Commerce City Municipal Code Chapter 12 Article VII

Sec. 12-7000. – Tobacco.

Sec. 12-7001. – Juvenile loitering.

Sec. 12-7002. – Failure to supervise.

Sec. 12-7003. – Unlawful harboring.

Sec. 12-7004. – Tattoos.

Sec. 12-7005. – Possession of graffiti material.

Sec. 12-7006. – Performing services for underage person.

Sec. 12-7007. – Possession or consumption of alcohol.



Sec. 12-7000. – Tobacco.

(a) Tobacco defined. The term “tobacco product” shall mean any substance containing tobacco leaf.

(b) Furnishing prohibited. It shall be unlawful for any person to give, sell, distribute, or offer to sell any tobacco product to a minor.

(c) Purchase prohibited. Except at the direction of a government agent who is acting within his or her authority, it shall be unlawful for any minor to purchase or attempt to purchase any tobacco product.

(d) Possession prohibited. It shall be unlawful for any minor to have or hold any amount of tobacco product anywhere on his or her person, to own or have custody of a tobacco product, or to have a tobacco product within his or her immediate presence and control.

(e) Consumption prohibited. It shall be unlawful for any minor to smoke, ingest, absorb, inhale or chew any tobacco product.

Sec. 12-7001. – Juvenile loitering.

It shall be unlawful for any minor to loiter, idle, wander, stroll or play in or upon any public street, alley, sidewalk, park, playground, schoolyard, public building or other public place between the hours of 11:00 p.m. and 5:00 a.m. unless the minor is: accompanied by his or her parent or guardian; on an errand directed by his or her parent or guardian; engaged in an employment activity, including commuting directly to or from his or her place of employment; involved in an emergency; exercising rights protected by the First Amendment, or returning directly home from such activity; or attending or returning directly home from an official school, church, or civic activity.

Sec. 12-7002. – Failure to supervise.

It shall be unlawful for the parent, legal guardian, or any other adult having custody and control of a minor to fail to exercise reasonable care to restrain or prevent the minor from committing a violation of any ordinance contained in or adopted pursuant to this Code, except violations of the model traffic code. Individuals who are convicted of, or who enter a plea of guilty or nolo contendre to, a violation of this section may be ordered to pay restitution to the victim of the misconduct of the minor.

(Ord. No. 1848, § 1, 1-10-2011)

Sec. 12-7003. – Unlawful harboring.

It shall be unlawful for any person to knowingly provide shelter to a minor without the consent of the minor’s parent or legal guardian if the person intentionally:

(1) Fails to notify the minor’s parent or guardian that the minor is being sheltered within twenty-four (24) hours after shelter has been provided;

(2) Fails to release, or disclose the location of, the minor to a law enforcement officer after being requested to do so by the officer;

(3) Obstructs a law enforcement officer from taking the minor into custody; or

(4) Assists the minor in avoiding or attempting to avoid the custody a law enforcement officer.

Sec. 12-7004. – Tattoos.

It shall be unlawful for any person to tattoo any minor unless the minor’s parent or guardian is present for, and has consented to, the procedure.

Sec. 12-7005. – Possession of graffiti material.

(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:

(1) Broad-tipped marker pen means a felt-tip marker, or similar implement containing a fluid which is not water soluble with a tip that exceeds one-quarter (¼) inch in width.

(2) Paint pen means a tube, marker, or other pen-like instrument with a tip of one quarter (¼) inch in diameter or less that contains paint or a similar fluid and an internal paint agitator.

(3) Prohibited graffiti material means any can of spray paint, spray paint nozzle, broad-tipped marker pen, paint pen, glass-cutting tool, or glass-etching tool or instrument.

(4) Spray paint means any aerosol container that is made or adapted for the purpose of applying paint or other substance capable of defacing property.

(5) Spray paint nozzle means a nozzle designed to deliver a spray of paint of particular width or flow from a can of spray paint.

(b) Prohibition. It shall be unlawful for any minor, except a minor under the direct supervision of the minor’s parent, legal guardian, teacher, or a law enforcement officer in the performance of his or her duty, to purchase, procure, or possess, or attempt to purchase, procure, or possess, any prohibited graffiti material.

(c) Affirmative defense. It shall be an affirmative defense to charges under this section that the minor possessing the material was:

(1) Within their home or on property owned by the minor’s parent or legal guardian;

(2) At their place of employment; or

(3) Upon real property with permission from the owner, occupant, or person having lawful control of such property, to possess such materials.

Sec. 12-7006. – Performing services for underage person.

It shall be unlawful for any person, whether for remuneration or not, to procure for any underage person any article or material which the underage person is forbidden by law to purchase. It shall be unlawful for any underage person to engage or use the services of any other person, whether for remuneration or not, to procure for such underage person any article or material which the underage person is forbidden by law to purchase.

(Ord. No. 1848, § 1, 1-10-2011)

Sec. 12-7007. – Possession or consumption of alcohol.

(a) Prohibition. Except in conjunction with the exercise of religion as protected under the federal constitution, it shall be unlawful for any person under twenty-one (21) years of age to:

(1) Obtain or attempt to obtain any alcoholic beverage;

(2) Possess or consume any alcoholic beverage; or

(3) To be under the influence of any alcoholic beverage.

(b) Affirmative defenses. The following circumstances shall constitute an affirmative defense to a charge under this section:

(1) The alcoholic beverage was obtained, possessed, or consumed while the underage person was legally upon private property with the consent of the owner or legal possessor of such private property and the alcoholic beverage was possessed, obtained, or consumed with the consent of the underage person’s parent or legal guardian who was present when the alcoholic beverage was obtained, possessed or consumed.

(2) The underage person is a student is participating in a culinary arts, food service or restaurant management degree at an accredited university or post-secondary school and the underage person tastes, but does not imbibe, the alcoholic beverage for instructional purposes as part of a required course in which the alcoholic beverage, except the portion the student tastes, remains under the control of the instructor.

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