Offenses Relating to Safety - 8.04

This Chapter shall be construed in such manner as to promote maximum fulfillment of its general purposes, namely, to define offenses, describing adequately the act which constitutes each offense relating to health and safety, to give fair warning to all persons concerning the nature of the conduct prohibited, and to forbid the commission of offences.

For the purposes of this Chapter the following terms, phrases, and their derivations shall have the meaning given herein:

1. "Arrow" means any missile or projectile shot or propelled from a bow.
2. "Bow" means a longbow, re-curved bow, or compound bow on which the string is not drawn mechanically or held mechanically under tension. String releases or mechanical releases, which are hand drawn or hand-held with no other attachment or connection to the bow other than to the bowstring, are lawful devices
3. "Cross bow" means a bow, which is attached at a right angle to a stock with a mechanical mechanism for holding the bowstring in a cocked position and fired from the shoulder.
4. "Firearm" means any handgun, automatic, revolver, pistol, rifle, shotgun, or other instrument or device capable of or intended to be capable of discharging bullets, cartridges, or other explosive charges.
5. "Pellet gun" means a handgun or rifle of .177 caliber or larger firing pellets or BB’s and powered by compressed air gas.
6. "Sling shot" means a hand held device, not drawn or held mechanically, with the arms or attachment points to which an elastic band is attached for propelling small stones or metal projectiles. Wrist-braced attachments and non-elastic projectiles pouches are considered normal components of a slingshot.

No person shall knowingly throw or shoot any stone or other missile at or upon any person, animal, motor vehicle, and public property or at or upon any building, structure, tree or other public or private property not belonging to that person.

1. A person commits an offense if:
   1. He knowingly and unlawfully displays or aims a firearm at another person;
   2. Not being a peace officer, he knowingly and unlawfully fires or discharges any firearm or knowingly fires or discharges any crossbow anywhere within the Town, except at a lawfully authorized target range.
   3. He knowingly fires and discharges any air gun, gas operated gun, B.B. gun, pellet gun, slingshot, or spring gun anywhere within the Town. He knowingly and unlawfully explodes or sets off any combustible or explosion material;
   4. He knowingly sets a loaded gun, trap, or device designed to cause explosion upon being tripped or approached, and leaves it unattended by a competent person immediately present;
   5. He has in his possession a firearm while he is under the influence of intoxicating liquor or of a controlled substance, as defined in C.R.S. Section 12-232-303(7), as amended. Possession of a permit issued under C.R.S. Section 18-2-05(2) (c), as amended, shall not be a defense to a violation of this subsection; or
   6. He recklessly or carelessly shoots a bow and arrow.
2. The chief of police may grant an exception to this Section, in writing, for contests, sporting events, construction and/or maintenance work. Said permission shall limit the time and place of such firing; and shall be subject to being revoked by the chief of police at any time after the same has been granted.
3. Every person convicted of any violation of this Section shall forfeit such firearm or weapon illegally discharged or displayed to the Town. Any firearm or weapon forfeited pursuant to this Section shall be disposed of by the chief of police pursuant to law.
4. It shall be an affirmative defense to any provision of this Section that the act was committed by a peace officer in the lawful discharge of his duties.

It shall be unlawful for any person to knowingly store within the Town or within one (1) mile thereof any amount of gunpowder, blasting powder, nitroglycerin, dynamite, or other high explosive in excess of one (1) fifty (50) pound box or in excess of five hundred (500) caps or other devices used for the detonation of such high explosives. This Section shall not be deemed to apply to sporting goods businesses and other businesses licensed to store explosives pursuant to law.

It shall be unlawful for any person to knowingly leave or permit to remain outside of any dwelling, building or other structure, or within any unoccupied or abandoned building, structure or dwelling under his control, in a place accessible to children, any abandoned unattended or discarded icebox, refrigerator, or other container which has a door or lid, snap lock, or other locking device which may not be released from the inside, without first removing said door or lid, snap lock or other locking device.