Boulder Municipal Code Title V Chapter 6

Chapter 5-6: Miscellaneous Offenses15

5-6-1 Unreasonable Noise.Go to the top

Repealed.

(Ordinance Nos. 5660 (1994); 7151 (2001); 7349 (2004); 7358 (2004))

5-6-2 Excessive Sound Levels.Go to the top

Repealed.

(Ordinance Nos. 4981 (1986); 5206 (1989); 5271 (1990); 5821 (1996); 5930 (1997); 7083 (2000); 7152 (2001); 7358 (2004))

5-6-3 Unlawful Use of Vehicles as Residence.Go to the top

No person shall occupy a vehicle upon any city street or streets or other public property if any of the purposes for such occupation is to use the vehicle as a permanent or temporary residence. Sleeping overnight upon any city street once in any seven-day period does not constitute use of the vehicle as a temporary residence. The maximum penalty for a first or second conviction within two years, based on date of violation of this section, is a fine of $500.00. For a third and each subsequent conviction within two years, based upon the date of the first violation, the general penalty provisions of section 5-2-4, “General Penalties,” B.R.C. 1981, shall apply.

Ordinance Nos. 5546 (1993); 7831 (2012)

5-6-4 Hotel and Motel Registration.Go to the top

(a) No person who manages or keeps a hotel, motel, boarding house, rooming house, or lodging house in the city shall fail:

(1) To keep a book in which shall be registered shortly after arrival the name and residence address of each transient guest and, if the guest is traveling in a motor vehicle, the license number and owner of such motor vehicle;

(2) To number the rooms available for transient guests;

(3) To record the number of the room occupied by any such guest in such register; and

(4) To maintain such register for three years and open it for inspection at all times to all federal, state, and local peace officers.

(b) No person shall register in other than such person’s true name or by the name by which such person is generally known.

(c) The maximum penalty for a first or second conviction within two years, based on date of violation of this section, is a fine of $500.00. For a third and each subsequent conviction within two years, based upon the date of the first violation, the general penalty provisions of section 5-2-4, “General Penalties,” B.R.C. 1981, shall apply.

Ordinance No. 7831 (2012)

5-6-5 Juvenile Curfew.Go to the top

(a) No person under sixteen years of age shall be or remain upon any public street, sidewalk, alley or any public place or right of way between 11:00 p.m. and 5:00 a.m., except as provided in subsection (b) of this section. The maximum penalty for a first or second conviction within two years, based on date of violation of this section, is a fine of $500.00. For a third and each subsequent conviction within two years, based upon the date of the first violation, the general penalty provisions of section 5-2-4, “General Penalties,” B.R.C. 1981, shall apply.

(b) In the following exceptional cases, a minor may be or remain in a public place beyond the hours set forth in subsection (a) of this section:

(1) When accompanied by a parent or legal guardian, a person between eighteen and twenty-one years of age with written parental authorization, or a person twenty-one years of age or older with parental authorization;

(2) For one-half hour before or after employment hours when commuting directly to and from such employment and when carrying an employer’s certification of time and place of employment;

(3) When conducting an errand directed by the parent or legal guardian;

(4) When returning home from events such as movies, theater, or sporting events;

(5) Until 12:30 a.m. if the person is on the property or a sidewalk directly adjacent to a building in which such person resides or buildings immediately adjacent to the building in which such person resides; or

(6) When exercising First Amendment rights under the United States Constitution, such as the free exercise of religion, speech, and assembly.

(c) A police officer who has probable cause to believe that a child is in violation of this section shall take such child into custody and immediately contact the child’s parent or guardian. If, after this contact, there is still probable cause to believe that the child was violating this section, the child shall be turned over to the custody of the juvenile authorities until a parent or guardian can take custody of the child.

(d) No parent or guardian shall permit or by inefficient control allow a violation of this section by a child in such person’s custody or control.

Ordinance No. 7831 (2012)

5-6-6 Fireworks.Go to the top

(a) For purposes of this section, the term fireworks means any article, device or substance prepared for the primary purpose of producing a visual or auditory sensation by combustion, explosion, deflagration or detonation, including, without limitation, the following articles and devices: toy cannons or toy canes in which explosives are used, blank cartridges, firecrackers, torpedoes, skyrockets, rockets, Roman candles, Day-Glo bombs, aerial shells, trick matches, torches, fountains, sparklers or other fireworks of like construction, and any fireworks containing any explosive or flammable compound, or any tablets or other device containing any explosive substance. Excluded from this definition are fireworks used by railroads or other transportation agencies for signaling or illumination; blank cartridges used for theatrical performances, historical reenactments, signaling or ceremonial purposes; and fireworks used by police officers, the armed forces of the United States or the Colorado National Guard.

(b) The possession, manufacture, storage, sale, handling and use of fireworks are prohibited. No person shall possess, store to offer for sale, expose for sale, sell at retail, or use or explode any fireworks except after obtaining a permit for the supervised public display of fireworks as prescribed by the city fire prevention code,chapter 10-8, “Fire Prevention Code,” B.R.C. 1981.

(c) On residential property, each resident of such property who is present in the immediate vicinity when another person attempts to fire or explode fireworks has an affirmative duty to take reasonable measures under the circumstances to prevent the firing or exploding and, if those fail to prevent the offense, to cooperate with investigating law enforcement officers to identify the perpetrator of such act. Failure to discharge this duty shall render such a person a complicitor to the offense of firing or exploding the fireworks.

Ordinance Nos. 4879 (1985); 7083 (2000); 7358 (2004); 7842 (2012)

5-6-7 Public Urination.Go to the top

No person shall urinate or defecate while on the mall, in any city park within the city limits, on any property zoned for residential uses without the express permission of the owner, or within any portion of the city zoned for business, industrial, or public uses, unless such voiding is made into a receptacle that has been provided for that purpose that stores or disposes of the wastes in a sanitary manner and that is enclosed from the view of the general public.

5-6-8 Skateboards on Mall.Go to the top

No person on the mall shall ride upon the mall any skateboard, skates, coaster or other similar device. The maximum penalty for a first or second conviction within two years, based on date of violation of this section, is a fine of $500.00. For a third and each subsequent conviction within two years, based upon the date of the first violation, the general penalty provisions of section 5-2-4, “General Penalties,” B.R.C. 1981, shall apply.

Ordinance No. 7831 (2012)

5-6-9 Projectiles on Mall.Go to the top

(a) No person shall cast, throw or propel any projectile on the mall. This prohibition includes, without limitation, throwing balls, boomerangs, bottles, darts, Frisbees and other like devices, model airplanes, rocks, snowballs and sticks. The maximum penalty for a first or second conviction within two years, based on date of violation of this section, is a fine of $500.00. For a third and each subsequent conviction within two years, based upon the date of the first violation, the general penalty provisions of section 5-2-4, “General Penalties,” B.R.C. 1981, shall apply.

(b) This section does not apply to a juggler if the juggler does not cast, throw, or propel a knife, including, without limitation, a knife with a blade three and one-half inches in length or less, or burning projectile or if the juggler is acting within the terms of a special entertainment permit issued under the provisions of chapter 4-11, “Mall Permits and Leases,” B.R.C. 1981.

Ordinance No. 7831 (2012)

5-6-10 Camping or Lodging on Property Without Consent.Go to the top

(a) No person shall camp within any park, parkway, recreation area, open space or other city property.

(b) No person shall camp within any public property other than city property or any private property without first having obtained:

(1) Permission of the authorized officer of such public property; or

(2) Permission of the owner of private property.

(c) This section does not apply to any dwelling in the city, as defined by section 5-1-1, “Definitions,” B.R.C. 1981.

(d) For purposes of this section “camp” means to reside or dwell temporarily in a place, with shelter, and conduct activities of daily living, such as eating or sleeping, in such place. But the term does not include napping during the day or picnicking. The term “shelter” includes, without limitation, any cover or protection from the elements other than clothing. The phrase “during the day” means from one hour after sunrise until sunset, as those terms are defined in chapter 7-1, “Definitions,” B.R.C. 1981.

(e) Testimony by an agent of the persons specified in subsection (b) of this section that such agent is the person who grants permission to camp or lodge upon such property, or that in the course of such agent’s duties such agent would be aware of permission and that no such permission was given, is prima facie evidence of that fact.

(f) The maximum penalty for a first or second conviction within two years, based on date of violation of this section, is a fine of $500.00. For a third and each subsequent conviction within two years, based upon the date of the first violation, the general penalty provisions of section 5-2-4, “General Penalties,” B.R.C. 1981, shall apply.

Ordinance Nos. 7129 (2001); 7719 (2010); 7831 (2012)

5-6-11 Inhaling Toxic Vapors.Go to the top

(a) No person shall knowingly smell or inhale the fumes of toxic vapors for the purpose of causing a condition of euphoria, excitement, exhilaration, stupefaction, or dulled senses of the nervous system, or possess, buy, or use any such substance for the purpose of violating or aiding another to violate this section. But this section does not apply to the inhalation of anesthesia for medical or dental purposes.

(b) As used in this section, the term “toxic vapors” means the following substances or products containing such substances: alcohols (methyl, isopropyl, propyl, or butyl), aliphatic acetates (ethyl, methyl, propyl, or methyl cellosolve acetate), acetone, allyl isothiocyanate, nitrous oxide, benzene, carbon tetrachloride, cyclohexane, Freons (Freon 11 and Freon 12), hexane, methyl ethyl ketone, methyl isobutyl ketone, naphtha, perchlorethylene, toluene, trichloromethane, or xylene. Evidence that a container, or a similar container, if the label is missing, lists one or more of these substances is prima facie evidence that the substance in such container contains toxic vapors and emits the fumes thereof.

(Ordinance No. 5209 (1989))

5-6-12 Fraudulent Identification Documents Prohibited.Go to the top

(a) No person shall:

(1) Possess an identification document that is forged, counterfeited or possessed for the purpose of committing an act in violation of law.

(2) Possess an identification document that was validly issued but then altered by someone other than the issuing agency.

(3) Possess any identification document of another person with the intent to display or present it as having been issued to the person possessing the document.

(4) Display or present an identification document of another person in a manner that falsely suggests that it was issued to the person displaying or presenting it.

(5) Provide a valid identification to another person under circumstances in which the provider knows, or reasonably should know, that the document will be displayed or presented as having been issued to the person to whom the identification document was provided.

(b) For the purposes of this section, “identification documents” means documents that were issued for the purpose of identifying the person to whom the document was issued. Such documents include, without limitation, documents issued by governmental agencies that contain identifying data such as the date and place of birth of the person identified; licenses issued by any national, state or local government; birth certificates; social security cards; drivers’ licenses issued by any government; and official identification cards. An identification document is “of another person” if it was validly issued, but for a person other than the possessor.

(c) A liquor licensee, or an employee of a liquor licensee, may seize and hold for evidence any identification if acting in good faith and upon probable cause to believe that the identification is possessed or displayed or presented in violation of this section.

Ordinance No. 7129 (2001); 7534 (2007)

5-6-13 Public Nudity Prohibited.Go to the top

(a) No person who is ten years of age or older shall intentionally expose any portion of his or her anus, vulva, penis or scrotum while that person is located:

(1) In a public right of way, in a park or recreation center, in a public building, in a public square or while located in any other public space or mall; or

(2) On private property if the person is in a place that can be viewed from the ground level by another who is located on public property and who does not take extraordinary steps such as climbing a ladder or peering over a screening fence in order to achieve a point of vantage.

(b) This prohibition does not extend to:

(1) People who are undergoing bona fide emergency medical examinations or treatment; or

(2) People located in dressing rooms, shower rooms, bathrooms or in other enclosed areas specifically designated for changing clothes or in which nudity is explicitly permitted.

(c) The maximum penalty for a first or second conviction within two years, based on date of violation of this section, is a fine of $500.00. For a third and each subsequent conviction within two years, based upon the date of the first violation, the general penalty provisions of section 5-2-4, “General Penalties,” B.R.C. 1981, shall apply.

Ordinance Nos. 7711 (2010); 7831 (2012)

5-6-14 Hot Air Balloons.Go to the top

(a) For purposes of this section, the term hot air balloon means any balloon that requires fire underneath to propel it.

(b) No person shall take or carry any hot air balloon into any park, parkway, recreation area or open space or launch a hot air balloon from any public property in the City.

(c) No person shall launch or land any hot air balloon on any private property except in an industrial zoning district with the permission of the property owner.

 



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