title 9 public peace, morals and welfare - town of...
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Title 9 PUBLIC PEACE, MORALS AND WELFAREChapters:
Chapter 9.04 - DEFINITIONS
Chapter 9.08 - PARTIES TO OFFENSES—ACCOUNTABILITY
Chapter 9.12 - EXEMPTIONS; RESPONSIBILITIES; AFFIRMATIVE DEFENSES
Chapter 9.16 - THEFT
Chapter 9.20 - OBSTRUCTION OF GOVERNMENT
Chapter 9.24 - PUBLIC PEACE AND ORDER
Chapter 9.28 - ASSAULTIVE OFFENSES
Chapter 9.32 - FRAUDULENT PRACTICES
Chapter 9.36 - TRESPASS AND CRIMINAL MISCHIEF
Chapter 9.40 - FIREARMS AND WEAPONS
Chapter 9.44 - OFFENSES RELATING TO MORALS
Chapter 9.48 - GAMBLING
Chapter 9.52 - MISCELLANEOUS OFFENSES
Chapter 9.60 - CURFEW
Chapter 9.64 - ENFORCEMENT
Chapter 9.04 DEFINITIONSSections:
9.04.010 Generally.
9.04.020 Aid-Assist.
9.04.030 Beer.
9.04.040 Benefit.
9.04.050 Bodily injury.
9.04.060 Deface.
9.04.070 Dwelling.
9.04.080 Firearm.
9.04.090 Government.
9.04.100 Governmental function.
9.04.110 Motor vehicle.
9.04.120 Peace officer.
9.04.130 Pecuniary benefit.
9.04.140 Public place.
9.04.150 Public servant.
9.04.160 Spirituous liquor.
9.04.170 Tamper.
9.04.180 Thing of value.
9.04.190 Utility.
9.04.200 Wine.
9.04.010 Generally.
Except as specifically defined in this title, the terms used herein shall be interpreted as defined in Title 18 of the Colorado Revised Statutes, as amended, and if not defined therein then such terms shall be interpreted in accordance with their ordinary, usual and accepted meaning.
9.04.020 Aid-Assist.
"To aid" or "to assist" includes knowingly to give or lend money or extend credit to be used for, or to make possible or available, or to further the activity thus aided or assisted.
9.04.030 Beer.
"Beer" shall be construed to mean any alcoholic beverage obtained by the fermentation of any infusion or decotion of barley, malt, hops, or any other similar product or any combination thereof, in water.
9.04.040 Benefit.
"Benefit" means any gain or advantage to the beneficiary including any gain or advantage to another person pursuant to the desire or consent of the beneficiary.
9.04.050 Bodily injury.
"Bodily injury" means physical pain, illness, or any impairment of physical or mental condition.
9.04.060 Deface.
"Deface" means to alter the appearance of something by removing, distorting, adding to, or covering all or a part of the thing.
9.04.070 Dwelling.
"Dwelling" means a building which is used, intended to be used, or usually used by a person for habitation.
9.04.080 Firearm.
"Firearm" means any handgun, automatic, revolver, pistol, rifle, shotgun, or other instrument or device capable or intended to be capable of discharging bullets, cartridges or other explosive charges.
9.04.090 Government.
"Government" includes the United States, the Town of Oak Creek, any state, county, municipality, or other political unit; any branch, department, agency, or subdivision of any of the foregoing, and any corporation or other entity established by law to carry out any governmental function.
9.04.100 Governmental function.
"Governmental function" includes any activity which a public servant is legally authorized to undertake on behalf of government.
9.04.110 Motor vehicle.
"Motor vehicle" includes any self-propelled device by which persons or property may be moved, carried, or transported from one place to another by land, water, or air, except devices operated on rail, tracks, or cables fixed to the ground or supported by pylons, towers or other structures.
9.04.120 Peace officer.
"Peace officer" means a sheriff, undersheriff, deputy sheriff, Police Officer, state patrol officer, coroner, marshall, any officer, guard, or supervisory employee of any institution within the department of institutions, 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 in cases of emergency or civil disorder, an agent of the Colorado Bureau of Investigation, a wildlife conservation officer, or a security guard employed by the state.
9.04.130 Pecuniary benefit.
"Pecuniary benefit" means benefit in the form of money, property, commercial interests, or anything else, the primary significance of which is economic gain.
9.04.140 Public place.
"Public place" means a place to which the public or a substantial number of the public has access, and includes but is not limited to streets, highways, alleyways, transportation facilities, schools, places of amusement, parks, playgrounds, and the common areas of public and private buildings and facilities.
9.04.150 Public servant.
"Public servant" means any officer or employee of government, whether elected or appointed, and any person participating as an advisor, consultant, process server, or otherwise in performing a governmental function; but the term does not include witnesses.
9.04.160 Spirituous liquor.
"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 alcohol and which is fit for use for beverage purposes.
9.04.170 Tamper.
"Tamper" means to interfere with something improperly, to meddle with it, or to make unwarranted alterations in its condition.
9.04.180 Thing of value.
"Thing of value" includes real property, tangible and intangible personal property, contract rights, choses in action, services, and any rights of use or enjoyment connected therewith.
9.04.190 Utility.
"Utility" means an enterprise which provides gas, sewer, electric, steam, water, transportation, or communication services, and includes any carrier, pipeline, transmitter, or source, whether publicly or privately owned or operated.
9.04.200 Wine.
"Wine" shall be construed to mean any alcoholic beverage obtained from the fermentation of the natural sugar contents of fruits or other agricultural products containing sugar.
Chapter 9.08 PARTIES TO OFFENSES—ACCOUNTABILITYSections:
9.08.010 Liability based upon behavior—Generally.
9.08.020 Behavior of another.
9.08.030 Complicity.
9.08.040 Liability based upon behavior of another—Exemptions.
9.08.050 Liability based upon behavior of another—No defense.
9.08.010 Liability based upon behavior—Generally.
A person is guilty of an offense if it is committed by the behavior of another person for which he is legally accountable as provided in Sections 9.08.020 through 9.08.050.
9.08.020 Behavior of another.
A. A person is legally accountable for the behavior of another person if the following conditions exist:
1. He is made accountable for the conduct of that person by specific provision of any Town ordinance; or
2. He acts with the culpable mental state sufficient for the commission of the offense in question and he causes an innocent person to engage in such behavior.
B. As used in subsection A of this section, "innocent person" includes any person who is not guilty of the offense in question, despite his behavior, because of duress, legal incapacity or exemption or unawareness of the criminal nature of the conduct in question or of the defendant's criminal purpose, or any other factor precluding the mental state sufficient for the commission of the offense in question.
9.08.030 Complicity.
A person is legally accountable as principal for the behavior of another constituting a criminal offense if, with the intent to promote or facilitate the commission of the offense, he aids, abets, or advises the other person in planning or committing the offense.
9.08.040 Liability based upon behavior of another—Exemptions.
A. Unless otherwise provided by the ordinance defining the offense, a person shall not be legally accountable for behavior of another constituting an offense if he is a victim of that offense or the offense is so defined that his conduct is inevitably incidental to its commission.
B. It shall be an affirmative defense to a charge under Section 9.08.030 if, prior to the commission of the offense, the defendant terminated his effort to promote or facilitate its commission and either gave timely warning to law enforcement authorities or gave timely warning to the intended victim.
9.08.050 Liability based upon behavior of another—No defense.
In any prosecution for an offense in which criminal liability is based upon the behavior of another pursuant to Sections 9.08.010 through 9.08.040, it is no defense that the other person has not been prosecuted for or convicted of any offense based upon the behavior in question or has been convicted of a different offense or degree of offense, or the defendant belongs to a class of persons who by definition of the offense are legally incapable of committing the offense in an individual capacity.
Chapter 9.12 EXEMPTIONS; RESPONSIBILITIES; AFFIRMATIVE DEFENSESSections:
9.12.010 Execution of public duty.
9.12.020 Use of physical force in defense of a person.
9.12.030 Use of physical force in defense of premises.
9.12.040 Use of physical force in making an arrest or in preventing an escape.
9.12.050 Affirmative defense—Justification or exemption.
9.12.060 Insufficient age.
9.12.070 Responsibility—Affirmative defense.
9.12.080 Affirmative defenses available—General.
9.12.010 Execution of public duty.
A. Unless inconsistent with other provi-sions of sections 9.12.020 through 9.12.040, defining justifiable use of physical force, or with some other provision of law, conduct which would otherwise constitute an offense is justifiable and not criminal when it is required or authorized by a provision of law or a judicial decree binding in Colorado.
B. A "provision of law" and a "judicial decree" in subsection A of this section mean the following:
1. Laws defining duties and functions of public servants;
2. Laws defining duties of private citizens to assist public servants in the performance of certain of their functions;
3. Laws governing the execution of legal process;
4. Laws governing the military service and conduct of war;
5. Judgments and orders of court.
9.12.020 Use of physical force in defense of a person.
A person is justified in using physical force upon another person in order to defend himself or a third person from what he reasonably believes to be the use or imminent use of unlawful physical force by that other person, and he may use a degree of force which he reasonably believes to be necessary for that purpose.
9.12.030 Use of physical force in defense of premises.
A person in possession or control of any building, realty, or other premises, or a person who is licensed or privileged to be thereon, is justified in using reasonable and appropriate physical force upon another person when and to the extent that it is reasonably necessary to prevent or terminate what he reasonably believes to be the commission or attempted commission of an unlawful trespass by the other person in or upon the building, realty or premises. The use of deadly force is not reasonable and appropriate for the defense of property.
9.12.040 Use of physical force in making an arrest or in preventing an escape.
A peace officer is justified in using reasonable and appropriate physical force upon another person when and to the extent that he reasonably believes it necessary to do the following:
A. To effect an arrest or prevent the escape from custody of an arrested person unless he knows that the arrest is unauthorized; or
B. Defend himself or a third person from what he reasonably believes to be the use or imminent use of physical force while effecting or attempting to effect such an arrest or while preventing or attempting to prevent such an escape.
9.12.050 Affirmative defense—Justification or exemption.
The issues of justification or exemption from criminal liability under sections 9.12.010 through 9.12.040 are affirmative defenses.
9.12.060 Insufficient age.
The responsibility of a person for his conduct is the same for persons between the ages of ten and eighteen as it is for persons over eighteen except that no child under eighteen years of age shall be sentenced to jail for violation of the provisions of this title. No child under ten years of age shall be found guilty of any offense.
9.12.070 Responsibility—Affirmative defense.
The issue of responsibility under Section 9.12.060 is an affirmative defense.
9.12.080 Affirmative defenses available—General.
In addition to those specific affirmative defenses provided in this chapter, the affirmative defenses available in section 18-1-701 through 18-1-805, C.R.S., shall be available as affirmative defenses to prosecu-tions under this title.
Chapter 9.16 THEFTSections:
9.16.010 Damaging town property.
9.16.020 Theft and shoplifting.
9.16.030 Theft of rental property.
9.16.010 Damaging town property.
It is unlawful for any person to willfully, maliciously, wantonly or negligently injure or destroy real property or improvements thereon, or movable or personal property belonging to the Town.
9.16.020 Theft and shoplifting.
A. A person commits theft when he knowingly obtains or exercises control over anything having value less than three hundred dollars of another without authorization, or by threat or deception, and:
1. Intends to deprive the other person permanently of the use or benefit of the thing of value; or
2. Knowingly uses, conceals, or abandons the thing of value in such manner as to deprive the other person permanently of its use or benefit; or
3. Uses, conceals, or abandons the thing of value intending that such use, concealment, or abandonment will deprive the other person permanently of its use or benefit; or
4. Demands any consideration to which he is not legally entitled as a condition of restoring the thing of value to the other person.
B. It shall be unlawful to knowingly transfer a label or other designation of price from one item to another or alter the same with intent to purchase such item at a lesser cost.
C. A person commits shoplifting when he or she knowingly obtains or exercises control over anything of value of another without authorization or by threat or deception with intent to permanently deprive the person having lawful dominion, possession or control of the thing of value of its use or benefit, where
the value of the thing involved is less than three hundred dollars. 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 be on his own person or otherwise and whether on or off the premises of said store or mercantile establishment, such concealment shall constitute a prima facie evidence that the person intended to commit the crime of shoplifting.
9.16.030 Theft of rental property.
It shall be unlawful to either:
1. Obtain the temporary use of personal property of another, which is available only for hire, by means of threat or deception, or knowingly 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, intentionally fail to reveal the whereabouts of or to return said property to the owner thereof or his representative, or to the person from whom he has received it within seventy two hours after the time at which he agreed to return it.
Chapter 9.20 OBSTRUCTION OF GOVERNMENTSections:
9.20.010 Definitions.
9.20.020 Obstructing government operations.
9.20.030 Resisting arrest.
9.20.040 Obstructing a peace officer or fireman.
9.20.050 Accessory to offense.
9.20.060 Refusal to permit inspections.
9.20.070 Refusing to aid a peace officer.
9.20.080 Refusing to obey a peace officer.
9.20.090 Aiding escape.
9.20.010 Definitions.
As used in this chapter, unless the context otherwise requires, the following definitions shall apply:
A. "Government" means the Town government of the Town of Oak Creek, Colorado.
B. "Governmental function" includes any activity which a public servant is legally authorized to undertake on behalf of a government.
C. "Public servant" means any officer or employee of government, whether elected or appointed, and any person participating as an advisor, or consultant, engaged in the service of process, or otherwise performing a governmental function, but the term does not include witnesses.
9.20.020 Obstructing government operations.
A. A person commits obstructing government operations if he intentionally obstructs, impairs, or hinders the performance of a governmental function of the town of Oak Creek, Colorado by a public servant, by using or threatening to use violence, force, or physical interference or obstacle.
B. The following shall be affirmative defenses:
1. The obstruction, impairment, or hindrance was of unlawful action by a public servant; or
2. The obstruction, impairment, or hindrance was of the making an arrest; or
C. Any action taken by a public servant in the course of his public duties shall be presumed to be lawful.
9.20.030 Resisting arrest.
A. A person commits resisting arrest if he knowingly prevents or attempts to prevent a peace officer, acting under color of his official authority, from effecting an arrest of the actor or another, by the following actions:
1. Using or threatening to use physical force or violence against the peace office or another; or
2. Using any other means which creates a substantial risk of causing physical injury to the peace officer or another; or
3. Running from or eluding or attempting to run from or elude a peace officer.
B. It is no defense to a prosecution under this section that the peace officer was attempting to make an arrest which in fact was unlawful, if he was acting under color of his official authority, and in attempting to make the arrest he was not resorting to unreasonable or excessive force giving rise to the right of self-defense. A peace officer acts "under color of his official authority" when, in the regular course of assigned duties, he is called upon to make, and does make, a judgment in good faith based upon surrounding facts and circumstances that an arrest should be made by him.
C. The term "peace officer" as used in this section and Section 9.20.040, means a peace officer in uniform or, if out of uniform, one who has identified himself by exhibiting his credentials as such peace officer to the person whose arrest is attempted.
9.20.040 Obstructing a peace officer or fireman.
A. A person commits obstructing 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, or intentionally disobeys any order of a peace officer or fireman made in the course of the prevention, control, or abatement of a fire, including the direction of traffic and persons in connection therewith.
B. It is no defense to prosecution under this section that the peace officer was acting in an illegal manner, if he was acting under color of his official authority as defined in Section 9.20.030 B.
C. This section does not apply to obstruction, impairment, or hindrance of the making of an arrest.
9.20.050 Accessory to offense.
A. A person is an accessory to an offense if, with intent to hinder, delay, or prevent the discovery, detection, apprehension, prosecu-tion, conviction, or punishment of another for the commission of an offense, he renders assistance to such person.
B. "Render assistance" has the following meanings:
1. Harbor or conceal the other; or
2. Warn such person of impending discovery or apprehension; except that this does not apply to a warning given in an effort to bring such person into compliance with the law; or
3. Provide such person with money, transportation, weapon, disguise, or other thing to be used in avoiding discovery or apprehension; or
4. By force, intimidation or deception, 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. Conceal, destroy, or alter any physical evidence that might aid in the discovery, detection, apprehension, prosecution, convic-tion or punishment of such person;
6. This section shall apply only if the offender knows that the person being assisted has committed, or has been convicted of, or is charged by pending complaint with an offense, or is suspected of or wanted for an offense, and if that offense is prohibited by this ordinance.
9.20.060 Refusal to permit inspections.
A. A person commits refusal to permit inspections if, knowing that a public servant is legally authorized to inspect property:
1. He refuses to produce or make available the property for inspection at a reasonable at a reasonable hour; or
2. If the property is available for inspection, he refuses to permit the inspection at a reasonable hour.
B. For purposes of this section, "property" means any real or personal property, including books, records, and documents which are owned, possessed, or otherwise subject to the control of the defendant. A "legally authorized inspection" means any lawful search, sampling, testing, or other examination of property, in connection with the regulation of a business or occupation, that is authorized by ordinance or state statute.
9.20.070 Refusing to aid a peace officer.
A person, eighteen years of age or older, commits refusing to aid a peace officer when, upon command by a person known to him to be a peace officer, he unreasonably refuses or fails to aid the peace officer in effecting or securing an arrest or preventing the commission by another of any offense.
9.20.080 Refusing to obey a peace officer.
A person commits refusing to obey a peace officer if he knowingly disobeys the lawful or reasonable order of any peace officer if such order is given incident to the discharge of the official duties of such peace officer.
9.20.090 Aiding escape.
A. Any person who knowingly aids, abets, or assists another person to escape or attempt to escape from custody or confinement commits the offense of aiding escape.
B. "Escape" is deemed to be a continuing activity commencing with the conception of the design to escape and continuing until the escapee is returned to custody or the attempt to escape is thwarted or abandoned.
C. "Assist" includes any activity characterized as "rendering assistance" in Section 9.20.050 B.
Chapter 9.24 PUBLIC PEACE AND ORDERSections:
9.24.010 Definitions.
9.24.020 Inciting to riot.
9.24.030 Engaging in a riot.
9.24.040 Disobedience of public safety orders under riot conditions.
9.24.050 Disorderly conduct.
9.24.060 Obstructing highway or other passageway.
9.24.070 Disrupting lawful assembly.
9.24.080 Harassment.
9.24.090 Loitering.
9.24.100 Desecration of venerated objects.
9.24.110 Joyriding.
9.24.010 Definitions.
As used in this chapter, unless the context otherwise requires, the following definitions shall apply:
A. "Destructive device" means any material, substance, or mechanism capable of being used, either by itself or in combination with other substance, material, or mechanism, to cause sudden and violent injury, damage, destruction or death.
B. "Riot" means a public disturbance involving an assemblage of five or more persons which by tumultuous and violent conduct creates grave danger of damage or injury to property or persons or substantially obstructs the performance of any governmental function.
9.24.020 Inciting to riot.
A person commits inciting to riot if he does the following:
A. Incites or urges a group of five or more persons to engage in a current of impending riot; or
B. Gives commands, instructions, or signals to a group of five or more persons in furtherance of a riot;
C. This section shall not apply if injury to a person or damage to property results from such riot.
9.24.030 Engaging in a riot.
A. A person commits an offense if he engages in a riot.
B. This section shall not apply if the actor employs a deadly weapon or destructive device in the course of rioting.
9.24.040 Disobedience of public safety orders under riot conditions.
A person commits an offense if, during a riot or when one is impending, he knowingly disobeys a reasonable public safety order to move, disperse, or refrain from specified activities in the immediate vicinity of the riot. A public safety order is an order designed to prevent or control disorder or promote the safety of persons or property issued by an authorized member of the Police, fire, military, or other forces concerned with the riot. No such order shall apply to a news reporter or other person observing or recording the events on behalf of the public press or other news media, unless he is physically obstructing efforts by such forces to cope with the riot or impending riot. Inapplicability of the order is an affirmative defense.
9.24.050 Disorderly conduct.
A. A person commits disorderly conduct if he does any of the following:
1. Makes a coarse and obviously offensive utterance, gesture, or display in a public place; or
2. Abuses or threatens a person in a public place in an obviously offensive manner; or
3. Disturbs or disrupts the peace, quiet or tranquility of another by loud or unusual noises and/or which are made during a time of day or night, or in or about a place that would disturb the peace or tranquility of another; or
4. Fights with another in a public place except in an amateur or professional contest of athletic skill; or
5. Not being a peace officer, fires or discharges any cannon, gun, pistol or other firearm, including a spring-powered or air-powered or pellet gun or BB gun or shoots with a bow and arrow; or
6. Not being a peace officer, displays a deadly weapon in a public place in a manner calculated to alarm.
B. It is an affirmative defense to prosecution under Section (A)(2) of this section that the actor had significant provocation for his abusive or threatening conduct.
C. Violation—Penalty. Any violation of the provisions of this section shall be punished in accordance with the provisions of Chapter 1.20.
(Ord. 480 §§ 1, 2, 1995)
9.24.060 Obstructing highway or other passageway.
A. An individual or corporation commits an offense if, without legal privilege, he intentionally, knowingly, or recklessly does the following:
1. Obstructs a highway, street, sidewalk, railway, waterway, building entrance, elevator, aisle, stairway, or hallway to which the public or a substantial group of the public has access or any other place used for the passage of persons, vehicles, or conveyances, whether the obstruction arises from his acts alone or from his acts and the acts of other; or
2. Disobeys a reasonable request or order to move issued by a person he knows to be a peace officer, a fireman, or a person with authority to control the use of the premises to prevent obstruction of a highway or passageway or to maintain public safety by dispersing those gathered in dangerous proximity to a fire, riot, or other hazard.
B. For purposes of this section, "obstruct" means to render impassible or to render passage unreasonably inconvenient or hazardous.
9.24.070 Disrupting lawful assembly.
A person commits disrupting lawful assembly if, intending to prevent or disrupt any lawful meeting, procession, or gathering, he significantly obstructs or interferes with the meeting, procession, or gathering by physical action, verbal utterance or any other meant.
9.24.080 Harassment.
A person commits harassment if, with intent to harass, annoy, or alarm another person, he does any of the following:
A. Strikes, shoves, kicks or otherwise touches a person or subjects him or physical contact; or
B. In a public place, directs obscene language or makes an obscene gesture to or at another person; or
C. Follows a person in or about a public place; or
D. Engages in conduct or repeatedly commits acts that alarm or seriously annoy another person and that serve no legitimate purpose; or
E. Initiates communication with a person, anonymously or otherwise, by telephone, telegraph, mail or any other form of communication, in a manner intended to harass or threaten bodily harm or property damage, or makes any comment, request, suggestion or proposal by telephone which is obscene; or
F. Makes a telephone call or causes a telephone to ring repeatedly, whether or not a conversation ensues, with no purpose of legitimate conversation; or
G. Makes repeated communications at inconvenient hours or in offensively coarse language; or
H. Repeatedly insults, taunts, or challenges another in a manner likely to provoke a violent or disorderly response.
I. 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.
9.24.090 Loitering.
A. "Loiter" means to be dilatory, to stand idly around, to linger, delay, or wander about, or to remain, abide, or tarry in a public place.
B. A person commits loitering if he does any of the following:
1. Loiters for the purpose of begging; or
2. Loiters for the purpose of unlawful gambling with cards, dice or other gambling paraphernalia; or
3. Loiters for the purpose of engaging or soliciting another person to engage in prostitution or deviate sexual intercourse; or
4. Loiters in or about a school building or grounds, not having any reason or relationship involving custody of, or responsibility for, a pupil or any other specific, legitimate reasons for being there, and not having written permission from a school administrator; or
5. Loiters with one or more persons for the purpose of unlawfully using or possessing a narcotic or dangerous drug; or
6. Remains in or upon any private premises or place of business after having been asked by the owner, lessee, or manager thereof to leave.
C. It shall be an affirmative defense that the defendant's acts were lawful and he was exercising his rights of lawful assembly as part of peaceful and orderly petition for the redress of grievances.
9.24.100 Desecration of venerated objects.
A. A person commits desecration of venerated objects if he knowingly desecrates any public monument, structure, or place of worship or burial or desecrates in a public place any other object of veneration by the public or a substantial segment thereof.
B. The term "desecrate" means defacing, damaging, polluting, or otherwise physically mistreating in a way that the defendant knows will outrage the sensibilities of persons likely to observe or discover his action or its result.
9.24.110 Joyriding.
Any person who drives or takes any motor vehicle without the consent of the owner or lawful possessor thereof, with the intent of temporarily depriving the owner or possessor of the use of the same, or temporarily making use thereof, commits joyriding.
Chapter 9.28 ASSAULTIVE OFFENSESSections:
9.28.010 Designated.
9.28.020 Menacing.
9.28.010 Designated.
A person commits the offense of assault if he knowingly or recklessly causes bodily injury to another person. This section shall not apply if serious bodily injury results or if a deadly weapon is used.
9.28.020 Menacing.
A person commits the offense of menacing if, by any threat or physical action, he knowingly places or attempts to place another person in fear of imminent bodily injury.
Chapter 9.32 FRAUDULENT PRACTICESSections:
9.32.010 Defrauding a public establishment.
9.32.020 Unlawfully using slugs.
9.32.030 Fraud by check.
9.32.010 Defrauding a public establishment.
It shall be unlawful to procure food or accommodations with the intent to defraud in any public establishment without making payment therefor in accordance with his agreement with such public establishment where the total amount due under such agreement is fifty dollars or less. For the purposes of this subsection, the following words have the following meanings:
1. "Agreement with such public establishment" means any written or verbal agreement as to the price to be charged for, and the acceptance of, food, beverage, service, or accommodations where the price to be charged therefor is printed on a menu or schedule of rates shown to or made available by a public establishment to the patron and includes the acceptance of such food, beverage, service, or accommodations for which a reasonable charge is made.
2. "Public establishment" means any establishment selling or offering for sale prepared food or beverage to the public generally, or any establishment leasing or renting overnight sleeping accommodations to the public generally, including, but not exclusively, restaurants, cafes, dining rooms, lunch counters, coffee shops, boarding houses, hotels, motor hotels, motels, and rooming houses, unless the rental thereof is on a month-to-month basis or a longer period of time.
9.32.020 Unlawfully using slugs.
A. A person commits unlawfully using slugs, if:
1. With intent to defraud the vendor of property or a service sold by means of a coin machine, he knowingly inserts, deposits, or uses a slug in such machine or causes the machine to be operated by any other unauthorized means; or
2. He makes, possesses, or disposes of a slug or slugs with intent to enable a person to use it or them fraudulently in a coin machine.
B. "Coin machine" means a coin box, turnstile, vending machine, or other mechanical or electronic device or receptacle designed to receive a coin or bill of a certain denomination or token made for the purpose and, in return for the insertion or deposit thereof, to offer, to provide, to assist in providing, or to permit the acquisition of some property or some public or private service.
C. "Slug" means any object or article which, by virtue of its size, shape, or any other quality, is capable of being inserted, deposited, or otherwise used in a coin machine as an improper but effective substitute for a genuine coin, bill, or token, and of thereby enabling a person to obtain without valid consideration the property or service sold through the machine.
9.32.030 Fraud by check.
Any person, knowing he has insufficient funds with the drawee, who, with intent to defraud, issues a check for the payment of services, wages, salary, commissions, labor, rent, money, property, or other thing of value, commits fraud by check.
Chapter 9.36 TRESPASS AND CRIMINAL MISCHIEFSections:
9.36.010 Criminal mischief defined.
9.36.020 Criminal trespass defined.
9.36.030 Criminal tampering defined.
9.36.040 Defacing property prohibited.
9.36.050 Littering of public and private property.
9.36.060 Abandonment of a motor vehicle.
9.36.070 Loitering near schools and other interference with schools prohibited.
9.36.010 Criminal mischief defined.
A. Any person who knowingly damages the real or personal property of one or more persons in the course of a single criminal episode commits the offense of criminal mischief.
B. This section shall apply only if the aggregate damage to the real or personal property is less than one hundred dollars.
9.36.020 Criminal trespass defined.
A person commits the offense of criminal trespass if he unlawfully enters or remains in or upon premises.
9.36.030 Criminal tampering defined.
A person commits the offense of criminal tampering if he tampers with property of another with intent to cause injury, inconvenience, or annoyance to that person or to another or if he makes unauthorized connections with the property of a utility.
9.36.040 Defacing property prohibited.
Any person who defaces, or causes, aids in, or permits the defacing of any public or private property without the consent of the owner of such property is guilty of the offense of defacing property.
9.36.050 Littering of public and private property.
A. Any person who deposits, throws, or leaves any litter on any public or private property or in any waters commits littering.
B. The following shall be affirmative defenses:
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.
C. For the purpose of this section, the following definitions shall apply:
1. "Litter" means all rubbish, waste material, refuse, garbage, trash, debris, or other foreign substances, solid or liquid, of every form, size, kind, and description, and includes snow deposited on roads or highways.
2. "Public or private property" includes but is not limited to the right-of-way of any road or highway, and body of water or watercourse, including frozen areas of the shores or beaches thereof, any
park, playground, or building, any refuge, conservation, or recreation area, and residential, farm, or ranch properties or timberlands.
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 of the tenant in lawful possession thereof, any litter found thereon.
E. 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.
9.36.060 Abandonment of a motor vehicle.
A. Any person who abandons any motor vehicle upon a street, highway, right-of-way, or any other public property, or upon any private property without the express consent of the owner or person in lawful charge of that private property, commits abandonment of a motor vehicle.
B. To "abandon" means to leave a thing with the intention not to retain possession of or assert ownership over it. The intent need not coincide with the act of leaving.
C. The following are prima facie evidence of the necessary intent:
1. The motor vehicle has been left for more than seventy-two hours unattended and unmoved; or
2. License plates or other identifying marks have been removed from the motor vehicle; or
3. The motor vehicle has been damaged or is deteriorated so extensively that it has value only for junk or salvage; or
4. The owner has been notified by a law enforcement agency to remove the motor vehicle and it has not been removed within three days after notification.
9.36.070 Loitering near schools and other interference with schools prohibited.
A. It shall be unlawful for any person to loiter, idle, wander, stroll or play in, about or on any public, private or parochial school, its grounds or buildings or grounds or buildings adjacent thereto 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.
B. No person shall annoy, disturb or otherwise prevent the orderly conduct of class or activities of any such school or annoy, assault, disturb or molest any student or employee of any school while in any such school building or any school grounds or grounds adjacent to any school or conduct himself in a lewd, wanton, or lascivious manner in speech or behavior or in or about any school building or school grounds adjacent to any school.
Chapter 9.40 FIREARMS AND WEAPONSSections:
9.40.010 Definition.
9.40.020 Possessing an illegal weapon.
9.40.030 Unlawfully carrying a concealed weapon—Unlawful possession of weapons.
9.40.040 Prohibited use of weapons.
9.40.050 Confiscation.
9.40.010 Definition.
As used in this chapter, the definition of the various weapons designated as illegal set forth at C.R.S. Section 18-12-101, as amended, shall apply.
9.40.020 Possessing an illegal weapon.
A. As used in this section, "illegal weapon" means a blackjack, bomb, firearm silencer, gas gun, machine gun, short rifle, short shotgun, metallic knuckles, gravity knife, or switchblade knife.
B. A person, other than a peace officer or member of the armed forces of the United States or Colorado National Guard acting in the lawful discharge of his duties, or a person who has a valid permit and license pursuant to the federal code for such weapon, commits possessing an illegal weapon if he knowingly possesses an illegal weapon. The exceptions in this subsection B shall be an affirmative defense.
9.40.030 Unlawfully carrying a concealed weapon—Unlawful possession of weapons.
A. A person commits an offense if he knowingly and unlawfully does any of the following:
1. Carries a knife with a blade over three and one-half inches in length concealed on or about his person; or
2. Carries a firearm concealed on or about his person; or
3. Without legal authority, carries, brings, or has in his possession a firearm or any explosive, incendiary, or other dangerous device within a public building.
A. It is an affirmative defense that the defendant was:
1. A person in his own dwelling or place of business or on property owned or under his control at the time of the act of carrying; or
2. A person in a private automobile or other private means of conveyance who carries a weapon for lawful protection of his or another's property while travelling; or
3. A person who, prior to the time of carrying a concealed weapon has been issued a written permit to carry the weapon by the Chief of Police, the Mayor of a Town, or the sheriff of a county.
4. A peace officer as defined in Section 9.04.120.
9.40.040 Prohibited use of weapons.
A person commits prohibited use of weapons if:
A. He knowingly and unlawfully aims a firearm at another person; or
B. Recklessly or with criminal negligence he discharges a firearm or shoots a bow and arrow; or
C. He sets a loaded gun, trap, or device designed to cause an explosion upon being tripped or approached, and leaves it unattended by a competent person immediately present; or
D. He has in his possession a firearm while he is in a place licenses for the sale of alcoholic beverages or while he is under the influence of intoxicating liquor or of a narcotic or dangerous drug. Possession of a permit is no defense to a violation of this section.
9.40.050 Confiscation.
Any firearm or other weapon used in the violation of any part of this chapter may be confiscated and destroyed upon order of the municipal judge.
Chapter 9.44 OFFENSES RELATING TO MORALSSections:
9.44.010 Prostitution prohibited.
9.44.020 Soliciting for prostitution.
9.44.030 Pandering.
9.44.040 Keeping a place of prostitution.
9.44.050 Patronizing a prostitute.
9.44.060 Prostitute making display.
9.44.070 Promoting sexual immorality.
9.44.080 Public indecency.
9.44.090 Indecent exposure.
9.44.010 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 spouse in exchange for money or other thing of value commits prostitution.
B. 1. "Fellatio", as used in this section, means any act of oral stimulation of the penis.
2. "Cunnilingus", as used in this section, means any act of oral stimulation of the vulva or clitoris.
3. "Masturbation", as used in this section, means stimulation of the genital organs by manual or other bodily contact exclusive of sexual intercourse.
4. "Anal intercourse", as used in this section, means contact between human beings of the genital organs of one and the anus of another.
9.44.020 Soliciting for prostitution.
A person commits soliciting for prostitution if he:
A. Solicits another for the purpose of prostitution; or
B. Arranges or offers to arrange a meeting of persons for the purpose of prostitution; or
C. Directs another to a place knowing such direction is for the purpose of prostitution.
9.44.030 Pandering.
Any person who knowingly arranges or offers to arrange a situation in which a person may practice prostitution commits pandering.
9.44.040 Keeping a place of prostitution.
A. Any person who has or exercises control over the use of any place which offers seclusion or shelter for the practice of prostitution and who performs any one or more of the following commits keeping a place of prostitution if he:
1. Knowingly grants or permits the use of such place for the purpose of prostitution; or
2. Permits the continued use of such place for the purpose of prostitution after becoming aware of facts or circumstances from which he should reasonably know that the place is being used for purpose of prostitution.
9.44.050 Patronizing a prostitute.
Any person who performs any of the following with a person not his spouse commits patronizing a prostitute:
A. Engages in an act of sexual intercourse or of deviate sexual conduct with a prostitute; or
B. Enters or remains in a place of prostitution with intent to engage in an act of sexual intercourse or deviate sexual conduct.
9.44.060 Prostitute making display.
Any person who by word, gesture, or action endeavors to further the practice of prostitution in any public place or within public view commits a violation of this section.
9.44.070 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 person who are not husband and wife, or for or in aid of deviate sexual intercourse, or who advertises in any manner that he furnishes or is willing to furnish or make available any such facility for such purposes, commits promoting sexual immorality.
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.
9.44.080 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:
A. An act of sexual intercourse; or
B. An act of deviate sexual intercourse; or
C. A lewd exposure of the body done with intent to arouse or to satisfy the sexual desire of any person; or
D. A lewd fondling or caress of the body of another person; or
E. Urination or defecation.
9.44.090 Indecent exposure.
A person commits indecent exposure if he knowingly exposes his genitals to the view of any person under circumstances in which such conduct is likely to cause affront or alarm to the other person.
Chapter 9.48 GAMBLINGSections:
9.48.010 Definitions.
9.48.020 Gambling prohibited.
9.48.030 Possession of a gambling device or record.
9.48.040 Gambling information.
9.48.050 Gambling premises.
9.48.010 Definitions.
As used in this chapter, unless the context otherwise requires:
A. "Gain" means the direct realization of winnings; "profit" means any other realized or unrealized benefit, direct or indirect, including without limitation benefits from proprietorship, management, or unequal advantage in a series of transactions.
B. "Gambling" means risking any money, credit, deposit, or other thing of value for gain contingent in whole or in part upon lot, chance, the operation of a gambling device, or the happening or outcome of an event, including a sporting event, over which the person taking a risk has no control, but does not include:
1. Bona fide contest of skill, speed, strength, or endurance in which awards are made only to entrants or the owners of entries; or
2. Bona fide business transactions which are valid under the law of contracts; or
3. Other acts or transactions now or hereafter expressly authorized by law; or
4. Any game, wager, or transaction which is incidental to a bona fide social relationship, is participated in by natural persons only, and in which no person is participating, directly or indirectly, in professional gambling.
C. "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.
D. "Gambling information" means a communication with respect to any wager made in the course of, and any information intended to be used for, professional gambling. In the application of this definition the following shall be presumed to be intended for use in professional gambling: Information as to wagers, betting odds, or changes in betting odds. Legitimate news reporting of an event for public dissemination is not gambling information within the meaning of this chapter.
E. "Gambling premises" means any building, room, enclosure, vehicle, vessel, or other place, whether open or enclosed, used or intended to be used for professional gambling. In the application of this definition, any place where a gambling device is found is presumed to be intended to be used for professional gambling.
F. "Gambling proceeds" means all money or other things of value at stake or displayed in or in connection with professional gambling.
G. "Gambling record" means any records, receipt, ticket, certificate, token, slip, or notation given, made, used or intended to be used in connection with professional gambling.
H. "Professional gambling" means:
1. Aiding or inducing another to engage in gambling, with the intent to derive a profit therefrom; or
2. Participating in gambling and having, other than by virtue of skill or luck, a lesser chance of losing or a greater chance winning than one or more of the other participants.
I. "Repeating gambling offender" means any person who has been convicted of an offense under Sections 9.48.020 to 9.48.050 within the preceding five years.
9.48.020 Gambling prohibited.
A. A person who engages in gambling commits an offense.
B. This section shall not apply to a repeating gambling offender as defined in Section 9.48.010 (I).
9.48.030 Possession of a gambling device or record.
A. A person who owns, manufactures, sells, transports, possesses, or engages in any transaction designed to affect the ownership, custody or use of a gambling device or gambling record, knowing that it is to be used in professional gambling, commits possession of a gambling device or record.
B. This section shall not apply if the offender is a repeating gambling offender as defined in Section 9.48.010 (I).
9.48.040 Gambling information.
A. Whoever knowingly transmits or receives gambling information by telephone, telegraph, radio, semaphore or other means or knowingly installs or maintains equipment for the transmission or receipt of gambling information commits an offense.
B. This section shall not apply if the offender is a repeating gambling offender as defined in Section 9.48.010 (I).
C. Facilities and equipment furnished by a public utility in the regular course of business, and which remain the property of the utility while so furnished, shall not be seized except in connection with an alleged violation of this article by the public utility and shall be forfeited only upon conviction of the public utility therefor.
9.48.050 Gambling premises.
A. Whoever as owner, lessee, agent, employee, operator, or occupant knowingly maintains, aids, or permits the maintaining of gambling premises commits maintaining gambling premises.
B. All gambling premises are common nuisances which shall be subject to abatement as provided by law.
C. This section shall not apply if the offender is a repeating gambling offender as defined in Section 9.48.010 (I).
Chapter 9.52 MISCELLANEOUS OFFENSESSections:
9.52.010 Open containers—Prohibited.
9.52.020 Unlawful solicitation of drinks.
9.52.030 Reserved.
9.52.040 Fireworks prohibited.
9.52.050 Distribution of handbills.
9.52.060 Throwing of objects.
9.52.070 Unlawful to discard or abandon iceboxes or motor vehicles and similar items.
9.52.080 Furnishing tobacco to minors.
9.52.090 Fireworks restriction.
9.52.010 Open containers—Prohibited.
A. It is unlawful for any person to possess beer, wine or any spirituous liquor in an open container in any vehicle or public place within the Town, except within establishments licensed by the Town to sell such beverages for consumption upon the premises and except on premises licensed by a special event permit.
B. The provisions of this section shall not apply to a person in possession of one opened but resealed container of partially consumed vinous liquor which was lawfully removed from the licensed premises of an established holding a hotel and restaurant liquor license.
(Ord. 457 § 1, 1992)
(Ord. No. 547, § 1, 8-4-2003; Ord. No. 558, § 1, 8-12-2004)
9.52.020 Unlawful solicitation of drinks.
It is unlawful in any place of business where alcoholic beverages are sold for consumption upon the premises, for any person to beg or solicit any patron or customer of or visitor in such premises to purchase any alcoholic beverage for the one begging or soliciting.
9.52.030 Reserved.
Editor's note— Ord. No. 574, adopted Jan. 12, 2006, repealed § 9.52.030, which pertained to clairvoyance—fortunetelling prohibited. This section bore no history note.
9.52.040 Fireworks prohibited.
It is unlawful for any person to sell, offer or expose for sale, lend or give away, set fire to, discharge or explode within the Town any firecracker, fireworks, blank cartridge, toy cannon, bomb, torpedo, or anything of like nature containing gun powder or any combustible matter or explosive material except for those items specifically approved for sale to the general public by the state of Colorado.
(Ord. 393, 1985)
9.52.050 Distribution of handbills.
A. No show bills, dodgers, newspapers or advertising matter of any kind shall be posted, fastened or affixed to the exterior of any building, fence, tree, motor vehicle or other device, nor shall they be scattered about Town. This section does not apply to bills, dodgers, posters or other advertising material normally associated with political campaign or activities; nor to for sale, for rent and yard sale signs.
B. Any person(s) who places, authorizes placement or has placed on their behalf, any political bill, dodger, poster or banner upon the exterior of any building, tree, pole or fence within the Town shall cause the same to be removed within ten calendar days of the election for which it was intended. Yard sale signs shall be removed within ten calendar days of the sale and for rent and for sale signs shall be removed within ten calendar days of closure or lease.
(Ord. 396, 1985)
9.52.060 Throwing of objects.
It shall be unlawful for any person to throw any stone, snowball or any other object upon or at any vehicle, building, tree or other public or private property, or upon or at any person in any public way or place, or on any enclosed or unenclosed ground.
9.52.070 Unlawful to discard or abandon iceboxes or motor vehicles and similar items.
Any person abandoning or discarding, 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 of 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 commits an offense.
9.52.080 Furnishing tobacco to minors.
A. It shall be unlawful for any person to sell, give or furnish any tobacco to any person under sixteen years of age without the written order of the parent, guardian, or other person having legal care or custody of such minor.
B. It shall be unlawful for any person who is the owner, operator, clerk or person in charge of a store or business wherein is installed an automatic vending machine for cigarettes or other articles containing tobacco knowingly to permit any person under sixteen years of age to use such vending machine without the written consent of the parent, guardian, or other person having legal care or custody of such minor.
9.52.090 Fireworks restriction.
A. Process for declaring a fireworks ban. The Chief of the Oak Creek Fire Protection District, acting in good faith and without malice in the discharge of his duties, is hereby authorized to declare a fireworks ban when he determines that there is a high danger of fire.
B. Fireworks prohibited by fireworks ban. The sale, use and/or possession of all fireworks, including Class C fireworks, as defined in the 1997 Uniform Fire Code shall be prohibited when a fireworks ban has been declared, on record, by the fire chief.
C. Penalty. Any person who violates this ordinance commits a Class 1 misdemeanor punishable by a fine of not more than three hundred dollars or by imprisonment not to exceed ninety days, or by both such fine and imprisonment.
(Ord. No. 537, §§ 1—3, 6-13-2002)
Editor's note— Ord. No. 537, §§ 1—3, adopted June 13, 2002, set out provisions intended for use as 9.52.080. For purposes of classification and to preserve the style of this Code, and at the editor's discretion, these provisions have been included as 9.52.090.
Chapter 9.60 CURFEW [1] Sections:
9.60.010 Definitions.
9.60.020 Curfew times.
9.60.030 Exceptions.
9.60.040 Permitting minors to violate curfew.
9.60.010 Definitions.
For purposes of this section, the following terms, phrases, words and their derivations shall have the meanings given herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural include the singular and words in the singular include the plural.
A. "Minor" is any person under the age of eighteen.
B. "Parent" is any person having legal custody of a minor (1) as a natural or adoptive parent; (2) as a legal guardian; (3) as a person who stands in loco parentis; or (4) as a person to whom legal custody has been given by order of the court.
C. "Remain" means to stay behind, to tarry and to stay unnecessarily upon the streets, including the congregating of groups (or of interacting minors) total four or more persons in which any minor involved would not be using the streets for ordinary or serious purposes such as mere passage or going home.
D. "Public place" is any public road, street or alley and a place people may legally enter without invitation or restraint.
(Ord. No. 528, § 1, 10-26-2000)
9.60.020 Curfew times.
A. No person under the age of sixteen years shall be or remain upon any public street, sidewalk, alley or any public place or right of way between 10:00 p.m. and 5:00 a.m., except as provided in Section 9.60.030.
B. No person who has attained the age of sixteen years but is under the age of eighteen years shall be or remain upon the streets, alleys or public places within the Town of Oak Creek during the following listed times:
1. Sunday through Thursday inclusive from September 1 through May 31 - 10:00 p.m. and 5:00 a.m.
2. Friday and Saturday, September 1 through May 31, 12:00 p.m. (midnight) and 5:00 a.m.
3. Each day commencing June 1 through August 31, 12:00 p.m. and 5:00 a.m.
(Ord. No. 528, § 1, 10-26-2000)
9.60.030 Exceptions.
In the following exceptional cases, a minor may be or remain in a public place beyond the hours set forth in Section 9.60.020.
1. When accompanied by a parent of such minor;
2. When accompanied by a person twenty-one years of age or older, authorized by a parent of such minor to take the parent's place in accompanying such minor for a designated period of time and purpose within a specified area;
3. When exercising First Amendment rights under the United States Constitution such as the free exercise of religion, speech and assembly. Such minor shall evidence the legitimacy of such exercise by first delivering to police personnel, at the Oak Creek Police Department, a written communication, signed by such minor and countersigned by a parent of such minor with their home address and telephone number, specifying when, where and in what manner such minor will be on the streets, alleys or public places during the period when this chapter is otherwise applicable to such minor, in the exercise of a First Amendment right specified in such communication.
4. In the case of a reasonable necessity, but only after such minor's parent has communicated to the Oak Creek Police Department the fact establishing such reasonable necessity relating to specified areas at a designated time for a described purpose including point of origin and destination;
5. For twenty minutes before or after employment hours when commuting directly to and from such employment and when carrying an employer's certification of time and place of employment.
6. When returning home from events such as movies, school sponsored events, theater or sporting events where attendance at said event was approved by said parent.
(Ord. No. 528, § 1, 10-26-2000)
9.60.040 Permitting minors to violate curfew.
It shall be unlawful for anyone having the legal care and custody of any person, as described above, to allow or permit such person to go or be upon any public street, alley or other public place in the Town in the nighttime as restricted in the preceding section, except in case of necessity.
(Ord. No. 528, § 1, 10-26-2000)
FOOTNOTE(S):
--- (1) ---
Editor's note—Ord. No. 528, § 1, adopted Oct. 26, 2000, repealed the former Ch. 9.60, §§ 9.60.010—9.60.040, and enacted a new Ch. 9.60 as set out herein. The former Art. 9.60 pertained to offenses by minors. These sections bore no history note.(Back)
Chapter 9.64 ENFORCEMENTSections:
9.64.010 Scope.
9.64.020 Penalties.
9.64.030 Public work.
9.64.010 Scope.
It is the intent and purpose of this title not to cover and include those offenses which are classified as felonies under the Colorado Revised Statutes, as amended, and this title shall be so construed notwithstanding any language contained herein to the contrary.
9.64.020 Penalties.
Any person engaging in any conduct defined as an offense under this title or otherwise violating any provision and upon conviction shall be punished by a fine not exceeding three hundred dollars, or by imprisonment not exceeding ninety days, or by both such fine and imprisonment, unless otherwise provided. Each such person shall be guilty of a separate offense for each and every day during any portion of which any violation of this title is committed, continued or permitted by such person, and he may be punished accordingly.
9.64.030 Public work.
In lieu of the penalties provided in Section 9.64.020 of this title, the municipal judge may require any person convicted of any offense to engage in public work for the Town or for any charity, the terms and conditions thereof to be set forth by the municipal judge.