HomeMy WebLinkAboutOrdinance-1988-0763INTRODUCED BY COUNCILMEMBER SNOW
Ordinance No. 763
Series of 1988
TITLE: AN ORDINANCE AMENDING SECTIONS 14-17 AND 14-22 OF THE
CODE OF LAWS OF THE CITY OF WHEAT RIDGE AND CREATING
MUNICIPAL OFFENSES FOR GIVING POLICE OFFICERS FALSE
INFORMATION REGARDING IDENTITY, AND FOR MAKING
UNWARRANTED CALLS TO THE CITY'S EMERGENCY TELEPHONE
NUMBERS.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT
RIDGE, COLORADO AS FOLLOWS:
Section 1. Concerning the subjects of giving false
identifications to the City's police officers and of making
unwarranted telephone calls to the City's emergency telephone
numbers, the City Council makes the following findings of fact:
1. A person who knowingly gives false information
regarding his own identity or the identity of someone else may
falsely implicate another who has committed no acts warranting
police investigation.
2. False information regarding the identity of a person
will hamper the efficiency of police investigations and will
interfere with law enforcement by misleading and misdirecting the
efforts of law enforcement personnel.
3. Unwarranted telephone calls to the City's emergency
telephone numbers needlessly engage both public safety personnel
and emergency communications equipment and thereby prevent such
personnel and equipment from being available to respond to actual
emergencies within the City if they should arise.
4. Provisions in the City's Code of Laws which make giving
false identifications to police officers and make unwarranted
telephoning of the City's emergency telephone numbers municipal
offenses serves the public health, safety, morals and welfare by
deterring conduct which would needlessly hamper police efficiency
or needlessly engage emergency personnel and equipment.
Section 2. Section 14-17 of the Code of Laws of the City of
Wheat Ridge is hereby repealed and reenacted as follows:
Sec. 14-17. Unlawful; exception.
(a) It is unlawful for any person to report the
existence of a fire or other emergency to the police, fire
department or any other agency empowered to deal with an
emergency involving risk or injury to persons or property,
when such person knows the report to be false. For the
purposes of this subsection, fire department means any fire
protection district or fire-fighting agency of the state,
county or 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) Such person knows that no such offense or
other incident has occurred; or
(2) Such person knows the information is false or
that he has no such information.
(c) IT IS UNLAWFUL FOR ANY PERSON TO MAKE TELEPHONE
CALLS FROM WITHIN THE CITY TO THE CITY'S POLICE, FIRE OR
EMERGENCY TELEPHONE NUMBERS, INCLUDING E911, WHEN SUCH
PERSON MAKES THE CALL KNOWINGLY BUT FOR NO LEGITIMATE
PURPOSE. THIS SUBSECTION SHALL APPLY REGARDLESS OF WHETHER
THE PERSON WHO MAKES THE TELEPHONE CALL SPEAKS OR IN ANY WAY
COMMUNICATES TO THE CITY EMPLOYEE ANSWERING THE CALL.
(d) This section does not apply to reports of the
existence or placement of a bomb or other explosive in any
public or private place or vehicle designed for
transportation of person or property.
Section 3. Section 14-22 of the Code of Laws of the City of
Wheat Ridge is hereby repealed and reenacted as follows:
Sec. 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.
(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
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his official duties, or to make such a threat by reason of
such officer's performance or attempted performance of his
official duties.
(c) IT IS UNLAWFUL FOR A PERSON KNOWINGLY TO GIVE
FALSE INFORMATION OR A FALSE NAME OR A FALSE ADDRESS TO A
POLICE OFFICER ACTING UNDER COLOR OF OFFICIAL AUTHORITY WITH
THE PURPOSE OF IMPLICATING ANOTHER OR WITH THE INTENT TO
CONCEAL OR TO HIDE ONE'S OWN REAL NAME, ADDRESS OR AGE.
Section 4. 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 5. 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 6. This ordinance shall become effective one
day after final publication.
INTRODUCED, READ, AND ADOPTED on first reading by a vote of
8 to 0 on this 2nd day of May , 1988,
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 Monday, June 13 , 1988,
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 8 to 0 this 13th day of June,
, 1988.
SIGNED by the Mayor on this 14th day of June
1988.
Dan Wilde, Mayor
ATTEST:
Wanda Sang, City Clerk/
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APPROVE P /O FORM BY
OFFIC Cjy RNEY
1st Publication: May 5, 1988
2nd Publication: June 16, 1988
Wheat Ridge Sentinel:
Effective Date: June 17, 1988
Jo
y Attorney