Boulder Municipal Code Title V Chapter 1

Chapter 5-1: Definitions

5-1-1 Definitions.

The following terms used in this title have the following meanings unless the context clearly indicates otherwise:

“Act” means a bodily movement and includes words and possession of property.

“Affirmative defense” means a defense in which the defendant, to raise the issue, presents some credible evidence on that issue, unless the city’s evidence raises the issue involving the alleged defense. If the issue involved in an affirmative defense is raised, then the guilt of the defendant must be established beyond a reasonable doubt as to that issue as well as all other elements of the violation.

“Age” shall mean the chronological age of a person.

“Approach” means to move closer with any part of the body or any extension thereof.

“Anti-personnel device” means any assemblage of material that is designed to, or does, kill, injure or trap people when activated.

“Blackjack” means any billy club, sand club, sandbag, or other hand-operated striking weapon consisting, at the striking end, of an encased piece of lead or other heavy substance and, at the opposite end, a strap or springy shaft that increases the force of impact.

“Bias motivated crime” shall mean the commission of any of the underlying offenses specified below if the offense is committed by reason of the actual or perceived race, color, religion, national origin, age, disability, sexual orientation, gender, gender identity or gender variance of another individual or group of individuals. The underlying offenses are sections 5-3-1, “Assault in the Third Degree,” 5-3-2, “Brawling,” 5-3-3, “Physical Harassment,” 5-3-4, “Threatening Bodily Injury,” 5-3-6, “Use of Fighting Words,” or 5-4-1, “Damaging Property of Another,” B.R.C. 1981. No “bias motivated crime” finding shall occur unless the allegation of bias motivation has been specifically charged and sustained by an in-court admission of a defendant, or by a specific finding established beyond a reasonable doubt by a judge or jury in a contested trial.

“Bodily injury” means physical pain, illness, or any impairment of physical or mental condition.

“Code enforcement officer” means any city employee or person employed under independent contract by the city who is appointed by the city manager to enforce the laws of the city. “Code enforcement officer” also means an authorized volunteer appointed by the city manager to enforce the laws concerning parking of vehicles in spaces reserved for the handicapped by issuing parking tickets.

“Conduct” means an act or omission and its accompanying state of mind, if any, or, where relevant, a series of acts or omissions.

“Culpable mental state” means intentionally, or with intent, or knowingly, or willfully, or recklessly, or negligently as set forth below:

(a) “Intentionally” or “with intent” means that one’s conscious objective is to cause the specific result proscribed by the provision of this code or the ordinance defining the violation. All violations defined in this code in which the mental culpability requirement is expressed as “intentionally” or “with intent” are specific intent offenses. It is immaterial to the issue of specific intent whether or not the result actually occurred.

(b) “Knowingly” or “willfully” means, with respect to conduct or to a circumstance described by a section of this code or an ordinance defining a violation, that a person is aware that such person’s conduct is of that nature or that the circumstance exists. With respect to a result this means that a person is aware that such person’s conduct is practically certain to cause the result. All violations defined in this code in which the mental culpability requirement is expressed as “knowingly” or “willfully” are general intent offenses.

(c) “Recklessly” means consciously to disregard a substantial and unjustifiable risk that a result will occur or that a circumstance exists.

(d) “Negligently” means to act with negligence with respect to a result or to a circumstance described by a section of this code by failing to exercise the degree of care that would be exercised by the ordinarily reasonable and prudent inhabitant of the city under the same or similar circumstances.

“Deadly physical force” means force, the intended, natural, and probable consequence of which is to produce death and which does, in fact, produce death.

“Deadly weapon” means any of the following that in the manner it is used or intended to be used is capable of producing death or serious bodily injury:

(a) A firearm, whether loaded or unloaded;

(b) A knife;

(c) A bludgeon; or

(d) Any other weapon, device, instrument, material, or substance, whether animate or inanimate.

“Disability” shall mean a physical or mental impairment that substantially limits one or more major life activities, a record of such impairment, or being regarded as having such impairment. The term excludes current use of alcohol or drugs.

“Dwelling” means a building that is used, intended to be used, or usually used by a person for habitation, but excludes lobbies, boiler rooms, hallways, and other common areas of hotels, motels, apartments, condominiums, nursing homes, and similar communal residential buildings.

“Firearm” means any handgun, automatic revolver, pistol, rifle, shotgun, or other instrument or device capable or intended to be capable of discharging bullets, cartridges, or other explosive charges.

“Gas gun” means a device designed for projecting gas-filled projectiles that release their contents after having been projected from the device and includes projectiles designed for use in such a device.

“Gas or mechanically operated gun” means an air or gas operated gun that discharges pellets, BB shots, arrows, or darts, including, without limitation, BB guns, spring guns, and other similarly operated guns or weapons.

“Gender” shall have the same meaning as the term “sex” defined in section 12-1-1, “Definitions,” B.R.C. 1981.

“Gender identity” and “gender variance” shall have the meanings defined in section 12-1-1, “Definitions,” B.R.C. 1981.

“Gravity knife” means any knife with a blade that may be released from the handle or sheath thereof by the force of gravity or the application of centrifugal force, which when released is locked in place by means of a button, spring, lever or other device.

“Health care facility” means a state-licensed general hospital, psychiatric hospital, or community clinic, as defined in Colorado state statutes, as they may be amended from time to time, or a building containing an office or other place where a state-licensed physician practices medicine, on a full- or part-time basis, which is not required to be licensed under Colorado state statutes, but which is identified by a sign, visible from the adjacent public way.

“Illegal weapon” means a blackjack, gas gun, metallic knuckles, gravity knife, or switchblade knife.

“Knife” means any dagger, dirk, knife, or stiletto with a blade over three and one-half inches in length, or any other dangerous instrument capable of inflicting cutting, stabbing, or tearing wounds, but does not include a hunting or fishing knife carried for sports use.

“Mall” means the Downtown Boulder Mall as defined in Ordinance No. 4267, as amended by Ordinance No. 4543.2

“Omission” means a failure to perform an act as to which a duty of performance is imposed by law.

“Peace officer” means any police officer or city code enforcement officer.

“Police officer” means:

(a) Any city police officer commissioned by the city manager;

(b) Any person appointed by the city manager pursuant to charter section 72;

(c) Any peace officer of another jurisdiction who is also commissioned by the city manager to enforce the laws of the city;

(d) Any city park patrol officer commissioned by the city manager;

(e) Any city fire chief or fire marshal or firefighter commissioned by the city manager; and

(f) Any other city employee designated by the city manager to exercise police powers, including the power of arrest, and commissioned by the city manager.

“Serious bodily injury” means bodily injury that involves a substantial risk of death, serious permanent disfigurement, or protracted loss or impairment of the function of any part of an organ of the body.

“Specific defense” means a defense in which the defendant, to raise the issue, presents some credible evidence on that issue, unless the city’s evidence raises the issue involving the defense. If the issue involved in the specific defense is raised, it may be submitted to the trier of fact along with other issues, but the defendant bears the burden of proving the issue by a preponderance of the evidence, although the city must prove all other issues by proof beyond a reasonable doubt in any criminal action.

“Switchblade knife” means any knife, the blade of which opens automatically by hand pressure applied to a button, spring, or other device in its handle.



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