HomeMy WebLinkAboutOrdinance-1976-0209 - Repeal WR Ord 6 & 20 - Promotion of Public Peace, Health, SafetyINTRODUCED BY COUNCILMAN MERKL
ORDINANCE NO. 209
SERIES OF 1976
AN ORDINANCE REPEALING ORDINANCE NO. 6,
SERIES OF 1969, AND ORDINANCE NO. 20,
SERIES OF 1970, OF THE CITY OF WHEAT
RIDGE, COLORADO, AND PROVIDING FOR THE
PRESERVATION AND PROMOTION OF THE PUBLIC
PEACE, HEALTH, AND SAFETY, AND ADOPTING
BY REFERENCE TITLE 9 OF THE LAKEWOOD,
COLORADO MUNICIPAL CODE AS APPROVED AND
PASSED ON MAY 28, 1974, AND PUBLISHED
ON JUNE 6, 1974, BY THE CITY OF LAKEWOOD,
COLORADO.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
WHEAT RIDGE, COLORADO, THAT:
Section 1. Adoption. Pursuant to Section 402, Article
12 of Chapter 31, Colorado Revised Statutes, 1973, there is
hereby adopted for the purpose of preserving and promoting
the public peace, health and safety of the citizens of Wheat
Ridge, Colorado, that certain primary code known as Title 9
of the Lakewood Colorado Municipal. Code, as approved and
passed on May 28, 1974, of which three (3) copies of the
primary code are filed in the office of the City Clerk of
the City of Wheat Ridge, Colorado, and may be inspected during
regular business hours. Title 9 of the Lakewood Colorado
Municipal Code as approved and passed on May 28, 1974, shall
be and is hereby adopted with the following amendments and
exclusions:
Section 2. Title. Title 9 of the Lakewood Colorado
Municipal Code is amended to read:
This code shall be referred to and known
as the Wheat Ridge Penal Code and all
references to the City herein shall mean
the City of Wheat Ridge, Colorado.
Section 3. Definitions. Section 9.02.010 of Title 9
of the Lakewood Municipal Code is amended to read:
ORDINANCE NO. 209
(1) "Custodian" means the Chief of Police of
the City of Wheat Ridge, Colorado.
(2) "Chief of Police" means the duly appointed
Chief of Police of the City of Wheat Ridge, Colorado.
Section 4. References.
(1) All references to "City" and "City of Lakewood"
in Title 9 of the Lakewood Colorado Municipal Code shall
mean the City of Wheat Ridge, Colorado.
(2) All references to "Director of Public Safety"
or "Director" in Title 9 of the Lakewood Municipal Code shall
mean the Chief of Police of the City of Wheat Ridge, Colorado.
(3) All references to "Department of Public Safety"
in Title 9 of the Lakewood Municipal Code shall mean the
Wheat Ridge Police Department.
(4) All references to "Director of Administrative
Services" shall mean the City Administrator.
(5) All references to "Municipal Code" shall mean
the ordinances of the City of Wheat Ridge, Colorado.
Section S. Section 9.02.160 of Title 9 of the Lakewood
Municipal Code is amended to read: Conducting Sales. The
City Administrator, or his designee, shall conduct all sales
made pursuant to the terms of this Chapter.
Section 6. Section 9.10.030(b) of Title 9 of the Lakewood
Municipal Code is amended to read: (b) The term "Police
Officer" as used in this Ordinance means any person defined
as a peace officer by Chapter 18, Article 1, Section 901,
C.R.S. 1973, as amended, who is in uniform or who has displayed
his credentials to the person whose arrest is attempted.
Section 7. Section 9.12.020(a) of Title 9 of the Lakewood
Municipal Code is amended to read: (a) It is unlawful for
any person or persons to drive or cause any tow truck or
vehicle equipped to provide towing service to be driven to,
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ORDINANCE NO. 209
or to stop or park any such vehicle, or cause the same to be
stopped or parked, at or near the scene of any traffic accident,
when such tow truck or vehicle has not been called to the
scene by the owner or operator of a damaged vehicle, or
the owner of the property required to be towed from the
scene, or by the owner's authorized agent or insurance carrier,
or by a Police Officer of the City of Wheat Ridge or other
peace officer attending the scene.
Section S. Section 9.28.010 of Title 9 of the Lakewood
Municipal Code is amended by deleting the following words,
"as defined in the Traffic Code, and"; all remaining parts
of Section 9.28.010 are adopted without change.
Section 9. Chapters 9.32, 9.33, 9.52, 9.64, 9.80,
9.82 and 1.16 of Title 9 of the Lakewood Municipal Code are
deleted and not adopted by reference.
Section 10. Offenses Against Public Decency. Chapter
9.40 of Title 9 of the Lakewood Municipal Code is hereby
amended by adding a new Section, which shall be captioned:
9.40.015 Window Peeping; and which shall read: It shall be
unlawful for any person to trespass upon the property owned
or occupied by another in the City of Wheat Ridge for the
purpose of looking or peeping into any window, door, skylight,
or other opening in a house, room or building, or to loiter
in a public street, alley, parking lot or other public place
for the purpose of wrongfully observing the actions of the
occupants of such house, room or building.
Section 11. Section 9.90.010 of Title 9 of the Lakewood
Municipal Code is amended to read: Affirmative Defenses. The
affirmative defenses available in Section 18-1-701 through
18-1-770, C.R.S. 1973, as amended, shall be available as
affirmative defenses to prosecutions in the Municipal Court
under those provisions covered by this Ordinance.
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ORDINANCE NO. 209
Section 12. Section 9.92.010 of Title 9 of the Lakewood
Municipal Code is amended to read: Legislative Intent and
Construction. It is the intent and purpose of this Title
not to cover and include those offenses which are felonies
under 1973 Colorado Revised Statutes, as amended, and this
Title shall be so construed notwithstanding any language
contained in the same which might otherwise be construed
to the contrary.
Section 13. Section 9.94.010 of Title 9 of the Lakewood
Municipal Code is amended to read: Definitions. Terms
used herein shall be as defined in Chapter 18, 1973 Colorado
Revised Statutes, as amended, or as used in their ordinary,
usual and accepted sense and meaning.
Section 14. Penalties for Violations. The following
penalties, herewith set forth in full shall apply to the
provisions of Title 9 of the Lakewood Municipal Code herein
adopted:
(a) It is unlawful for any person to violate any
of the provisions of this ordinance which adopts Title 9
of the Lakewood Municipal Code by reference, and any such
violation shall be punished as is hereinafter provided.
(b) Every person convicted of a violation of any
provision of this ordinance shall be punished by a fine not
exceeding Three Hundred Dollars ($300.00), or by imprisonment
not exceeding ninety (90) days, or by both such fine and
imprisonment.
Section 15. Severability of Parts of Ordinance. If
any section, subsection, sentence, clause, phrase or portion
of this ordinance is for any reason held invalid or un-
constitutional by any court of competent jurisdiction, such
portion shall be deemed a separate, distinct and independent
provision and such holdings shall not affect the validity of
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ORDINANCE NO. 209
the remaining portions hereof. The City Council hereby
declares that it would have adopted this ordinance and each
section, subsections, sentence, clause, phrase, part or
portion thereof irrespective of the fact that any one or
more of the sections, subsections, clauses, phrases, parts
or portions may be aeclared invalid or unconstitutional.
Section 16. This ordinance shall take effect thirty
(30) days after final publication, and shall apply to all
offenses occurring on or after said date. All offenses
committed and all liabilities incurred prior to the effective
date of this ordinance shall be treated as though all prior
applicable ordinances and amendments thereto were in full
force and effect for the purpose of sustaining any proper
suit, action or prosecution with respect to such offenses
and liabilities.
INTRODUCED, READ AND PASSED by a vote of 6 to 0
on first reading at a regular meeting of the City Council on
March 8th , 1976; ordered published twice, once at least
eight days preceeding Public Hearing, and once at least
fifteen days preceeding Public Hearing scheduled for April 12th
, 1976 at 7:30 P.M. at WHEAT RIDGE PARIS, 4355 Field Street
Wheat Ridge, Colorado
PASSED, ADOPTED AND ORDERED PUBLISHED ON SECOND AND
FINAL READING by a vote of 5 to 0 this 12th day of
April , 1976.
Frank Stites, Mayor
ATTEST:
Ei ~,ougham, i y jerk
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Ordinance No. 209 - Page 6
PUBLIC PEACE AND SAFETY
Title 9
PUBLIC PEACE AND SAFETY*
Chapters:
1. OFFENSES BY OR AGAINST
OFFICERS AND GOVERNMENT
9.02 Custody of Lost, Stolen, Confiscated or
Abandoned Property
9.06 False Reporting to Authorities
9.08 Impersonating Officers and Employees
9.10 Interfering with Public Officers
9.12 Limitations on Use of Certain Vehicles and
Equipment
9.14 Reports to Public Officials
II. OFFENSES AGAINST THE PERSON
9.20 Assault
III. OFFENSES AGAINST PUBLIC
HEALTH AND SAFETY
9.26 Abandoned Containers
9.28 Flammable Liquids
9.30 Littering and Dumping
9.32 Park Regulations
9.33 Swimming Regulations
9.34 Pollution
9.36 Wildlife
*For statutory provisions authorizing cities to pass and enforce all necessary police
ordinances, see C.R.S. 139-32-1(8).
For regulations governing selling persomd property without a license, see
Chapter 5.04. for regulations !overning sclline Christmas trees without a license,
see Chapter 5.08, for regulations governing e%plosrveF, see Chapter 5.15, fcr
regalatiotas governing urdawfcl sale of fireworks, see Chapter 5.20, for regulations
governing unhawia transactions of pawnbrokers, gee Chapter 5 .24, for regulations
governing unlawful conduct of soucitors, we Chapter 5.28, for regulations
governing animals at large, see Chapter 6.16.
234 (Lakewood 7-1 S-74)
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PUBLIC PEACE AND SAFETY
I`'. OFFENSES AGAINST PUBLIC
DECENCY
9.40 Solicitation of Drinks
V. OFFENSES AGAINST PUBLIC PEACE
9.50 Disorderly Conduct
9.52 Noise
VI. OFFENSES AGAINST PROPERTY
9.60 Injuring or Destroying Property
9.62 Obstructing Traffic
9.64 Shoplifting
9.66 Trespassing
VII. WEAPONS
9.70 Dangerous or Deadly Weapons
`VIII. NUISANCES
9.80 Abatement of Nuisances
9.82 Declared Nuisances
IX. PROVISIONS APPLICABLE TO
OFFENSES GENERALLY
9.90 Affirmative Defenses
9.92 Legislative Intent
9.94 Definitions
235 (Lakewood 7-15-74)
ORDINANCE NO. 209 - Page 7
CUSTODY OF LOST, STOLEN PROPERTY
1. OFFENSES BY OR AGAINST
OFFICERS AND GOVERNMENT
Chapter 9.02
CUSTODY OF LOST, STOLEN,
CONFISCATED OR ABANDONED PROPERTY
Sections:
9.02.010
Definitions.
9.02.020
Director deemed custodian.
9.02.030
Property held as evidence.
9.021.040
Disposition generally.
9.02.050
Notification of owner.
9.02.060
Disposal of unclaimed property when.
9.02.070
Reclaiming property
9.02.080
Failure to claim property.
9.02.090
Readvertisement.
9.02.100
Destruction of property after sale.
9.02.110
Proceeds of sale.
9.02.120
Exceptions generally.
9.02.130
Firearms.
9.02.140
Destruction of certain property.
9.02.150
Specific exceptions.
9.02.160
Administrative services.
9.02.170
Exception-Rights of finder.
9.02.010 DEFINITIONS. As used in this chapter, the
following words have the meanings hereinafter set forth:
(1) "Custodian" means the director of public safety or his
successor in office, or his designee. and his successor in office.
(2) "Director" means the director of public safety of the
city. (Ord. 0-74-1 § 1 (part), 1974).
236 (Lakewood 7-15-74)
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CUSTODY OF LOST, STOLEN PROPERTY
9.02.020 DIRECTOR DEEMED CUSTODIAN. The
director of public safety of the city is designated the official
custodian of each and every article or object of personal
property lost, stolen, confiscated or abandoned, which property
is not in the lawful custody of any other person or court, and
which property has been delivered to the director or one of his
subordinates for care, custody and control. (Ord. 0-74-1 § 1
(part), 1974).
9.02.030 PROPERTY HELD AS EVIDENCE. The
custodian, or his designee, shall keep in his custody all articles
of personal property seized or held as evidence, which property
has been delivered to the custodian, or one of his subordinates,
for care, custody and control, for use in any pending or
prospective trial, unless otherwise ordered by the court having
jurisdiction, or upon proper authorization of the prosecuting
attorney, until final disposition of any pending charges,
including appeals or the lapse of time for filing appeal.
Thereafter, unless ordered to the contrary by the court having
jurisdiction, the custodian, or his designee, shall make
disposition of such property in accordance with the provisions
of this chapter hereinafter set forth. (Ord. 0-74-1 § 1 (part),
1974).
9.02.040 DISPOSITION GENERALLY All lost, stolen,
confiscated or abandoned property, which property has been
delivered to the custodian or one of his subordinates for care,
custody and control, not being held pending disposition of
charges pursuant to Section 9.02.030, shall be subject to
disposition according to the provisions of Seciions 9.02.040
through 9.02.110, unless otherwise provided in this chapter or
237 (Lakewood 7-15-74)
ORDINANCE NO. 209 - Page 8
CUSTODY OF LOST, STOLEN PROPERTY
ordered to the contrary by any court. (Ord. 0-74-1 § 1 (part),
1974)
9.02.050 NOTIFICATION OF OWNER. The custodian, or
his designee, shall examine any such property, and if the
identity of the owner appears from such examination, or if the
identity of the owner is readily available to the custodian from
public records available to him, or otherwise known to him, the
custodian shall notify the apparent owner by letter, mailed by
first class United States mail, postage prepaid, to the last known
address of such apparent owner, mailed within a reasonable
time after identification of the apparent owner, describing the
property and stating that the same is held by the custodian and
may be sold or otherwise disposed of unless claimed within
thirty days of mailing such notice. (Ord. 0-74-1 § 1 (part),
1974).
9.02.060 DISPOSAL OF UNCLAIMED PROPERTY
WHEN. If any such property remains unclaimed sixty days after
the same is no longer required to be held in evidence pursuant
to Section 9.02.030, or sixty days after the same has come into
the possession of the custodian, or thirty days after the mailing
of any letter of notice provided for in Section 9.02.050,
whichever is the longer time, such property may be retained by
the Lakewood department of public safety and kept for use by
the city for training programs or otherwise or disposed of from
time to time by the director or his designee as hereinafter set
forth:
(1) Bicycles, tricycles or other articles made for use by
children may be sold as hereinafter provided, or may, in the
alternative, be given to poor or needy or institutionalized
children as the director may order, either directly or by making
the same available for distribution through religious, charitable,
civic or other organizations, or institutions, provided, however,
238 (Lakewood 7-15-74)
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CUSTODY OF LOST, STOLEN PROPERTY
that at least ten days prior to any such disposition, a public
notice of intention to dispose of any such articles shall be
published in a newspaper of general circulation in the city,
together with a description thereof, and the rightful owner may
claim any such article within the period between final
publication and donation, upon satisfactory proof of identity
and ownership.
(2) Any such property may be sold at public sale, provided
that the custodian shall cause to be published in a newspaper of
general circulation in the city, not less than ten days before
such sale, a notice setting forth a description of each article to
be- sold, the time, date and place of sale, and that any person
who claims to be the owner of or claims any interest in any
article so described may appear at the department of public
safety before the time and date set for sale, to reclaim the same
upon presentation of satisfactory proof of identity and
ownership of such article.
(3) Such property which consists of jewelry, gems, watches,
precious metals or other property having a unique value,
including firearms, or which in the judgment of the director
may bring a higher price if sold on sealed bids, may, in the
discretion of the director, be sold either at public sale, as
heretofore provided, or to the highest bidder, after solicitation
of sealed bids from at least three reduiar dealers in the particular
type of property. No such sale shall be conducted until there
has been published in a newspaper of general circulation,
published in the city, a notice setting forth a description of each
article to be sold, the time, date and place of bid opening, and
that any person who claims to be the owner of or claims any
interest in any article so described may appear at the
department of public safety before the time and date set for
opening of such bids to reclaim the same upon presentation of
satisfactory proof of identity and ownership. Any person
desiring to submit a sealed bid may do so, and such bids shall be
239 (Lakewood 7.15-74)
ORDINANCE NO. 209 - Page 9
CUSTODY OF LOST, STOLEN PROPERTY
opened and the property sold to the highest bidder at the time
and place specified in such notice, provided, however, that the
right to reject any and all bids shall be reserved, and any and all
bids may be rejected if deemed too low, or for any other
reason. Sales of firearms shall be made only to properly licensed
dealers.
(4) Whenever any property is retained by the city as
provided for in this section, it shall be added to the city's
capital assets inventory which shall also indicate the location of
the assigned property and the designated use thereof. (Ord.
0-74-1 § 1 (part), 1974).
9.02.070 RECLAIMING PROPERTY. All such property
may be reclaimed by the lawful owner, upon proof of identity
and ownership satisfactory to the director, or his designee, if
claimed before donation or sale thereof. (Ord. 0-74-1 § 1 (part),
1974).
9.02.080 FAILURE TO CLAIM PROPERTY. Failure to
make claim of ownership within the time limits prescribed in
this chapter, and before sale or donation of any article, shall
forever bar the owner or any person claiming ownership by,
through or under the owner from making any subsequent claim
of ownership. (Ord. 0-74-1 § 1 (part), 1974).
9.02.090 READVERTISEMENT. If any property is
advertised for sale or donation as in this chapter, but is not sold
or donated according to the advertisement, the same may again
be advertised for sale or donation according to the provisions of
this chapter, and sold or donated accordingly. (Ord. 0-74-1 § 1
(part), 1974).
9.02.100 DESTRUCTION OF PROPERTY AFTER SALE.
If any property has been twice advertised for sale or donation,
240 (Lakewood 7-15-74)
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CUSTODY OF LOST, STOLEN PROPERTY
the same may be destroyed, donated, kept or used by the city,
without further notice, if claim of ownership is not made within
the time limit prescribed in the second such notice, and the
owner or any person claiming ownership by, through or under
the owner shall thereafter be barred from making any claim of
ownership to such property. (Ord. 0-74-1 § I (part), 1974).
9.0^_.1 10 PROCEEDS OF SALE. All proceeds of sale shall
be paid to the City Treasurer, who shall deposit the same in the
general fund of the city. (Ord. 0-74-1 § 1 (part), 1974).
9.021.120 EXCEPTIONS GENERALLY. Notwithstanding
the foregoing provisions, objects and articles of property as
described in Sections 9.02 130 and 9 02.140 may be kept, held
or disposed of as hereinafter provided, without compliance with
the provisions of Sections 9.02.040 through 9.02.110 relating
to donation or sale. (Ord. 0-74-1 § 1 (part), 1974).
9.02.130 FIREARMS Unless ordered to the contrary by a
court of competent jurisdiction, or otherwise required by state
or national law, firearms and other weapons which may not
lawfully be kept, possessed or retained by the owner or person
otherwise entitled to the possession thereof, or which may not
otherwise lawfully be returned to the owner thereof, or which
are unclaimed after notice to the owner pursuant to Section
9.02.050, or the owner of which is not known, may be kept and
retained by the department of public safety for use in its
training programs or otherwise, or may be donated to museums
or historical societies as the director may order for purposes of
historical preservation. If the firearms or weapons are declared
surplus by the department of public safety, disposition of the
same may be made as otherwise provided in this chapter.
Whenever such firearms or weapons are retained by the
department of public safety or the city for use in its training
241 (Lakewood 7-15-74)
ORDINANCE NO. 209 - Page 10
CUSTODY OF LOST, STOLEN PROPERTY
programs or otherwise, the items shall be accounted for in
accordance with the provisions of Section 9.02.060(4). (Ord.
0-74-1 § 1 (part), 1974).
9.02.140 DESTRUCTION OF CERTAIN PROPERTY. If
the property consists of burglar tools of any description, or
unlawful firearms, or cartridges, or explosives, or armored or
bullet-proof clothing, or other dangerous weapons, or gambling
apparatus, or instruments, articles or medicines for the purpose
of inducing abortion or preventing conception, beer, wine,
spirituous liquors or fermented malt beverages, or soiled,
bloody or unsanitary clothing, or solids or liquids of unknown
or uncertain composition, or drugs, or hallucinogenic
substances, or hypodermic syringes and needles, obscene
pictures, prints, effigies, statues, or any poisonous, noxious or
deleterious solids or liquids, or any other property which
reasonably might result in injury to the health or safety of the
public, or be subject to unlawful use, the director, or his
desipee, may destroy each and every article of any such nature.
(Ord. 0-74-1 § 1 (part), 1974). 1,.
9.02.150 SPECIFIC EXCEPTIONS. Motor vehicles, lost or
stray animals and other property which is required to be
disposed of otherwise than as provided in this chapter, by the
terms of any law or ordinance, shall not be disposed of
according to the terms of this chapter. (Ord. 0-74-1 § I (part),
1974).
9.02.160 ADMINISTRATIVE SERVICES. The director of
administrative services, or his designee, shall conduct all sales
made pursuant to the terms of this chapter. (Ord. 0-74-1 § 1
(part), 1974).
9.02.170 EXCEPTION - RIGH'T'S OF FINDER.
242 (Lakewood 7-15-74)
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FALSE REPORTING TO AUTHORITIES
Notwithstanding any other provision of this chapter, whenever
any item of lost or abandoned property has been found and
delivered to the custodian or one of his subordinates for care,
custody and control, such item shall be returned to the original
finder whenever claim has been made by the finder and the
following conditions have been met-
(1) The claimant is the person who originally found the lost
or abandoned property;
(2) The claimant, after surrendering the property to the
custodian, has served written notice of his intention to make a
claim on that item within sixty days of the surrender of the
item;
(3) The lost or abandoned property has remained unclaimed
by the owner or person having a right to the property for sixty
days after surrender of the same to the custodian;
(4) The lost or abandoned property is not stolen or
confiscated property, nor property held under the exceptions
outlined in Sections 9.02.120 through 9 02 150, nor property
held as evidence pursuant to Section 9.02.030. (Ord. 0-74-1 § I
(part), 1974).
Chapter 9.06
FALSE REPORTING TO AUTHORITIES*
Sections:
9.06.010 False reporting to authorities.
9.06.010 FALSE REPORTING TO AUTHORITIES. (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
*For statutory provisions regarding giving false fue alarms, see C.R.S. § 89-6-44.
243 (Lakewood 7-15-74)
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ORDINANCE NO. 209 - Page 11
IMPERSONATING OFFICERS AND EMPLOYEES
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 purposes of this subsection, fire
department means any fire protection district or fire-fighting
agency of the state, county or municipality, 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) He knows that no such offense or other incident has
occurred; or
(2) He knows the information is false or that he has no such
information.
(c) 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. (Ord. 0-74-1 § 1 (part), 1974)
Chapter 9.08
IMPERSONATING OFFICERS
AND EMPLOYEES*
Sections:
9.08.010 Unlawful to impersonate police officer.
9.08.020 Counterfeit insignias.
9.08.030 Impersonating city officers and employees
unlawful.
'For statutory provisions regarding impersonating peace officers, see C-R-S. §
99-2-3, for provisions regarding false impersonation genzrally, see C.P,.S. Art.
40-17.
244 (Lakewood 7-15-74)
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IMPERSONATING OFFICERS AND EMPLOYEES
9.08.010 UNLAWFUL TO IMPERSONATE POLICE
OFFICER. (a) It is unlawful for any person other than a police
officer of the city to wear the insignia of office of a police
officer of the city or any other insignia of office like or similar
to or a colorable imitation of that adopted and worn by the
police officers of the city.
(b) It is unlawful for any person other than a police officer
of the city to in any manner represent himself to another as a
police officer of the city. (Ord. 0-74-1 § I (part), 1974).
9.08.020 COUNTERFEIT INSIGNIAS. It is unlawful for
any person to counterfeit, imitate, or cause to be counterfeited,
imitated or colorably imitated, the badge or insignia of office
used by the department of public safety of the city. (Ord.
0-74-1 § 1 (part), 1974).
9.08.030 IMPERSONATING CITY OFFICERS AND
EMPLOYEES UNLAWFUL. (a) It is unlawful for any person
other than a city officer or city employee to wilfully or
fraudulently represent himself to be a city officer or an
employee of the city.
(b) It is unlawful for any person to purport to perform the
duties of any city officer or employee when he is not an
authorized officer or employee of the city. (Ord. 0-74-1 § 1
(part), 1974).
245 (Lakewood 7-15-74)
ORDINANCE NO. 209 - Page 12
INTERFERING WITH PUBLIC OFFICERS
Chapter 9.10
Sections:
9.10.010
9.10.020
9.10.030
9.10.040
INTERFERING WITH PUBLIC
OFFICERS"
Impeding police, firemen or other officials
by vehicle at scene of disaster.
Interference with police officers, firemen,
city employees and public officials in the
performance of their duties.
Resisting arrest-Escaping-Rescuing a
prisoner.
Disobeying an order of a police officer or
fireman-Refusing to aid a police officer.
9.10.010 IMPEDING POLICE, FIREMEN OR OTHER
OFFICIALS BY VEHICLE AT SCENE OF DISASTER. 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 in such a manner 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 when
ordered to do so by a police officer, fireman, emergency
personnel or military personnel in the performance of their
duties in coping with such fire, exr•iosion, traffic accident, riot
or impending riot, cther disaster or investigation. (Ord. 0-74-1 §
1 (part), 1974).
9.10.020 INTERFERENCE WITH POLICE OFFICERS,
'For statutory provisions regarding resisting officers, see C.R.S. 40-7-17, for
provisions regarding aiding the escape of prisoners, see C.R.S. 40-7-27 and 40-7-31,
for provisions regarding rescuing prisoners, see C.R.S. 40-7-20, 40-7-21 and
40-7-29.
246 (Lakewood 7.15-74)
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INTERFERING WITH PUBLIC OFFICERS
FIREMEN, CITY EMPLOYEES AND PUBLIC OFFICIALS IN
THE PERFORMANCE OF THEIR DUTIES. (a) It is unlawful
for any person to knowingly resist, interfere with or impede or
obstruct any police officer, fireman, city employee or other
public official who is attempting to discharge or in the course of
discharging an official duty.
(b) It is unlawful for any person to threaten violence,
reprisal or any other injurious act to any police officer, fireman,
city employee or other public official who is engaged in the
performance or attempted performance of his official duties or
to make such a threat by reason or on account of the
performance or attempted performance of his official duties.
(Ord. 0-74-1 § I (part), 1974).
9.10.030 RESISTING ARREST - ESCAPING -
RESCUING A PRISONER. (a) It is unlawful for any person to
prevent or attempt to prevent a police officer, acting under
color of his official authority, from effecting an 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 office.
(b) "Police officer," as used in this section, means any
person defined as a peace officer by 40-1-1001, C.R.S 1963 (as
amended or as may be hereafter amended), who is in uniform or
who has displayed his credentials to the person whose arrest is
attempted. "Uniform," as used herein, refers to the dress or
apparel and insignia required to be worn by agents of the
department of public, safety of the city, pursuant to the order
or direction of the director of public safety, and intended as a
means of identifying the police officers and agents of the
Lakewood department of public safety.
(c) A police officer is "acting under color of his official
authority" when in the course of his duties he is called upon to
make or does in fact make a good faith judgment based on
247 (La)cewood 7.15-74)
ORDINANCE NO. 209 - Page 13
INTERFERING WITH PUBLIC OFFICERS
sunounding 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 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 from or in any manner aid another, who is in the
custody of a police agent, 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 to do so; provided, however,
the provisions of this section shall not apply whenever the
escapee is being held on account of a felony or charged with or
held for any felony. (Ord. 0-74-1 § I (part), 1974).
9.10.040 DISOBEYING AN ORDER OF A POLICE
OFFICER OR FIREMAN - REFUSING TO AID A POLICE
OFFICER. (a) It is unlawful for any person to knowingly
disobey the lawful or reasonable order of any police officer, ~M
fireman, emergency personnel or military personnel given
incident to the discharge of the official duties of such police
officer or fireman, 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 as a police officer, he unreasonably
refuses to aid such police in coping with any emergency
situation. (Ord. 0-74-1 § 1 (part), 1974)
248 (Lakewood 7-15-74)
1`
4
LIMITATIONS ON USE OF CERTAIN EQUIPMENT
Chapter 9.12
LIMITATIONS ON USE OF
CERTAIN VEHICLES AND EQUIPMENT*
_j
Sections:
9.12.010 Designated.
9.12.020 Solicitation of towing business.
9.12.010 DESIGNATED. It is unlawful for any person to
drive, install, cause the installation to be made, or use upon any
motor vehicle any siren, exhaust whistle, or bell, or any red
lights visible from the front of a motor vehicle, or any red spot
light, except nothing in this chapter shall prevent the
possession, use or installation of such equipment on any city,
county, state or federal-owned vehicle. or any vehicle
authorized or permitted to have or use any such equipment by
the laws of this state, 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 municipal
ordinance (Ord. 0-74-1 § l (part), 1974).
9 12.020 SOLICITATION OF TOWING BUSINESS (a) It
is unlawful for any person or persons to drive or cause any tow
truck or vehicle equipped to previde towing service to be driven
to, or to stop or park any such -vehicle, or cause the same to be
stopped or parked, at or near, the scene of any fire, explosion,
traffic accident or other disaster, when such tow truck or
vehicle has not been called to the scene by the owner or
*For statutory provisions regarding unlawful use of equipment on vehicles, see
C.R.S. 13-2-7, for provisions regarding lighting equipment on vehicles, see C.R.S.
13-5-101, for provisions regarding hums and warning devices, see C.R.S. 13-5-104;
for provisions regarding emergency lighting equipment, see C.R.S. 13-5-110.
249 (Lakewood 7-15-74)
REPORTS TO PUBLIC OFFICIALS
operator of a damaged vehicle, or the owner of property
required to be towed from the scene, or by his duly authorized
agent or insurance carrier, or by an agent or representative of
the department of public safety of the city, or by a fireman or
other peace officer attending the scene.
(b) It is unlawful for any person or persons to solicit any
other person or persons at or near the scene of any fire,
explosion, traffic accident or other disaster, for the purpose of
procuring towing business, that is, for the purpose of securing
authorization or agreement from any person or persons at or
near such scene to tow or haul away any vehicle or other
personal property from any such scene, for hire. (Ord. 0-74-1 §
I (part), 1974).
Chapter 9.14
REPORTS TO PUBLIC OFFICIALS
Sections:
9.14.010 Physicians to report wounds.
9.14.010 PHYSICIANS TO REPORT WOUNDS. It shall be
the duty of every physician or surgeon practicing within the
city, who attends or has under his charge or care any patient or
other person suffering from any gunshot, puncture or cutting
wounds which appear to be a result of violence inflicted by
another, to report to the director of public safety the name of
such patient or other person and all facts pertaining to such case
within the knowledge of such physician or surgeon. (Ord.
0-74-1 § 1 (part), 1974).
250 (Lakewood 7-15-74)
4'e
r"
U
ORDINANCE NO. 209 _ Page 14
ASSAULT
11. OFFENSES AGAINST THE PERSON
Chapter 9.20
ASSAULT*
Sections:
9.20.010 Assault.
9.20020 Menacing-Without deadly weapon.
9.20.030 Intimidation.
9.20.040 Reckless endangerment.
9.20 010 ASSAULT (a) Intentionally - Without Deadly
Weapon. It is unlawful for any person to intentionally cause
bodily injury to another person, provided, however, 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) Recklessly. It is unlawful for any person to recklessly
cause bodily injury to another person, provided, however, that
this subsection shall not apply in the event of serious bodily
injury caused by means of a deadly weapon.
(c) Criminal Negligence - Deadly Weapon. It is unlawful for
any person with criminal negligence to cause bodily injury to
another person by means of a deadly weapon. (Ord. 0-74-1 § I
(part), 1974).
9.20.020 MENACING - WITHOUT DEADLY WEAPON.
It is unlawful for any person to intentionally place or attempt
to place another person in fear of imminent serious bodily
injury by any threat or physical action, provided, however, that
if such is with the use of a deadly weapon, then this section
*ror statutory provisions regarding essault, see C.R.S. 40-2-32, 40-2-33, 40.2-34
and 40-248.
251 (Lakewood 7-15-74)
ORDINANCE NO. 209 - Page 15
ABANDONED CONTAINERS
shall not apply. (Ord. 0-74-1 § I (part), 1974).
9.20.030 INTIMIDATION. It is unlawful for anyone
without legal authority to threaten to confine, restrain or cause
bodily harm to the threatened person of another, or to damage
the property or reputation of the threatened person of another
with intent thereby to induce the threatened person of another
against his will to do an act or refrain from doing a lawful act.
(Ord. 0-74-1 § I (part), 1974).
9.20.040 RECKLESS ENDANGERMENT. It is unlawful
for any person to recklessly engage in conduct which creates
substantial risk of serious bodily injury to another person. (Ord.
0-74-1 § 1 (part), 1974).
III. OFFENSES AGAINST PUBLIC
HEALTH AND SAFETY
r__
Chapter 9.26
ABANDONED CONTAINERS*
Sections:
9.26.010 Regulations generally.
9.26.010 REGULATIONS GENERALLY. (a) It is unlawful
for any person to discard, abandon or leave in any place
accessible to children any refrigerator, icebox, deep-freeze
locker, stove, oven, trunk or any self-latching container having a
capacity of one and one-half cubic feet or more, which is no
longer in use, and which has not had the door removed or the
*For statutory provisions making it unlawful to discard or abandon iceboxes and
similar items, see C.R.S. 4412-27
252 (Lakewood 7-15-74)
a
FLAMMABLE LIQUIDS
-.d
hinges and such portion of the latch mechanism removed as to
prevent latching or locking of the door, or for any owner, lessee
or manager to knowingly permit such a refrigerator, icebox,
deep-freeze locker, stove, oven, trunk or self-latching container
to remain on premises under his control without having the
door removed or the hinges and such portion of the latch
mechanism removed 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. (Ord. 0-74-1 § 1 (part), 1974).
Chapter 9.28
FLAMMABLE LIQUIDS*
Sections:
9.28.010 Storage or parking of tank vehicles.
9.28.010 STORAGE OR PARKING OF TANK
VEHICLES. It is unlawful to store or cause to be stored or
parked, except for unloading, any vehicle as defined in the
"traffic code" and used for the purpose of storage of flammable
*For statutory provisions authorizing cities to regulate the storage of flammable
liquids, see C.R.S. 139-32(54).
253 (Lakewood 7=15-74)
ORDINANCE NO, 209 _ Page 16
LITTERING AND DUMPING
liquids, gases, explosives or toxicants upon any streets or ways
or avenues of the city, or any other part of the city, except
those areas zoned for such uses. (Ord. 0-74-1 § 1 (part), 1974).
Chapter 9.30
LITTERING AND DUMPING*
Sections:
9.30.010 Dumping on private or public property.
9.30.020 Vehicles causing litter.
9.30.030 Storage of trash or garbage
9.30.040 Covered containers required.
9.30.050 Construction materials covered or secured. '
9.30.060 Snow or ice deposited
9.30.010 DUMPING ON PRIVATE OR PUBLIC
PROPERTY. (a) It is unlawful to place, deposit or dump, or
cause to be placed, deposited or dumped, any offal composed F
of animal or vegetable substance, any dead animal, excrement,
garbage, sewage, trash, debris, rocks or dirt, scrap construction
materials, nails, mud, snow or ice, waste fuel, oil or other
petroleum-based products, paint, chemicals or other waste,
whether liquid or solid, or dangerous materials that may cause a
traffic hazard in or upon any public or private highway or road,
including the right-of-way thereof, or to place, deposit or dump
such materials in or upon any public grounds or upon any
private property without consent of the owner, save and except
property designated or set aside for such purposes. Such
*For statutory provisions regarding the State Litter Control Act, see C.R.S.
40-18-44 - 40-18-51, for provisions regarding durnping trash on public property,
see C.R.S. 40-18-11, for provisions regarding dumping trash on private property,
see C.R.S. 40-1840.
254 (Lakewood 7-15-74)
b,
A
LITTERING AND DUMPING
dumping upon any private property not zoned or designated by
a visible sign or signs for dumping purposes shall be prima facie
evidence of the lack of consent to such dumping by the owner
of such property.
(b) It is an affirmative defense to any charges brought under
this chapter that the owner of the property upon which the
waste material is placed has given his consent to the placement,
depositing or dumping, provided that the placement, depositing
or dumping is not in violation of any other ordinance or code
provision of this city. (Ord. 0-74-1 § I (part), 1974).
9.30.020 VEHICLES CAUSING LITTER. (a) It is unlawful
for any person to drive or move any truck or other vehicle
within this city, unless such vehicle is loaded or covered so as to
prevent any load, contents or litter from being blown or
deposited upon any street, alley or other public place.
(b) Garbage Transport Vehicles. It is unlawful for any person
to operate or cause to be operated on any highway or public
way in the city any truck or vehicle transporting manure,
garbage, trash, swill or offal unless such truck or vehicle is fitted
with a substantial tight box or other container thereon so that
no portion of such matter will be thrown or fall upon the
highway or public way. (Ord. 0-74-1 § I (part), 1974).
9.30 030 STORAGE OF TRASH OR GARBAGE. Persons
storing or placing trash, garbage, scrap construction materials,
refuse, debris or waste of any nature whatsoever in any
receptacle shall do so in such a manner as to prevent the trash,
garbage, scrap construction materials, refuse, debris or waste
from being carried or deposited by the elements upon any
street, sidewalk or other public place or upon private property.
(Ord. 0-74-1 § I (part), 1974).
9.30.040 COVERED CONTAINERS REQUIRED. (a) No
255 (Lakewood 7-15-74)
ORDINANCE NO. 209 - Page 17
LITTERING AND DUMPING
person shall keep or store any trash, garbage, refuse, debris or
waste of any nature that may cause a health or sanitation
hazard by reason of being blown or scattered about by wind,
children or animals or by reason of being exposed to insects or
the elements, unless such trash, garbage, refuse, debris or waste
is kept or stored in a covered or tightly-closed container or
tightly-closed weatherproof sack or inside a building.
(b) No person shall keep or store any waste or discarded
paper or paper products, scrap construction materials or waste
or debris unless such waste or discarded paper or paper
products, scrap construction materials or other waste or debris
is covered, secured or in some manner protected so as to
prevent such materials or waste from being blown or scattered
about by wind. (Ord. 0-74-1 § 1 (part), 1974).
9.30.050 CONSTRUCTION MATERIALS COVERED OR
SECURED. No person shall keep or store any construction
materials unless such materials are covered or secured or in
some manner protected so as to prevent such materials from
being blown, scattered about or otherwise moved by wind,
water or other natural causes. (Ord. 0-74-1 § 1 (part), 1974)
9.30.060 SNOW OR ICE DEPOSITED. No person shall
deposit or cause any snow or ice to be deposited on or against
any fire hydrant or traffic signal control device or
appurtenance, nor shall any person deposit or cause to be
deposited accumulations of snow or ice upon or adjacent to any
sidewalk, street or roadway or loading and unloading area of a
public transportation system, or any designated emergency
access lane, such as may retard or in any way interfere with the
safe and orderly flow of pedestrian or vehicular traffic by
obstructing the view of such traffic on intersecting streets or
drives or by any other means, or in any way obstruct or impede
street or roadway drainage. (Ord. 0-74-1 § 1 (part), 1974).
256 (Lakewood 7-15-74)
V
I
PARK REGULATIONS
Chapter 9.32
Sections:
9.32.010
9.32.020
9.32.030
9.32.040
9.32.050
9-32.060
PARK REGULATIONS*
Applicability.
Park defined.
Swimming or wading in public parks.
Swimming pool use.
Motor-powered watercraft.
Hours -Ext ension-Exceptions.
9.32.010 APPLICABILITY. This chapter applies to and
within all parks, parkways and recreational grounds within the
city, whether owned by or leased or under the control of the
city, any park or recreation district, or any governmental or
quasi-governmental or public corporation or entity. (Ord.
0-74-1 § I (part), 1974).
' 9.32.020 PARK DEFINED. As used in this chapter, a
"park" means any place for the resort of the, public for
recreation, but does not include any grounds or premises owned
by any person, corporation or business entity where the public
is admitted for a charge made by such person, corporation or
entity for the purpose of private profit. (Ord. 0-74-1 § 1 (part),
1974).
9.32.030 SWIMMING OR WADING IN PUBLIC PAKKS. It
is unlawful for any person to enter, swim or wade in any lake,
stream, pond, irrigation ditch, reservoir or other body of water
in a park of this city unless the lake, stream, pond or other
body of water has been designated by the director of parks and
*For statutory provisions regarding municipal authority in the establishment and
regulation of the use of parks, see C.R.S. 139-32-1(20).
257 (Lakewood 7-15-74)
ORDINANCE NO. 209 - Page 18
PARK REGULATIONS
recreation as an area specifically set aside for swimming or
wading. The director of parks and recreation may designate
areas where persons may enter the bodies of water whenever he
finds that recreational interests may be served without
constituting a hazard to public safety, welfare, health and
sanitation. This section shall not apply to persons wading for
the purpose of fishing or launching a boat or to any rescue or
officially-sanctioned demonstration operations. (Ord. 0-74-1 § I
(part), 1974)
9.32.040 SWIMMING POOL USE. It is unlawful for any
person (other than a person authorized by the authority having
jurisdiction over a swimming pool) to enter in or upon any
enclosed area or enclosure in which a swimming pool is located
at any time or hour when the same is not open to the public.
(Ord. 0-74-1 § 1 (part), 1974).
9.32.050 MOTOR-POWERED WATERCRAFT. (a) It is
unlawful to bring into or operate any motor-powered watercraft
upon any water in any park, parkway or other recreational
facility within the city; provided, however, that this section will
not apply to any rescue or officially-sanctioned demonstration
operations.
(b) Each occupant of any nonmotor-powered watercraft
shall wear a Coast Guard approved lifejacket whenever the
watercraft is upon any waterway or body of water vrithin the
city. (Ord. 0-74-1 § 1 (part), 1974)
9.32.060 HOURS - EXTENSION - EXCEPTIONS. The
parks, parkways and recreational areas which are the subject of
this chapter, within this city, shall normally be opened daily to
the public from five a.m. until ten p.m., and no person who is
not an employee of the authority having jurisdiction over a
particular park, parkway or recreational area, or of the city,
258 (Lakewood 7-15-74)
V
q
SWIMMING REGULATIONS
acting in the scope of his employment, shall be or remain in any
such park, parkway or area at any other time; provided,
however:
(1) That the authority having jurisdiction over such park,
parkway or recreational ground may, by permit or
authorization first had or obtained, or by regulation duly
posted in the park, parkway or area affected, extend to a later
hour the nighttime closing hour with respect to particular areas,
or parks, parkways or recreational grounds, and with respect to
particular recreational activities in such parks, parkways or
areas, and
(2) Nothing contained in this chapter shall prevent or make
unlawful the conduct of or attendance at a nighttime athletic
event or activity in areas set aside and lighted for such events or
activities by or with the permission of the authority having
jurisdiction of such park, parkway or recreational ground. (Ord.
0-74-1 § 1 (part), 1974).
Chapter 9.33
SWIMMING REGULATIONS
Sections:
9.33.010 Swimming in other than established or
private pools.
9.33.020 Unlawful to swim or wade in irrigation
ditches.
9.33.010 SWIMMING IN OTHER THAN ESTABLISHED
OR PRIVATE POOLS. It is unlawful for any person to swim in
any lake, stream, pond, reservoir or other body of water
whether natural or man-made within this city, save and except
established or private swimming pools during the hours when
259 (Lakewood 7-15-74)
ORDINANCE NO. 209 - Page 19
POLLUTION
the same are regularly open to the public, or in areas of lakes or
bodies of water specifically set aside for swimming by the
authority having jurisdiction of the park, parkway, recreational
ground or area in which such lake or body of water is located,
during hours designated and authorized by such authority This
section shall not apply to any rescue or officially-sanctioned
demonstration operation. (Ord. 0-74-1 § 1 (part), 1974).
9.33 020 UNLAWFUL TO SWIM OR WADE IN
IRRIGATION DITCHES. It is unlawful for any person to swim
or wade in any irrigation ditch within the city. The provisions
of this section shall not apply to any rescue or
officially-sanctioned demonstration operations. (Ord. 0-74-1 § t
(part), 1974).
Chapter 9.34
POLLUTION*
Sections:
9.34.010 Depositing debris in streams and waters.
9.34.010 DEPOSITING DEBRIS IN STREAMS AND
WATERS. It is unlawful for any person to throw or deposit or
cause or permit to be thrown or deposited in any stream, storm
or sanitary sewer, ditch, pond, well, cistern, trough or other
body of water, whether artifically or naturally created, or so
near thereto as to be liable to pollute the water, any offal
composed of animal or vegetable substance or both, any dead
animal, sewage, excrement or garbage, trash or debris, any waste
'For statutory provisions regarding water pollution control, see C.R.S. Art. 66-28,
for provisions relating to the authority of cities in regard to water pollution
control, see C.R.S. 139-32-1(24).
260 (Lakewood 7-15-74)
r^-
to
WILDLIFE
fuel, oil or other petroleum-based products, paint, chemicals,
whether liquid or solid, scrap, construction materials or any
other materials that may cause the water to become
contaminated. (Ord. 0-741 § I (part), 1974).
Chapter 9.36
WILDLIFE
..f
,~..r
Sections:
9.36.010 Harassing, killing or injuring wildlife.
9.36.010 HARASSING, KILLING OR INJURING
WILDLIFE (a) It is unlawful for any person to willfully and
unnecessarily shoot, capture, harass, injure or destroy any wild
bird or animal or to attempt to shoot, capture, harass, injure or
destroy any such wild bird or animal anywhere within this city.
(b) No person shall willfully destroy., rob or disturb the nest,
nesting place, burrow, eggs or young of any wild bird or animal
anywhere within this city.
(c) Wild bird includes all undomesticated birds native to
North America and undomesticated garne birds implanted in
North America by governmental agencies and includes any
domestic duck or goose released by any private person or
recreational authority upon any recreational area within this
city.
(d) Wild animal includes any animal native to the state, but
does not include rattlesnakes, fish or any species of amphibians,
Norway rats and common house mice
(e) The provisions of this chapter do not apply to personnel
of any police, fire or animal control agency or the Colorado
Division of Wildlife or Department of Health or other state or
federal agency when such persons are acting within the scope of
261 (Lakewood 7-15-74)
ORDINANCE NO. 209 - Page 20
SOLICITATION OF DRINKS
their official duties as employees of said agencies.
(f) The provisions of this section are not intended to allow
the destruction of any bird or animal protected by the laws of
the state or the United States of America. (Ord. 0-74-1 § 1
(part), 1974).
IV. OFFENSES AGAINST PUBLIC
DECENCY
Chapter 9.40
SOLICITATION OF DRINKS
Sections:
9.40.010 Unlawful.
9.40.010 UNLAWFUL. (a) 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.
(b) It is unlawful for the proprietor or operator or person in
charge of any such establishment to 'Knowingly permit or allow
the presence in such establishment of any person who violates
the provisions of this section. (Ord 0-74-1 § 1 (part), 1974).
262 (Lakewood 7-15-741
V
DISORDERLY CONDUCT
V. OFFENSES AGAINST
PUBLIC PEACE
Chapter 9.50
DISORDERLY CONDUCT*
s
Sections:
9.50.010
Disorderly conduct-Unlawful.
9.50.020
Disrupting lawful assembly.
9.50.030
Loitering.
9.50.040
Harassment.
9.50.050
Interference with staff, faculty or
students of educational institutions.
9.50060
Public buildings-Trespass, interference-
Penalty.
9.50.010 DISORDERLY CONDUCT -UNLAWFUL. (a) It
is unlawful for any person to intentionally, knowingly or
recklessly:
(1) Make a coarse and obviously offensive utterance, gesture
or display in a public place when such utterance, gesture or
display causes injury- or tends to invite an immediate breach of
the peace,
(2) Abuse or threaten a person in a public place in an
obviously offensive manner, or
(3) Fight with another in a public place except as a
participant in a sporting event.
(b) It is an affirmative defense to prosecution tender
subdivision (2) of subsection (a) of this section where the actor
*For statutory provisions relating to offenses against the public peace generally, see
C.R.S. 40-8, for provisions authorizing cities to prevent disorderly conduct, see
C.R.S. 139-32-1(53), for provisions authorizing cities to prevent and suppress riots,
routs, noises, etc., see C.R.S. 139-32-1(55).
263 (Lakewood 7-15-74)
ORDINANCE NO. 209 - Page 21
DISORDERLY CONDUCT
has significant provocation for his abusive or threatening
conduct. (Ord. 0-74-1 § 1 (part), 1974).
9.50.020 DISRUPTING LAWFUL ASSEMBLY. It is
unlawful for any person to disrupt a lawful assembly if, with
the intent to prevbnt or disrupt any lawful meeting, procession
or gathering, he significantly obstructs or interferes with the
meeting, procession or gathering by physical action, verbal
utterances or any other means. (Ord. 0-74-1 § 1 (part), 1974)
9.50.030 LOITERING. (a) "Loiter" means to be dilatory,
to stand idly around, to linger, to lie or wander about, to
remain, abide or tarry in a public place.
. (b) It is unlawful for any person to loiter in or about a
school building or grounds, not having reason or relationship
involving custody of, or responsibility for, a pupil or any other
specific, legitimate reason for being there, and not having
written permission from a school administrator.
(c) Lawful acts in the course of lawful assembly as a part of
peaceful and orderly petition for the redress of grievances,
either in the course of labor disputes, or otherwise, shall not be
held to be in violation of this section. (Ord. 0-74-1 § 1 (part),
1974).
9.50.040 HARASSMENT. It is unlawful for any person,
with intent to harass, annoy or alarm another person, to,
(1) Strike, shove, kick or otherwise touch a person or subject
him to physical conduct, or
(2) In a public place, direct obscene language or make an
obscene gesture to or at another person where such language or
gesture causes injury or tends to invite an immediate breach of
the peace; or
(3) Follow a person in or about a public place or places, or
(4) Engage in conduct or repeatedly commit acts that alarm
264 (Lakewood 7-15--4)
t,
14
DISORDERLY CONDUCT
or seriously annoy another person and that serve no legitimate
purpose, or
(5) Communicate with a person, anonymously or otherwise,
by telephone, telegraph, mail or any other form of
communication, in a manner likely to harass or cause alarm; or
(6) Make a telephone call or cause a telephone to ring
repeatedly, whether or not a conversation ensues, with no
purpose of legitimate conversation, or
(7) Make repeated communications at inconvenient hours or
in offensively course language; or
(8) Repeatedly insult, taunt or challenge another in a
manner likely to provoke a violent or disorderly response. (Ord.
0-74-1 § I (part), 1974).
9.50 050 INTERFERENCE WITH STAFF, FACULTY OR
STUDENTS OF EDUCATIONAL INSTITUTIONS. (a) It is
unlawful for any person, on or near the premises or facilities of
any educational institution, to willfully deny to students,
school officials, employees and invitees.
(1) Lawful freedom of movement on the premises; or
(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, to willfully impede
the staff or faculty of such institution in the lawful
performance of their duties, or willfully impede a student of
such institution in the lawful pursuit of his 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 to willfully refuse or fail to
leave the property of, or any building or other facility used by,
265 (Lakewood 7-15-74)
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DISORDERLY CONDUCT
any educational institution upon being requested to do so by
the chief administrative officer, his 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. (Ord. 0-74-1 $ I
(part), 1974).
9.50.060 PUBLIC BUILDINGS - TRESPASS,
INTERFERENCE - PENALTY. (a) It is unlawful for any
person to so conduct himself at or in any public building
owned, operated or controlled by the city, the state or any of
its political subdivisions, as to willfully deny to any public 1,..
official, public employee or any invitee on such premises, the
lawful rights of such official, employee or invitee to enter, use
the facilities of, or to leave, any such public building.
(b) It is unlawful for any person, at or in any such public
building, to willfully impede any public official or employee in
the lawful performance of duties or activities through the use of
restraint, coercion or intimidation, or by force and violence or
threat thereof.
(c) It is unlawful for any person to willfully refuse or fail to
leave any such public building upon being requested to do so by
the chief administrative officer, or designee, charged with
maintaining order in such public building, if such person has
committed, is committing, threatens to commit or incites others
to commit any act which did, or would if completed, disrupt,
266 (Lakewood 7-15-74)
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impair, interfere with or obstruct the lawful missions, processes,
procedures or functions being carried on in such public
building.
(d) It is unlawful for any person, at any meeting or session
conducted by any judicial, legislative or administrative body or
official at, or in, any public building, to 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 such
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 of such meeting or session.
(e) It is unlawful for any person, by any act of intrusion into
the chamber or other areas designated for the use of any
executive body or official act, or in any public building, to
willfully impede, disrupt or hinder the normal proceedings of
such body or official. (Ord. 0-74-1 § 1 (part), 1974)
Chapter 9.52
NOISE*
Sections:
1. Short Title, Policy and General Definitions
9.52.010 Short title.
9.52.020 Declaration of policy.
9.52030 Definitions.
II. Prohibited Noise - General Prohibition
9.52.040 Unlawful to make.
9.52.050 Unlawful noises generally.
*For statutory previsions authorizing cities to prevent and suppress noise, see
C.R.S. 139-32-1(55).
267 (Lakewood 7-15-74)
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9.5 2.060
9.52.070
9.52.080
9.52.090
9.5 2.100
9.52.110
9.52.120
9.52.130
Bells and chimes.
Radios, television sets, phonographs and
similar devices.
Animals or birds.
Exhausts-Mufflers.
Defect in vehicle or load.
Quiet zone.
Dynamic braking devices.
Truck loading.
III.
Prohibited Noise Sound Level Standards
9.52.140
Acts and violation.
9.52.150
Maximum permissible sound pressure levels.
9.52.160
Construction activities.
9.52.170
Enclosed places of public entertainment.
9.52.180
Vehicle repairs or testing.
9.52.190
Machinery, equipment, fans and air conditioners.
9.52.200
Domestic power equipment.
9.52.210
Commercial power equipment.
IV. Amplified Sound
9.52.220
Amplified sound.
9.52.230
Permit information.
9.52.240
Permit issuance.
9.52.250
Regulation governing sound amplifying
equipment.
1. Short Title, Policy and General Definitions
9.52.010 SHORT TITLE. This chapter shall be known as
the Lakewood noise control ordinance. (Ord. 0-74-1 § 1 (part),
1974).
9.52.020 DECLARATION OF POLICY. It is declared that
268 (Lakewood 7-15-74)
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.J
at certain levels, noise is detrimental to public health, comfort,
convenience, safety and welfare of the citizens of the city. This
chapter is enacted to protect, preserve and promote the health,
welfare, peace and quiet of the citizens of Lakewood through
the reduction, prohibition and regulation of noise. It is the
intent of this chapter to establish and provide for sound levels
that will eliminate unnecessary and excessive noise, reduce
traffic and community noise, and establish noise standards and
sound levels that will promote a comfortable enjoyment of life,
property and conduct of business, and prevent sound levels
which are physically harmful and detrimental to individuals and
the community. (Ord. 0-74-1 § I (part), 1974).
9.52.030 DEFINITIONS. The following definitions shall
apply in the interpretation and enforcement of this chapter.
(1) " `A' weighted sound pressure level" means the sound
pressure level as measured with the sound level meter using the
"A" weighting network. The standard unit notation is dB(A)
(2) "Commercial district" means the following (A) An area
where offices, clinics and the facilities needed to serve them are
located, (B) an area with local shopping and service
establishments; (C) a tourist-oriented area where hotels, motels
and gasoline stations are located, (D) a business strip along a
main street containing offices, retail businesses and commercial
enterprises; (E) other commercial enterprises and activities
which do not involve the manufacturing, processing or
fabrication of any commodity "Commercial district" includes,
but is not limited to, any parcel of land zoned as a restricted
commercial-one district, a restricted-commercial district, a
commercial-one district or a commercial-two district under the
zoning ordinance of the city.
(3) "Commercial purpose" means and includes the use,
operation or maintenance of any sound amplifying equipment,
for the purpose of advertising any business, any goods or any
services, or for the purpose of attracting the attention of the
269 (Lakewood 7-15-74)
ORDINANCE NO. 209 - Page 24
NOISE
public to or advertising for or soliciting the patronage of
customers to or for any performance, show, entertainment,
exhibition or event, or for the purpose of demonstrating any
such sound equipment.
(4) "Construction activities" means any and all activity
incidental to the erection, demolition, assembling, altering,
installing or equipping of buildings, structures, roads or
appurtenances thereto, including land clearing, grading,
excavating and filling.
(5) "Continuous noise" means a steady, fluctuating or
impulsive noise which exists, essentially without interruption,
for a period of ten minutes or more, with an accumulation of an
hour or more over a period of eight hours.
(6) "Device" means any mechanism which is intended to
produce or which actually produces sound when operated or
handled.
w..
(7) "Dynamic braking device" means a device used primarily
on trucks for the conversion of the motor from an internal
combustion engine to an air compressor for the purpose of
braking without the use of wheel brakes.
(8) "Emergency work" is work made necessary to restore
property to a safe condition following a public calamity, or
work required to protect persons or property from an imminent
exposure to danger or potential danger.
(9) "Fluctuating noise" means the sound pressure level of a
fluctuating noise varies more than six dB(A) during the period
of observation when measured with the slow meter
characteristic of a sound level meter.
(10) "Impulsive noise" means a noise containing excursions
usually less than one second and varies more than twenty dB(A)
during the period of observation when measured with the fast
meter characteristic of a sound level meter.
(11) "Industrial district" means an area in which enterprises
and activities which involve the manufacturing, processing or
270 (Lakewood 7-15-74)
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fabrication of any commodity are located "Industrial district"
includes, but is not limited to, any parcel of land zoned as an
industrial trade-one district, an industrial trade-two district, an
industrial trade-three district or an industrial trade-four district
under the zoning ordinance of the city.
(12) "Motor vehicle" means any vehicle such as, but not
limited to, a passenger vehicle, truck, truck-trailer, trailer or
semitrailer propelled or drawn by mechanical power, and
includes motorcycles, snowmobiles, minibikes, go-carts and any
other vehicle which is self-propelled.
(13) "Muffler" means an apparatus consisting of a series of
chambers or baffle plates designed for the purpose of
transmitting gases while reducing sound emanating from such
apparatus.
(14) "Noncommercial purpose" means the use, operation or
maintenance of any sound amplifying equipment for other than
a commercial purpose. "Noncommercial purpose" means and
includes, but is not limited to, philanthropic, political, patriotic
and charitable purposes.
(15) "Plainly audible" means that the information content
of sound is unambiguously transferred to the auditor, such as,
but not limited to, understanding, of spoken speech,
comprehension of raised or normal voices, or comprehension of
musical rhythms.
(16) "Residential district" means an area of single or
multiple-family dwellings and includes areas where multiple unit
dweliings, high-rise apartments and high density residential
districts are located. "Residential district" also includes, but is
not limited to, hospitals, nursing homes, homes for the aged,
schools, courts and similar institutional facilities. "Residential
district" includes, but is not limited to, land zoned as a
residential one district, a residential one-A district, a residential
one-B district, a residential two district, a residential three-A
district, a residential three district, a residential four district or a
271 (Lakewood 7-15.74)
ORDINANCE NO. 209 - Page 25
NOISE
residential trailer district under the zoning ordinance of the
city.
(17) "Sound amplifying equipment" means any machine or
device for the amplification of a human voice, music or any
other sound, or by which the human voice, music or any other
sound is amplified.
(18) "Sound level meter" means an instrument or apparatus
including a microphone, an amplifier, an output meter and
weighting networks for the measurement of sound pressure. The
output meter reads sound pressure level when properly
calibrated, and the instrument is of type 2 or better, as specified
in the American National Standards Institute Publication
51.4-1971, or successor publications.
(19) "Sound pressure level" means twenty times the
logarithm to the base ten of the ratio of the root mean square
pressure of a sound to the reference pressure, which is 20 x 10-'
Newtons per meter squared.
(20) "Unnecessary noise" means any excessive or unusually
loud sound or any sound which disturbs the peace and quiet of
any neighborhood or which does annoy, disturb, injure or
endanger the comfort, repose, health, peace or safety of any
person, or causes damage to property or business.
(21) All technical terminology used in this section, unless
the context otherwise requires, shall be defined in accordance
with American National Standards Institute (ANSI) publication
51.1-1960, revised 1971, or successor publications of ANSI, or
its successor bodies. (Ord. 0-74-1 § 1 (part), 1974).
II. Prohibited Noise - General Prohibition
9.52.040 UNLAWFUL TO MAKE. It is unlawful for any
person to willfully make or continue, or cause to be made or
continued, any unnecessary noise within the city, as heard
without measurement or as heard and measured in the manner
272 (Lakewood 7-15-74)
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NOISE
prescribed in Section 9.52.150 (Ord. 0-74-1 § I (part), 1974).
9.52.050 UNLAWFUL NOISES GENERALLY. The
following acts, enumerated in Sections 9.52.060 through
9.52.130, are declared to cause unnecessary noises in violation
of this chapter; provided, however, that the following
enumeration is not in limitation of Section 9.52.040, and is not
exclusive. (Ord. 0-74-1 § I (part), 1974).
9.52.060 BELLS AND CHIMES It is unlawful for any
person to use, operate, cause or permit to be sounded any bell
or chime or any device for the production or reproduction of
the sounds of bells or chimes, from any church, clock or school,
between the hours of ten p m. of one day and seven a.m. of the
following day. (Ord. 0-74-1 § 1 (part), 1974).
9.52.070 RADIOS, TELEVISION SETS, PHONOGRAPHS
AND SIMILAR DEVICES. (a) Use Restricted. It is unlawful for
any person to use, operate or permit to be played any radio
receiving set, musical instrument, television, phonograph, drum
or other machine or device for the production or reproduction
of sound in such a manner as to cause to be made or continued
any unnecessary noise as heard without measurement or as
heard and measured in the manner prescribed in Section
9.5 2.150.
(b) Prima Facie Violation The operation of any such set,
instrument, television, phonograph, machine or device at any
time in such a manner as to be plainly audible at either the
property line or twenty-five feet, in the case of a vehicle on
public rights-of-way, shall be prima facie evidence of a violation
of this section.
(c) This section shall not apply to any person who is
participating in a school band or in a parade for which a permit
has been issued by the city. (Ord. 0-74-1 § 1 (part), 1974).
273 (Lakewood 7-15-74)
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NOISE
9.52.080 ANIMALS OR BIRDS No person shall keep or
maintain or permit the keeping of, on any premises owned,
occupied or controlled by such person, any animal or bird
otherwise permitted to be kept, which by frequent or habitual
howling, barking, meowing, squawking or other noise
unreasonably disturbs the peace and quiet of any neighborhood
or causes discomfort or annoyance to any person. (Ord. 0-74-1
§ 1 (part), 1974).
9.52.090 EXHAUSTS - MUFFLERS. No person shall
discharge into the open air the exhaust of any steam engine,
stationary internal combustion engine, air compressor
equipment, motorboat, motor vehicle or other power device,
which is not equipped with an adequate muffler in constant
operation and properly maintained to prevent any unnecessary
noise, and no such muffler or exhaust system shall be modified
or used with a cut-off, bypass or similar device. (Ord. 0-74-1 § I
(part), 1974).
9.52.100 DEFECT IN VEHICLE OR LOAD. It is unlawful
for any person to operate, or cause or permit to be operated or
used, any automobile, truck, motorcycle or other motor vehicle
so out of repair, so loaded or in such a manner as to cause to be
made or continued any unnecessary noise as heard without
measurement or as heard and measured in the manner
prescribed in Section 9.52.150 (Ord. 0-74-1 § 1 (part), 1974).
9.52.110 QUIET ZONE The creation of any unnecessary
noise is prohibited within the vicinity of any school, institution
of learning, church or court while the same is in use or session,
which unreasonably interferes with the workings of such
institution, or within the vicinity of any hospital, nursing home
or home for the aged, or which disturbs or unduly annoys
patients in the hospital or residents in the nursing home or
274 (Lakewood 7-15-74)
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home for the aged, provided conspicuous signs are displayed in
adjacent, surrounding or contiguous streets indicating that the
same is a school, hospital, nursing home, home for the aged,
church or court. (Ord. 0-74-1 § 1 (part), 1974).
9.52.120 DYNAMIC BRAKING DEVICES. No person shall
operate any motor vehicle with a dynamic braking device
engaged which is not properly muffled. (Ord. 0-74-1 § 1 (part),
1974).
9.52.130 TRUCK LOADING No person shall load any
garbage, trash or compactor truck, or any other truck, whereby
the loading, unloading or handling of boxes. crates, equipment
or other objects is conducted within a residential district nor
within three hundred feet of any hotel or motel between the
hours of ten p.m. and seven a.m. (Ord. 0-74-1 § 1 (part), 1974).
r
III. Prohibited Noise Sound Level Standards
9.52 140 ACTS AND VIOLATION Any act in violation of
Sections 9.52.150 through 9.52.210 is deemed to be in
violation of Section 9.52.040 witbout in any way limiting the
generality of the provisions of Section 9 52 040. (Ord 0-74-1
1 (part), 1974).
9.52.150 MAXIMUM PERMISSIBLE SOUND PRESSURE
LEVELS. The maximum permissible sound pressure levels of
any continuous source of sound shall be as herein established
for the time period and district listed in Table A of this section.
This includes, but is not limited to, sound from such activities
as production, processing, cleaning, servicing, testing, operating
or repairing either vehicles, materials, goods, products or
devices. Sound pressure levels in excess of those established for
the districts of the city, in times herewith listed, shall constitute
274-1 (Lakewood 7-15-74)
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prima facie evidence that such sound is an unnecessary noise.
Sound pressure levels shall be measured at the approximate
location of the property line or the boundary of the public way,
at a height of at least four feet above the immediate
surrounding surface, on a sound level meter of standard design
and operated on the "A" weighting network.
TABLE A
Sound Pressure Level Limit
dB(A)
Day Night
District 7 a.m. - 10 p.m. 10 p.m. - 7 a.m.
Residential 55 50
Commercial 60 55
Industrial 80 75
When a noise source can be identified and its noise measured in
more than one district, the sound pressure level limits of the
most restrictive district shall apply
The sound pressure level limits and provisions hereof
applicable to residential districts shall also apply to any parcel
of land zoned conservation district, under the zoning ordinance
of the city.
The sound pressure level limits and provisions hereof
applicable to commercial districts shall also apply to any parcel
of land zoned agricultural-one district or agricultural-two
district under the zoning ordinance of the city
The provisions of this section shall not apply to motor
vehicles operating on public rights-of-way; any bell or chime or
any device for the production or reproduction of the sound of
bells or chimes from any church, clock or school; the loading of
any truck; domestic power equipment except as provided in
Section 9.52.200; and commercial power equipment except as
provided in Section 9.52.210. (Ord. 0-74-1 § 1 (part), 1974).
274-2 (Lakewood 7-15-74)
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9.52.160 CONSTRUCTION ACTIVITIES. Except as
otherwise provided in this chapter, no person shall engage in,
cause or permit any person to be engaged in construction
activities in any residential or commercial district between the
hours of nine p.m. of one day and six a.m. of the following day.
Construction projects shall be subject to the maximum
permissible sound pressure level specified for industrial districts
for the periods within which construction is to be completed
pursuant to any applicable building permit.
Construction activities directly connected with the
abatement of an emergency are excluded from the provisions of
this section. (Ord. 0-74-1 § 1 (part), 1974).
9.52 170 ENCLOSED PLACES OF PUBLIC
ENTERTAINMENT. The operating or permitting to be
operated of any sound amplifying equipment or other noise
source in any enclosed place of public entertainment shall be
subject to the following provisions. When individuals are
subjected to sound levels and exposure durations exceeding
those shown in Table B, when measured on a sound level meter
of standard design and operated on the "A" weighting network,
feasible administrative or engineering controls shall be utilized
to protect against the effects of such noise exposure.
TABLE B
Duration per Day, Hours Sound Level dB(A) Slow Response
g
90
6
92
4
95
3
97
2
100
1-1 /2
102
1
105
1/2
110
1 /4 or less
115
274-3 (Lakewood 7-15-74)
ORDINANCE NO. 209 - Page 28
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(Ord. 0-74-1 § I (part), 1974).
9.52.180 VEHICLE REPAIRS OR TESTING, The
repairing, building, rebuilding or testing of any truck,
automobile, motorcycle or other motor vehicle within the city
shall be subject to the maximum permissible sound pressure
level for the district in which the source is located (Ord. 0-74-1
§ I (part), 1974),
9.52.190 MACHINERY, EQUIPMENT, FANS AND AIR
CONDITIONERS. Operating any machinery, equipment, pump,
fan, air-conditioning apparatus or similar mechanical device
within the city shall be subject to the maximum permissible
sound pressure level for the district in which the source is
located. (Ord. 0-74-1 § 1 (part), 1974).
9.52.200 DOMESTIC POWER EQUIPMENT. No person
shall operate or permit to be operated on private property or on
the public way within any residential or commercial district(s)
any power equipment rated five horsepower or less and used for
home or building repair or grounds maintenance between the
hours of ten p.m. of one day and seven a.m. of the next day or
operate or permit to be operated between the hours of seven
a.m. and ten p.m. any such power equipment which emits a
noise sound pressure level in excess of eighty decibels in the
"A" weighting network dB(A) Such power equipment shall
include, but not be limited to, lawn mowers, garden tools, snow
removal equipment, electric or chain saws or any other power
equipment used for home or building repair or grounds
maintenance. Sound pressure levels shall be measured at a
distance of at least twenty-five feet from the noise source. (Ord.
0-74-1 § 1 (part), 1974)
9.52.210 COMMERCIAL POWER EQUIPMENT No
274-4 (Lakewood 7-IS-7A)
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person shall operate on any property within a residential or
commercial district(s), or on any public way within a residential
or commercial district(s), any power equipment rated more
than five horsepower, excluding construction equipment used
for construction activities, such as, but not limited to, chain
saws, pavement breakers, log chippers, riding tractors, powered
hand tools, between the hours of ten p.m. of one day and seven
a.m. of the next day or within residential, commercial or
industrial noise districts between the hours of seven a.m. and
ten p.m. which emits a noise level in excess of eighty-eight
decibels, in the "A" weighting network dB(A) Sound pressure
levels shall be measured at a distance of at least twenty-five feet
from the noise source. (Ord. 0-74-1 § I (part), 1974).
IV. Amplified Sound
9.52.220 AMPLIFIED SOUND. (a) It is unlawful for any
person to install, use or operate a loudspeaker or sound
amplifying equipment in a fixed or movable position or
attached to or mounted upon any motor vehicle, within a
residential district of the city, for the purposes of giving
instructions, directions, talks, addresses or lectures, or for
transmitting music or sound to any persons or assemblages of
persons; provided, however, that a permit as described in
Section 9.52 230 may be applied for for activities such as, but
not limited to, concerts, speeches or lectures held in public
parks of the city.
(b) It is unlawful for any person to install, use or operate a
loudspeaker or sound amplifying equipment in a fixed or
movable position or attached to or mounted upon any motor
vehicle, within a commercial or industrial district of the city,
for the purposes of giving instructions, directions, talks,
addresses or lectures, or for transmitting music or sound to any
persons or assemblages of persons without first obtaining a
274-5 (Lakewood 7-15-74)
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permit from the city as described in Section 9 52.230.
(c) The provisions of this section shall not apply to
authorized emergency vehicles, as defined in Section 10.75 020
of this code, when such authorized emergency vehicles are
responding to an emergency call or when in pursuit of an actual
or a suspected violator of the law, or when responding to but
not upon returning from a fire alarm.
(d) The provisions of this section shall not apply to any bell
or chime or any device for the production or reproduction of
the sound of bells or chimes from any church, clock or school.
(Ord. 0-74-1 § 1 (part), 1974).
9.52.230 PERMIT INFORMATION An applicant for a
permit shall provide the following information
(1) The name, address and telephone number of both the r
owner and user of the sound amplifying equipment,
(2) The license number of the sound truck which is to be
used;
(3) The general description of the sound amplifying
equipment which is to be used, r
(4) Whether the sound amplifying equipment will be used
for commercial or noncommercial purposes, and
(5) The dates upon which and the streets over which the
equipment is proposed to be operated. (Ord 0-74-1 § 1 (part),
1974).
9.52.240 PERMIT ISSUANCE. The permit shall be issued
unless the City Clerk finds that the conditions of motor vehicle
movement or pedestrian movement are such that the use of the
equipment would constitute an unreasonable interference with
traffic safety, or that the applicant for the permit cannot or will
not comply with the provisions of Section 9.52.250 (Ord.
0-74-1 § 1 (part), 1974).
274-6 (Lakewood 7-15-74)
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A
INJURING OR DESTROYING PROPERTY
9.52.250 REGULATION GOVERNING SOUND
AMPLIFYING EQUIPMENT. The commercial and
noncommercial use of sound amplifying equipment shall be
subject to the following regulations,
(1) The sound amplifying equipment shall be operated only
between the hours of seven-thirty a.m. and six p.m. of each day.
(2) The maximum sound emanating from sound amplifying
equipment shall not exceed the sound pressure levels established
in Section 9.52.150 as measured at least twenty-five feet from
the noise source.
(3) In any event, the intensity of sound shall be so
controlled that it will not be unreasonably loud, raucous,
annoying, disturbing or a nuisance to any person or persons.
(4) The provisions of this section shall not apply to any bell
or chime or any device for the production or reproduction of
the sound of bells or chimes from any church, clock or school.
(Ord. 0-74-1 § 1 (part), 1974).
VI. OFFENSES AGAINST PROPERTY
Chapter 9.60
INJURING OR DESTROYING
PROPERTY*
Sections:
9.60.010
Unlawful-Exception.
9.60.020
Injury or removal of signs.
9.60.030
Destroying posters.
9.60.040
Lug wheels and treaded vehicles prohibited.
*For statutory provisions relating to destruction or damaging property of another,
we C.R.S. 40-18-1.
274-7 (Lakewood 7-15-74)
ORDINANCE NO. 209 - Page 30
INJURING OR DESTROYING PROPERTY
9.60 010 UNLAWFUL - EXCEPTION. It is unlawful for
any person to intentionally injure, damage or destroy the real or
personal property of another, provided, however, 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
aggregate damage to such real or personal property is one
hundred dollars or more or where the damage is effected by
means of fire or explosives with the intent to defraud. (Ord.
0-74-1 § 1 (part), 1974).
9.60.020 INJURY OR REMOVAL OF SIGNS. It is
unlawful for any unauthorized person to willfully remove, 1..:
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. It is further provided that this section
shall not apply where the aggregate damage to such street sign
or traffic control or warning device is one hundred dollars or
more. (Ord. 0-74-1 § I (part), 1974).
9.60.030 DESTROYING POSTERS. It is unlawful for any
person to intentionally tear down, deface or cover up any
lawfully posted advertisement or bill of any person, firm,
corporation or entity; provided, however, that this section shall
not apply to any person showing the lawful right or authority
to tear down, deface or cover up any such advertisement or bill.
(Ord. 0-74-1 § 1 (part), 1974).
9.60.040 LUG WHEELS AND TREADED VEHICLES
PROHIBITED. It is unlawful for any vehicles equipped with
treads and/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
274-8 (Lakewood 7-15-74)
V
.4
OBSTRUCTING TRAFFIC
be construed to prohibit the use of studded snow tires. (Ord.
0-74-1 § 1 (part), 1974).
Chapter 9.62
OBSTRUCTING TRAFFIC*
Sections:
9.62.010 Obstructing traffic.
9.62.020 Parking in private driveways or on private
property.
9.62.010 OBSTRUCTING TRAFFIC. It is unlawful for any
person to willfully, maliciously or reckless place in any doorway
or driveway not owned by him or under his lawful control, or
on any sidewalk, public highway, street or alley in the city, any
item, article or object which causes or tends to cause the
obstruction thereof or any part thereof. (Ord. 0-74-1 § 1 (part),
1974).
9 62 020 PARKING IN PRIVATE DRIVEWAYS OR ON
PRIVATE PROPERTY. It is unlawful for any person to park or
stand a vehicle, whether such vehicle is occupied or not,
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. (Ord. 0-74-1 § 1 (part), 1974)
'For statutory provisions regarding the authority of cities to regulate the use of
streets and sidewalks, see C.R.S. 139-32-1(20).
274-9 (Lakewood 7-15-74)
ORDINANCE NO. 209 - Page 31
SHOPLIFTING
Chapter 9.64
SHOPLIFTING*
Sections:
9.64.010 Shoplifting-Unlawful.
9.64.020 Price switching.
9.64.010 SHOPLIFTING - UNLAWFUL. It is unlawful for
any person to intentionally conceal or otherwise carry away, or
to knowingly aid another to conceal or otherwise carry away,
unpurchased goods, wares or merchandise owned or held by and
offered or displayed for sale by any store or other mercantile
establishment with the intent to avoid payment therefor;
provided, however, that the aggregate value of such
unpurchased goods, wares or merchandise shall be less than one
hundred dollars. (Ord. 0-74-1 § 1 (part), 1974).
9.64.020 PRICE SWITCHING It is unlawful for any
person to willfully 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, with the intent to defraud such store
or mercantile establishment; provided, however, that this
section shall not apply to goods, wares or merchandise of a
value of one hundred dollars or more. (Ord. 0-74-1 § 1 (part),
1974).
*For statutory provisions relating to shoplifting, see C.R.S. 405-28 - 40-5-32.
274-10 (Lakewood 7-15-74)
t_
TRESPASSING
Chapter 9.66
TRESPASSING*
Sections:
9.66.010 Trespassing-Unlawful.
9.66.010 TRESPASSING - UNLAWFUL. 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 from said premises when requested to leave by the
owner, occupant or person having lawful control thereof. (Ord.
0-74-1 § 1 (part), 1974).
VII. WEAPONS
Chapter 9.70
DANGEROUS OR DEADLY WEAPONS**
°-v
Sections:
9.70.010
Definitions.
9.70.020
Deadly weapons-Unlawful to conceal.
9.70.030
Illegal weapons-Unlawful to possess or use.
9.70.040
Firearms-Unlawful to discharge.
9.70.050
Deadly weapon-Unlawful to display, brandish
or flourish.
9.70060
Deadly or illegal weapons Confiscation and
disposition thereof.
970.070
Dangerous weapons-Unlawful to carry where
vinous, spirituous or malt liquors sold.
*For statutory p
rovisions regarding trespassing, see C.R.S. 40-3.8.
**For statutory provisions regarding weapons generally, see C.R.S. 40-11
274-11 (Lakewood 7-IS-74)
ORDINANCE NO. 209 - Page 32
DANGEROUS OR DEADLY WEAPONS
9.70.080 Dangerous missiles-Stones.
9.70.010 DEFINITIONS. The following definitions shall
apply to this chapter,
(1) "Blackjack" includes any billy, sandclub, 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 handle end, a strap or springy shaft which increases the
force of impact, or any device or article consisting of two or
more separate portions, linked together by a chain, strap or
other fastener, which configuration is designed to increase the
striking force or impact of the device or article.
(2) "Conceal," as used in this chapter, 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 in such manner as to
make it immediately available for use in the fashion in which
the weapon is designed to be used
(3) "Crossbow" includes 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.
(4) "Knife" includes any dagger, knife, bayonet,
straight-razor, dirk, machete, stiletto, sword or swordcane with
a blade over three and one-half 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
274-12 (Lakewood 7-15-74)
'~,.k
f"°
Ya
14
DANGEROUS OR DEADLY WEAPONS
lawful home use, trade, occupation or profession, or otherwise
being lawful under federal or state statutes used as an item of
display or a collector's item in any home or place of business.
(5) "Firearm" includes 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.
(b) "Gravity knife" includes 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.
(7) "Switchblade knife" includes any knife, the blade of
which opens automatically by hand pressure applied to a
button, spring or other device in its handle. (Ord. 0-74-1 § 1
(part), 1974).
9.70.020 DEADLY WEAPONS - UNLAWFUL TO
CONCEAL. (a) It is unlawful for any person to knowingly carry
a knife or firearm concealed on or about his person, provided,
however, that this chapter shall not apply to persons in their
own domiciles or places of business, or on property owned 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 purpose.
(b) Nothing in this section 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.
(c) Nothing in this section 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
Colorado or federal law. (Ord. 0-74-1 § I (part), 1974).
274-13 (Lakewood 7-15-74)
ORDINANCE NN. 209 _ Page 33
DANGEROUS OR DEADLY WEAPONS
9.70 030 ILLEGAL WEAPONS - UNLAWFUL TO
POSSESS OR USE. (a) It is unlawful for any person to
knowingly carry in his possession, 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.
(b) Nothing in this section 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. (Ord. 0-74-1 § I (part), 1974)
9.70.040 FIREARMS -UNLAWFUL TO DISCHARGE. It
is unlawful for any person, other than a peace officer or a
member of the armed forces of the United States or the
Colorado National Guard acting in lawful discharge of his
duties, to discharge or cause to be discharged any firearm within
or into the limits of the city, provided, however, that this
section shall not apply to persons discharging firearms in
shooting galleries or at shooting ranges, where such firearms R _
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, or to the discharge of a firearm
in lawful defense of person or property. (Ord. 0-74-1 § 1 (part),
1974).
9.70.050 DEADLY WEAPON - UNLAWFUL TO
DISPLAY, BRANDISH OR FLOURISH. (a) It is unlawful for
any person to display, brandish or flourish a deadly weapon in a
public place in a manner calculated to alarm or for any person
to intentionally and without lawful excuse, justification or
purpose aim or point a firearm at another person, provided,
however, that the provisions of this section shall not apply to
274-14 (Lakewood 7-15-74)
V
4
DANGEROUS OR DEADLY WEAPONS
-
~k
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. (Ord. 0-74-1 § 1
(part), 1974).
9.70.060 DEADLY OR ILLEGAL WEAPONS -
CONFISCATION AND DISPOSITION THEREOF. It shall be
the duty of every police officer or agent, upon making any
arrest and seizing a weapon carried or used in violation of any
provisions of this chapter, to keep and place the same in such
place of safekeeping as may be directed by the director of
public safety until the final determination of the prosecution
for the offense or any offense in the prosecution of which such
weapon may be evidence. Upon entry of a final judgment of
guilt, the director of public safety, or his designee, shall make
such disposition of such weapon as may be ordered by the
municipal court or other court having jurisdiction, and in the
absence of such order, such disposition shall be as provided by
Chapter 9.02 or by law. (Ord 0-74-1 § 1 (part), 1974)
9.70 070 DEADLY WEAPONS - UNLAWFUL TO
CARRY WHERE VINOUS, SPIRITUOUS OR MALT
LIQUORS SOLD. (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 malt,
vinous or spirituous liquors are sold for consumption on the
premises.
(b) The provisions of this section shall not apply to peace
officers or any other person duly licensed or authorized under
applicable Colorado or federal law to carry such weapon
274-15 (Lakewood 7-15-74)
ORDINANCE NO. 209 - Page 34
ABATEMENT OF NUISANCES
concealed, or to persons carrying such weapons in their place of
business or having control of the premises at the time of the act
of carrying. (Ord. 0-74-1 § I (part), 1974).
9.70.080 DANGEROUS MISSILES - STONES. It is
unlawful for any person to willfully, maliciously or recklessly
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 or fixture or
vehicle of another, except that the provisions of this section
shall not apply to persons throwing, projecting or shooting any
such dangerous missile at any animal in order to protect his
person or property or the person or property of another from
physical injury. (Ord. 0-74-1 § 1 (part), 1974).
VIII. NUISANCES
Chapter 9.80
ABATEMENT OF NUISANCES
Sections:
9.80.010
Public nuisance defined.
9.80.020
Common law and statutes adopted.
9.80.030
Penalties.
9.80.040
Responsibility for nuisances.
9.80.050
Complaints of nuisances.
9.80.060
Right of entry.
9.80.070
Abatement authorized.
9.80.080
Notice of abatement.
9.80.090
Abatement procedures.
9.80.100
Costs and charges.
9.80.1 10
Cumulative remedies.
274-16 (Lakewood 7-15-74)
U
A
ABATEMENT OF NUISANCES
9.80.120 Concurrent remedies.
9.80.010 PUBLIC NUISANCE DEFINED. A public
nuisance is a substance, act, occupation, condition or use of
property which is of such nature and continues for such length
of time as to:
(1) Substantially annoy, injure or endanger the comfort,
health, repose or safety of the public; or
(2) In any way render the public insecure in life or in the use
of property; or
(3) Unlawfully and substantially interfere with, obstruct or
tend to obstruct or render dangerous for passage any street,
alley, highway or other public way (Ord. 0-74-1 § 1 (part),
1974).
9 80 020 COMMON LAW AND STATUTES ADOPTED. In
all cases where no provision is made defining what are nuisances
and how the same may be removed, abated or prevented, in
addition to what may be declared such herein, those bffenses
which are known to the common law of the land and statutes of
Colorado as nuisances may, in case the same exist within the
city, be treated as such and proceeded against as in this article
provided, or in accordance with any other provision of law.
(Ord. 0-74-1 § I (part), 1974).
9.80.030 PENALTIES. Any person in the city who is
responsible for any nuisance as provided for in this chapter and
who fails to abate the same after the giving of adequate notice
shall be in violation of this chapter and subject to the penalties
as provided in Chapter 1.16 of this code. (Ord. 0-74-1 § 1
(part), 1974).
9.80.040 RESPONSIBILITY FOR NUISANCES. Where a
nuisance exists upon private property, and is the outgrowth of
274-17 (Lakewood 7-15-74)
ORDINANCE NO. 209 - Page 35
ABATEMENT OF NUISANCES
the usual, natural or necessary use of the property, the owner or
owners thereof or his or their agents are declared the authors
thereof; but where any such nuisance arises from the unusual
use to which any such property may be put, or from any
business thereon conducted, the occupant or occupants shall
also be deemed the author or authors thereof, and any person
who, by himself or an agent, causes or creates the same shall be
deemed the author of such nuisance.
In the event a nuisance must be abated by the city, no
provision of this section should be construed to relieve any
property owner from any of the provisions contained in Section
9.80.100. (Ord. 0-74-1 § 1 (part), 1974).
9.80.050 COMPLAINTS OF NUISANCES. Complaints of
nuisances may be made to the City Administrator or director of -
public safety or any other city official. Whenever possible any
complaint shall state the nature of such nuisance, the location
including street address, the name of the owner, agent or
occupant of the building or lot, if known, and the name and
address of the complainant. (Ord. 0-74-1 § 1 (part), 1974).
9.80.060 RIGHT OF ENTRY. (a) Right of Entry -
Generally. Whenever necessary to make an inspection to enforce
any of the provisions of this chapter, or whenever the City
Administrator, Building Official, the director of public safety or
the authorized representative of any of them, or a police agent
of the city, has reasonable cause to believe that there exists in
any building or upon any premises any condition which
constitutes a nuisance hereunder, the City Administrator,
Building Official, director of public safety or the authorized
representative of any of them, or a police agent, may enter such
building or premises at all reasonable times to inspect the same
or to perform any duty imposed on any of them, provided, that
if such building or premises is occupied, such person shall first
274-18 (Lakewood 7-15-74)
V
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ABATEMENT OF NUISANCES
1w
present proper credentials and demand entry; and if such
building or premises is unoccupied, he shall first make a
reasonable effort to locate the owner and/or occupant or other
person or persons having charge or control of the building or
premises, and upon locating the owner, occupant or other
person or persons shall present proper credentials and demand
entry If entry is refused, such person shall give the owner
and/or occupant, or if the owner and/or occupant cannot be
located after a reasonable effort, he shall leave at the building or
premises, a twenty-four hours' written notice of intention to
inspect. The notice given to the owner and/or occupant or left
on the premises as aforesaid shall state that the property owner
has the right to refuse entry and that in the event such entry is
refused, inspection may be made only upon issuance of a search
warrant by a Municipal Judge of the city, or judge of any other
court having jurisdiction.
After the expiration of the twenty-four hour period from the
giving or leaving of such notice, the City Administrator, director
of public safety, Building Official, or any of them, or their
authorized representatives, or a police agent, may appear before
any Municipal Judge of the municipal court of the city and
upon a showing of probable cause shall obtain a search warrant
entitling him to enter the building or upon the premises. Upon
presentation of the search warrant and proper credentials, or
possession of same in the case of an unoccupied building or
premises, the person may enter into the building or upon the
premises using such reasonable force as may be necessary to
gain entry therein.
For the purposes of this subsection, a determination of
"probable cause" will be based upon reasonableness, and if a
valid public interest justifies the intrusion contemplated, then
there is probable cause to issue a search warrant. The person
applying for such warrant shall not be required to demonstrate
specific knowledge of the condition of the particular structure
274-19 (Lakewood 7-15-74)
ORDINANCE NO. 209 - Page 36
ABATEMENT OF NUISANCES
or premises in issue in order to obtain a search warrant. It is
unlawful for any owner and/or occupant of the building or
premises to resist reasonable force used by the City
Administrator, director of public safety, the Building Official,
or the authorized representative of any of them, or a police
agent., acting pursuant to this subsection.
(b) Right of Entry - Emergencies. Whenever an emergency
situation exists in relation to the enforcement of any of the
provisions of this chapter, the City Administrator, director of
public safety, the Building Official, or the authorized
representative of any of them, or a police agent, upon a
presentation of proper credentials or identification, in the case
of an occupied building or premises, or possession of the
credentials in the case of an unoccupied building or premises,
may enter into any building or upon any premises within the
jurisdiction of the city. In the emergency situation such person
or his authorized representative may use such reasonable force
as may be necessary to gain entry into the building or upon the
premises.
For the purposes of this subsection, an emergency situation
includes, but is not limited to, any situation where there is
imminent danger of loss of life, limb and/or property. It is
unlawful for any owner and/or occupant of the building or
premises to resist reasonable force used by the authorized
official acting pursuant to this subsection.
(c) Search Warrants - Jurisdiction of the Municipal Court.
Any Municipal Judge of the municipal court of the city shall
have power to issue search warrants upon a showing of probable
cause for the implementation of inspections as provided for in
subsection (a) of this section. (Ord. 0-74-1 § 1 (part), 1974).
9.80.070 ABATEMENT AUTHORIZED. (a) Each and
every nuisance mentioned, declared or defined by any
ordinance of the city is prohibited, and the Mayor or City
274-20 (Lakewood 7-15-74)
U
14
ABATEMENT OF NUISANCES
Administrator or director of public safety is authorized, in his
discretion, to cause the same to be summarily abated in such
manner as he may direct subject to the limitations of subsection
(b) of this section.
(b) Upon authorization and only upon authorization by the
Mayor or the City Administrator or director of public safety, if
any nuisance found to exist causes such imminent danger to the
life, limb, property or health as to require immediate
abatement, any such nuisance may be summarily abated by
action of the director of public safety, a police agent or police
agents, the Building Official, or the authorized representative of
any of them, as may be directed by the director of public
safety, Mayor or City Administrator Action for summary
abatement shall be taken only where the director of public
safety, Mayor or City Administrator determines that there is
imminent danger to life, limb, health or property which cannot
await abatement of the nuisance by any other means available
under this chapter. (Ord. 0-74-1 § 1 (part), 1974).
9.80.080 NOTICE OF ABATEMENT In the case of any
nuisance not requiring summary abatement in the judgment of
the Mayor, director of public safety or City Administrator, it
shall be the duty of said officials, or one of them, to cause
notice to be served upon the person responsible for any
nuisance which may be found, requiring the person to abate the
same in a reasonable time and in such reasonable manner as
prescribed, and such notice may be given or served by any
officer directed or deputized to give or make the same. In
causing notice to be served, the Mayor, director of public safety
or City Administrator may authorize city officials, inspectors or
any other appropriate city employee to issue notice of
abatement. The reasonable time for abatement shall not exceed
fourteen days unless it appears from the facts and circumstances
that compliance could not reasonably be made within fourteen
274-21 (Lakewood 7-15-74)
ORDINANCE NO. 209 - Page 37
ABATEMENT OF NUISANCES
days or that a good faith attempt at compliance is being made.
Such notice shall be in writing, signed by the official issuing the
same and shall be personally served upon the person responsible
for the nuisance if the person occupies the premises upon which
the nuisance exists, but if not occupied by the responsible
person then by posting the same prominently at some place on
the premises upon which the nuisance exists. If service is by
posting as aforesaid, then a copy of the notice shall also be
mailed by certified mail, return receipt requested, to the owner
of such property as shown upon the tax rolls of Jefferson
County, Colorado, at the address of such owner as therein
shown. (Ord. 0-74-1 § I (part), 1974).
9.80.090 ABATEMENT PROCEDURES. (a) Upon
notification, if the person so notified neglects or refuses to
comply with the requirements of the notice to abate the
nuisance within the time specified, such person is guilty of a
violation of this code, and the Mayor, City Administrator,
director of public safety and City Attorney, or their authorized
agent, may proceed at once, upon the expiration of the time
specified in such notice, to commence appropriate legal action
to cause such nuisance to be abated; provided, that if the owner
or person responsible for the nuisance is unknown or cannot be
found, the City Administrator may proceed to abate such
nuisance after notice has been posted for the period equal to
the time specified to abate the nuisance. In either case, the
expense of such abatement shall be collected from the person
who caused, created, continued or suffered the nuisance to
exist.
(b) When any person has responsibility for a nuisance as
provided in Section 9 80.040 and such nuisance exists or is
found and the responsible person fails to abate the same after
the giving of such notice as provided for in Section 9 80 080,
within the time limited therein, or as extended, then the City
274-22 (Lakewood 7-15-74)
f
b~
I
ABATEMENT OF NUISANCES
F~
Attorney is authorized to institute proceedings in a court of
competent jurisdiction to obtain a judicial determination that
such nuisance exists, to abate such nuisance, to enjoin the same,
and for such other and further relief as may seem necessary or
proper, including but not limited to collection of the costs and
expenses of abatement, including reasonable attorney's fees.
(c) Upon a judicial determination that a nuisance exists, the
director of administrative services may be authorized to abate
the nuisance or cause the same to be abated, employing such
forces and persons as may be necessary to abate the same,
including the employees of the city or by contract or otherwise.
The director of public safety and all other city officials and
employees are authorized and directed to render such assistance
to the director of administrative services as may be required for
the abatement of such nuisance and in connection with the
enforcement thereof.
(d) Any officer or employee of the city who is authorized
herein to abate any nuisance specified in this chapter shall have
authority to engage the necessary assistance and incur the
necessary expenses thereof. In any case where a nuisance is to
be abated by the city, it shall be the duty of the authorized
person to employ such assistance and adopt such means as may
be necessary to effect abatement of the nuisance It shall also be
the duty of the city or any of its representatives to proceed in
all abatement cases with due care and without any unnecessary
destruction of property. (Ord. 0-74-1 y 1 (part), 1974).
9.80.100 COSTS AND CHARGES (a) The person or
persons responsible for any nuisance within the city shall be
liable for and pay and bear all costs and expenses of the
abatement of the nuisance, including reasonable attorney's fees
for costs of collection, which costs and expenses may be
collected by the city in any action at law, referred for collection
by the City Attorney on a contingency basis, in his discretion,
274-23 (Lakewood 7-15-74)
ORDINANCE NO. 209 - Page 38
ABATEMENT OF NUISANCES
or collected in connection with an action to abate a nuisance, or
assessed against the property as hereinafter provided
(b) The notice required in Section 9,80 080 shall, in addition
to the requirements of that section, state that if the nuisance is
not abated within the time stated in the notice, the cost of such
abatement may be assessed as a lien against the property
(describing the same) pursuant to the terms of this chapter,
referring to this chapter, together with an additional five
percent assessment for inspection and incidental costs and an
additional ten percent assessment for costs of collection, and
collected in the same manner as real estate taxes against the
property. If the owner of the property is not personally served
with a copy of such notice, then a true copy of such notice shall
be mailed by registered or certified mail, return receipt
requested, to the owner of such property as shown upon the tax
rolls of Jefferson County, Colorado, at the address of such
owner as therein shown.
(c) If after the expiration of the period of time provided for
in the notice, or as extended, costs or expenses are incurred by
or on behalf of the city in the abatement or in connection with
the abatement of the nuisance, and the costs are not otherwise r--
collected, then the director of administrative services may
thereafter certify to the City Clerk the legal description of the
property upon which such work was done, togetLer with the
name of the owner thereof as shown by the tax rolls of
Jefferson County, Colorado, together with a statement of the
work performed, the date of performance, and the costs
thereof.
(d) Upon receipt of such a statement from the director of
administrative services, the City Clerk shall mail a notice to the
owner of the premises as shown by the tax roll, at the address
shown upon the tax rolls, by first class mail, postage prepaid,
notifying such owner that work has been performed pursuant to
this chapter, stating the date of performance of the work, the
274-24 (Lakewood 7AS-74)
4
ABATEMENT OF NUISANCES
nature of the work and demanding payment of the costs thereof
(as certified by the director of administrative services), together
with five percent assessment for inspection and other incidental
costs in connection therewith. Such notice shall state that if
said amount is not paid within thirty days of mailing the notice,
it shall become an assessment on and a lien against the property
of the owner, describing the same, and will be certified as an
assessment against such property together with the ten percent
assessment for costs of collection, and the above-mentioned
assessments will be collected in the same manner as a real estate
tax upon the property.
(e) If the Clerk shall not receive payment within the period
of thirty days following the mailing of such notice, the Clerk
shall inform the city council of such fact and the council shall
thereupon enact an ordinance assessing the whole cost of such
work including a charge of five percent of the whole costs for
inspection and other incidental costs in connection therewith
upon the lots and tracts of land upon which the nuisance was
abated, and together with a charge of ten percent of the whole
costs for costs of collection.
(f) Following the passage of such ordinance, upon second
reading, the Clerk shall certify the same to the county treasurer,
who shall collect the assessment, including the ten percent
charge for cost of collection, in the same manner as other taxes
are collected.
(g) Each such assessment shall be a lien against each lot or
tract of land until paid and shall have priority over other liens
except general taxes and prior special assessments. (Ord. 0-74-1
§ I (part), 1974).
9.80 110 CUMULATIVE REMEDIES No remedy provided
herein shall be exclusive, but the same shall be cumulative, and
the taking of any action hereunder including charge or
conviction of violation of this chapter in the municipal court of
274-25 (Lakewood 7-15-74)
ORDINANCE NO. 209 - Page 39
DECLARED NUISANCES
the city, shall not preclude or prevent the taking of other action
hereunder to abate or enjoin any nuisance found to exist. (Ord.
0-74-1 § 1 (part), 1974)
9.80.120 CONCURRENT REMEDIES. Whenever a
nuisance exists, no remedy provided for herein shall be
exclusive of any other charge or action, and when applicable the
abatement provisions of this chapter shall serve as and
constitute a concurrent remedy over and above any charge or
conviction of any municipal offense or any other provision of
law. Any application of this chapter that is in the nature of a
civil action shall not prevent the commencement or application
of any other charges brought under the municipal ordinances or
any other provision of law. (Ord 0-74-1 § 1 (part), 1974)
Chapter 9.82
DECLARED NUISANCES
Sections:
9.82.010
Stagnant water, contaminated or impure well
or cistern.
9.82.020
Offensive and dangerous businesses or trade
or condition.
9.82.030
Scattering debris.
9.82.040
Piling of rubbish or weeds.
9.82.050
Exposure or conveyance of anything prejudicial
to health forbidden.
9.82.060
General flood hazard area.
9.82.070
Violations of building code and municipal
zoning ordinance.
9.82.010 STAGNANT WATER, CONTAMINATED OR
274-26 (Lakewood 7-15-74)
r"
t-
I
DECLARED NUISANCES
-j
11)
IMPURE WELL OR CISTERN. (a) A contaminated or impure
well or cistern is a nuisance when the water therein is used for
human consumption.
(b) Any well or cistern on any property within the limits of
the city, whenever a chemical analysis or other proper test or
the location of the same shows that the water of the well or
cistern is probably contaminated, impure or unwholesome, is a
nuisance.
(c) Every owner, tenant, occupant, lessee or other person in
possession of any premises or any part thereof, upon which
there is located a well containing contaminated, impure or
unwholesome water, shall abandon the use of the same, and
cause the same to be filled with earth or such other material as
may be designated by the City Administrator or director of
public safety (Ord. 0-74-1 § 1 (part), 1974).
9.82.020 OFFENSIVE AND DANGEROUS BUSINESSES
OR TRADE OR CONDITION (a) Any offensive or
unwholesome business or establishment, or any business or
establishment carried on in an offensive or unwholesome
manner within the city, or within one mile beyond the outer
limits of the city, is a nuisance and prohibited, and the City
Administrator or director of public safety shall have power to
abate the same.
(b) Whenever any trade, business or manufacture, or the
maintenance of any substance or condition or things, is
dangerous to the public health, the same constitutes a nuisance,
and shall be abated as such. (Ord. 0-74-1 § I (part), 1974).
9.82.030 SCATTERING DEBRIS Dumping, throwing or
placing any rubbish, cans, boxes, debris, grass clippings or other
waste materials on any public place in the city is a nuisance and
prohibited. Dumping of waste materials in a public dump
specifically designated by order of the City Administrator as a
274-27 (Lakewood 7-15-74)
ORDINANCE NO. 249 - Page 40
DECLARED NUISANCES
dump in compliance with such regulations as the City
Administrator may direct shall not be deemed a violation of this
section. (Ord. 0-74-1 § 1 (part), 1974).
9.82.040 PILING OF RUBBISH OR WEEDS. It is unlawful
and constitutes a nuisance for any person to pile, store or allow
to accumulate any rubbish, trash, garbage, weeds or animal
feces on any lot or real estate within the city which could
harbor and conceal harmful vermin, rodents or insects, or which
are unsafe, unhealthy or unsightly to the public. (Ord. 0-74-1 §
1 (part), 1974).
9.82.050 EXPOSURE OR CONVEYANCE OF
ANYTHING PREJUDICIAL TO HEALTH FORBIDDEN It is
unlawful and constitutes a nuisance for any person to expose,
convey or place or cause to be exposed, conveyed or placed in
any street or public place any substance, animal or thing to the
prejudice of the public health. (Ord. 0-74-1 § 1 (part), 1974).
9.82.060 GENERAL FLOOD HAZARD AREA. It is
unlawful and constitutes a nuisance for any person to obstruct
any general flood hazard area of the city as defined under
Section 3-7 of the zoning ordinance by means of any dam, wall,
wharf, embankment, levee, dike, pile, abutment, projection,
excavation, channel rectification, bridge, conduit, culvert,
building, wire, fence, rock, gravel, refuse, grading or fill, or
other like or similar structure or matter placed in, along, across
or projecting into any such general flood hazard area, which
may impede, retard or change the direction of the flow water,
either in itself or by catching or collecting debris carried by
such water, or that is placed where the natural flow of the water
would carry the same downstream to the damage of either life
or property without first obtaining a permit from the city under
Section 3-7 of the zoning ordinance, or as amended, allowing
274-28 (Lakewood 7-15 74)
V
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AFFIRMATIVE DEFENSES
the placement of such obstruction in the general flood hazard
area. (Ord. 0-74-1 § I (part), 1974).
9.82.070 VIOLATIONS OF BUILDING CODE AND
MUNICIPAL ZONING ORDINANCE. It is unlawful and
constitutes a public nuisance for any person to maintain any
property or building or any other structure in the city in a
condition which is in violation of the building code of the city
or the zoning ordinance of the city. (Ord 0-741 § 1 (part),
1974).
IX. PROVISIONS APPLICABLE TO OFFENSES
GENERALLY
Chapter 9.90
AFFIRMATIVE DEFENSES
Sections:
9.90.010 Affirmative defenses.
9.90.010 AFFIRMATIVE DEFENSES. The affirmative
defenses available in Section 40-1-801 through 40-1-809, C R.S.
1963, as amended, shall be available as affirmative defenses to
prosecutions in the municipal court under those provisions
covered by this title. (Ord. 0-74-1 § 1 (part), 1974).
274-29 (Lakewood 7-15-74)
ORDINANCE NO. 209 _ Page 41
LEGISLATIVE INTENT
Chapter 9.92
LEGISLATIVE INTENT
Sections:
9.92.010 Legislative intent and construction
9.92.010 LEGISLATIVE INTENT AND
CONSTRUCTION. It is the intent and purpose of this title not
to cover and include those offenses which are felonies under
1963 Colorado Revised Statutes, as amended, and this title shall
be so construed notwithstanding any language contained in the
same which might otherwise be construed to the contrary. (Ord.
0-74-1 § I (part), 1974).
Chapter 9.94
DEFINITIONS
Sections:
9.94.010 Definitions.
9.94.020 Definition of a public place.'
9.94.010 DEFINITIONS. Terms used in this title shall be as
defined in Chapter 40, 1963 Colorado Revised Statutes, as
amended. Terms not defined in said Chapter 40 shall be as
otherwise defined in this code, and if not herein defined, shall
be construed as being used in their ordinary, usual and accepted
sense and meaning. (Ord. 0-74-1 § I (part), 1974).
9.94.020 DEFINITION OF A PUBLIC PLACE. "Public
place" shall be taken to include any place commonly or usually
open to the general public, or to which members of the general
274-30 (Lakewood 7-15-74)
U
A
DEFINITIONS
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. (Ord. 0-74-1 § 1
(part), 1974).
~i
274-31 (Lakewood 7-15-74)
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INTRODUCED B :
776655
COUNCILMAN MERKL
,,,?R -6 FM 22
t of Jefferson 1~t; Te of
2;3'7 551
ORDINANCE No. 208 (Case No. WV-75-03)
Series of 1976
TITLE. AN ORDINANCE VACATING AN EASEMENT LOCATED WITHIN THE CITY OF
WHEAT RIDGE, COLORADO, I.E., VACATING A CERTAIN DESCRIBED EASEMENT
LYING IN PAR1 OF THE SOUTHEAST QUARTER OF THE NORTIi4VEST QUARTER OF
SECTION 22, TOWNSHIP 3 SOUTH, RANGE 69 WEST, OF THE 6TH PRINCIPAL
MERIDIAN.
WHEREAS, bN subdivision plat recorded in Book 21, Page 54 of
the Jefferson County Colorado Records, a certain easement was dedicated
to the public; and
WHEREAS, the following described easement is no longer necessary
for use by the public; and
WHEREAS, said easement is within the limits of the City of Wheat
Ridge; and
WHEREAS, the Wheat Ridge Planning Commission has approved the
vacation of said ease ont.
BE IT ORD4I:NED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO,
THAT:
Section, 1 The following described easement in the City of Wheat
Ridge, Colorado, be vacated, to wit: In Phillips Subdivision Filing No. Two,
the south eight (S) feet of Lot 45, except the eastern five (5) feet thereof;
the north eight (8) feet of Lot 46, except the eastern five (5' feet thereof;
the north eilaht (S) feet of Lot 33, except the western five (5) feet thereo`,
the south eight (a) feet of Lot 34, except the western five (S) feet thereon.
vacated;
And the same is hereby approved and the described easement is htrcb
Section The provisions of this Ordinance are necessary to the
immediate preservation of the public health and safety of the citizens of the
City of 6'~heat Ridge.
Section 3. Effective Date. This ordinance shall take effect thirty
(30) days after rublication following final passage.
INTRODUCED, READ, PASSED AND ORDERED PUBLISHED on first
reading by a vote of 5 - to 1 this 8th day of March A.D.,
19,'6.
READ, ADOPTED AND ORDERED PUBLISHED on second and final
reading by a vote of 4 to 1 this 29th day of March A.D.,
1976.
ATTEST-:
FRANK STITES, "I\YOR
E -'FiF- BRO: Fd^;;,( ITY Lf:RK
,
283V 551