HomeMy WebLinkAboutOrdinance-1995-0999
INTRODUCED BY COUNCIL MEMBER BEHM
Council Bill No 14 Ordinance No. 999
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TITLE.
AN ORDINANCE AMENDING THE CODE OF LAWS OF THE CITY
OF WHEAT RIDGE, COLORADO REGARDING HARASSMENT AND
ADDING HARASSMENT BY STALKING
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE,
COLORADO, THAT'
Section L Wheat Ridge Code of Laws, Section 16-107, Harassment, is amended as follows
(Strikeover denotes deletIOns; Bold denotes additions)
SEC. 16-107. Harassment-stalking.
(a) 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 contact.
(2) In a public place, direct obscene language or make an obscene gesture to or at
another person where such language er gesture causes ifljury or tends to in'.ite an
immediate breach of the peace.
(3) Follow a person in or about a public place or places.
(4) Initiate communication with another, anonymously or otherwise, either in person or
by telephone, in a manner intended to harass or threaten bodily injury or property
damage, or which includes any comment, request, suggestion, or proposal which is
obscene.
(5) Make a telephone call or cause a telephone to ring repeatedly, whether or not a
conversation ensues, with no purpose of legitimate conversation,
(6) Makes repeated communications at inconvenient hours that invade the privacy of
another and interfere in the use and enjoyment of another's home or private
residence or other private property; or
(7) Repeatedly insult, taunt, challenge, or make communication in offensively coarse
language to another in a manner likely to provoke a violent or disorderly response
(8) Commit any two (2) or more of the acts specified in this section against the same
person.
(b) As used in this section, unless the context otherwise requires, "obscene" means a
patently offensive description of an ultimate sexual act or solicitation to commit an ultimate
sexual act, whether or not said ultimate sexual act is normal or perverted, actual or
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simulated, including masturbation, cunnilingus, fellatio, anilingus, or excretory functions.
(c) Any act prohibited by paragraph (4) or (5) of subsection (a) of this section may be
deemed to have occurred or to have been committed at the place at which the telephone call
was either made or received.
(d) (1) A person commits harassment by stalking if directly or indirectly through another
person, such person knowingly:
(I) Makes a credible threat to another person and, in connection with
such threat, repeatedly follows that person or a family or household member
of that person; or
(II) Makes a credible threat to another person and, in connection with
such threat, repeatedly communicates with that person or a family or
household member of that person, whether or not a conversation ensues.
(2) For purposes of this subsection (d):
a. "Credible Threat" means a threat which would cause a reasonable
person to be in fear for the person's life or safety or the life or safety of
his/her family or household member(s);
b. "Family or Household Member(s)" is as defined in 16-110 (a) (3).
c. "In connection with" means acts occurring either before, during, or after
the credible threat; and
d. "Repeatedly" means on more than one occasion.
Section 2. 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 3. 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, impair or invalidate the
remainder of this ordinance or its application to other persons or circumstances
Section 4.
This ordinance shall take affect ~ days after final publication.
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INTRODUCED, READ, AND ADOPTED on first reading by a vote of 7 to 0 on this
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-2I:thday of March , 1995, 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 ADri 1 24 , 1995, at 7'00 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
-L to ~, this 24thdayof Apri 1 , 1995.
SIGNED by the Mayor on this 25th day of ADri 1
, 1995
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Wanda Sang, City clhk -
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DAN WILDE, Mayor
1st Publication: Apri 1 6, 1995
2nd Publication: May 4, 1995
Jefferson Sentinel
Effective Date' May 19, 1995
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