HomeMy WebLinkAboutORDINANCE 02-84V /
ORDINANCE NO.2-84
AN ORDINANCE ALIENDING TITLE 9 OF THE MUNICIPAL
CODE OF THE TOWN OF ESTES PARK,COLORADO,THE
SANE PERTAINING TO PUBLIC PEACE,MORALS AND
SAFETY.
BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES
PARK,COLORADO:
Section 1.That Chapters 9.02 through 9.96 of Title 9 of
the Municipal Code of the Town of Estes Park,Colorado,are
deleted in their entirety.
Section 2.That Title 9 of the Municipal Code of the
Town of Estes Park,Colorado,is amended by the addition of the
following Chapters:
CHAPTER 9.02
OFFENSES BY OR AGAINST PUBLIC OFFICERS AND GCVERNMENT
9.02.010 Definitions.As used in this chapter,unless the
context otherwise requires:
1.“Government”includes any branch,subdivision,
institution or agency of the government of this town.
2.“Governmental function”includes any activity which a
public servant is legally authorized to undertake on behalf of a
government.
3.“Public servant”means any officer or employee of
government,whether elected or appointed,and any person
participating as an advisor,or consultant,engaged in the
service of process,or otherwise performing a governmental
function,but the term does not include witnesses.
9.02.020 Obstructing government operations.It shall be
unlawful to obstruct government operations.
1.A person commits obstructing government operations if
he intentionally obstructs,impairs or hinders the performance of
a governmental function by a public servant,by using or
threatening to use violence,force or physical interference or
obstacle.
2.It shall be an affirmative defense that:
a.The obstruction,impairment or hindrance was of
unlawful action by a public servant;or
b.The obstruction,impairment or hindrance was of
the making of an arrest;or
c.The obstruction,impairment or hindrance of a
governmental function was by lawful activities in connection with
a labor dispute with the government.
9.02.030 Resisting arrest.It shall be unlawful to resist
arrest.
1.A person commits resisting arrest if he knowingly
prevents or attempts to prevent a peace officer,acting under
color of his official authority,from effecting an arrest of the
actor or another,by:
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a.Using or threatening to use physical force or
violence against the peace officer or another;or
b.Using any other means which creates a substantial
risk of causing physical injury to the peace officer or another.
2.It is no defense to a prosecution under this section
that the peace officer was attempting to make an arrest which in
fact was unlawful,if he was acting under color of his official
authority,and in attempting to make the arrest he was not
resorting to unreasonable or excessive force giving rise to the
right of self—defense.A peace officer acts “under color of his
official authority”when,in the regular course of assigned
duties,he 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.
3.The term “peace officer”as used in this section means
a peace officer in uniform or,if out of uniform,one who has
identified himself by exhibiting his credentials as such peace
officer to the person whose arrest is attempted.
9.02.040 False reporting to authorities.It shall be
unlawful for a person to falsely report to authorities.
1.A Person commits false reporting to authorities,if:
a.He knowingly causes a false alarm of fire or other
emergency to be transmitted to or within an official or volunteer
fire department,ambulance service or any other government agency
which deals with emergencies involving danger to life or
property;or
b.He makes a report or knowingly causes the
transmission of a report to law enforcement authorities of a
crime or other incident within their official concern when he
knows that it did not occur;or
c.He makes a report or knowingly causes the
transmission of a report to law enforcement authorities
pretending to furnish information relating to an offense or
other incident within their official concern when he knows that
he has no such information or knows that the information is
false.
9.02.050 Unlawful conduct on public property.
1.It is unlawful for any person to enter or remain in any
public building or on any public property or to conduct himself
in or on the same in violation of any order,rule or regulation
concerning any matter prescribed in this subsection 1.,limiting
or prohibiting the use or activities or conduct in such public
building or on such public property,issued by any officer or
agency having the power of control,management or supervision of
the building or property.In addition to any authority granted by
any other law,each such officer or agency may adopt such orders,
rules or regulations as are reasonably necessary for the
administration,protection and maintenance of such public buildings
and property,specifically,orders,rules and regulations upon the
following matters:
a.Preservation of property,vegetation,wildlife,
signs,markers,statues,buildings and grounds,and other
structures,and any object of scientific,historical or scenic
interest;
b.Restriction or limitation of the use of such
public buildings or property as to time,manner or permitted
activities;
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c.Prohibition of activities or conduct within public
buildings or on public property which may be reasonably expected
to substantially interfere with the use and enjoyment of such
places by others or which may constitute a general nuisance;
d.Camping and picnicking,public meetings and
assemblages,and other individual or group usages,including the
place,time and manner in which such activities may be permitted;
e.Use of all vehicles as to place,time and manner
of use;
f.Control and limitation of fires and designation of
places where fires are permitted.
2.No conviction may be obtained under this section unless
notice of such limitations or prohibitions is prominently posted
at all public entrances to such building or property or unless
such notice is actually first given the person by the officer or
agency,including any agent thereof,or by any law enforcement
officer having jurisdiction or authority to enforce this section.
3.Any person who violates this section is guilty of
unlawful conduct on public property.
9.02.060 Public buildings —trespass,interference.
1.No person shall so conduct himself at or in any public
building owned,operated or controlled by the Town as to
willfully deny to any public official,public employee or invitee
on such premises the lawful rights of such official,employee or
invitee to enter,to use the facilities of,or to leave any such
public building.
2.No person shall,at or in any such public building,
willfully impede any public official or employee in the lawful
performance of duties or activities through the use of restraint,
abduction,coercion or intimidation or by force and violence or
threat thereof.
3.No person shall willfully refuse or fail to leave any
such public building upon being requested to do so by the chief
administrative officer or his designee charged with maintaining
order in such public building,if the person has committed,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 lawful missions,processes,procedures or
functions being carried on in the public building.
4.No person shall,at any meeting or session conducted by
any judicial,legislative or administrative body or official at
or in any public building,willfully impede,disrupt or hinder
the normal proceedings of such meeting or session by any act of
intrusion into the chamber or other areas designated for the use
of the body or official conducting the 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 duties at
such meeting or session.
5.No person shall,by any act of intrusion into the
chamber or other areas designated for the use of any executive
body or official at or in any public building,willfully impede,
disrupt or hinder the normal proceedings of such body or
official.
6.The term “public building,”as used in this section,
includes any premises being temporarily used by a public officer
or employee in the discharge of his official duties.
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7.Any person who violates any of the provisions of this
section commits an unlawful act.
CHAPTER 9.04
OFFENSES AGAINST PUBLIC DECENCY
9.04.010 Public indecency.It shall be unlawful to commit
public indecency.Any person who performs any of the following
in a public place or where the conduct may reasonably be expected
to be viewed by members of the public commits public indecency:
1.An act of sexual intercourse;or
2.A lewd exposure of the body done with intent to arouse
or to satisfy the sexual desire of any person;or
3.A lewd fondling or caress of the body of another
person.
9.04.020 Indecent exposure.It shall be unlawful for a
person to knowingly expose his genitals to the view of any person
under circumstances in which such conduct is likely to cause
affront or alarm to the other person.
9.04.030 Prostitution prohibited.It is unlawful for a
person to perform or offer or agree to perform any act of sexual
intercourse,fellatio,cunnilingus,masturbation or anal inter
course with any person not his spouse in exchange for money or
other thing of value.
“Fellatio,”as used in this section,means any act of oral
stimulation of the penis.
“Cunnilingus,”as used in this section,means any act of
oral stimulation of the vulva or clitoris.
“Masturbation’1 as used in this section,means stimulation
of the genital organs by manual or other bodily contact exclusive
of sexual intercourse.
“Anal intercourse,”as used in this section,means contact
between human beings of the genital organs of one and the anus of
another.
9.04.040 soliciting for prostitution.It shall be unlawful
for a person to solicit for prostitution.A person solicits for
prostitution if he:
1.Solicits another for the purpose of prostitution;or
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.
9.04.050 Keeping a place of prostitution.It shall be un
lawful to keep a place of prostitution.Any person who has or
exercises control over the use of any place which offers
seclusion or shelter for the practice of prostitution and who
performs any one or more of the following,commits keeping a
place of prostitution if he:
1.Knowingly grants or permits the use of such place for
the purpose of prostitution;or
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2.Permits the continued use of such place for the purpose
of prostitution after becoming aware of facts or circumstances
from which he should reasonably know that the place is being used
for purposes of prostitution.
CHAPTER 9.06
OPEN DISPLAY OF FERNENTED MALT BEVERAGES,MALT,
VINOUS AND SPIRITUOUS LIQUORS
9.06.010 Open display of fermented malt beverages and malt,
vinous or spirituous liquors.It is unlawful to drink or have
any open container of fermented malt beverages or any malt,
vinous or spirituous liquors with intent to drink the same in or
upon any street,alley or public place within the Town,or in or
upon a vehicle,or upon a horse or other animal,in any street,
alley or public place within the Town.
CHAPTER 9.08
OFFENSES AGAINST PUBLIC PEACE,ORDER AND SAFETY
9.08.010 Disturbing the Peace.It is unlawful for any
person to voluntarily by violent,tumultuous,offensive or
obstreperous conduct,or loud or unusual noises,which by causing
consternation and alarm,disturb the peace and quiet of the
community;or to utter obscene or offensive language,or
repeatedly insult,taunt or challenge another in a manner which
is inherently likely to provoke a violent or disorderly response
and such language is directed to any person or group of persons.
9.08.020 Disorderly conduct.It shall be unlawful to
commit disorderly conduct.A person commits disorderly conduct
if he intentionally,knowingly or recklessly:
1.Openly urinates or defecates in or upon any street,
alley or public place other than in or upon a toilet facility
provided for such purpose;or
2.Fights with another in a public place except in an
amateur or professional contest of athletic skill;or
3.Not being a peace officer,discharges a firearm in a
public place except when engaged in lawful target practice or
hunting;or
4.Not being a peace officer,displays a deadly weapon in
a public place in a manner calculated to alarm a member of the
public.
9.08.030 Obstructing highway or other passageway.It shall
be unlawful to obstruct a highway or other passageway.
1.An individual or corporation commits an offense if,
without legal privilege,he intentionally,knowingly or reck
lessly:
a.Obstructs a highway,Street,sidewalk,railway,
waterway,building entrance,elevator,aisle,stairway or hallway
to which the public or a substantial group of the public has
access or any other place used for the passage of persons,
vehicles or conveyances,whether the obstruction arises from his
acts alone or from his acts and the acts of others;or
b.Disobeys a reasonable request or order to move
issued by a person he knows to be a peace officer,a fireman or
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a person with authority to control the use of the premises,to
prevent obstruction of a highway or passageway or to maintain
public safety by dispersing those gathered in dangerous proximity
to a fire,riot or other hazard.
2.For purposes of this section,“obstruct”means to
render impassable or to render passage unreasonably inconvenient
or hazardous.
9.08.040 Disrupting lawful assembly.It shall be unlawful
to disrupt a lawful assembly.A person commits disrupting lawful
assembly if,intending to prevent or disrupt any lawful meeting,
procession or gathering,he significantly obstructs or interferes
with the meeting,processicn or gathering by physical action,
verbal utterance or any other means.
9.08.050 Throwing Missiles.It shall be unlawful for any
person to knowingly throw or shoot any stone,snowball or other
missile at or upon any person,animal,motor vehicle,public
property or at or upon any building,structure or other private
property not belonging to that person.
CHAPTER 9.10
FIREWORKS
9.10.010 Definitions.As used in this chapter;
1.“Fireworks”means any article,device or substance
prepared for the primary purpose of producing a visual or
auditory sensation by combustion,explosion,deflagration or
detonation,including,without limitation,the following articles
and devices commonly known and used as fireworks:toy cannons,
or toy canes in which explosives are used,blank cartridges,the
type of balloon which requires fire underneath to propel the
same,firecrackers,torpedoes,skyrockets,rockets,Roman
candles,dayglo bombs and torches,or other fireworks of like
construction and any fireworks containing any explosive or
flammable compound,or any tablets or other device containing any
explosive substance.
2.“Fireworks”does not include:
a.Toy caps which do not contain more than
twenty—five—hundredths of a grain of explosive compound per cap;
b.Sparklers,trick matches,cigarette loads,trick
noisemakers,toy smoke devices and novelty auto alarms;
c.Highway flares,railway fuses,ship distress
signals,smoke candles and other emergency signal devices.
9.10.020 Restrictions.It is unlawful for any person to
offer for sale,expose for sale,sell,lend,give away,set fire
to,discharge,use,explode or have in his possession with intent
to offer for sale or use or to explode,any fireworks within the
Town,except as provided in this code.
9.10.030 Permits for display.
1.The Board of Trustees may grant permits,within the
Town,for supervised public displays of fireworks by the Town,
fair associations,amusement parks and other organizations and
groups.Such organizations or groups desiring such a permit
shall file with the Town Clerk a written application for a
permit.The application shall state the name of the organization
or group,the date of the proposed public display of fireworks,the
name of the person or persons who will operate the display,the
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location of the display and the nature and type of fireworks to be
displayed.The application shall be signed by the president or
other principal officer of the organization or group making the
application.The application must be filed at least fifteen (15)
days in advance of the meeting of the Board of Trustees at which it
is to be considered.Every display shall be handled by a competent
operator and shall be of such character and so located,discharged
and fired as not to be hazardous to property or endanger any
person.Before a permit is granted,the operator,location and
handling of the display shall be approved,after investigation,by
the chief of the Town fire department or his authorized agent.No
permit shall be transferable or assignable.
2.No permit shall be required for such public display of
fireworks by any county or district fair duly organized under the
laws of the State of Colorado.
CHAPTER 9.12
SOLICITING
9.12.010 Vendors,peddlers and solicitors.It is unlawful
for any person to go in,to or upon private residences in the
Town without having been requested or invited so to do by the
owner or occupant of the private residence,for the purpose of
selling,or for the purpose of soliciting orders for the sale of
goods,wares or merchandise,including books,pictures,magazines
or periodicals.
9.12.020 Soliciting Business on Streets.It is unlawful
for any person to solicit or in any manner try to obtain any
business of any kind while upon the streets,alleys,sidewalks or
other public ways or places within the Town limits.Soliciting
means trying to obtain tenants or patronage for cottages,hotels,
restaurants or other places of business of any kind or nature,
and also attempting to sell any article or obtain customers for
any business of any kind.This prohibition shall not apply to
the use of licensed vehicles with the name written or printed
thereon of any hotel or resort,nor to signs attached to licensed
vehicles used for transportation,nor to signs attached to
buildings where the signs may project into the streets or sidewalks
but are not in conflict with other sections of this code,nor to
licensed mobile vehicles of radio or television stations or
newspapers used to gather and transmit news to their place of
publication or broadcast,so long as that place is not a street,
alley,sidewalk or other public way or place within the Town limits
and there is no audible or visual transmission thereof on said
public places.
CHAPTER 9.14
ABANDONED CONTAINERS
9.14.010 Doer removal required.It is unlawful for any
person to store,keep or junk any icebox,refrigerator,deep
freeze or other container having an air—tight compartment having
an enclosed volume of 4300 cubic inches without first removing
the door or doors therefrom;except any such container when it is
in active use or when it is stared or kept for sale by any person
engaged in the business of selling the same within the Town of
Estes Park.
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CHAPTER 9.16
OFFENSES AGAINST PROPERTY
9.16.010 Damaging Town property.It is unlawful for any
person to wilfully,maliciously,wantonly or negligently injure
or destroy real property or improvements thereon,or movable or
personal property belonging to the Town.
9.16.020 Criminal mischief.It is unlawful for any person
to knowingly damage the real or personal property of one or more
other persons in the course of a single criminal episode where
the aggregate damage to the real or person property is less than
One Hundred Dollars ($100.00).
9.16.030 Trespassing——Privately—owned property.It is
unlawful for any person to knowingly occupy,use or remain on or
in any privately—owned property,real or personal,without the
permission of the owner or persons entitled to the possession
thereof.
9.16.040 Theft.It is unlawful for a person to commit
theft.A person commits theft when he knowingly obtains or
exercises control over anything of another without authorization,
or by threat or deception when the value of the thing is less
than Two Hundred Dollars ($200.00),and:
1.Intends to deprive the other person permanently of the
use or benefit of the thing of value;or
2.Knowingly uses,conceals or abandons the thing of value
in such manner as to deprive the other person permanently of its
use or benefit;or
3.Uses,conceals or abandons the thing of value intending
that such use,concealment or abandonment will deprive the other
person permanently of its use and benefit;or
4.Demands any consideration to which he is not legally
entitled as a condition of restoring the thing of value to the
other person.
9.16.050 Theft of rental property.It is unlawful for a
person to commit theft of rental property.A person commits
theft of rental property if he:
1.Obtains the temporary use of personal property of
another,which is available only for hire,by means of threat or
deception,or knowing that such use is without the consent of the
person providing the personal property;or
2.Having lawfully obtained possession for temporary use
of the personal property of another which is available only for
hire knowingly fails to reveal the whereabouts of or to return
said property to the owner thereof or his representative or to
the person from whom he has received it within seventy—two (72)
hours after the time at which he agreed to return it;and
3.The value of the property involved is less than Two
Hundred Dollars ($200.00).
9.16.060 Theft by receiving.It is unlawful to commit
theft by receiving.A person commits theft by receiving when he
receives,retains,loans money by pawn or pledge on,or disposes
of anything of value of another,knowing or believing that said
thing of value has been stolen,and when he intends to deprive
the lawful owner permanently of the use or benefit of the thing
of value,where the value of the thing of value is less than Two
Hundred Dollars ($200.00).
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9.16.070 Littering of public and private property.It
shall be unlawful to commit littering.
1.Any person who deposits,throws or leaves any litter on
any public or private property or in any waters commits
littering.
2.It shall be an affirmative defense that:
a.Such property is an area designated by law for the
disposal of such material and the person is authorized by the
proper public authority to so use the property;or
b.The litter is placed in a receptacle or container
installed on such property for that purpose;or
c.Such person is the owner or tenant in lawful
possession of such property,or he has first obtained written
consent of the owner or tenant in lawful possession,or the act is
done under the personal direction of said owner or tenant.
3.a.The term “litter”means all rubbish,waste
material,refuse,garbage,trash,debris or other foreign
substances,solid or liquid,of every form,size,kind and
description.
b.The phrase “public or private property”includes,
but is not limited to,the right-of—way of any road or highway;
any body of water or watercourse,including frozen areas or the
shores or beaches thereof;any park,playground,or building;any
recreation area;and any residential,farm or ranch properties or
timberlands.
Section 3.The Board of Trustees of the Town of Estes
Park,Colorado,herewith finds,determines and designates that
this Ordinance is necessary for their immediate preservation
of the morals,public peace,health and safety,in order to provide
for uniform regulations of the same;and whereas,in the opinion of
the Board of Trustees,an emergency exists,this Ordinance shall
take effect and be in force immediately after its passage,adoption
and signature of the Mayor.
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I hereby certify that the above Ordinance was introduced and
read at a1gular meeting of the Board of Trustees on the /fl(
day of ,1984,and published in a newspaper of
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generdi circu4tion in the Town of Estes Park,Colorado.
Town C
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