HomeMy WebLinkAboutOrdinance-1986-0700INTRODUCED BY COUNCILMEMBER MERKL
Ordinance No. 700
Series of 1986
TITLE: AN ORDINANCE AMENDING VARIOUS PROVISIONS OF CHAPTER 14,
OFFENSES - MISCELLANEOUS, OF THE CODE OF LAWS OF THE
CITY OF WHEAT RIDGE, SPECIFICALLY AMENDING SAID CHAPTER
BY REPEALING AND REENACTING SECTION 14-22(a)
INTERFERENCE WITH PUBLIC OFFICERS WHEN IN DISCHARGE OF
DUTIES; BY REPEALING AND REENACTING SECTION 14-28
ASSAULT; BY REPEALING AND REENACTING SECTION 14-30,
INTIMIDATION; BY REPEALING AND REENACTING SECTION
14-43, WINDOW PEEPING; BY AMENDING THE CODE BY ADDING
THERETO SECTION 14-44.3, INDECENT EXPOSURE; BY AMENDING
THE CODE BY AMENDING SECTIONS 14-50, 14-50.1, AND
14-50.2, THEFT; AND BY REPEALING AND REENACTING SECTION
14-56 TRESPASS, AND PROVIDING A PENALTY FOR VIOLATION
THEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT
RIDGE, COLORADO:
Section 1. Section 14-22(a) of the Code of Laws of the City
of Wheat Ridge is hereby repealed and reenacted as follows:
Section 14-22 When in Discharge of Duties.
(a) It is unlawful for any person to use and/or to threaten
to use violence, force, or physical interference for the purpose
of knowingly obstructing, impairing, hindering, or attempting to
prevent the investigation of any incident, the enforcement of any
penal code, or the preservation of the peace by a police officer
acting under color of his official authority, and/or any canine
utilized by any police officer in the discharge of said
authorized official law enforcement duties, or knowingly to
obstruct, impair, hinder or attempt to prevent the prevention,
control or abatement of fire by a fireman acting under color of
his official authority.
Section 2. Section 14-28 of the Code of Laws of the City of
Wheat Ridge is hereby repealed and reenacted as follows:
Section 14-28. Assault. Any person who knowingly or
recklessly causes bodily injury to another person, or with
criminal negligence causes bodily injury to another, is guilty of
assault.
Section 3. Section 14-30 of the Code of Laws of the City of
Wheat Ridge is hereby repealed and reenacted as follows:
Section 14-30. Criminal Extortion. It is unlawful for
anyone without legal authority to threaten to confine, restrain
or cause economic or bodily harm to another, or to damage the
such conduct is intended to, or is reasonably likely to, cause
affront, upset or alarm to the other person.
Section 6. Section 14-50 of the Code of Laws of the City of
Wheat Ridge is hereby repealed and reenacted as follows:
Section 14-50. Criminal Mischief. It is unlawful for any
person to intentionally injure, damage or destroy the real or
personal property of another; provided, that this section shall
not apply to any person showing a legal right or authority to
injure, damage or destroy such property. It is further provided
that this section shall not apply where the aggregate damage in
any one (1) criminal episode to such real or personal property is
three hundred dollars ($300.00) or more, or where the damage is
effected by means of fire or explosives or with the intent to
defraud.
Section 7. Section 14-50.1(b) of the Code of Laws of the
City of Wheat Ridge is hereby repealed and reenacted as follows:
Section 14-50.1(b) This section shall not apply when the
aggregate value of the item(s) taken in any one (1) criminal
episode is valued at three hundred dollars ($300.00) or more, nor
whether the item taken is a motor vehicle, rental property, trade
secret or credit device. Further, this section shall not apply
where the theft is committed by fraudulent use of a check or
credit device.
Section 8. Section 14-50.2(E) of the Code of Laws of the
City of Wheat Ridge is hereby repealed and reenacted as follows:
Section 14-50.2(E) Nothing in this section shall apply
where the value of the check exceeds three hundred dollars
($300.00), or where the offender is under accusation or formal
criminal filing involving the issuance of two (2) or more checks
within any sixty-day period in the State of Colorado with an
aggregate value of three hundred dollars ($300.00) or more. Nor
shall this section apply where the offender has been previously
convicted under this section, or under any existing or former
statute of the State of Colorado involving the issuance of bad
checks or theft or fraud by check.
Section 9. Section 14-56 of the Code of Laws of the City of
Wheat Ridge is hereby repealed and reenacted as follows:
Section 14-56. Trespass. It is unlawful for any person to
unlawfully enter or to remain in or upon real property, buildings
and/or other improvements, stream banks and beds of any
non-navigable fresh water stream flowing through, or banks or
beds of any lake, pond or other body of water situate upon real
property, belonging to a person or entity other than the person
so entering or remaining thereupon.
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property, economic well being or reputation of another with
intent thereby to induce another, against his will, to do an act
or refrain from doing a lawful act.
Section 4. Section 14-43 of the Code of Laws of the City of
Wheat Ridge is hereby repealed and reenacted as follows:
Section 14-43.1 Unlawful Visual Observation. It shall be
unlawful for any person to look into any house, room, building or
structure within the City of Wheat Ridge through any window,
door, skylight or other opening thereof for the purpose of
observing the actions of any person within or occupant of said
house, room, building or structure.
Section 14-43.2 Unlawful Electronic Observation. It shall
be unlawful for any person to observe or to monitor, the actions
of any person within or occupant of any house, room, building or
structure within the City of Wheat Ridge by the placing within
said house, room, building or structure of any electronic device
which has as its function the recording and/or transmission of
the physical presence, actions, sounds or statements of any
person within said house, room, building or structure; provided,
however, that the provisions of this Section 14-43.2 shall not be
applicable to any electronic recording, monitoring or
transmission device installed in any house, room, building or
structure with the knowledge and consent of the owner or the
occupant thereof; and further provided that the provisions of
this Section 14-43.2 shall not apply to or prohibit the
installation of health service, emergency and/or_ hospital
monitoring systems, police alarm systems as provided in Section
18-48 through 18-58 inclusive of this Code of Laws, or any such
device installed and/or monitored pursuant to a lawful order or
warrant issued by a court of competent jurisdiction.
Section 14-43.3 Police Investigative Observations Lawful.
Nothing contained in Sections 14-43.1 or 14-43.2 shall prohibit
the observation and/or recording of the actions of any person
within or occupant of any house, room, building or structure by
the Police Department, any officer thereof, or any other lawfully
authorized law enforcement agent or officer, provided that such
observation and/or recording is undertaken in accordance with
constitutional standards, and is undertaken in conjunction with,
and as a part of, legitimate police investigative or patrol
activities, or pursuant to a lawful order or warrant issued by a
court of competent jurisdiction.
Section 5. Section 14-44 of the Code of Laws of the City of
Wheat Ridge is hereby amended by adding thereto the following
Section 14-44.3.
Section 14-44.3. Indecent Exposure. It shall be unlawful
for a person knowingly to expose his or her less than completely
and opaquely covered human genitals, pubic region, buttocks, or
female breast below the point immediately above the ton of the
areola to the view of any person under circumstances in which
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Section 10. Any person violating any provision of this
ordinance shall be guilty of a misdemeanor and, upon conviction
thereof, shall be subject to a fine not to exceed $999.00, or to
imprisonment not to exceed 180 days, or both such fine and
imprisonment; provided, however, that no person under the age of
18 years shall be subjected to imprisonment for violation of any
of the provisions hereof.
Section 11. Severability. If any clause, sentence,
paragraph, or part of this ordinance or the application thereof
to any person or circumstances shall for any reason be adjudged
by a court of competent jurisdiction invalid, such judgment shall
not affect application to other persons or circumstances.
Section 12. Safety Clause. The City Council hereby finds,
determines, and declares that this ordinance is promulgated under
the general police power of the City of Wheat Ridge, that it is
Section 10. Any person violating any provision of this
ordinance shall be guilty of a misdemeanor and, upon conviction
thereof, shall be subject to a fine not to exceed $999.00, or to
imprisonment not to exceed 180 days, or both such fine and
imprisonment; provided, however, that no person under the age of
18 years shall be subjected to imprisonment for violation of any
of the provisions hereof.
Section 11. Severability. If any clause, sentence,
paragraph, or part of this ordinance or the application thereof
to any person or circumstances shall for any reason be adjudged
by a court of competent jurisdiction invalid, such judgment shall
not affect application to other_ persons or circumstances.
Section 12. Safety Clause. The City Council hereby finds,
determines, and declares that this ordinance is promulgated under
the general police power of the City of Wheat Ridge, that it is
promulgated for the health, safety, and welfare of the public,
and that this ordinance is necessary for the preservation of
health and safety and for the protection of public convenience
and welfare. The City Council further determines that the
ordinance bears a rational relation to the proper legislative
object sought to be attained.
Section 13. This ordinance shall become effective 1_
day(s) after final publication.
INTRODUCED, READ, AND ADOPTED on first reading by a vote of
6 to 2 on this 10th day of November , 1986,
ordered published in full in a newspaper of general circulation
in the City of Wheat Ridge and Public Hearing and consideration
on final passage set for November 24 , 1986, at
7:30 o'clock p.m., in the Council Chambers, 7500 West 29th
Avenue, Wheat Ridge, Colorado
READ, ADOPTED, AND ORDERED PUBLISHED on second and final
reading by a vote of 7 to 1 this 24th day of November
. 1986.
1986.
SIGNED by the Mayor on this 25th day of
November
J
Frank Stites, Mayor
ATTEST:
Wanda Sang, ity Cle
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