DIVISION 1. – GENERALLY
Sec. 38-86. – Obstruction of streets or other public passageways.
Sec. 38-86.1. – Sitting or lying down in the public right-of-way.
Sec. 38-86.2. – Unauthorized camping on public or private property prohibited.
Sec. 38-86.5. – Unlawful to trespass on athletic playing field at Denver Mile High Stadium.
Sec. 38-87. – Disrupting lawful assembly.
Sec. 38-88. – Window peeping.
Sec. 38-89. – Disturbance of the peace.
Sec. 38-90. – Disturbance of religious worship.
Sec. 38-91. – Disturbance by use of telephone.
Sec. 38-92. – Threats.
Sec. 38-93. – Assault.
Sec. 38-93.1. – Public fighting.
Sec. 38-93.2. – Assault and public fighting—Affirmative defense.
Sec. 38-94. – Unlawful acts in or about schools, colleges or universities.
Sec. 38-95. – Vendors not to obstruct public ways.
Sec. 38-96. – Irritants.
Sec. 38-97. – Use of stench bombs.
Sec. 38-98. – Evasion of admission fee at place of entertainment or assembly.
Sec. 38-99. – Urinating in public.
Sec. 38-100. – Reserved.
Sec. 38-101. – Prohibited noises.
Sec. 38-102. – Possession of graffiti materials prohibited.
Secs. 38-103—38-112. – Reserved.
Sec. 38-113. – Reserved.
Sec. 38-114. – Harassment near health care facility.
Sec. 38-115. – Trespass.
Sec. 38-86. – Obstruction of streets or other public passageways.
(1)
It shall be unlawful for any person to knowingly:
(a)
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 the person's acts alone or from the person's acts and the acts of others; or
(b)
Disobey a reasonable request or order to move issued by an individual the person knows, or reasonably should know, to be a peace officer, a firefighter, or a person with authority to control the use of the premises, to prevent obstruction of a highway or passageway or to maintain public safety by dispersing those gathered in dangerous proximity to a fire, riot, or other hazard.
(2)
For purposes of this section, “obstruct” means to render impassable or to render passage unreasonably inconvenient or hazardous.
(3)
It is an affirmative defense to charges brought under this section that the obstruction was authorized by a permit issued pursuant to this Code, or the Denver Building Code.
(Code 1950, §§ 802.17, 841.1-2(6); Ord. No. 434-05, § 1, 6-20-05)
Sec. 38-86.1. – Sitting or lying down in the public right-of-way.
(a)
It shall be unlawful for any person to knowingly sit or lie down in the Downtown Denver Business Improvement District upon the surface of any public right-of-way or upon any bedding, chair, stool, or any other object placed upon the surface of the public right-of-way between the hours of 7:00 a.m. and 9:00 p.m.
(b)
For purposes of this section:
(1)
“Downtown Denver Business Improvement District” shall mean that area of the city bounded by and including the following streets: starting at a point at the intersection of Grant Street and 20th Avenue, extending west along 20th Avenue to its intersection with 20th Street extending northwest along 20th Street to its intersection with Wewatta Street (or Wewatta Street extended), extending southwest along Wewatta Street (or Wewatta Street extended) to its intersection with Speer Boulevard, extending generally southeast along Speer Boulevard to its intersection with 12th Street, extending southeast along 12th street to its intersection with Colfax Avenue, extending generally east along Colfax Avenue to its intersection with the alley between Sherman and Grant streets, extending north along the alley between Sherman and Grant Streets to its intersection with 16th Avenue, extending east along 16h Avenue to its intersection with Grant Street, and extending north along Grant Street to the point of beginning.
(2)
“Designated human service outreach worker” shall mean any person designated in writing by the manager of the Denver Department of Human Services to assist law enforcement officers as provided in subsection (4), regardless of whether the person is an employee of the department of human services.
(3)
“Public right-of-way” shall mean any street, sidewalk, alley, parkway, curb, median, traffic island, the public transit way of the 16th Street Mall, or any other publicly owned property used for pedestrian and vehicular travel.
(d)
It is an affirmative defense to charges brought under this section that a person:
(1)
Sits or lies down upon the public right-of-way due to a medical emergency.
(2)
As a result of a disability, utilizes a wheel chair, walker or other similar device to move about the public right-of-way.
(3)
Is operating or patronizing a commercial establishment located in the public right-of-way pursuant to any permit or license issued by the city.
(4)
Is attending a parade, festival, performance, rally, demonstration, meeting, or similar event conducted in the public right-of-way pursuant to any permit or license issued by the city.
(5)
Sits upon a chair or bench furnished by the city, the Downtown Denver Business Improvement District, or any other public agency in the public right-of-way.
(6)
Sits upon a public sidewalk at a transit stop while waiting for public transportation; provided, however, that this exception shall not apply to any transit stop on the 16th Street Mall.
(e)
No law enforcement officer shall issue a citation, make an arrest or otherwise enforce this section against any person unless:
(1)
The officer orally requests or orders the person to refrain from the alleged violation of this section and, if the person fails to comply after receiving the oral request or order, the officer tenders a written request or order to the person warning that if the person fails to comply the person may be cited or arrested for a violation of this section; and
(2)
The officer attempts to ascertain whether the person is in need of medical or human services assistance, including but not limited to mental health treatment, drug or alcohol rehabilitation, or homeless services assistance. If the officer determines that the person may be in need of medical or human services assistance, the officer shall make reasonable efforts to contact and obtain the assistance of a designated human service outreach worker, who in turn shall assess the needs of the person and, if warranted, direct the person to an appropriate provider of medical or human services assistance in lieu of the person being cited or arrested for a violation of this section. If the officer is unable to obtain the assistance of a human services outreach worker, if the human services outreach worker determines that the person is not in need of medical or human services assistance, or if the person refuses to cooperate with the direction of the human services outreach worker, the officer may proceed to cite or arrest the person for a violation of this section so long as the warnings required by paragraph (a) have been previously given.
(Ord. No. 902-05, § 1, 12-5-05)
Sec. 38-86.2. – Unauthorized camping on public or private property prohibited.
(a)
It shall be unlawful for any person to camp upon any private property without the express written consent of the property owner or the owner's agent, and only in such locations where camping may be conducted in accordance with any other applicable city law.
(b)
It shall be unlawful for any person to camp upon any public property except in any location where camping has been expressly allowed by the officer or agency having the control, management and supervision of the public property in question.
(c)
No law enforcement officer shall issue a citation, make an arrest or otherwise enforce this section against any person unless:
(1)
The officer orally requests or orders the person to refrain from the alleged violation of this section and, if the person fails to comply after receiving the oral request or order, the officer tenders a written request or order to the person warning that if the person fails to comply the person may be cited or arrested for a violation of this section; and
(2)
The officer attempts to ascertain whether the person is in need of medical or human services assistance, including, but not limited, to mental health treatment, drug or alcohol rehabilitation, or homeless services assistance. If the officer determines that the person may be in need of medical or human services assistance, the officer shall make reasonable efforts to contact and obtain the assistance of a designated human service outreach worker, who in turn shall assess the needs of the person and, if warranted, direct the person to an appropriate provider of medical or human services assistance in lieu of the person being cited or arrested for a violation of this section. If the officer is unable to obtain the assistance of a human services outreach worker, if the human services outreach worker determines that the person is not in need of medical or human services assistance, or if the person refuses to cooperate with the direction of the human services outreach worker, the officer may proceed to cite or arrest the person for a violation of this section so long as the warnings required by paragraph (1) of this subsection have been previously given.
(d)
For purposes of this section:
(1)
“Camp” means to reside or dwell temporarily in a place, with shelter. The term “shelter” includes, without limitation, any tent, tarpaulin, lean-to, sleeping bag, bedroll, blankets, or any form of cover or protection from the elements other than clothing. The term “reside or dwell” includes, without limitation, conducting such activities as eating, sleeping, or the storage of personal possessions.
(2)
“Designated human service outreach worker” shall mean any person designated in writing by the manager of the Denver Department of Human Services to assist law enforcement officers as provided in subsection (c), regardless of whether the person is an employee of the department of human services.
(3)
“Public property” means, by way of illustration, any street, alley, sidewalk, pedestrian or transit mall, bike path, greenway, or any other structure or area encompassed within the public right-of-way; any park, parkway, mountain park, or other recreation facility; or any other grounds, buildings, or other facilities owned or leased by the city or by any other public owner, regardless of whether such public property is vacant or occupied and actively used for any public purpose.
(Ord. No. 255-12, § 1, 5-14-12)
Sec. 38-86.5. – Unlawful to trespass on athletic playing field at Denver Mile High Stadium.
(a)
It shall be unlawful for any person to enter or remain in or upon the athletic playing field at Denver Mile High Stadium. For purposes of this section, “athletic playing field” shall mean that portion of Denver Mile High Stadium on which concerts, exhibitions, games, entertainments, shows, or like amusements are performed and shall include all contiguous areas for which no seating is provided for members of the general public.
(b)
It shall be an affirmative defense to this section that the person charged, at the time of the event:
(1)
Was a performer or participant in a concert, exhibition, game, entertainment, show, or like amusement authorized by the manager of parks and recreation; or
(2)
Was an employee of the person, party, or entity which had an agreement with the city for the use of Denver Mile High Stadium, and was then acting in his capacity as such employee; or
(3)
Was an employee of the city and was then acting in his capacity as such employee.
(Ord. No. 471-83, § 1, 8-15-83)
Cross reference— Trespass upon gardens or crops, § 38-72; trespassing with large animals, § 38-73; trespass generally, § 38-115.
Sec. 38-87. – Disrupting lawful assembly.
It shall be unlawful for any person, with the intent to prevent or disrupt any lawful meeting, procession, parade, or gathering, to significantly obstruct or interfere with the meeting, procession, parade or gathering by physical action, verbal utterance, or any other means.
(Ord. No. 433-05, § 1, 6-20-05)
It shall be unlawful for any person to peer, peep or look through doors or windows of any residence, dwelling unit, apartment, lodging house, hotel, motor hotel or rooming house, or similar places of another, while on another's premises, or from a place of hiding or concealment, with the intent or purpose to spy on such other person, or to invade another's privacy, or going onto another's premises for that purpose.
(Code 1950, § 841.1-2(10))
Sec. 38-89. – Disturbance of the peace.
(a)
Generally. It shall be unlawful for any person to disturb or tend to disturb the peace of others by violent, tumultuous, offensive or obstreperous conduct or by loud or unusual noises or by unseemly, profane, obscene or offensive language calculated to provoke a breach of the peace or for any person to permit any such conduct in any house or upon any premises owned or possessed by such person or under their management or control, when within such person's power to prevent, so that others in the vicinity are or may be disturbed thereby.
(b)
Sound-amplifying equipment. No person shall use or operate or allow to be used or operated any loudspeaker, public address system, radio, tape player, disc player or other sound-amplifying equipment in or on a motor vehicle in such a manner as to be plainly audible at twenty-five (25) feet from the motor vehicle unless a permit has been issued by the manager of excise and licenses pursuant to subsection (e) herein which allows such amplification. If such a permit has been issued, the intensity and loudness of any amplified sound which is transmitted shall comply with the provisions of chapter 36
(c)
Exception. The provisions of subsection (b) above shall not apply to sound made or controlled by the city, the federal government or to any branch, subdivision, institution or agency of the government of this state or any political subdivision within it or when such sound is made by an activity of the governmental body or sponsored by it or by others pursuant to the terms of a contract, lease or permit granted by such governmental body.
(d)
Definition. For the purposes of this section, the term plainly audible means that the information content of sound is unambiguously transferred to the auditor, such as but not limited to understanding of spoken speech, comprehension of raised or normal voices or comprehension of musical rhythms.
(e)
Permit. Any person, partnership, association or corporation desiring to use or operate any loudspeaker, public address system or other sound-amplifying equipment in or from a motor vehicle for either commercial or noncommercial purposes which is plainly audible at twenty-five (25) feet must first obtain a permit from the manager of excise and licenses. The permit may authorize the use or operation of such sound-amplifying equipment between the hours of 7:00 a.m. and 10:00 p.m. for one (1) day. The application for the permit shall be filed with the manager of excise and licenses and shall provide the following information:
(1)
The name, address and telephone number of both the owner and the user of the sound-amplifying equipment;
(2)
The license number of the motor vehicle which is to be used;
(3)
The general description of the sound-amplifying equipment which is to be used;
(4)
Whether the sound-amplifying equipment will be used for commercial or noncommercial purposes; and
(5)
The date upon which and the streets over which the equipment is proposed to be operated.
(f)
Penalty. Any person, firm, or corporation who pleads guilty or nolo contendere, or is convicted of violating subsection (b) of this section shall be punished by a fine of at least fifty dollars ($50.00) for the first offense; at least two hundred fifty dollars ($250.00) for a second offense within five (5) years; and, at least five hundred dollars ($500.00) for a third offense within five (5) years. For fourth and subsequent offenses within five (5) years the fine shall not be less than five hundred dollars ($500.00), nor more than nine hundred ninety-nine dollars ($999.00). No part of the minimum fine may be suspended or discharged, except upon proof and a finding of indigence by the court. Indigent defendants may pay fines imposed under this section by participation in the Denver County Court work program, crediting the dollar amount earned through such public service toward payment of the minimum fine owed. A term of incarceration not to exceed one (1) year in the Denver County Jail may be imposed in place of, or in addition to, any fine assessed under this subsection.
(Code 1950, § 842.2; Ord. No. 716-90, § 1, 11-19-90; Ord. No. 353-98, § 1, 5-26-98; Ord. No. 63-05, § 1, 1-31-05)
Case law annotation—Disturbing the peace by certain actions set forth requires specific proof that someone was in fact disturbed by the actions of a person charged with a violation. Flores v. Denver, 122 Colo. 71, 220 P. 2d 373 (1950).
“Disturbing the peace of others by offensive language, calculated to provoke a breach of the peace” is the “fighting words” exception to the right to free speech. Ware v. Denver, 182 Colo. 177, 511 P. 2d 475 (1973).
State law reference— Disorderly conduct, C.R.S. 1973, 18-9-106.
Sec. 38-90. – Disturbance of religious worship.
It shall be unlawful for any person to disquiet or disturb any congregation or assembly for religious worship by making a noise or by rude or indecent behavior or profane discourse within the place of worship of such congregation or assembly during religious services; or so near the same as to disturb the order or solemnity of such meeting.
(Code 1950, § 831.1)
State law reference— Disrupting lawful assembly, C.R.S. 1973, 18-9-108.
Sec. 38-91. – Disturbance by use of telephone.
It shall be unlawful for any person by means or use of the telephone to disturb, or tend to disturb, the peace, quiet or right of privacy of any other person or family by repeated and continued anonymous or identified telephone messages intended to harass or disturb such other person or family to whom such message is directed; or by a single telephone call or repeated telephone calls to use obscene, profane, indecent or offensive language, or suggest any lewd or lascivious act over or through a telephone in the city; or to attempt to extort money or other thing of value from any other person or family by means of use of the telephone; or to threaten any physical violence or harm to any other person or family by means or use of the telephone; or repeatedly and continuously to ring the telephone of any other person or family with intent to disturb such person or family, provided, however, that the normal use of the telephone for the purpose of requesting payment of debts or obligations or for other legitimate business purposes shall not constitute a violation hereof.
(Code 1950, § 842.1)
State law reference— Harassment, C.R.S. 1973, 18-9-111.
(a)
It shall be unlawful for any person knowingly to make, convey or cause to be imparted or conveyed, in any manner or by any means, to any other person, any threat concerning an attempt or alleged attempt being made, or to be made, to injure or to kill any person, or to damage or to destroy any property.
(b)
It shall be unlawful for any person knowingly to convey, or cause to be imparted or conveyed, in any manner or by any means, to any other person, any false information with knowledge of the falsity thereof, concerning an attempt or alleged attempt being made, or to be made, to injure or to kill any person, or to damage or to destroy any property.
(Code 1950, §§ 846.5-5, 846.5-6)
State law reference— Criminal intimidation, C.R.S. 1973, 18-3-207.
It shall be unlawful for any person to intentionally or recklessly assault, beat, strike, fight or inflict violence on any other person.
(Code 1950, § 842.3)
State law reference— Assaults, C.R.S. 1973, 18-3-201 et seq.
Sec. 38-93.1. – Public fighting.
It shall be unlawful for any person to intentionally, knowingly, or recklessly fight with another person in a public place.
(Ord. No. 438-00, § 1, 6-5-00)
Sec. 38-93.2. – Assault and public fighting—Affirmative defense.
It shall be an affirmative defense to a violation of sections 38-93 and 38-93.1 that all persons fighting or inflicting violence were engaged in an amateur or professional contest of athletic skill that was sponsored or sanctioned by an established athletic organization, that the actor's conduct was not reasonably capable of causing serious bodily injury or death, and that the actor's conduct was a reasonably foreseeable hazard of participation in the athletic contest.
(Ord. No. 438-00, § 2, 6-5-00)
Sec. 38-94. – Unlawful acts in or about schools, colleges or universities.
(a)
It shall be unlawful for any person to knowingly or recklessly prevent the orderly conduct of the activities, administration or classes of any school, college or university.
(b)
It shall be unlawful for any person to park or move a vehicle in the immediate vicinity of, or on the grounds of, any school, college or university for the purpose of obstruction, or molesting the students or employees thereof; or in an effort to induce, entice or invite students into such vehicle for unlawful purposes.
(Code 1950, § 841.2; Ord. No. 528-02, § 1, 7-1-02)
State law reference— Harassment, C.R.S. 1973, 18-9-111.
Sec. 38-95. – Vendors not to obstruct public ways.
It shall be unlawful for any person engaged in the sale of newspapers, magazines or other goods or merchandise to make any unnecessary sound or noise; to obstruct any sidewalk or other place of a public nature; or to disturb or impede other persons.
(Code 1950, § 841.3)
(a)
It shall be unlawful for any person to open, break, expose, convey or place, or cause to be opened, broken, exposed, conveyed or placed, in any street, place which is public in nature, building or enclosure, any container having therein any substance, powder, fluid, material or a combination thereof, which will or may cause the emission of obnoxious odors, fumes, gases or irritants which may cause injury, discomfort or prejudice to any other person; provided, however, that the provisions of this section shall not apply to the use thereof by a law enforcement agency of the federal, state or municipal government, or where the use of the same is for the protection of life, limb or property.
(b)
It shall be unlawful for any person to prepare, make, assemble, combine, sell or manufacture any substance, powder, fluid, material or a combination thereof, which will or may cause or produce an obnoxious odor, or gases, or irritants, with the intent or knowledge that the same will be used in any street, place which is public in nature, building or enclosure for the purpose of causing injury, discomfort or prejudice to the public, except as provided in subsection (a).
(Code 1950, §§ 844.1, 844.2)
Sec. 38-97. – Use of stench bombs.
(a)
It shall be unlawful for any person within the city to open, or cause to be opened, break, or cause to be broken, expose, convey or place, or cause to be exposed, conveyed or placed in any street, public place, building or enclosure, any container having therein any substance, powder, fluid, material or a combination thereof, which will or may cause the emission of obnoxious odors, fumes, gases or irritants which may cause injury, discomfort or prejudice to the public health.
(b)
This prohibition shall not apply to the use thereof by a law enforcement agency of the federal, state or municipal government, or where the use of the same is for the protection of life, limb or property.
(c)
It shall be unlawful for any person within the city to prepare, make, assemble, combine, sell or manufacture any substance, powder, fluid, material or a combination thereof, which will or may cause or produce an obnoxious odor, fumes, gases or irritants, with the intent or knowledge that the same will be used in any street, public place, building or enclosure for the purpose of causing injury, discomfort or prejudice to public health, except as provided in subsections (a) and (b).
(Code 1950, §§ 764.1, 764.2)
State law reference— Stink bombs, C.R.S. 1973, 18-4-513.
Sec. 38-98. – Evasion of admission fee at place of entertainment or assembly.
It shall be unlawful for any person to gain admission or entrance into, or to attempt to gain admission or entrance into, any place of lawful assembly, amusement, entertainment or exhibition where an admission or entrance fee is charged, without paying the prescribed admission or entrance fee, except upon invitation of the management of such place of assembly, amusement, entertainment or exhibition.
(Code 1950, § 841.4)
Sec. 38-99. – Urinating in public.
It shall be unlawful for any person to urinate in any public way or place which is public in nature or any place open to the public view.
(Code 1950, § 841.7)
State law reference— Public indecency, C.R.S. 1973, 18-7-301; indecent exposure, C.R.S. 1973, 18-7-302.
Editor's note—
Ord. No. 798-00, § 1, adopted Oct. 10, 2000, repealed section 38-100 in its entirety. Former section 38-100 pertained to fortune telling and derived from the Code of 1950, § 841.8.
Sec. 38-101. – Prohibited noises.
(a)
Between the hours of 10:00 p.m. and 7:00 a.m., no person shall use or operate or allow to be used or operated any musical instrument, loudspeaker, public address system, radio, tape player, disc player, television set, or other sound amplifying equipment in such a manner as to be plainly audible when crossing a property line or within a dwelling unit which is not the source of the sound.
(b)
For purposes of this section, “plainly audible” means that the information content of the sound is unambiguously communicated to the listener; examples include, but are not limited to, understanding of speech, comprehension of raised or normal voices, or comprehension of musical rhythms.
(c)
This section shall not apply to sound made or controlled by the city, the federal government, or to any branch, subdivision, institution, or agency of the government of the State of Colorado, or any subdivision within it; nor shall it apply to any activity of the governmental unit; nor shall it apply to any event sponsored by a governmental unit or others pursuant to the terms of a contract, lease, or permit granted by the governmental unit.
(Ord. No. 319-91, § 1, 5-6-91)
Sec. 38-102. – Possession of graffiti materials prohibited.
(a)
It shall be unlawful for any person to possess graffiti materials.
(b)
A person possesses graffiti materials when they possess any paint, marking pen, materials, instrument or other article adapted, designed or commonly used for committing or facilitating the commission of an offense involving damaging, defacing, or destroying public or private property, and they intend to use the thing possessed in the commission of such offense, or know that some other person intends to use the thing possessed in the commission of such an offense.
(c)
Defacing as used in subsection (b) above shall include, but not be limited to, the writing, painting, inscribing, drawing, scratching or scribbling upon any wall or surface owned, operated or maintained by any person or the city unless the city or the property owner grants written permission for such writing, painting, inscribing, drawing, scratching or scribbling.
(d)
Persons convicted of violating and persons pleading guilty or nolo contendere to violation of subsection (a) shall be required to perform the following number of hours of useful public service and pay a fine of at the least the following amount:
| First offense | Ten (10) hours | $100.00 |
| Second offense | Twenty (20) hours | 200.00 |
| Third offense | Thirty (30) hours | 300.00 |
The court shall have the authority to suspend any fine in excess of one hundred dollars ($100.00) only when it orders a person convicted of violating subsection (a) to perform useful public service in excess of the number of hours stated, and credits the dollar amount earned through such public service toward payment of such fine. The person shall be paid at the standard hourly rate for such public service as established by the rules and regulations of the court. Useful public service shall be considered work which is beneficial to the public and which involves a minimum of public cost. Any sentence to perform useful public service entered pursuant to this section shall be structured to allow the minor to continue regular school attendance.
(Ord. No. 424-95, § 2, 6-12-95; Ord. No. 677-07, § 4, 11-19-07)
Secs. 38-103—38-112. – Reserved.
Editor's note—
Ord. No. 645-97, § 2, adopted Sept. 29, 1997, provided for the repeal of § 38-113, “possession or consumption of marihuana,” on the effective date of such ordinance (Nov. 1, 1997), and further provided that “…no offense committed, and no fine, forfeiture, treatment ordered, or penalty incurred before the effective date of the repeal of section 38-113 of the Revised Municipal Code shall be affected, released, or in any way discharged by this repeal. Instead, trial, conviction, treatment ordered and punishment for violation of section 38-113 of the Revised Municipal Code, and recovery of fines, forfeitures, and penalties shall be had in all respects as if section 38-113 had remained in force.” Prior to repeal, such section derived from Ord. No. 904-96, § 1, adopted Oct. 15, 1996; and Ord. No. 272-97, § 1, adopted May 5, 1997.
Sec. 38-114. – Harassment near health care facility.
(a)
Definition for the purposes of this section.
Health care facility: Any licensed or certified medical or health care facility within the City and County of Denver or any office or clinic within the City and County of Denver regularly used by any licensed health care provider to provide medical, nursing or health care to patients.
(b)
Prohibited. No person shall knowingly approach another person within eight (8) feet of such person, unless such other person consents, for the purpose of passing a leaflet or handbill to, displaying a sign to, or engaging in oral protest, education, or counseling with such other person in the public way or sidewalk area within a radius of one hundred (100) feet from any entrance door to a health care facility.
(Ord. No. 728-90, § 1, 11-19-90; Ord. No. 838-00, § 1, 10-23-00)
(a)
It is unlawful for any person knowingly to enter or remain upon the premises of another when consent to enter or remain is absent, denied, or withdrawn by the owner, occupant, or person having lawful control thereof.
(b)
It shall be prima facie evidence that consent is absent, denied, or withdrawn, to enter or remain upon the premises of another when:
(1)
Any person fails or refuses to remove himself from said premises when requested to leave by the owner, occupant or person having lawful control thereof; or
(2)
Such premises are fenced or otherwise enclosed in a manner designed to exclude intruders; or
(3)
Private property or public property, which is not then open to the public, is posted with signs which give notice that entrance is forbidden.
(c)
For purpose of subsection (b)(3):
(1)
A “conspicuous sign” shall mean a sign that is at least one (1) square foot in size and sufficiently lighted to be clear and visible and that is posted in a conspicuous location.
(2)
“Sufficient notice” that entrance is forbidden shall be established when the lettering on a conspicuous sign is at least one (1) inch in height and contains language that is substantially similar to the following: “Private property: Keep out …. Violators subject to arrest” or “Private property …. Violators subject to arrest between the hours of ____________ and ____________.”
(d)
If any provision of subsection (a), (b) or (c) is found by a court of competent jurisdiction to be unconstitutional, the remaining provisions of the subsection are valid, unless it appears to the court that the valid provisions of the subsection are so essentially and inseparably connected with, and so dependent upon, the void provisions that it cannot be presumed city council would have enacted the valid provisions without the void one, or unless the court determines that the valid provisions, standing alone, are incomplete and are incapable of being executed in accordance with the legislative intent.
(Ord. No. 243-83, § 1, 4-18-83; Ord. No. 218-85, § 1, 4-15-85; Ord. No. 587-85, § 1, 10-28-85)
Editor's note—
Ord. No. 243 of 1983 added § 841.9 to the Code 1950; upon the request of the city, the editor has codified this material as § 38-115
Cross reference— Trespassing on clay, gravel, etc., pit areas, § 19-19; trespassing upon gardens or crops, § 38-72; trespassing with large animals, § 38-73; trespass on playing field at Mile-High Stadium, § 38-86.5.