CHAPTER 10 General Offenses
CHAPTER 10 General Offenses
ARTICLE I - General Provisions
ARTICLE II - Attempt, Conspiracy, Complicity and Accessory
ARTICLE III - Offenses Against the Person
ARTICLE IV - Offenses Against Property
ARTICLE V - Offenses Involving Fraud
ARTICLE VI - Offenses Relating to Drugs
ARTICLE VII - Offenses Relating to Alcohol
ARTICLE VIII - Offenses Relating to Morals
ARTICLE IX - Governmental Operations
ARTICLE X - Public Peace, Order and Decency
ARTICLE XI - Weapons
ARTICLE XII - Fireworks
ARTICLE XIII - Street Gang Activity
ARTICLE XIV - Minors
ARTICLE XV - Miscellaneous Offenses
ARTICLE XVI - Skate Park Regulations
ARTICLE I General Provisions
Sec. 10-1-10. Adopted.
Sec. 10-1-20. Legislative purpose.
Sec. 10-1-30. Local question.
Sec. 10-1-40. Irreconcilable ordinances.
Sec. 10-1-50. Application of Code.
Sec. 10-1-60. Classification of violations.
Sec. 10-1-70. Violations.
Sec. 10-1-80. Statute of limitations.
Sec. 10-1-90. Reserved.
Sec. 10-1-100. Court costs.
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Sec. 10-1-110. Alternatives in sentencing.
Sec. 10-1-10. Adopted.
Pursuant to Part 2 of Article 16 of Title 31, C.R.S., there is adopted by reference, in part, Title 18,
C.R.S., officially approved, adopted and published by the State, of which one (1) copy is on file at the Town
Hall and may be inspected during regular business hours, pursuant to the adopted ordinance.
(Ord. 333 §1, 2000)
Sec. 10-1-20. Legislative purpose.
It is the purpose of this Chapter to provide for the public health, safety and welfare of the Town.
(Ord. 333 §1, 2000)
Sec. 10-1-30. Local question.
It is the intention of the Board of Trustees that the ordinances and provisions of this Chapter deal with
matters of "local" and "mixed" state and local concern and that no provision of this Chapter is to be
construed expressly or by implication to permit conduct that is illegal under state law or to prohibit conduct
that is expressly permitted by state law. The provisions of this Chapter are to be construed to apply to
misdemeanors and other minor and petty offenses only and are not to be interpreted to apply to conduct
that is defined as a felony under state law.
(Ord. 333 §1, 2000)
Sec. 10-1-40. Irreconcilable ordinances.
If the Board of Trustees enacts an ordinance that is irreconcilable with another provision of this
Chapter, the ordinance whose effective date is latest prevails.
(Ord. 333 §1, 2000)
Sec. 10-1-50. Application of Code.
(a) A person is subject to prosecution in Municipal Court for a violation committed through the conduct of
such person or through the conduct of another for whom such person is legally accountable, if:
(1) The conduct constitutes a violation and is committed either wholly or partly within the Town;
(2) The conduct outside the Town constitutes an attempt, as defined by this Chapter, to commit a
violation within the Town;
(3) The conduct outside the Town constitutes a conspiracy to commit a violation within the Town,
and an act in furtherance of the conspiracy occurs in the Town; or
(4) The conduct within the Town constitutes an attempt, solicitation or conspiracy to commit in
another jurisdiction a violation prohibited under the laws of the Town and such other jurisdiction.
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CHAPTER 10 General Offenses
(b) Whether a violator is in or outside the Town is immaterial to the commission of a violation based on
an omission to perform a duty imposed by the law of the Town.
(c) Town, as used in this Chapter and in any summons, summons and complaint or complaint alleging a
violation of the Code or any ordinance, includes both the area within the territorial limits of the Town
of Lochbuie, Colorado, and also those areas over which extraterritorial police power has been granted
by the statutes of this State. It is the intent of the Board of Trustees to extend the territorial jurisdiction
of the Municipal Court as widely as possible. However, where specific sections of this Chapter require
that the violation occur within the Town, then the offense is limited to the territorial limits of the Town.
(Ord. 333 §1, 2000)
Sec. 10-1-60. Classification of violations.
Violations of this Code shall be classified as misdemeanors, Class 1 petty offenses or Class 2 petty
offenses.
(Ord. 333 §1, 2000)
Sec. 10-1-70. Violations.
(a) Any act or omission declared to be a violation or to be unlawful or required or prohibited by the phrase
"no person shall," or similar mandatory language in or by this Code or any ordinance of the Town or
any rule promulgated thereunder, constitutes a violation.
(b) Unless otherwise specifically provided in this Code, an ordinance of the Town or a rule promulgated
thereunder, every day of a violation of this Code, ordinance or rule constitutes a separate violation.
(c) The following sections of this Code are designated noncriminal violations. Any person charged with
violating any provision of this Code so designated shall not be subject to incarceration upon conviction.
Further, such person shall not be entitled to a trial by jury.
10-2-10
Criminal attempt (where the violation attempted is noncriminal)
10-2-20
Conspiracy (where the conspiracy involves noncriminal violation)
10-2-30
Complicity
10-2-40
Accessory to crime (where violation is noncriminal)
10-4-30
Obtaining control over any stolen thing of value
10-4-50
Theft by receiving
10-4100
Tampering with a utility meter
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CHAPTER 10 General Offenses
10-4120
Defacing posted notice
10-4130
Littering of public and private property
10-4140
Use of a noxious substance
10-5-10
Unlawfully using slugs
10-6-20
Possession of drug paraphernalia
10-6-30
Unlawful possession of marijuana; unlawful procurement for or sales to a minor of
marijuana
10-6-40
Unlawful display, consumption or use in public places
10-7-20
License to manufacture, sell
10-7-60
Possession and consumption of alcoholic beverages in public prohibited
10-7-70
Alcohol-selling establishments
10-7-80
Open containers; permits
10-9-50
Compounding
10-9-60
False reporting to authorities
10-9-70
Interference with alarm system; false alarm
10-1020
Disrupting lawful assembly
10-1050
Desecration of venerated objects
10-1060
Hindering transportation
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10-1070
Throwing missiles at vehicles
10-1090
Public urination
10-1420
Curfew for minors
10-1510
Disturbances
10-1520
Gambling
10-1540
Bottles, littering prohibited
10-1550
Barbed wire fences prohibited
10-1560
Motorbike
7, Art II
Weeds, Brush, Rubbish
7-6-10
Dog license required
7-6-130
Dog running at large
7-6-160
Prohibited animals
7-6-170
Cruelty to animals prohibited
7-6-180
Barking dogs
8-2-40
Junk vehicles prohibited
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CHAPTER 10 General Offenses
(d) The following sections of this Code are designated criminal violations. Any person charged with
violating any provision of this Code so designated may be subject to incarceration, in addition to fines
and costs, upon conviction. Further, such person may be entitled to a trial by jury upon meeting the
requirements of Section 2-4-150 of this Code.
10-2-10
Criminal attempt (where the violation attempted is criminal)
10-2-20
Conspiracy (where the conspiracy involves criminal violation)
10-2-30
Complicity
10-2-40
Accessory to crime (where violation is criminal)
10-3-10
Menacing
10-3-20
Reckless endangerment
10-3-30
False imprisonment
10-3-40
Assault
10-4-10
Fourth degree arson
10-4-20
Theft
10-4-40
Motor vehicle theft
10-4-60
Criminal mischief
10-4-70
Second degree criminal trespass
10-4-80
Third degree criminal trespass
10-4-90
Second degree criminal tampering
10-4-110
Damaging public property
10-5-20
Fraud by checks
10-7-30
Sale of malt, vinous or spirituous liquors
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CHAPTER 10 General Offenses
10-7-40
Sale to minor
10-7-50
Underage possession, consumption or sale of alcohol
10-7-60
Possession and consumption of alcoholic beverages in public
10-8-10
Indecent exposure
10-9-10
Resisting arrest
10-9-20
Obstructing a peace officer or firefighter
10-9-30
Refusing to aid a peace officer
10-9-40
Interference with firefighters on duty
10-9-80
Impersonating a peace officer
10-9-90
Escapes
10-10-10
Disorderly conduct
10-10-30
Harassment
10-10-40
Loitering
10-11-10
Unlawfully carrying a concealed weapon; unlawful possession of weapons
10-11-20
Prohibited use of weapons
10-11-30
Unlawfully carrying concealed or possessing weapons on school, college or university
grounds
10-11-40
Discharge of firearms
10, Art
XII
Fireworks
10-14-10
Child abuse
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CHAPTER 10 General Offenses
10-16-30
Skate Park rules and regulations
7-6-190
Vicious animals
(e) Any provision of this Code or any ordinance of the Town not specifically designated as noncriminal or
criminal in nature shall be presumed to be noncriminal, provided that there is no counterpart state
statute for which, upon conviction, incarceration is possible.
(Ord. 333 §1, 2000; Ord. 467 §4, 2005; Ord. 478 §3, 2005; Ord. 601, §1, 2013)
Sec. 10-1-80. Statute of limitations.
No person shall be prosecuted, tried or punished for any violation under this Code or any ordinance
unless the action for said violation is instituted within one (1) year of the date of the alleged violation, but
the statute of limitations within which a prosecution must be instituted shall be tolled for any period in which
a prosecution is pending against the accused for the same conduct, even if the summons, complaint or
summons and complaint that commences the prosecution is quashed or the proceedings thereon are set
aside or reversed on appeal.
(Ord. 333 §1, 2000)
Sec. 10-1-90. Reserved.
Editor's note— Ord. No. 609, § 9, adopted June 17, 2013, repealed § 10-1-90, which pertained
to penalties and derived from Ord. 333, §1, 2000.
Sec. 10-1-100. Court costs.
Court costs in an amount to be set by the Board of Trustees by resolution may be assessed by the
presiding Municipal Judge against any defendant in the Municipal Court.
(Ord. 333 §1, 2000; Ord. 395 §1, 2003; Ord. 445 §2, 2004; Ord. 573 §4, 2011)
Sec. 10-1-110. Alternatives in sentencing.
When a defendant enters a plea of guilty or nolo contendere or is convicted, the Municipal Court has
the following alternatives which are not mutually exclusive in entering judgment and imposing sentence:
(1) The defendant may be sentenced to pay a fine, to imprisonment or both, within the minimum and
maximum sentence authorized pursuant to this Code.
(2) All or part of the sentence may be suspended and the defendant placed on probation for a term
not longer than one (1) year.
(3) The Court, with the consent of the defendant and the prosecution, may defer judgment and
sentence for a term not longer than one (1) year.
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(4) The Court may order that the defendant make restitution to the victim of his or her conduct for the
actual damage or loss that was sustained. The Court shall fix the manner and time for
performance.
(Ord. 333 §1, 2000)
ARTICLE II Attempt, Conspiracy, Complicity and Accessory
Sec. 10-2-10. Criminal attempt.
Sec. 10-2-20. Conspiracy.
Sec. 10-2-30. Complicity.
Sec. 10-2-40. Accessory to crime.
Sec. 10-2-10. Criminal attempt.
(a) A person commits criminal attempt if, acting with the kind of culpability otherwise required for
commission of an offense, he or she 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 firmness 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 commits criminal
attempt if the conduct would establish his or her complicity under Section 18-1-603, C.R.S., 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 affirmative defense to a charge under this Section that the defendant abandoned his or her
effort to commit the crime or otherwise prevented its commission, under circumstances manifesting
the complete and voluntary renunciation of this criminal intent.
(Ord. 333 §1, 2000)
Sec. 10-2-20. Conspiracy.
(a) A person commits conspiracy to commit a crime if, with the intent to promote or facilitate its
commission, he or she agreed with another person or persons that they, or one (1) or more of them,
will engage in conduct which constitutes a crime or an attempt to commit a crime, or he or she agreed
to aid the other person or persons in the planning or commission of a crime or of an attempt to commit
such crime.
(b) No person may be convicted of conspiracy to commit a crime, unless an overt act in pursuance of that
conspiracy is proved to have been done by him or her or by a person with whom he or she conspired.
(c) If a person knows that one with whom he or she conspires to commit a crime has conspired with
another person or persons to commit the same crime, he or she is guilty of conspiring to commit a
crime with the other person or persons, whether or not he or she knows their identity.
(d) If a person conspires to commit a number of crimes, he or she is guilty of only one (1) conspiracy so
long as such multiple crimes are part of a single criminal episode.
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(Ord. 333 §1, 2000)
Sec. 10-2-30. Complicity.
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, he or she aids, abets or advises the
other person in planning or committing the offense.
(Ord. 333 §1, 2000)
Sec. 10-2-40. Accessory to crime.
(a) A person is an accessory to crime if, with intent to hinder, delay or prevent the discovery, detection,
apprehension, prosecution, conviction or punishment of another for the commission of a crime, he or
she renders assistance to such person.
(b) Render assistance means to:
(1) Harbor or conceal the other;
(2) Warn such person of impending discovery or apprehension; except that this does not apply to a
warning given in an effort to bring such person into compliance with the law;
(3) Provide such person with money, transportation, weapon, disguise or other thing to be used in
avoiding discovery or apprehension;
(4) By force, intimidation or deception, obstruct anyone in the performance of any act which might
aid in the discovery, detection, apprehension, prosecution or punishment of such person; or
(5) Conceal, destroy or alter any physical evidence that might aid in the discovery, detection,
apprehension, prosecution, conviction or punishment of such person.
(Ord. 333 §1, 2000)
ARTICLE III Offenses Against the Person
Sec. 10-3-10. Menacing.
Sec. 10-3-20. Reckless endangerment.
Sec. 10-3-30. False imprisonment.
Sec. 10-3-40. Assault.
Sec. 10-3-10. Menacing.
A person commits the crime of menacing if, by any threat or physical action, he or she knowingly
places or attempts to place another person in fear of imminent serious bodily injury. Menacing is a
misdemeanor.
(Ord. 333 §1, 2000)
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CHAPTER 10 General Offenses
Sec. 10-3-20. Reckless endangerment.
A person who recklessly engages in conduct which creates a substantial risk of serious bodily injury
to another person commits reckless endangerment, which is a misdemeanor.
(Ord. 333 §1, 2000)
Sec. 10-3-30. False imprisonment.
Any person who knowingly confines or detains another without the other's consent and without proper
legal authority commits false imprisonment, which is a misdemeanor. This Section shall not apply to a
peace officer acting in good faith within the scope of his or her duties.
(Ord. 333 §1, 2000)
Sec. 10-3-40. Assault.
A person commits the crime of assault if he or she intentionally, knowingly or recklessly causes bodily
injury to another; except that this provision shall not apply if such bodily injury is inflicted by means of a
deadly weapon.
(Ord. 333 §1, 2000)
ARTICLE IV Offenses Against Property
Sec. 10-4-10. Fourth degree arson.
Sec. 10-4-20. Theft.
Sec. 10-4-30. Obtaining control over any stolen thing of value.
Sec. 10-4-40. Motor vehicle theft.
Sec. 10-4-50. Theft by receiving.
Sec. 10-4-60. Criminal mischief.
Sec. 10-4-70. Second degree criminal trespass.
Sec. 10-4-80. Third degree criminal trespass.
Sec. 10-4-90. Second degree criminal tampering.
Sec. 10-4-100. Tampering with a utility meter.
Sec. 10-4-110. Damaging public property.
Sec. 10-4-120. Defacing posted notice.
Sec. 10-4-130. Littering of public and private property.
Sec. 10-4-140. Use of a noxious substance.
Sec. 10-4-150. Defacing property.
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CHAPTER 10 General Offenses
Sec. 10-4-10. Fourth degree arson.
A person who knowingly or recklessly starts or maintains a fire or causes an explosion, on his or her
own property or that of another, and by so doing places any building or occupied structure of another in
danger of damage, commits fourth degree arson.
(Ord. 333 §1, 2000)
Sec. 10-4-20. Theft.
(a) A person commits theft when he or she knowingly obtains or exercises control over anything of value,
where the value of the thing involved is less than one thousand dollars ($1,000.00), of another without
authorization or by threat or deception, 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 manner as to deprive the other
person permanently of its use or benefit;
(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 or she is not legally entitled as a condition of restoring
the thing of value to the other person.
(b) For purposes of this Section, a thing of value is that of "another" if anyone other than the defendant
has a possessory or proprietary interest therein.
(c) Questioning of person suspected of theft without liability. If any person triggers an alarm or a theft
detection device, as defined herein, or conceals upon his or her person or otherwise carries away any
unpurchased goods, wares or merchandise held or owned by any store or mercantile establishment,
the merchant, any employee thereof or any police 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 is guilty of theft. Such questioning of a
person by a merchant, merchant's employee or police officer does not render the merchant, merchant's
employee or police officer civilly or criminally liable for slander, false arrest, false imprisonment,
malicious prosecution or unlawful detention. As used in this Section, theft detection device means an
electronic or magnetic mechanism, machine, apparatus, tag or article designed and operated for the
purpose of detecting the unauthorized removal of merchandise from a store or mercantile
establishment.
(d) For the purposes of this Section, any reference or mention of stealing, false pretenses or shoplifting
shall be interpreted as if the word "theft" were substituted therefor.
(e) Theft is a criminal offense, punishable by a fine or imprisonment, or both, as provided in Section 1-420 of this Code.
(Ord. 333 §1, 2000; Ord. 569 §1, 2010)
Sec. 10-4-30. Obtaining control over any stolen thing of value.
Every person who obtains control over any stolen thing of value, knowing the thing of value to have
been stolen by another, may be tried, convicted and punished, whether or not the principal is charged, tried
or convicted.
(Ord. 333 §1, 2000)
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CHAPTER 10 General Offenses
Sec. 10-4-40. Motor vehicle theft.
A person who knowingly obtains or exercises control over the motor vehicle of another without
authorization or by threat or deception commits motor vehicle theft. Motor vehicle theft is a misdemeanor.
(Ord. 333 §1, 2000)
Sec. 10-4-50. Theft by receiving.
(a) A person commits theft by receiving when he or she 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 or she intends to deprive the lawful owner permanently of the use or benefit of
the thing of value.
(b) Theft by receiving is a misdemeanor.
(Ord. 333 §1, 2000)
Sec. 10-4-60. Criminal mischief.
It is unlawful for any person to knowingly damage the real or personal property of one (1) or more other
persons in the course of a single criminal episode, where the aggregate damage to the real or personal
property is less than five hundred dollars ($500.00).
(Ord. 333 §1, 2000)
Sec. 10-4-70. Second degree criminal trespass.
A person commits the crime of second degree criminal trespass if he or she unlawfully enters or
remains in or upon premises which are enclosed in a manner designed to exclude intruders or are fenced,
or if he or she knowingly and unlawfully enters or remains in or upon the premises of a hotel, motel,
condominium or apartment building. Second degree criminal trespass is a misdemeanor.
(Ord. 333 §1, 2000)
Sec. 10-4-80. Third degree criminal trespass.
A person commits the crime of third degree criminal trespass if he or she unlawfully enters or remains
in or upon premises.
(Ord. 333 §1, 2000)
Sec. 10-4-90. Second degree criminal tampering.
Except as provided in Section 10-4-100, a person commits the crime of second degree criminal
tampering if he or she tampers with property of another with intent to cause injury, inconvenience or
annoyance to that person or to another, or if he or she knowingly makes unauthorized connection with
property of a utility. Second degree criminal tampering is a misdemeanor.
(Ord. 333 §1, 2000)
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Sec. 10-4-100. Tampering with a utility meter.
(a) Any person who connects any pipe, tube, stopcock, wire, cord, socket, motor or other instrument or
contrivance with any main, service pipe or other medium conducting or supplying gas, water or
electricity to any building without the knowledge and consent of the person supplying such gas, water
or electricity commits a misdemeanor.
(b) Any person who in any manner alters, obstructs or interferes with the action of any meter provided for
measuring or registering the quantity of gas, water or electricity passing through said meter without
the knowledge and consent of the person owning said meter commits a misdemeanor.
(c) Nothing in this Section shall be construed to apply to any licensed electrical or plumbing contractor
while performing usual and ordinary services in accordance with recognized customs and standards.
(Ord. 333 §1, 2000)
Sec. 10-4-110. Damaging public property.
No person shall damage, move, remove, destroy or injure in any manner whatsoever or cause to be
damaged, moved, removed, destroyed or injured any grass, tree, shrub, plant, flower, railing, bridge,
culvert, sign, building or any other property whatsoever belonging to the Town or under the possession and
control of the Town, unless done pursuant to a written permit or contract from the Town.
(Ord. 333 §1, 2000)
Sec. 10-4-120. Defacing posted notice.
Any person who knowingly mars, destroys or removes any posted notice authorized by law commits
a Class 1 petty offense.
(Ord. 333 §1, 2000)
Sec. 10-4-130. Littering of public and private property.
(a) Any person who deposits, throws or leaves any litter on any public or private property or in any waters
commits littering.
(b) The term litter, as used in this Section, means all rubbish, waste material, refuse, garbage, trash,
debris or other foreign substances, solid or liquid, of every form, size, kind and description.
(c) It shall be an affirmative defense that:
(1) 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;
(2) The litter is placed in a receptacle or container installed on such property for that purpose; or
(3) Such person is the owner or tenant in lawful possession of such property, or he or she 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.
(d) The phrase public or private property as used in this Section includes, but is not limited to, the rightof-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 refuge, conservation or recreation area, and
any residential, farm or ranch properties or timberlands.
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CHAPTER 10 General Offenses
(e) It is in the discretion of the court, upon the conviction of any person and the imposition of a fine under
this Section, to suspend any or all of the fine in excess of the mandatory minimum fine upon the
condition that the convicted person gather and remove from specified public property or lawful
possession thereof, any litter found thereon, or upon the condition that the convicted person pick up
litter at the time prescribed by and a place within the jurisdiction of the court for not less than eight (8)
hours upon a second or subsequent conviction.
(f)
Whenever litter is thrown, deposited, dropped or dumped from any motor vehicle in violation of this
Section, the operator of said motor vehicle is presumed to have caused or permitted the litter to be so
thrown, deposited, dropped or dumped therefrom.
(Ord. 333 §1, 2000)
Sec. 10-4-140. Use of a noxious substance.
(a) Any person who deposits on the land or in the building or vehicle of another, without his or her consent,
any stink bomb or device, irritant or offensive-smelling substance, with the intent to interfere with
another's use or enjoyment of the land, building or vehicle, commits a misdemeanor.
(b) It shall be an affirmative defense that a peace officer in the performance of his or her duties reasonably
used a noxious substance.
(Ord. 333 §1, 2000)
Sec. 10-4-150. Defacing property.
It is unlawful for any person to deface or cause, aid in or permit the defacing of public or private property
without the consent of the owner by any method of defacement, including but not limited to painting,
drawing, writing or otherwise marring the surface of the property by use of paint, spray paint, ink or any
other substance or object. Any person convicted of violating this Section shall be ordered by the court to
personally make repairs to any property damaged, or properties similarly damaged, if possible. In addition,
upon each conviction for defacing property pursuant to this Section, the offender's driver's license shall be
revoked as provided in Section 42-2-125, C.R.S.
(Ord. 333 §1, 2000)
ARTICLE V Offenses Involving Fraud
Sec. 10-5-10. Unlawfully using slugs.
Sec. 10-5-20. Fraud by check.
Sec. 10-5-10. Unlawfully using slugs.
(a) A person commits unlawfully using slugs if:
(1) With intent to defraud the vendor of property or a service sold by means of a coin machine, he or
she knowingly inserts, deposits or uses a slug in such machine or causes the machine to be
operated by any other unauthorized means; or
(2) He or she makes, possesses or disposes of a slug or slugs with intent to enable a person to use
it or them fraudulently in a coin machine.
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CHAPTER 10 General Offenses
(b) Slug means any object or article which, by virtue of its size, shape or any other quality, is capable of
being inserted, deposited or otherwise used in a coin machine as an improper but effective substitute
for a genuine coin, bill or token, and of thereby enabling a person to obtain without valid consideration
the property or service sold through the machine.
(Ord. 333 §1, 2000)
Sec. 10-5-20. Fraud by check.
(a) A person violates this Section if he or she issues or passes a check or similar sight order for the
payment of money in an amount less than five hundred dollars ($500.00), knowing that the issuer does
not have sufficient funds in or on deposit with the bank or other drawee for the payment in full of the
check or order, as well as all other checks or orders outstanding at the time of the issuance.
(b) This Section does not relieve the prosecution from the necessity of establishing the required
knowledge by evidence. However, for purposes of this Section, the issuer's knowledge of insufficient
funds is presumed, except in the case of a postdated check or order, if:
(1) He or she has no account with the bank or other drawee at the time he or she issues the check
or order; or
(2) He or she has insufficient funds upon deposit with the bank or other drawee to pay the check or
order, on presentation within thirty (30) days after issuance.
(c) Insufficient funds means not having a sufficient balance in account with a bank or other drawee for the
payment of a check or order when the check or order is presented for payment and it remains unpaid
thirty (30) days after such presentment.
(d) A bank shall not be civilly or criminally liable for releasing information relating to the issuer's account
to a police officer investigating or prosecuting a charge under this Section.
(Ord. 333 §1, 2000)
ARTICLE VI Offenses Relating to Drugs
Sec. 10-6-10. Definitions.
Sec. 10-6-20. Possession of drug paraphernalia.
Sec. 10-6-30. Unlawful possession of marijuana; unlawful procurement for or sales to a minor of
marijuana.
Sec. 10-6-40. Unlawful display, consumption or use in public places.
Sec. 10-6-50. Substances releasing toxic vapors.
Sec. 10-6-10. Definitions.
As used in this Article, the following words shall have the meanings ascribed hereafter:
Controlled substance means a drug or an immediate precursor which is declared to be a
controlled substance under Section 18-18-101, et seq., C.R.S., and also includes marijuana, marijuana
concentrate and cocaine.
Drug paraphernalia 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,
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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 in violation of the laws of the State. Drug
paraphernalia includes, but is not limited to:
a.
Testing equipment used, intended for use or designed for use in identifying or in analyzing
the strength, effectiveness or purity of controlled substances under circumstances in
violations of state law;
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 marijuana;
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; or
g.
Objects used, intended for use or designed for use in ingesting, inhaling or otherwise
introducing marijuana, 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 punctured metal bowls;
2.
Water pipes;
3.
Carburetion tubes and devices;
4.
Smoking and carburetion masks;
5.
Roach clips, meaning objects used to hold burning material, 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;
9.
Electric pipes;
10. Air-driven pipes;
11. Chillums;
12. Bongs; or
13. Ice pipes or chillers.
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.
Public place means any place commonly or usually open to the general public or any resort
accessible to members of the general public. By way of illustration, public places include but are not
limited to, public ways, streets, public buildings, sidewalks, alleys parking lots, shopping centers,
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theaters, restaurants, malls, places of business open to the public, automobiles or other vehicles in or
upon such place or places, common public living areas in apartment or condominium complexes, but
shall not include the interior or enclosed yard area of private homes, residences, condominiums or
apartments
(Ord. 333 §1, 2000; Ord. 601, §2, 2013)
Sec. 10-6-20. Possession of drug paraphernalia.
(a) A person commits possession of drug paraphernalia if he or she possesses drug paraphernalia and
knows or reasonably should know that the drug paraphernalia could be used under circumstances in
violation of state law.
(b) Drug paraphernalia, determinations, considerations. In determining whether an object is drug
paraphernalia, the court, in its discretion, 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) The proximity of the object to controlled substances;
(3) The existence of any residue of controlled substances on the object; and
(4) Direct or circumstantial evidence of the knowledge of an owner or of anyone in control of the
object, or evidence that such person reasonably should know, that it will be delivered to persons
who he or she knows or reasonably should know, could use the object to facilitate a violation of
the laws of the State.
(c) The provisions of this Section shall not apply to personal possession or use of "Marijuana Accessories"
as such term is defined in Article XVIII, Section 16, of the Colorado Constitution by any person that is
twenty-one (21) years of age or older to the extent provided by Article XVIII, Section 16, of the Colorado
Constitution.
(Ord. 333 §1, 2000; Ord. 601, §3, 2013)
Sec. 10-6-30. Unlawful possession of marijuana; unlawful procurement for or sales to a
minor of marijuana.
(a) Except as to personal use or possession by any person that is twenty-one (21) years of age or older
to the extent provided by Article XVIII, Section 16, of the Colorado Constitution, it shall be unlawful to
possess less than one (1) ounce of marijuana. Upon entry of a judgment of a violation of this
Subsection (a), punishment shall be by a maximum fine of not more than one thousand dollars
($1,000.00) in accordance with the fine schedule adopted by the municipal court, which may also
include a requirement for community service within the Town. In addition, the court may take such
action to require the offender to surrender their minor driver's license, provisional driver's license,
driver's license or driver's permit to the court as provided in C.R.S. 42-2-125. If the court shall require
the offender to immediately surrender the offender's driver's, provisional driver's or temporary driver's
license or instructional permit to the court, the court shall forward to the department a notice of plea or
verdict on the form prescribed by the department, together with the offender's license or permit, not
later than ten (10) days after the surrender of the license or permit. Any person who does not
immediately surrender such person's license or permit to the court commits a traffic offense, unless
such person swears or affirms under oath administered by the court and subject to the penalties of
perjury, that the license or permit has been lost, destroyed or is not in said person's immediate
possession. Any person who swears or affirms that the license or permit is not in the immediate
possession of said person shall surrender said license or permit to the court within five (5) days of the
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sworn or affirmed statement and, if not surrendered within such time, said person commits a traffic
offense.
(b) It shall be unlawful for any person to purchase marijuana for consumption or possession by, or
otherwise provide marijuana for consumption or possession by, or to sell marijuana to, any person
under the age of twenty-one (21) years.
(c) It shall be unlawful for any person under the age of twenty-one (21) years to attempt to purchase,
purchase or obtain marijuana either directly or indirectly or through an intermediary by
misrepresentation of age or other means.
(Ord. 601, §4, 2013)
Editor's note— Ord. No. 601, § 4, adopted Feb. 5, 2013, repealed the former § 10-6-30, and
enacted a new § 10-6-30 as set out herein. The former § 10-6-30 pertained to possession of
marijuana and derived from Ord. 333, §1, 2000.
Sec. 10-6-40. Unlawful display, consumption or use in public places.
It is unlawful for any person to display, consume or use marijuana in any public place, upon property
owned, operated, leased or maintained by the State or any political subdivision or agency thereof, or upon
property owned, operated, leased or maintained by the Town.
(Ord. 601, §5, 2013)
Editor's note— Ord. 601, §5, adopted Feb. 5, 2013, renumbered the former § 10-6-40 as § 10-650 as set out herein. The former § 10-6-40 pertained to substances releasing toxic vapors. The
historical notation has been retained with the amended provisions for reference purposes.
Sec. 10-6-50. Substances releasing toxic vapors.
(a) Substances releasing toxic vapors defined. As used in this Article, the term substances releasing toxic
vapors means the following products: plastic (styrene) cements containing toluene, acetone, benzene,
aliphatic acetates (such as ethyl acetate and methylcellosolve acetate), hexane; model cements
containing acetone, toluene or naphtha of petroleum origin; household cements containing toluene,
acetone, isopropanol, methyl ethyl ketone or methyl isobutyl ketone; fingernail polish removers
containing acetone, aliphatic acetates, benzene or alcohol; lacquer thinners containing toluene,
aliphatic acetates or methyl, ethyl or propyl alcohol; lighter fluids or cleaning fluids containing naphtha
of petroleum origin, perchlorethylene, trichloroethane or carbon tetrachloride.
(b) Certain use, possession or purchase. No person shall intentionally smell or inhale the fumes of any
substance releasing toxic vapors for the purpose of causing a condition of euphoria, excitement,
exhilaration, stupefaction or dulled sense of nervous system, or possess, buy or use any such
substance for the purpose of violating or aiding another to violate this Section.
(c) Sale or other provision for intended illegal use. It is unlawful for any person knowingly to sell or offer
for sale, deliver or give away to any other person any substance releasing toxic vapors, where the
seller, offeror or deliverer knows or has reason to believe that such substance will be used for the
purpose of inducing a condition of euphoria, excitement, exhilaration, stupefaction or dulled senses or
nervous system.
(d) Exception for medical or dental use. This Article shall not apply to the inhalation of anesthesia for
medical or dental purposes.
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(Ord. 333 §1, 2000; Ord. 601, §5, 2013)
Note— See editor's note to § 10-6-40.
ARTICLE VII Offenses Relating to Alcohol
Sec. 10-7-10. Definitions.
Sec. 10-7-20. License to manufacture, sell.
Sec. 10-7-30. Sale of malt, vinous or spirituous liquors.
Sec. 10-7-40. Sale to minor.
Sec. 10-7-50. Underage possession, consumption or sale of alcohol prohibited.
Sec. 10-7-60. Possession and consumption of alcoholic beverages in public prohibited.
Sec. 10-7-70. Alcohol-selling establishments.
Sec. 10-7-80. Open containers; permits.
Sec. 10-7-10. Definitions.
For purposes of this Code, the following words shall have the meanings ascribed hereafter:
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 Section 25-5-410(1)(i)(II), C.R.S.
Fermented malt beverage means any beverage obtained by the fermentation of any infusion 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 (0.5%) 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 Section 25-5-410(1)(i)(II), C.R.S.
Lewd or indecent displays means performing acts of or acts which simulate:
a.
Sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation or any
sexual acts which are prohibited by law;
b.
The touching, caressing or fondling of the breast, buttocks, anus or genitals;
c.
The displaying of the pubic hair, anus, vulva or genitals; or
d.
The displaying of the post-pubertal human female breast below a point immediately above
the top of the areola or the displaying of the post-pubertal human female breast where the
nipple only, or the nipple and areola only, are covered.
Malt liquors includes beer and shall be construed to mean any beverage obtained by the alcoholic
fermentation of any infusion or decoction of barley, malt, hops or any other similar product, or any
combination thereof, in water containing more than three and two-tenths percent (3.2%) of alcohol by
weight.
Nudity means uncovered or less than opaquely covered post-pubertal human genitals, pubic
areas, the post-pubertal human female breast below a point immediately above the top of the areola
or the covered human male genitals in a discernibly turgid state. For purposes of this definition, a
female breast is considered uncovered if the nipple only, or the nipple and the areola only, are covered.
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Possession of alcoholic beverages means that a person has or holds any amount of alcoholic
beverages anywhere on his or her person, or that a person owns or has custody of alcoholic beverages
within his or her immediate presence and control.
Spirituous liquors means any alcoholic beverage obtained by distillation, mixed with water and
other substances in solution, and includes among other things brandy, rum, whiskey, gin and every
liquid or solid, patented or not, containing at least one-half of one percent (0.5%) alcohol and which is
fit for use for beverage purposes. Any liquid or solid containing beer or wine in combination with any
other liquor except malt liquors and vinous liquors shall be construed to be spirituous liquor.
Vinous liquors means wine and fortified wines which contain not less than one-half of one percent
(0.5%) and not more than twenty-one percent (21%) of alcohol by volume and shall be construed to
mean alcoholic beverage obtained by the fermentation of the natural sugar contents of fruits or other
agricultural products containing sugar.
(Ord. 333 §1, 2000)
Sec. 10-7-20. License to manufacture, sell.
It is unlawful for any person to manufacture for sale, to sell, barter or trade, or to offer to do so, any
fermented malt beverage, without first having obtained a license therefor in accordance with law. Three
point two percent (3.2%) beer means any beverage obtained by the alcoholic fermentation of any infusion
or decoction of barley, malt, hops, or any combination thereof in water, containing not more than three point
two percent (3.2%) of alcohol by weight.
(Ord. 333 §1, 2000)
Sec. 10-7-30. Sale of malt, vinous or spirituous liquors.
(a) It is unlawful for any licensed person to sell at retail malt, vinous or spirituous liquors to any person
under the age of twenty-one (21) years, to a habitual drunkard or to an intoxicated person; to permit
any malt vinous liquors to be sold or dispensed by a person under eighteen (18) years of age, or
spirituous liquors to be sold or dispensed by a person under twenty-one (21) years of age; or to permit
any such person to participate in the sale or dispensing thereof. If a person who, in fact, is not twentyone (21) years of age exhibits a fraudulent proof of age, any action relying on such fraudulent proof of
age shall not constitute grounds for the revocation or suspension of any license issued under this
Section.
(b) It is unlawful for any person licensed to sell, serve or distribute any malt, vinous or spirituous liquors
at any time other than the following:
(1) For consumption on the premises, on any Monday through Saturday and on any Sunday which
falls on December 31, beginning each day at 12:00 midnight until 2:00 a.m. and from 7:00 a.m.
until 12:00 midnight;
(2) For consumption on the premises, on any Sunday, other than any Sunday which falls on a
December 31, and on Christmas, beginning at 12:00 midnight until 2:00 a.m. and from 8:00 a.m.
until 8:00 p.m.
(3) Notwithstanding Paragraphs (1) and (2) above, for consumption on the premises on the day
following Christmas, beginning at 7:00 a.m. until 12:00 midnight.
(4) Notwithstanding, hotel and restaurant licensees, beer and wine licensees, tavern licensees, club
licensees and art licensees, upon the payment of an additional annual fee of two hundred dollars
($200.00) to the local licensing authority, may obtain a special license to sell, serve or distribute
malt, vinous and spirituous liquors by the drink after the hour of 8:00 p.m. and until 12:00 midnight
on any Sunday other than a Sunday which falls on a December 31, and Christmas.
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(Ord. 333 §1, 2000)
Sec. 10-7-40. Sale to minor.
(a) It is unlawful to sell fermented malt beverages with an alcoholic content of three point two percent
(3.2%) or less to any person under the age of twenty-one (21) years, or to any person between the
hours of midnight and 5:00 a.m., or for any person under twenty-one (21) years to purchase or possess
the same. It is unlawful to permit any fermented malt beverages with an alcoholic content of three point
two percent (3.2%) or less to be sold or dispensed by a person under the age of twenty-one (21) years
or to permit any such person to participate in the sale or dispensing thereof.
(b) It is unlawful for any person under the age of twenty-one (21) years to represent himself or herself to
be of the age of twenty-one (21) years or more for the purpose of purchasing within the Town any
fermented malt beverage with an alcoholic content of three point two percent (3.2%) or less.
(c) It is unlawful for any person over the age of twenty-one (21) years to purchase or attempt to purchase
three point two percent (3.2%) beer for a person under the age of twenty-one (21) years.
(d) It is unlawful to fail to display at all times in a prominent place on premises licensed for retail sale a
printed card with a minimum height of fourteen (14) inches and a width of eleven (11) inches, with
each letter to be a minimum of one-half (½) inch in height, which shall read as follows:
WARNING
IT IS ILLEGAL TO SELL 3.2 BEER TO ANY PERSON UNDER TWENTY-ONE YEARS OF AGE, AND
IT IS ILLEGAL FOR ANY PERSON UNDER TWENTY-ONE YEARS OF AGE TO POSSESS OR TO
ATTEMPT TO PURCHASE THE SAME.
IDENTIFICATION CARDS WHICH APPEAR TO BE FRAUDULENT WHEN PRESENTED BY
PURCHASERS MAY BE CONFISCATED BY THE ESTABLISHMENT AND TURNED OVER TO A
LAW ENFORCEMENT AGENCY.
IT IS ILLEGAL IF YOU ARE TWENTY-ONE YEARS OF AGE OR OVER FOR YOU TO PURCHASE
3.2 BEER FOR A PERSON UNDER TWENTY-ONE YEARS OF AGE.
FINES AND IMPRISONMENT MAY BE IMPOSED BY THE COURTS FOR VIOLATION OF THESE
PROVISIONS.
(Ord. 333 §1, 2000)
Sec. 10-7-50. Underage possession, consumption or sale of alcohol prohibited.
(a) It is unlawful to knowingly:
(1) Sell, serve, give away, dispose of, exchange or deliver or permit the sale, serving, giving or
procuring of any vinous, spirituous or malt liquors, or any fermented malt beverages, to or for
anyone under the age of twenty-one (21) years;
(2) Obtain or attempt to obtain any vinous, spirituous or malt liquor or fermented malt beverages by
misrepresentation of age or any other method in any place selling vinous, spirituous or malt
liquors, or fermented malt beverages, when such person is under the age of twenty-one (21)
years;
(3) Possess or consume any malt, vinous or spirituous liquor, or any fermented malt beverage, when
such person is under the age of twenty-one (21) years; or
(4) Permit any person under twenty-one (21) years of age, of whom he or she may be a parent or
guardian, to violate Paragraph (1), (2) or (3) above.
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(b) It shall be an affirmative defense that the person under the age of twenty-one (21) years was practicing
in a religious ceremony or practice, or is participating in a supervised and bona fide investigation
conducted by a law enforcement agency, or that the conduct was permitted by Article 46 or 47 of Title
12, C.R.S.
(c) Any person under the age of twenty-one (21) years convicted of this offense may be published by a
fine not to exceed five hundred dollars ($500.00) and a term of probation not to exceed one (1) year.
(d) The Municipal Court is directed to notify the Department of Motor Vehicles of any conviction under this
Section, pursuant to Section 42-2-122(n), C.R.S.
(e) Prima facie evidence of a violation of Subsection (a)(3) above shall consist of:
(1) Evidence that the defendant was under the age of twenty-one (21) years and possessed or
consumed alcoholic beverages or fermented malt beverages anywhere in the Town; or
(2) Evidence that the defendant was under the age of twenty-one (21) years and manifested any of
the characteristics commonly associated with alcohol intoxication or impairment while present
anywhere in the Town.
(f)
During any trial for a 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
information contained on any label on such bottle, can or other container shall not constitute hearsay.
A jury or a judge, whichever 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 ethyl alcohol. 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" or
"whisky," "gin," "vodka," "tequila," "schnapps," "brandy," "cognac," "liqueur," "cordial," "alcohol" or
"liquor" shall constitute prima facie evidence that the contents of the bottle, can or other container were
composed in whole or in part of ethyl alcohol.
(Ord. 333 §1, 2000)
Sec. 10-7-60. Possession and consumption of alcoholic beverages in public prohibited.
(a) Except as provided in Section 10-7-80 of this Article, no person within the Town limits shall possess
an opened container of or consume any malt, vinous or spirituous liquor or fermented malt beverage
in public, except upon premises licensed for consumption of the liquor or beverage involved.
(b) For purposes of this Section, opened container means any container other than an original closed
container as sealed or closed for sale to the public by the manufacturer or bottler of the liquor or
beverage. If an original container has been unsealed, undone or opened in any manner, it is an opened
container for purposes of this Section.
(c) For purposes of this Section, in public means:
(1) In or upon any public highway, street, alley, walk, parking lot, building, park or other public
property or place, whether in a vehicle or not;
(2) In or upon those portions of any private property upon which the public has an express or implied
license to enter or remain; or
(3) In or upon any other private property without the express or implied permission of the owner or
person in possession and control of such property or such person's agent.
(d) It is an affirmative defense to a charge of violating this Section that the premises were licensed by the
Town or by the State for the consumption of the liquor or beverage involved, and any judge shall take
judicial notice of the official records of such license and dismiss forthwith any charge to which this
defense applies. If such dismissal is ex parte, the judge shall notify the Town Attorney, who may
petition the court for permission to refile the charge.
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(e) It is a specific defense to a charge of violating this Section that:
(1) The owner of the property involved or the owner's agent gave express permission to the accused
or to members of the accused's class to perform the acts complained of; or
(2) The accused was transporting the liquor or beverage from one (1) place where it could be lawfully
consumed directly and without delay to another such place, and the container was at all times
during the transportation capped, corked or otherwise reclosed with a firmly affixed waterproof
lid. When the liquor or beverage was being transported in a motor vehicle, this defense is only
available if the container was in the trunk or was not otherwise immediately accessible to the
driver or any passenger.
(Ord. 333 §1, 2000)
Sec. 10-7-70. Alcohol-selling establishments.
(a) Conduct of establishments generally. Each licensee shall conduct his or her establishment in a decent,
orderly and respectable manner, and shall not permit within or upon the licensed premises the loitering
of habitual drunkards or intoxicated persons, lewd or indecent displays, profanity, rowdiness, undue
noise or other disturbance or activity offensive to the senses of the average citizen or to the residents
of the neighborhood in which the establishment is located.
(b) Begging drinks or beverages. No licensee, manager or agent shall permit, upon any licensed on-sale
premises, anyone to loiter in or about the premises for the purpose of begging and soliciting any patron
or customer of or visitor in such premises to purchase any drinks or beverages, of any type or nature
whatsoever, for the one soliciting or begging.
(c) Consumption when sale unlawful. No licensee shall permit the consumption of malt, vinous or
spirituous beverages or three point two percent (3.2%) beer on the licensed premises at any time when
the sale of such beverages is prohibited by laws.
(d) Employee solicitation of drinks or beverages. No licensee, manager or agent shall employ or permit,
upon any liquor licensed on-sale premises, any employee, waiter, waitress, entertainer, host or
hostess to mingle with patrons and personally beg, procure or solicit the purchase or sale of drinks or
beverages for the use of the one begging, procuring or soliciting, or for the use of any other employee.
(e) Gambling. No licensee for the sale of spirituous, vinous or malt beverages or three point two percent
(3.2%) beer shall install, maintain or operate, or permit the installation, maintenance or operation of,
within or upon the licensed premises, any gambling table, establishment, device, machine, apparatus
or other thing contrary to this Article or to state law, or which is kept or used for the purpose of gambling,
either directly or indirectly. This Article shall not be construed to prohibit the use of bona fide
amusement devices which do not and cannot be adjusted to pay anything of value, and which may not
be used for gambling, directly or indirectly, and for the scoring, achievement, use or operation of which
no prize, reward or thing of value is offered or paid by any person.
(f)
Nudity. No license for retail sale by the drink of spirituous, vinous or malt beverages or three point two
percent (3.2%) beer shall permit any person or persons to appear in a state of nudity within or upon
the premises.
(g) Showing depictions of prohibited acts. No licensee for retail sale by the drink of spirituous, vinous or
malt beverages or three point two percent (3.2%) beer shall permit the showing of film, still pictures,
electronic reproductions or other visual reproductions depicting any act or live performance prohibited
by this Article.
(Ord. 333 §1, 2000)
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Sec. 10-7-80. Open containers; permits.
(a) It is unlawful for any person to serve, consume or have any open container or keg of alcoholic beverage
or fermented malt beverage in any municipal part in the Town, or any other public place, except by
permit.
(b) Organized groups and family gatherings may obtain a one-day, 8:00 a.m. to 12:00 midnight, permit,
excepting the prohibitions of Subsection (a) above, and of Sections 10-7-60 and 10-14-10, by making
application for the same, with payment of the required fee to the Town Clerk at least twenty-four (24)
hours in advance of such use.
(c) For purposes of this Section, opened container is defined as set out in Section 10-7-60(b).
(Ord. 333 §1, 2000)
ARTICLE VIII Offenses Relating to Morals
Sec. 10-8-10. Indecent exposure.
Sec. 10-8-10. Indecent exposure.
A person commits indecent exposure if he or she knowingly exposes his or her genitals to the view of
any person under circumstances in which such conduct is likely to cause affront or alarm to the other
person.
(Ord. 333 §1, 2000)
ARTICLE IX Governmental Operations
Sec. 10-9-10. Resisting arrest.
Sec. 10-9-20. Obstructing a peace officer or firefighter.
Sec. 10-9-30. Refusing to aid a peace officer.
Sec. 10-9-40. Interference with firefighters on duty.
Sec. 10-9-50. Compounding.
Sec. 10-9-60. False reporting to authorities.
Sec. 10-9-70. Interference with alarm system; false alarm.
Sec. 10-9-80. Impersonating a peace officer.
Sec. 10-9-90. Escapes.
Sec. 10-9-100. Disobeying a peace officer.
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Sec. 10-9-10. Resisting arrest.
(a) A person commits resisting arrest if he or she knowingly prevents or attempts to prevent a peace
officer, acting under color of his or her official authority, from effecting an arrest of the actor or another,
by:
(1) Using or threatening to use physical force or violence against the peace officer or another; or
(2) Using any other means which creates a substantial risk of causing bodily injury to the peace
officer or another.
(b) It is no defense to prosecution under this Section that the peace officer was attempting to make an
arrest which in fact was unlawful, if he or she was acting under color of his or her official authority and,
in attempting to make the arrest, he or she was not resorting to unreasonable or excessive force giving
rise to the right of self-defense. A peace officer acts under color of his or her 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.
(Ord. 333 §1, 2000)
Sec. 10-9-20. Obstructing a peace officer or firefighter.
(a) A person commits obstructing a peace officer or firefighter when, by using or threatening to use
violence, force or physical interference or obstacle, he or she knowingly obstructs, impairs or hinders
the enforcement of the penal law or the preservation of peace by a peace officer, acting under color
of his or her official authority, or knowingly obstructs, impairs or hinders the prevention, control or
abatement of a fire by a firefighter, acting under color of his or her official authority.
(b) To assure that animals used in law enforcement or fire prevention activities are protected from harm,
a person commits obstructing a peace officer or firefighter when, by using or threatening to use
violence, force, physical interference or obstacle, he or she knowingly obstructs, impairs or hinders
any such animal.
(c) It is no defense to a prosecution under this Section that the peace officer was acting in an illegal
manner, if he or she was acting under color of his or her official authority, as defined in Section 10-910(b) above.
(Ord. 333 §1, 2000)
Sec. 10-9-30. Refusing to aid a peace officer.
A person eighteen (18) years of age or older commits a Class 1 petty offense when, upon command
by a person known to him or her to be a peace officer, he or she unreasonably refuses or fails to aid the
peace officer in effecting or securing an arrest or preventing the commission by another of any offense.
(Ord. 333 §1, 2000)
Sec. 10-9-40. Interference with firefighters on duty.
It is unlawful for any person to hinder, obstruct, oppose or interfere with any member of the Fire
Department while he or she is in the performance of his or her duty.
(Ord. 333 §1, 2000)
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Sec. 10-9-50. Compounding.
A person commits compounding if he or she accepts or agrees to accept any pecuniary benefit as
consideration for:
(1) Refraining from seeking prosecution of an offender; or
(2) Refraining from reporting to law enforcement authorities the commission or suspected
commission of any crime or information relating to a crime.
(Ord. 333 §1, 2000)
Sec. 10-9-60. False reporting to authorities.
A person commits false reporting to authorities if:
(1) He or she 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;
(2) He or she 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 or she knows that it
did not occur; or
(3) He or she 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 or she knows that he or she has no such information or knows that the
information is false.
(4) He or she knowingly provides false identifying information to law enforcement authorities. For
purposes of this Section, identifying information means a person's name, address, birth date,
social security number and driver's license or Colorado identification number.
(Ord. 333 §1, 2000)
Sec. 10-9-70. Interference with alarm system; false alarm.
It is unlawful for any person to damage or interfere with any fire alarm system or appliance or any part
of the same. It is unlawful for any person to make or give a false alarm of fire.
(Ord. 333 §1, 2000)
Sec. 10-9-80. Impersonating a peace officer.
A person who falsely pretends to be a peace officer and performs an act in that pretending capacity
commits impersonating a peace officer, which is a misdemeanor.
(Ord. 333 §1, 2000)
Sec. 10-9-90. Escapes.
A person commits a Class 1 petty offense if, while being in custody or confinement and held for or
charged with but not convicted of a misdemeanor or petty offense, he or she knowingly escapes from said
custody or confinement.
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(Ord. 333 §1, 2000)
Sec. 10-9-100. Disobeying a peace officer.
(a) It is unlawful for any person to knowingly disobey the lawful or reasonable order, signal or direction of
a peace officer made or given in the discharge of the peace officer's duties.
(b) It is no 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 his or her official authority, as described in Section
10-9-10(b) of this Code.
(Ord. 449 §2, 2004)
ARTICLE X Public Peace, Order and Decency
Sec. 10-10-10. Disorderly conduct.
Sec. 10-10-20. Disrupting lawful assembly.
Sec. 10-10-30. Harassment.
Sec. 10-10-40. Loitering.
Sec. 10-10-50. Desecration of venerated objects.
Sec. 10-10-60. Hindering transportation.
Sec. 10-10-70. Throwing missiles.
Sec. 10-10-80. Unreasonable noises prohibited.
Sec. 10-10-90. Public urination.
Sec. 10-10-10. Disorderly conduct.
(a) A person commits disorderly conduct if he or she 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;
(2) Abuses or threatens a person in a public place in an obviously offensive manner;
(3) Makes unreasonable noise in a public place or near a private residence that he or she has no
right to occupy;
(4) Fights with another in a public place except in an amateur or professional contest of athletic skill;
(5) Not being a peace officer, displays a deadly weapon in a public place except when engaged in
lawful target practice or hunting; or
(6) Not being a peace officer, displays a deadly weapon in a public place in a manner calculated to
alarm.
(b) It is an affirmative defense to prosecution under Subsection (a)(2) above that the actor had significant
provocation for his or her abusive or threatening conduct.
(Ord. 333 §1, 2000)
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Sec. 10-10-20. Disrupting lawful assembly.
A person commits disrupting lawful assembly if, intending to prevent or disrupt any lawful meeting,
procession or gathering, he or she significantly obstructs or interferes with the meeting, procession or
gathering by physical action, verbal utterance or any other means.
(Ord. 333 §1, 2000)
Sec. 10-10-30. Harassment.
(a) 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 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) Initiates communication with a person, anonymously or otherwise by telephone, in a manner
intended to harass or threaten bodily injury or property damage, or makes any comment, request,
suggestion or proposal by telephone which 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; or
(6) Repeatedly insults, taunts or challenges another in a manner likely to provoke a violent or
disorderly response.
(b) As used in this Section unless the context otherwise requires, obscene means 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 masturbation, cunnilingus,
fellatio, anilingus or excretory functions.
(c) Any act prohibited by Subsections (a)(4) and (a)(5) above may be deemed to have occurred or to have
been committed at the place at which the telephone call was either made or received.
(Ord. 333 §1, 2000)
Sec. 10-10-40. Loitering.
(a) The word loiter means to be dilatory, to stand idly around, to linger, delay or wander about, or to
remain, abide or tarry in a public place.
(b) A person commits a Class 1 petty offense if he or she:
(1) Loiters for the purpose of begging;
(2) Loiters for the purpose of unlawful gambling with cards, dice or other gambling paraphernalia;
(3) Loiters for the purpose of engaging or soliciting another person to engage in prostitution or deviate
sexual intercourse;
(4) With intent to interfere with or disrupt the school program or with intent to interfere with or
endanger schoolchildren, loiters in a school building or on school grounds or within one hundred
(100) feet of school grounds when persons under the age of eighteen (18) are present in the
building or on the grounds, not having any reason or relationship involving custody of, or
responsibility for, a pupil or any other specific legitimate reason for being there, and having been
asked to leave by a school administrator or his or her or representative or by a peace officer; or
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(5) Loiters with one (1) or more persons for the purpose of unlawfully using or possessing a controlled
substance, as defined in Section 10-6-10(1) of this Chapter.
(c) It shall be an affirmative defense that the defendant's acts were lawful and he or she was exercising
his or her rights of lawful assembly as a part of peaceful and orderly petition for the redress of
grievance, either in the course of labor disputes or otherwise.
(Ord. 333 §1, 2000)
Sec. 10-10-50. Desecration of venerated objects.
(a) A person commits a misdemeanor if he or she knowingly desecrates any public monument, structure
or place of worship or burial or desecrates in a public place any other object of veneration by the public
or a substantial segment thereof.
(b) The term desecrate means defacing, damaging, polluting or otherwise physically mistreating in a way
that the defendant knows will outrage the sensibilities of persons likely to observe or discover his or
her action or its result.
(Ord. 333 §1, 2000)
Sec. 10-10-60. Hindering transportation.
A person commits a misdemeanor if he or she knowingly and without lawful 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, association or corporation.
(Ord. 333 §1, 2000)
Sec. 10-10-70. Throwing missiles.
It is unlawful for any person to throw, shoot or otherwise project any stone, arrow, pellet, dart, ball
bearing or other missile at or against the person, animal, personal property, building, structure, fixture or
vehicle of another.
(Ord. 333 §1, 2000; Ord. 466 §2, 2005)
Sec. 10-10-80. Unreasonable noises prohibited.
It is unlawful to intentionally, knowingly or recklessly make, permit or assist another to make
unreasonable noise within the Town which, under all of the circumstances presented, would cause a person
of ordinary sensitivities significant annoyance and irritation. The following noises and circumstances shall
be deemed as prima facie unreasonable in the context, however, of the above standards:
(1) Electrically amplified sound audible twenty-five (25) feet from the source of said sound or audible
within a residence other than that of the person responsible for the sound;
(2) Nonlicensed motor vehicle gasoline engines, nonvehicular gasoline engines and electric tools
operated between 10:00 p.m. and 7:00 a.m. and audible twenty-five (25) feet from the source of
the sound or audible within a residence other than that of the person responsible for the sound;
(3) Repair or adjustment of a motor vehicle between 10:00 p.m. and 7:00 a.m. which is audible
twenty-five (25) feet from the source of the sound or audible within a residence other than that of
the person responsible for the sound; or
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(4) A gathering of persons engaged in loud and continuing activities continuing for a minimum of
fifteen (15) minutes between 10:00 p.m. and 7:00 a.m. and audible twenty-five (25) feet from the
source of the sound or audible within a residence other than that of the person responsible for
the sound.
(Ord. 333 §1, 2000; Ord. 600, §1, 2013)
Sec. 10-10-90. Public urination.
No person shall urinate or defecate when in any park within the Town limits, or on any property zoned
for residential uses without the express permission of the owner, or within any portion of the Town zoned
for business, industrial or public uses, unless such voiding is made into a receptacle that has been provided
for that purpose that stores or disposes of the wastes in a sanitary manner and that is enclosed from the
view of the general public.
(Ord. 333 §1, 2000)
ARTICLE XI Weapons
Sec. 10-11-10. Unlawfully carrying concealed weapon; unlawful possession of weapons.
Sec. 10-11-20. Prohibited use of weapons.
Sec. 10-11-30. Unlawfully carrying concealed or possessing weapons on school, college or university
grounds.
Sec. 10-11-40. Discharge of firearms.
Sec. 10-11-10. Unlawfully carrying concealed weapon; unlawful possession of weapons.
(a) A person violates this Section if such person knowingly and unlawfully:
(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, galleries or offices of the general assembly, or either house thereof, are located or
in which a legislative hearing or meeting is being or is to be conducted or in which the official
offices of any member, officer or employee of the general assembly are located.
(b) It shall be an affirmative defense that 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 who carries a weapon for
lawful protection of such person's or another's person or property while traveling;
(3) A person who, prior to the time of carrying a concealed weapon, has been issued a written permit
pursuant to Section 18-12-105.1, C.R.S., as amended, to carry the weapon by the chief of police
of a city or city and county, or the sheriff of a county; or
(4) A peace officer, level I or level Ia and defined in Section 18-1-901(3)(l)(I) or (3)(l)(II), C.R.S..
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(Ord. 333 §1, 2000)
Sec. 10-11-20. Prohibited use of weapons.
A person commits a misdemeanor if he or she:
(1) Knowingly and unlawfully aims a firearm at another person;
(2) Knowingly sets a loaded gun, trap or device designed to cause an explosion upon being tripped
or approached, and leaves it unattended by a competent person immediately present; or
(3) Has in his or her possession a firearm while he or she is under the influence of intoxicating liquor
or of a controlled substance, as defined in Section 10-7-10(3) of this Chapter. Possession of a
permit issued under Section 18-12-105.1, C.R.S., is no defense to a violation of this Section.
(Ord. 333 §1, 2000; Ord. 467 §2, 2005)
Sec. 10-11-30. Unlawfully carrying concealed or possessing weapons on school, college
or university grounds.
(a) A person violates this Section if such person knowingly and unlawfully and without legal authority
carries, brings or has in such person's possession a deadly weapon as defined in Section 18-1901(3)(e), C.R.S., in or on the real estate and all improvements erected thereon of any public or private
elementary or secondary school or any public or private college, university or seminary, except for the
purpose of presenting an authorized public demonstration or exhibition pursuant to instruction in
conjunction with an organized school or class, for the purpose or carrying out the necessary duties
and functions of an employee of an educational institution which require the use of a deadly weapon,
or for the purpose of participation in an authorized extracurricular activity or athletic team.
(b) It shall not be an offense under this Section if:
(1) The weapon is unloaded and remains inside a motor vehicle while upon the real estate of any
public or private college, university or seminary;
(2) The person is in that person's own dwelling or place of business or on property owned or under
his or her control at the time of the act of carrying;
(3) The person is in a private automobile or other private means of conveyance and is carrying a
weapon for lawful protection of that person's or another's person or property while traveling;
(4) The person, prior to the time of carrying a concealed weapon, has been issued a written permit
pursuant to Section 18-12-105.1, C.R.S., to carry the weapon by the chief of police of a city or
city and county or the sheriff of a county;
(5) The person is a peace officer, level I or level Ia, as defined in Section 18-1-901(3)(l)(I) or (3)(l)(II),
C.R.S.;
(6) The person is a peace officer, level II, as defined in Section 18-1-901(3)(l)(III), C.R.S., while on
duty;
(7) The person is a peace officer, level IIIa, as defined in Section 18-1-901(3)(l)(IV.5), C.R.S., while
on duty and under supervision; or
(8) The person has possession of the weapon for use in an educational program approved by a
school, which program includes, but shall not be limited to, any course designed for the repair or
maintenance of weapons.
(Ord. 333 §1, 2000)
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Sec. 10-11-40. Discharge of firearms.
It is unlawful for any person, other than a peace officer or a member of the Armed Forces of the United
States or the Colorado National Guard acting in lawful discharge of his or her duties, to discharge or cause
to be discharged any firearm within or into the limits of the Town. For purposes of this Section, the lawful
discharge of a peace officer's duties shall include but not be limited to firearms training and/or certification
at a designated training site.
(Ord. 513 §1, 2007)
ARTICLE XII Fireworks
Sec. 10-12-10. Definitions.
Sec. 10-12-20. Unlawful use, possession; penalty.
Sec. 10-12-30. Permits for display.
Sec. 10-12-40. Insurance.
Sec. 10-12-50. Bond.
Sec. 10-12-60. Interpretation.
Sec. 10-12-70. Licensing; sale of display fireworks; manufacture and wholesale.
Sec. 10-12-80. Seizure of fireworks.
Sec. 10-12-90. Toy propellant devices used for model or educational rockets.
Sec. 10-12-10. Definitions.
As used in this Article, unless the context otherwise requires:
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, Day-glo
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. Fireworks
does not include:
a.
Toy caps which do not contain more than twenty-five hundredths (0.25) 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, shop distress signals, smoke candles and other emergency
signal devices.
Manufacturer includes any wholesaler and any person who manufactures, makes, constructs or
produces any fireworks article or device.
Person includes an individual, partnership, firm, company, association or corporation.
Retailer includes any person who sells, delivers, consigns or furnishes fireworks to another
person not for resale.
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Wholesaler includes any person who sells, delivers, consigns, gives or in any way furnishes
fireworks to a retailer for resale.
(Ord. 333 §1, 2000)
Sec. 10-12-20. Unlawful use, possession; penalty.
Except as provided herein, it is unlawful for any person to possess, store, to offer for sale, expose for
sale, sell at retail or use or explode any fireworks within the Town limits. Any person convicted of violating
this Section shall be subject to the penalties set forth in Subsection 10-1-70(d).
(Ord. 333 §1, 2000)
Sec. 10-12-30. Permits for display.
(a) The Board of Trustees has the power to grant permits, within the area under its jurisdiction, for
supervised public displays of fireworks by municipalities, fair associations, amusement parks and other
organizations and groups, and to adopt reasonable rules and regulations for the granting of such
permits.
(b) Application for a permit as provided for herein shall be filed with the Town Clerk, together with a license
fee in an amount as set by the Board of Trustees by resolution as may be amended from time to time
and an inspection fee in an amount as set by the Board of Trustees by resolution as may be amended
from time to time. The application shall contain at least the following information:
(1) Name and address of applicant;
(2) Location where the applicant will sell fireworks;
(3) Name and address of any wholesaler or distributor from whom the retailer proposes to purchase
lawful fireworks for resale;
(4) Manner, method and times when and how the applicant proposes to sell lawful fireworks; and
(5) Such additional information as may be required by the Board of Trustees.
Such application shall be made in writing at least thirty (30) days in advance of the date of display. 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 and the location and handling of the display shall be approved, after investigation, by the Fire Chief
or the Chief of Police, or their authorized agents.
(c) No person displaying fireworks under this Section shall fail to dispose of any fireworks that remain
unfired after the display is concluded in a safe manner.
(d) No permit shall be transferable or assignable. No permit shall be required for such public display of
fireworks at any county or district fair duly organized under state law and the ordinances of the Town.
(Ord. 333 §1, 2000; Ord. 574 §4, 2011)
Sec. 10-12-40. Insurance.
The Board of Trustees shall require a certificate of insurance to protect persons and property from
death or injury as a result of any fireworks display for which a permit is issued, in an amount not less than
one hundred fifty thousand dollars ($150,000.00) per person injured and four hundred thousand dollars
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($400,000.00) per incident. The insurance shall cover any liability of the Town or any employee or agent
thereof arising out of or connected with the permit and the fireworks display permitted thereunder.
(Ord. 333 §1, 2000)
Sec. 10-12-50. Bond.
Any permittee shall be required to obtain a performance bond in a sum not less than one thousand
dollars ($1,000.00) conditioned on compliance with the provisions of this Article; except that the Town shall
not be required to file such bond.
(Ord. 333 §1, 2000)
Sec. 10-12-60. Interpretation.
This Article shall not be construed to prohibit:
(1) Any person, including a manufacturer, who has first obtained a license to sell display fireworks,
from offering for sale, exposing for sale, selling or having in his or her possession with intent to
offer for sale, or sell, fireworks to any municipality, fair association, amusement park or other
organization or group holding a display permit issued as provided in this Article, or to any county
or district fair duly organized under the laws of the State;
(2) Any person from using or exploding fireworks in accordance with the provisions of any display
permit issued as provided in this Article or as part of a supervised public display at any county or
district fair duly organized under the laws of the State;
(3) Any resident manufacturer from manufacturing and selling, or any resident wholesaler, dealer or
jobber from selling at wholesale, such fireworks as are not prohibited under this Article, the sale
of any kind of fireworks, provided that the same are to be shipped directly out of state in
accordance with regulations of the United States Interstate Commerce Commission covering the
transportation of explosives and other dangerous articles by motor, rail and water, the use of
fireworks by railroads or other transportation agencies for signal purposes or illumination, the sale
or use of blank cartridges for a show or theater, signal or ceremonial purposes in athletics or
sports, or use by military organizations, or the use of fireworks for agricultural purposes under
conditions approved by the Board of Trustees;
(4) Any person from offering for sale, exposing for sale, selling, having in his or her possession with
intent to offer for sale or sell, or using or firing toy pistols, toy guns, sparklers or other devices in
which caps manufactured in accordance with this Article are used; or
(5) The importation, purchase, sale or possession of fireworks which are used or to be used solely
to prevent damage to crops by animals or birds, by the Board of Trustees with the assistance of
other appropriate state departments and in accordance with Article 4 of Title 24, C.R.S.
(Ord. 333 §1, 2000)
Sec. 10-12-70. Licensing; sale of display fireworks; manufacture and wholesale.
(a) No person shall sell or offer to sell at retail any fireworks which are to be used for display purposes
within the Town unless he or she first obtains a license to do so from the Secretary of State and from
the Board of Trustees.
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(b) No person shall manufacture or wholesale fireworks until he or she shall first obtain a license from the
Secretary of State, pursuant to Sections 12-28-106(c) and (d), C.R.S., and the Secretary of State shall
be the sole licensing authority for manufacturers' and wholesalers' licenses.
(Ord. 333 §1, 2000)
Sec. 10-12-80. Seizure of fireworks.
The police authorities of the Town or their authorized agents shall seize, take and remove, at the
expense of the owner, all stocks of fireworks or combustibles offered or exposed for sale, stored or held in
violation of this Article.
(Ord. 333 §1, 2000)
Sec. 10-12-90. Toy propellant devices used for model or educational rockets.
Nothing in this Article shall prevent or regulate the manufacture, sale, use or possession of educational
rockets and toy propellant device type engines used in such rockets when such rockets are of nonmetallic
construction and utilize replaceable engines or model cartridges containing less than two (2) ounces of
propellant when such engine or model cartridge is designed to be ignited by electrical means.
(Ord. 333 §1, 2000)
ARTICLE XIII Street Gang Activity
Sec. 10-13-10. Gang activity.
Sec. 10-13-20. Gang-related nuisances.
Sec. 10-13-30. Unlawful encouragement to gang activity.
Sec. 10-13-40. Parental responsibility.
Sec. 10-13-50. Gang-related threats.
Sec. 10-13-60. Report.
Sec. 10-13-10. Gang activity.
(a) It is unlawful for any person to actively participate in any criminal street gang with knowledge that its
members engage in or have engaged in a pattern of criminal gang activity, and who willfully promotes,
furthers or assists in any criminal conduct by members of that gang as defined by either this Article or
state law.
(b) Any person who engages in an illegal act which is committed for the benefit of, at the direction of or in
association with any criminal street gang, with the specific intent to promote, further or assist in any
criminal conduct by gang members, shall be subject to an additional and separate charge of violating
this provision and shall be punished by a fine of not more than the maximum fine amount authorized
in Subsection 1-4-20(b) of this Code or one (1) year incarceration or both.
(c) As used in this Article, pattern of criminal gang activity means the commission, attempted commission
or solicitation by a particular street gang of two (2) or more offenses listed in any ordinance of the
Town or Title 18, C.R.S., provided that at least one (1) of those offenses occurred after the effective
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date of the ordinance codified in this Article, and the last of those offenses occurred within three (3)
years after a prior offense, and the offenses are committed on separate occasions.
(d) As used in this Article, criminal street gang means any ongoing organization, association or group of
three (3) or more persons, whether formal or informal, which is involved in the commission of one (1)
or more of the criminal acts enumerated in the ordinances of the Town or Title 18, C.R.S., which has
a common name or common identifying sign or symbol, whose members individually or collectively
engage in or have engaged in a pattern of criminal gang activity.
(Ord. 333 §1, 2000; Ord. 609, §10, 2013)
Sec. 10-13-20. Gang-related nuisances.
It is unlawful for every building or place to be used by members of a criminal street gang for the purpose
of the commission of the offenses listed in the ordinances of the Town or Title 18, C.R.S., and every building
or place, wherein or upon which that criminal conduct by gang members takes place, is a nuisance which
shall be enjoined, abated and prevented, and for which damages may be recovered, whether it is a public
or private nuisance.
(Ord. 333 §1, 2000)
Sec. 10-13-30. Unlawful encouragement to gang activity.
It is unlawful for every person to commit any act or omit the performance of any duty, which act or
omission causes or tends to cause or encourage any person under the age of eighteen (18) years to come
within the provisions of this Article, or which act or omission contributes thereto; or any person who, by any
act or omission or by threats, commands or persuasion, induces or endeavors to induce any person under
the age of eighteen (18) years to fail or refuse to conform to a lawful order of the Municipal Court, or to do
or to perform any act or follow any course of conduct as would cause or manifestly tend to cause any such
person to become or to remain a person within the provisions of this Article.
(Ord. 333 §1, 2000)
Sec. 10-13-40. Parental responsibility.
(a) For purposes of this Section, a parent or legal guardian to any person under the age of eighteen (18)
years who is residing with the parent or legal guardian shall have the duty to exercise care, supervision,
protection and control over his or her minor child in the context of gang activity.
(b) For purposes of this Section, a parent or legal guardian will be deemed to have violated this Section if
his or her conduct is determined to reflect a reckless disregard to the conduct of a minor child in the
context of gang activity as defined by this Article. A person acts with reckless disregard when he or
she consciously disregards a substantial and unjustified risk that a result will occur or that a
circumstance exists. Furthermore, a prosecution of this Section shall be predicated upon proof beyond
a reasonable doubt that the parent or legal guardian knew or should have known that his or her conduct
was likely to result in their minor child coming within the purview of this Article. The parent or legal
guardian shall have the affirmative defense of an inability to control the minor child despite reasonable
efforts to do so.
(c) In determining whether a prosecution of a parent or legal guardian under the provisions of this Section
is appropriate, the Town Attorney may consider the following criteria:
(1) A review of a detailed description and/or relevant police reports which state the acts or
circumstances which have brought a minor child within the purview of this Article.
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(2) The number and type of warnings given to the parent or legal guardian and by whom.
(3) Whether any parenting programs have been offered to the parent or legal guardian.
(4) The statements and attitude of the parent or legal guardian and the minor child during the
investigation. (Every effort should be made to thoroughly interview the parent or legal guardian
concerning the alleged delinquency problem and his or her efforts to correct it; Miranda warnings
should be given when appropriate.)
(5) The parent's or legal guardian's present actual ability or inability to supervise and control the
offending minor child. (Identify whether there are any circumstances beyond the control of the
parent or legal guardian that may contribute to an inability to effectively supervise and control.)
(6) The experience and training of officers involved in the investigation.
(7) Neighborhood complaints or other corroboration of the problem with the minor child and/or the
parent or legal guardian.
(d) The Town Attorney shall be empowered to utilize during the plea bargain process and the Municipal
Court during any sentencing for a violation of this Section, the mandatory attendance of a parent or
legal guardian at a parental responsibility training program administered through the State Department
of Social Services. If mandatory attendance of a parent or legal guardian is provided as a component
of either a plea bargain or a sentence upon conviction of this Section and the parent or legal guardian
fails to successfully complete such training, the Municipal Court may subject the parent or legal
guardian to the contempt sanctions of the Court.
(Ord. 333 §1, 2000)
Sec. 10-13-50. Gang-related threats.
It is unlawful for any member of a criminal street gang to willfully threaten to commit a crime which will
result in death or great bodily injury to another person, with the specific intent that the statement is to be
taken as a threat, even if there is no intent of actually carrying it out, while, on its face and under the
circumstances in which it is made, is so unequivocal, unconditional, immediate and specific as to convey
to the person threatened a gravity of purpose and an immediate prospect of execution.
(Ord. 333 §1, 2000)
Sec. 10-13-60. Report.
The Board of Trustees hereby directs the Chief of Police to compile a report which details the effects
and results of this Article. This report shall be prepared and delivered to the Board of Trustees after the
ordinance codified in this Article has been in effect for one (1) year. The Board of Trustees shall consider
whether to repeal or modify the ordinance after having reviewed the contents of the report.
(Ord. 333 §1, 2000)
ARTICLE XIV Minors
Sec. 10-14-10. Child abuse.
Sec. 10-14-20. Curfew for minors.
Sec. 10-14-30. Furnishing cigarettes or tobacco products to minors.
Sec. 10-14-40. Purchasing or attempting to purchase cigarettes or tobacco products by minors.
Sec. 10-14-50. Possession or use of cigarettes or tobacco products by minors.
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Sec. 10-14-60. Penalties for violation.
Sec. 10-14-10. Child abuse.
(a) A person commits child abuse if he or she causes an injury to a child's life or health or permits a child
to be unreasonably placed in a situation which poses a threat of injury to the child's life or health.
(b) In this Section, child means a person under the age of sixteen (16) years.
(c) The statutory privilege between patient and physician and between husband and wife shall not be
available for excluding or refusing testimony in any prosecution for a violation of this Section.
(d) No person, other than the perpetrator, complicitor, co-conspirator or accessory, who reports an
instance of child abuse to law enforcement officials, shall be subjected to criminal or civil liability for
any consequence of making such report unless he or she knows at the time of making it that it is
untrue.
(e) Deferred prosecution is authorized for a first offense under this Section.
(f)
An act of child abuse is a misdemeanor.
(Ord. 333 §1, 2000)
Sec. 10-14-20. Curfew for minors.
(a) It is unlawful for any parent, guardian or other person having care or custody of any child under the
age of eighteen (18) years to allow or permit any such child to loiter or remain upon any street, alley
or other public place, on foot or in or upon a vehicle, subsequent to the hour of 9:00 p.m. during the
school year, or 10:00 p.m. during the summer vacation months, or prior to 5:00 a.m., except for lawful
employment, school, church or other organized activity, or unless such child is accompanied by the
parent, guardian or other person of the age of twenty-one (21) years having permission of the parent
or guardian to have the custody or care of such child.
(b) It is unlawful for any child under the age of eighteen (18) years to loiter or remain upon any street,
alley or other public place, on foot or within or upon a vehicle, subsequent to the hour of 9:00 p.m.
during the school year, or 10:00 p.m. during the summer vacation months, or prior to 5:00 a.m., except
for lawful employment, school, church or other organized activity, or unless such child is accompanied
by the parent, guardian or other person of the age of twenty-one (21) years having permission of the
parent or guardian to have the custody or care of such child.
(c) The Chief of Police or designate thereof is hereby authorized to arrest any person violating any of the
provisions of Subsection (b), and the person so arrested shall, for the first violation, be taken to the
Town Hall and released to his or her parents or guardians then notified. Upon a subsequent violation
of Subsection (b) and upon any violation of Subsection (a), the person arrested shall be so charged.
(Ord. 333 §1, 2000)
Sec. 10-14-30. Furnishing cigarettes or tobacco products to minors.
It is unlawful for any person to knowingly furnish to any person who is under eighteen (18) years of
age, by gift, sale or any other means, any cigarettes or tobacco products, as defined in Section 39-28.5101(5), C.R.S. It shall be an affirmative defense to a prosecution under this Section that the person
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furnishing the tobacco product was presented with and reasonably relied upon a document which identified
the person receiving the tobacco product as being eighteen (18) years of age or older.
(Ord. 366 §1, 2001)
Sec. 10-14-40. Purchasing or attempting to purchase cigarettes or tobacco products by
minors.
It is unlawful for any person under the age of eighteen (18) years of age to purchase or attempt to
purchase cigarettes or tobacco products, as defined in Section 39-28.5-101(5), C.R.S.
(Ord. 366 §2, 2001)
Sec. 10-14-50. Possession or use of cigarettes or tobacco products by minors.
It is unlawful for any person under the age of eighteen (18) years to possess or use cigarettes or
tobacco products, as defined in Section 39-28.5-101(5), C.R.S. It shall not be an offense under this Section
if the person under eighteen (18) years of age was acting at the direction of an employee of a governmental
agency authorized to enforce or ensure compliance with laws relating to the prohibition of the sale of
cigarettes and tobacco products to persons under the age of eighteen (18) years.
(Ord. 366 §3, 2001)
Sec. 10-14-60. Penalties for violation.
(a) Persons convicted of violating the offenses described in Section 10-14-30 above shall be punished by
a fine as follows:
(1) If the person convicted was at the time of the violation under eighteen (18) years of age, then the
following punishment shall be applicable:
a.
First offense: fine of two hundred dollars ($200.00).
b.
Second offense: fine of three hundred dollars ($300.00).
c.
Third offense: fine of five hundred dollars ($500.00).
d.
Additional offenses: fine of five hundred dollars ($500.00).
(2) Following a conviction for a first offense under Paragraph (1) above, the court in lieu of the fine
may sentence the person to participate in a tobacco education program.
(3) The court may allow a person convicted under Paragraph (1) above to perform community service
and be granted credit against the fine and court costs at the rate of five dollars ($5.00) for each
hour of work performed.
(4) If the person convicted was at the time of the violation eighteen (18) years of age or older, then
the following punishment shall be applicable:
a.
First offense: fine of three hundred dollars ($300.00).
b.
Second offense: fine of five hundred dollars ($500.00).
c.
Third offense: fine of one thousand dollars ($1,000.00).
d.
Additional offenses: fine of one thousand dollars ($1,000.00).
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(b) Persons convicted of violating the offenses described in Sections 10-14-40 and 10-14-50 above,
except as otherwise provided herein, shall be punished by a fine as follows:
(1) First offense: fine of one hundred dollars ($100.00).
(2) Second offense: fine of two hundred dollars ($200.00).
(3) Third offense: fine of five hundred dollars ($500.00).
(4) Additional offenses: fine of five hundred dollars ($500.00).
(5) Following a conviction for a first offense under Paragraph (1) above, the court in lieu of the fine
may sentence the person to participate in a tobacco education program.
(6) The court may allow a person convicted under Paragraph (1) above to perform community service
and be granted credit against the fine and court costs at the rate of five dollars ($5.00) for each
hour of work performed for up to fifty percent (50%) of the fine and court costs.
(Ord. 366 §4, 2001)
ARTICLE XV Miscellaneous Offenses
Sec. 10-15-10. Disturbances.
Sec. 10-15-20. Gambling.
Sec. 10-15-30. Curfew in parks.
Sec. 10-15-40. Bottles, littering prohibited.
Sec. 10-15-50. Barbed wire fences prohibited.
Sec. 10-15-60. Motorbikes.
Sec. 10-15-70. Abandoned appliances.
Sec. 10-15-10. Disturbances.
(a) It is unlawful for any licensee to permit any disturbance, undue noise or unlawful or disorderly act or
conduct by any person or group of persons upon the premises.
(b) It is unlawful for any licensee, in any manner, to encourage or participate in any disturbance, unlawful
act or disorderly conduct upon the premises; provided, however, that such licensee may use such
lawful means as may be proper to protect his or her person or property from damage or injury.
(c) Any licensee shall immediately report to the police authority of the Town any unlawful or disorderly
act, disorderly conduct or disturbance committed on the premises.
(d) It shall not be a defense that the licensee was not personally present on the premises at the time of
any violation of this Section; provided, however, that an agent, servant or employee of the licensee
shall not be liable under this Section when absent from the premises while not on duty.
(Ord. 333 §1, 2000)
Sec. 10-15-20. Gambling.
It is unlawful for any person to engage in gambling; namely, the risking of any money, credit, deposit
or other thing of value for gain, contingent in whole or in part upon lot, chance, the operation of a gambling
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device or the happening or outcome of an event, including a sporting event, over which the person taking
a risk has no control, but not including:
(1) Circumstances involving a person who engages in "professional gambling," which entails aiding
or inducing another to engage in gambling and having, other than by virtue of skill or luck, a lesser
chance of losing or a greater chance of winning than one (1) or more of the other participants;
(2) Any game, wager or transaction which is incidental to a bona fide social relationship, is
participated in by natural persons only and in which no person is participating, directly or indirectly,
in professional gambling;
(3) Bona fide contests of skill, speed, strength or endurance in which the awards are made only to
entrants or owners of the entries;
(4) Bona fide business transactions which are valid under the law of contracts; or
(5) Other acts or transactions now or hereafter expressly authorized by law.
(Ord. 333 §1, 2000)
Sec. 10-15-30. Curfew in parks.
(a) Parks of the Town are open to public use only between 6:00 a.m. through 6:00 p.m. for the months of
October through April, and 6:00 a.m. through 8:30 p.m. for the months of May through September. It
is unlawful for any person to enter upon or remain within a Town park during hours not designated for
public use. Such restrictions do not apply to Town personnel performing security or park maintenance
services. This Section is designated as noncriminal.
(b) Upon application to and approval by the Board of Trustees, this Section may be waived for special
events.
(c) Anyone convicted of violating this Section shall be fined not less than twenty-five dollars ($25.00) for
the first offense and not more than the maximum fine amount authorized in Subsection 1-4-20(b) of
this Code for the second and subsequent offenses.
(Ord. 333 §1, 2000; Ord. 609, §11, 2013)
Sec. 10-15-40. Bottles, littering prohibited.
(a) It is unlawful for any person to bring or to have in his or her possession any glass bottle in any park or
other public area of the Town.
(b) It is unlawful for any person to bring in and dump, deposit or leave any bottles or other containers
made of glass, any broken glass, ashes, papers, boxes, cans, dirt, rubbish, waste, garbage, refuse or
other trash in or upon any park or other public area in the Town.
(c) It is unlawful for any person utilizing the facilities of any park or other public area in the Town to leave
such area or facility without first having completely extinguished fires, nor before placing in disposal
receptacles, where provided, all trash in the nature of boxes, papers, cans or other containers, garbage
and other refuse in the possession of such person. If no disposal receptacle is available, then such
person shall carry away said refuse or trash in his or her possession from the area, to be disposed of
in a proper and legal manner elsewhere.
(Ord. 333 §1, 2000)
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Sec. 10-15-50. Barbed wire fences prohibited.
It is unlawful for any person to construct or maintain within the Town any fence, cellar or window guard
containing barbs, barbed wire, sharpened nails, or any other pointed or sharpened thing or metallic
substance.
(Ord. 333 §1, 2000)
Sec. 10-15-60. Motorbikes.
The operation anywhere within the Town, whether on private or public property, of any so-called
motorbike, minibike, all-terrain four (4) wheeled open vehicle, or other such motorized vehicle designed
primarily for recreation and not designed and equipped for operation on a public street or highway, or
otherwise permitted under Section 8-1-100 shall be unlawful within the Town except on premises for which
land use approvals specifically allow such operation.
(Ord. 333 §1, 2000; Ord. 611, §12 2013)
Sec. 10-15-70. Abandoned appliances.
It is unlawful for any adult leasing, owning or controlling property within the Town to keep or allow to
be maintained on such property any refrigerator, washer, dryer, freezer or other such appliances outside of
an enclosed structure.
(Ord. 333 §1, 2000; Ord. 423 §1, 2004)
ARTICLE XVI Skate Park Regulations
Sec. 10-16-10. Findings.
Sec. 10-16-20. Definitions.
Sec. 10-16-30. Skate Park rules and regulations.
Sec. 10-16-40. Revocation of privilege to use Skate Park.
Sec. 10-16-50. Penalty.
Sec. 10-16-10. Findings.
(a) The Town has constructed and now operates a skate park within the corporate limits of the Town
("Skate Park") which is open to residents and visitors for skateboarding and skating.
(b) It is necessary and appropriate for the Town to adopt enforceable rules concerning the use of the
Skate Park in order to attempt to provide, insofar as practicable, for the safe use of the Skate Park, to
enhance the enjoyment of those using the Skate Park and to minimize the impacts of the use of the
Skate Park to its neighbors.
(c) This Article is necessary and proper to provide for the safety, preserve the health, promote the
prosperity and improve the order, comfort and convenience of the Town and its inhabitants.
(Ord. 478 §2, 2005)
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Sec. 10-16-20. Definitions.
Unless otherwise required by context or usage, words and terms used in this Article shall be defined
as follows:
Skate means a shoe or similar device with a set of wheels attached commonly used for skating
over a flat surface, but not including a bicycle or tricycle.
Skate Park means each facility owned and operated by the Town held open for the purpose of
skating.
Skateboard means a short board mounted on small wheels which is used for coasting or for
performing athletic stunts.
Skating means the use of a skateboard or skates to coast along the ground or to perform athletic
stunts.
User means any person who uses the Skate Park for skating.
(Ord. 478 §2, 2005)
Sec. 10-16-30. Skate Park rules and regulations.
(a) Use of the Skate Park shall be at the user's own risk.
(b) Use of the Skate Park is limited to the posted hours of operation established from time to time by the
Town. No person shall enter upon or use the Skate Park for any purpose when the Skate Park is
closed.
(c) Each user shall wear protective safety equipment, including a helmet, gloves, knee and elbow pads,
wrist supports and proper shoes, while skating.
(d) Each user shall be responsible for providing his or her own skateboard, skates and safety equipment,
and for ensuring that such equipment is properly maintained and is in good and safe working order.
(e) No makeshift items or modification to the existing ramps and other features of the Skate Park are
permitted.
(f)
Only one (1) user is permitted on a ramp or other Skate Park fixture at a time. No more than three (3)
users are permitted on a ramp waiting platform.
(g) Skating is permitted only in authorized areas within the Skate Park. Spectators shall observe from
outside the skating area.
(h) Users shall respect the neighborhood in which the Skate Park is located by refraining from generating
excessive noise which would cause significant annoyance and irritation to a person of ordinary
sensitivities located or residing upon property adjacent to or in the proximity of the Skate Park.
(i)
No food, beverages or glass containers of any kind shall be allowed on the skating surfaces of the
Skate Park.
(Ord. 478 §2, 2005)
Sec. 10-16-40. Revocation of privilege to use Skate Park.
Use of the Skate Park shall be a privilege, and the Town, acting through the Police Department and
such other persons or departments as designated by the Board of Trustees, shall have the right and
authority to revoke, either temporarily or permanently, the privilege to use the Skate Park of any person
who does not obey the rules and regulations contained in this Article or who violates any other municipal
ordinance or regulation upon or within the Skate Park.
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(Ord. 478 §2, 2005)
Sec. 10-16-50. Penalty.
Any violation of the provisions of this Article shall be deemed a noncriminal violation subject to the
penalties set forth in Subsection 10-1-90(a) of this Code.
(Ord. 478 §2, 2005)
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