement services are provided by statutorily defined "peace officers," who are certified by the state's Peace Officers Standards and Training Board and directed by the Town's Chief of Police; and WHEREAS, prior to this, law enforcement services were provided by Marshals under the direction of the Town Marshal; and WHEREAS, the Municipal Code of the Town of Firestone contains numerous references to Marshals and Town Marshal that are outdated and must be deleted. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. Section 2.08.010 A., Officers, appointment, term, of the Firestone Municipal Code is amended to provide: A. The Board of Trustees shall appoint a Town Attorney, a Town Treasurer, a Town Clerk, and such other officers as from time -to -time shall be necessary for the proper government and control of the Town, and the appointees shall hold their respective offices until their successors are appointed and qualified unless sooner removed according to laws as hereinafter provided. Section 2. Section 2.20.010, Duties (Town Marshal) of the Firestone Municipal Code is repealed in its entirety. Section 3. Section 2.52.010, Created —Control of officers, of the Firestone Municipal Code is amended to provide: The Town shall have a Police Department consisting of a Chief of Police and such number of sworn and non -sworn personnel as in the judgment of the Board of Trustees are necessary to meet the Town's law enforcement needs. The members of the Police Department shall be subject to the control and orders of the Chief of Police. Section 4. Section 6.16.040 A., Court order to destroy animal, of the Firestone Municipal Code is amended to provide: A. Whenever a determination has been made that any vicious animal is owned or kept as 1 provided in this chapter, the prosecuting attorney may apply to the municipal court for an order to destroy the animal. Such application shall: 1. Identify the animal; 2. Identify the owner and keeper, if known, or the residence of the animal if the owner or keeper is not known; 3. Identify the date and location of occurrence of one or more acts of viciousness; and 4. Request that the owner and keeper be required to show cause why the animal should not be impounded and destroyed. Section 5. Section 6.20.010 A., Authorized when, of the Firestone Municipal Code is amended to provide: A. It is lawful for all police officers to impound any animal which is not wearing an animal tag as provided in this title. Section 6. Section 6.24.060 B., Poisoning animal prohibited, of the Firestone Municipal Code is amended to provide: B. No person shall use, set, place, maintain or tend any leg -hold trap. Section 7. Section 9.20.010 C., Definitions, of the Firestone Municipal Code is amended to provide: C. "Law enforcement officer," as used in this chapter, means a peace officer as defined by state law in uniform or, if out of uniform, one who has identified themselves by exhibiting their credentials as a law enforcement officer. Section 8. Section 9.20.030 A. and B., Resisting arrest, of the Firestone Municipal Code is amended to provide: A. A person commits resisting arrest if they knowingly prevent or attempts to prevent a law enforcement 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 a law enforcement officer or another; or 2. Using any other means which creates a substantial risk of causing physical injury to the law enforcement officer. B. It is no defense to a prosecution under this section that the law enforcement officer was attempting to make an arrest which in fact was unlawful, if the law enforcement officer was acting under color of their official authority, and in attempting to make the arrest they were not resorting to unreasonable or excessive force giving rise to the right of self-defense. A law enforcement officer acts "under color of their official authority" when in the regular course of assigned duties, they are called upon to make, and do make, a judgment in good faith based upon surrounding facts and circumstances that an arrest should be made. 2 Section 9, Section 9.20.040, Obstructing a police officer or fireman, of the Firestone Municipal Code is retitled to Obstructing a law enforcement officer or firefighter, and is amended to provide: A. A person commits obstructing a law enforcement officer or firefighter when, by using or threatening to use violence, force, or physical interference or obstacle, they knowingly obstruct, impair or hinder the enforcement of the penal law or the preservation of the peace by a law enforcement officer, acting under color of their official authority, or knowingly obstruct, impair or hinder the prevention, control or abatement of fire by a firefighter, acting under color of their official authority. B. It is no defense to a prosecution under this section that the law enforcement officer was acting in an illegal manner if they were acting under color of their official authority. C. This section does not apply to obstruction, impairment, or hindrance of the making of an arrest. Section 10. Section 9.20.045, Failure to comply, interference, of the Firestone Municipal Code is amended to provide: A. A person commits failure or refusal to comply with a lawful order, signal, or direction of a law enforcement officer when they willfully fail or refuse to comply with any lawful order, signal or direction of a law enforcement officer made or given in the discharge of their duties. B. A person commits interference or hindrance with a law enforcement officer when they, in any way, interfere with or hinder any law enforcement officer who is discharging or apparently discharging their duties. Section 11. Section 9.20.050, Refusing to aid marshal, deputy marshal or law enforcement officer of the Firestone Municipal Code is retitled Refusal to aid law enforcement officer, and is amended to provide: A person, eighteen years of age or older, commits the offense of refusing to aid a law enforcement officer if, upon command by a person known to them to be a law enforcement officer, he or she unreasonably refuses or fails to aid the law enforcement officer in effecting or securing an arrest, or preventing the commission by another of any offense. Section 12. Section 9.20.070, Impersonating marshal, deputy marshal or law enforcement officer of the Firestone Municipal Code is retitled to Impersonating a law enforcement officer, and is amended to provide: Any person who falsely pretends to be a town law enforcement officer and performs an act in that pretended capacity commits impersonating a law enforcement officer. Section 13. Section 9.20.080, Impersonating a public servant, of the Firestone Municipal Code is amended to provide: A person commits impersonating a public servant if they falsely pretend to be a public servant of the town and perform any act in that pretended capacity. Section 14. Section 9.20.090, Escape, of the Firestone Municipal Code is amended to provide: It shall be unlawful for any person, while being in custody of a law enforcement officer, to knowingly escape or attempt to escape from such custody or confinement. Section 15. Section 9.20.100, Aiding, abetting, or assisting escape, of the Firestone Municipal Code is amended to provide: It shall be unlawful for any person to knowingly aid, abet or assist another person to escape who is in custody of a law enforcement officer. Section 16. If any article, 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 or constitutionality of the remaining portions of this ordinance. The Board of Trustees hereby declare it would have passed this ordinance and each part or parts hereof irrespective of the fact that any one part or parts be declared unconstitutional or invalid. Section 17. Violations of this ordinance shall be punishable in accordance with Section 1.16.010 of the Municipal Code of the Town of Firestone, Colorado. Section 18. All other ordinances or portions thereof inconsistent or conflicting with this ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict. INTRODUCED, READ, ADOPTED, APPROVED, AND ORDERED PUBLISHED IN FULL this 1 Ot�' day of November, 2021. 1!94 �e aG � G��V7"1' , Gd O Clerk TOWN OF FIRESTONE, CCAT ORADO Mayor APPROVED AS TO William Attorney