- 12.08.010 Purpose
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 streets and public places, to give fair warning to all persons concerning the nature of the conduct prohibited, and to forbid the commission of offenses.
- 12.08.020 Definitions
For the purposes of this chapter the following terms, phrases, and their derivations shall have the meaning given herein:
- “Camping equipment” includes not only a tent, trailer, or recreational vehicle used to accommodate a camper but also vehicles used for transport and any associated camping paraphernalia.
- “Loiter” means to be dilatory; to stand idly around; to linger, delay, or wander about; or to remain, abide, or tarry in a public place.
- Public agency” means the Town, County, State , and any special district organized in accordance with the Colorado State Statutes.
- “Public building” includes any premises being permanently or temporarily used by a public officer or employee in the discharge of his official duties.
- “Public park or recreation area” means any park, playground, camper park, open space, or recreation site owned, operated, or leased by the Town, School District RE-4, Western Rio Blanco Metropolitan Parks and Recreation District.
- “Public place” means any street, alley, highway, sidewalk, park, recreation area, playground, or place to which the general public has access and a right to resort for business, entertainment, or other lawful purpose. A public place shall include but not be limited to any store, shop, restaurant, tavern, bowling center, café, theatre, drug store, poolroom, shopping center, and any other place devoted to amusement or entertainment of the general public. It shall also include the front or immediate area of the above.
- 12.08.030 Obstructing highway or other passageway
- An individual commits an offense if, without legal privilege, he intentionally, knowingly, or recklessly:
- Obstructs a highway, street, sidewalk, railway, waterway, building entrance, elevator, aisle, stairway, or hallway to which the public or a substantial group of the public has access or any other place used for the passage of persons, vehicles, or conveyances, whether the obstruction arises from his acts alone or from his acts and the acts of others; or
- Disobeys a reasonable request or order to move issued by a person he knows to be a peace officer, a fireman, or a person with authority to control the use of the premises, to prevent obstruction of a highway or passageway or to maintain public safety by dispersing those gathered in dangerous proximity to a fire, riot, or other hazard.
- For purpose of this Section, “obstruct” means to interfere with, to render impassable or to render passage unreasonably inconvenient or hazardous.
- An individual commits an offense if, without legal privilege, he intentionally, knowingly, or recklessly:
- 12.08.040 Disrupting lawful assembly
A person commits the offense of disrupting lawful assembly if, intending to prevent or disrupt any lawful meeting, procession, or gathering, he significantly obstructs or interferes with the meeting, procession, or gathering by physical action, verbal utterance, or any other means.
- 12.08.050 Interference with staff, faculty, or students of educational institution
- No person shall, on or near the premises or facilities of any educational institution, willfully deny to students, school officials, employees, and/or invitees lawful freedom of movement on the premises, lawful use of the property or facilities of the institution; or the right of lawful ingress and egress to the institution’s physical facilities.
- No person shall, on the premises of any educational institution, willfully impede the staff or faculty of such institution in the lawful performance of their duties or willfully impede a student of the institution in the lawful pursuit of his educational activities through the use of restraint, abduction, coercion, or intimidation, or threats of same.
- No person shall 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, or his designee, charged with maintaining order on the school premises and in its facilities, if such person is committing, threatens to commit, or incites others to commit any act which would disrupt, impair, interfere with, or obstruct the lawful mission, processes, procedures, or functions of the institution.
- It shall be an affirmative defense that the defendant was exercising his right to lawful assembly and peaceful and orderly petition for the redress of grievances, including any labor dispute between an educational institution and its employees, any contractor or subcontractor, or any employee thereof.
- 12.08.060 Public building--Trespass, interference
- No person shall so conduct himself at or in any public building owned, operated, or controlled by the Town so as to willfully deny to any public official, public employee, or invitee on such premises the lawful rights of such official, employee, or invitee to enter, to use the facilities of, or to leave any public building.
- No person shall, at or in any such public building, willfully impede any public official or employee in the lawful performance of duties or activities through the use of restraint, abduction, coercion, or intimidation or by force and violence or threat thereof.
- No person shall willfully refuse or fail to leave any such public building upon being requested to do so by the Town administrator charged with maintaining order in such public building, if the 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, procedure, or functions being carried on in the public building.
- No person shall, at any meeting or session conducted by any judicial, legislative, or administrative body or official at or in any public building, 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 the meeting or by any act designed to intimidate, coerce, or hinder any member of such body or official engaged in the performance of duties at such meeting or session.
- No person shall, by any act of intrusion into the chamber or other areas designated for the use of any executive body or official at or in any public building, willfully impede, disrupt, or hinder the normal operations or proceedings being conducted within the building.
- The term “public building”, as used in this section, includes any premises being permanently or temporarily used by a public officer or employee in the discharge of his official duties.
- It shall be an affirmative defense that the defendant was exercising his right to lawful assembly and peaceful and orderly petition for the redress of grievances, including any labor dispute between the Town and its employees, any contractor or subcontractor, or any employee thereof.
- 12.08.070 Loitering
- A person commits an offense if he:
- Loiters for the purpose of begging;
- Loiters for the purpose of unlawful gambling with cards, dice, or other gambling paraphernalia;
- Loiters for the purpose of engaging or soliciting another person to engage in prostitution or deviate sexual intercourse; or
- With intent to interfere with or disrupt the school program or with intent to interfere with or endanger schoolchildren, loiters in or upon a school building or grounds or within one hundred (100) feet of school grounds when persons under the age of eighteen (18) are present in the building or on the ground, not having any reason or relationship involving custody of, or responsibility for a pupil, or involving the business, functions, or mission of the school after having been asked to leave by a school administrator or his representative or by a peace officer.
- It shall be an affirmative defense that the defendant’s acts were lawful and he was exercising his rights of lawful assembly as a part of peaceful and orderly petition for the redress of grievances, either in the course of labor disputes or otherwise
- A person commits an offense if he:
- 12.08.080 Hindering transportation
A person commits an offense if he knowingly and without lawful authority forcibly stops or hinders the operation of any vehicle used in providing transportation services of any kind to the public or to any person, association, or corporation.
- 12.08.090 Building and lot numbers
All buildings and lots shall be numbered in accordance with a system established and a procedure approved by the Town manager and on file in the municipal building. The owner of any building or structure situated on a lot or parcel of land fronting any street shall cause to be placed on the front of the building or structure in such as manner that it may be read from the street a number assigned by the Town manager. Numbers shall be a minimum of four (4) inches high and two (2) inches wide.
- 12.08.100 Public parks and recreation areas
The following acts are prohibited in any public park or recreation area: failing to remove and properly disposing of all garbage, including paper, cans, bottles, waste materials and rubbish by removal from the site or area; draining or dumping refuse or waste from any trailer, recreational vehicle, or other vehicle except in places or receptacles provided for such use; cleaning fish or game, preparing food, or washing clothes or articles of household use at any water faucets, restrooms, or water hydrants; polluting or contaminating any streams or rivers, water supplies, or water used for human consumption; depositing any body waste in a public park or recreation area or any restroom or other public structure therein except into receptacles provided for that purpose; depositing any bottles, cans, clothing, rags, metal, wood, stone, or any other damaging substance in any of the facilities and fixtures in a restroom or other public structure except in receptacles provided for that purpose; using refuse containers or other refuse facilities for dumping of household or commercial garbage or trash brought from private property; inciting or participating in riots or engaging in boisterous, abusive, or threatening acts or language; destroying, defacing, or removing any natural feature or plant; destroying, injuring, defacing, removing, or disturbing in any manner any public building, sign, equipment, marker, or other structure of property; selling or offering for sale any merchandise without the prior written consent of the owner or operator of the public park or recreation area; distributing any handbills or circulars, or posting, placing, or erecting any bills, notices, paper, or advertising devices or matter of any kind without the prior written consent of the owner or operator of the public park or recreation area; discharging firearms, firecrackers, rockets, or any other fireworks except for fireworks displays authorized by and sponsored by a public agency; operating or using any audio devices, including radios, televisions, or musical instruments or any other noise-producing devices, such as an electrical generator, in such a manner and at such times so as to disturb other persons using the public park or recreation area; operating or using public address systems, whether fixed or portable, or installing any radio, telephone, or television equipment, except with the prior written consent of the owner or operator of the public park or recreation area; using or occupying any site or location for other than primarily recreational purposes; entering or using a site or location closed to public use as established by notices prominently displayed and in such locations that will reasonably bring them to the attention of the public; occupying a site or location with prohibited camping equipment, such prohibitions contained in notices prominently displayed and in such locations that will reasonably bring them to the attention of the public; building a fire outside of stoves, grills, fireplaces, or outside of fire rings established for such purposes, or failing to extinguish a fire upon departure; camping overnight in a public park or recreation area restricted to day use; failing to remove camping equipment or to clean rubbish and trash before departure; pitching tents or parking trailers or recreation vehicles or placing other camping equipment except in sites or locations specifically provided for such purposes, camping overnight for a longer period than fourteen days in any ninety day period; failing to maintain quiet in campgrounds between the hours of 10:00 (ten) p.m. and 6:00 (six) a.m., entering or remaining during darkness except for persons occupying sites or locations and visitors of such persons; bringing a dog or cat, or other animal unless it is crated, caged, or upon a leash not longer than six (6) feet, or otherwise under physical restraint and control at all times and riding or leading any horse or other livestock except upon paths or other ways expressly provided and posted for the purpose; and any act forbidden by any other provision of this Code.
- 12.08.110 Fees or user charges--Public park or recreation area
Fees or user charges for the use of any public park or recreation area may be established and regulations governing conduct and activities within such park or area not in conflict with those acts prohibited in Chapter 12.08 Offenses relating to streets and public places of Title 12 Streets and Public Places or other provisions of this Code may be prepared by the owner of any such public park and recreation area. Such regulations shall be for the purpose of ensuring the public health, safety, and welfare in public parks and recreation areas by providing for proper recreational use by all users; limiting ecological, resource, and facilities damage; and minimizing annoyance to visitors and other users. Such regulations may include but not be limited to restrictions on use of various sites and locations for specific recreational activities, restrictions on the number and location of overnight camping facilities, and restrictions on the hours of use. Such regulations and fees or user charges may be recommended by a lessee or operator of a public park or recreation area but, to be effective, any such regulations and fees or user charges must be approved by the governing body of the owner of the public park and recreation area and must be posted on signs or notices prominently displayed and in such locations that will reasonably bring them to the attention of the public. Any violation of such regulations duly promulgated and posted or failure to pay fees or user charges duly established and posted shall be considered an offense and shall be punished as other offenses described in this Chapter.
- 12.08.120 Curfew for minors
- It is unlawful for any minor under the age of eighteen (18) years to drive or travel in a vehicle, wander, loiter, idle, or play upon any public street, highway, road, alley, or other public ground, public place, public building, vacant lot, or other unsupervised place after the hour of ten thirty (10:30) p.m. on Sunday, Monday, Tuesday, Wednesday, or Thursday and prior to the hour of six (6:00) a.m. of the following day, or after the hour of eleven thirty (11:30) p.m. on Friday and Saturday and prior to the hour of six (6:00) a.m. of the following day, except that during the months of June, July, and August the curfew hours shall extend to the hour of eleven thirty (11:30) p.m. on each day of the week. These restrictions shall not apply to lawful employment, and emergency errand, or legitimate business or activity directed or authorized by the parent, guardian, or other adult person having the care and custody of the minor nor shall they apply if a person of twenty-one (21) years of more accompanies the minor and has express permission of said parent, guardian, or other adult person to have temporary custody and care of the minor.
- It is an offense for a parent, guardian, or other person having care or custody of any minor under the age of eighteen (18) years to intentionally, knowingly, or negligently allow or permit any such child to travel in a vehicle, wander, loiter, idle, and play in or upon any public street, highway, road, alley, or other public ground, public place, public building, vacant lot, or other unsupervised place in violation of this subsection. The fact that the child is upon any of the places described herein contrary to the provisions of this subsection shall be prima face evidence that the parent, guardian, or other person having custody of the minor is in violation of this subsection.
- A police officer upon finding a minor in violation of this Section shall ascertain the name and address of such minor and warn the minor that he or she is in violation of curfew and shall direct the minor to proceed at once to his or her home or usual place of abode. The police officer shall report such action to the chief of police who in turn shall notify the parent, guardian, or person having care or custody of such minor. If such minor refuses to heed such warning or direction by any police officer or refuses to give such police officer his or her correct name and address, or if the minor has been warned on a previous occasion that he or she is in violation of curfew, he or she shall be taken to the Town police department, and the parent, guardian, or other adult person having the care and custody of such minor shall be notified to come and take charge of such minor. If such parent, guardian, or other adult person cannot be located to come and take charge of the minor, the minor shall be released to the County Department of Social Services.