HomeMy WebLinkAbout1009 Repealing Reenacting Title 9 Municipal Code 5-11-2022ORDINANCE NO. 1009
AN ORDINANCE OF THE BOARD OF TRUSTEES OF THE TOVVN OF FIRESTONE,
COLORADO, REPEALING AND REENACTING IN ITS ENTIRETY TITLE 9, PUBLIC
PEACE, MORALS AND WELFARE OF THE FIRESTONE MUNICIPAL CODE
WHEREAS, the Town of Firestorre's ("Town"), Criminal Offenses set forth in Title 9 of
the Firestone Municipal Code have not been comprehensively reviewed and amended since 1988
and are in need of updates to ensure compliance with current case law and statutes and to address
issue of concern within the conuuunity and
WHEREAS, for general offenses, it is beneficial for enforcement, officer training and
administrative convenience of staff and the municipal court to use the State's Criminal Code, as
set forth in C.R.S. Title 18 as guidance for enforcement of the Town's criminal code.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN
OF FIRESTONE, COLORADO:
Section 1. Title 9, Public Peace, Morals and Welfare, of the Firestone Municipal
Code is repealed in its entirety and reenacted to provide as follows:
CHAPTER 9.04 -GENERAL PROVISIONS
9.04.010 -Definitions.
(a) Except where such is otherwise defined within this chapter the words, terms and phrases
used in this chapter shall have the meanings ascribed to them in the Colorado Criminal Code,
Colorado Revised Statutes ("C.R.S.") § 184401 et seq., as same may be amended from time.
(1) Bodily injury means physical pain, illness, or airy impairment of physical or mental
conon.
(2) Conceal means to place or attempt to place out of view in such manner and
circumstances as to indicate intent to prevent others from seeing or discovering the
presence of the thing concealed.
(3) Criminal negligence means when through a gross deviation from the standard of care
that a reasonable person would exercise, a person fails to perceive a substantial and
unjustifiable risk that a result will occur or that a circumstance exists.
(4) Deadly weapon means any firearm, whether loaded or unloaded, knife, bludgeon, or
other weapon, device, instrument, material or substance, whether animate or
inanimate, which in the manner it is used or intended to be used is capable of
producing death or serious bodily injury.
(5) Emergency medical service provider means a member of a public or private
emergency medical service agency, whether that person is a volunteer or receives
compensation for services rendered as such emergency medical service provider.
(6) Intentionally or with intent. All offenses defined in this title in which the mental
culpability requirement is expressed as "intentionally" or "with intent" are declared
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to be specific intent offenses. A person acts "intentionally" or "with intent" when a
person's conscious objective is to cause the specific result proscribed by the
ordinance defining the offense. It is inuiiaterial to the issue of specific intent whether
or not the result actually occurred.
(7) Knowingly or willfully means all offenses defined in this title in which the mental
culpability requirement is expressed as "knowingly" or "willfiilly" are declared to be
general intent crimes. A person acts "knowingly" or "willfiilly" with respect to
conduct or to a circumstance described by an ordinance defining an offense when the
person is aware that such person's conduct is of such nature or that such
circumstance exits. A person acts "knowingly" or "willfiilly," with respect to a result
of such person's conduct, when the person is aware that the person's conduct is
practically certain to cause the result.
(8) Loiter means to be dilatory, to stand idly around, to linger, delay, or wander about, to
remain, abide, or tarry in public places.
(9) Peace officer, police officer or law enforcement officer means as defined in C.R.S. §
16-2.5401 and/or C.R.S. § 16-2.5405, as same may be amended.
(10) Public place means a place to which the public or a substantial number of the public
has access, and includes, but is not limited to, highways, transportation facilities,
schools, places of amusement, parks, playgrounds, and the conunon areas of public
and private buildings and facilities.
(11) Recklessly means when a person consciously disregards a substantial and
unjustifiable risk that a result will occur or that a circumstance exists.
(12) Serious bodily injury means bodily injury which involves a substantial risk of death,
serious permanent disfigurement, or protracted loss or impairment of the function of
any part or organ of the body.
(13) Vehicle means a machine propelled by power other than human power designed to
travel along the ground by use of wheels, treads, dinners or like, to transport persons
or property or pull machinery and shall include, without limitation, automobile,
airplane, truck, trailer, motorcycle, motor scooter, tractor, buggy and wagon.
CHAPTER 9.08 -OFFENSES -GENERAL
9.08.010 -Intent.
It is the intent and purpose of this title not to define as unlawfiil any conduct which is defined as
a felony under the Colorado Criminal Code, as amended, or any succeeding enactment of state
law, and this title will be so construed, notwithstanding any language contained herein which
might otherwise be construed to the contrary.
9.08.020 -Affirmative defenses.
The affirmative defenses as set forth in the Colorado Criminal Code C.R.S. § 18-1-710 as
amended, shall be available as affirmative defenses to prosecutions in the municipal court.
9.08,030 -Attempts to commit crime.
(a) A person conul�its criminal attempt if, acting with the kind of culpability otherwise required
for commission of an offense, the person engages in conduct constituting a substantial step
toward the commission of the offense. A substantial step is any conduct, whether act, omission,
or possession, which is strongly corroborative of the actor's purpose to complete the commission
of the offense. Factual or legal impossibility of committing the offense 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 an offense comments
criminal attempt if the conduct would establish the person's complicity under this section were
the offense committed by the other person, even if the other is not guilty of committing or
attempting the offense.
(c) It is an affu7native defense to a prosecution under this title that defendant abandoned the
effort to connnit the crime or otherwise prevented its connnission, under circumstances
manifesting the complete and voluntary renunciation of criminal intent. The renunciation shall
not be deemed voluntary where motivated by fear of innninent discovery of or apprehension for
the defendant's criminal conduct.
9.08.040 -Complicity.
(a) A person is legally accountable as principal for the behavior of another constituting a
criminal offense if, with the intent to promote or facilitate the commission of the offense, the
person, aids, abets, or advises the other person in planning or committing the offense.
(b) It is not a defense to a prosecution under this title that the other person whose behavior
constitutes a criminal offense was not or could not be prosecuted for the offense.
(c) It is an affirmative defense to a prosecution under this title that the defendant prevented or
attempted to prevent the commission of the underlying offense, under circumstances manifesting
the complete and voluntary renunciation of such person's criminal intent. The renunciation shall
not be deemed voluntary where motivated by fear of imminent discovery of or apprehension for
the defendant's criminal conduct.
9.08.050 -Charging inchoate offenses.
It shall be sufficient notice of the charging of an inchoate offense where the complaint states the
name and section number of the underlying offense. A defendant shall not be acquitted or a
complaint dismissed solely on the ground that the prosecution's theory of the defendant's guilt
relies upon an inchoate offense which has not been expressly charged.
9.08.060 — Parental/legal guardian responsibilities.
(a) A parent/legal guardian shall attend required appearances for their minor child in rmunicipal
court who is under eighteen years of age and for whore they have custody and control.
(b) Whenever a minor child as defined herein is convicted of a municipal offense or found liable
for a traffic offense, the parent/legal guardian shall be jointly responsible for payment of
such fine, penalty or court costs imposed by the municipal court.
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CHAPTER 9.12 — OFFENSES AGAINST PERSONS
9.12.010 -Assault.
Cl) It shall be unlawfiih to cornmrit assault. A person cVILIUU t3 assault by:
(1) Knowingly or recklessly causing bodily injury to another person or with crinlal
negligence cause bodily injury to another person by means of a deadly weapon; or
(2) With intent to harass, annoy, threaten, or alarm another person whom the actor
knows or reasonably should know to be a peace officer, a firefighter, an emergency
medical care provider, or an emergency medical service provider, causes such person
to come into contact with blood, seminal fluid, urine, feces, saliva, mucus, vomit, or
toxic, caustic, or hazardous material by any means, including throwing, tossing, or
expelling the fluid or material.
(b) Emergency medical care provider means a doctor, intern, nurse, nurse's aide, physician's
assistant, ambulance attendant or operator, air ambulance pilot, paramedic, or any other member
of a hospital or health care facility staff or security force who is involved in providing emergency
medical care at a hospital or health care facility, or in an air ambulance or ambulance as defined
in C.R.S. § 25-3.5403(1) and (1.5).
9.12.020 -Menacing, without deadly weapon.
It shall be unlawful for any person to knowingly place or attempt to place another person in fear
of imminent serious bodily injury by any threat or physical action; provided, however, that if
such is with the use of a deadly weapon, then this section shall not apply.
9.12.030 -Reckless endangerment.
It shall be unlawfiil for any person to recklessly engage in conduct that creates substantial risk of
serious bodily injury to another person.
9.12.040 -Harassment.
(a) It shall be unlawfirl to corlurrit Harassment. A person commits harassment if, with intent to
harass, annoy, or alarm another person, he or she:
(1) Strikes, shoves, kicks, or otherwise touches or subjects a person to physical contact;
(2) In a public place directs obscene language or makes an obscene gesture to or at
another person;
(3) Follows a person in or about a public place;
(4) Directly or indirectly initiates communication with a person, or directs language
towards another person, anonymously or otherwise by telephone, telephone network,
data network, text message, instant message, computer, computer network, computer
system or other interactive electronic medium in a manner intended to threaten
bodily injury or property damage, or makes any conullent, request, suggestion, or
proposal by telephone, or computer, computer network, computer system or other
interactive electronic medium that is obscene,
(5) Makes a telephone call or causes a telephone to ring repeatedly, whether or not a
conversation ensues, with no purpose of legitimate conversation;
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(6) Makes repeated communications at inconvenient hours that invade the privacy of
another and interfere in the use and enjoyment of anther's home or private residence
or other private property; or
(7) Repeatedly insults, taunts, challenges or makes conuilunications in offensively
coarse language to another in a manner likely to provoke a violent or disorderly
response.
(b) Any act prohibited by subsections (4) and (5) of this section may be deemed to have
occurred or to have been committed at the place at which the telephone call, electronic mail, or
other electronic communication was either made or received.
(c) As used in this section, unless the context otherwise requires, the term "obscene" means a
patently offensive description of ultimate sexual acts or solicitation to conuuit ultimate sexual
acts, whether or not said ultimate sexual acts are normal or perverted, actual or simulated,
including masturbation, cunnilingus, fellatio, anilingus or excretory functions.
(d) This section is not intended to infringe upon any right guaranteed to any person by the first
amendment to the United States Constitution or article II, section 10 of the Colorado
Constitution or to prevent constitutionally protected expression of any religious, political or
philosophical views.
9.12.050 -False imprisonment.
It shall be unlawful for any person to knowingly confine or detain another without the other's
consent and without proper legal authority. This section shall not apply to a peace officer acting
in good faith within the scope of his or her duties or where the person uses force or threat of
force to confine or detain a person or where a person confines or detains a person for 12 hours or
longer.
CHAPTER 9.16 —OFFENSES AGAINST PROPERTY
9.16.010 -Theft.
(a) It shall be unlawfitl to conuuit theft. A person conmlits theft when such person knowingly
obtains, retains or exercises control over anything of value of another without authorization or by
threat or deception; or receives, loans money by pawn or pledge on, or disposes of anything of
value or belonging to another that he or she knows or believes to have been stolen, and:
(1) Intends to deprive the other person permanently of the use or benefit of the thing of
value;
(2) Knowingly uses, conceals or abandons the thing of value in such a manner as to
deprive the other person permanently of its use or benefits;
(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;
(4) Demands any consideration to which he or she is not legally entitled as a condition
of restoring the thing of value to the other person; or
(5) Knowingly retains the thing of value more than 72 hours after the agreed -upon time
for return in any lease or hire agreement.
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(b) This section shall not apply when the aggregate value of the items taken in any one criminal
episode exceeds the maximum dollar amount for a class 1 misdemeanor as set forth in C.R.S. §
184401(2)(e) as amended, nor where the item taken is a motor vehicle, trade secret or credit
device. Further, this section shall not apply where the theft is committed by fraudulent use of a
credit device.
9.16.020 -Shoplifting.
(a) It shall be unlawful to conunit the crime of shoplifting. A person conumits the crime of
shoplifting when such person knowingly takes possession of any unpurchased goods, wares, or
merchandise owned or held by and offered or displayed for sale by any store or mercantile
establishment, with the intention of converting such goods, wares or merchandise to his or her
own use, without paying the purchase price thereof.
(b) If any person willftilly 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 is on his or herself or otherwise and whether on or off the premises of said store or
mercantile establishment, such concealment constitutes prima facie evidence that the person
intended to conunit the crime of shoplifting.
(c) If any person triggers an alarm or a theft detection device as defined in C.R.S. § 184417(2),
as amended, or conceals upon his or her person or otheilvise carries away any unpurchased
goods, wares, or merchandise held or owned by any store or mercantile establishment, the
merchant or any employee thereof or any peace officer, acting in good faith and upon probable
cause based upon reasonable grounds therefor, may detain and question such person, in a
reasonable manner for the purpose of ascertaining whether the person has committed theft. Such
questioning of a person by a merchant, merchant's employee, or peace or police officer does not
render the merchant, merchant's employee, or peace officer civilly or criminally liable for
slander, false arrest, false imprisonment, malicious prosecution, or unlawful detention.
(d) This section shall not apply where the value of the unpurchased goods, wares or merchandise
exceeds the maximum dollar amount for a class 1 misdemeanor as set forth in C.R.S. § 184-
401(2)(e), as amended.
9.16.030 -Theft detection devices prohibited.
(a) It shall be u nlawfid for any person to knowingly manufacture, distribute, or sell a theft
detection shielding device or a theft detection deactivating device with the knowledge that some
person intends to use the device in the conunission of an offense involving theft.
(b) It shall be unlativfiil for any person to possess a theft detection shielding device or a theft
detection deactivating device with the intent to use the device possessed, or with the knowledge
that some person intends to use the device possessed, in the conunission of an offense involving
theft.
(c) It shall be unlawfiil for any person to knowingly deactivate or remove a theft detection
device or any connponent thereof in any store or mercantile establislunent without authorization
prior to purchase.
(d) As used in this section:
(1) "Theft detection deactivating device" means any tool, instrument, mechanism, or
other article adapted, designed, engineered, used, or operated to inactivate,
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incapacitate, or remove a theft detection device without authorization. "Theft
detection deactivating device" includes, but is not limited to, juniper wires, wire
cutters, and electronic article surveillance removal devices.
(2) "Theft detection device" means an elechonic or rmagnetic mechanism, machine,
apparatus, tag, or article designed and operated for the purpose of detecting the
unauthorized removal of merchandise from a store or mercantile establislulient.
(3) "Theft detection shielding device" means any tool, instillment, mechanism, or article
adapted, designed, engineered, used, or operated to avoid detection by a theft
detection device during the commission of an offense involving theft. "Theft
detection shielding device" includes, but is not limited to, foil -lined or otherwise
modified clothing, bags, purses, or containers capable of and for the sole purpose of
avoiding detection devices.
9.16.040 -Fraudulent failure to pay admission fee.
It shall be unlawfiil for any person to, fraudulently or without lawfiul authorization, enter any
venue, facility or establishment where an admission fee is charged without payment of the
required fee; provided that nothing herein shall be deemed to prohibit or restrict the admission of
police officers or other public officials engaged in the performance of their official duties.
9.16.050 -Criminal mischief.
(a) It shall be unlawfiil for any person to kriowirigly daruage the real or personal property of one
or more other persons, including property owned by the person jointly with another person, or
property owned by the person in which another person has a possessory or proprietary interest.
(b) This section shall not apply where the aggregate damage to the real or personal property
exceeds the maximum dollar amount for a class 1 misdemeanor, as set forth in C.R.S. § 15-4-
501, as amended.
9.16.060 - Graffiti prohibited.
(a) Definitions. The following words, terms and phrases, when used in this section, shall have
the meanings as ascribed to them in this subsection, except where the context clearly indicates a
different meaning:
Graffiti shall mean any marking, symbol, slogan, logo, wording, phrase, name or other
extraneous painting, drawing, scratching, etching, inscribing or writing by use of paint, spray,
markers, ink, glass cutting or etching tool or cream, or other method applied to public or private
property without the consent of the owner, and which is not commercial or political advertising.
Minor shall mean any person less than 18 years of age.
Prohed graffiti material shall mean any can of spray paint, spray paint nozzle, broad
tipped marker pen, paint pen, glass cutting tool, or glass etching tool or cream which
goods are fiirther defined herein as:
(1) "Broad tipped marker pen" means a felt-tip marker, or similar implement containing
a fluid which is not water soluble with a tip that exceeds one -quarter inch in width.
(2) "Paint pens" means a tube, marker, or other pen -like instillment with a tip of one -
quarter inch in diameter or less that contains paint or a similar fluid and an internal
paint agitator.
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(3) "Spray paint" means any aerosol container that is made or adapted for the purpose of
applying paint or other substance capable of defacing property.
(4) "Spray paint nozzle" means a nozzle designed to deliver a spray of paint of a
particular width or flow from a can of spray paint.
(b) UnlC1W placement upon property. It shall be unlawful for any person to place any graffiti
upon any public or private property.
(c) Possession prohibited.
(1) It shall be unlawful for any minor, except a minor under the direct supervision of the
minor's parent, legal guardian, school teacher, or a law enforcement officer in the
performance of such person's duty, to purchase, procure, or possess, or attempt to
purchase, procure, or possess, any prohibited graffiti material.
(2) It shall be an affirmative defense to charges under this subsection that the minor
possessing the material was:
a. Within his or her home,
b. In the course of his or her employment; or
c. Upon real property with permission from the owner, occupant, or person having
lawful control of such property, which person may also lawfully possess such
materials.
(d) Sale prohibited to minor.
(1) It shall be unlawfiil for any person, other than a parent, legal guardian, school
teacher, or law enforcement officer in the performance of such person's duty, to sell,
exchange, give, deliver, loan, or otherwise ftimish or cause to permit to be sold,
exchanged, given, delivered, loaned or otherwise furnished any prohibited graffiti
material to any minor unless the minor is accompanied by his or her parent or legal
guardian.
(2) It shall be an affirmative defense to prosecution under this section that the merchant
has adopted and enforces a written policy against selling prohibited graffiti materials
to minors, has informed its employees of the applicable laws regarding the sale of
prohibited graffiti materials to minors, requires that employees verify the age of
customers who desire to purchase prohibited graffiti materials and has established
and imposes sanctions upon its employees for noncompliance.
(e) Signs required. It shall be unlawfiil for any person who sells or offers to sell any prohibited
graffiti material to fail to display a warning sign. Such wanling sign shall be displayed in a
prominent place within the premises at all times and shall have a minimum height of 14 inches
and a width of 11 inches, with lettering of at least one-half inch in height and shall read as
follows:
WARNING
IT IS ILLEGAL TO SELL TO ANY PERSON UNDER EIGHTEEN YEARS OF AGE ANY
SPRAY PAINT, SPRAY PAINT NOZZLE, BROAD TIPPED MARKER PEN, PAINT PEN,
GLASS CUTTING TOOL, OR GLASS ETCHING TOOL OR INSTRUMENT UNLESS SUCH
PERSON IS ACCOMPANIED BY THEIR PARENT OR LEGAL GUARDIAN.
(f) Display and storage. It shall be unlawful for any person who owns, conducts, operates, or
manages a business where prohibited graffiti materials are sold or who sells or offers for sale any
prohibited graffiti material to store or display, or cause to be stored or displayed prohibited
graffiti material in an area that is accessible to the public without employee assistance. This
subsection shall not be construed to preclude or prohibit the storage or display of prohibited
graffiti material in an area viewable by the public so long as such items are not accessible to the
public without employee assistance.
(g) Contributing to unlawfiil possession.
(1) It shall be unlawfiul for any person, except a law enforcement officer in the
performance of his/her duty, to knowingly allow a minor to possess prohibited
graffiti materials upon any public or private real property.
(2) It shall be an affirmative defense to charges hinder this subsection that the minor
possessing the material was.
a. Within the minor's home;
b. In the course of his or her employment; or
c. Upon real property with permission from the owner, occupant, or person having
lawful control of such property, which person may also lawfully possess such
materials.
9.16.070 -Tampering.
(a) It shall be unlawful for any person to tamper with the property of another with the intent to
cause injury, inconvenience, or annoyance to that person or to another or for any person to
knowingly make an unauthorized connection with property of a utility.
(b) For the purposes of this section "tamper" means to interfere with something improperly, to
meddle with, or to make unwarranted alterations in its condition.
9.16.080 - Joyriding.
(a) It shall be unlawfiul and constitute joyriding for any person to drive or take any motor vehicle
without the consent of the owner or lawful possessor thereof, with the intent of temporarily
depriving the owner or possessor of the use of the same, or temporarily making use thereof.
(b) If the person who in the course of so driving or taking the motor vehicle does one or more of
the following, joyriding has not occurred:
(1) Retains possession or control of the motor vehicle for more than 24 hours;
(2) Attempts to alter or disguise or alters or disguises the appearance of the motor
vehicle;
(3) Attempts to alter or remove or alters or removes the vehicle identification number;
(4) Uses the motor vehicle in the conunission of a crime other than a traffic offense;
(5) Causes $500.00 or more properly damage ill the exercise or control of the motor
vehicle;
(6) Causes bodily injury to another person while he is in the exercise or control of the
motor vehicle,*
(7) Removes the motor vehicle from this state for a period of time in excess of 12 hours;
or
(8) Unlawfully attaches or otheivvilise displays in or upon the motor vehicle license plates
other than those officially issued for the motor vehicle.
9.16.090 - Motor vehicle theft.
It shall be unlawful to commit motor vehicle theft. A person conuuits motor vehicle theft if such
person knowingly obtains or exercises control over a motor vehicle of another without
authorization or by threat or deception and if the value of the motor vehicle does not exceed the
maxi
mum mum dollar amount for a class 1 misdemeanor as set forth in C.R.S. 15-4409(4)(c) as same
may be amended from time to time.
9.16.100 -Trespass.
It shall be unlawful for any person without legal authority to enter or remain in or upon any
premises.
CHAPTER 9.20 —OFFENSES AGAINST THE PUBLIC PEACE AND SAFETY AND
DISRUPTION OF COMMUNICATIONS
9.20.010 -Disorderly conduct.
(a) It shall be unlawful for any person to commit disorderly conduct. A person conuuits
disorderly conduct when a person intentionally, knowingly, or recklessly.
(1) Makes a coarse and obviously offensive utterance, gesture, or display in a public
place and the utterance, gesture, or display tends to incite an inuuediate breach of the
peace;
(2) Makes unreasonable noise in a public place or near a private residence that the
person has no right to occupy;
(3) Fights with another in a public- place except in an amateur or professional contest of
athletic skill;
(4) Not being a peace officer, displays a real or simulated firearm, displays any article
used or fashioned in a manner to cause a person to reasonably believe that the article
is a firearm, or represents verbally or otheiivise that they are armed with a firearm in
a public place in a manner calculated to alarm and does alarm another person; or
(5) Not being a peace officer, discharges a firearm in a public place, except when
engaged in lawful target practice or hunting or the ritual discharge of blank
ammunition cartridges as an attendee at a funeral for a deceased person who was a
veteran of the armed forces of the United States.
(b) It is an affirmative defense defense to prosecution under subsection (a) (1) of this section that the
person lead significant provocation for their abusive or threatening conduct.
9.20.020 - Obstructing highway or other passageway.
(a) It shall be unlawful to obstruct a highway or other passageway. A person conuuits the crime
of obstruction of a highway or other passageway, when any person.
(1) If without legal privilege, to intentionally, knowingly, or recklessly: Obstruct a
highway, street, roadway, sidewalk, railway, transit way, wateitivay, building
entrance, elevator, escalator, aisle, stairway, or hallway to which the public or a
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substantial group of the public has access or any other place used for the passage or
conveyance of persons or vehicles, whether the obstruction arises from defendant's
acts alone or from their acts and the acts of others; or
(2) Disobeys a reasonable request or order to move issued by Cl person the individual
knows to be a peace officer, firefighter or person with authority to control the use of
the premises to prevent obstruction of a highway or passageway.
(b) For purposes of this section, "obstruct" or "obstruction" means to render impassable, or to
render passage unreasonably inconvenient or hazardous.
9.20.030 - Loitering.
(a) Prohibited acts.
(1) It shall be unlawfiul for any person to loiter with the intent to violate any provision of
this title, or the Colorado Criminal Code.
(2) It shall be unlawfiul for any person to loiter with intent to interfere with or disrupt a
school program or with intent to interfere with or endanger school children in a
school building or on school grounds or within 100 feet of school grounds when
persons under the age of IS years are present in the building or on the grounds,
where such person does not have any reason or relationship involving custody for, or
responsibility for any student or any other specific, legitimate reason for being
present at such location, and has been asked to leave by a school administrator or
their representative or by a peace officer.
(b) Reasonable grounds; duty of peace officer.
(1) Among the circumstances which may considered in detenurining whether
reasonable grounds for belief have arisen that such person is loitering is the fact that
such person.
a. Takes flight upon appearance of a peace officer;
b. Refuses to identify him or herself,
c. Manifestly endeavors to conceal him or herself or any object;
d. Not being duly authorized security personnel or a peace officer, systematically
checks the means to access to buildings or vehicles in the immediate area; or
e. Maintains a continuous presence in close proximity to a place where a reasonable
peace officer would conclude that such person's activity manifests a high probability
of activity or intention to engage in activity in violation of this title, or any criminal
provision of the Colorado Criminal Code.
(2) Unless flight by the person or other circumstances make it impractical, a peace
officer shall, prior to any arrest for arr offense under this section, afford the person an
opportunity to dispel any alarm otherwise warranted, or explain any circumstances
giving rise to reasonable grounds for belief that such person is loitering by requesting
such person to:
a. Identify him or herself; and
b. Explain their presence and conduct.
(c) Standard for conviction. No person shall be convicted of an offense under subsection (a) of
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this section if the peace officer did not comply with subsections (b)(1) and (2) of this section, or
if at trial, that the explanation of presence and conduct given by the defendant was determined
truthful by the trier of fact, and, under the circumstances, would have dispelled the
reasonableness of the peace officer's belief that the defendant was engaging in uunlawfiA activity
or would have disclosed a lawful purpose.
9.20.040 - Curfew.
(a) It shall be unlawful for any minor (person under the age of 18 years) to loiter or remain upon
any public street, alley or other public place after the time of 10*00 p.m. or prior to the time of
5:00 a.m.; provided, however, that on Friday and Saturday the prohibited hours shall be from
11*00 p.m. to 5*00 a.m.
(b) It shall be unlawful for any parent, legal guardian or other person 21 years of age or older
having care and custody of such minor to allow such minor to loiter or remain upon any public
street, alley or other public place after the time of 10:00 p.m. or prior to the time of 5:00 a.m.;
provided, however, that on Friday and Saturday the prohibited hours shall be from 11:00 p.m. to
5:00 a.m.
(c) It shall be an affirmative defense to the offenses described in subsections (a) and (b) of this
section that the minor is.
(1) Accompanied by a parent or legal guardian;
(2) Is traveling to or from a place of employment or engaged in lawful employment
without a detour or otherwise stopping,
(3) Is attending or traveling to or from a supervised activity sponsored by a school, civic,
religious or other recognized public organization;
(4) Involved hi the exercise of First Amendment rights protected by the United States
and/or state constitutions;
(5) Engaged in interstate travel;
(6) On the sidewalk abutting the minor's parents' or legal guardian's residence;
(7) Involved in an emergency situation. For the purposes of this section, the term
"emergency" shall mean those situations where life or property is in imminent danger
and the prompt summoning of aid or escape is essential; or
(8) Married or had the disabilities of being a minor lawfidly removed.
9.20.050 -Hindering transportation.
It shall be u nlawfiil for any person to hinder transportation. A person commits the offense of
Hindering transportation when such person knowingly and without lawfiil authority forcibly stops
and hinders the operation of any vehicle used in providing transportation services of any kind to
the public or to any person or entity.
9.20.060 - Throwing dangerous missiles.
It shall be unlawfiil for any person to willfully, maliciously, or recklessly throw, shoot or project
any stone, arrow, pellet, dart, ball bearing, or other object at or against any person, animal,
building, stricture, personal property or fixture or vehicle of another, except that the provisions
of this section shall not apply to persons throwing, projecting, or shooting any other object at any
animal in order to protect his or her person or property or the person or property of another from
12
physical injury, or for recreational purposes in such a manner that no unreasonable risk of harm
is presented to any person, or to the real or personal property of any person.
9.20.070 - Obstruction of telephone service.
It shall be unlawful for any person to obstruct telephone service. A person commits obstruction
A telephone service if the person knowingly prevents, obstructs, or delays, by any means
whatsoever, the sending, transmission, conveyance, or delivery in this state of any message,
connnmulication, or report by or through any telephone line, wire, cable, or other facility or any
cordless, wireless, electronic, mechanical, or other device.
9.20.080 -Computer crimes.
(a) As used in this section, unless the context otheiivise requires:
(1) Authorization means the express consent of a person which may include an
employee's job description to use said person's computer, computer network,
computer program, computer software, computer system, property, or services as
those terms are defined in this section.
(2) Computer means an electronic, magnetic, optical, electromagnetic, or other data
processing device which performs logical, aritlmnetic, memory, or storage ftinctions
by the manipulations of electronic, magnetic, radio wave, or light wave impulses,
and includes all input, output, processing, storage, software, or conlnnunication
facilities which are connected or related to or operating in conjunction with such a
device.
(3) Computer netGvork means the interconnection of connnnulication lines (including
microwave or other means of electronic communication) with a computer through
remote terminals, or a complex consisting of two or more interconnected computers.
(4) Computer program means a series of instructions or statements, in a form acceptable
to a coniputer, which permits the fiuictioning of a computer system in a nnanler
designed to provide appropriate products from such computer system.
(5) Computer software means computer programs, procedures, and associated
documentation concerned with the operation of a computer system.
(6) Computer system means a set of related, connected or unconnected, computer
equipment, devices, and software.
(6.3) Damage includes, but is not limited to, any impairment to the integrity of availability
of information, data, crnmputer program, computer software, or services on or via a
computer, computer network, or computer system or part thereof*
(6.7) Exceed authorized access means to access a computer with authorization and to use
such access to obtain or alter information, data, computer program, or computer
software that the person is not entitled to so obtain or alter.
(7) Financial instrument means any check, draft, money order, certificate of deposit,
letter of credit, bill of exchange, credit card, debit card, or marketable security.
(8) Property includes, but is not limited to, financial instruments, information, including
electronically produced data, and computer software and programs in either machine
or human readable form, and any other tangible or intangible item of value.
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(9) Services includes, but is not limited to, computer time, data processing, and storage
functions.
(10) To use means to instruct, communicate with, store data in, retrieve data frVill* or
otherwise make use of any resources of a computer, computer system, or computer
network.
(b) It shall be unlawful for any person to couunit computer crime. A person commits computer
crime if the person knowingly.
(1) Accesses a computer, computer network, or computer systenn or any part thereof
without authorization; exceeds authorized access to a computer, computer network,
or computer system or any part thereof; or uses a computer, computer network, or
computer system or any part thereof without authorization or in excess of authorized
access;
(2) Accesses any computer, computer network, or computer system, or any part thereof
for the purpose of devising or executing any scheme or artifice to defraud;
(3) Accesses any computer, computer network, or computer system, or any part thereof
to obtain, by means of false or fraudulent pretenses, representations, or promises,
money; property; services, passwords or similar information through which a
computer, computer network, or computer system or any part thereof may be
accessed; or other thing of value;
(4) Accesses any computer, computer network, or computer system, or any part thereof
to commit theft;
(5) Without authorization or in excess of authorized access alters, damages, interrupts,
or causes the interruption or impairment of the proper fiunctioning of, or causes any
damage to, any computer, computer network, computer system, computer software,
program, application, documentation, or data contained in such computer, computer
network, or computer system or any part thereof;
(6) Causes the transmission of a computer program, software, information, code, data, or
conunand by means of a computer, computer network, or consputer system or any
part thereof with the intent to cause damage to or to cause the interruption or
impairment of the proper fiinctioning of or that actually causes damage to or the
interruption or impairment of the proper functioning of any computer, computer
network, computer system, or part thereof; or
(7) Uses or causes to be used a software application that gins automated tasks over the
Internet to access a computer, computer network, or computer system, or any part
thereof, that circumvents or disables any electronic queues, waiting periods, or other
technological measure intended by the seller to limit the number of event tickets that
may be purchased by any single person in an on-line event ticket sale as defined in
C.R.S. § 6-1-720 as amended.
(c) his section shall not apply where the loss, damage, value of services, or thing of value taken
or cost of restoration or repair in any one crinninal episode exceeds the maximum dollar amount
for a class one misdemeanor as set forth in C.R.S. § 184401(2)(e), as amended.
(1) If computer crime is conulnitted to obtain event tickets, each ticket purchased shall
constitute a separate offense.
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(2) Paragraph (7) of subsection (b) of this section shall not prohibit the resale of tickets
in a secondary market by a person other than the event sponsor or promoter.
CIIAPTER 9.24 — OFFENSES RELATED TO GOVERNMENTAL OPERATIONS
9.24,010 -Resisting arrest.
(a) It shall be unlawful for any person to knowingly prevent or attempt to prevent any police
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 police officer or
another;
(2) Using any other means which creates a substantial risk of causing bodily injury to
the police officer or another.
(b) It is no defense to a prosecution under this section that the police officer was attempting to
make an arrest which in fact was unlawful, if the officer was acting under color of their official
authority and was not resorting to unreasonable or excessive force giving rise to the right of self-
defense. A police officer acts under color of their official authority when, in the regular course of
assigned duties, he or she is called upon to make, and does make, a judgment in good faith based
upon surrounding facts and circumstances that an arrest should be made by him or her.
9.24.020 - Escape.
It shall be unlawful for any person to escape or attempt to escape from the custody of a police
officer or from the custody of any person lawfully aiding such police officer; provided, however,
that the provisions of this section shall not apply whenever the escapee is being held for
conviction of, or being charged with, or detained for the conunission of any felony.
9.24.030 - Obstruction of peace officer, firefighter, emergency medical services provider,
rescue specialist, code enforcement officer, or volunteer.
(a) It shall be unlawful for any person to obstruct a peace officer, firefighter, emergency medical
services provider, rescue specialist, parking official, code enforcement officer, or volunteer
Mien, by using or threatening to use violence, force, physical interference, or an obstacle, such
person knowingly obstructs, impairs or hinders the enforcement of any penal law or the
preservation of the peace by a peace officer, acting under color of his or her official authority;
knowingly obstructs, impairs, or hinders the prevention, control, or abatement of fire by a
firefighter, acting under color of his or her official authority; knowingly obstructs, impairs, or
hinders the administration of medical treatment or emergency assistance by an emergency
medical service provider or rescue specialist, acting under color of their official authority; or
knowingly obstructs, impairs, or hinders the administration of emergency care or emergency
assistance by a volunteer, acting in good faith to render such care or assistance without
compensation at the place of an emergency or accident.
(b) To assure that animals used in law enforcement or fire prevention activities are protected
from harm, a person conunits obstructing a peace officer or firefighter when, by using or
threatening to use violence, force, physical interference, or an obstacle, such person knowingly
obstructs, impairs or hinders any such animal.
(c) A person shall not be charged with the offense described in subsection (a) of this section
15
because the person remained silent or because the person stated a verbal opposition to an order
by a government official.
(d) It is not a defense to a prosecution under this section that the peace officer was acting in an
illegal manner, if the peace officer was acting under color of their official authority. A peace
officer acts "under color of thew official authority" if, in the regular course of assigned duties, he
or she makes a judgment in good faith based on surrounding facts and circumstances that he or
slue must act to enforce the law or preserve the peace.
(e) For purposes of this section, unless the context otherwise requires:
(1) "Emergency medical service provider " means a member of a public or private
emergency medical service agency, whether that person is a volunteer or receives
compensation for services rendered as an emergency medical service provider.
9.24.040 - CrueltS� to certified police �{corking dog.
(a) It shall be unlawfiil for any person to knowingly, recklessly, or with criminal negligence,
torment unnecessarily or to cruelly beat, mutilate, injure, harm or disable a certified police
working dog.
(b) The court shall order any person convicted of cruelty to a certified police working dog to
make restitution to the agency or person owning the certified police working dog for all
expenses, including any immediate and ongoing veterinary expenses related to the incident and
replacement costs for the certified police working dog, if it is permanently disabled or killed as a
result of the incident.
(c) For the purposes of this section, "certified police working dog" means a dog that has current
certification from a state or national agency or association that certifies police working dogs, and
that is part of a working law enforcement team.
(d) Any person with a prior conviction of this section must be prosecuted pursuant to C.R.S. §
18-9-202 as same may be amended from time to time.
9.24.050 - False reporting to authorities.
(a) It shall be unlawfiul for any person to knowingly:
(1) Cause by any means, including but not limited to activation, a false alarnn of fire or
other emergency or a false emergency exit alarm to sound or to be transmitted to or
within a fire department, ambulance service, law enforcement agency, or any other
government agency responsible for emergencies involving danger to life or property;
(2) Prevent by any means, including but not limited to deactivation, a legitimate fire
alarin, emergency exit alarm, or other emergency alarm from sounding or from being
transmitted to or within a fire department, ambulance service, law enforcement
agency, or any other government agency responsible for emergencies involving
danger to life or property;
(3) Make a report or knowingly cause the transmission of a report to law enforcement
authorities of a crime or other incident within their official concern when he or she
knows that it did not occur
(4) Make a report or knowingly cause the transmission of a report to law enforcement
authorities to firnish information relating to an offense or other incident within their
official concern when he or she knows that he or she has no such information or
16
knows that the information is false; or
(5) Knowingly provide false identifying information to law enforcement authorities.
(b) For purposes of this section, "identifying information" means a person's name, address, birth
date, social security number or driver's license or Colorado identification number.
9.24.060 - Impersonation of police officer.
(a) It shall be unlawfid, except upon the authorization of the town manager or the manager's
designee for any person other than a police officer of the town to wear the uniform or any
insignia of a police officer of the town or any other insignia or any colorable imitation of such
adopted and worn by police officers of the town.
(b) It shall be unlawful for any person other than a police officer of the town, to, in any manner,
represent him or herself to another as a police officer of the town.
9.24.070 - Counterfeit insignias.
It shall be unlawful for any person to counterfeit, imitate, or cause to be counterfeited, or
imitated, any insignia of office used by the police.
9.24.080 - Impersonation of town official, employees.
It shall be unlawful for any person not a town official or town employee to falsely represent him
or herself to be a town official or an employee of the town or to perform any act in the false
capacity as a town official or employee.
9.24.090 - Unlawful interference —Public buildings.
(a) It shall be unlawful for any person to so conduct him or herself at or in any public building
owned, operated or controlled by the town, the state or any of its political subdivisions, as to
willfiilly deny to any public official, public employee or any invitee on such premises, the lawfiil
rights of such official, employee or invitee to enter, use the facilities of or leave any such public
building.
(b) It shall be unlawfiil for any person at or in any such public building to willfully impede any
public official or employee in the lawfiil performance of duties or activities through the use of
restraint, coercion or intimidation or by force and violence or threat thereof.
(c) It shall be unlawfiil for any person to willfiilly refiise or fail to leave any such public building
upon being requested to do so by an administrative officer or such officer's designee charged
with maintaining order in such public building, if such person has conumitted, is committing,
threatens to commit or incites others to commit any act which did, or would if completed,
disrupt, impair, interfere with or obstruct the lawfiil missions, processes, procedures or fiinctions
being carried on in such public building.
(d) It shall be unlawfiil for any person at any meeting or session conducted by any judicial,
legislative or administrative body or official at or in any public building to willfiully impede,
disrupt or hinder the normal proceedings of such meeting or session by any act of intrusion into
the chamber or other such areas designated for the use of the body of official conducting such
meeting or session, or by any act designed to intimidate, coerce or hinder any member of such
body or official engaged in the performance of the duties of such meeting or session.
(e) It shall be unlawfiil for any person, by any act of intrusion into the chamber or other areas
designated for the use of any executive body or official act or in any public building, to willfully
17
impede, disrupt or hinder the normal proceedings of such body or official.
9.24.100 - Interference with staff, faculty, or students of educational institutions.
(a) It shall be unlawfiil for any person on or near the premises, or facilities of any educational
instituution, to willfiilly deny to students, school officials, employees, and invitees:
(1) LC1VV freedom of movement on the premises;
(2) Lawful use of the property or facilities of the institution;
(3) The right of lawful ingress and egress to the institution's physical facilities.
(b) It shall be unla�vfiil for any person on the premises of any educational institution, or at or in
any building or other facility being used by any educational institution, to willfully impede the
staff or faculty of such institution in the lawful performance of their duties or willfully impede a
student of the institution in the lawfiil pursuit of his educational activities through the use of
restraint, abduction, coercion, or intimidation or when force and violence are present or
threatened.
(c) It shall be unlawfiil for any person to �villfiully refuse or fail to leave tare property of or any
building, or other facility, used by any educational institution, upon being requested to do so by
the chief administrative officer, his designee charged with maintaining order on the school
premises and in its facilities, or a dean of such educational institution, if such person is
committing, threatens to conunit, or incites others to commit any act which would disrupt,
impair, interfere with, or obstruct the lawful missions, processes, procedures, or fanctions of the
institution.
(d) It shall be an affirmative defense that the defendant was exercising their right to lawful
assembly and peaceful and orderly petition for the redress of grievances, including any labor
dispute between an educational institution and its employees, any contractor or subcontractor, or
airy employee thereof
(e) It shall be unlawful for any person to knowingly make or convey to another person a credible
threat to cause death or to cause bodily injury with a deadly weapon against:
(1) A person the actor knows or believes to be a student, school official, or employee of
CALL educational institrtion; or
(2) An invitee who is on the premises of an educational institution.
(3) For purposes of this subsection, "credible threat" means a threat or physical action
that would cause a reasonable person to be in fear of bodily iiijuiy with a deadly
weapon or death.
9.24.110 - Obstructing government operations.
(a) It shall be Lill laIry for any person to intentionally obstruct, impair, or hinder the
performance of a governmental fiunction by a public servant, by using or threatening to use
violence, force, or physical interference or obstacle.
(1) It shall be an affirmative defense that:
a. The obstruction, impairment, or hindrance was of unlawfill action by a public
servant;
b. The obstruction, impairment, or hindrance was of the making of an arrest; or
18
c. The obstruction, impairment, or hindrance of a governmental function was by lawfiil
activities in connection with a labor dispute with the government.
9.24.120 - Failure to pay sex offender fees.
It shall be unlawfiil for any person required to register with the police department as a sex
offender to fail to pay the required registration and re -registration fees.
9.24.125- Abuse of public records.
(a) It shall be unlawfiil for any person to knowingly make a false entry in or falsely alter any
public record; or
(1) Knowing the person lacks the authority to do so, such person knowingly destroys,
mutilates, conceals, removes or impairs the availability of any public record; or
(2) Knowing the person lacks the authority to retain the record, the person refuses to
deliver up a public record in the person's possession upon proper request of any person
lawfully entitled to receive such record; or
(3) Knowing the person has not been authorized by the custodian of the public record to
do so knowingly alters any public record.
(b) As used in this section the term "public record" includes all official books, papers, or records
created, received, or used by or in any town office or department.
CHAPTER 9.28 —OFFENSES AGAINST PUBLIC DECENCY
IQ In
-Public indecency.
(a) It shall be unlawful for any person knowingly to perform any of the following in a public
place or place within public view:
(1) An act of sexual intercourse; or
(2) A lewd exposure of a person's intimate parts, which means the external genitalia, or
the perineum, or the anus, or the buttocks, or the pubis, or a person's breast done with
the intent to arouse or to satisfy the sexual desire of any person;
(3) A lewd fondling or caress of the body of another person;
(4) A knowing exposure of the person's genitals to the view of a person under
circumstances in which such conduct is likely to cause affront or alarm to the other
person, or
(5) Urination or defecation in any public or private place other than in or upon a toilet
facility provided for such purpose.
9.28.020 -Prostitution prohibited.
It shall be unlawfiil for any person to engage in prostitrtion0 A person engages in prostitution
when the person performs, offers, or agrees to perform any act of sexual intercourse, fellatio,
cunnilingus, masturbation or anal intercourse with any person other than such person's spouse in
exchange for money or other thing of value.
9.28.030 - Soliciting for prostitution.
(a) It shall be unlawful for any person to solicit for prostitution. A person solicits for prostitution
19
if the person:
(1) Solicits another for the purpose of prostitution;
(2) Arranges or offers to arrange a meeting of persons for the purpose of prostitution; or
(3) Directs another to a place knowing such direction is for the purpose of prostitution.
9.28.040 -Pandering.
It shall be unlawful for any person to pander. A person panders when, for money or other thing
of value, the person knowingly arranges a situation in which a person may practice prostitution.
9.28.050 - Keeping a place of prostitution.
(a) It shall be unlawful for any person to keep a place of prostitution. Any person who has or
exercises control over the use of any premises which offers seclusion or shelter for the practice
of prostitution, keeps a place for prostitution if the person:
(1) Knowingly grants or per7inits the use of such place for the puupose of prostihrtion; or
(2) Permits the continued use of such place for the purpose of prostitution after
becoming aware of facts or circumstances from which the person should reasonably
know that the place is being used for purposes of prostitution.
9.28.060 - Patronizing a prostitute.
(a) It shall be unlawfiil for any person to patronize a prostitute. Any person who performs any of
the following patronizes a prostitute:
(1) Engages in an act of sexual intercourse, fellatio, cuurnnilinguus, masturbation or anal
intercourse with a prostitute; or
(2) Enters or remains in a place of prostitution with the intent to engage in an act of
sexual intercourse, fellatio, cunnilingus, masturbation or anal intercourse with a
prostitute.
9.28.070 -Invasion of privacy.
It is uunlawfiil for any person to look into the windows, doors, skylights, or oilier openings of any
person's domicile or to defeat or attempt to defeat the privacy preserving purpose of any device
or structure, without the permission of the person being observed, the owner or possessor of the
domicile, or their agents:
(1) By concealing oneself in such manner to prevent detection by the person being
observed;
(2) From within the real property surrounding the domicile; or
(3) From without the real property surrounding the domicile with the use of magnifying
devices such as binoculars, monoculars, telescopes, spy glasses, or other vision
enhancing devices.
CHAPTER 9.32 -OFFENSES INVOLVING DRUGS, ALCOHOL
9.32.010 -Possession of marijuana.
(a) For the purposes of this chapter, the following words and pleases shall mean as set forth
20
unless the context specitically specifies otherwisee
(1) Marijuana means all parts of the plant of the genus cannabis whether growing or not,
the seeds thereof, the resin extracted from any part of the plant, and every compound,
manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or its
resin, including marijuana concentrate.
Marijuana does not include industrial hemp, nor does it include fiber produced from the
stalks, oil, or cake made from the seeds of the plant, sterilized seed of the plant, which is
incapable of germination, or the weight of any other ingredient combined with marijuana
to prepare topical or oral administrations, food, drink, or other product.
(2) Marijuana products means concentrated marijuana products and marijuana products
that are comprised of marijuana and other ingredients and are intended for use or
consumption, such as but not limited to edible products, ointments and tinctures.
(3) Openly means occurring or existing in a manner that is unconcealed, undisguised or
obvious.
(4) Publicly means occurring or existing in a public place, or occurring or existing in any
outdoor location where the use or consumption of marijuana is clearly observable by
the naked eye from a public place.
(5) Public place means a place to which the public or a substantial number of the public
have access, and includes, but is not limited to, streets, sidewalks, and highways,
transportation and recreation facilities, schools, places of amusement, parks,
playgrounds and the conmion areas of public and private buildings or facilities.
(b) It shall be trnlawfiil for any person to possess one ounce or less of marijuana or marijuana
products unless such person is 21 years of age or older or otherwise permitted by law to possess
marijuana or mariju
ana uana products.
(c) It shall be unlawfiil for any person, except as specifically authorized by law to: (i) sell one
ounce or less of marijuana or marijuana products to any person, or (ii) to permit the transfer of
marijuana or marijuana products with or without remuneration to any person under the age of 21
years, or (iii) to permit any person under the age of 21 years to purchase, possess, use, transport,
grow or consume marijuana or marijuana products.
(d) It shall be unlawful for any person to (i) openly and publicly consume marijuana, or (ii) to
possess, use, sell, grow, distribute, display or consume marijuana or marijuana products upon or
within any park, athletic field, playground, recreation area, golf course, aquatic center, camp
ground, open space, trail, parking lot, or building or facility, owned, occupied or controlled by
the town.
(e) It shall be unlawfiil for any person to consume, use, display, transfer or distribute marijuana
within 1,000 feet of any public or private elementary school, middle school, junior high school or
lugh school when such person is upon any street, sidewalk or other property owned or controlled
by the town.
(f) It shall not be an offense under subsection (d) (i) of this section if the consumption of
marijuana is occurring on private residential property behind the rear building line of the
principal stricture and the person consuming the marijuana is (i) an owner of the property, or (ii)
a person who has a leasehold interest in the property, or (iii) any person who has been granted
express or implied permission to consume marijuana on the property by the owner or lessee of
21
the property.
9.32.020 - Drug paraphernalia definitions.
(a) For the purposes of this chapter, the following words and phrases shall mean as set forth
unless the context specifically specifies otherwise:
(1) Controlled substance means a drug, substance or inunediate precursor included in
Schedules 1 through V, as set forth in the Uniform Controlled Substances Act of
2013 (C.R.S. § 18-18401 et seq.) as same may be amended from time to time.
(2) Diuug paraphei7ialia means all equipment, products, and materials of any kind which
are used, intended for use, or designed for use in planting, propagating, cultivating,
growing, harvesting, manufacturing, compounding, converting, producing,
processing, preparing, testing, analyzing, packaging, repackaging, storing,
containing, concealing, injecting, ingesting, inhaling or Otherwise introducing into
the human body a controlled substance. The term "drug paraphernalia" includes, but
is not limited to.
a. Testing equipment used, intended for use, or designed for use in identifying or
analyzing the strength, effectiveness, or purity of controlled substances.
b. Scales and balances used, intended for use, or designed for use in weighing or
measuring controlled substances.
c. Separation gins and sifters used, intended for use, or designed for use in removing
twigs and seeds from or in otherwise cleaning or refining cannabis.
d. Blenders, bowls, containers, spoons, and mixing devices used, intended for use, or
designed for use in compounding controlled substances.
e. Capsules, balloons, envelopes, and other containers used, intended for use, or
designed for use in packaging small quantities of controlled substances.
f. Containers and other objects used, intended for use, or designed for use in storing or
concealing controlled substances.
g. Objects used, intended for use, or designed for use in ingesting, inhaling, or
otherwise introducing cannabis, cocaine, hashish or hashish oil into the human body,
such as:
1. Metal, wooden, acrylic, glass, stone, plastic, or ceramic pipes with or without
screens, permanent screens, hashish heads, or pumctued metal bowls;
2. Water pipes,
3. Carbtuetion tubes and devices;
4. Smoking and carburetion masks;
5. Roach clips; defined as objects used to hold burning materials, such as a
marijuana cigarette that has become too small or too short to be held in the hand;
6. Miniature cocaine spoons and cocaine vials;
7. Chamber pipes;
8. Carburetor pipes;
22
9. Electric pipes;
10. Air driven pipes;
11. Chillums 0,
12. Bongs; or
13. Ice pipes or chillers.
(3) Marijuana accessories, as defined in section 16 of article XVIII of the Colorado
Constitution and used in this section means any equipment, products, or materials of
any kind that are used, intended for use, or designed for use in planting, propagating,
cultivating, growing, harvesting, composting, manufacturing, compounded,
converting, producing, processing, preparing, testing, analyzing, packaging,
repackaging, storing, vaporizing, or containing marijuana, or for ingesting, inlialing,
or otheiivise introducing marijuana into the human body.
(4) Drug paraphernalia does not include marijuana accessories if possessed or used by
any person, 21 years of age or older or who is otherwise lawfully permitted to
possess or use marijuana.
9.32.030 -Possession, manufacture, sale or delivery of drug paraphernalia.
(a) It shall be unlawfiil for any person to knowingly possess drug paraphernalia.
(b) Manufachire, sale, or delivery of drag paraphernalia. It shall be unlawful for any person to
sell or deliver, possess with intent to sell or deliver, manufacture with intent to sell or deliver
equipment, products, or materials, knowing that such equipment, products, or materials
constitute drug paraphernalia.
(c) Determination considerations. In determining whether an object constitutes drug
paraphernalia, the court may consider, in addition to all other relevant factors, the following:
(1) Statements by an owner or by anyone in control of the object concerning its use;
(2) Proximity of the object to any controlled substance;
(3) The existence of any residue of controlled substances on the object;
(4) Direct or circumstantial evidence of the knowledge of an owner, or of anyone in
control of the object, or evidence that such person knows that it will be delivered to
persons who he knows could use the object to facilitate a violation of this section;
(5) Instructions, oral or written, provided with the object concerning its use;
(6) Descriptive materials accompanying the object which explain or depict its use;
(7) National or local advertising concerning the object's use;
(8) The manner in which the object is displayed for sale;
(9) Whether the owner, or anyone in control of the abject, is a supplier of like or related
items to the cormntmity for legal purposes, such as an authorized distributor or dealer
of tobacco products;
(10) The existence and scope of legal uses for the object in the conuuunity;
(11) Expert testimony concerning its use.
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(d) In the event a case brought pursuant to this section is tried before a jury, the court shall hold
an evidentiary hearing on issues raised pursuant to this subsection.
U2.040 - Inhaling toxic vapors.
(a) It shall be unlawfiil for any person to intentionally smell or inhale the fiimes of toxic vapors
for the purpose of causing a condition of euphoria, excitement, exhilaration, stupefaction, or
dulled senses of the nervous system, or possess, buy, or use any such substance for the purpose
of violating or aiding another to violate this section. This section does not apply to the inhalation
of anesthesia for medical or dental purposes.
(b) As used in this section, the term "toxic vapors" includes but is not limited to the following
substances or products containing such substances: Alcohols (methyl, isopropyl, propyl or
butyl); aliphatic acetates (ethyl, methyl, propyl, or methyl collective acetate); acetone; benzene;
carbon tetrachloride; cyclohexane; freons (freon 11 and freon 12); hexane; methyl ethyl ketone;
methyl isobutyl ketone; naphtha; perchloroethylene; toluene; trichloroethane; or xylene.
Evidence that a container lists one or more of these substances shall be prima facie evidence that
the substance in such container contains toxic vapors and emits the fiimes thereof.
9.32.050 —Unlawful use of a controlled substance.
Except as is otlrer�vise provided for offenses concerning marijuana and marijuana concentrate as
set forth in C.R.S. §§ 18-18406 and 406.5, it shall be unlawfiil for any person to use any
controlled substance, as defined by C.R.S. § 1848-102 (5), except wlren it dispensed by or under
the direction of a person licensed or authorized by law to prescribe, administer, or dispense the
controlled substance for bona fide medical needs.
9.32.060 — Lnlawful possession of a controlled substance.
Except as authorized by part 1 or 3 of article 280 of title 12, C.R.S., part 2 of article 80 of
title 21, C.R.S., section 1848428 (1) (b) C.R.S., or part 2 of article 18, C.R.S., it is
unlawfiil for any person to knowingly possess any material, compound, mixture, or
preparation that contains not more than four grams of a controlled substance listed in
schedule I or II of part 2 of article 18, C.R.S., or any quantity of a controlled substance
listed in schedule III, IV or V of part of article 18, C.R.S., except as to possession of
lunitrazepam, garnina hydroxybutyrate, or ketamine, or where possession of such
substances constitutes a fourth or subsequent violation of this offense.
CHAPTER 9.36 -ALCOHOL AND TOBACCO OFFENSES
9.36.010 -Alcohol definitions.
(a) As used within this chapter the following words shall mean as follows unless the context
specifically specifies othertivise:
(1) Alcoholic beverages or alcoholic liquors means malt, vinous, or spirituous liquors;
except that "alcoholic beverages" and "alcoholic liquors" shall not include
confectionery containing alcohol within the limits prescribed by C.R.S. § 25-5-
410(1)(i)(II), as amended.
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(2) Fermented malt beverage means any beverage obtained by the fermentation of any
infiision or decoction of barley, malt, hops, or any similar product or any
combination thereof, in water containing not less than one-half of one percent and
not more than three and two -tenths percent (3.2%) alcohol by weight; except that
"fermented malt beverage" shall not include confectionery containing alcohol within
the limits prescribed by C.R.S. § 25-5410(1)(0(II), as amended.
9.36.020 -Consumption regulated.
(a) It shall be unlawfiil for any person to possess an open container of or consume any fermented
malt or alcoholic beverages in public, except upon premises licensed or permitted under the
provisions of C.R.S. tit. 44, art. 3, 4 or 5, as amended.
(b) For the purpose of this section "open container" means any container which is either opened
so that the contents can be removed or upon which the bottle cap seal has been broken.
(c) For the purpose of this chapter, "in public" means:
(1} In or upon any public highway, street, alley, walk, parking lot, building, park or
other property or place which is owned or leased by the town or other governmental
entity, whether in a vehicle or not; and
(2) In or upon those portions of any private property upon which the public has express
or implied license to enter or remain. If such express or implied license is subject to
time or conduct restrictions, consumption or prohibited possession of fermented malt
alcoholic beverages on such property shall be deemed to be "in public" even if the
entry or remaining on the property is in violation of time or conduct restrictions.
(d) For the lnirposes of this section evidence that a container, or a similar container, if the label
is missing or unreadable, lists as contents any fermented malt or alcoholic beverages is prima
facie evidence that the substance in such container is fermented malt or alcoholic beverages.
(e) It is an affirmative defense to a charge of violating this section that the owner of the property
involved or the owner"s authorized agent gave prior express written permission to the accused or
to members of the accused's group or entity to perform the acts complained of.
(f) The town manager or manager's designee may, as provided below, grant express written
permission to persons to consume fermented malt or alcoholic beverages on town -owned
property for the following special fiinctionse Athletic events; artistic events; cultural events;
receptions; street closure events; or civic events.
(1) The town manager shall adopt an administrative directive specifying the town
properties or portions thereof upon �vhicll fermented malt or alcoholic beverages niay
be consumed.
(2) The town manager shall grant such permission to persons applying therefor if,
considering the type of fiinction and type of alcohol to be served, the manager finds
that:
a. The application to the town manager was filed not later than 48 hours prior to the
date of the event.
b. The time, location and duration of the function are not likely to significantly interfere
with public traffic or services, including public safety services.
c. The number and concentration of participants at the fiinction are not likely to result
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in crowds exceeding limitations of the town fire code or create a nuisance resulting
in inconvenience to the residents of the surrounding neighborhood.
d. Procedures are proposed that are likely to ensure that underage persons and persons
tinder the influence of alcohol will not obtain or consume fermented malt or
alcoholic beverages served at the fiinction.
e. Procedures are proposed that are likely to secure and supervise the area and the
participants during the function.
f. The applicant agrees to provide sandwiches and other food services at the location
during the time consumption is permitted in an amount sufficient to serve the persons
anticipated to attend.
g. The applicant agrees to be personally responsible for and provide financial
guaranties to ensure the cleaning, trash disposal or repairs necessary as a result of the
event for which the permission was granted. The town manager shall determine the
amount of required financial guaranty based upon the town facility involved, the
duration of the event, the number of persons anticipated to attend, the type of
beverage to be served, the failure of the applicant to clean or repair town property in
conjunction with past events and the financial resources of the applicant.
h. The applicant agrees, to the extent permitted by law, to indemnify and hold harmless
the town, its employees and agents for all liability claims arising out of the event
and to provide general liability insurance, with minimum liability limits equal to that
established by the Colorado Governmental Inununity Act, C.R.S. § 24-10-101 et
seq., as amended, to guarantee indemnification. The town manager may waive or
reduce this insurance requirement if the applicant affrrrnatively establishes that the
risk of liability to the town as a result of the fiinction does not present the town with
any significant additional risk of liability.
(3) The town manager shall deny permission where:
a. There is insufficient data presented by the applicant to make the findings required in
subsection (i)(2) of this section.
b. Approval would be detrimental to the public safety, health, morals, order or welfare
by reason of the nature of the event, the likelihood that the event would create a
public nuisance, an unreasonable risk of violence or public disorder or result in the
consumption of alcoholic beverages by underage persons or, alternatively, that the
proximity of the event to schools or the failure of the applicant to conduct a past
event in compliance with this section and the applicable riles and regulations.
c. Another event has previously been scheduled for the same location on the same date
and time.
d. The event would unreasonably interfere with normal activities and customary and
general use and enjoyment of the facility.
(4) An applicant who has been denied permission or who claims to be otherwise
aggrieved by the town manager's decision concerning an application may make
written request to the toNvn manager's office for a hearing on the application. Such
request shall be made within seven days of the postmarked date of the town
manager's decision. Within ten days of receipt of such a request, the town manager
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shall designate an independent hearing officer who shall conduct a hearing at which
the applicant and the town may present such evidence and information as may be
relevant to the application.
(5) The granting of permission by the town manager under this section does not relieve
the applicant from the responsibility of obtaining any license or special permit as
may be required by state law or town ordinances.
(g) This section is not intended to create a right of use or possession of town owned or leased
property in any person or group; rather, this section relates only to permission to consume malt,
vinous or spirituous liquor or fermented malt beverage by an individual or group who otherwise
has the lawful right to use or possess town -owned property pursuant to town policy.
9.36.030 - Underage persons alcoholic beverages prohibitions.
(a) It shall be unlawfid for any person to sell, serve, give away, dispose of, exchange, deliver, or
permit the sale, serving, giving or procuring of any fermented malt or alcoholic beverages to or
for any person under the age of 21.
(b) It shall be unlawfiil for any person under 21 years of age to obtain or attempt to obtain
fermented malt or alcoholic beverages by misrepresentation of age or by any other method in any
place where fermented malt or alcoholic beverages are sold.
(c) It shall be unlawfiil for any person under 21 years of age to possess or consume alcoholic or
fermented malt beverages. Illegal possession or consumption of alcoholic or fermented malt
beverages is a strict liability offense.
(d) It shall be unlawfiil for any person under the age of 21 to make false statements or to f rnish,
present or exhibit any fictitious or false registration card, identification card, or note or other
document or documents issued to a person other than the person presenting the same, for the
purpose of procuring the sale, gift or delivery of fermented malt or alcoholic beverages.
(e) It shall be unlawful for any person under the age of 21 to engage or utilize the services of
another person, whether for remuneration or not, to procure for such person under the age of 21
fermented malt or alcoholic beverages.
(f) It shall be unlawfiil for any person, whether for remuneration or not, knowingly to procure
for any person under the age of 21 fermented malt or alcoholic beverages.
(g) As used within this section, the following words shall mean as set forth below unless the
context clearly specifies otherwise.
(1) Establishment means a business, firm, enterprise, service or fraternal organization,
club, instih�tion, entity, group or residence, and any real property, including
buildings and improvements, connected therewith, and shall also include any
members, employees and occupants associated therewith.
(2) Possession of alcoholic or fermented malt beverages means that a person has or
holds any amount of alcoholic or fermented malt beverages on his/her person, or that
a person owns or has custody of, or has alcoholic or fermented malt beverages within
his/her immediate presence and control.
(3) Private property means any dwelling and its curtilage which is being used by a
natural person or natural persons for habitation and which is not open to the public
and privately owned real property which is not open to the public. "Private property"
shall not include:
a. Any establislunent which has or is required to have a liquor license or permit
pursuant to C.R.S. tit. 44, art. 3, 4 or 5;
b. Any establishment which sells alcoholic or fermented halt beverages or upon which
alcoholic or fermented malt beverages are sold; or
c. Airy establishment which leases, rents or provides acconmiodations to members of
the public generally.
(h) It shall be an affirmative defense to the offense described in subsection (c) of this section
that the alcohol or fermented malt beverage was possessed or consumed by a person under 21
years of age under the following circumstances:
(1) While such person was legally upon private property with the krio�vledge and
consent of the owner or legal possessor of such private property and the alcohol or
fermented malt beverage was possessed or consumed with the consent of his/her
parent or legal guardian who was present during such possession or consumption; or
(2) When the existence of alcohol or fermented malt beverages in a person's body was
due solely to the ingestion of any substance which was manufactured, designed or
intended solely for medicinal or hygienic purposes.
(i) The possession or consumption of alcohol or fermented malt beverages shall not constitute a
violation of this section if such possession or consumption takes place for religious purposes
protected by the First Amendment of the United States constitution.
(j) Prima facie evidence of a violation of subsection (c) of this section shall consist of:
(1) Evidence that the defendant was under the age of 21 years and possessed or
consumed alcoholic or fermented malt beverages; or
(2) Evidence that the defendant was under the age of 21 years and manifested any of the
characteristics conuuonly associated with alcoholic or fermented malt beverage
intoxication or impairment.
(k) During any trial for violation of this section, any bottle, can or any other container with
labeling indicating the contents of such bottle, can or container shall be admissible into evidence,
and the iformation contained on any label on such bottle, can or other container shall be
admissible into evidence and shall not constitute hearsay. A jury or a judge, whicliever is
appropriate, may consider the information upon such label in determining whether the contents
of the bottle, can or other container were composed in whole or in part of alcoholic or fermented
malt beverages. A label which identifies the contents of any bottle, can or other container, as
"beer," "ale," "malt beverage," "fermented malt beverage," "malt liquor," "wine," "champagne,"
'whiskey," "gin," "vodka," "tequila," "scluia s," "brandy," "cognac," " "liqueur, it"cordial "
Y g q Pp Y g >
"alcohol," or "liquor" shall constitute prima facie evidence that the contents of the bottle, can, or
other container was composed in whole or in part of alcoholic or fermented malt beverages.
(1) In any judicial proceeding concerning a charge under subsection (c) of this section, the court
shall take judicial notice of methods of testing a person's blood, breath, saliva, or urine for the
presence of alcohol and of the design and operation of certified devices for testing a person's
blood, breath, saliva or urine for the presence of alcohol. This subsection shall not prevent the
necessity of establishing during a trial that the testing devices were working properly and that
such testing devices were properly operated. Nothing in this subsection shall preclude a
defendant from offering evidence concerning the accuracy of testing devices.
9.36.040 - Underage person's tobacco restrictions and prohibitions.
(a) Definitions. For purposes of this section, the following words shall mean as defined unless
the context specifies otherwise.
(1) Corlsuslle means to use, to possess, to inhale, to chew, to dissolve, to absorb, to be
applied to the skin of, to heat, to sniff, or to ingest by any other means.
(2) Electronic smoking device means:
a. Any battery powered or electronic oral device that provides or delivers, or is intended
to provide or deliver, an inhaled dosage of nicotine, a vapor of nicotine, a vapor of a
solution containing nicotine, a particulate or vaporized substance containing nicotine,
or aerosol of a solution containing nicotine to a person for consumption, whether such
device is homemade, manufactured, distributed, marketed, or sold as an electronic
cigarette, an electronic cigar, an electronic cigarillo, an electronic pen, an electronic
pipe, or an electronic hookah or any other product name or descriptor; or
b. Any battery powered or electronic oral device that can be used by an individual to
simulate smoking in the delivery of nicotine or any other substance, even if marketed
as nicotine4ree, through inhalation from the product; and
c. Any product intended for use with an electronic smoking device, including refills,
cartridges and component part of a product, whether or not marketed or sold
separately.
(3) Nicotine product or tobacco product means.
a. Any product that contains, is made of, or derived from nicotine or tobacco, and is
intended to be consumed by an individual; or
b. An electronic smoking device; or
c. Any device, other than an electronic smoking device, manufactured, distributed,
marketed or sold for use by an individual to consume nicotine or tobacco products.
The term device includes without limitation cigarettes, cigars, cigarillos, pipes, or any
product that, because of its appearance, type, packaging, or labeling, is suitable for
use and likely to be offered to, or purchased by, consumers for snaking cigarettes.
d. Nicotine product or tobacco product does not include any product specifically
approved by the United States Food and Drug Administration as a tobacco cessation
product, for use in reducing, treating or eliminating nicotine or tobacco dependence,
for use in mitigating, treating, or preventing disease, or for other medical purposes,
when such product(s) is being marketed and sold solely for such an approved
purpose.
(4) Vapor product means any product intended for use witlr an electronic smoking device,
including refills, cartridges and component parts of a product, whether or not marketed
or sold separately, which provides or delivers, or is intended to provide or deliver, a
vapor, a vapor of a solution, a particulate or vaporized substance, or aerosol of a
solution, even if marketed as nicotine4ree.
(b) It shall be unlawful for anyone under the age of 21 years to purchase, attempt to purchase,
or consume any nicotine product or tobacco product or vapor product.
(c) It shall be unlawfiil for any person to knowingly furnish or offer to furnish or possess with
the intent to furnish or offer to fiunish, to any person who is under 21 years of age, whether
by gift, sale, or any other means, any nicotine product or tobacco product or vapor product.
29
(d) Violations of subsection (b) shall be civil in nature, subject to a fine, only except that
nothing herein shall be deemed to restrict the municipal court judge from imposing upon a
person, in lieu of a tine, a requirement to participate in a tobacco or vaping education
program.
(e) Any person who sells, offers to sell, or possess with intent to sell or offer for sale any
nicotine product or tobacco product shall display a warning sign as specified in this section.
The warning shall be displayed in a prominent place within the establislunent, and shall
have a minimum height of three inches and a width of six inches, and shall read as follows:
WARNING
IT IS ILLEGAL FOR ANY PERSON UNDER TWENTY-ONE YEARS OF AGE TO
PURCHASE NICOTINE OR TOBACCO PRODUCTS.
(f) That any person under the age of 21 is/was in possession of any package or container with
labeling indicating that such contains nicotine or tobacco products shall be prima facie
evidence of a violation of subsections (b) and (c) herein.
(g) It shall be unlawfiul for any person who sells, dispenses, distributes, or offers to sell,
dispense or distribute any tobacco product or nicotine product to store, display, or sell such
tobacco or nicotine products in any area or means that is accessible for use by the public
without assistance from the seller of such goods or products. This subsection shall not be
construed to preclude or prohibit the storage or display of tobacco or nicotine products in an
area viewable by the public so long as such items are not accessible to the public without
assistance from the seller.
CHAPTER 9.40 -WEAPONS
9.40.010 - Definitions.
(a} As used in this chapter, the following shall mean as defined herein unless otherwise
specifically provided:
Blackjack means any billy club, sand club, sandbag, sap gloves or other hand -operated striking
weapon consisting, at the striking end, of an encased piece of lead or other heavy substance and,
at the handle end, a strap or springy shaft which increases the force of impact.
Crossbow means any device resembling a firearm in configuration, having a bow or similar
device mounted perpendicularly to a stock, grip or frame, and usually equipped with a winch or
similar device which draws back the bowstring and cocks the weapon and which fires an arrow,
bolt, stone or other projectile from a groove or depression in the stock, grip or frame by the
manipulation of a trigger or other similar mechanism.
Firearm means any handgun, revolver, pistol, rifle, shotgun or other instrument or device from
which any shot, bullet or other missile can be discharged.
Gas gun means any device designed for projecting gas -filled projectiles which release their
contents after being projected from the device and includes projectiles designed for use in such
device.
Handgun means a pistol, revolver, or other firearm of any description, loaded or unloaded, from
which any shot, bullet, or other missile can be discharged and the length of the barrel, not
including any revolving, detachable, or magazine breech, does not exceed 12 inches.
30
Illegal weapon means a blackjack, gas gun, or metallic knuckles.
Knife means any dagger, knife, bayonet, straight razor, dirk, machete, stiletto, sword or sword
cane with a blade over three and one-half inches in length, or any other dangerous instrument
designed to inflict cutting, stabbing or tearing wounds; but, as used in this article, does not
include a knife or hatchet of the type customarily used in hunting, fishing or camping, when such
is being carried for sporting use; and does not include any instruments being used in pursuance
of a lawfiil home use, trade, occupation or profession or otherwise being lawfiil under federal or
state statutes, or being used as an item of display or collector's item in any home or place of
business.
Mechanical gun means an air, spring operated or blow gun that discharges pellets, BB shots,
paint balls, arrows or darts and includes but is not limited to BB guns, spring guns, pellet guns,
paint ball guns or other similar devices.
Metallic knuckles means a weapon worn on the hand, consisting of a metal strip or chain with
holes or links into which the fingers fit.
Nunchaku means an object consisting of two sticks, clubs, bars, or rods to be used as handles,
connected by a rope, cord, wire or chain which is in the design of a weapon used in connection
with the practice of a system of self-defense.
Throwing star means a disk having sharp radiating points or any disk -shaped bladed object
which is hand-held and thrown and which is in the design of a weapon used in connection with
-lie practice of a system of self-defense.
Weapon means any instrument or device specifically designated for use in attack or defense in
combat or fighting, and includes, but is not limited to, those enumerated in this section.
9.40.020 - Prohibited use or possession of weapons; exception.
(a) It shall be unlawful for any person to.
(1) Knowingly and unlawfiully aim a firearm at another person;
(2) Recklessly or with criminal negligence discharge a firearm or shoot a bow and
arrow;
(3) Knowingly set a loaded gun, trap, or device designed to cause an explosion upon
being tripped or approached, and leave it unattended by a competent person
immediately present,
(4) Have in his or her possession an illegal weapon;
(5) Have in his or her possession a firearm while the person is under the influence of
intoxicating liquor or of a controlled substance, as defined in C.R.S. § 1848402% or
(6) Knowingly aim, swing, or throw a throwing star or nunchaku at another person, or
knowingly possess a throwing star or nunehaku in a public place except for the
purpose of presenting an authorized public demonstration or exhibition or pursuant
to instruction in conjunction with an organized school or class.
9.40-030 -unlawful open carry of deadly weapons in town buildings, parks, trails, omen
spaces or recreation areas.
(a) It shall upon posting as required by state statute be unlawfiul for any person to openly carry
any deadly weapon upon the grounds of or within any building or facility owned or leased by the
31
town, or any department or agency thereof
(b) It shall upon posting as required by state statute be unlawfiil for any person to openly carry
any deadly weapon within or upon any town park, trail, athletic field, campground, aquatic
center, recreation area or open space.
(c) Nothing herein shall be deemed to affect or impair in any way the authority of any private or
public property owner other than the town to prohibit the open carrying of deadly weapons into
or upon the property of such persons.
9.40.040 - Unlawfully carrying a concealed weapon; unlawful possession of weapons.
(a) It shall be unlawful for any person to carry a concealed weapon or possess weapons. A
person commits the crime of unlawfiilly carrying a concealed weapon or possessing a weapon,
Alen a person knowingly:
(1) Carries a knife concealed on or about his or her person;
(2) Carries a firearm concealed on or about his or her person; or
(3) Without legal authority, carries, brings, or has in such person's possession, a firearm
or any explosive, incendiary, or other dangerous device on the property of or within
any building in which the chambers, or offices of the board of trustees are located, or
in which a board of trustee hearing or meeting is being or is to be conducted, or in
which the official office of any member, officer, or employee of the town is located.
(b) It shall not be an offense if the defendant was:
(1) A person in his or her own dwelling or place of business or on property owned or
under his or her control at the time of the act of carrying;
(2) A person in a private automobile or other private means of conveyance wlio carries a
weapon for lawful protection of such person or another person or property while
traveling; or
(3) A person who, at the time of carrying a concealed weapon, held a valid permit to
carry a concealed handgun, or a temporary emergency permit issued pursuant to state
law, except that it shall be an offense under this section if the person was carrying a
concealed handgun in violation of the provisions of C.R.S. § 1812-214.
9.40.050 -Defacing or possession of defaced firearm.
(a) It shall be uuilawfiil for any person to knowingly:
(1) Remove, deface, cover, alter or destroy the nramifactuer's serial ntunber or any other
distinguishing number or identification mark of a firearm; or
(2) Possess a firearm, the manufacturer's serial number of which, or other distinguishing
number or identification mark, has been removed, defaced, altered, or destroyed,
except by normal wear and tear.
9.40.060 -Exception for law enforcement and military personnel.
Nothing within this article shall be constlled to forbid any enforcement officer of the law
enforcement agencies of the United States governrrrent, rminicipality, or the state, or any sheriff
or his or her deputies, or any regular, special or ex officio peace officer as defined by state law,
or members of the United States armed forces, Colorado National Guard or Reserve Officer
Training Corp or any other person specifically authorized by state or federal law from carrying,
32
wearing, concealing or using such weapon as shall be necessary in the proper discharge of his or
her duties, or as otherwise permitted by law.
Section 2. 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 3. 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 4. 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.
FULL this
INTRODUCED, D, OPTED, APPROVED, AND ORDERED PUBLISHED IN
th day of IFL 2022.
ATTEST:
TOWN
TY; o
Jerk
TO«�N OF FIRESTONE, COLORADU
APPROVED AS TO
. Hayashi, Td�n Attorney
33