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HomeMy WebLinkAboutOrdinance-1988-0763INTRODUCED BY COUNCILMEMBER SNOW Ordinance No. 763 Series of 1988 TITLE: AN ORDINANCE AMENDING SECTIONS 14-17 AND 14-22 OF THE CODE OF LAWS OF THE CITY OF WHEAT RIDGE AND CREATING MUNICIPAL OFFENSES FOR GIVING POLICE OFFICERS FALSE INFORMATION REGARDING IDENTITY, AND FOR MAKING UNWARRANTED CALLS TO THE CITY'S EMERGENCY TELEPHONE NUMBERS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO AS FOLLOWS: Section 1. Concerning the subjects of giving false identifications to the City's police officers and of making unwarranted telephone calls to the City's emergency telephone numbers, the City Council makes the following findings of fact: 1. A person who knowingly gives false information regarding his own identity or the identity of someone else may falsely implicate another who has committed no acts warranting police investigation. 2. False information regarding the identity of a person will hamper the efficiency of police investigations and will interfere with law enforcement by misleading and misdirecting the efforts of law enforcement personnel. 3. Unwarranted telephone calls to the City's emergency telephone numbers needlessly engage both public safety personnel and emergency communications equipment and thereby prevent such personnel and equipment from being available to respond to actual emergencies within the City if they should arise. 4. Provisions in the City's Code of Laws which make giving false identifications to police officers and make unwarranted telephoning of the City's emergency telephone numbers municipal offenses serves the public health, safety, morals and welfare by deterring conduct which would needlessly hamper police efficiency or needlessly engage emergency personnel and equipment. Section 2. Section 14-17 of the Code of Laws of the City of Wheat Ridge is hereby repealed and reenacted as follows: Sec. 14-17. Unlawful; exception. (a) It is unlawful for any person to report the existence of a fire or other emergency to the police, fire department or any other agency empowered to deal with an emergency involving risk or injury to persons or property, when such person knows the report to be false. For the purposes of this subsection, fire department means any fire protection district or fire-fighting agency of the state, county or municipality; whether the employees or officers of such agency are volunteers or receive compensation for their services as firemen, or both. (b) It is unlawful for any person to report or cause to be reported to any police agency any information concerning the commission of any offense or other incident which would require police action, when: (1) Such person knows that no such offense or other incident has occurred; or (2) Such person knows the information is false or that he has no such information. (c) IT IS UNLAWFUL FOR ANY PERSON TO MAKE TELEPHONE CALLS FROM WITHIN THE CITY TO THE CITY'S POLICE, FIRE OR EMERGENCY TELEPHONE NUMBERS, INCLUDING E911, WHEN SUCH PERSON MAKES THE CALL KNOWINGLY BUT FOR NO LEGITIMATE PURPOSE. THIS SUBSECTION SHALL APPLY REGARDLESS OF WHETHER THE PERSON WHO MAKES THE TELEPHONE CALL SPEAKS OR IN ANY WAY COMMUNICATES TO THE CITY EMPLOYEE ANSWERING THE CALL. (d) This section does not apply to reports of the existence or placement of a bomb or other explosive in any public or private place or vehicle designed for transportation of person or property. Section 3. Section 14-22 of the Code of Laws of the City of Wheat Ridge is hereby repealed and reenacted as follows: Sec. 14-22. When in discharge of duties. (a) It is unlawful for any person to use and/or to threaten to use violence, force or physical interference for the purpose of knowingly obstructing, impairing, hindering or attempting to prevent the investigation of any incident, the enforcement of any penal code or the preservation of the peace by a police officer acting under color of his official authority, and/or any canine utilized by any police officer in the discharge of said authorized official law enforcement duties, or knowingly to obstruct, impair, hinder or attempt to prevent the prevention, control or abatement of fire by a fireman acting under color of his official authority. (b) It is unlawful for any person to threaten violence, reprisal or any other injurious act to any police officer, fireman, city employee or other public official who is engaged in the performance or attempted performance of 2 his official duties, or to make such a threat by reason of such officer's performance or attempted performance of his official duties. (c) IT IS UNLAWFUL FOR A PERSON KNOWINGLY TO GIVE FALSE INFORMATION OR A FALSE NAME OR A FALSE ADDRESS TO A POLICE OFFICER ACTING UNDER COLOR OF OFFICIAL AUTHORITY WITH THE PURPOSE OF IMPLICATING ANOTHER OR WITH THE INTENT TO CONCEAL OR TO HIDE ONE'S OWN REAL NAME, ADDRESS OR AGE. Section 4. Severability. If any clause, sentence, paragraph, or part of this ordinance or the application thereof to any person or circumstances shall for any reason be adjudged by a court of competent jurisdiction invalid, such judgment shall not affect application to other persons or circumstances. Section 5. Safety Clause. The City Council hereby finds, determines, and declares that this ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health, safety, and welfare of the public, and that this ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the ordinance bears a rational relation to the proper legislative object sought to be attained. Section 6. This ordinance shall become effective one day after final publication. INTRODUCED, READ, AND ADOPTED on first reading by a vote of 8 to 0 on this 2nd day of May , 1988, ordered published in full in a newspaper of general circulation in the City of Wheat Ridge and Public Hearing and consideration on final passage set for Monday, June 13 , 1988, at 7:30 o'clock p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. READ, ADOPTED, AND ORDERED PUBLISHED on second and final reading by a vote of 8 to 0 this 13th day of June, , 1988. SIGNED by the Mayor on this 14th day of June 1988. Dan Wilde, Mayor ATTEST: Wanda Sang, City Clerk/ 3 APPROVE P /O FORM BY OFFIC Cjy RNEY 1st Publication: May 5, 1988 2nd Publication: June 16, 1988 Wheat Ridge Sentinel: Effective Date: June 17, 1988 Jo y Attorney