Commerce City Municipal Code Chapter 12 Article I

Sec. 12-1000. – Scope and intent.

The provisions of this chapter shall apply to offenses committed within the city. This chapter is not intended, and shall not be construed, to include any offenses which constitute felonies under state law.

Sec. 12-1001. – Definitions.

Except for the words defined in this section or within a specific ordinance, the words and phrases used in this chapter shall have the meanings as set forth in the state’s criminal code, as that code is amended, and the case law interpreting the same unless the context clearly indicates otherwise.

Affirmative defense means that unless the prosecution’s evidence raises the issue involving the alleged defense, the defendant, to raise the issue, must present some credible evidence on that issue. 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.

Custody means the detention of any person by the city during investigation, or after the charging or conviction, of a violation of any ordinance of the city.

Escape means the continuing activity commencing with the conception of the design to escape and continuing until the escapee is returned to custody or the escape is thwarted or abandoned.

Minor shall mean any natural person who is under eighteen (18) years of age.

Public place means any street, alley, road, highway, sidewalk, parking lot, public or community building, public park, common areas of private buildings, private property open to the general public, and any other place to which the public or a substantial number of the public has access.

Under color of his or her authority means when a peace officer, firefighter, or public servant, in the course of his or her assigned duties, is called upon to make, and does make, a judgment in good faith based upon the surrounding facts and circumstances.

Sec. 12-1002. – Affirmative defenses.

The affirmative defenses available in the state’s criminal code shall be available as affirmative defenses to prosecutions of the offenses contained in this chapter.

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