HomeMy WebLinkAbout16 - OFFENSES-MISC
.
Ie
,
.
e
.
Chapter 16
OFFENSE8-MISCELLANEOUS*
Article I. In General
Sec. 16-1. Definitions.
Sec. 16-2. Legislative intent.
Sec. 16-3. Affirmative defenses.
Sec. 16-4. Violations.
Sec. 16-5. Attempts; aiding, abetting or advising.
Sees. 16-6-16-20. Reserved.
Article IT. Offenses Involving Personal Injury, Etc.
Sec. 16-21. Assault.
Sec. 16-22. Menacing.
Sec. 16-23. Criminal extortion.
Sec. 16-24. Reckless endangerment.
Sees. 16-25-16-40. Reserved.
.Article m. Offenses Against Property Rights
See. 16-41. Theft-Generally.
Sec. 16-42. Same-By check.
Sec. 16-43. Criminal mischief.
Sec. 16-44. Street signs.
Sec. 16-45. Posters.
Sec. 16-46. Trespassing.
Sec. 16-47. Defacing property.
Sec. 16-46. Criminal tampering.
Secs. 16-49-16-60. Reserved.
Article IV. Offenses Against Public Safety And Order
Division 1. Generally
Sec. 16-61. Disposition of dangerous containers.
Sec. 16-62. Storage vehicles for flammable liquids.
See. 16-63. Conta.D1in:ation of water.
Sec. 16-64. Protection of wildlife.
Sec._ 16-65. Physicians to report certain injuries.
Sec. 16-66. Thwing vehicles; soliciting towing business.
Sec. 16-67. Obstructing streets and sidewalks.
Secs. 16-6&-16-80. Reserved.
Division 2. Weapons
Sec.. 16-81.
Sec. 16-82.
Sec. 16-83.
Sec. 16-84.
Sec. 16-85.
Sec. 16-86.
Sec. 16-87.
Definitions.
Confiscation and disposition.
Carrying concealed deadly weapons.
Carrying, etc., illegal weapons.
Discharging firearms.
Brandishing, etc., deadly weapons.
Carrying, etc., where intoxicants are sold.
.State law reference-Home rule powers, Col. Canst. Art. XX, ~ 6.
Supp. No. 22
1023
Supp. No. 22
WHEAT RIDGE CITY CODE
.
Sec. 16-88. Missiles.
Sees. 16-89-16-100. Reserved.
Article v:. Offenses Against The Public Peace
Sec. 16-101. Disorderly conduct.
Sec. 16-102. Urination and defecation in public.
Sec. 16-103. Disturbing the peace.
Sec. 16-104. Indecent exposure.
Sec. 16-105. Disrupting lawful assembly.
Sec. 16-106. Loitering.
Sec. 16-107. Harassment; stalking.
Sec. 16-108. Unlawful interference-Educational institutions.
See. 16-109. Same-Public buildings and proceedings.
Sec. 16-110. Domestic violence.
Sec. 16-111. Violation restraining order.
Sec. 16-112. Violation of bail bond conditions.
Sees. 16-113-16-125. Reserved.
e
Article VI. Offenses Against Public Decency
Solicitation of alcohQlic beverages.
Possession of alcohol in public places; purchases_by or for minors;
sales to minors.
Sec. 16-128. Unlawful visual observation.
See. 16-129. Unlawful electric observation.
Sec. 16-130. Police investigative observations lawful.
Sec. 16.131. Possession of marijuana.
Sec. 16".132. Possession of injection devices.
Sec. 16-133. Drug paraphernalia.
Sees. 16-134-16-150. Reserved.
Sec. 16-126.
Sec. 16-127.
.
Article Vll. Offenses By Or Against Officers And Government
Sec. 16-151. False reports to autborities.
Sec. 16-152. Impersonation of police officer.
Sec. 16-153. Cou.nterfeit insignias.
Sec. 16-154. Impersonation of city officers and employees.
Sec. 16-155. Interference with public officers-At scene of disaster.
Sec. 16-156. Same-When in discharge of duties.
Sec. 16-157. Resi$ting arrest; escaping custody; rescuing prisoner.
See. 16-158. Disobeying; refusing to aid public officers.
Sec. 16-159. Using, etc., certain equipment _on vehicles.
Sees. 16-160-16-175. Reserved.
Article VITL Minors
Sec. 16-176. Furnishing cigarettes to minors.
Sec. 16-177. Possession of alcohol by minor.
Sec. 16-178. Harboring minors prohibited; exceptions.
Sec. 16-179. Curfew.
Sees. 16-180-16-200. Reserved.
e
Sec. 16-201.
Sec. 16-202.
Sec. 16-203.
Article IX. Prostitution
General prohibition.
Solicitation prohibited.
Keeping a place of prostitution.
.
1024
.
e
.
e
.
Supp. No. 22
OFFENSES-MISCELLANEOUS
Sec. 16-204. Patronizing a prostitute.
See. 16-205. Promoting prostitution.
Sec. 16-206. Public indecency.
Sees. 16-207-16-216. Reserved.
Sec. 16-217.
Sec. 16-218.
Sec. 16-219.
Sec. 16-220.
Sec. 16-221.
Sec. 16-222.
Sec. 16-223.
Sec. 16-224.
Sec. 16-225.
See. 16-226.
Sec. 16-227.
Sec. 16-228.
Article x.. Massage Parlors
Definitions.
Authority.
Purpose of article.
Massaging persons of opposite sex.
Right of entry.
Declaration of nuisance.
License-Required.
Same-Prerequisites.
Same-Application.
Same-Persons and establishments exempted.
Apprentices. -
Fees.
1025
OFFENSES-NnSCELLANEOUS
!il6-4
e
ARTICLE I. IN GENERAL
e
Sec. 16.1. DefInitions.
(a) The terms used in this chapter shall be as
defined in C.R.S. Tit. 18 [S 18-1-101 et seq.], as
amended, or as used in their ordinary, usual and
accepted sense and meaning.
(b) In this chapter "public place" includes any
place commonly or usually open to the general
public or to which members of the general public
may resort, or accessible to members of the gen-
eral 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.
(c) In this chapter, "cocaine" means coca leaves,
except coca leaves and extracts of coca leaves from
which cocaine, ecgonine or their salts have been
removed; cocaine, its salts, optical and geometric
isomers, and salts of isomers; ecgonine, its deriv-
atives, their salts, isomers and salts of isomers; or
any compound, mixture or preparation which con-
tains any quantity of any of the substances re-
ferred to in this definition.
(d) Section 1-2 applies to this chapter_
(Code 1977, SS 14-67, 14-68; Ord. No. 1988-761, !i
1(14-67), 6.13-88; Ord. No. 1994-971, S 2, 6-13-94)
Sec. 16.2. Legislative intent.
It is the intent and purpose of this chapter not
to cover and include those offenses which are fel-
onies under state law and this chapter shall be so
construed, notwithstanding any language con-
tained in the chapter which might otherwise be
construed to the contrary.
(Code 1977, S 14-66)-~ ~.
Sec. 16.3. Affirmative defenses.
.
The affirmative defenses available in C_R.S. tit.
18, Art. 1, pt. 7 Is 18-1-701 et seq.] shall be avail-
Supp. No. 13
able as affirmative defenses to prosecutions in the
municipal court under those provisions covered
by this chapter.
(Code 1977, S 14.65)
Sec. 16.4. Violations.
(a) It is unlawful for any person to violate any
of the provisions nf this chapter, and any such
violation shall be punisbed as is hereinafter pro-
vided.
(b) Every person who, at the time of commis-
sion of the offense, was at least eighteen (18) years
of age, and who is subsequently convicted of or
pleads guilty or nolo contendere to a violation of
any provision of this chapter shall be punished by
a fine of not less than twenty-five dollars ($25.00)
but not exceeding nine hundred ninety-nine dol-
lars ($999.00) per violation or count, or by impris-
onment not exceeding one hundred eighty (180)
days, or by both such fine and imprisonment. Any
voluntary plea of guilty or nnlo contendere to the
original charge or to a lesser or substituted charge
shall subject the person so pleading to all fines
and/or penalties applicable to the original charge.
Any restitution ordered by the court shall be in
addition to any such fine or imprisonment; pro-
vided, however, that nothing contained herein
shall empower the court to subject any person
under the age of eighteen (18) to any imprison-
ment as a portion of a penalty for violation of any
provision of this chapter.
(c) Every person who, at the time of commis-
sion of the offense, was at least ten (10) but not yet
eighteen (18) years of age, and who is subsequently
convicted or pleads guilty or nolo contendere to a
violation of any provision of this chapter shall be
punished by a fine of not less than twenty-five
dollars ($25.00) but not exceeding nine hundred
ninety-nine dollars ($999.00) per violation or count.
Any voluntary plea of guilty or nolo contendere to
the original charge or to a lesser or substituted
charge shall subject the person so pleading to all
fines and/or penalties applicable to the original
charge. Any restitution ordered by the court shall
be in addition to any such fine. Nothing in this
section shall be construed to prohibit incarcera-
tion in an appropriate facility, at the time of
charging, of a juvenile violating any section of
1027
~ 16.4
WHEAT RIDGE CITY CODE
this chapter, or in the event of issuance of a war-
rant resulting from a violation of any section of
this chapter.
(d) Authority is hereby expressly granted to the
judges of the municipal court to award, as resti-
tution to any victim of any action specified as un-
lawful in this chapter, an amount equal to the
actual damages suffered by the victim, and to order
any person found, or pleading, guilty to any such
violation to pay such restitution as ordered by the
court. Such restitution shall be determined by the
submission of a bill of costs by the victim to the
court on a form approved by the court, but the
court shall be limited to awarding as such resti-
tu tion only actual costs incurred by the victim.
Authority is expressly granted to the court to order
such restitution for any and all costs incurred by
public safety anellor emergency response agencies
of the city or other governmental or quasi-
governmental entities in connection with the ini-
tial response to and all subsequent followup in-
vestigation of violation in the case of violation
under section 16-151. Any restitution ordered by
the court shall be in addition to any frne, anellor
imprisonment authorized by this Code, and shall
likewise be applicable to any situation in which
deferred judgment or deferred sentence is accepted
anellor imposed by the court.
(Code 1977, ~ 14-69; Ord. No_1988-756, ~2(14-75),
5-23-88)
Sec. 16-5. Attempts; aiding, abetting or ad-
vising.
(a) Attempts. It shall be unlawful for any person
to engage knowingly in conduct constituting a sub-
stantial step toward the commission of an offense
which would constitute a violation of any section
of this chapter. A substantial step is any conduct,
whether act, omission1 or possession which is
strongly corroborative of the firmness of the ac-
tor's purpose to complete the commission of the
offense.
(b) Aiding or advising_ It shall be unlawful for
any person knowingly to aid another in a commis-
sion of an offense which would constitute a viola.
tion ofthis chapter. A person who engages in con-
duct intending to aid another to commit an offense
commits criminal attempt, if the person aids,
Supp. No. 13
e
abets, or advises the other person in planning or
committing the offense, even if the other person is
not guilty of committing or attempting the of-
fense_
(Ord. No. 1988-761, ~ 2(14-68), 6-13-88)
Sees. 16-6-16-20. Reserved.
ARTICLE II. OFFENSES INVOLVING
PERSONAL INJURY, ETC.*
Sec. 16-21. 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.
(Code 1977, ~ 14-28)
State law reference-Similar provisions. C.R.S. 9 18.3.204
et seq.
Sec. 16-22. Menacing.
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, that if such menacing is
with the use of a deadly weapon, this section shall
not apply.
(Code 1977, ~ 14-29)
State law reference-Similar provisions, C.R.S. S 18-3-
206.
e
Sec. 16-23. 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 prop'
erty, economic well-being or reputation of another
with intent thereby to induce another, against his
will, to do an act or refrain ffom doing a lawful
act.
(Code 1977, ~ 14-30)
State law reference-Similar provisions, C.R.S. f 18.3-
207.
oe
.State law reference-Offenses against the person. C.R.S.
9 18-3-101 et seq.
1028
.
.
.
.
.
OFFENSES-MISCELLANEOUS
~ 16-42
Sec. 16-24. Reckless endangerment.
It is unlawful for any person to recklessly
engage in conduct which creates substantial risk
of serious bodily injury to another person.
(Code 1977, ~ 14-31)
State law refereDce-Similar provisional C.R.S. ~ 18-3-
208.
Sees. 16-25-16-40. Reserved.
ARTICLE m. OFFENSES AGAINST
PROPERTY RIGHTS
Sec. 16-41. Theft-Generally.
(a) It is unlawful for any person to knowingly
obtain or exercise possession of or control over
anything of value of another without authoriza-
tion, or by threat or deception; and; if such person:
(1) Intends to deprive the other person per-
manently of the use or benefit of the thing
of value; or
(2) Knowingly uses, conceals or abandons the
thing of value in such manner as to de-
prive the other person permanently of its
use or benefit; or
(3) Uses, conceals or abandons the thing of
value intending that use, concealment or
abandonment will deprive the other per-
son permanently of its use and benefit; or
(4) Demands any consideration to which he is
not legally entitled as a condition of re-
storing the thing of value to the other
person.
(b) This section shall not apply when the ag-
gregate value of the items taken in anyone (1)
criminal episode is valued at five hundred dollars
($500.00) or more, nor where 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.
(Code 1977, ~ 14-50.1; Ord. No. 1992-900, ~ 1,
7-13-92; Ord. No. 1997-1084, ~ 1, 7-28-97; Ord.
No. 1997-1086, g 1,8-11-97)
State law reference-Similar provisions, C.R.S. ~ 18-4-
401.
Supp. No. 20
Sec. 16-42. Same-By check.
(a) It is unlawful for any person to issue or
pass a check as payment for any goods, services or
other thing of value, or in exchange for cash when
that person knew that, at the time of the issuance
of the check, insufficient funds existed In the
account being drawn upon to cover this and all
other checks outstanding at the time of issuance.
(b) It is unlawful for any person to issue or
pass a check as payment for any goods, services or
other thing of value, or in exchange for cash when
that person, having been notified either by the
drawee upon which the check was drawn, or by
the person or firm to which the check was origi-
nally issued, that the check has been twice re-
fused for insufficiently of funds, and fails to make
good the check within fourteen (14) days of that
notification. It shall constitute a prima facie vio-
lation of this subsection that the person or firm to
which the check was originally issued:
(1) Obtained at least two (2) types of identi-
fication from the drawer, at the time of
acceptance of the check; and
(2) Obtained an address of the drawer of the
check, at the time of acceptance of the
check; and
(3) Presented the check to the drawee for
acceptance or refusal for the first time
within thirty (30) days of the date of
issuance of the check, and;
(4) Upon twice presenting the check to the
drawee and having twice received the
check returned for insufficiency of funds,
the person or firm to whom the check was
originally issued shall send a letter noti-
fying the drawer of the refusal of the
drawee to accept the check, and requiring
restitution within fourteen (14) days. Said
letter shall be sent to the address listed in
subparagraph (l)b. above by way of the
U.S. Postal Service, certified mail, return
receipt requested. The return receipt, or
the letter marked "unclaimed," shall be
conclusive proof of compliance with the
notice requirements of this section; and
(5) Fifteen (15) days following the date of
delivery, or attempted delivery, of said
1029
* 16-42
WHEAT RIDGE CITY CODE
letter of notification, the drawer has failed
to respond and make payment in. full for
the amount owed on the check and all
reasonable charges incurred as a result of
the return of the check.
(c) It is unlawful for any person to stop pay-
ment or cause payment to be stopped on any
check issued or passed as payment for any goods,
service or other thing of value, or in exchange for
cash, when that person does so with the intent to
defraud.
(d) It is unlawful for any person to open a
checking account, negotiable order of withdrawal
account, or share draft account using false iden-
tification or an assumed name, for the purpose of
and with the intent of committing theft by check.
(e) Nothing in this section shall apply where
the value of the check exceeds four hundred
dollars ($400.00), 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 with an aggregate
value of four hundred dollars ($400.00) 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 involving the issuance of bad checks or theft
or fraud by check.
(f) A bank, a savings and loan association, an
industrial bank, or a credit union shall not be
civilly or criminally liable for releasing informa-
tion relating to the drawer's account to any police
authority or officer of the court of this city the
release of which is for the purpose of investigation
or prosecuting a violation of this section.
(g) In imposing a penalty for violation of this
section, the municipal court is specifically autho-
rized and empowered to require restitution in full
to the person or entity to whom any such check
described herein was issued as a portion of, and/or
in addition to, any other penalty deemed appro-
priate by the court.
(Code 1977, S 14-50.2; Ord. No. 1992-900, S 2,
7-13-92)
State law reference-Similar provisions, C.R.S. ~ 18-5-
205.
Supp. No. 20
Sec. 16-43. 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 dam-
age in anyone (1) criminal episode to such real or
personal property is four hundred dollars ($400.00)
or more, or where the damage is effected by
means of fire or explosives or with the intent to
defraud.
(Code 1977, S 14-50; Ord. No. 1990-900, S 3,
7-13-92)
State law reference-Similar provisions, C.R.S. ~ 18-4-
501.
Sec. 16-44. Street signs.
It is unlawful for any unauthorized person to
willfully remove, deface, injure, damage or de-
stroy 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 ($100.00) or more.
(Code 1977, SI4-51)
Sec. 16-45. Posters.
It is unlawful for any person to intentionally
tear down, deface or cover up any lawfully posted
advertisement or bill of any person or entity;
provided, that this section shall not apply to any
person showing the lawful right or authority to
tear down, deface or cover up any such advertise-
ment or bill.
(Code 1977, SI4-52)
State law reference-Defacing posted notice, C.R.S. ~
18-4-510.
Sec. 16-46. Trespassing.
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 nonnavigable freshwater stream
flowing through, or banks or beds of any lake,
pond or other body of water situate upon real
1030
.
.
.
.
.
.
e
.
e
.
OFFENSES-MISCELLANEOUS
~ 16-63
property, belonging to a person or entity other
than the person so entering or remaining there-
upon.
(Code 1977, 9 14-56)
State law reference-Trespassing, C.R.S. ~~ 18-4-503,
18-4-504.
Sec. 16-47. Defacing property.
(a) It shall be unlawful for any person to
deface or cause, aid in, or permit the defacing of
public or private property without the consent of
the owner by painting, drawing, writing or mark-
ing by use of paint, spray paint, ink or by any
other method of defacement.
(b) "Deface, " as used in subsection (a) shall
include, but not be limited to, the writing, paint-
ing, inscribing, drawing, scratching, scribbling or
any other unauthorized marking upon any wall or
surface owned, operated or maintained by any
person, unless there is written permission for said
writing, painting, inscribing, drawing, scratching
or scribbling.
, (Ord. No. 1995-988, 9 1, 1-23-95)
Sec. 16-48. Criminal tampering.
A person commits the crime of criminal tam-
pering if such person tampers with property of
another with intent to cause injury, inconvenience
or annoyance to the person or to another.
(Ord. No. 1998-1149, 9 1, 1-11-99)
Sees. 16-49-16-60. Reserved.
ARTICLE IV. OFFENSES AGAINST
PUBLIC SAFETY AND ORDER
DMSlON 1. GENERALLY
Sec. 16-61. Disposition of dangerous contain-
ers.
(a) It is unlawful for any person to discard,
abandon or leave in any place accessible to chil-
dren any refrigerator, icebox, deep-freeze locker,
stove, oven, trunk or any self-latching container
having a capacity of one and one-half (1'12) cubic
feet or more, which is no longer in use, and which
has not had the door removed or the hinges and
Supp. No. 22
such portion of the latch mechanism removed so
as to prevent latching or locking of the door; or for
any owner, lessee or manager to knowingly per-
mit 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 so 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 refrigera-
tor, icebox, deep-freeze locker, stove, oven, trunk
or self-latching container so as to prevent en-
trance by children small enough to fit therein.
(Code 1977, 9 14-32)
State law reference-Similar provisions, C.R.S. ~ 18-13.
106.
Sec. 16-62. Storage vehicles for flammable
liquids.
It is unlawful to store or cause to be stored or
parked, except for unloading, any vehicle used for
the purpose of storing of flammable liqnids, gases,
explosives or toxicants, upon any streets or ways
or avenues ofthe city or any other part of the city,
except those areas zoned for such uses.
(Code 1977, 9 14-33)
Sec. 16-63. Contamination of water.
It is unlawful for any person to throw or
deposit or cause or permit to be thrown or depos-
ited in any stream, storm or sanitary sewer, ditch,
pond, well, cistern, trough or other body of water,
whether artificially or naturally created, or so
near thereto as to be liable to pollute the water
thereof, any offal composed of animal or vegetable
substance or both, any dead animal, sewage,
excrement or garbage, trash or debris, any waste
fuel, oil or other petroleum-based product, paint,
1030.1
~ 16-63
WHEAT RIDGE CODE
chemical, whether liquid or solid, scrap construc-
tion material or any other materials that may
cause the water to become contaminated.
(Code 1977, ~ 14-40)
Sec. 16.64. Protection of wildlife.
(a) Shooting, capturing, etc., prohibited. Ex-
cept as otherwise provided in this section, it is
unlawful tn willfully shoot, capture, harass, in-
jure or destroy any wild bird or animal or tn
attempt to shoot, capture, harass, injure or ~de-
stroy any such wild bird or animal anywhere
within this city.
(b) Disturbing, etc., nests, burrows, etc.,prohib-
ited. 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) Terms defined. In this section:
(1) Wild bird includes all undomesticated birds
native to North America and undomesti-
cated game birds implanted in North Amer-
ica by governmental agencies and any
domestic duck or goose released by any
private person or recreational authority
upon any recreational area within this
city.
(2) Wild animal includes any animal native
to the state, but does not include rattle-
snakes, fish or any species of amphibians,
Norway rats or common house,mice.
(3) Humane trap includes any trap which
does not cause physical injury, pain or
suffering of a trapped animal. Steel-jaw
leg hold traps and snares are specifically
excluded from this definition, but the city
shall not be precluded from determining
that any other type of trap is also ex-
cluded from this definition.
(4) Causing damage on land, as provided
herein, shall mean physical injury tn build-
ings or improvements or destruction or
injury of domestic animals or pets law-
fully kept thereon.
Supp. No. 22
(d) Application to city and state employees. The
provisions of this section shall apply to the per-
sonnel of any police, fire or animal control agency
or to the state division of wildlife or department of
health or other state or federal agency, and all
City of Wheat Ridge employees when such per-
sons are acting within the scope of their official
duties as employees of such agencies.
(e) State-protected birde and animals. The pro-
visions of this section are not intended to allow
the destruction of any bird or animal protected by
state or federal law. ~
(1) When trapping permitted. If any wild bird
or animal is causing damage on lands within the
city owned or leased by any person, such person
or any member of his family, or his agent, may
trap such wild bird or animal, subject to the
provisions of this section.
(g) Provisions for trapping. Trapping of ani-
mals shall follow the provisions set out below:
(1) When deemed necessary by police officers
or the animal park enforcement officer for
the health, safety and welfare of the res-
idents of the city, such officers and/or
their agents may place a humane trap on
city property or other property within the
city when the property owner requests
such humane trap for the purpose of cap-
turing any wild or pet animal creating a
nuisance in the city. Provided, however,
that no trap of any kind shall be set upon
any property without notification tn and/or
permission from the owner of such prop-
erty.
(2) Any person who traps an animal pursu-
ant tn the provisions of this section shall
immediately notify police department of
such trapping. The police department shall
have the exclusive right and authority to determine, the disposition of any such
trapped animal.
(3) Animal park enforcement officers are au-
thorized to use any tranquilizer guns,
firearms, humane traps or other suitable
devices to subdue or destroy any animal
that is deemed by the animal park enforce-
1030-2
.
e
.
.
.
.
e
.
.
.
OFFENSE&-MffiCELLANEOUS
U6-81
ment officer, in his discretion, to be a
danger to itself or to the public health and
safety.
(4) It shall be unlawful for any person to set
or cause to be set within the city any
steel-jaw leg-hold trap, snare or any trap
other than a humane trap, for the purpose
of capturing any animal, whether wild or
domestic.
(Code 1977, S 14-41; Ord. No. 1993-923, SS 1, 2,
4-12-93; Ord. No. 1994-961, SS 1-4, 4-25-94)
State law references-Wildlife, parks and outdoor recre-
ation, C.RS. ~ 33-1-101 et seq.; cruelty to animals, C.RS. ~
18-9-202.
Sec. 16-65. Physicians.to report certain in-
juries.
Every physician in the city who attends or
treats a bullet wound, a gunshot wound, a powder
burn, or any other injury arising from the dis-
charge of a firearm, or an injury caused by a knife,
an ice pick, or any other sharp or pointed instru-
ment which he believes to have been intentionally
inflicted upon a person, or any other injury which
he has reason to believe involves a criminal act to
report such injury at once to the city police.
(Code 1977, S 14-27)
State law reference-Similar provisions, C.R.S. ~ 12-36-
135.
Sec. 16-66. Towing vehicles; soliciting tow-
ing business.
(a) It is unlawful for any person to drive or
cause any tow truck or vehicle equipped to pro-
vide towing service to be driven to, or to stop or
park any such vehicle or cause such vehicle 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 by 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 or other
peace officer attending the scene.
(b) It is unlawful for any person to solicit any
other person at or near the scene of any fire,
explosion, traffic accident or other disaster, for
the purpose of procuring towing business; that is,
Supp. No. 22
for the purpose of securing authorization or agree-
ment 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.
(Code 1977, S 14-26)
Sec. 16-67. Obstructing streets and side-
walks.
It is unlawful for any person to willfully, mali-
ciously or recklessly 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 object which causes or
tends to cause the obstruction thereof or of any
part thereof.
(Code 1977, S 14-54)
Sees. 16-68-16-80. Reserved.
DIVISION 2. WEAPONS*
Sec. 16-81. Dexmitions.
. The following words, terms and phrases, when
used in this division, shall have the meanings
ascribed to them in this section, except where the
context clearly indicates a different meaning:
Blru:.kjru:.k means any billy, sandclub, sandbag,
sap or other hand-operated striking weapon con-
sisting, 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 (2) or more separate portions, linked to-
gether by a chain, strap or other fastener, which
configuration is designed to increase the striking
force or impact of the device or article.
Concealment 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 hid-
den so as to make it immediately available for use
in the fashion in which the weapon is designed to
be used.
.Cross reference-Weapons in parks, ~ 17-37.
State law reference-Weapons generally, C.RS. ~ 40-11.
101 et seq.
1030.3
~ 16-81
WHEAT RIDGE CODE
Crossbow means 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.
Firearm means any pistol, revolver, self-load-
ing pistol, rifle, shotgun or any other device
designed to shoot, project, throw or hurl a projec-
tile or projectiles by means of the explosion of
gunpowder or other explosive substance.
Gravity knife means 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, level or other device.
Knife means any dagger, knife, bayonet,
straightrazor, dirk, machete, stiletto, sword or
swordcane with a blade over three and one-half
(3'12) 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 custom-
arily used in hunting, fishing or camping when
such is being carried for sporting use; and does
not include any instruments being used in pursu-
ance of a lawful home use, trade, occupation or
profession or otherwise being lawful under fed-
eral or state statutes, or being used as an item of
display or a collector's item in any home or place
of business.
Switchblade knife means any knife, the blade
of which opens automatically by manual pressure
applied to a button, spring or other device in its
handle.
(Code 1977, S 14-57)
Cross reference-Definitions and roles of construction
generally, ~ 1-2.
Sec. 16-82. Confiscation and disposition.
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 provi-
Supp. No. 22
sions of this division, to keep and place such
weapon in such place of safekeeping as may be
directed by the chief of police, until the final
determination of the prosecution for any offense
in the prosecution of which such weapon may be
evidence. Upon entry of a final judgment of guilt,
the chief of police or his designee shall make such
disposition of such weapon as may be ordered by
the municipal court or other court having juris-
diction, and in the absence of such order, such
disposition shall be as provided by chapter 19,
article IV or by law.
(Code 1977, S 14-62)
Sec. 16-83. Carrying concealed deadlyweap-
ons.
(a) It is uulawful for any person to knowingly
carry a knife or firearm concealed on or about his
person; provided, 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 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 per-
sons who possess a valid permit or license to
conceal such weapon or weapons, which license or
permit was duly issued pursuant to applicable
state or federal law.
(Code 1977, S 14-58)
State law reference-Similar provisions, C.R.S. ~ 18-12~
105.
Sec. 16-84. Carrying, etc., illegal weapons.
(a) It is unlawful for any person to knowingly
carry, conceal or cause to be concealed in any
vehicle or to use any blackjack, gravity knife,
multifixed bladed stellate throwing knife,
switchblade knife or brass or metallic knuckles.
1030.4
.
.
.
.
.
.
fe
.
e
.
OFFENSES-MISCELLANEOUS
~ 16-101
(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.
(Code 1977, S 14-59)
State law reference-Similar provisions, C.RS. ~ IS-12M
102.
Sec. 16-85. Discharging firearms.
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 dis-
charge or cause to be discharged any firearm
within or into the limits ofthe city; provided, that
this section shall not apply to persons discharging
firearms in shooting galleries or at shooting ranges,
where such firearms may be discharged so as not
to endanger persons or property and the projec-
tiles from such firearms are prevented from tra-
versing 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.
(Code 1977, S 14-60)
Sec. 16-86. Brandishing, etc., deadly weap-
ons.
(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 ex-
cuse, justification or purpose, aim or point a
firearm at another person; provided, that the
provisions of this section shall not apply to any
situation that constitutes a felony under state
law.
(b) In this section "deadly weapon" includes
firearms, knives, hatchets and dangerous clubs.
(c) Nothing in this section 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.
(Code 1977, S 14-61)
Sec. 16-87. Carrying, etc., where intoxicants
are 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
Supp. No. 22
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 state or
federal law to carry such weapon concealed, nor to
persons carrying such weapons in their place of
business or having control of the premises at the
time of the act of carrying.
(Code 1977, S 14-63)
Sec. 16-88. Missiles.
It is unlawful for any person to willfully, mali-
ciously or recklessly throw, shoot or project any
stone, arrow, pellet, dart, ball bearing, or other
dangerous missile at or against the person, ani-
mal, building, structure, personal property, fix-
ture or vehicle of another; except, that the provi-
sions of the section shall not apply to a person
throwing, projecting or shooting any such danger-
ous missile at any animal in order to protect his
person or property or the person or property of
another from physical injury.
(Code 1977, S 14-64; Ord. No. 1998-1131, S 1,
9-14-98)
Sees. 16-89-16-100. Reserved.
ARTICLE V. OFFENSES AGAINST THE
PUBLIC PEACE*
Sec. 16-101. Disorderly conduct.
(a) It is unlawful for any person to intention-
ally, 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.
(3) Fight with another in a public place, ex-
cept as a participant in a sporting event.
.State law reference-Offenses against public peace,
order aod decency, C.R.S. ~ 18.9-101 et seq.
1031
~ 16-101
WHEAT RIDGE CODE
(b) It is an affirmative defense to prosecution
under paragraph (2) of subsection (a) of this
section that the actor has significant provocation
for his abusive or threatening conduct.
(Code 1977, ~ 14-44)
Sec. 16-102. Urination and defecation in pub-
lie.
(a) It is unlawful for any person to urinate or
defecate in a public place, or at any other location
where such conduct is observed by another person
who has a legal right to be present at the location
from which the conduct was observed.
(b ) Nothing in this section shall be construed
to prohibit the normal use of public facilities
specifically designed and intended for the use of
voiding human bodily wastes.
(Code 1977, ~ 14-44.1)
Sec. 16.103. Disturbing the peace.
(a) It is unlawful for any person to operate or
permit the operation. of a device designed to
produce or reproduce sound at such a level, or at
such an hour, as to disturb the peace of any other
person. Such devices shall include but not be
limited to televisions, radios, phonographs, musi-
cal equipment, sound- or voice-amplification sys-
tems, or other similar device.
(b) It is unlawful for any person to operate or
permit the operation of a device, which although
not specifically designed for sound production or
reproduction, creates sound at such a level, or at
such an hour, as to disturb the peace of any other
person. Such devices shall include but not be
limited to motor vehicles, motorcycles, chain saws,
gardening and constructions devices, or other
similar device_n
(c) It is unlawful for any person or group of
persons to conduct themselves in such a manner
as to create sound at such a level or at such an
hour, as to disturb the peace of any other person.
(d) For purposes of this section, conduct de-
fined and proscribed in subsections (a), (b), and (c)
hereof shall be deemed prima facie violations of
Supp. No. 22
this section if they occur, or are audibly percepti-
ble on the property of another, between 11:00 p.m.
and 7:00 a.m.
(Code 1977, ~ 14-44.2)
Sec. 16-104. 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 top of the areola to the view of any person
under circumstances in which such conduct is
intended to, or is reasonably likely to, cause
affront, upset or alarm to the other person.
(Code 1977, ~ 14-44.3)
Sec. 16-105. Disrupting lawful assembly.
It is unlawful for any person to disrupt a lawful
assembly if, with the intent to prevent or disrupt
any lawful meeting, procession or gathering, he
significantly obstructs or interferes with the meet-
ing, procession or gathering by physical action
verbal utterances or by any other means.
(Code 1977, ~ 14-45)
State law reference-SimiIar provisions, C.R.S. ~ 18-9-
108.
See. 16-106. Loitering.
(a) In this section "to loiter" means to be dila-
tory, to stand idly, 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 ilEling there and not having
written permission from a school administrator.
(c) Lawful acts in the course of lawful assem-
bly 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.
(Code 1977, ~ 14-46)
State law reference-Similar provisions, C.R.S. ~ 18-9-1
12.
1032
.
e
.
.
.
.
i.
I
.
e
.
OFFENSE8-MISCELIAl\!EODS
~ 16-108
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 an-
other person.
(3) Follow a person in or about a public place
or places_
(4) Initiate communication with another, anon-
ymously or otherwise, either in person or
by telephone, in a manner intended to
harass or threaten bodily injury or prop-
erty damage, or which includes any com-
ment, request, suggestion, or proposal
which is obscene.
(5) Make a telephone call or cause a tele-
phone to ring repeatedly, whether or not a
conversation ensues, with no purpose of
legitimate conversation.
(6) Makes repeated communications at incon-
venient hours that invade the privacy of
another and interfere in the use and en-
joyment of another's home or private res-
idence or other private property.
(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 simulated, including mas- .
turbation, cunnilingus, fellatio, anilingus, or ex-
cretory functions.
(c) Any act prohibited by subsections (a)(4) or
(5) ofthis 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.
Supp. No. 22
(d) A person commits harassment by stalking
if directly or indirectly through another person
such person knowingly 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 makes a
credible threat to another person and, in connec-
tion with such threat, repeatedly communicates
with that person or a family or household member
of that person, whether or not a conversation
ensues.
For purposes of this subsection (d):
(1) "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 hislher family or house-
hold member(s);
(2) ''Family or household members{s)" is as
defined in section 16-110(a)(3);
(3) "In connection with" means acts occurring
either before, dUring, or after the credible
threat; and
(4) "Repeatedly" means on more than one
occasion.
(Code 1977, ~ 14-47; Ord. No. 1988-757, ~ 1,
5-23-88; Ord. No. 1995-999, ~ 1, 4-24-95)
State law reference-Similar provisions, C.RS. ~ 18-9-
U1.
Sec. 16-108. Unlawful interference-Educa-
tional institutions.
(a) It is unlawful for any person on or near the
premises or facilities of any educational institu-
tion to willfully deny to students, school officials,
employees and invitees:
(1) Lawful freedom of movement on the prem-
ises.
(2) Unlawful use of the property or facilities
of such institution.
(3) The right of lawful ingress and e~ess to
the institution's physical facilities.
(b) It is unlawful for any person on the prem-
ises of any educational institution or at or in any
building or other facility being used by any edu-
cational institution to willfully impede the staff or
1033
~ 16-108
WHEAT RIDGE CODE
faculty of such institution in the lawful perfor-
mance of their duties or to willfully impede a
student of such institution in the lawful pursuit of
his educational activities through the use of re-
straint, 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, 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, threat-
ens to commit or incites others to commit any act
which would disrupt, impair, interfere with or
obstruct the lawful missions, processes, proce-
dures 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 educa-
tional institution and its employees, any contrac-
tor or subcontractor or any employee thereof.
(Code 1977, 9 14-48)
State law reference-Similar provisions, C.R.S. ~ 18-9-
109.
Sec. 16-109. Same-Public buildings and pro-
ceedings.
(a) It is unlawful for any person to so conduct
himself at or in any public building owned, oper-
ated or controlled by the city, the state or any of
its political subdivisions, as to willfully deny to
any public official, public employee or any invitee
on such premises, the lawful rights of such offi-
cial, employee or invitee to enter, use the faCIlities
of or leave any such public building.
(b) It is unlawful for any person at or in any
such public building to willfully impede any pub-
lic 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 admin-
Supp. No. 22
istrative officer or his 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, 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 meet-
ing or session conducted by any judicial, legisla-
tive 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 the duties of such meeting or
session.
(e) It is unlawful for any person, by any act of
intrusion into the chamber or other areas desig-
nated 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.
(Code 1977, 9 14-49)
State law reference-Similar provisions, C.R.S. ~ 18-9-
110.
Sec. 16.110. Domestic violence.
(a) Definitions. Unless the text clearly re-
quires otherwise, the following words and phrases
shall have the meanings indicated:
(1) Domestic violence means an act or threat-
ened act of violence upon a person with
whom the actor is or has been involved in
an intimate relationship. Domestic vio-
lence also includes any other ordinance
violation committed against a person or
against property when used as a method
of coercion, control, punishment, intimi-
dation, or revenge directed against a per-
son with whom the actor is or has been
involved in an intimate relationship.
(2) Intimate relationship means a relation-
ship between spouses, former spouses,
past or present unmarried couples, or
1034
.
e
.
.
.
.
I
Ie
.
e
.
OFFENSES-MITSCELLANEOUS
~ 16-110
persons who are both parents of the same
child regardless of whether the persons
have been married or have lived together
at any time.
(3) Judicial day means any day in which the
court convenes or is formally in session.
(b) Vwlations. It shall be unlawful for any
person to commit an act of domestic violence.
(c) Sentencing:
(1) A person who is found guilty at trial or
who pleads guilty or no contest to a viola-
tion of this section, shall be guilty of a
misdemeanor punishable pursuant to sec-
tion 16-4 of this Code of Laws.
(2) In addition to any sentence which is im-
posed for a violation of this section, the
defendant shall be ordered to complete a
treatment program which is certified in
accordance with C.R.S. ~ 18-6-602. If an
intake evaluation conducted by a certified
treatment program provider discloses that
sentencing to a treatment program would
be inappropriate, the person shall be re-
ferred back to the court for alternative
disposition.
(3) In addition to any sentence which is im-
posed for a violation of this section, the
court may order treatment for drug or
alcohol abuse, counseling for mental health
disorders, community service work pro-
grams, parenting classes, and/or restrain-
ing orders.
(4) The probation department will provide
monthly reports to the court detailing the
information necessary to determine each
defendant's compliance with the treat-
ment program referred to in subsection
(cX2) above. The court will provide a copy
of that monthly report to the prosecuting
attorney's office, and, upon request, other
appropriate parties. Such reports are re-
quired for the purpose of providing u p-
dated information to victims of domestic
violence crimes, monitoring the compli-
ance of persons ordered into treatment,
assessing the effectiveness ofthe counsel-
Supp. No. 22
ing which is ordered and assessing the
effectiveness of the various counseling
programs used by the court.
(5) In a case in which the underlying facts
include an act of domestic violence, the
court shall not accept a plea of guilty or no
contest to an ordinance violation which
does not include the domestic violence
designation, unless the prosecuting attor-
ney makes a good faith representation on
the record that such attorney would not
be able to establish a prima facie case that
the defendant and the alleged victim were
currently or formerly involved in an inti-
mate relationship if the defendant were
brought to trial on the original domestic
violence offense. In a case in which the
underlying facts include an act of domes-
tic violence, the court shall not accept a
plea of guilty or no contest to an ordinance
violation which does not include the do-
mestic violence designation, unless there
is a good faith representation by the pros-
ecuting attorney that such attorney would
be unable to establish a prima facie case if
the defendant were brought to trial on the
original offense.
(6) A person charged with a violation of this
section is not eligible for deferred prose-
cution or for home detention in the home
of the victim.
(7) A person charged with a violation of this
section is eligible for a deferred judgment
and sentence only if such person has no
prior conviction of domestic violence in
this or any other jurisdiction. A person
granted a deferred judgment and sen-
tence pursuant to this section shall be
ordered to complete a treatment program
which is certified in accordance with C.R.S.
~ 18-6-602.
(8) Before granting probation or a deferred
judgment and sentence, the court shall
consider the safety of the victim and the
victim's children if probation or a deferred
judgment and sentence is granted.
(d) Evidence of similar transactions:
(1) Domestic violence is frequently cyclical in
nature, involves patterns of abuse, and
1035
~ 16-110
WHEAT RIDGE CODE
can consist of harm with escalating levels
of seriousness. Evidence of similar trans-
actions can be helpful and is necessary in
some situations in prosecuting ordinance
violations involving domestic violence.
(2) In prosecutions involving domestic vio-
lence in which the defendant and the
victim named in the complaint have en-
gaged in an intimate relationship as of
the time alleged in the complaint, evi-
dence of any other acts of domestic vio-
lence between the defendant and the vic-
tim constitutes other acts or transactions
for the purposes of this section and the
court may authorize the admission of ev-
idence as provided in subsection (3) of this .
section.
(3) The proponent of evidence of other acts or
transactions under this section shall ad-
vise the trial court by offer of proof of such
evidence and shall specify whether the
evidence is offered to show a common
plan, scheme, design, identity, modus
operandi, motive, or guilty knowledge or
for some other purpose.
(4) Upon the offer of proof under subsection
(3) of this section, the trial court shall
determine whether the probative value of
the evidence of similar acts or transac-
tions is substantially outweighed by the
danger of unfair prejudice to the defen-
dant, confusion of the issues, or mislead-
ing the jury if the evidence is allowed or
by considerations of undue delay, waste of
time, or needless presentation of cumula-
tive evidence.
(5) Upon admitting evidence of other acts or
transactions into evidence pursuant to
this section and again in the general charge
to the jury, the trial court shall direct the
jury as to the limited purpose for which
the evidence is admitted and for which
the jury may consider it.
(e) Duties of the municipal court. Because of
the serious nature of domestic violence, the court
in domestic violence actions:
(1) Shall not dismiss any charge or delay
arraignment or disposition because of con-
current dissolution or other judicial pro-
ceedings.
Supp. No. 22
1036
(2) Shall waive any requirement that the
victim's location, residence and/or phone
number(s) be disclosed to any other per-
son unless such person shows the court by
clear and convincing evidence that the
possibility for further violence is slight
and the victim's location, residence and/or
phone number(s) is/are necessary for pur-
poses of formulating an affirmative de-
fense.
(3) Shall issue a mandatory restraining order
against the defendant pursuant to para-
graph (f) of this section and such other
pretrial orders which accommodate the
defendant's ability to acquire necessary
information and personal belongings with-
out subjecting the victim to the possibility
of further violence.
(4) Shall arraign domestic violence cases au
the next judicial day whenever possible,
but in no case shall arraignment occur
more than six (6) days after the date of
the arrest.
(5) Shall give domestic violence cases priority
on the docket.
(f)Mandatory restraining order against defen-
dant:
(1) There is hereby created a mandatory re-
straining order against any person charged
with any violation of domestic violence
pursuant to this section, which order shall
remain in effect from the time that the
person is advised of such order at such
person's arraignment or first court appear-
ance before the court until final disposi-
tion of the action or until further order of
the court. The provisions of the restrain-
ing order may be continued by the court
after sentencing if the court deems such
action reasonable and necessary. Such or-
der shall restrain the person charged from
harassing, molesting, intimidating, retal-
iating against, or tampering with any
witness to or victim of the act(s) charged.
A copy of the restraining order issued
pursuant to this section shall be provided
to the protected party(ies) by the court.
.
.
.
.
.
.
.
.
.
.
(2)
(3)
Supp. No. 22
OFFENSES-MISCELLAl'."EOUS
* 16-110
Upon motion of the prosecuting attorney,
or on the court's motion to protect the
alleged victim, the court may enter any of
the following further orders against the
defendant:
a. An order to vacate or stay away from
the home of the victim and to stay
away from any other location where
the victim is likely to be found;
b. An order to refrain from contact or
direct or indirect communication with
the victim;
c. An order prohibiting possession or
control offirearms or other weapons;
d. An order prohibiting possession or
consumption of alcohol or controlled
substances; and
e. Any other order the court deems
appropriate to protect the safety of
the alleged victim.
At the time of the defendant's arraign-
ment or first court appearance before the
court, the court shall inform the defen-
dant of the restraining order effective
pursuant to this section and shall inform
the defendant that a violation of such
order is punishable by contempt and may
result in further criminal charges. The
court shall state the terms ofthe restrain-
ing order issued pursuant to this section,
including any additional provisions added
pursuant to subsection (2) of this section,
to the defendant on the record and the
court shall further require the defendant
to acknowledge the restraining order as a
condition of any bond for the release of the
defendant. The court shall notify the al-
leged victim of the order if such person is
not present at the time the restraining
order is issued.
The defendant, victim, or the prosecuting
attorney may request a hearing before the
court to modify the terms of a restraining
order or to add terms to the restraining
order issued pursuant to this section. Upon
such a request, the court shall set a hear-
ing and the court shall send notice of the
(4)
hearing to the defendant and the victim.
At the hearing, the court shall review the
terms of the restraining order and any
further orders entered and shall consider
the modification(s) and/or propnsed addi-
tion(s) requested by the defendant, vic-
tim, or prosecuting attorney. No modifica-
tion(s) or addition(s) shall be made if the
victim is not present at the hearing and
notified of the modification(s) or addi-
tion(s) on the record, unless such modifi-
cation(s) or addition(s) is/are necessary to
comply with a conflicting county or dis-
trict court order. Notice of an amended
restraining order shall be made to the
defendant in open court on the record.
The victim shall be provided with a copy
of the amended restraining order.
(5) Restraining orders and amended restrain-
ing orders issued against the defendant
pursuant to this section shall be consid-
ered restraining orders in accordance with
the provisions of C.R.S. ~ 14-4-102, as
amended.
(6) Any person failing to comply with any
provision of a restraining order issued
pursuant to this section commits the crime
of violation of a restraining order and may
be punished as provided in section 16-111
hereafter.
(g) Hold pending arraignment. Whenever the
court finds a substantial likelihood that a defen-
dant, if released from custody, would commit an
additional act' of violence against the victim or
another family or household member which would
cause serious bodily injury or death to either the
victim or another family or household member,
the court may order that the defendant be held
without bond pending arraignment or advisement
of rights regarding the alleged offense. If the
court orders a hold pending arraignment, how-
ever, the defendant shall be arraigned for the
alleged offense on the next judicial day. For pur-
poses of deciding the propriety of a hold pending
arraignment, the court should consider, among
other evidence, the following:
(1) The nature and extent of the injuries
sustained by the victim in the offense
charged;
1037
S 16-110
WHEAT RIDGE CODE
(2)
The defendant's history of domestic vio-
lence against the victim or another family
or household member or of violence against
any person;
Any records of any law enforcement agency
regarding past contacts with the defen-
dant, the victim, or another family or
household member concerning domestic
violence committed by the defendant; and
Whether the information presented to the
court, taken as a whole, indicates a pat-
tern of escalation, either in frequency or
severity, in domestic violence acts by the
defendant.
(3)
(4)
(h) Appearance by the victim. Whenever a de-
fendant receives a summons and complaint for a
domestic violence violation, a police officer may
serve the victim with a subpoena to appear at the
same time and date scheduled for the defendant's
arraignment. Such subpoena to appear shall be
issued by the clerk of the municipal court and the
officer who serves the subpoena shall complete
the return of service and deliver it to the court. If
the victim appears and the matter is not resolved
by pretrial conference following the defendant's
arraignment, the court may order the victim to
appear at the date and time scheduled for the
defendant's trial and the victim shall receive a
copy of a notice to appear. The court shall exercise
its contempt and equity powers to compel the
appearance oCvictims_ which have been subpoe-
naed or otherwise ordered to appear.
(i) Service of orders. An order, summons and
complaint, subpoena or other document issued
pursuant to this section shall be personally served
upon the appropriate party by the police depart-
ment, sheriff, or private process server.
(1) Whenever necessary, a copy of the sum-
mons, subpoena or order shall be given to
the appropriate law enforcement agency
or private process server for service upon
the appropriate party. If a sheriff or pri-
vate process server requires fees for ser-
vice or mileage, such fees shall be paid.
Upon a conviction, the court shall assess
such service fees against the defendant.
Supp. No. 22
(2) If the police department, sheriff, or pri-
vate process server cannot complete ser-
vice within ten days or forty-eight (48)
hours before the date and time of appear-
ance, the police department, sheriff, or
private process server shall notify the
clerk ofthe court.
(3) Returns of service shall be made in accor-
dance with the applicable rules of the
court.
(Ord. No. 1989-811, ~ 1, 10-23-89; Ord. No. 1993-
922, ~ 1, 3-22-93; Ord. No. 1995-998, ~~ 1-4,
4-24-95; Ord. No. 1998-1148, ~ 1, 1-11-99)
Sec. 16-111. Violation of restraining order.
(a) It shall be unlawful for any person to
knowingly violate or fail to comply with the terms
of a restraining order issued and entered by a
municipal court judge pursuant to section 16-
110(e) above.
(b) It shall be unlawful for any person to
knowingly violate or fail to comply with the terms
of a contact limitation order issued and entered
by a municipal court judge pursuant to section
16-110(e) prior to April 24, 1995. This subsection
shall be automatically repealed on April 24, 1996.
(c) Any sentence imposed for violation of a
restraining order or contact limitation order shall
run consecutively and not concurrently with any
sentence imposed for any crime which gave rise to
the issuing of the order.
(d) Nothing in this section shall be construed
to alter or diminish the inherent authority of the
court to enforce its orders through civil or crimi-
nal contempt proceedings.
(e) No person charged with a violation of any
order pursuant to this sections shall be permitted,
in the criminal action resulting from such charges,
to collaterally attack the validity of the order
which such person is accused of violating.
(Ord. No. 1989-811, ~ 2, 10-23-89; Ord. No. 1995-
998, ~ 5, 4-24-95)
See. 16-112. Violation of bail bond condi-
tions.
It shall be unlawful for a person to knowingly
violate the conditions of the bail bond after re-
1038
.
.
.
.
.
.
e
.
e
.
OFFENSES-MISCELLANEOUS
~ 16-127
lease arising from an arrest for a violation of a
municipal ordinance. Any such sentence for a
violation of this section shall be served consecu-
tively with any sentence for the violation on
which the person is on bail.
(Ord. No. 1998-1150, ~ 1, 1-11-98)
Sees. 16-113-16-125. Reserved.
ARTICLE VI. OFFENSES AGAINST
PUBLIC DECENCY
Sec. 16.126. Solicitation of alcoholic bever-
ages.
(a) It is unlawful in any place of business
where alcoholic beverages are sold to be con-
sumed 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 allow the presence in such establish-
ment of any person who violated the provisions of
this section.
(Code 1977, ~ 14-42)
Sec. 16-127. Possession of alcohol in public
places; purchases by or for mi-
nors; sales to minors.
(a) It is unlawful for any person to consume
any fermented malt beverage or any malt, vinous
or spirituous liquor in any public place, or upon
property owned, operated, leased or maintained
by the state or any political subdivision or agency
thereof, or upon property owned, operated, leased
or maintained by the city; provided, however, that
it shall not be a violation of this provision to store
or consume any fermented malt beverage, or any
malt, vinous or spirituous liquor in conformance
with, and pursuant to the terms of any validly
issued permit or license or as provided in section
17-47.
(b) It is unlawful for any person to possess for
purposes of immediate consumption any open or
unsealed container of any fermented malt bever-
age or any malt, vinous or spirituous liquor,
Supp. No. 22
whether such possession is actual or constructive,
in a public place or upon property owned, oper-
ated, leased or maintained by the state or any
political subdivision or agency thereof, or upon
property owned, operated, leased or maintained
by the city. Symptoms of alcohol intoxication, or
the odor of an alcoholic beverage on the breath of
a person in possession of any open or unsealed
container of any fermented malt beverage or any
malt, vinous or spirituous liquor, shall be prima
facie evidence of possession for purposes of imme-
diate consumption. It shall not be a violation of
this provision to store or consume any fermented
malt beverage or any malt, vinous or spirituous
liquor in conformance with, and pursuant to the
terms of, any validly issued permit or license or as
provided in section 17-47.
(c) It is unlawful for any person under the age
of twenty-one (21) years to purchase or obtain, or
to attempt to purchase or obtain, either directly or
through an intermediary, any fermented malt
beverage or any malt, vinous or spirituous liquor
by misrepresentation of age or by any other
means.
(d) It is unlawful for any person to purchase or
procure or obtain any fermented malt beverage or
any malt, vinous or spirituous liquor with the
1039
OFFENSES-MaSCELLANEOUS
~ 16-129
e
tent to procure for, sell to, or"provide any fer-
mented malt beverage or any malt, vinous or spir-
ituous liquor to any person under the age of
twenty-one (21) years.
(e) It is unlawful for any person to sell, serve,
give away, dispose of, exchange or deliver or
permit the sale, serving, giving or procuring of
any fermented malt beverage or any malt, vinous
or spirituous liquor to a visibly intoxicated person
or to a known habitual drunkard.
(0 It is unlawful for any visibly intoxicated
person or any known habitual drunkard to pos-
sess or consume any fermented malt beverage or
any malt vinous or spirituous liquor, whether such
possession is actual or constructive, in any public
place or upon property owned, operated, leased or
maintained by the state or any political subdivi-
sion or agency thereof or upon property owned,
operated, leased or maintained by the city. This
provision shall apply regardless of whether any
bottle, can or other container for such fermented
malt beverage or such malt, vinous or spirituous
liquor is sealed, unsealed or open.
(g) During any trial for a violation of this sec-
tion, any bottle, can or any other container with
labeling indicating the contents of such bottle, can
or container, and the information contained on
any such label, shall be admissible into evidence
and shall not constitute hearsay. Ajury or ajudge,
whichever is appropriate, shall consider the infor-
mation upon such label as prima facie evidence of
the contents of the bottle, can or other container.
A label which identifies the contents of any bottle,
can or other container as "beer," Hale," "malt
beverage," "fermented malt beverage," "malt
liquor," "wine," Hchampagne," "whiskey" or
c'whisky," "gin," "vodka," "tequila," "schnapps,"
"brandy," Hcognac," "liqueur," "cordial,"
"alcohol" or "liquor" shall constitute prima facie
evidence that the contents of the bottle, can or
other container was composed in whole or in part
of an alcoholic beverage prohibited by this sec-
tion.
(h) In enforcing the provisions of this section,
enforcement shall not be undertaken upon pri-
vate property which, for 'purposes of this section,
means any dwelling as wall as the lot area asso-
ciated with said dwelling, including front, rear
e
e
Supp. No. 13
and side yards, which is used by a natural person
or natural persons for habitation and which is not
open to the public and privately owned real prop-
erty which is not open to the public. Private prop-
erty shall not include:
(1) Any establishment which has or is required
to have a license pursuant to Article 46, 47
or 48 of Title 12, C.R.S.; or
(2) Any establishment which sells fermented
malt beverages or malt, vinous or spiri-
tuous liquor or upon which fermented malt
beverages or malt, vinous or spirituous li-
quor are sold; or
(3) Any establishment which leases, rents or
provides accommodations to members of the
public generally.
(Code 1977, ~ 14-42.2 Ord. No. 1990-850, ~ 1, 11-
26-90)
Cross reference-Possession of alcohol by minors, S 16.
177.
Sec. 16.128. Unlawful visual observation.
It is unlawful for any person to look into any
house, room, building or structure within the city
through any window, door, skylight or other
opening thereof for the purpose of observing the
actions of any person within or occupant of such
house, room, building or structure.
(Code 1977, ~ 14-43.1)
Sec. 16.129. Unlawful electronic observation.
It is unlawful for any person to observe or to
monitor the actions of any person within or occu-
pant of any house, room, building or structure
within the city by the placing within such house,
room, building or structure of any electronic de-
vice which has as its function the recording and/or
transmission of the physical presence, actions,
'sounds or statements of any person within such
house, room, building or structure; provided,how-
ever, that the provisions of this section shall not
be applicable to any electronic recording, moni;
toring or transmission device installed in imy
house, room, building or ,structure 'with the knowl-
edge and consent of the owner or the occupant
thereof; and further provided, that the provisions
of this section shall not applyJg, or prohibit the
installation of health service,emergency and/or
1040.1
~ 16-129
WHEAT RIDGE CITY CODE
hospital monitoring systems, police alarm sys-
tems as provided in chapter 19, article V inclu-
sive, or any such device installed and/or moni-
tored pursuant to a lawful order or warrant issued
by a court of competent jurisdiction.
(Code 1977, ~ 14-43.2)
Sec. 16-130. Police investigative observations
lawful.
Nothing contained in section 16-128 or 16-129
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 po-
lice department, any officer thereof, or any other
lawfully authorized law enforcement agent or of-
ficer; provided, that such observation and/or re-
cording is undertaken in accordance with consti-
tutional standards, and is undertaken in
conjunction with, and as a part of, legitimate po-
lice investigative or patrol activities, or pursuant
to a lawful order or warrant issued by a court of
competent jurisdiction.
(Code 1977, ~ 14-43.3)
Sec. 16-131. Possession of marijuana-
(a) For the purpose of this section, the terms
"marijuana," "marihuana" and "cannabis" are
synonymous and shall include all parts of the plant
cannabis sativa L., whether growing or not; the
seed thereof; the resin extracted from any part of
such plant; and every compound, manufacture,
sale derivative, mixture, or preparation of such
plant, its seeds, or resin but shall not include the
mature stalks of such plant, fiber produced from
its stalks, oil or cake made from the seeds of such
plant, any other compound, manufacture, sale de-
rivative, mixture or preparation of its mature
stalks, except the resin extracted therefrom, fiber,
oil or cake, or the sterilized seeds of such plant
which is incapable of germination. The term "can-
nabis concentrate" means hashish, tetrahydrocan-
nabinols, or any alkaloid, salt derivative, prepa-
ration, compound, or mixture, whether natural or
synthesized or tetrahydrocannabinols.
(b) It shall be unlawful to possess one (1) ounce
or less of marijuana. cannabis or cannabis concen-
trate, and upon conviction thereof, or plea of guilty
or no contest thereto, punishment shall not be by
Supp. No. 13
e
imprisonment, but shall be by a frne of not more
than one hundred dollars ($100.00), together with
a surcharge of ten dollars ($10.00) to be paid to
the police depal-tment th.,.,..l1gh the co".;- to Qf"f~et
the cost of destruction of drugs, injection devices
and drug paraphernalia, whether or not any of
those items was confiscated from the defendant.
(c) It shall be unlawful openly and publicly to
display or consume one (1) ounce or less of mari-
juana, cannabis or cannabis concentrate, and upon
conviction thereof, or a plea of guilty or no contest
thereto, punishment shall be by a fine of one hun-
dred dollars ($100.00), and by imprisonment not
exceeding fifteen (15) days.
(d) The provisions of this section shall not apply
to any person who possesses or uses cannabis or
cannabis concentrate pursuant to the dangerous
drugs therapeutic research act.
(Ord. No. 1988-762, ~ 1(14-42.3), 6-13-88; Ord. No.
1994-971, ~ 3, 6-13-94)
Sec. 16.132. Possession of injection devices.
It shall be unlawful for any person to possess
any hypodermic needle, syringe or similar device
which may be adapted or used for injecting drugs
or other substances by subcutaneous or intracu-
taneous injection into the body, unless such pos-
session has been authorized for medical or phys-
ical treatment by a licensed medical doctor or
osteopathic physicians; provided, however, that the
prohibitions contained in this section shall not
apply to manufacturers, jobbers, licensed medical
technicians, hospitals, nursing homes, technolo-
gists, nurses, laboratories, research teaching in-
stitutes, medical doctors, osteopathic physicians,
dentists, veterinarians or persons who lawfully
use injection devices for the sole purpose of pro-
viding medical treatment to their pets or live-
stock, pharmacists and embalmers selling or using
such devices in the legal course of their respective
businesses or professions. A violation of this sec-
tion shall be subject to the penalty provided in
section 16-4 of this Code, together with a sur-
charge of ten doUars ($10.00) to be paid to the
police department through the court to offset the
expense of destruction of drugs, injection devices
and drug paraphernalia, whether or not any of
those items was confiscated from the defendant.
(Ord. No. 1994-971, ~ 1, 6-13-94)
e
e
1040.2
OFFENSES-MaSCELLANEOUS
~ 16.133
'e
Sec. 16.133. Drngparaphernalia.
(al Controlled substances defined. "Controlled
substance" shall mean marijuana or marijuana
concentrate, as those terms are defined in section
16-131(a) of this Code, and cocaine as that term is
defined in section 16-1 of this Code. Further, this
term shall include a controlled substance or im-
mediate precursor included in Schedules I through
V or Part 2 of C.R.S., 18, Tit. 18, including mar-
ijuana, marijuana concentrate, and cocaine.
(b) Drug paraphernalia defined. "Drug
paraphernalia" meanS all eqnipment, products and
materials of any kind which are used, intended
for use or designed for use in planting, propa-
gating, cultivating, growing, harvesting, manu-
facturing, compounding, converting, producing,
processing, preparing, testing, analyzing, pack-
aging, repackaging, storing, containing, con-
cealing, injecting, ingesting, inllaling or other-
wise introducing into the human body a controlled
substance in violation of this Code. "Drug
paraphernalia" includes, but is not limited to:
(1) Objects used, intended for use or designed
for use in ingesting, inllaling or otherwise
introducing marijuana, cocaine or mari-
juana concentrate into the human body,
such as:
a. Water pipes;
b. Carburetion tubes and devices;
c. Smoking and carburetion masks;
d. Roach clips, meaning objects used to
hold burning materials such as a mar-
ijuana cigarette that has become too
small or too short to be held in' the
hand;
e. Miniature cocaine spoons and cocaine
vials;
f. Chamber pipes;
g. Carburetor pipes;
h. Electric pipes;
i. Air-driven pipes;
j. Chill urns;
k. Bongs; or
1. Ice pipes or chillers.
(c) Factors in determining drug paraphernalia.
In determining whether an object is drug para-
e
e
Supp. No. 13
phernalia, the court, in its discretion, may con-
sider, in addition to all other relevant factors, the
following:
(1) Statements by an owner or by anyone in
control of the object concerning its use;",
(2) The proximity of the object to controlled
substances;
(3) The existence of any residue of controlled
substances on the object;
(4) Direct or circumstantial evidence of the
knowledge of an owner, or of anyone in con-
trol of the object, or evidence that such
person reasonably should know, that it will
be delivered to persons whom he knows or
reasonably should know, could use the ob-
ject to facilitate a violation of this section;
(5) Instructions, oral or written, provided with
the object concerning its use;
(6) Descriptive materials accompanying the ob-
ject which explain or depict its use;
(7) National or local advertising concerning its
use;
(8) The manner in which the object is displayed
for sale;
(9) Whether the owner, or anyone in control of
the object, is a supplier of like or related
items to the community for legal purposes,
such as an authorized distributor or dealer
of tobacco products;
(10) The existence and scope of legal uses for
the object in the community;
(11) Expert testimony concerning its use.
(d) Evidentiary hearing. In the event a case
brought pursuant to this section is tried before a
jury, the court shall hold an evidentiary hearing
on issues raised pursuant to subsection (c), such
hearing shall be conducted in camera.
(e) Penalty for possession of drug paraphernalia.
A person commits possession of drug parapher-
nalia if he possesses drug paraphernalia and
knows or reasonably should know that the drug
paraphernalia could be used under circumstances
in violation of the Wheat Ridge Municipal Code.
1041
~ 16.133
WHEAT RIDGE CITY CODE
e'
A violation of this subsection (e) shall be subject
to the penalty provided in section 16-4 of this Code,
together with a surcharge of ten dollars ($10.00)
to be paid to the police department through the
court to offset the expense of destruction of drugs,
injection devices or drug paraphernalia, whether
or not any of those items was confiscated from the
defendant.
(0 Penalty for manufacture, sale or delivery of
drug paraphernalia. It shall be unlawful for any
person to sell or deliver, possess with intent to sell
or deliver, or manufacture with intent to sell or
daliver equipment, products or materials knowing,
or under circumstances where one reasonably
should know, that such equipments, products or
materials could be used as drug paraphernalia. A
violation of this subsection to shall be subject to
the penalty provided in section 16-4 of this Code,
together with a surcharge of ten dollars ($10.00)
to be paid to the police department through the
court to offset the expense of destruction of drugs,
injection devices and drug paraphernalia, whether
or not any of those items was confiscated from the
defendant.
(g) Penalty for advertisement of drug parapher-
nalia. It shall be unlawful for any person to place
an advertisement in any newspaper, magazine,
handbill or other publication and who intends
thereby to promote the sale in the city of equip-
ment, products or materials designed and intended
for use as drug paraphernalia. A violation of this
subsection (g) shall be subject to the penalty pro-
vided in section 16-4 of this Code, together with a
surcharge of ten dollars ($10.00) to be paid to the
police department through the court to offset the
expense of destruction of drugs, injection devices
and drug paraphernalia, whether or not any of
those items was confiscated from the defendant.
(Ord. No. 1994-961, ~ 1, 6-13-94)
Sees. 16-134-16.150. Reserved.
Supp. No. 13
ARTICLE VII. OFFENSES BY OR
AGAINST
OFFICERS AND GOVERNMENT.
Sec. 16.151. False reports to authorities.
(a) It is unlawful for any person to report the
existence of a fire or other emergency to the po-
lice, fire department or any other agency empow-
ered 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 firefighting agency of the
state, county or city; 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 in-
formation concerning the commission of any of-
fense 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 tele-
phone calls from within the city to the city's po-
lice, fire or emergency telephone numbers, in-
cluding E91l, when such person makes the call
know-
e
e
.State law reference-Obstructing government operations,
C.R.S. ~ 18.8-101 et seq.
1042
.
e
.
.
.
OFFENSES-MISCELLANEOUS
~ 16-156
ingly but for no legitimate purpose. This subsec-
tion shall apply regardless of whether the person
who makes the telephone call speaks or in any
way communicates to the city employee answer-
ing the call.
(d) This section does not apply to reports of the
existence or placement of a bomb or other explo-
sive in any public or private place or vehicle
designed for transportation of persons or prop-
erty.
(Code 1977, ~ 14-17; Ord. No. 1988-763, ~ 2,
6-13-88)
State law reference-Similar provisions, C.R.S. ~ 18~8-
111,
Sec. 16-152. Impersonation of 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 similar to or a colorable imita-
tion 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 repre-
sent himself to another as a police officer of the
city.
(Code 1977, ~ 14-18)
State law reference-Impersonating a peace officer, C.R.S.
~ 18-8-112.
Sec. 16.153. Counterfeit insignias.
It is unlawful for any person to counterfeit,
imitate or cause to be counterfeited, or colorably
imitated, the badge or insignia of office used by
the police department of the city.
(Code 1977, ~ 14-19)
Sec. 16-154. Impersonation of city officers
and employees.
(a) It is unlawful for any person not a city
officer or city employee to willfully or fraudu-
lently represent himself to be a city officer or an
employee of the city.
Supp. No. 1S
(b) It is unlawful for any person to purport to
perform the duties of any city officer or employee
if he is not an authorized officer or employee of
the city.
(Code 1977, ~ 14-20)
State law reference-Impersonating a public servant,
C.R.S. ~ 18-8-113.
Sec. 16-155. Interference with public
officers-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 so 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
of such disaster when ordered to do so by police
officers, firemen, emergency personnel or military
personnel in the performance of their duties in
coping with such fire, explosion, traffic accident,
riot or impending riot, other disaster or investi-
gation. -
(Code 1977, ~ 14-21)
State law reference-Obstructing a peace officer or fire-
man, C.R.S. ~ 18-8-104.
Sec. 16-156. Same-When in discharge of du-
ties.
(a) It is unlawful for any person to use and/or
to threaten to use violence, force, or physical
interference, or any obstacle 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 such authorized official law enforce-
ment 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 his official duties, or
1042.1
~ 16-156
WHEAT RIDGE CITY CODE
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 hide one's own real
name, address or age.
(d) It is unlawful for a person knowingly to
refuse to reveal his correct name, address or date
of birth when requested to do so by a police officer
acting under color of official authority.
(Code 1977, ~ 14-22; Ord. No. 1988-763, ~ 3,
6-13_88; Ord. No. 1996-1017, ~ 1,2-26-96)
State law reference-Obstructing government opera-
tions, CRS. ~ 18-8-102.
Sec. 16.157. Resisting arrest; escaping cus.
tody; rescuing 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 the
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 phys-
ical injury to such police officer.
(b) It is unlawful for any person to prevent or
attempt to prevent a police officer acting under
color of his official authority from effecting the
arrest of that person by running from, eluding or
hiding from the police officer or officers.
(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 surround-
ing 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 author-
ity 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, or in any manner aid another
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
Supp. No. 18
after being commanded by such police agent to so
take such person into custody; provided, that the
provisions ofthis section shall not apply when the
escapee is being held for a felony or charged with
any felony.
(Code 1977, ~ 14-23; Ord. No. 1996-1018, ~ 1,
2-26-96)
State law references-Resisting arrest, C.R.S. ~ lS-B-
103; aiding escape, C.R.S. ~ 18-8-201; aiding escape from civil
process, C.R.S. ~ 18-8-205; escapes, C.R.S. ~ 18-8-208.
Sec. 16-158. Disobeying; refusing to aid pub-
lic officers.
(a) It is unlawful for any person to knowingly
disobey the lawful or reasonable order of police
officers, firemen, emergency personnel or military
personnel, given incident to the discharge of the
official duties of such police officers or firemen or
incident to the duties of emergency personnel or
military personnel when coping with an emer-
gency, 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.
(Code 1977, ~ 14-24)
State law reference-Refusal to aid police, C.R.S. ~
18-8-107.
Sec. 16.159. Using, etc., certain equipment
on vehicles.
It is unlawful for any person to drive any
vehicle on which has been installed any siren,
exhaust whistle or bell or any red lights visible
from the front of such motor vehicle or any red
spotlight; provided, that nothing in this division
shall prevent the possession, use or installation of
such equipment on any city, county, state or
federal vehicle or on 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 ap-
proval or approvals, as required by any such state
laws or by any applicable municipal ordinance.
(Code 1977, ~ 14-25)
Cross reference-Motor vehicles and traffic, Ch, 13.
Sees. 16-160-16-175. Reserved.
1042.2
.
.
.
.
.
.
.
.
.
.
OFFENSES-MISCELLANEOUS
~ 16-176
ARTICLE VIII. MINORS
Sec. 16-176. Furnishing cigarettes to mi-
nors.
(a) Unlawful. It shall be unlawful for any
person to sell, give or distribute cigarettes to any
person under the age of sixteen (16) years.
(b) Penalty for violation. Any person violating
the provisions of subsection (a) shall be guilty of a
misdemeanor, and, upon such violation, shall be
subject to a fine of not less than fifty dollars
($50.00) nor more than nine hundred ninety-nine
dollars ($999.00), which fme may not be sus-
pended in whole or any part.
(Code 1977, ~~ 19-9, 19-10)
Supp. No. 18
1042.2.1
.
.
.
.
.
OFFENSES-MISCELLANEOUS
,
9 16-177
Sec. 16-177. Possession of alcohol by minor.
(a) As used in this section, unless the context
otherwise requires:
(1) Establishment means a business, firm, en-
terprise, service or fraternal organization,
club, institution, entity, group, or resi-
dence, and any real property, including
buildings and improvements, connected
therewith, and shall also include any mem-
bers, employees, and occupants associated
therewith.
(2) Ethyl alcohol means any substance which
is or contains ethyl alcohol.
(3) Possession of ethyl alcohol means a person
has or holds any amount of ethyl alcohol
anywhere on his person, or that a person
owns or has custody of ethyl alcohol, or has
ethyl alcohol within his immediate pres-
ence and control.
(4) Private property means any dwelling and
its curtilage which is being used by a nat-
ural person or natural persons for habita-
tion and which is not open to the public and
privately owned real property which is not
open to the public. "Private property" shall
not include:
a. Any establishment which has or is
required to have a license pursuant to
article 46, 47, or 48 oftitle 12, C.RS.;
or
b. Any establishment which sells ethyl
alcohol or upon which ethyl alcohol is
sold; or
c. Any establishment which leases, rents,
or provides accommodations to mem-
bers of the public generally.
(b) It is unlawful for any person under the age
of twenty-one (21) years to possess or consume
any ethyl alcohol anywhere in the City of Wheat
Ridge. This provision shall apply regardless of
whether any bottle, can or other container for
such ethyl alcohol is sealed, unsealed or open.
(c) Illegal possession or consumption of ethyl
alcohol by an underage person is a strict liability
offense.
Supp. No. 16
(d) It shall be an affirmative defense to the
offense described in subsection (b) of this section
that the ethyl alcohol was possessed or consumed
by a person under twenty-one (21) years of age
under the following circumstances:
(1) While such person was legally upon private
property with the knowledge and consent
of the owner or legal possessor of such
private property and the ethyl alcohol was
possessed or consumed with the consent of
his parent or legal guardian who was present
during such possession or consumption; or
(2) When the existence of ethyl alcohol in a
person's body was due solely to the inges-
tion of a confectionery which contained
ethyl alcohol within the limits prescribed
by section 25-5-410(1)(i)(II), C.R.S.; or the
ingestion of any substance which was man-
nfactured, desigued, or intended primarily
for a purpose other than oral human inges-
tion: or the ingestion of any substance
which was manufactured, desigued, or in-
tended solely for medicinal or hygienic pur-
poses; or solely from the ingestion of a
beverage which contained less than one-
half of one (1) percent of ethyl alcohol by
weight.
Subsection (d)(l) shall not be construed to permit
any establishment which is, or is required to be,
licensed pursuant to article 46, 47, or 48 of title
12, C.R_S., or any members, employees, or occu-
pants of any such establishment to give, provide,
make available, or sell ethyl alcohol to a person
under twenty-one (21) years of age.
(e) The possession or consumption of ethyl al-
cohol shall not constitute a violation of this sec-
tion if such possession or consumption takes place
forreligious purposes protected by the first amend-
ment of the United States Constitution.
(f) Prima facie evidence of a violation of sub-
section (b) of this section shall consist of:
(1) Evidence that the defendant was under the
age of twenty-one (21) years and possessed
or consumed ethyl alcohol anywhere in the
City of Wheat Ridge; or
(2) Evidence that the defendant was under the
age of twenty-one (21) years and mani-
1042.3
~ 16-177
WHEAT RIDGE CITY CODE
fested any of the characteristics commonly
associated with ethyl alcohol intoxication
or inlpairment while present anywhere in
the City of Wheat Ridge.
(g) During any trial for a violation of subsec-
tion (b) of this section, any bottle, can, or any
other container with labeling indicating the con-
tents of such bottle, can, or container shall be
admissible into evidence, and the information
contained on any label on such bottle, can, or
other container shall be admissible into evidence
and shall not constitute hearsay. Ajury or a judge,
whichever is appropriate, may consider the infor-
mation upon such label in determining whether
the contents of the bottle, can or other container
were composed in whole or in part of ethyl alco-
hol. A label which identifies the contents of any
bottle, can, or other container as Ilbeer," tlale,1l
"malt beverage," "fermented malt beverage," "malt
liquor,lIl1wine,lt "champagne," "whiskey" or "whis~
ky," "gi.n:,1I "vodka," "tequila,'. "schnapps," "bran-
dy/I "cognac," nliqueur,1I "cordial," "alcohol," or
"liquor" shall constitute prima facie evidence that
the contents of the bottle, can, or other container
was composed in whole or in part of ethyl alcohol.
(h) The qualitative result of an alcohol test or
tests shall be admissible at the trial of any person
charged with a violation of subsection (b) of this
section upon a showing that the device or devices
used to conduct such test or tests have been
approved as accurate in detecting alcohol by the
executive director of the Department of Public
Health and Environment.
(i) Official records of the Department of Public
Health and Environment relating to the certifica-
tionof breath test instruments, certification of
operators and operator instructors of breath test
instruments, certification of standard solutions,
and certification of laboratories shall be official
records of the state. Copies of such records, at-
tested by the executive director of the department
of public health and environment or his deputy
and accompanied by a certificate bearing the
official seal for said department, which state that
the executive director of the department has
custody of such records, shall be admissible and
shall constitute prima facie evidence of the infor-
mation contained in such records. The official seal
Supp. No. 16
of the department descn'bed in this subsection
may consist of a rubber stamp producing a fac-
sinlile of the seal stamped upon the document.
(j) In any judicial proceeding concerning a charge
under subsection (b) of this section, the court
shall take judicial notice of methods of testing a
person's blood, breath, saliva, or urine for the
presence of alcohol and of the design and opera-
tion of devices certified by the Department of
Public Health and Environment for testing a
person's blood, breath, saliva, or urine for the
presence of alcohol. This subsection shall not
prevent the necessity of establishing during a
trial that the testing devices were working prop-
erly and that such testing devices were properly
operated. Nothing in this subsection shall pre-
clude a defendant from offering evidence concern-
ing the accuracy of testing devices.
(Code 1977, ~ 14-31.11; Ord. No. 1990-850, .~ 2,
11-26-90; Ord. No. 1995-1005, ~ 1,7-24-95)
Cross reference-Sales. etc., of alcohol to minors, ~ 16-
127.
Sec. 16-178. Harboring minors prohibited;
exceptions.
(a) It shall be unlawful for any person know-
ingly to harbor, keep secreted, cohabit with, or
provide shelter for any unmarried minor without
the consent of the parent, legal guardian, or other
person having legal custody of such minor.
(b) It shall be unlawful for any person to har-
bor, keep secreted, cohabit with, or provide shel-
ter for any unmarried minor when such person
knows such minor to be a parole violator or a
fugitive from legal process.
(c) The provisions of this section shall not ap-
ply to persons working in their official capacities
as employees or members of the staffs of agencies
licensed by the state and financed by the United
States of America to harbor minors, nor shall said
provisions apply to such agencies; provided, that
such agencies shall at all times provide specific
information concerning minors so harbored and
shall release such minors to their parents, legal
guardians, or other persons having legal custody
of such minors, or to any law enforcement agency,
upon request; and provided further; that such
agencies harboring minors shall, within twenty-
1042.4
.
.
.
.
.
.
.
.
.
.
OFFENSES-MISCELLANEOUS
~ 16-202
four (24) hours after the arrival of a minor, notify
the police department, and within seventy-two
(72) hours, if possible, shall notify the parents,
legal guardians, or other persons having legal
custody of such minors.
(Code 1977, ~ 14-31.12)
Sec. 16-179. Curfew.
(a) It shall be unlawful for any parent, guard-
ian, or other person having legal care or custody
of any minor who has not reached his sixteenth
birthday, to allow or permit any such minor to be
or remain upon any streets or alleys, or to be or
remain in any establishment open to the public
generally after 10:30 p.m. on any Sunday, Mon-
day, Tuesday, Wednesday or Thursday, or after
11:30 p.m. on any Friday or Saturday, or before
5:00 a.m. on any day except:
(1) When accompanied by a parent, guardian,
or other person having legal care or cus-
tody of such minor;
(2) For lawful employment; or
(3) When such minor is in the custody of and
accompanied by a person who has reached
his or her eighteenth birthday and who
has, in his or her possession, the written
consent of such parent, guardian, or other
person having legal care or custody of such
minor.
(b) It shall be unlawful for any parent, guard-
ian, or other person having legal care or custody
of any minor who has reached his sixteenth
birthday, but not his eighteenth birthday, to allow
or permit any such minor to be or remain upon
any streets or alleys, or to be or remain in any
establishment open to the public generally after
12:00 midnight or before 5:00 a.m. on any day,
except as provided in paragraphs (a)(ll, (a)(2) or
(a)(3) of this section.
(c) It shall be unlawful for any minor who has
not reached his sixteenth birthday to be or remain
upon any street or alley, or to be or remain in any
establishment open to the public generally after
10:30 p.m. on any Sunday, Monday, Tuesday,
Wednesday or Thursday, or after 11:30 p.m. on
Supp, No. 16
any Friday or Saturday, or before 5:00 a.m. on any
day, except as provided in paragraph (a)(I), (a)(2)
or (a)(3) of this section.
(d) It shall be unlawful for any minor who has
reacl1ed his sixteenth birthday but not his eigh-
teenth birthday to be or remain upon any street or
alley, or to be or remain in any establishment
open to the public generally after 10:30 p.m. on
any Sunday, Monday, Tuesday, Wednesday or
Thursday, or after 11:30 p.m. on any Friday or
Saturday, or before 5:00 a.m. on any day, except as
provided in paragraphs (a)(l), (a)(2) or (a)(3) of
this section.
(Code 1977, ~ 14-31.13)
Sees. 16-180-16-200. Reserved.
ARTICLE IX. PROSTITUTION
Sec. 16-201. General prohibition.
(a) Any person who performs or offers or agrees
to perform any act of sexual intercourse, fellatio,
cunnilingus, masturbation, or anal intercourse
with any person not his spouse in exchange for
money or other thing of value commits prostitu-
tion.
(b) In this section:
(1) Fellatio means any act of oral stimulation
of the penis.
(2) Cunnilingus means any act of oral StinlU-
lation of the vulva or clitoris.
(3) Masturbation means stimulation of the gen-
ital organs by manual or other bodily con-
tact exclusive of sexual intercourse.
(4) Anal intercourse means contact between
human beings of the genital organs of one
and the anus of another.
(c) Prostitution is unlawful.
(Ord. No. 1988-756, ~ 3(14-69), 5-23-88)
Sec. 16.202. Solicitation prohibited.
(a) A person commits soliciting for prostitution
if he:
(1) Solicits anotherfor the purpose ofprostitu-
tion; or
1042.5
~ 16-202
WHEAT RIDGE CITY CODE
(2) Arranges or offers to arrange a meeting of
persons for the purpose of prostitution; or
(3) Directs another to a place knowing such
direction is for the purpose of prostitution.
(b) Soliciting for prostitution is unlawful.
(Ord. No. 1988'756, ~ 3(14-70), 5-23-88)
Sec. 16-203. Keeping a place of prostitution.
(a) Any person who has or exercises control
over the use of any place which offers seclusion or
shelter for the practice of prostitution and who
performs anyone (1) or more of the following
commits keeping a place of prostitution if he:
(1) Knowingly grants or permits the use of
sum place for the purpose of prostitution;
or
(2) Permits the continued use of such place for
the purpose of prostitution after becoming
aware of facts or circumstances from which
he should reasonably know that the place
is being used for the purpose of prostitu-
tion.
(b) Keeping a place of prostitution is unlawful.
(Ord. No. 1988-756, ~ 3(14-71), 5-23-88)
Sec. 16-204. Patronizing a prostitute.
(a) Any person who performs any of the follow-
ing with a person not his spouse commits patron-
izing a prostitute:
(1) Engages in an act of sexual intercourse or
of deviate sexual conduct with a prostitute;
or
(2) Enters or remains in a place of prostitution
with intent to engage in an act of sexual
intercourse or deviate sexual conduct.
(b) Patronizing a prostitute is unlawful.
(Ord. No. 1988-756, ~ 3(14-72), 5-23-88)
Sec. 16.205. Promoting prostitution.
(a) Any person who, for pecuniary gain, fur-
nishes or makes available to another person any
facility, knowing that the same is to be used for or
in aid of prostitution, or who advertises in any
Supp. No. 16
manner that he furnishes or is willing to furnish
or make available any such facility for such pur-
poses, commits promoting prostitution.
(b) Facility, as used in this section, means any
place or thing which provides seclusion, privacy,
opportunity, protection, comfort, or assistance to
or for a person or persons engaging or intending
to engage in prostitution.
(c) Promoting prostitution is unlawful.
(Ord. No. 1988-756, ~ 3(14-73), 5-23-88)
Sec. 16-206. Public indecency.
(a) Any person who performs any of the follow-
ing in a public place or where the conduct may
reasonably be expected to be viewed by members
of the public commits public indecency:
(1) An act of sexual intercourse; or
(2) An act of deviate sexual intercourse; or
(3) A lewd exposure of the body done with
intent to arouse or to satisfY the sexual
desire of any person; . or
(4) A lewd fondling or caressing of the oody of
another person.
(b) Public indecency is unlawful.
(Ord. No. 1988-756, ~ 3(14-74), 5-23-88)
1042.6
.
e
.
e
.
e
e
e
OFFENSES-NnSCELLANEOUS
~ 16-221
Sees. 16-207-16-216. Reserved.
ARTICLE X. MASSAGE PARLORS.
Sec. 16-217. Definitions.
For the purposes of this article, the following
words and phrases shall have the meanings re-
spectively ascribed to them by this section:
Apprentice. A person who is at least eighteen
(18) years of age, employed in a health service
establishment and working under a licensed mas-
seur or masseuse for the specific purpose of learn.
ing the method and practice of massage.
Approved. As applied to the terms, techniques,
processes, equipment and qualifications of person-
nel, "approved" shall mean compliance with the
requirements of this article.
Health establishment operator. Any person, firm
or corporation that has made application for li-
censing of a health service establishment under
the terms of this article.
Health service establishment. A place of busi.
ness where massage is given or where baths, gym-
nastics or other physical activities, as defined within
the definition of "massage" as used in this arti.
cle, are practiced.
Massage. Pressure on, friction against, strok-
ing and kneading the body by manual means or a
mechanical device used manually, with or with-
out appliances such as vibrators, infrared heat,
sun lamps and external baths, for the purpose of
maintaining good health and good physical con-
dition.
Practice of massage. The performance of mas-
sage with or without compensation.
(Code 1977, ~ 11-1; Ord. No. 1988-779, ~ 2(1),
11-28-88)
Cross reference-Hospitals, clinics, nursing and convales-
cent homes, and similar institutions excluded from definition
of "health service establishment," 9 16.226.
-Editor's Dote-At the direction of the city, the provisions
set out in . 2 of Ord. No. 1988.779, adopted Nov. 28, 1988,
have been incorporated into the Code as a new Art. X to Ch.
16.
Supp. No. 1
Sec. 16-218. Authority.
Pursuant to Colorado Revised Statutes of 1973,
~ 31-12-101(12), cities shall have the authority
and power to make all regulations which may be
necessary or expedient for the promotion of health
or the suppression of disease.
(Code 1977, ~ 11-2; Ord. No. 1988-779, ~ 2(2),
11-28-88)
Sec. 16-219. Purpose of article.
The purpose of this article is for the promotion
of public health, safety and welfare and the sup-
pression of disease.
(Code 1977, ~ 11-3; Ord. No. 1988-779, ~ 2(3),
11-28-88)
Sec. 16-220. Massaging persons of opposite
sex.
It shall be unlawful for any licensee under this
article to practice or administer massage as de-
fined in this article upon a person of the opposite
sex, unless such licensee shall be in possession of
a written authorization or prescription signed by
a physician or an osteopath registered in the state
which shall state the date of issue, the name of
the licensee, the person upon whom such massage
shall be administered and the duration of the
period, not to exceed ninety (90) days, for which
the licensee may practice or administer massage
upon the person designated.
(Code 1977, ~ 11-4; Ord. No. 1988-779, ~ 2(4),
11-28-88)
Sec. 16-221. Right of entry.
(a) For purposes of ascertaining violations of this
article and conducting routine inspections, the right
of entry into the premises of any health service
establishment during hours such establishment is
conducting businesS and at other times during which
activity is in evidence is hereby granted to the
mayor or his authorized representative, all of whom
are empowered to conduct a reasonable inspection
or investigation.
(b) It shall be unlawful to hinder, prevent or re-
fuse to Permit any lawful inspection or investiga-
tion authorized under the terms of this article.
(Code 1977, ~ 11-8; Ord. No. 1988.779, ~ 2(5),
11-28-88)
1043
~ 16-222
WHEAT RIDGE CITY CODE
e
Sec.' 16-222. Declaration of nnisance.
In the event that any order lawfully issued in
pursuance oftms article is not complied with within
such reasonable time as is specified, the particu-
lar instance of violation ofthis article is and shall
be declared to be a nuisance.
(Code 1977, ~ 11-9; Ord. No. 1988-779, ~ 2(6),
11,28-88)
Sec. 16-223. License-Required.
(a) No person shall conduct a massage business
or engage in the practice of massage without a
masseur's, masseuse's or apprentice's license under
this article.
(h) No health establishment operator shall per-
mit any person to practice massage without hav-
ing first obtained a license hereunder.
(Code 1977, ~ 11-9; Ord. No. 1988-779; ~ 2(7),
11-28-88)
Sec. 16-224. Same-Prerequisites.
No person shall be licensed to practice massage
or conduct a health establishment for giving mas-
sage, or other services within the definition of
"massage", unless he meets the following re-
quirements:
(a) Age and education. Who is at least twenty-
one (21) years of age, who has graduated
from a school of massage, or who can show
verified evidence of having served an ap-
prenticeship of two (2) years, under the di-
rect supervision of a licensed operator in a
licensed health service establishment, such
apprenticeship to have included a minimum
of five hundred (500) clock hours didactic
training in anatomy, physiology, ethics, and
professional relationship, plus three thou-
sand five hundred (3,500) clinical hours of
practical experience.
(h) Required information. The application for
licensing shall contain the following infor-
mation: The name, age, permanent home
address, local address and physical descrip-
tion of the applicant; name and address of
applicant's employer and a statement as to
the length oftime for which such license is
Supp. No. 1
requested; name and address of former places
of employment; names and addresses of at
least two (2) responsible persons who will
attest to the good 'character and reputation
of the applicant; a statement as to whether
or not the applicant has been convicted of a
felony, misdemeanor or ordinance violation
(other than traffic violations), the nature of
the offense, the penalty or punishment im-
posed, and the date and place where such
offense occurred; a statement as to whether
or not such person has ever had a judge-
ment or conviction for fraud, deceit or mis-
representation entered against him, and if
so, the full details thereof.
(c) Moral character. Every licensee hereunder
shall be of good moral character. No licen-
see, masseur, apprentice or other employee
shall have been convicted of any crime in-
volving moral turpitude within ten (10) years
next prior to licensing or ordinance viola-
tion involving moral turpitude within ten
(10) y;lars next priorto licensing hereunder.
(d) Identification badge required. Each licen-
see hereunder shall be required to wear
upon his person in a conspicuous manner
an identification badge containing and ex-
hibiting the following information thereon:
(1) Photograph of individual;
(2) Name and address of business estab-
lishment;
(3) Date of licensure;
(4) Type of license.
(e) Changing places of business. No licensee
hereunder shall be permitted to change his
principal place of employment without first
having made application for such change
and a new identification badge issued by
the mayor.
(Code 1977, ~ 11-20; Ord. No. 1988-779, ~ 2(8),
11-28-88)
e
Sec. 16-225. Same-Application.
Applicants for all licenses hereunder shall file
their applications with the city clerk. The city
, clerk shall submit the application in duplicate to
e
1044
OFFENSES-MISCELLANEOUS
~ 16-227
e
, the city council who shall make examination as
to the fitness and qualifications of all applicants
and establishments for licensing hereunder.
(Code 1977, ~ 11-21;.Ord. No. 1988-779, ~ 2(9),
11-28-88)
e
Sec. 16-226. Same-Persons and establish-
ments exempted.
The following classes of persons are exempted
from this article:
(a) Physicians, osteopaths, physical therapists,
chiropodists, podiatrists or chiropractors regis-
tered in the state;
(b) The following classes of persons, provided
that each is duly licensed and/or registered
with any applicable and appropriate board
or professional licensing agency required
under the laws of the State of Colorado,
and provided that each such board or agencY
provides a letter or other documentation stat-
ing that massage therapy is not outside the
area oftraining, experience Or competence of
the exempted person, and further provided
thst massage therapy is shown to be a service
rendered in the legitimate and recognized
practice of the discipline, therapy or treat-
ment exempted hereby:
(1) Psychologists;
(2) Clinical social workers;
(3) Marriage and family therapists;
(4) Professional counselors.
(c) Registered nurses and licensed practical
nurses performing those services in their
usual nursing duties;
(d) Beauticians and barbers duly licensed under
the laws of this state, insofar as their usual
and ordinary vocation and profession is con-
cerned, as defined by the laws of this state;
(e) Trainers of any amateur, semiprofessional
or professional athlete or athletic team;
(D Massage practiced as the athletic depart-
ment of any state-accredited school, college,
university or seminar.
(g) Hospitals, clinics, nursing and convales-
cent homes and other similarly licensed in-
Supp. No. 10
-
stitutions where massages and baths may
be given are excluded from the definition of
a health service establishment.
(h) A facility which is operated for the purpose
of massage therapy performed by a mas-
sage therapist is exempted from this ar-
ticle. For purposes ofthis subsection, "mas-
sage therapist" means a person who has
graduated from a massage therapy school
accredited by the state educational board
or division charged with the responsibility
of approving private occupational schools
or from a school with comparable approval
or accreditation from another state with
transcripts indicating completion of at least
five hundred (500) hours of training in mas-
sage therapy. For the purposes of this sub-
section, a massage therapy school may in-
clude an equivalency program approved by
the state educational board or division
charged with the responsibility of approving
private occupational schools.
(Code 1977, ~ 11-22; Ord. No. 1988-779, ~ 2(10),
11-28-88; Ord. No. 1992-902, ~ 1, 8-10-92)
Cross referellce-Definition of "health service
establishment," ~ 16-217.
Sec. 16-227. Apprentices.
(a) All apprentices hereunder within a health
service establishment shall be required to comply
with all applicable personal requirements of sub-
sections (b), (c) and (d) of section 16-224.
(b) No apprentice shall be permitted to perform
any form of massage upon any person when a
licensed masseur or masseuse is not present in
the establishment.
(c) No apprentice shall be permitted to serve or
be licensed as an apprentice beyond a three-
consecutive-year period and in any event not to
exceed a total period of five (5) years.
(d) No other employee shall be permitted to
perform any personal service upon any person
whomsoever unless duly licensed as a masseur or
masseuse or licensed as an apprentice.
(Code 1977, ~ 11-23; Ord. No. 1988-779, ~ 2(11),
11-28-88)
1045
~ 16-228
WHEAT RIDGE C1TY CODE
e
Sec. 16-228. Fees.
The following schedule of fees shall apply:
Initial application fee for health service
establishment ............... $ 50.00
Initial application fee for any indi-
vidual licensee. . . . . . . . . . . . _ . . 25.00
Health service establishment, per year .. 50.00
Masseurs and masseuses, per year . . . . . . 25.00
Apprentices, per year . . . . . . . . . . . . . 25.00
All other employees, per year ......... 15.00
(Code 1977, ~ 11-25; Ord. No. 779,92(12),11-28-88)
Supp. No. 10
e
e
[The next page is 1093J
1046