Commerce City Municipal Code Chapter 12 Article V

Sec. 12-5000. – Disorderly conduct.

Sec. 12-5001. – Disturbing lawful assembly.

Sec. 12-5002. – Unlawful assembly.

Sec. 12-5003. – Unlawful loitering.

Sec. 12-5004. – Disturbing the peace.

Sec. 12-5005. – Restricted and prohibited solicitations.

Sec. 12-5006. – Open containers.

Sec. 12-5007. – Gambling.

Sec. 12-5008. – Prostitution and pandering.

Sec. 12-5009. – Public indecency and indecent exposure.

Sec. 12-5010. – Nuisance party prohibited.



Sec. 12-5000. – Disorderly conduct.

It shall be unlawful for any person to intentionally, knowingly, or recklessly:

(1) Make a coarse and obviously offensive utterance, gesture, or display in a public place when such utterance, gesture, or display tends to incite an immediate breach of the peace;

(2) Make unreasonable noise in a public place or near a private residence that he or she has no right to occupy;

(3) Fight with another in a public place, except a sporting event authorized by law; or

(4) Not being a police officer, display a deadly weapon in a public place in a manner calculated to alarm.

Sec. 12-5001. – Disturbing lawful assembly.

(a) General prohibition. It shall be unlawful for any person to intentionally and significantly obstruct or interfere with any lawful assembly by physical action, verbal utterance or any other means.

(b) Educational institutions. It shall be unlawful for any person to willfully deny students, school officials, employees, and invitee access to, freedom of movement within, or the lawful use of any educational facility or institution. It shall also be unlawful for any person to willfully impede or disrupt the staff or such institution in the lawful performance of their duties or to impede a student of the institution in the pursuit of any activity offered by the institution.

Sec. 12-5002. – Unlawful assembly.

It shall be unlawful for any person to assemble with two (2) or more other persons for the purpose of engaging or preparing to engage in unlawful conduct, or when, being at an assembly which either has or develops such purpose, to remain there with the intent to advance that purpose.

Sec. 12-5003. – Unlawful loitering.

It shall be unlawful for any person to loiter:

(1) While unlawfully gambling with cards, dice or any other gambling paraphernalia;

(2) With one (1) or more persons, and unlawfully use, possess, sell or attempt to sell a controlled substance; or

(3) With an intent to interfere with or disrupt the school program or with intent to interfere with or endanger school children, in a school building or on school grounds or within one hundred (100) feet of a school grounds when persons under the age of eighteen (18) are present in the building or on the grounds, not having any reason or relationship involving custody of, or responsibility for, a pupil or any other specific, legitimate reason for being there, and has been asked to leave by a school administrator or representative or a peace officer.

Sec. 12-5004. – Disturbing the peace.

It shall be unlawful for any person to disturb or aid in disturbing the peace of others by violent, tumultuous, offensive, disorderly, or obstreperous conduct or to permit such conduct upon any premises owned or possessed by that person or under that person’s control.

Sec. 12-5005. – Restricted and prohibited solicitations.

(a) Definitions. As used in this section, the following words and phrases shall have the following meanings:

(1) At-risk person means a natural person who is sixty (60) years of age or older, under eighteen (18) years of age, or who is a person with a disability.

(2) Obstruct means to render impassible or to render passage unreasonably inconvenient or hazardous.

(3) Panhandle means to knowingly approach, accost or stop another person in a public place and solicit that person, whether by spoken words, bodily gestures, written signs or other means, for a gift of money or thing of value.

(4) Person with a disability means a natural person of any age who suffers from one (1) or more substantial physical or mental impairments that render the person significantly less able to defend against criminal acts directed toward such person than he would be without such physical or mental impairments.

(5) School grounds means all buildings that are owned, leased, rented, or otherwise used by a school for instruction, administration support services, recreation, maintenance, or storage and grounds surrounding such buildings over which the school is authorized to exercise dominion or control.

(6) Substantial physical or mental impairment includes, without limitation: the loss of, or the loss of use of, a hand or foot; the loss, or severe diminishment, of hearing, sight, or the ability to walk; and any developmental disability, psychological disorder, mental illness or neurological condition that substantially impairs a person’s judgment or capacity to recognize reality or to control behavior.

(7) Traveled portion of a street or highway means that portion of the road normally used by moving motor vehicle traffic.

(b) Panhandling restricted. It shall be unlawful for any person to panhandle if such panhandling occurs:

(1) Any time from one-half (½) hour after sunset to one-half (½) hour before sunrise;

(2) In a manner that involves the person panhandling knowingly engaging in conduct toward the person solicited that is intimidating, threatening, coercive or obscene and that causes the person solicited to reasonably fear for his or her safety;

(3) In a manner that involves the person panhandling knowingly directing fighting words to the person solicited;

(4) In a manner that involves the person panhandling knowingly touching or grabbing the person solicited;

(5) In a manner that involves the person panhandling knowingly continuing to request the person solicited for a gift of money or thing of value after the person solicited has refused the panhandler’s initial request;

(6) In a manner that involves the person panhandling knowingly soliciting an at-risk person;

(7) On a sidewalk or other passage way in a public place used by pedestrians and is done in a manner that obstructs the passage of the person solicited or that requires the person solicited to take evasive action to avoid physical contact with the person panhandling or with any other person;

(8) Within one hundred (100) feet of an automatic teller machine or of a bus stop;

(9) On a public bus;

(10) In a parking garage, parking lot or other parking facility;

(11) When the person solicited is entering or exiting a parked motor vehicle, or is in a motor vehicle stopped on a street; or

(12) On, or within one hundred (100) feet of, any school grounds.

(c) Solicitations on or near streets or highways. It shall be unlawful for any person to solicit a ride, employment, business, contributions, or sales of any kind, or collect monies for the same, from the occupant of any vehicle traveling upon any street or highway when:

(1) Such solicitation or collection causes the person performing the activity to enter onto the traveled portion of a street or highway;

(2) Such solicitation or collection involves the person performing the activity to be located upon any median area of the traveled portion of a street or highway which separates traffic lanes for vehicular travel in opposite directions; or

(3) The person performing the activity is located such that vehicles cannot move into a legal parking area to safely conduct the transaction.

(d) Solicitations on interstate highways. It shall be unlawful for any person to solicit or attempt to solicit employment, business, or contributions of any kind from the occupant of any vehicle on any highway included in the interstate system including any entrance to or exit from such highway.

(e) Solicitations in residential areas. It shall be unlawful for any person to enter or remain upon any residential premises in the city, not having been requested or invited by the owner(s) or occupant(s) thereof, for the purpose of contacting the owner(s) or occupant(s) to solicit the immediate or future purchase or sale of goods, services, or any other thing of value.

The provisions of this subsection shall not apply to:

(1) Any person(s) distributing or disseminating information in the exercise of their right to free speech under the state and federal constitutions; or

(2) Charitable, civic, patriotic, political, religious, educational, recreational, fraternal or cultural solicitations or the solicitation of newspaper or magazine subscriptions unless a “No Solicitation” or “No Trespassing” sign is posted at or near the entrance(s) to such residence.

(f) Solicitations on posted property. It shall be unlawful for any person to enter or remain upon any public or private premises in the city for the purpose of soliciting the immediate or future purchase or sale of goods, services or any other thing of value, or to solicit a gift or donation when a “No Solicitation” or “No Trespassing” sign is posted at or near the entrance(s) to such premises unless the permission of the owner, agent, representative or occupant of the premises has been previously obtained. This provision shall apply to all solicitations, including, without limitation, those that are charitable, religious or political in nature.

Sec. 12-5006. – Open containers.

It shall be unlawful for any person to possess any open container that holds an alcoholic beverage while on any street, sidewalk, alley, or in an automobile, city park or recreation area or any other public place, except in those public places which are duly licensed for the sale and consumption of alcoholic beverages. Notwithstanding the foregoing, it shall not be a violation of this section for a person to possess an open container that holds a fermented malt beverage in a city park when the person is doing so pursuant to a permit issued by the city.

For purposes of this section, “open container” means any container other than the original, closed container as sealed or closed by the manufacturer; provided, however, the term explicitly excludes the original containers of vinous liquor which have been opened and resealed, as long as the original sealed container did not contain more than seven hundred fifty (750) milliliters of vinous liquor, and the resealed container is located in the trunk or rear storage area of an automobile.

Sec. 12-5007. – Gambling.

(a) Gambling prohibited. It shall be unlawful for any person to engage in gambling within the city.

(b) Gambling premises prohibited. It shall be unlawful for any person to knowingly maintain, aid or permit the maintaining of, any gambling premise within the city.

Sec. 12-5008. – Prostitution and pandering.

(a) Definitions. [The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:]

Prostitute shall mean a person who performs, or offers or agrees to perform, sexual services, including sexual intercourse, fellatio, cunnilingus, masturbation, or anal intercourse to a person other than a spouse in exchange for money or other thing of value.

Prostitution shall mean the performance of, or the offer or agreement to perform, any act of sexual intercourse, fellatio, cunnilingus, masturbation, or anal intercourse with any person other than a spouse in exchange for money or other thing of value.

(b) Prostitution prohibited. It shall be unlawful for any person to engage in prostitution.

(c) Solicitation prohibited. It shall be unlawful for any person to solicit another for purposes of prostitution, to arrange or offer to arrange a meeting of persons for the purpose of prostitution, or to direct another to a place knowing such direction is for the purpose of prostitution.

(d) Places of prostitution prohibited. It shall be unlawful for any person who has or exercises control over any place to knowingly grant or permit the use of such place for the purpose of prostitution or to permit the continued use of such place for the purpose of prostitution after becoming aware of facts or circumstances from which he should reasonably know that the place is being used for the purpose of prostitution.

(e) Patronizing a prostitute prohibited. It shall be unlawful for any person to receive any sexual services from a prostitute or to enter or remain in a place of prostitution with the intent to engage the services of a prostitute.

(f) Prostitute-making display prohibited. It shall be unlawful for any person to endeavor to further the practice of prostitution in any public place or within public view by word, gesture, or action.

(g) Pandering prohibited. It shall be unlawful for any person, for money or other thing of value, to threaten or intimidate another into committing prostitution or to knowingly arrange or offer to arrange a situation in which a person may practice prostitution.

Sec. 12-5009. – Public indecency and indecent exposure.

(a) Public indecency. It shall be unlawful for any person to perform any of the following acts in a public place or where the conduct may reasonably be expected to be viewed by members of the public:

(1) Sexual intercourse;

(2) Deviate sexual intercourse;

(3) Lewd exposure of the body done with the intent to arouse or to satisfy the sexual desire of any person;

(4) Lewd fondling or caress of the body of another person; or

(5) Real or simulated touching, rubbing, or other stimulation of a person’s own genitals or pubic area for the purpose of sexual gratification or arousal, regardless of whether the genitals or pubic area is exposed or covered.

(b) Indecent exposure. It shall be unlawful for any person to knowingly expose his or her genitals to the view of any person under circumstances in which such conduct is likely to cause affront or alarm to the other person.

Sec. 12-5010. – Nuisance party prohibited.

(a) It shall be unlawful for any owner, occupant, tenant, or other person having possessory control, individually or jointly with others, of any premises to sponsor, conduct, host, or permit a social gathering or party on the premises which is or becomes a public nuisance where such public nuisance is either the intentional result of, or reasonably anticipated by, the person or persons having such possessory control.

(b) A social gathering or party shall be deemed to constitute a public nuisance when an open keg of beer is located in any yard adjacent to a street, on a front porch in a place visible to the public, or in any side yard of the premises upon which the social gathering takes place such that the open keg of beer is visible to members of the public standing on public streets, sidewalks, or on the grounds of other adjoining or nearby private properties. A social gathering or party shall also be deemed to constitute a public nuisance when, by reason of the conduct of persons in attendance, it results in one (1) or more of the following violations of this Code and such violation(s) occur at the site of the social gathering or on neighboring public or private property:

(1) Assault;

(2) Disorderly conduct;

(3) Obstruction of public ways;

(4) Damaging property;

(5) Bodily waste

(6) Trespass;

(7) Littering;

(8) Open containers;

(9) Menacing;

(10) Harassment:

(11) Interference with peace officers and firefighters;

(12) False reporting;

(13) Unlawful procurement

(14) Possession or consumption of alcohol;

(15) Disturbing the peace; or

(16) Unreasonable noise.

(c) If a social gathering or party is declared to be a public nuisance by a peace officer, the peace officer may issue an order for all persons not domiciled at the site to disperse immediately. It shall be unlawful for any person to fail or refuse to obey and abide by such an order.

(Ord. No. 1848, § 1, 1-10-2011)

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