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City Government

 

2. Crimes Against Peace; Firearms

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06/04 

CHAPTER 2

CRIMES AGAINST PEACE; FIREARMS

6-2-1:   DISORDERLY CONDUCT
6-2-2:   HARASSMENT; STALKING
6-2-3:   DISTURBING THE PEACE
6-2-4:   ASSAULT
6-2-5:   BATTERY
6-2-6:   UNLAWFUL ASSEMBLY
6-2-7:   ENGAGING IN A RIOT
6-2-8:   FALSE IMPRISONMENT
6-2-9:   FIREARMS
6-2-10:  CONCEALED WEAPONS
6-2-11:  ILLEGAL WEAPONS
6-2-12:  POSSESSION OF FIREARMS BY JUVENILES
6-2-13:  OBSTRUCTION OF THE SEEKING OF EMERGENCY ASSISTANCE

6-2-1:  DISORDERLY CONDUCT: (1224 2001 2366)

(A) It shall be unlawful for any person to commit disorderly conduct.  A person commits disorderly conduct if he 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 immediate breach of the peace, whether or not an actual breach of the peace takes place; or

(2) Abuses or threatens a person in a public place in an obviously offensive manner that tends to incite an immediate breach of the peace; or

(3) Makes unreasonable noise in a public place or near a private residence that he has no right to occupy; or

(4) Fights with another in a public place, except in an amateur or professional contest of athletic skill; or

(5) Not being a police officer, displays a deadly weapon in a manner calculated to alarm.

(B) It is an affirmative defense to prosecution under subsection (A)(2) of this Section that the actor had significant provocation for his abusive or threatening conduct. 

(C) Disorderly conduct is a criminal offense, punishable by a fine or imprisonment or both, as provided in Section 1-8-1, W.M.C. 

6-2-2:  HARASSMENT; STALKING:  (1224 2001 2299 2366)

(A) It shall be unlawful to commit 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 a person or subjects him to physical contact; or

(2) In a public place, directs obscene language or makes an obscene gesture to, or at, another person; or

(3) Follows a person in or about a public place; or

(4) Communicates with a person, anonymously or otherwise, by oral or written communication or by telephone, in a manner intended to threaten bodily harm or property damage, or makes any comment, request, suggestion or proposal by telephone that is obscene; or

(5) Makes a telephone call or causes a telephone to ring repeatedly, whether or not a conversation ensues, with no purpose of legitimate conversation; or

(6) Makes repeated communications at inconvenient hours that invade the privacy of another and interfere in the use and enjoyment of another's home or private residence or other private property; or

(7) Repeatedly insults, taunts, challenges or makes communications in offensively coarse language to another in a manner likely to provoke a violent or disorderly response.

(B) It shall be unlawful for any person to commit harassment by stalking.  A person commits harassment by stalking if, directly or indirectly through another person, such person knowingly: 

(1) Makes a credible threat to another person and, in connection with such threat, repeatedly follows that person or a member of that person's immediate family; or

(2) Makes a credible threat to another person and, in connection with such threat, repeatedly makes any form of communication with that person, or a member of that person's immediate family, whether or not a conversation ensues.

(C) DEFINITIONS:  The following words, terms and phrases, when used in this Section, shall have the following meaning, unless the context clearly indicates otherwise:

“Credible Threat” shall mean a threat, whether by language or by action, that would cause a reasonable person to be in fear for the person's life or safety or the safety of his or her immediate family;

“Immediate Family” shall include the person's spouse and the person's parents, grandparents, siblings, or child;

“In Connection With” shall mean acts occurring either before, during or after the credible threat; and

“Obscene” shall mean a patently offensive description of ultimate sexual acts or solicitation to commit ultimate sexual acts, whether or not said ultimate sexual acts are normal or perverted, actual or simulated, including, but not limited to, masturbation, cunnilingus, fellatio, analingus or excretory functions. 

“Repeatedly” shall mean on more than one (1) occasion.

(D) Any act prohibited by subsections (A)(4), (A)(5) and (A)(6) of this Section may be deemed to have occurred, or to have been committed at the place at which the telephone call or written communication was either made or received. 

(E) Harassment is a criminal offense, punishable by a fine or imprisonment or both, as provided in Section 1-8-1, W.M.C.

6-2-3:  DISTURBING THE PEACE:  (1224 2001 2173)

(A) It shall be unlawful for any person to intentionally, knowingly or willfully disturb the peace and quiet of another by unreasonable noise, indecent behavior or offensive conduct. 

(B) Disturbing the peace is a criminal offense, punishable by a fine or imprisonment or both, as provided in Section 1-8-1, W.M.C.

6-2-4:  ASSAULT:  (1224 2001 2365)

(A) It shall be unlawful for any person to commit assault.  A person commits assault if, by any threat or physical action, he knowingly places or attempts to place another person in fear of imminent bodily injury. 

(B) Assault is a criminal offense, punishable by a fine or imprisonment or both, as provided in Section 1-8-1, W.M.C.

6-2-5:  BATTERY:  (1224 2001 2365)

(A) It shall be unlawful for any person to commit battery.  A person commits battery if he knowingly or recklessly causes bodily injury to another person. 

(B) Battery is a criminal offense, punishable by a fine or imprisonment or both, as provided in Section 1-8-1, W.M.C. 

6-2-6:  UNLAWFUL ASSEMBLY:  (1224 2001)

(A) It shall be unlawful for two (2) or more persons to assemble together for the purpose of committing any crime or for the purpose of committing a violation of any municipal ordinance. 

(B) It shall be unlawful for two (2) or more persons to assemble together in such a disorderly manner as to threaten or disturb the public peace by unreasonably denying or interfering with the rights of others to peacefully use their property or public facilities without obstruction, interference, or disturbance. 

(C) Nothing in this Section shall be construed to prohibit peaceful assemblies. 

(D) It shall be unlawful to disobey a lawful order of a police officer to disperse from obstructing vehicle or pedestrian traffic, from occupying a public building after regular business hours in areas not normally open to the public, or in such a manner as to interfere with, delay or impede the normal and orderly conduct of business conducted in the building. 

(E) Unlawful assembly is a criminal offense, punishable by a fine or imprisonment or both, as provided in Section 1-8-1, W.M.C. 

6-2-7:  ENGAGING IN A RIOT:  (1224 2001)

(A) It shall be unlawful for any person to engage in a riot.  "Riot" means a public disturbance involving an assemblage of five (5) or more persons that by tumultuous and violent conduct creates grave danger of injury to property or persons or substantially obstructs the performance of any governmental function; provided, however, that if such person employs a deadly weapon or destructive device, then this Section shall have no application.

(B) Engaging in a riot is a criminal offense, punishable by a fine or imprisonment or both, as provided in Section 1-8-1, W.M.C.

6-2-8:  FALSE IMPRISONMENT:  (2364)

(A) Any person who knowingly confines or detains another without the other's consent and without proper legal authority commits false imprisonment.  This Section shall not apply to a peace officer acting in good faith within the scope of the officer's duties.

(B) False imprisonment is a criminal offense, punishable by a fine or imprisonment or both, as provided in Section 1-8-1, W.M.C.

6-2-9:  FIREARMS:  (1224 2001 3070)

(A) It shall be unlawful for any person to intentionally, knowingly or recklessly discharge firearms, deadly weapons or destructive devices of any kind or description within the limits of the City; provided, however, that this shall not apply to police officers in the discharge of their duties.

(B) EXCEPTIONS; PERMITS:  The City Manager may at any time, upon receipt of proper application, grant a permit to shooting galleries, gun clubs, rifle ranges, and others for shooting in fixed locations.  Such permits shall be in writing and shall conform to such requirements as the City Manager shall specify, after consulting with the Police Chief, necessary to protect the public health, safety and welfare.   The permits thus issued shall be subject to revocation at any time by the City Manager pursuant to Chapter 1 of Title V of this Code.

(C) Except as provided in Section 6-2-10, W.M.C., it shall be a criminal offense for anyone to possess a deadly weapon while on City premises. 

(D) A violation of this Section is a criminal offense, punishable by a fine or imprisonment or both, as provided in Section 1-8-1, W.M.C.

6-2-10:  CONCEALED WEAPONS:  (1270 2001 3070)

(A) It shall be unlawful for any person, other than a police officer, to carry concealed on or about his person any deadly weapon, except a person who, at the time of carrying a concealed handgun, had a valid written permit to carry the handgun issued pursuant to State law.

(B) It shall be an affirmative defense that the defendant was: 

(1) A person in his own dwelling or place of business or on property owned or under his control at the time of the act of carrying; or

(2) A person in a private automobile or other private means of conveyance, who carries a weapon for lawful protection of his or another person’s or property while traveling.

(C) All persons carrying a concealed handgun must show, upon request of a police officer, proof of written permit issued pursuant to State law. 

(D) Nothing in this Section shall be construed to forbid a police officer, an armored car employee providing money transport from a City facility, a private security guard hired by the City, or other duly authorized City employee from carrying a weapon.

(E) It shall be a criminal offense for anyone, other than a police officer, an armored car employee providing money transport from a City facility, a private security guard hired by the City, or an authorized City employee, to carry any weapon in view onto or in a City premises.  Possession of a concealed handgun permit shall be of no defense if the handgun is carried in such a manner as to be visible, in whole or in part, or accessible for any length of time to another individual.

(F) DEFINITIONS:  The following words, terms and phrases, when used in this Section, shall have the following meaning, unless the context clearly indicates otherwise:

“City Premises” shall mean any City-owned recreation facility, office building, library, park, open space, trail, golf course, ice center, or other City property open to the public.

 “Handgun” shall mean 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 twelve inches (12”).

 (G) Carrying a concealed weapon in violation of the above subsections is a criminal offense, punishable by a fine or imprisonment or both, as provided in Section 1-8-1, W.M.C. 

6-2-11:  ILLEGAL WEAPONS: (2001)

(A) DEFINITIONS:  The following words, terms and phrases, when used in this Section, shall have the following meaning, unless the context clearly indicates otherwise:

“Blackjack” shall mean any billy, sand club, sandbag, or other hand-operated striking weapon consisting of, at the striking end, an encased piece of lead or other heavy substance and, at the handle end, a strap or springy shaft that increases the force of impact.

“Gas Gun” shall mean a device designed for projecting gas-filled projectiles that release their contents after having been projected from the device and includes projectiles designed for use in such a device.

“Gravity Knife” shall mean any knife that has a blade released from the handle or sheath thereof by the force of gravity or the application of centrifugal force that, when released, is locked in place by means of a button, spring, lever, or other device. 

“Metallic Knuckles” shall mean a weapon worn on the hand, consisting of a metal strip or chain with holes or links into which the fingers fit.

“Nunchaku” shall mean an instrument consisting of two (2) sticks, clubs, bars, or rods to be used as handles, connected by a rope, cord, wire or chain that is in the design of a weapon used in connection with the practice of a system of self-defense.

“Switchblade Knife” shall mean any knife, the blade of which opens automatically by hand pressure applied to a button, spring, or device in its handle.

“Throwing Start” shall mean a disk having sharp radiating points or any disk-shaped bladed object that is hand-held and thrown and that is in the design of a weapon used in connection with the practice of a system of self-defense.

(B) It shall be unlawful for any person to knowingly possess an illegal weapon, unless such person is a peace office as defined by State law while acting in the lawful discharge of his duties, or such person has a valid permit and license for possession of such weapon.  An "illegal weapon" means a blackjack, gas gun, gravity knife, metallic knuckles or switchblade knife. 

(C) It shall be unlawful to knowingly aim, swing, or throw a throwing star or nunchaku at another person or to knowingly possess a throwing star or nunchaku in a public place, except for the purpose of presenting an authorized public demonstration or exhibition, receiving instruction in conjunction with an organized school or class, or transporting the throwing star or nunchaku in a closed container for said demonstration or instruction. 

(D) Upon the motion of the prosecuting attorney after the conviction of a defendant, the court may order the forfeiture of any illegal weapon as an element of sentencing, or as a condition of probation or of a deferred sentence. 

(E) Violation of this Section is a criminal offense, punishable by a fine or imprisonment or both, as provided in Section 1-8-1, W.M.C.

6-2-12:  POSSESSION OF FIREARMS BY JUVENILES:  (2138)

(A) It shall be unlawful for any juvenile to have in such juvenile's possession any firearm.

(B) The prohibition contained in subsection (A) of this Section shall not apply when a juvenile is in the actual company of the juvenile's parent or legal guardian.

(C) It shall be an affirmative defense to the offense described in subsection (A) of this Section that the juvenile was, at the time of such possession:

(1) Traveling directly to or from or engaging in:

(a) A hunter's safety course approved by the Colorado Division of Wildlife; or
(b) An organized firearms safety course taught by an adult of at least twenty-one (21) years of age; or
(c) Practicing the use of firearms at an authorized shooting range; or
(d) An organized competition involving the use of firearms at an authorized shooting range; or
(e) Holding a valid hunting license issued pursuant to Article 4 of Title 33, C.R.S., and was actively engaged in traveling to or returning from a lawful activity relating to hunting, pursuant to any such license; and such juvenile was at all times traveling or engaging in such activity under the direct supervision of an adult who is twenty-one (21) years of age or older and who has the permission of the juvenile's parent or legal guardian to supervise the juvenile in the use of the firearm.

(2) In the juvenile's residence.

(D) DEFINITIONS:  The following words, terms and phrases, when used in this Section, shall have the following meaning, unless the context clearly indicates otherwise:

“Authorized Shooting Range” shall mean any shooting ranges within the City whose safety rules have been approved by the City Manager pursuant to Section 6-2-9(B), W.M.C.,  and any established shooting ranges operating outside of the City limits.

“Juvenile” shall mean a person seventeen (17) years of age or younger.

(E) It shall be unlawful for any adult to provide a firearm intentionally, knowingly, or by criminal negligence to any juvenile in violation of this Section, or for any parent or legal guardian of any juvenile, who knows of such juvenile's violation of this Section, to fail to make reasonable efforts to prevent such violation.

(F) It shall be unlawful for any person to store or keep a firearm in such a criminally negligent manner so as to create a situation or circumstance that allows a juvenile to gain access or makes it likely that a juvenile will gain access to such firearm under circumstances not described in
subsection (B) above.  Criminal negligence may be inferred if a juvenile gains access to a firearm because it was not secured in a locked place.

(G) PENALTIES:

(1) In the event a defendant enters a plea of guilty or no contest to this Section or is found guilty at trial, the firearm that was the subject of the violation of this Section shall be subject to forfeiture upon order of the court.

(2) A violation of this Section is a criminal offense, punishable by a fine or imprisonment or both, as provided in Section 1-8-1, W.M.C.  Minimum fines upon conviction shall be imposed as listed below and the Municipal Court shall not have discretion to suspend or reduce these fines:

(a) First Offense:  Fine of not less than two hundred fifty dollars ($250).
(b) Second Offense:  Fine of not less than five hundred dollars ($500).
(c) Third or Additional Offenses:  Fine of not less than one thousand dollars ($1,000).

(3) A minimum jail sentence of fifteen (15) days shall be imposed for any violation after the first conviction of a violation of this Section.  The Municipal Court shall not have discretion to suspend or reduce this jail sentence.

(4) The Municipal Court may substitute up to one hundred twenty (120) hours of community service for either the mandatory fine or a sentence of imprisonment for any violation of this Section.

6-2-13:  OBSTRUCTION OF THE SEEKING OF EMERGENCY ASSISTANCE: (3119)

(A) It shall be unlawful for a person to knowingly obstruct or otherwise interfere with anyone who is seeking medical, police, fire or other emergency assistance from any person or agency, public or private.

(B) Obstruction of the seeking of emergency assistance is a criminal offense, punishable by a fine or imprisonment or both, as provided in Section 1-8-1, W.M.C.

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