Chapter 9
OFFENSES--MISCELLANEOUS*
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*
Cross References: Cruelty to animals, § 3-1; vehicle mufflers, § 7-5; failure to appear in municipal court, § 8-46;
fraudulently avoiding payment of admission fees, § 9-24; police department, Ch. 11.
State Law References: Criminal Code, Title 18, C.R.S. 1973; general police powers, § 31-15-401, C.R.S. 1973.
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Article I. In General
Sec. 9-1. Aid to an offense--Generally.
Sec. 9-2. Same--Parent or guardian.
Sec. 9-3. Encouraging delinquency.
Sec. 9-4. Curfew; child's responsibility.
Sec. 9-5. Escape--Generally.
Sec. 9-6. Same--Aiding.
Sec. 9-7. Same--Consecutive sentences.
Sec. 9-8. Possession or consumption of alcoholic beverages in certain places.
Sec. 9-9. Alcoholic beverages and fermented malt beverages; procuring or selling to minors.
Sec. 9-10. Possession of marijuana.
Sec. 9-11. Assault, etc.
Sec. 9-12. Reckless endangerment.
Sec. 9-13. Loudspeakers; sound trucks.
Sec. 9-14. Disorderly conduct.
Sec. 9-15. Resisting officer.
Sec. 9-16. Impersonating officer.
Sec. 9-17. Disorderly house.
Sec. 9-18. Public indecency.
Sec. 9-19. Theft.
Sec. 9-20. Swindling.
Sec. 9-21. Malicious injury to property.
Sec. 9-22. Trespassing.
Sec. 9-23. False pretenses.
Sec. 9-24. Fraudulently avoiding payment of admission fees.
Sec. 9-25. Unlawful assembly.
Sec. 9-26. Obstructing public streets, places or buildings.
Sec. 9-27. Littering.
Sec. 9-28. Certain provisions not affected by Code.
Sec. 9-28.1. Arson.
Sec. 9-29. Theft of rental property.
Sec. 9-30. Criminal tampering.
Sec. 9-31. Criminal use of a noxious substance.
Sec. 9-32. Obstructing a peace officer or fireman.
Sec. 9-33. False reporting to authorities.
Sec. 9-33.1. Theft by check.
Sec. 9-34. Interference with staff, faculty, or students of educational institutions.
Sec. 9-35. Gambling.
Sec. 9-36. Unlawful to discard or abandon iceboxes or motor vehicles and similar items.
Sec. 9-36.1. Abandoned vehicles.
Sec. 9-37. Unlawfully carrying a concealed weapon; unlawful possession of a dangerous or illegal weapon.
Sec. 9-38. Prohibited use of weapon.
Sec. 9-39. Possession of drug paraphernalia.
Sec. 9-40. Theft by receiving.
Sec. 9-40.1. Theft or mutilation of library property.
Sec. 9-40.2. Skateboards and skates.
Article II. Nuisances
Sec. 9-41. Definition.
Sec. 9-41.5. Specific nuisances.
Sec. 9-42. Authority to enter on property.
Sec. 9-43. Abatement without notice.
Sec. 9-44. Notice to abate.
Sec. 9-45. Declaration of nuisance by board.
Sec. 9-46. Assistance to abate generally.
Sec. 9-47. Recovery of expenses.
ARTICLE I.
IN GENERAL
Sec. 9-1. Aid to an offense--Generally.
It shall be unlawful for any person, in any way or manner, to aid, abet, counsel, advise or encourage any
other person in the commission of any of the acts mentioned in this chapter or in any manner encourage the
commission of such offense hereby defined.
(Ord. No. 117, § 2(1-2), 12-6-77)
State Law References: Complicity, § 18-1-603, C.R.S. 1973; accessory to crime, § 18-8-105.
Sec. 9-2. Same--Parent or guardian.
It shall be unlawful for any parent or guardian to knowingly permit any minor child within his custody
to violate or to approve, allow, tolerate or consent to the violation by any such child of any provision of this
article or any ordinance of the town.
(Ord. No. 76, § 3, 11-2-71)
Sec. 9-3. Encouraging delinquency.
It shall be unlawful for any person, by any act or neglect, to encourage, aid or cause a child to come
within the purview of the juvenile authorities; and it shall likewise be unlawful for any person, after notice that
a driver's license of any child has been suspended or revoked, to permit such child to operate a motor vehicle
during the period that such driver's license is suspended or revoked.
(Ord. No. 117, § 2(1-9), 12-6-77)
State Law References: Children's Code, Title 19, C.R.S. 1973; Interstate Compact on Juveniles, § 24-60-701 et seq., C.R.S.
1973; damages for destruction by minors, § 13-21-107, C.R.S. 1973.
Sec. 9-4. Curfew; child's responsibility.
It shall be unlawful for any child under the age of 18 years to be or remain upon any street, alley or other
public place subsequent to the hour of 10:30 p.m., or prior to the hour of 5:00 a.m., except for lawful
employment or unless there exists a reasonable necessity thereof, or unless such child is accompanied by the
parent, guardian or other person of the age of 21 years having permission of the parent or guardian to have the
custody and care of such child; provided, that on Friday and Saturday nights the curfew hours for children
between the ages of 15 and 18 years shall be extended to the hour of 1:00 a.m., by permission of parents.
(Ord. No. 76, § 2, 11-2-71)
Sec. 9-5. Escape--Generally.
It shall be unlawful for any person convicted of any offense or in lawful custody to escape or attempt to
escape from custody.
(Ord. No. 117, § 2(1-10), 12-6-77)
State Law References: Escapes, § 18-8-208, C.R.S. 1973; attempt to escape, § 18-8-208.1; sentence for escape, § 18-8-209.
Sec. 9-6. Same--Aiding.
It shall be unlawful for any person to aid or assist any person to escape from lawful confinement or to
assist any person to escape from the custody of any peace officer.
(Ord. No. 117, § 2(1-1), 12-6-77)
State Law References: Aiding escape, § 18-8-201, C.R.S. 1973.
Sec. 9-7. Same--Consecutive sentences.
Any sentence imposed following conviction of an offense under section 9-5 or 9-6 shall run
consecutively and not concurrently with any sentence which the offender was serving at the time of the conduct
prohibited by those sections.
State Law References: Similar provisions, § 18-8-209, C.R.S. 1973.
Sec. 9-8. Possession or consumption of alcoholic beverages in certain places.
It shall be unlawful for any person to carry or have in his possession any open containers of malt, vinous
or spirituous liquors or fermented malt beverages on any street, sidewalk, alley, parking lot or other public place
within the corporate limits of the town, in any motor vehicle within the corporate limits of the town or on the
grounds of any public or private school within the corporate limits of the town, nor shall any person drink any
malt, vinous or spirituous liquors or fermented malt beverages in any of the above enumerated places within the
corporate limits of the town. Provided, however, that open containers of fermented malt beverages may be
carried or had in the possession of and may be consumed by persons in an area specified by the board of
trustees only during such times as a special event permit under the provisions of C.R.S. 1973, section 12-48-101
et seq., is in effect for said area.
(Ord. No. 84, § 1, 12-5-72; Ord. No. 114, § 1, 11-1-77)
State Law References: Consumption of alcoholic beverages in public place, § 12-47-128(1)(h), C.R.S. 1973; driving under
the influence, § 42-4-1202, C.R.S. 1973.
Sec. 9-9. Alcoholic beverages and fermented malt beverages; procuring or selling to minors.
It shall be unlawful for any person to procure, sell or give away any alcoholic beverage to any person
under the age of 21 years or for a person under the age of 21 years to purchase, attempt to purchase or otherwise
procure, consume or have in his possession any alcoholic beverage; provided, however, that the minimum age
for the possession of a fermented malt beverage containing not more than three and two-tenths percent of
alcohol by weight shall be the minimum legal drinking age as defined in the Colorado Beer Code (C.R.S. 1246-112).
(Ord. No. 117, § 2(1-4), 12-6-77; Ord. No. 198, 6-7-88)
Sec. 9-10. Possession of marijuana.
(a)
Definition. As used in this section, "cannabis" includes all parts of the plant Cannabis Sativa L.,
whether growing or not; the seeds thereof, the resin extracted from any part of such plant; and every compound,
manufacture, salt, derivative, mixture or preparation of such plant, its seeds or resin, but shall not include the
mature stalks of such plant, fiber produced from its stalks, oil or cake made from the seeds of such plant or any
other compound, manufacture, salt, derivative, mixture or preparation of its mature stalks, except the resin
extracted therefrom, fiber, oil or cake or the sterilized seed of such plant which is incapable of germination.
(b)
Prohibited. Any person who possesses one ounce or less, by weight, of cannabis is guilty of a
violation of this section.
(c)
Procedure. Whenever a person is arrested or detained for a violation of subsection (b) of this
section, the arresting or detaining officer shall prepare a written notice or summons to appear in court, which
written notice or summons shall contain the name and address of such person arrested or detained, the time and
place such person shall appear and a place for such person to execute his or her written promise to appear at the
time and place indicated on the notice or summons. One copy of said notice or summons shall be given to the
person arrested or detained, one copy shall be sent to the court where the arrested or detained person is to
appear and one copy shall be retained by the arresting or detaining officer.
(d)
Penalty. The maximum fine for a violation of this section shall be $100.00.
(Ord. No. 142, §§ I--IV, 5-6-80)
State Law References: Possession of marijuana, § 18-18-106, C.R.S. 1973; "marijuana" defined, § 12-22-303, C.R.S. 1973.
Sec. 9-11. Assault, etc.
(a)
Attempted assault. It shall be unlawful for any person to commit an attempted assault; an
attempted assault is hereby defined as an unlawful attempt or offer, coupled with the apparent present ability, to
make or cause forceful contact with the person of another under circumstances which create a reasonable
apprehension of imminent forceful contact.
(b)
Assault. It shall be unlawful for any person to knowingly or recklessly cause bodily injury to
another person or with criminal negligence to cause bodily injury to another person by means of a deadly
weapon.
(c)
Intimidation. It is a violation of this section for any person, alone or with others, without legal
authority, to communicate, through voice or other means, a threat to another to confine or restrain him or to
damage his property or reputation, either at a time coincident with such threat or at a time in the future. Such
threat must be reasonably construed to be the same and must reasonably induce fear, although the threatened
person may act within his legal rights even in light of the fear.
(d)
Menacing. It is a violation of this subsection for any person, by any threat or physical action, to
intentionally place or attempt to place another person in fear of imminent serious bodily injury.
(e)
Imprisonment; violence generally. It shall be unlawful for any person to imprison or to inflict
any violence on another.
(Ord. No. 68, § 2, 6-6-70; Ord. No. 76, § 1, 11-2-71; Ord. No. 117, § 2(1-3), 12-6-77)
State Law References: Assaults, § 18-3-201 et seq., C.R.S. 1973; criminal attempt, § 18-2-101; harassment, § 18-9-111;
throwing missiles at vehicles, § 18-9-116.
Sec. 9-12. Reckless endangerment.
It shall be unlawful for a person to recklessly engage in conduct which creates a substantial risk of
serious bodily injury to another person.
(Ord. No. 124, § 2, 5-2-78)
State Law References: Similar provisions, § 18-3-208, C.R.S. 1973.
Sec. 9-13. Loudspeakers; sound trucks.
It shall be unlawful for any person to play, operate or use any device known as a sound truck,
loudspeaker or sound-amplified radio or phonograph, with loudspeaker or sound amplifier or any instrument of
any kind or character which emits loud or raucous noises and is attached to and upon any vehicle unless such
person in charge of such vehicle shall have first applied to and received permission from the board of trustees to
operate any such vehicle so equipped.
(Ord. No. 117, § 2(1-16), 12-6-77)
Cross References: Motor vehicles and traffic, Ch. 7.
State Law References: Noise abatement, § 25-12-101 et seq., C.R.S. 1973.
Sec. 9-14. Disorderly conduct.
It shall be unlawful for any person to intentionally, knowingly or recklessly make a coarse and
obviously offensive utterance, gesture or display in a public place or in any manner to insult, taunt or challenge
another person in a public place, which utterance, gesture, display, insult, taunt or challenge tends to or is likely
to provoke an immediate breach of the peace or any violent or disorderly response.
(Ord. No. 68, § 2, 6-6-70; Ord. No. 117, § 2(1-7), 12-6-77)
State Law References: Disorderly conduct, § 18-9-106, C.R.S. 1973.
Sec. 9-15. Resisting officer.
It shall be unlawful for any person to interfere willfully with, resist, delay, obstruct, molest or threaten to
molest any officer of the town in the exercise of his official duties.
(Ord. No. 117, § 2(1-21), 12-6-77)
State Law References: Obstruction of public justice, § 18-8-101 et seq., C.R.S. 1973.
Sec. 9-16. Impersonating officer.
It shall be unlawful for any person to represent falsely himself to be an officer of the town or to attempt
to impersonate any such officer or without authority to perform any official act therein on behalf of an officer.
(Ord. No. 117, § 2(1-12), 12-6-77)
State Law References: Impersonating a peace officer, § 18-8-112, C.R.S. 1973; impersonating a public servant, § 18-8-113.
Sec. 9-17. Disorderly house.
It shall be unlawful for any person to permit any person to disturb or to tend to disturb the peace of
others by violent, tumultuous, offensive or obstreperous conduct, or by loud or unusual noises, or by unseemly,
profane, obscene or offensive language; or by assaulting, striking, or fighting another in any house or upon any
premises owned or possessed by him or under his management or control, when within his power to prevent, so
that others in the vicinity are or may be disturbed thereby.
(Ord. No. 68, § 2, 6-6-70)
Sec. 9-18. Public indecency.
No person shall perform any of the following in a public place or where the conduct may reasonably be
expected to be viewed by members of the public:
(1)
An act of sexual intercourse.
(2)
An act of deviate sexual intercourse.
(3)
A lewd exposure of the body done with intent to arouse or to satisfy the sexual desire of any
person.
(4)
A lewd fondling or caress of the body of another person.
(Ord. No. 68, § 2, 6-6-70; Ord. No. 117, § 2(1-19), 12-6-77)
State Law References: Public indecency, § 18-7-301 et seq.; harassment, § 18-9-111.
Sec. 9-19. Theft.
No person shall knowingly obtain or exercise control over anything of value of another without
authorization, or by threat or deception, and:
(1)
Intend to deprive the other person permanently of the use or benefit of the thing of value; or
(2)
Knowingly use, conceal or abandon the thing of value in such manner as to deprive the other
person permanently of its use or benefit; or
(3)
Use, conceal 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)
Demand any consideration to which he is not legally entitled as a condition of restoring the thing
of value to the other person.
(Ord. No. 117, § 2(1-20), 12-6-77)
State Law References: Theft, § 18-4-401, C.R.S. 1973.
Sec. 9-20. Swindling.
It shall be unlawful for any person, by color or aid of any trick of sleight of hand performance, or by
fraud or by fraudulent scheme, cards, dice or device, to obtain for himself or for another any money or property
or a representative of either.
(Ord. No. 117, § 2(1-23), 12-6-77; Ord. No. 124, § 2, 5-2-78)
Sec. 9-21. Malicious injury to property.
It shall be unlawful for any person willfully and maliciously to injure, deface, mutilate, remove, pull
down, break or in any manner interfere with or molest or secrete or destroy any real or personal property
belonging to, or under the control of, any person.
(Ord. No. 117, § 2(1-17), 12-6-77)
State Law References: Criminal mischief, § 18-4-501, C.R.S. 1973.
Sec. 9-22. Trespassing.
(a)
It shall be unlawful for any person to take down any fence or let down any bars or to open any
gate in or on the property of another without the consent of the owner, occupant or person in charge thereof.
(b)
It shall be unlawful for any person to knowingly lodge in, or use or occupy, any barn, garage,
shed, shop or other house or building or structure, or any automobile, truck, railroad car or other vehicle,
without permission of the owner or person entitled to possession.
(c)
It shall be unlawful for any person to knowingly lodge in any public way, park or place.
(d)
It shall be unlawful for any person to knowingly, in the nighttime, enter upon any privately
owned real property which is not open to the use of the public unless he has first obtained the consent of the
owner or person in possession or control thereof.
(e)
A person is guilty of trespassing by remaining on the premises of another after being requested to
leave by the owner, the tenant or the person in possession and control of such premises, or by returning to said
premises within 24 hours from the request to leave or within such period of time as specified in the request,
without the permission of the owner, the tenant or the person in control and possession of such premises.
(Ord. No. 117, § 2(1-24), 12-6-77)
State Law References: Criminal trespass, § 18-4-502 et seq., C.R.S. 1973.
Sec. 9-23. False pretenses.
It shall be unlawful for any person to obtain any food, drink, goods, wares or merchandise under false
pretenses, or to enter any public place and call for refreshments or other articles and receive and refuse to pay
for same, or depart without paying for or satisfying the person from whom he received the food, goods, wares
and merchandise.
(Ord. No. 117, § 2(1-11), 12-6-77)
State Law References: Fraud in use of credit cards, etc., § 18-5-201 et seq., C.R.S. 1973.
Sec. 9-24. Fraudulently avoiding payment of admission fees.
It shall be unlawful for any person fraudulently to enter, without payment of the proper admission fee,
any theater, ballroom, lecture, concert or other place where admission fees are charged; provided, however, that
nothing contained in this section shall be deemed to prohibit or restrict the free admission of police officers
engaged in the performance of police duties to any place of public entertainment or amusement.
(Ord. No. 117, § 2(1-13), 12-6-77)
Sec. 9-25. Unlawful assembly.
It shall be unlawful for two or more persons to assemble together for the purpose of disturbing the peace
or for the purpose of committing an unlawful act and not to disperse upon the command of an officer so to do.
(Ord. No. 117, § 2(1-22), (1-25), 12-6-77)
State Law References: Riot offenses, § 18-9-101 et seq., C.R.S. 1973.
Sec. 9-26. Obstructing public streets, places or buildings.
(a)
Definitions. For the purposes of this section:
Obstruction means the interference with or prevention of convenient or reasonable passage or
use of the public street, alley, sidewalk, way, place or building, or entrance or doorway into or out of any
building which is open to the public, by any individual or group of individuals.
Public means affecting or likely to affect persons in a place to which the public or a substantial
group has access; among said places are included public streets, alleys, sidewalks, public places, public
buildings, any places of commerce, business or amusement, while said buildings, places of commerce,
business or amusement are open to the public.
(b)
Prohibited conduct. It is unlawful for any person, whether alone or with others, without legal
privilege to do so, to obstruct vehicular or pedestrian movement on any street, alley, sidewalk, way, place or
doorway or entrance into or out of any building which is open to the public. "Unlawful" as used in this
subsection shall be construed to cover the following:
(1)
One, whether alone or with others, intentionally causes or creates an obstruction.
(2)
One, whether alone or with others, causes, creates or contributes to causing or creating an
obstruction where a reasonable person in the same circumstances would be aware that he was
causing, creating or contributing to causing or creating an obstruction.
"Legal privilege to do so," as used in subsection (a) hereof, shall include, along with the exceptions of
subsection (c), by way of illustration but not limitation, the following as examples: Awaiting public
transportation in areas designated therefor and persons acting in accordance with a license or permit issued by
the town for construction or other work in, over, on or under the public way or place.
(c)
Exceptions.
(1)
No person shall be deemed to have violated this section solely because of a gathering of persons
for the purpose of hearing him speak or solely because of being a member of such a gathering. A
person in a gathering commits a violation if he refuses to obey a reasonable request or order by a
police officer to move:
a.
To prevent obstruction of a public street, alley, sidewalk, public way, place or building,
or entrance or doorway into or out of a building, or entrance or doorway into or out of a
building open to the public. A request or order to move addressed to a person whose
speech attracts an obstructing audience shall not be reasonable if the obstruction can be
relieved by police control.
b.
(2)
To maintain public safety by dispersing those gathered in dangerous proximity to a fire or
hazard.
The provisions of subsection (b) above shall not apply to persons on a sidewalk or street along
the route of a parade. However, any such persons who fail to move when requested to do so by a
police officer making a lane available for pedestrians commit a violation of this section.
(d)
Repeated violations. If a person requested or ordered by a police officer to move in accordance
with this section does not leave the area, and moves elsewhere, and thereafter either alone or with others so as to
cause an obstruction of the public street, alley, sidewalk, public way, place or building, or other entrance or
doorway into or out of a building open to the public, or sits, lies or sleeps on the public street, alley, sidewalk or
other public way, he commits a violation of this section without further request or order by the police officer to
move.
(Ord. No. 117, § 2(1-26), 12-6-77)
Cross References: Duties of police officers, § 11-6; streets and sidewalks, Ch. 13.
State Law References: Obstructing highway or other passageway, §§ 18-9-107, 43-5-301, C.R.S. 1973; general municipal
powers as to streets and alleys, § 31-15-702, C.R.S. 1973.
Sec. 9-27. Littering.
(a)
For the purposes of this section:
Litter means all rubbish, waste material, refuse, garbage, trash, debris or other foreign
substances, solid or liquid, of every form, size, kind and description.
Public or private property includes, but is not limited to, the right-of-way of any road or
highway, any body of water or watercourse, including frozen areas or the shores or beaches thereof, any
park, playground or building, any refuge, conservation or recreation area and any residential, farm or
ranch properties or timberlands.
(b)
No person shall deposit, throw or leave any litter on any public or private property or in any
(c)
It shall be an affirmative defense under this section 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; or
(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 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.
waters.
(d)
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.
(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 the fine upon the condition that the convicted person gather and remove from
specified public property or specified private property, with prior permission of the owner or tenant in lawful
possession thereof, any litter found thereon.
(Ord. No. 68, § 1, 6-6-70)
Editors Note: Section 1 of Ord. No. 156, adopted Nov. 2, 1982, repealed Ord. No. 48, concerning garbage and refuse.
Section 5 of Ord. No. 48, adopted Nov. 4, 1958, was listed in the ordinance history for Code § 9-27 and has been removed from the
history note.
Cross References: Solid waste, Ch. 12.
State Law References: Littering of public and private property, § 18-4-511, C.R.S. 1973; foreign matter on highway, § 42-41207, C.R.S. 1973.
Sec. 9-28. Certain provisions not affected by Code.
Nothing in this Code or the ordinance adopting this Code shall affect any section entitled "disturbing the
peace" or "indecent exposure," and all such provisions are hereby recognized as continuing in full force and
effect to the same extent as if set out at length in this Code.
State Law References: State law references--Public indecency, § 18-7-301 et seq., C.R.S. 1973; disorderly conduct, § 18-9106, C.R.S. 1973.
Sec. 9-28.1. Arson.
It shall be unlawful for a person to knowingly or recklessly start or maintain a fire or cause an explosion,
on his property or that of another, and by so doing place another in danger of death or serious bodily injury or
place any building or occupied structure of another in danger of damage.
(Ord. No. 165, § I, 2-7-84)
Editors Note: Ord. No. 165, § I, adopted Feb. 7, 1984, amended the Code by the addition of §§ 9-28--9-40. However, since
the Code already contained a § 9-28, the provisions designated by said ordinance as § 9-28 have been redesignated as § 9-28.1 at the
discretion of the editor.
Sec. 9-29. Theft of rental property.
It shall be unlawful for a person to commit theft of rental property by:
(1)
Obtaining the temporary use of personal property of another, which is available only for hire, by
means of threats or deception, or knowing that such use is without the consent of the person
providing the personal property; or
(2)
Having lawfully obtained possession for temporary use of the personal property of another which
is available only for hire, knowingly failing to reveal the whereabouts of or returning said
property to the owner thereof or his representative or to the person from whom he has received it
within 72 hours after the time at which he agreed to return it.
(Ord. No. 165, § I, 2-7-84)
Sec. 9-30. Criminal tampering.
It shall be unlawful for any person to commit criminal tampering by:
(1)
Tampering with the property of another with intent to cause injury, inconvenience, or annoyance
to that person or to another or to knowingly make unauthorized connection with the property of a
utility.
(2)
Capping, placing, dumping or depositing any substance or material in the property of any public
utility within the Town of Bayfield, which will in any manner injure or obstruct the same.
(Ord. No. 165, § I, 2-7-84; Ord. No. 178, § I, 5-7-85)
Sec. 9-31. Criminal use of a noxious substance.
(a)
It shall be unlawful for any person to deposit on the land or in the building or vehicle of another,
without his 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.
(b)
It shall be an affirmative defense that a peace officer, as defined in section 9-32(c), in the
performance of his duties reasonably used a noxious substance.
(Ord. No. 165, § I, 2-7-84)
Sec. 9-32. Obstructing a peace officer or fireman.
(a)
It shall be unlawful for a person to obstruct a peace officer or fireman when, by using or
threatening to use violence, force, or physical interference, or obstacle, he knowingly obstructs, impairs, or
hinders the enforcement of the penal law or the preservation of the peace by a peace officer, acting under color
of his official authority, or knowingly obstructs, impairs, or hinders the prevention, control, or abatement of fire
by a fireman, acting under color of his official authority.
(b)
It is no defense to a prosecution under this section that the peace officer or fireman was acting in
an illegal manner, if he was acting under color of his official authority. A peace officer or fireman acts "under
color of his official authority" when, in the regular course of duties, he is called upon to make, and does make, a
judgment in good faith based upon surrounding facts and circumstances.
(c)
The term "peace officer" and "fireman" are defined as a peace officer or fireman in uniform, or if
out of uniform, one who has identified himself by exhibiting his credentials as such to the person who is
unlawfully obstructing him. Peace officer means a sheriff, undersheriff, deputy sheriff, police officer, state
patrol officer, coroner, marshal, any officer, guard or supervisory employee of any institution within the
department of corrections, a district attorney, assistant district attorney, or deputy district attorney, an authorized
investigator of a district attorney or the attorney general, a probation or parole officer, an officer or member of
the Colorado National Guard while acting under call of the governor, an agent of the Colorado Bureau of
Investigation, a wildlife conservation officer, a parks and recreation officer, or a security guard employed by the
State of Colorado.
(Ord. No. 165, § I, 2-7-84)
Sec. 9-33. False reporting to authorities.
It shall be unlawful for a person to:
(1)
Knowingly cause a false alarm of fire or other emergency to be transmitted to or within an
official volunteer fire department, ambulance service, or any other government agency which
deals with emergencies involving danger to life or property; or
(2)
Make a report or knowingly cause the transmission of a report to law enforcement authorities of
a crime or other incident within their official concern when he knows that it did not occur; or
(3)
Make a report or knowingly cause 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 has no such information or knows that the information is false.
(Ord. No. 165, § I, 2-7-84)
Sec. 9-33.1. Theft by check.
(1)
It shall be unlawful for any person:
(a)
To issue or pass a check as payment for any goods, services, or other thing of value, or in
exchange for cash when that person knew that, at the time of the issuance of the check, there
were insufficient funds existing within the account being drawn upon to cover the check. For
purposes of this section 9-33.1, the term "insufficient funds" means that a drawer either (1) has
insufficient funds with the drawee to pay a check (2) the drawer has no checking account with
the drawee or (3) has funds in a checking account with a drawee in an amount less than the
amount of the check plus the amount of all other checks outstanding at the time of issuance.
(b)
To issue or pass a check as payment for any goods, services or other thing of value, or an
exchange for cash, and to thereafter fail to tender sufficient funds to make the check good within
14 days of notification, pursuant to section 9-33.1(2)(c), from either the drawee upon which the
check was drawn or from the holder of the check that the check has been twice refused by the
drawee for insufficient funds. A prima facie case of a violation of this paragraph shall be
established upon a showing that the holder of the check has complied with the provisions of
section 9-33.1(2).
(c)
To stop payment or cause payment to be stopped on any check issued or passed as payment for
any goods, services or other thing of value, or in exchange for cash, when that person does so
with the intent to defraud.
(d)
To open a checking account, negotiable order of withdrawal account, or share draft account
using false identification or an assumed name, for the purpose of and with the intent of
committing theft by check.
(2)
Prior to filing a complaint under this section, the holder of the check shall have:
(a)
Obtained sufficient identification from the drawer at the time of acceptance of the check to verify
the name and address of the drawer; and
(b)
Presented the check to the drawee for acceptance or refusal for the first time within 30 days of
the date of issuance of the check; and
(c)
Upon twice presenting the check to the drawee for collection and having twice received the
check back for insufficient funds, the holder of the check shall send a letter notifying the drawer
of the refusal of the drawee to accept the check and requiring payment by the drawer within 14
days of receipt of the letter. Said letter shall be sent by certified mail, return receipt requested, to
the drawer of the check at the address obtained by the holder at the time the check was written.
The return receipt reflecting acceptance of the addressee or the refusal of the addressee to claim
the certified mailing shall be conclusive proof of compliance with the notice requirements of this
section.
(3)
Nothing in this section shall apply where the value of the check exceeds $300.00 or where the
offender is under accusation of formal criminal charges involving the issuance of two or more checks with an
aggregate value of $300.00 or more.
(4)
A bank, savings and loan association, industrial bank or credit union shall not be civilly or
criminally liable for releasing information relating to the drawer's account to any police authority or officer of
the court of this municipality provided the release of such information is for purposes of investigating or
prosecuting a potential or alleged violation of this section.
(5)
In imposing a penalty for violation of this section, the municipal court is specifically authorized
and empowered to require restitution in full to the person or entity to whom any such check described herein
was issued as a portion of, or in addition to, any penalty deemed appropriate by the court.
(6)
Any person who violates any of the provisions of this section shall be subject to a penalty in the
form of a fine not to exceed $300.00 or imprisonment for a period not to exceed 90 days or by both such fine
and imprisonment.
(Ord. No. 205, 2-7-89)
Editors Note: Provisions enacted by Ord. No. 205, adopted Feb. 7, 1989, and designated as § 9-33, have been redesignated
as § 9-33.1 at the discretion of the editor to avoid duplicative section numbering.
Sec. 9-34. Interference with staff, faculty, or students of educational institutions.
(a)
No person shall, on or near the premises or facilities of any educational institution, willfully deny
to students, school officials, employees, and invitees:
(1)
Lawful freedom of movement on the premises;
(2)
Lawful use of the property or facilities of the institution;
(3)
The right of lawful ingress and egress to the institution's physical facilities.
(b)
No person shall, on the premises of any educational institution or at or in any building or other
facility being used by any educational institution, willfully impede the staff or faculty of such institution in the
lawful performance of their duties or willfully impede a student of the institution in the lawful pursuit of his
educational activities through the use of restraint, abduction, coercion, or intimidation or when force and
violence are present or threatened.
(c)
No person shall willfully refuse or fail to leave the property of or any building or other facility
used by any educational institution upon being requested to do so by the chief administrative officer, his
designee charged with maintaining order on the school premises and in its facilities, or a dean of such
educational institution, if such person is committing, threatens to commit, or incites others to commit any act
which would disrupt, impair, interfere with, or obstruct the lawful missions, processes, procedures, or functions
of the institution.
(d)
It shall be an affirmative defense that the defendant was exercising his right to lawful assembly
and peaceful and orderly petition for the redress of grievances, including any labor dispute between an
educational institution and its employees, any contractor or subcontractor, or any employee thereof.
(Ord. No. 165, § I, 2-7-84)
Sec. 9-35. Gambling.
(a)
It shall be unlawful for a person to engage in gambling. Gambling is defined as risking money,
credit, deposit, or other thing of value for gain contingent in whole or in part upon lot, chance, the operation of a
gambling device, or the happening or outcome of an event, including a sporting event, over which the person
taking a risk has no control, except those acts or transactions expressly authorized by law.
(b)
Gambling device means any device, machine, paraphernalia, or equipment that is used or usable
in the playing phases of any professional gambling activity, whether that activity consists of gambling between
persons or gambling by a person involving the playing of a machine.
(Ord. No. 165, § I, 2-7-84)
Sec. 9-36. Unlawful to discard or abandon iceboxes or motor vehicles and similar items.
It shall be unlawful for any person to abandon or discard, in any public or private place accessible to
children, any chest, closet, piece of furniture, refrigerator, icebox, motor vehicle, or other article having a
compartment or capacity of one and one-half cubic feet or more and having a door or lid which when closed
cannot be opened easily from the inside, or who, being the owner, lessee, or manager of such place, knowingly
permits such abandoned or discarded article to remain in such condition.
(Ord. No. 165, § I, 2-7-84)
Sec. 9-36.1. Abandoned vehicles.
(a)
Definitions: The following definitions shall apply to the interpretation and enforcement of the
provisions of this section:
(1)
Property means any real property located within the corporate boundaries of the town which is
not a public street or highway.
(2)
Vehicle means a machine propelled by power other than human power designed to travel along
the ground by use of wheels, treads, runners or slides, intended to transport persons or property
or intended as a temporary shelter for persons, and shall include, without limitation, automobiles,
trucks, trailers, motorcycles, tractors, mobile homes, motor homes, and travel trailers.
(b)
It shall be unlawful for any person to leave any partially dismantled, wrecked, discarded or
junked vehicle on any property within the town.
(c)
It shall be unlawful for any person to abandon any vehicle within the town, and no person shall
leave a vehicle on any property within the town for such time or under such circumstances as to cause such
vehicle reasonably to appear to have been abandoned. For the purposes of this section, any vehicle which has
not been moved for a period of 30 days shall be conclusively deemed to be abandoned.
(d)
It shall be unlawful for any person who is the owner of or otherwise in control of any property
within the town to permit or allow any partially wrecked, junked, inoperable or abandoned vehicle to remain on
any such property longer than 30 days, provided that this section shall not apply to any vehicle which is stored
in an enclosed building or which is otherwise fully concealed or to a vehicle on the premises of a lawful
business enterprise when such vehicle is necessary to the operation of such business enterprise.
(e)
The marshal or any member of the police department is hereby authorized to investigate any
vehicle which appears to be in violation of the provisions of this section.
(f)
In addition to any other penalty which may be imposed, any violation of this section shall be
deemed a nuisance as defined in section 9-41; and any violation of this section may be abated in the manner
provided in section 9-44; and the expenses associated with the abatement of the violation of this section may be
collected by the town as provided in section 9-47.
(Ord. No. 216, 9-3-91)
Sec. 9-37. Unlawfully carrying a concealed weapon; unlawful possession of a dangerous or illegal weapon.
(a)
It shall be unlawful for a person to knowingly and unlawfully:
(1)
Carry a knife concealed on or about his person; or
(2)
Carry a firearm concealed on or about his person; or
(3)
Without legal authority, carry, bring, or have in his possession a firearm or any explosive,
incendiary, or other dangerous device within any building in which the chambers, galleries, or
offices of the town government are located, or in which a legislative hearing or meeting is being
or is to be conducted.
(b)
It shall be an affirmative defense to an offense charged under this section that the defendant was:
(1)
A person in his own dwelling or place of business or on property owned or under his control at
the time of the act of carrying; or
(2)
A person in a private automobile or other private means of conveyance who carries a weapon for
lawful protection of his or another's person or property while traveling; or
(3)
A person who, prior to the time of carrying a concealed weapon, has been issued a written
permit, pursuant to state law, to carry a concealed weapon and has the permit with him at the
time; or
(4)
A peace officer, as defined in section 9-32(c), so empowered by state law.
(c)
It shall be unlawful for a person to knowingly carry or possess an illegal weapon. An illegal
weapon is defined as a blackjack, gas gun, metallic knuckles, gravity knife, or switch-blade knife.
(1)
A knife shall mean any dagger, dirk, knife, or stiletto with a blade over three and one-half inches
in length, or any other dangerous instrument capable of inflicting cutting, stabbing, or tearing
wounds, but does not include a hunting or fishing knife carried for sports use. The issue that a
knife is a hunting or fishing knife must be raised as an affirmative defense.
(2)
A blackjack shall mean and includes any billy, sand club, sandbag, or other hand-operated
striking weapon.
(3)
A gas gun shall mean a device designed for projecting gasfilled projectiles which release their
contents after having been projected from the device and includes projectiles designed for use in
such device.
(4)
A gravity knife shall mean any knife that has a blade released from the handle or sheath thereof
by the force of gravity or the application of centrifugal force, that when released is locked in
place by means of a button, spring, lever, or other device.
(5)
A switchblade knife shall mean any knife, the blade of which opens automatically by hand
pressure applied to a button, spring, or other device in its handle.
(Ord. No. 165, § I, 2-7-84)
Sec. 9-38. Prohibited use of weapon.
It shall be unlawful for a person to:
(1)
Knowingly and unlawfully aim a firearm at another person; or
(2)
Recklessly or with criminal negligence discharge a firearm or shoot a bow and arrow; or
(3)
Knowingly set a loaded gun, trap, or device designed to cause an explosion upon being tripped or
approached, and leave it unattended by a component person immediately present; or
(4)
Have in his possession a firearm while he is under the influence of an intoxicating liquor or of a
controlled substance as defined pursuant to state law. Possession of a permit issued pursuant to
state law to lawfully possess a weapon is no defense to a violation of this section.
(Ord. No. 165, § I, 2-7-84)
Sec. 9-39. Possession of drug paraphernalia.
(a)
It shall be unlawful for a person to possess drug paraphernalia with the intent to use the drug
paraphernalia under circumstances in violation of the laws of the State of Colorado and the Town of Bayfield.
(b)
Drug paraphernalia shall mean any machine, instrument, tool, equipment, or device which is
primarily designed and intended for one or more of the following:
(1)
To introduce into the human body any controlled substance under circumstances in violation of
the laws of the State of Colorado and/or the Town of Bayfield;
(2)
To enhance the effect on the human body of any controlled substance under unlawful
circumstances;
(3)
To conceal any quantity of any controlled substance under unlawful circumstances;
(4)
To test the strength, effectiveness, or purity of any controlled substance under unlawful
circumstances.
(c)
considered:
Further, in determining whether an object is drug paraphernalia, the following may also be
(1)
Statements by the owner or by anyone in control of the object concerning its use; or
(2)
The proximity of the object to a controlled substance; or
(3)
The existence of any residue of controlled substances on the object; or
(4)
Expert testimony concerning its use.
(Ord. No. 165, § I, 2-7-84)
Sec. 9-40. Theft by receiving.
It shall be unlawful for a person to receive, retain, loan money by pawn or pledge on, or dispose of
anything of value of another, knowing or believing that said thing of value has been stolen, and with the intent
to deprive the lawful owner permanently of the use or benefit of the thing of value.
(Ord. No. 165, § I, 2-7-84)
Sec. 9-40.1. Theft or mutilation of library property.
Any person who takes, without complying with the appropriate check-out procedures, or who willfully
retains any property belonging to any publicly-supported library located within the Town of Bayfield for 30
days after receiving notice in writing to return the same, given after the expiration of the time that by the rules
of such institution such property may be kept or who mutilates such property commits theft of library property
and shall be punished as provided in this Code. Provided however, that such person shall also be required to
make restitution to the library for such stolen or mutilated property. Any person refusing to accept a registered
or certified letter shall be deemed to have received notice as required herein.
(Ord. No. 183, § 1-7-86)
Sec. 9-40.2. Skateboards and skates.
It shall be unlawful for any person to ride or use a skateboard, skates, in-line skates or other similar
device upon any street within the town or upon any sidewalk or other public property adjacent to Mill Street,
South Street, Park Street, North Street, Pine Street, Pearl Street, Church Street or East Street. The provisions of
this section shall not apply to any area which is posted as being designated for such use or to the use of any
rolling device by a disabled person.
(Ord. No. 266, 8-16-00)
Cross References: Streets and sidewalks, Ch. 13.
ARTICLE II.
NUISANCES*
__________
*
State Law References: Municipal abatement of nuisances, § 31-15-401, C.R.S. 1973; abatement of public nuisances
generally, § 16-13-301 et seq., C.R.S. 1973; attractive nuisance on private recreational land, § 33-41-104, C.R.S. 1973; sanitary
regulations, §§ 25-4-106, 25-4-109, C.R.S. 1973; solid waste disposal sites and facilities, § 30-20-113, C.R.S. 1973; local boards of
health, abatement of nuisances, § 25-1-602 et seq., C.R.S. 1973.
__________
Sec. 9-41. Definition.
Anything which is injurious to the health or morals or indecent or offensive to the senses or an
obstruction to the free use of property so to interfere with the comfortable enjoyment of life or property is
declared a nuisance and as such shall be abated. Among those things hereby declared nuisances are those
buildings and other structures destroyed by fire or which by neglect have deteriorated, becoming a fire hazard,
an eyesore or otherwise an offensive structure.
(Ord. No. 78, § 1, 9-5-72)
State Law References: Public nuisances defined, § 16-13-303 et seq., C.R.S. 1973.
Sec. 9-41.5. Specific nuisances.
(a)
In addition to any other conditions or activities described in this Code, the ownership, leasing,
occupying, managing or possessing of any property, structure or premises upon which any of the following
conditions are found to exist is declared to be a nuisance that may be abated by any lawful procedure:
(1)
The premises are a detriment to public health, safety or general welfare;
(2)
The premises are so defective, unsightly, or in such condition of disrepair that they substantially
diminish the value of surrounding property or are otherwise substantially detrimental to
surrounding properties. Examples of this condition shall include, but shall not be limited to, the
keeping on, or disposing of, on or the scattering over the premises of any of the following:
a.
Junk, trash, refuse or debris;
b.
Abandoned, discarded or unusable objects or equipment such as furniture, stoves, hot
water heaters, refrigerators, freezers, automobiles;
c.
Stagnant water that constitutes a health hazard;
d.
An excavation or an open foundation for which a building permit has expired; or
e.
Uncovered wells or cisterns.
(3)
The premises are so out of harmony or conformity with the maintenance standards of adjacent
properties as to cause substantial diminution of the enjoyment, use, or property values of such
adjacent properties;
(4)
The premises are abandoned, boarded up, partially destroyed, or left in an unreasonable state of
partial construction;
(5)
Buildings have dry rot, warping or termite infestation;
(6)
The premises have a substantial number of broken windows which cause hazardous conditions
and invite trespassers and malicious mischief;
(7)
The landscaping on the premises has not been maintained as follows:
(8)
a.
Trees and shrubs have not been trimmed and are overhanging public rights-of-way;
b.
Weeds or other growth over 12 inches and that have not been removed or cut except in
areas where such removal is impractical such as irrigation ditches or other inaccessible
areas; or
c.
Dead or diseased plants have not been removed or replaced.
The exterior of commercial establishments or multifamily buildings have not been maintained so
as to present a neat and orderly appearance which is compatible with the area.
(b)
The items described herein are intended to allow for a reasonable method of controlling
nuisances by providing notice of conditions that may constitute a nuisance, but are not intended to be exclusive
of any other condition that constitutes a nuisance.
(Ord. No. 318, 11-7-06)
Sec. 9-42. Authority to enter on property.
The town marshal, trustees or any other persons who may be directed or deputized by the board of
trustees may enter upon or into any lot, house or other building or premises, with proper respect for the
occupant's constitutional rights, to examine the same and to ascertain whether any nuisance exists, and shall be
free from any action or liability on account thereof.
(Ord. No. 78, § 7, 9-5-72)
Sec. 9-43. Abatement without notice.
In case of any nuisance in or upon any street, avenue, alley, sidewalk, highway or public grounds in the
town, the town marshal or town administrator may abate the same forthwith without notice.
(Ord. No. 78, § 4, 9-5-72)
Sec. 9-44. Notice to abate.
Any state or things prohibited by this article shall be deemed a nuisance, and any person who shall make
or cause such nuisance to exist shall be deemed the author thereof. Provided, that any person who shall have
possession or control of any private ground or premises, whether he is the owner thereof or not, in or upon
which any such nuisance shall exist or may be found, whether such nuisance has been heretofore or shall be
hereafter created, shall be deemed guilty of a separate offense, as the author of a nuisance, for every period of
48 hours' continuance of such nuisance after due notice given to abate the same. The written notice of 48 hours
may be given and served by the town marshal or other officers as he may designate, or by certified mail in the
event such owner cannot be served in La Plata County, Colorado.
(Ord. No. 78, § 2, 9-5-72)
Sec. 9-45. Declaration of nuisance by board.
In the event that any nuisance within or upon any private premises or grounds is not abated forthwith
after the notice provided in this article shall be given, the board of trustees may declare the same to be a
nuisance and order the town marshal to abate the same, which order shall be executed without delay; and the
town marshal shall have the authority to call for the necessary assistance therefor.
(Ord. No. 78, § 3, 9-5-72)
Sec. 9-46. Assistance to abate generally.
Any officer who shall be duly authorized to abate any nuisance specified in this article shall have
authority to engage the necessary assistance and incur the necessary expenses thereof.
(Ord. No. 78, § 5, 9-5-72)
Sec. 9-47. Recovery of expenses.
The expense incurred by the town in abating any nuisance may be collected by proper action from the
creator thereof.
(Ord. No. 78, § 6, 9-5-72)