Commerce City Municipal Code Chapter 12 Article VI

Sec. 12-6000. – Missiles and laser beams.

Sec. 12-6001. – Obstruction of public ways.

Sec. 12-6002. – Bodily waste.

Sec. 12-6003. – Illegal weapons.

Sec. 12-6004. – Unlawfully carrying a concealed weapon.

Sec. 12-6005. – Discharging weapons.

Sec. 12-6006. – Prohibited use of weapons.

Sec. 12-6007. – Abusing toxic vapors.

Sec. 12-6008. – Prohibited possession of marijuana and drug paraphernalia.

Sec. 12-6009. – Irritants and noxious substances.

Sec. 12-6010. – Unlawful sex offender residency.



Sec. 12-6000. – Missiles and laser beams.

(a) Missiles. It shall be unlawful for any person to intentionally, knowingly or recklessly throw, shoot or project any missile, including by way of illustration but not limitation, a snowball, ball, bottle, stone, arrow, pellet, dart, ball-bearing, at or against, or in any manner which could injure, a person, building, structure, real or personal property, fixture or vehicle of another. The provisions of this section shall not apply to throwing, projecting or shooting any such missile for recreational purposes in such a manner that no unreasonable risk of harm is presented to any person or to the real or personal property of any person. For purposes of this section, it shall constitute an unreasonable risk of harm to persons or property to throw, shoot or project any missile during an event to which tickets are sold or people are generally seated in close proximity to one another unless the person throwing, shooting or projecting the missile has express authority to do so.

(b) Laser beams. It shall be unlawful for any person to focus, point, or shine a laser beam directly or indirectly on another person or animal in such a manner as to harass, annoy, or injure said person or animal.

Sec. 12-6001. – Obstruction of public ways.

It shall be unlawful for any person without legal privilege to intentionally, knowingly, or recklessly:

(1) Obstruct 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

(2) Disobey a reasonable request or order to move issued by a police officer, firefighter, or an individual the person knows has the authority to control the use of the premises, which request is made to prevent an obstruction or to maintain public safety by dispersing those gathered in dangerous proximity to a fire, riot or other hazard.

Sec. 12-6002. – Bodily waste.

It shall be unlawful for any person to deposit, or permit to be deposited, on public or private property, any human excrement, vomit, spittle or other human bodily waste unless such waste is deposited in a toilet, urinal, or other receptacle designed, intended and made available for such use.

Sec. 12-6003. – Illegal weapons.

Except for peace officers or members of the armed services carrying such items in conjunction with the lawful discharge their duties, it shall be unlawful for any person to knowingly posses a blackjack, gas gun, metallic knuckles, gravity knife, or switchblade knife. In addition, it is unlawful for any person to knowingly possess a throwing star or nunchaku in a public place except for the purpose of presenting an authorized public demonstration or exhibition or pursuant to instruction in conjunction with an organized school or class. When transporting throwing stars or nunchaku for a public demonstration or exhibition or for a school or class, they shall be transported in a closed, nonaccessible container.

Sec. 12-6004. – Unlawfully carrying a concealed weapon.

It shall be unlawful for any person to knowingly and unlawfully carry a knife or firearm concealed on or about his or her person unless the person is in his or her own dwelling or place of business or on property owned or under his or her control at the time of the act of carrying or is in a private automobile or other private means of conveyance who carries a weapon for lawful protection of such person’s or another’s person or property while traveling.

Sec. 12-6005. – Discharging weapons.

(a) Prohibition. It shall be unlawful for any person who is not a peace officer acting within the scope of his or her official duties to discharge a weapon of any description, including, but not limited to, revolvers, pistols, shotguns, rifles, air guns, gas operated guns, spring guns or bows, within the city limits.

(b) Exception. The chief of police may authorize the discharge of weapons at a specific location upon determining that the authorization will not be detrimental to the health, safety, and welfare of city residents.

Sec. 12-6006. – Prohibited use of weapons.

It shall be unlawful for any person to:

(1) Knowingly and unlawfully aim a firearm at another person;

(2) Recklessly or with criminal negligence discharge a firearm or shoot a bow and arrow;

(3) Knowingly set a loaded gun, trap, or device designed to cause an explosion upon being tripped or approached, and leaves it unattended by a competent person immediately present;

(4) Have in his or her possession a firearm while the person is under the influence of intoxicating liquor or of a controlled substance; or

(5) Knowingly aim, swing, or throw a throwing star or nunchaku at another person.

Sec. 12-6007. – Abusing toxic vapors.

Except for the inhalation of anesthesia or other substance for medical or dental purposes, it shall be unlawful for any person to 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. It shall also be unlawful for any person to knowingly possess, buy, or use any such substance for such purposes.

Sec. 12-6008. – Prohibited possession of marijuana and drug paraphernalia.

(a) It shall be unlawful for any person to possess or openly and publicly display, consume, or use two (2) ounces or less of marijuana.

(b) It shall be unlawful for any person to knowingly possess drug paraphernalia. In determining whether an object is drug paraphernalia, the court may consider those factors enumerated and provided for by state law in addition to any other factors deemed relevant by the court.

(Ord. No. 1848, § 1, 1-10-2011)

Sec. 12-6009. – Irritants and noxious substances.

It shall be unlawful for any person, except a peace officer in the performance of his or her duties, to deposit on the land or in the building or vehicle of another, without his or her consent, any stink bomb or device, irritant, noxious or offensive-smelling substance with the intent to interfere with another’s use or enjoyment of the land, building or vehicle.

Sec. 12-6010. – Unlawful sex offender residency.

(a) Prohibited residency. It shall be unlawful for the following persons to establish a permanent or temporary residence within one thousand (1,000) feet, measured in accordance with the city’s land development code, of any park, playground, school, ball field, licensed day care facility, recreation center, public swimming pool, or dedicated public recreation trail:

(1) Any person who has been adjudicated as a sexually violent predator;

(2) Any person who is required by state law to register as a sex offender who has been convicted of, or pleaded guilty or nolo contendre to, a felony offense requiring registration;

(3) Any person who is required by state law to register as a sex offender who has multiple convictions, whether by trial or by plea of guilty or nolo contendere, for offenses requiring registration; or

(4) Any person who is required by state law to register as a sex offender whose offenses requiring registration involved multiple victims.

(b) Exemptions. The following persons are exempt from prosecution under this section:

(1) Any person who established permanent residence prior to June 18, 2007;

(2) Any minor who resides with his or her parents or legal guardians;

(3) Any person placed in the residence pursuant to the state’s foster care program;

(4) Any person who established permanent residence prior to the construction of any park, playground, school, ball field, licensed day care facility, recreation center, public swimming pool, or dedicated public recreation trail located within one thousand (1,000) feet of his or her residence; or

(5) Any person who has attempted to register as a sex offender but has been granted only temporary registration because such person is prohibited from establishing residency pursuant to this section. This exemption shall expire ten (10) calendar days from the date of the attempted registration.



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