CHAPTER 10

General Offenses

Article I General Provisions

Sec. 10-1-10 Definitions generally

Sec. 10-1-20 Intent

Sec. 10-1-30 Affirmative defenses

Sec. 10-1-40 Parental responsibility for acts of minor children

Sec. 10-1-50 Attempts; aiding, abetting or advising

Sec. 10-1-60 Accessory to crime

Sec. 10-1-70 Violations

Article II Government and Public Officers

Sec. 10-2-10 False reports generally

Sec. 10-2-20 User alarms; excessive use fee

Sec. 10-2-30 False reports to law enforcement authorities

Sec. 10-2-40 Impersonation of police officer

Sec. 10-2-50 Interfering with or obstruction of public officers or employees

Sec. 10-2-60 Resisting arrest; escaping custody; rescuing prisoner

Sec. 10-2-70 Disobeying; refusing to aid

Sec. 10-2-80 Interference with K-9 unit

Article III Public, Private and Personal Property

Sec. 10-3-10 Damaging or destroying public property

Sec. 10-3-20 Damaging or destroying private property

Sec. 10-3-30 Parking on private premises

Sec. 10-3-40 Trespassing

Sec. 10-3-50 Unlawful conduct on public property

Sec. 10-3-60 Trespass or interference in public buildings

Sec. 10-3-70 Interfering with use of streets or sidewalks

Sec. 10-3-80 Damage or removal of street signs

Article IV Theft and Related Offenses

Sec. 10-4-10 Theft

Sec. 10-4-20 Theft by check

Sec. 10-4-30 Theft of rental property

Sec. 10-4-40 Joyriding

Sec. 10-4-50 Shoplifting

Sec. 10-4-60 Concealment of goods

Sec. 10-4-70 Questioning of person suspected of theft

Sec. 10-4-80 Price switching

Sec. 10-4-90 Theft by receiving

Sec. 10-4-100 Tampering and unauthorized connection

Article V Public Peace, Order and Decency

Sec. 10-5-10 Disturbing the peace

Sec. 10-5-20 Disrupting lawful assembly

Sec. 10-5-30 Unlawful interference with educational institutions

Sec. 10-5-40 Harassment

Sec. 10-5-50 Fighting by agreement

Sec. 10-5-60 Assault

Sec. 10-5-70 Menacing

Sec. 10-5-80 Reckless endangerment

Sec. 10-5-90 False imprisonment

Sec. 10-5-100 Urination and defecation in public

Sec. 10-5-110 Storage of flammable liquids

Sec. 10-5-120 Explosives

Sec. 10-5-130 Abandoned containers and appliances

Sec. 10-5-140 Prostitution prohibited

Sec. 10-5-150 Soliciting for prostitution

Sec. 10-5-160 Keeping a place of prostitution

Sec. 10-5-170 Patronizing a prostitute

Sec. 10-5-180 Promoting sexual immorality

Sec. 10-5-190 Public indecency

Sec. 10-5-200 Indecent exposure

Article VI Minors

Sec. 10-6-10 Parent or guardian aiding, abetting

Sec. 10-6-20 Encouraging delinquency

Sec. 10-6-30 False statement; false credentials

Sec. 10-6-40 Services of others

Sec. 10-6-50 Loitering and other acts around schools

Sec. 10-6-60 Harboring prohibited; exceptions

Sec. 10-6-70 Curfew

Sec. 10-6-80 Permitting violation of curfew

Sec. 10-6-90 Possession of alcohol

Sec. 10-6-100 Distribution of cigarettes and tobacco products to minors

Article VII Alcoholic Beverages and Drugs

Sec. 10-7-10 Definitions

Sec. 10-7-20 Alcohol-related violations

Sec. 10-7-30 Drinking alcoholic beverages in vehicles

Sec. 10-7-40 Sales near schools

Sec. 10-7-50 Possession of alcohol in public places

Sec. 10-7-60 Possession of drug paraphernalia

Sec. 10-7-70 Possession of cannabis

Sec. 10-7-80 Abusing toxic vapors

Article VIII Weapons

Sec. 10-8-10 Definitions

Sec. 10-8-20 Carrying weapons

Sec. 10-8-30 Discharging firearms

Sec. 10-8-40 Furnishing to certain persons prohibited

Sec. 10-8-50 Brandishing deadly weapons

Sec. 10-8-60 Confiscation and disposition

Sec. 10-8-70 Carrying, involving intoxicants

Sec. 10-8-80 Missiles

Article IX Noise

Sec. 10-9-10 Prohibited noise

Sec. 10-9-20 Animals

Sec. 10-9-30 Sirens, whistles and red lights

ARTICLE I

General Provisions

Sec. 10-1-10. Definitions generally.

(a) Unless more specifically defined otherwise, the terms used in this Chapter shall be defined as in the Colorado Criminal Code, or as used in their ordinary, usual and accepted sense and meaning.

(b) In this Chapter, public place shall be taken to include any place commonly or usually open to the general public or to which members of the general public may resort, or which is accessible to members of the general public. By way of illustration, public places include, but are not limited to, public ways, streets, buildings, sidewalks, alleys, parking lots, shopping centers, shopping center malls, places of business usually open to the general public, and automobiles or other vehicles in or upon any such place or places; but shall not include the interior or enclosed yard area of private homes, residences, condominiums or apartments. (Prior code 3-2-1.1)

Sec. 10-1-20. Intent.

It is the intent and purpose of this Chapter not to cover and include those offenses which are felonies under state statutes, and this Chapter shall be so construed, notwithstanding any language contained in this Chapter which might otherwise be construed to the contrary. (Prior code 3-2-1.2)

Sec. 10-1-30. Affirmative defenses.

The affirmative defenses available in state statutes shall be available as affirmative defenses to prosecutions in the Municipal Court under those provisions covered by this Chapter. (Prior code 3-2-1.3)

Sec. 10-1-40. Parental responsibility for acts of minor children.

It is hereby made the duty of parents, guardians or persons having the charge, custody or control of minor children to actively prevent all minor children lawfully under their direction, control or custody from violating any section of this Chapter. (Prior code 3-2-1.4)

Sec. 10-1-50. Attempts; aiding, abetting or advising.

(a) It is unlawful for any person knowingly to engage in conduct constituting a substantial step toward the commission of an offense which would constitute a violation of any section of this Chapter. A substantial step is any conduct, whether act, omission or possession, which is strongly corroborative of the firmness of the actor's purpose or intent to complete the commission of the offense.

(b) It is unlawful for any person knowingly to aid another in a commission of an offense which would constitute a violation of this Chapter. A person who engages in conduct intending to aid another to commit an offense commits criminal attempt, if the person aids, abets or advises the other person in planning or committing the offense, even if the other person is not guilty of committing or attempting the offense. (Prior code 3-2-1.5)

Sec. 10-1-60. Accessory to crime.

It is unlawful for any person knowingly to hinder, delay or prevent the discovery, detention, apprehension, prosecution, conviction or punishment of another for the commission of a violation of any section of this Chapter by:

(1) Harboring or concealing the other;

(2) Warning 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) Providing such person with money, transportation, weapon, disguise or other thing to be used in avoiding discovery or apprehension;

(4) Using force, intimidation or deception to obstruct anyone in the performance of any act which might aid in the discovery, detection, apprehension, prosecution, conviction or punishment of such person; or

(5) Concealing, destroying or altering any physical evidence that might aid in discovery, detection, apprehension, prosecution, conviction or punishment of such person. (Prior code 3-2-1.6)

Sec. 10-1-70. Violations.

It is unlawful for any person to violate any of the provisions of this Chapter, and, except as otherwise specifically provided elsewhere in this Chapter, any such violation shall be punished as provided below:

(1) In the discretion of the Municipal Court, every person convicted of, or who pleads guilty or no contest to, a violation of any provision of this Chapter shall be punished by a fine of not less than twenty-five dollars ($25.00), but not exceeding one thousand dollars ($1,000.00) per violation or count, by imprisonment not exceeding ninety (90) days or by useful community service or any combination of the above. Each day any violation of this Chapter continues shall constitute a separate offense.

(2) Any voluntary plea of guilty or no contest to the original charge or to a lesser or substituted charge shall subject the person so pleading to all fines and/or penalties applicable to the original charge. Any restitution or court costs ordered by the Court shall be in addition to any such fine.

(3) Authority is hereby expressly granted to the Municipal Judges to award, as restitution to any victim of any action specified as unlawful in this Chapter, an amount equal to the actual damages suffered by said victim, and to order a person found or pleading guilty or no contest to any such violation to pay such restitution as ordered by the Court. Said restitution shall be determined by the submission of a bill of costs by said victim to the Court on a form approved by the Court, but the Court shall be limited to awarding as such restitution only actual costs incurred by said victim. Authority is expressly granted to the Court to order such restitution for any and all costs incurred by the public safety and/or emergency response agencies of the Town or other governmental or quasi-governmental entities in connection with the initial response to and all subsequent follow-up investigation of violations of this Chapter. Any restitution ordered by the Court shall be in addition to any fine and/or imprisonment authorized by this Chapter and shall likewise be applicable to any situation in which deferred judgment or deferred sentence is accepted and/or imposed by the Court. (Prior code 3-5-1.1, 7-5.2)

ARTICLE II

Government and Public Officers

Sec. 10-2-10. False reports generally.

(a) It is unlawful for any person to report the existence of a fire or other emergency to the police, fire department or any other agency empowered to deal with an emergency involving risk or injury to persons or property, when such person knows the report to be false. For the purposes of this Subsection, fire department means any fire protection district or fire-fighting agency of the State, County or Town; whether the employees or officers of such agency are volunteers or receive compensation for their services as firemen, or both.

(b) It is unlawful for any person to report or cause to be reported to any police agency any information concerning the commission of any offense or other incident which would require police action, when:

(1) Such person knows that no such offense or other incident has occurred; or

(2) Such person knows the information is false or that he or she has no such information.

(c) It is unlawful for any person to make telephone calls to the Town's police, fire or emergency telephone numbers, including 911, when such person makes the call knowingly but for no legitimate purpose. This Subsection shall apply regardless of whether the person who makes the call speaks or in any way communicates to the person answering the call.

(d) This Section does not apply to reports of the existence or placement of a bomb or other explosive in any public or private place or vehicle designed for transportation of persons or property. (Prior code 3-2-12.1)

Sec. 10-2-20. User alarms; excessive use fee.

When an alarm user has had six (6) avoidable alarms during a calendar year, the Chief of Police shall inform the alarm user that avoidable alarms will subject the user to an excessive use fee of fifty dollars ($50.00) for each additional avoidable alarm. An alarm user shall be provided an opportunity to present evidence as to why such alarm should not be classified as an avoidable alarm. In order to present such evidence for review, an alarm user must so notify the Town Clerk in writing within thirty (30) days after the date of mailing of any notifications to the alarm user. The failure to give timely notice shall be deemed a waiver of the right to challenge the classification. The Town Attorney and the Mayor shall comprise a committee for the purposes of reviewing challenges to the avoidable alarm classification, and their decision shall be final. (Prior code 3-2-12.2)

Sec. 10-2-30. False reports to law enforcement authorities.

(a) Falsely incriminating another. It is unlawful for a person knowingly to give false information to any law enforcement officer with a purpose to implicate another.

(b) Fictitious reports. It is unlawful for a person to:

(1) Report to law enforcement authorities an offense or other incident within their concern knowing that it did not occur; or

(2) Pretend to furnish such authorities with information relating to an offense or incident when he or she knows that he or she has no information relating to such offense or incident.

(c) Fictitious names and addresses. It is unlawful for a person to give a false name or address to a law enforcement officer with the intent of concealing or hiding one's own real name, address and/or age. (Prior code 3-2-12.3)

Sec. 10-2-40. Impersonation of police officer.

(a) It is unlawful for any person other than a police officer of the Town to wear the insignia of office of a police officer of the Town or any other insignia of office similar to or a colorable imitation of that adopted and worn by the police officers of the Town.

(b) It is unlawful for any person other than a police officer of the Town to in any manner represent himself or herself to another as a police officer of the Town.

(c) It is unlawful for any person not a Town police officer or Town employee willfully or fraudulently to represent himself to be a Town police officer or an employee of the Town.

(d) It is unlawful for any person to purport to perform the duties of any Town police officer or employee if he or she is not an authorized officer or employee of the Town.

(e) It is unlawful for any person to counterfeit, imitate or cause to be counterfeited, or colorably imitated, the badge or insignia of office used by the Police Department of the Town. (Prior code 3-2-12.4)

Sec. 10-2-50. Interfering with or obstruction of public officers or employees.

(a) It is unlawful for any person willfully and without authority to interfere with any officer of the Town in the discharge of his or her duty or to fail or refuse to comply with the order of any officer having police power within the Town.

(b) It is unlawful for any person to drive a vehicle to or close by the scene of a fire, explosion, traffic accident, riot or impending riot, other disaster or investigation so as to obstruct or impede the arrival, departure or operation of any fire truck, police vehicle, ambulance or any other emergency vehicle, or to fail to move a vehicle from the scene of such disaster when ordered to do so by police officers, firemen, emergency personnel or military personnel in the performance of their duties in coping with such fire, explosion, traffic accident, riot or impending riot, other disaster or investigation.

(c) It is unlawful for any person knowingly to resist, interfere with, impede or obstruct any police officer, fireman, Town employee or other public official who is attempting to discharge or is in the course of discharging an official duty.

(d) It is unlawful for any person to threaten violence, reprisal or any other injurious act to any police officer, fireman, Town employee or other public official who is engaged in the performance of his or her official duties, or to make such a threat by reason of such officer's performance or attempted performance of his or her official duties. (Prior code 3-12-12.5)

Sec. 10-2-60. Resisting arrest; escaping custody; rescuing prisoner.

(a) It is unlawful for any person to prevent or attempt to prevent a police officer, acting under color of his or her official authority, from effecting the arrest of any person, by the use or threatened use of force or physical violence or any other means which creates a substantial risk of causing physical injury to such police officer.

(b) Police officer, as used in this Section, means any person defined as a peace officer by Section 18-1-901, C.R.S., who is in uniform or who has displayed his or her credentials to the person whose arrest is attempted.

(c) A police officer is acting under color of his or her official authority when, in the course of his or her duties, he or she is called upon to make or does in fact make a good faith judgment based on surrounding facts and circumstances, that an arrest should be made. It is no defense to a prosecution under this Section that the arrest was unlawful if the police officer was acting under color of his or her authority and did not use unreasonable or excessive force in effecting the arrest.

(d) It is unlawful for any person to escape or attempt to escape, or in any manner aid another to escape, or attempt to rescue or rescue a person, from the custody of a police agent or from the custody of any person aiding such police agent after being commanded by such police agent so to take such person into custody; provided that the provisions of this Section shall not apply when the escapee is being held for a felony or has been charged with any felony. (Prior code 3-2-12.6)

Sec. 10-2-70. Disobeying; refusing to aid.

(a) It is unlawful for any person knowingly to disobey the lawful or reasonable order of police officers, firemen, emergency personnel or military personnel, given incident to the discharge of the official duties of such police officers or firemen or incident to the duties of emergency personnel or military personnel when coping with an emergency explosion or other disaster.

(b) A person commits an unlawful act when, upon command by a person known to him or her as a police officer, he or she unreasonably refuses to aid such police in coping with an emergency situation. (Prior code 3-2-12.7)

Sec. 10-2-80. Interference with K-9 unit.

It is unlawful for any person willfully, maliciously or wantonly to torture, torment, beat, kick, strike, tease, disable or injure any dog used by the Police Department of the Town in the performance of the functions or duties of such department; or to interfere with any such dog while being directed, controlled or used by said department or any officer or member thereof in the performance by such officer or member of any of the duties or functions of the department. (Prior code 3-2-12.8)

ARTICLE III

Public, Private and Personal Property

Sec. 10-3-10. Damaging or destroying public property.

(a) It is unlawful for any person willfully, maliciously, wantonly or negligently to destroy, deface, injure or damage any public real property or improvements thereto, or movable or personal public property or property which the law requires the Town to maintain, or which by contract the Town is required to maintain.

(b) It is unlawful for any vehicles equipped with treads or lug wheels which are injurious to pavement to be operated or caused to be operated by any person upon public streets, unless the operator of such vehicle first planks and protects such streets from damage. Nothing in this Section shall be construed to prohibit the use of studded snow tires in season or when weather requires the use of studded snow tires.

(c) This Section shall not apply when the aggregate value of the property damaged in any one (1) criminal episode is valued at one thousand dollars ($1,000.00) or more. (Prior code 3-2-3.1; Ord. 07-09)

Sec. 10-3-20. Damaging or destroying private property.

(a) It is unlawful for any person willfully, maliciously, wantonly or negligently to injure, damage or destroy the real or personal property of another; provided that this Section shall not apply to any person showing a legal right or authority to injure, damage or destroy such property. It is further provided that this Section shall not apply where the damage is effected by means of fire or explosives or with the intent to defraud.

(b) This Section shall not apply when the aggregate value of the property damaged in any one (1) criminal episode is valued at one thousand dollars ($1,000.00) or more. (Prior code 3-2-3.2;Ord. 07-09)

Sec. 10-3-30. Parking on private premises.

It is unlawful for any person to park or stand a vehicle, whether or not such vehicle is occupied, otherwise than temporarily, for the purpose of and while actually engaged in loading or unloading the vehicle, in a private driveway or on private property without the express or implied consent of the owner or person in lawful control of such driveway or property. (Prior code 3-2-2.3)

Sec. 10-3-40. Trespassing.

It is unlawful for any person without legal privilege to enter or to remain upon the premises of another or to fail or refuse to remove himself or herself from such premises when requested to leave by the owner, occupant or person having lawful control thereof. (Prior code 3-2-2.1)

Sec. 10-3-50. Unlawful conduct on public property.

(a) It is unlawful for any person to enter or remain in any public building or on any public property or to conduct himself or herself in or on them in violation of any order, rule or regulation concerning any matter prescribed in this Section, limiting or prohibiting the use, activities or conduct in such public building or on such public property, issued by any officer or agency having the power of control, management or supervision of the building or property. In addition to any authority granted by any other law, each such officer or agency may adopt such orders, rules or regulations as are reasonably necessary for the administration, protection and maintenance of such public buildings and property, specifically, orders, rules and regulations upon the following matters:

(1) Preservation of property, vegetation, wildlife, signs, markers, statues, buildings, grounds and other structures, and any object of scientific, historical or scenic interest;

(2) Restriction or limitation of the use of such public buildings or property as to time, manner or permitted activities;

(3) Prohibition of activities or conduct within public buildings or on public property which may be reasonably expected to substantially interfere with the use and enjoyment of such places by others or which may constitute a general nuisance;

(4) Camping and picnicking, public meetings and assemblages and other individual or group usages, including the place, time and manner in which such activities may be permitted;

(5) Use of all vehicles as to place, time and manner of use; and

(6) Control and limitation of fires and designation of places where fires are permitted.

(b) No conviction may be obtained under this Section unless notice of such limitation or prohibition is prominently posted at all public entrances to such building or property or unless such notice is actually first given the person by the office or agency, including any agent thereof or by any law enforcement officer having jurisdiction or authority to enforce this Section.

(c) Any person who violates this Section is guilty of unlawful conduct on public property. (Ord. 01-20)

Sec. 10-3-60. Trespass or interference in public buildings.

(a) It is unlawful for any person so to conduct himself or herself at or in any public building owned, operated or controlled by the Town, the State or any of its political subdivisions, willfully in such a manner to deny to any public official, public employee or invitee on such premises the lawful rights of such official, employee or invitee to enter, use or leave the facilities of any such public building.

(b) No person shall, at or in any public building, willfully impede any public official or employee in the lawful performance of duties or activities through the use of restraint, abduction, coercion or intimidation or by force and violence or threat thereof.

(c) No person shall willfully refuse or fail to leave any such public building upon being requested to do so by the Town officer charged with maintaining order in such public building, if the person has committed, is committing, threatens to commit or incites others to commit any act which did, or would if completed, disrupt, impair, interfere with or obstruct the lawful missions, processes, procedures or functions being carried on in the public building.

(d) No person shall, at any meeting or session conducted by any judicial, legislative or administrative body or official at or in any public building, willfully impede, disrupt or hinder the normal proceedings of such meeting or session by any act of intrusion into the chamber or other areas designated for the use of the body or official conducting the meeting or session or by any act designed to intimidate, coerce or hinder any member of such body or official engaged in the performance of duties at such meeting or session.

(e) No person shall, by any act of intrusion into the chamber or other areas designated for the use of any executive body or official at or in any public building, willfully impede, disrupt or hinder the normal proceedings of such body or official.

(f) The term public building, as used in this Section, includes any premises being temporarily used by a public officer or employee in the discharge of his or her official duties.

(g) Any person who violates any of the provisions of this Section commits an unlawful act. (Prior code 3-2-7.4; Ord. 01-20)

Sec. 10-3-70. Interfering with use of streets or sidewalks.

(a) It is unlawful for any person to willfully, maliciously, negligently or recklessly place in any doorway or driveway not owned by him or her under his or her lawful control or on any sidewalk, public highway, street or alley in the Town, any object which causes or tends to cause the obstruction thereof or of any part thereof.

(b) It is unlawful for any person, alone or in a group or assemblage of persons, whose standing, remaining or congregating on any public highway, street, alley or sidewalk in the Town shall obstruct, interfere with or prevent the free, unobstructed and reasonable use of that public highway, street, alley or sidewalk by any other person, to fail or refuse to yield to the reasonable use or passage of any other person on that public highway, street, alley or sidewalk or to fail or refuse to move on, disperse or cease such obstruction or interference immediately upon being so ordered by any police officer of the Town or other authorized peace officer. (Prior code 3-2-2.2; Ord. 01-20)

Sec. 10-3-80. Damage or removal of street signs.

It is unlawful for any unauthorized person willfully to remove, deface, injure, damage or destroy any street sign, or traffic control or warning sign or device, erected or placed in or adjacent to any street. (Prior code 3-2-3.1)

ARTICLE IV

Theft and Related Offenses

Sec. 10-4-10. Theft.

(a) It is unlawful for any person knowingly to obtain or exercise possession of or control over anything of value of another without authorization, or by threat or deception; and, if such person:

(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 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) This Section shall not apply when the aggregate value of the item taken in any one (1) criminal episode is valued at one thousand dollars ($1,000.00) or more, nor where the item taken is a motor vehicle, trade secret or credit device. (Prior code 3-2-4.1; Ord. 01-20; Ord. 07-09)

Sec. 10-4-20. Theft by check.

(a) It is unlawful for any person, knowing he or she has insufficient funds with the drawee, and with intent to defraud, to issue a check for a sum less than one thousand dollars ($1,000.00) for the payment of services, wages, salary, commission, labor, rent, money, property or other thing of value.

(b) As used in this Section:

Check means a written, unconditional order to pay a sum certain in money, drawn on a bank or other financial institution, payable on demand, and signed by the drawer, and also includes a negotiable order of withdrawal and a share draft.

Drawee means the bank upon which a check is drawn, or a bank, savings and loan association, industrial bank or credit union on which a negotiable order of withdrawal or a share draft is drawn.

Drawer means a person, either real or fictitious, whose name appears on a check as the primary obligor, whether the actual signature is that of himself or herself or of a person authorized to draw the check on himself or herself.

Insufficient funds means a drawer has insufficient funds with the drawee to pay a check when the drawer has no checking account, negotiable order of withdrawal account or share draft account with the drawee, or has funds in such an account with the drawee in an amount less than the amount of the check plus the amount of all other checks outstanding at the time of issuance; and a check dishonored for no account shall also be deemed to be dishonored for insufficient funds.

Issue means making, drawing, delivering or passing a check or causing it to be made, drawn, delivered or passed.

Negotiable order of withdrawal and share draft mean negotiable or transferable instruments drawn on a negotiable order of withdrawal account or a share draft account, as the case may be, for the purpose of making payment to third persons or otherwise.

Negotiable order of withdrawal account means an account in a bank, savings and loan association or industrial bank.

Share draft account means an account in a credit union on which payment of interest or dividends may be made on a deposit with respect to which the bank, savings and loan association, industrial bank or the credit union, as the case may be, may require the depositor to give notice of an intended withdrawal not less than thirty (30) days before the withdrawal is made, even though in practice such notice is not required and the depositor is allowed to make withdrawal by negotiable order of withdrawal or share draft.

(c) Any person having acquired rights with respect to a check which is not paid because the drawer has insufficient funds shall have standing to file a complaint under this Section, whether or not he or she is the payee, holder or bearer of the check.

(d) It is unlawful for any person 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 issuing fraudulent checks.

(e) If deferred prosecution is ordered for a violation of this Section, the Court, as a condition of supervision, may require the defendant to make restitution on all checks issued by the defendant which are unpaid as of the date of commencement of the supervision, in addition to other terms and conditions appropriate for the treatment or rehabilitation of the defendant.

(f) A bank, a savings and loan association, an industrial bank or a credit union shall not be civilly or criminally liable for releasing information relating to the drawer's account to a police officer or authorized investigator for the Police Department investigating or prosecuting a charge under this Section.

(g) This Section does not relieve the prosecution from the necessity of establishing the required culpable mental state. 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 upon which the check or order is drawn 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 issue. (Prior code 3-2-4.2; Ord. 01-20; Ord. 07-09)

Sec. 10-4-30. Theft of rental property.

It is unlawful for any person knowingly to obtain or exercise control over the personal property of another, which is available only for hire, by means of threat or deception or, knowing that such use is without consent of the person providing the personal property or having obtained possession for temporary use of the personal property of another which is available only for hire, knowingly fail to reveal the whereabouts of or to return said property to the owner thereof or his or her representatives or to the person from whom he or she received it within seventy-two (72) hours after the time at which he or she agreed to return it. This Section shall not apply where the aggregate value of the items taken in any one (1) criminal episode is valued at one thousand dollars ($1,000.00) or more. (Prior code 3-2-4.3; Ord. 01-20; Ord. 07-09)

Sec. 10-4-40. Joyriding.

It is unlawful for any person knowingly to obtain or exercise control over the motor vehicle of another without authorization or by threat or deception for the purpose of temporarily depriving that person of possession or control of the motor vehicle. (Prior code 3-2-4.4)

Sec. 10-4-50. Shoplifting.

It is unlawful for any person knowingly to obtain or exercise control over any goods, wares or merchandise having a total value of less than one thousand dollars ($1,000.00) held for sale by a store with the intention of depriving the store permanently of the use or benefit of such goods, wares or merchandise. (Prior code 3-2-4.5; Ord. 01-20; Ord. 07-09)

Sec. 10-4-60. Concealment of goods.

If any person willfully conceals unpurchased goods, wares or merchandise owned or held by and offered or displayed for sale by any store or other mercantile establishment, whether the concealment is on his or her person or otherwise and whether on or off the premises of said store or mercantile establishment, such concealment constitutes prima facie evidence that the person intended to commit the crime of theft. (Prior code 3-2-4.6)

Sec. 10-4-70. Questioning of person suspected of theft.

If any person 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 or any employee thereof or any peace officer, acting in good faith and upon probable cause based upon reasonable grounds therefor, may detain and question such person in a reasonable manner for the purpose of ascertaining whether the person is guilty of theft. Such questioning of a person by a merchant, merchant's employee or peace or police officer does not render the merchant, merchant's employee or peace officer civilly liable for slander, false arrest, false imprisonment, malicious prosecution or unlawful detention. (Prior code 3-2-4.7)

Sec. 10-4-80. Price switching.

It is unlawful for any person willfully to alter, remove or switch the indicated price of any unpurchased goods, wares or merchandise owned or held by and offered or displayed for sale by any store or other mercantile establishment; provided, however, that this Section shall not apply to goods, wares or merchandise of value of one thousand dollars ($1,000.00) dollars or more. (Prior code 3-2-4.8; Ord. 07-09)

Sec. 10-4-90. Theft by receiving.

It is unlawful for any person knowingly to receive, retain or loan money by pawn or pledge on, or dispose of anything having a value of less than one thousand dollars ($1,000.00), belonging to 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 of benefit of the thing of value. (Prior code 3-2-4.9; Ord. 01-20; Ord. 07-09)

Sec. 10-4-100. Tampering and unauthorized connection.

(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 tampering and unauthorized connection, which is unlawful.

(b) Any person who in any manner alters, obstructs or interferes with any meter pit, meter or metering device 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 tampering and unauthorized connection, which is unlawful.

(c) A person who 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, commits tampering and unauthorized connection, which is unlawful.

(d) 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. 01-20)

ARTICLE V

Public Peace, Order and Decency

Sec. 10-5-10. Disturbing the peace.

It is unlawful for any person to disturb the peace of others by violent, tumultuous or offensive conduct, or by loud or unusual noises, or by unseemly, profane, obscene or offensive language (and the language by its very utterance tends to incite an immediate breach of the peace) or by assaulting, striking, fighting or challenging another to fight. Any person who shall be found in a state of intoxication in any public or private place in the Town shall be disturbing the peace. (Prior code 3-2-7.1)

Sec. 10-5-20. Disrupting lawful assembly.

It is unlawful for any person to disrupt a lawful assembly if, with the intent 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 utterances or by any other means. (Prior code 3-2-7.2)

Sec. 10-5-30. Unlawful interference with educational institutions.

(a) It is unlawful for any person on or near the premises or facilities of any educational institution willfully to 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 such institution; or

(3) The right of lawful ingress and egress to the institution's physical facilities.

(b) It is unlawful for any person on the premises of any educational institution or at or in any building or other facility being used by any educational institution willfully to impede the staff or faculty of such institution in the lawful performance of their duties or willfully to impede a student of such institution in the lawful pursuit of his or her educational activities through the use of restraint, coercion or intimidation or when force and violence are present or threatened.

(c) It is unlawful for any person willfully to refuse or to 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 or her designees 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) Nothing in this Section shall be construed to prevent 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. (Prior code 3-2-7.3)

Sec. 10-5-40. 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 him or her 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 another person, anonymously or otherwise, either in person or 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.

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

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

(b) 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 Paragraph (a)(4) 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. (Prior code 3-2-7.5; Ord. 01-20)

Sec. 10-5-50. Fighting by agreement.

(a) It is unlawful for two (2) or more persons to fight by agreement in a public place except in a sporting event authorized by law.

(b) This Section shall not apply to persons who by agreement engage in a fight with deadly weapons, whether public or private. (Prior code 3-2-7.7)

Sec. 10-5-60. Assault.

(a) It is unlawful for any person intentionally to cause bodily injury to another person; provided that this Subsection shall not apply to injury caused by means of a deadly weapon, nor shall it apply in the event of serious bodily injury.

(b) It is unlawful for any person recklessly to cause bodily injury to another person; provided that this Subsection shall not apply in the event of serious bodily injury caused by means of a deadly weapon.

(c) It is unlawful for any person with criminal negligence to cause bodily injury to another person by means of a deadly weapon. (Prior code 3-2-10.1)

Sec. 10-5-70. Menacing.

It is unlawful for any person intentionally to place or attempt to place another person in fear of imminent serious bodily injury by any threat of physical action; provided that if such menacing is with the use of a deadly weapon, this Section shall not apply. (Prior code 3-2-10.2)

Sec. 10-5-80. Reckless endangerment.

It is unlawful for any person recklessly to engage in conduct which creates substantial risk of serious bodily injury to another person. (Prior code 3-2-10.3)

Sec. 10-5-90. 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. 01-20)

Sec. 10-5-100. Urination and defecation in public.

(a) It is unlawful for any person to urinate or defecate in a public place, or at any other location where such conduct is observed by another person who has a legal right to be present at the location from which the conduct was observed.

(b) Nothing in this Section shall be construed to prohibit the normal use of public facilities specifically designed and intended for the use of voiding human bodily wastes. (Prior code 3-2-7.6)

Sec. 10-5-110. Storage of flammable liquids.

It is unlawful to store or cause to be stored or parked, except for unloading, any vehicle used for the purpose of storing flammable liquids, gases, explosives or toxicants upon any streets or ways or avenues of the Town or any other part of the Town, except those areas zoned for such uses. This Section shall not apply to those vehicles which have been approved or licensed to haul or store flammable liquids and which are properly placarded as such. (Prior code 3-2-5.2)

Sec. 10-5-120. Explosives.

It is unlawful for any person to store within the Town limits or within one (1) mile thereof any amount of gunpowder, blasting powder, nitroglycerine, dynamite or other high explosive in excess of one (1) fifty-pound box or in excess of five hundred (500) caps or other devices used for the detonation of such high explosives. (Ord. 01-20)

Sec. 10-5-130. Abandoned containers and appliances.

(a) It is unlawful for any person to discard, abandon or leave in any place any refrigerator, icebox, deep-freeze locker, stove, oven, trunk or any self-latching container having a capacity of one and one-half (1½) cubic feet or more, which is no longer in use, and which has not had the door removed or the hinges and such portion of the latch mechanism removed so as to prevent latching or locking of the door; or for any owner, lessee or manager knowingly to permit such a refrigerator, icebox, deep-freeze locker, stove, oven, trunk or self-latching container to remain on premises under his or her control without having the door removed or the hinges and such portion of the latch mechanism removed so as to prevent latching or locking of the door.

(b) The provisions of this Section shall not apply to any vendor or seller of refrigerators, iceboxes, deep-freeze lockers, stoves, ovens, trunks or self-latching containers, who keeps or stores them for sale purposes in a showroom or salesroom ordinarily watched or attended by sales personnel during business hours and locked to prevent entry when not open for business; or if such vendor or seller takes reasonable precaution to effectively secure the door of any such refrigerator, icebox, deep-freeze locker, stove, oven, trunk or self-latching container so as to prevent entrance by children small enough to fit therein. (Prior code 3-2-5.1)

Sec. 10-5-140. Prostitution prohibited.

(a) Any person who performs or offers or agrees to perform any act of sexual intercourse, fellatio, cunnilingus, masturbation or anal intercourse with any person not his or her spouse in exchange for money or other thing of value commits prostitution which is unlawful.

(b) In this Section the following definitions shall apply:

Anal intercourse means contact between human beings of the genital organs of one and the anus of another.

Cunnilingus means any act of oral stimulation of the vulva or clitoris.

Fellatio means any act of oral stimulation of the penis.

Masturbation means stimulation of the genital organs by manual or other bodily contact exclusive of sexual intercourse. (Prior code 3-2-6.1)

Sec. 10-5-150. Soliciting for prostitution.

A person commits soliciting for prostitution, which is unlawful, if the person:

(1) Solicits another for the purpose of prostitution;

(2) Arranges or offers to arrange a meeting of persons for the purpose of prostitution; or

(3) Directs another to a place knowing such direction is for the purpose of prostitution. (Prior code 3-2-6.2)

Sec. 10-5-160. Keeping a place of prostitution.

Any person who has or exercises control over the use of any place which offers seclusion or shelter for the practice of prostitution and who performs any one (1) or more of the following commits keeping a place of prostitution, which is unlawful, if such person:

(1) Knowingly grants or permits the use of such place for the purpose of prostitution; or

(2) Permits the continued use of such place for the purpose of prostitution after becoming aware of facts or circumstances from which he or she should reasonably know that the place is being used for purposes of prostitution. (Prior code 3-2-6.3)

Sec. 10-5-170. Patronizing a prostitute.

Any person who performs any of the following with a person not his or her spouse commits patronizing a prostitute, which is unlawful:

(1) Engages in an act of sexual intercourse or of deviate sexual conduct with a prostitute; or

(2) Enters or remains in a place of prostitution with intent to engage in an act of sexual intercourse or deviate sexual conduct. (Prior code 3-2-6.4)

Sec. 10-5-180. Promoting sexual immorality.

(a) Any person who, for pecuniary gain, furnishes or makes available to another person any facility, knowing that the same is to be used for or in aid of sexual intercourse between persons who are not husband and wife, or for or in aid of deviate sexual intercourse, or who advertises in any manner that he or she furnishes or is willing to furnish or make available any such facility for such purposes, commits promoting sexual immorality, which is unlawful.

(b) Facility, as used in this Section, means any place or thing which provides seclusion, privacy, opportunity, protection, comfort or assistance to or for a person or persons engaging or intending to engage in sexual intercourse or deviate sexual intercourse. (Prior code 3-2-6.5)

Sec. 10-5-190. Public indecency.

Any person who performs any of the following in a public place or where the conduct may reasonably be expected to be viewed by members of the public commits public indecency, which is unlawful:

(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; or

(4) A lewd fondling or caressing of the body of another person. (Prior code 3-2-6.6)

Sec. 10-5-200. Indecent exposure.

It is unlawful for any person to knowingly expose 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. (Prior code 3-2-6.7)

ARTICLE VI

Minors

Sec. 10-6-10. Parent or guardian aiding, abetting.

It is unlawful for any person to knowingly permit any minor child, or to aid, abet, approve, encourage, allow, permit, tolerate or consent to the violation by any minor child of any provision of this Article or any ordinances of the Town. (Ord. 01-20)

Sec. 10-6-20. Encouraging delinquency.

It is 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. (Ord. 01-20)

Sec. 10-6-30. False statement; false credentials.

It is unlawful for any person under twenty-one (21) years of age to make false statements, to furnish, present or exhibit any fictitious or false registration card, identification card, note or other document for any unlawful purpose, or to furnish, present or exhibit such document or documents issued to a person other than the one presenting the same for the purpose of gaining admission to prohibited places for the purpose of procuring the sale, gift or delivery of prohibited articles, including beer, liquor, wine or fermented malt beverages as defined in this Chapter. (Ord. 01-20)

Sec. 10-6-40. Services of others.

It is unlawful for any person under the age of twenty-one (21) years to engage or utilize the services of any other person, whether for remuneration or not, to procure any article which the minor is forbidden by law to purchase. (Ord. 01-20)

Sec. 10-6-50. Loitering and other acts around schools.

It is unlawful for any person to loiter, idle, wander, stroll or play in, about or on any public, private or parochial school, college or seminary grounds or buildings, either on foot or in or on any vehicle, without having some lawful business therein or thereabout or in connection with such school or the employees thereof, or for any person to:

(1) Annoy, disturb or otherwise prevent the orderly conduct of classes and activities of any such school;

(2) Annoy, disturb, assault or molest any student or employee of any such school, college or seminary while in any such school building or on any school grounds;

(3) Conduct himself or herself in a lewd, wanton or lascivious manner in speech or behavior in or about any school building or school grounds; or

(4) Park or move a vehicle in the immediate vicinity of or on the grounds of any such school, college or seminary for the purpose of annoying or molesting the students or employees thereof or in an effort to induce, entice or invite students into such vehicles for immoral purposes. (Ord. 01-20)

Sec. 10-6-60. Harboring prohibited; exceptions.

(a) It is unlawful for any person knowingly to harbor, keep secreted, cohabit with or provide shelter for any unmarried minor over the objection of the parent, legal guardian or other person having legal custody of such minor.

(b) It is unlawful for any person to harbor, keep secreted, cohabit with or provide shelter for any unmarried minor when said person knows such minor to be a parole violator or a fugitive from legal process.

(c) The provisions of this Section shall not apply to persons working in their official capacities as employees or members of the staffs of agencies licensed by the State and financed by the United States of America to harbor minors nor shall said provisions apply to such agencies; provided that such agencies shall at all times provide specific information concerning minors so harbored and shall release such minors to their parents, legal guardians or other persons having legal custody of such minors, or to any law enforcement agency, upon request; and provided further, that such agencies harboring minors shall, within twenty-four (24) hours after the arrival of a minor, notify the Police Department, and within seventy-two (72) hours, if possible, shall notify the parents, legal guardians or other persons having legal custody of such minors. (Prior code 3-2-11.1)

Sec. 10-6-70. Curfew.

It is unlawful for any person who has not reached his or her eighteenth birthday to be or remain upon any public road, street or alley, to be or remain in any establishment open to the public, or to be or remain in any other public place in the Town after the hour of 10:00 p.m. on any Sunday, Monday, Tuesday, Wednesday or Thursday, or after the hour of 12:00 midnight on any Friday or Saturday, or prior to the hour of 5:00 a.m. on any day except:

(1) When accompanied by a parent, guardian or other person having legal custody of such minor;

(2) For lawful employment when commuting directly to or from such employment and when carrying an employer's written and signed statement specifying the type, hours and place of employment; or

(3) When accompanied by a person who has reached his or her eighteenth birthday and who has in his or her possession the written and signed consent of the parent, guardian or other person having legal custody of the minor. (Prior code 3-2-11.2)

Sec. 10-6-80. Permitting violation of curfew.

It is unlawful for any parent, guardian or other person having legal custody of any minor who has not reached his or her eighteenth birthday to knowingly allow or permit any such minor to be or remain upon any public road, street or alley, to be or remain in any establishment open to the public, or to be or remain in any other public place in the Town after the hour of 10:00 p.m. on any Sunday, Monday, Tuesday, Wednesday or Thursday, or after the hour of 12:00 midnight on any Friday or Saturday, or prior to the hour of 5:00 a.m. on any day except:

(1) When accompanied by a parent, guardian or other person having legal custody of such minor;

(2) For lawful employment when commuting directly to or from such employment and when carrying an employer's written and signed statement specifying the type, hours and place of employment; or

(3) When accompanied by a person who has reached his or her eighteenth birthday and who has in his or her possession the written and signed consent of the parent, guardian or other person having legal custody of the minor.

The term knowingly as used herein includes knowledge which a parent, guardian or other person having legal custody of a person who has not reached his or her eighteenth birthday should be reasonably expected to have concerning the whereabouts of said minor. (Prior code 3-1-11.3, 7-5.1)

Sec. 10-6-90. Possession of alcohol.

(a) It is unlawful for any person under the age of twenty-one (21) years to possess or consume any ethyl alcohol anywhere within the Town. However, it shall be an affirmative defense to the violation if:

(1) Consumption or possession was for religious purposes;

(2) Consumption or possession was in the presence of the parent or legal guardian of the person under twenty-one (21) years of age and such possession or consumption was done with the consent of the person's parent or legal guardian and on private property the owner or legal possessor of which has knowledge and gives consent to the possession or consumption of ethyl alcohol by the person under twenty-one (21) years of age; or

(3) The existence of ethyl alcohol in the person's body was due solely to the ingestion of a substance manufactured, designed or intended for medicinal or hygienic purposes, or a beverage which contained less than one half (½) of one percent (1%) of ethyl alcohol by weight.

(b) It is unlawful for any person under the age of twenty-one (21) years to attempt to possess, purchase or obtain, either directly or through an intermediary, any fermented malt beverage, or any malt, vinous or spirituous liquor, by misrepresentation of age, or by any other means whatsoever.

(c) It is unlawful for any person twenty-one (21) years of age or older to purchase for consumption or possession by, or to otherwise provide for consumption or possession by, any person under the age of twenty-one (21) years, any fermented malt beverage or any malt, vinous or spirituous liquor. (Prior code 3-2-11.4)

Sec. 10-6-100. Distribution of cigarettes and tobacco products to minors.

(a) It is unlawful for any person under the age of eighteen (18) years to attempt to purchase or obtain, either directly or through an intermediary, any cigarette or tobacco products as defined by Section 39-28.5-101(5), C.R.S.

(b) It is unlawful for any person to sell or offer to sell any smokeless tobacco product as defined by Section 18-13-121(4)(a), C.R.S., by use of a vending machine or other coin-operated machine.

(c) It is unlawful for any person to sell or offer to sell any cigarette or tobacco products as defined by Section 39-28.5-101(5), C.R.S., other than a smokeless tobacco product as defined by Section 18-13-121(4)(a), C.R.S., by use of a vending machine or any coin-operated machine, that does not display a warning sign placed in a prominent place on such machine. The warning sign shall have a minimum height of three (3) inches and a width of six (6) inches, and shall read as follows:

WARNING
IT IS ILLEGAL FOR ANY PERSON UNDER EIGHTEEN (18) YEARS OF AGE TO PURCHASE CIGARETTES AND TOBACCO PRODUCTS AND, UPON CONVICTION, A TWENTY-FIVE DOLLAR FINE MAY BE IMPOSED

(d) Any person who is convicted of, or pleads guilty or no contest to, a violation of Subsections (a) through (c) above shall be punished by a fine of twenty-five dollars ($25.00) per violation. (Prior code 3-2-11.5; Ord. 01-20)

ARTICLE VII

Alcoholic Beverages and Drugs

Sec. 10-7-10. Definitions.

For purposes of this Code, the following words shall have the meanings ascribed hereafter:

Alcoholic beverage or alcoholic liquor means fermented malt beverage or malt, vinous or spirituous liquors.

Controlled substance means a drug or other substance or an immediate precursor which is declared to be a controlled substance under this Article, and also includes marijuana, marijuana concentrate and cocaine.

Drug paraphernalia means any machine, instrument, tool, equipment or device which is primarily designed and intended for one (1) or more of the following:

a. To introduce into the human body any controlled substance under circumstances in violation of state law;

b. To enhance the effect on the human body of any controlled substance under circumstances in violation of state law;

c. To conceal any quantity of any controlled substance under circumstances in violation of state law; or

d. To test the strength, effectiveness or purity of any controlled substance under circumstances in violation of state law.

Establishment means a business, firm, enterprise, service or fraternal organization, club, institution, entity, group or residence, and any real property, including buildings and improvements connected therewith, and shall also include any members, employees and occupants associated therewith.

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.

Malt liquor 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.

Private property means any dwelling and its curtilage which is being used by a natural person for habitation and which is not open to the public, and privately owned real property which is not open to the public. Private property shall not include:

a. Any establishment which has or is required to have a license pursuant to Article 46, 47 or 48 of Title 12, C.R.S.;

b. Any establishment which sells alcoholic beverages or upon which alcoholic beverages are sold; or

c. Any establishment which leases, rents or provides accommodations to members of the public generally.

Public place means any place commonly or usually open to the general public or to which members of the general public may resort, or accessible to members of the general public. By way of illustration, such public places include but are not limited to public ways, streets, buildings, sidewalks, alleys, parking lots, shopping centers, shopping center malls, places of business usually open to the general public, and automobiles or other vehicles in or upon any such place or places, but shall not include the interior or enclosed yard area of private homes, residences, condominiums or apartments.

Spirituous liquor 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 liquor 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. 01-20)

Sec. 10-7-20. Alcohol-related violations.

(a) It is unlawful for any person under the age of twenty-one (21) years to represent himself or herself to be over the age of twenty-one (21) years for the purpose of purchasing within the Town any fermented malt beverage or malt, vinous or spirituous liquors.

(b) It is unlawful to sell fermented malt beverage or malt, vinous or spirituous liquors to any person under the age of twenty-one (21) years, or to permit any fermented malt beverage, malt or 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.

(c) It is unlawful, in any place of business where alcoholic beverages are sold to be consumed upon the premises, for any person to beg or to solicit any patron or customer of, or visitor in, such premises to purchase any alcoholic beverage for the one begging or soliciting. (Prior code 3-2-8.2, 7-1.2; Ord. 01-20)

Sec. 10-7-30. Drinking alcoholic beverages in vehicles.

It is unlawful for any person to drink any intoxicating liquor or fermented malt beverage while in a vehicle which is moving, parked, stopped or standing on any street, roadway or other public way in the Town; or for the driver, owner or person in control of any vehicle to permit any person to drink intoxicating liquor or fermented malt beverages therein while the same is being driven, or is stopped, standing or parked on any street, roadway or other public way in the Town. (Prior code 3-2-8.3)

Sec. 10-7-40. Sales near schools.

It is unlawful for any person to sell, offer or expose for sale or gift any fermented malt beverage or any vinous, spirituous or malt liquors within a distance of five hundred (500) feet from any private, public or parochial school, said distance to be computed by direct measurement from the nearest property lines. However, this prohibition shall not affect the rights of any person holding a lawful permit or license to conduct such business within the restricted area hereby established; nor shall this prohibition prevent the renewal, upon the expiration thereof, of any license in effect at such time authorizing such business within the restricted area hereby established. (Ord. 01-20)

Sec. 10-7-50. Possession of alcohol in public places.

It is unlawful for any person to possess or consume any fermented malt beverage, or any malt, vinous or spirituous liquor, whether such possession is actual or constructive, in any public place, or 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; provided, however, that it shall not be a violation of this provision to store or consume any fermented malt beverage, or any malt, vinous or spirituous liquor in conformance with, and pursuant to the terms of, any validly issued permit or license. (Prior code 3-2-8.1)

Sec. 10-7-60. Possession of drug paraphernalia.

(a) A person commits possession of drug paraphernalia if he or she possesses drug paraphernalia and intends to use the drug paraphernalia under circumstances in violation of state law.

(b) Any person who commits possession of drug paraphernalia commits a Class 2 petty offense. (Ord. 01-20)

Sec. 10-7-70. Possession of cannabis.

(a) For the purposes of this Section, the term cannabis shall include all parts of the plant Cannabis sativa L., whether growing or not; the seed 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, or the sterilized seed of such plant, which is incapable of germination. The term cannabis concentrate means hashish, tetrahydrocannabinols or any alkaloid, salt derivative, preparation, compound or mixture, whether natural or synthesized, of tetrahydrocannabinols.

(b) It is unlawful to possess one (1) ounce or less of cannabis or cannabis concentrate, and upon conviction thereof, or plea of guilty or no contest thereto, punishment shall not be by imprisonment, but shall be by a fine of not more than one hundred dollars ($100.00).

(c) It is unlawful openly and publicly to display or consume one (1) ounce or less of cannabis concentrate, and upon conviction thereof, or a plea of guilty or no contest thereto, punishment shall be as set out in Section 1-4-20 of this Code.

(d) The provisions of this Section shall not apply to any person who possesses or uses cannabis or cannabis concentrate pursuant to the Dangerous Drugs Therapeutic Research Act. (Ord. 01-20)

Sec. 10-7-80. Abusing toxic vapors.

(a) As used in this Section, the term toxic vapors means the following substances or products containing such substances: alcohols, including methyl, isopropyl, propyl or butyl; aliphatic acetates, including ethyl, methyl, propyl or methyl cellosolve acetate; acetone; benzene; carbon tetrachloride; cyclohexane; Freons, including Freon 11 and Freon 12; hexane; methyl ethyl ketone; methyl isobutyl ketone; naphtha; perchlorethylene; toluene; trichloroethane or xylene.

(b) No person shall knowingly smell or inhale the fumes of toxic vapors for the purpose of causing a condition of euphoria, excitement, exhilaration, stupefaction or dulled senses of the nervous system. No person shall knowingly possess, buy or use any such substance for the purposes described in this Section. This Subsection shall not apply to the inhalation of anesthesia for medical or dental purposes.

(c) It is unlawful for any person knowingly to sell, offer for sale, deliver or give away to any other person any substance or product 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 of the nervous system.

(d) In a prosecution for a violation of this Section, evidence that a container lists one (1) or more of the substances described in Subsection (a) above as one (1) of its ingredients shall be prima facie evidence that the substance in such container contains toxic vapors and emits the fumes thereof. (Ord. 01-20)

ARTICLE VIII

Weapons

Sec. 10-8-10. Definitions.

For the purposes of this Article, the following words and phrases shall have the meanings respectively ascribed to them by this Section:

Blackjack means any billy club, sand club, sandbag, sap or other hand-operated striking weapon consisting, at the striking end, of an encased piece of lead or other heavy substance and, at the hand end, a strap or spring shaft which increases the force of impact; or any device or article consisting of two (2) or more separate portions, linked together by a chin, strap or other fastener which configuration is designed to increase the striking force or impact of the device or article.

Concealment means the deliberate hiding of a weapon upon or near the person with the intent to avoid the lawful detection thereof. It shall be evidence of concealment that the weapon is hidden so as to make it immediately available for use in the fashion in which the weapon is designed to be used.

Crossbow means any device resembling a rifle or handgun in configuration, having a bow or similar device mounted perpendicularly to a stock, grip or frame, and usually equipped with a winch or similar device which draws back the bowstring and cocks the weapon and which fires an arrow, bolt, quarrel, stone or similar shaft from a groove or depression in the stock, grip or frame by the manipulation of a trigger or similar mechanism.

Firearm means any pistol, revolver, self-loading pistol, rifle, shotgun or any other device designed to shoot, project, throw or hurl a projectile or projectiles by means of the explosion of gunpowder or other explosive substance.

Gravity knife means any knife the blade of which is released from the handle or sheath thereof by the force of gravity or the application of centrifugal force and which blade, upon release, becomes locked in place by means of a button, spring, plate, lever or other device.

Knife means any dagger, knife, bayonet, straight-razor, dirk, machete, stiletto, sword or sword cane with a blade over three and one-half (3½) inches in length, or any other dangerous instrument designed to inflict cutting, stabbing or tearing wounds; but as used in this Section, does not include a knife or hatchet of the type customarily used in hunting, fishing or camping when such is being carried for sporting use; and does not include any instruments being used in pursuance of a lawful home use, trade, occupation or profession or otherwise being lawful under federal or state statutes, or being used as an item of display or a collector's item in any home or place of business.

Switchblade knife means any knife the blade of which opens automatically by manual pressure applied to a button, spring or other device in its handle. (Prior code 3-2-9.1)

Sec. 10-8-20. Carrying weapons.

(a) It is unlawful for any person knowingly to carry a knife or firearm concealed on or about his or her person; provided that this Section shall not apply to persons in their own domiciles or places of business or on property owned by or under their control at the time of the act of carrying, or to persons in private automobiles or other private means of conveyance who are carrying such a weapon for the lawful protection of their or another's or others' person or property or for any other legal purposes.

(1) Nothing in this Subsection (a) shall apply to peace officers or members of the armed forces of the United States or Colorado National Guard acting in the lawful discharge of their duties.

(2) Nothing in this Subsection (a) shall apply to persons who possess a valid permit or license to conceal such weapon or weapons which license or permit was duly issued pursuant to applicable state or federal law.

(3) Nothing in this Subsection (a) shall apply to persons who possess a valid permit or license to conceal such weapon or weapons, which license or permit was duly issued pursuant to applicable state or federal law.

(b) It is unlawful for any person knowingly to carry, conceal or cause to be concealed in any vehicle or to use any blackjack, gravity knife, multi-fixed bladed stellate throwing knife, switchblade knife or brass or metallic knuckles. Nothing in this Subsection (b) shall apply to peace officers or to members of the armed forces of the United States or the Colorado National Guard acting in the lawful discharge of their duties. (Prior code 3-2-9.2)

Sec. 10-8-30. Discharging firearms.

(a) Except as provided in Subsection (b) of this Section, 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 their duties, to discharge or cause to be discharged any firearm within or into the limits of the Town; provided that this Section shall not apply to persons discharging firearms in shooting galleries or at shooting ranges, where such firearms may be discharged so as not to endanger persons or property and the projectile or projectiles from such firearms are prevented from traversing any grounds or space outside the limits of such gallery or range; and provided further, that this Section shall not apply to the discharge of a firearm in lawful defense of persons or property.

(b) The Chief of Police may grant written permission to persons within the Town to permit the discharge of weapons at a certain locality within the Town at a fixed time or times which may include, but not be limited to, firing ranges or other locations used to train individuals in the proper use of firearms.

(c) Except as provided in Subsection (b) of this Section, it is unlawful for any parent, guardian or other person having the care and custody of any minor child under the age of eighteen (18) years to allow or permit any such minor to fire or discharge any cannon, anvil, gun, pistol, rifle, shotgun or other firearm of any kind or nature, or to fire, explode or set off any other such device manufactured or contrived for the purpose of throwing or propelling lead, pellets or other hard substances, powered by compressed air, springs or otherwise, or to fire, set off or explode anything containing powder, gasoline or other combustible or explosive material within the Town. (Prior code 3-2-9.3)

Sec. 10-8-40. Furnishing to certain persons prohibited.

It is unlawful for any person to purchase, sell, loan or furnish any gun, pistol, rifle, shotgun or other firearm in which any explosive substance can be used to any person under the influence of alcohol or any narcotic drug, stimulant or depressant, or to any person in a condition of agitation and excitability. (Prior code 3-2-9.4)

Sec. 10-8-50. Brandishing deadly weapons.

(a) It is unlawful for any person to display, brandish or flourish a deadly weapon in a public place or to aim or point a firearm at another person; provided that the provisions of this Section shall not apply to any situation that constitutes a felony under state law.

(b) As used herein, deadly weapon includes but is not necessarily limited to firearms, knives, hatchets and dangerous clubs.

(c) Nothing herein shall apply to peace officers or members of the Colorado National Guard or armed forces of the United States acting in lawful discharge of their duties.

(d) Nothing herein shall apply to persons in private automobiles or other private means of conveyance where such deadly weapon is openly displayed in such private automobile or other private means of conveyance or where state law otherwise permits the display of the deadly weapon. (Prior code 3-2-9.5)

Sec. 10-8-60. Confiscation and disposition.

It is the duty of every police officer or agent, upon making any arrest and seizing a weapon carried or used in violation of any section of this Article, to keep and place such weapon in such place of safekeeping as may be directed by the Chief of Police, until the final determination of the prosecution for any offense in the prosecution of which such weapon may be evidence. Upon entry of a final plea of guilty or no contest, or a judgment of guilt, the person so pleading or found guilty shall forfeit to the Town the weapon carried or used in violation of any section of this Article. Upon entry of a final plea of guilty or no contest or judgment of guilt, it shall then be the duty of the Municipal Judge to deliver said weapon forthwith to the Chief of Police who shall make disposition of the weapon. (Prior code 3-2-9.6)

Sec. 10-8-70. Carrying, involving intoxicants.

(a) It is unlawful for any person to carry, conceal or display any dangerous or deadly weapon while such person is on the premises of any establishment where any fermented malt beverage or any malt, vinous or spirituous liquors are sold for consumption on the premises.

(b) The provisions of Subsection (a) shall not apply to peace officers or any other person duly licensed or authorized under applicable state or federal law to carry such weapon concealed.

(c) No person shall have or carry any deadly or dangerous weapon on or about his or her person when drunk or in a state of intoxication or under the influence of drugs. (Prior code 3-2-9.7)

Sec. 10-8-80. Missiles.

It is unlawful for any person willfully, maliciously or recklessly to throw, shoot or project any stone, arrow, pellet, dart, ball bearing or other dangerous missile at or against the person, animal, building, structure, personal property, fixture or vehicle of another; except that the provisions of this Section shall not apply to a person throwing, projecting or shooting any such dangerous missile at any animal in order to protect his or her person or property or the person or property of another from physical injury. (Prior code 3-2-9.8)

ARTICLE IX

Noise

Sec. 10-9-10. Prohibited noise.

(a) Except in nonemergency situations, between dusk and dawn, no person shall use or operate or allow to be used or operated any musical instrument, loudspeaker, public address system, radio, tape player, disc player, television set or other sound amplifying equipment in such manner as to be plainly audible when crossing a property line or within a dwelling unit which is not the source of the sound.

(b) For purposes of this Section, plainly audible means that the information content of the sound is unambiguously communicated to the listener; examples include, but are not limited to, understanding of speech, comprehension of raised or normal voices or comprehension of musical rhythms.

(c) Except in nonemergency situations, between dusk and dawn, no person shall operate or allow to be used or operated any instrument utilized in the real estate construction business in such a manner as to be plainly audible when crossing a property line.

(d) This Section shall not apply to sound made or controlled by the Town, the federal government or to any branch, subdivision, institution or agency of the government of the State, or any subdivision within it; nor shall it apply to any activity of the governmental unit; nor shall it apply to any event sponsored by a governmental unit or others pursuant to the terms of a contract, lease or permit granted by the governmental unit. (Prior code 3-2-7.8)

Sec. 10-9-20. Animals.

It is unlawful for any person to use, keep, have in his or her possession or harbor any domesticated animals which, by frequent or habitual howling, barking, meowing, squawking or otherwise, shall cause annoyance or disturbance to persons in the neighborhood; provided, however, that the provisions of this Section shall not apply to hospitals licensed for the treatment of small animals or to premises occupied or used by the Town animal shelter. (Ord. 01-20)

Sec. 10-9-30. Sirens, whistles and red lights.

It is unlawful for any person to drive any motor vehicle which has had installed or contains any siren, exhaust whistle or bell or any red lights visible from the front of such motor vehicle or any red spotlight; provided that nothing in this Section shall prevent the possession, use or installation on any vehicle authorized or permitted to have or to use any such equipment by state laws, if there is compliance with all requirements of any such state laws, including obtaining necessary permits or licenses or approval or approvals, as required by any such state laws or by any applicable Town ordinance. (Prior code 3-2-13.1)