Lakewood Municipal Code Title 9 Article I

I.                   Offenses by or Against Officers and Government

 

9.02.010 Custodian of property

The Chief of Police or his designee is designated the official custodian of all tangible lost, stolen, confiscated, or abandoned property coming into possession of the police or the city. Nothing in this chapter shall be held to require the Chief to take possession of or make a disposition of any property, the disposition or possession of which is otherwise provided for in this code. (Ord. O-92-38 § 1 (part), 1992).

 

9.02.020 Property held as evidence

The Chief of Police or his designee shall keep in his custody all articles of tangible or intangible property seized or held as evidence, which property has been delivered to the custodian or one of his subordinates for care, custody, and control for use in any pending or prospective court proceeding, unless otherwise ordered by a court having jurisdiction, or upon proper authorization of a prosecuting attorney, until final disposition of any pending charges, including appeals or the lapse of time for filing an appeal. Thereafter, unless ordered to the contrary by the court having jurisdiction, the custodian or a designee thereof shall dispose of such property in accordance with the provisions of this chapter hereinafter set forth. (Ord. O-94-33 § 1, 1994; Ord. O-92-38 § 1 (part), 1992).

 

9.02.030 Records

The custodian or his designee shall keep a record of all tangible or intangible property which may be seized or otherwise taken possession of by the Police Department. Such records shall show the date any such property is seized or otherwise comes into the possession of the Police Department, the means by which the property came into possession of the Police Department, any claims made by any persons for such property, and the final disposition of any such property. (Ord. O-92-38 § 1 (part), 1992).

 

9.02.040 Disposition generally

All lost, stolen, confiscated, or abandoned property that has been delivered to the Chief of Police or his designee for care, custody, and control, not being held pending disposition of charges pursuant to Section 9.02.020 of this chapter, shall be subject to disposition according to the provisions of this chapter and Chapter 3.10 of this code, unless otherwise ordered by any court or otherwise provided for in this code. (Ord. O-92-38 § 1 (part), 1992.

 

9.02.050 Notification of owner

The Chief of Police or his designee shall examine any such property, and if the identity of the owner appears from such examination, or if the identity of the owner is readily available to the custodian from public records available to him, or otherwise known to him, the custodian shall notify the apparent owner by letter, mailed by first class United States mail, postage prepaid to the last known address of such apparent owner, mailed within a reasonable time after identification of the apparent owner, describing the property and stating that the same is held by the custodian and may be sold or otherwise disposed of unless claimed within thirty days of mailing of such notice. (Ord. O-94-33 § 2, 1994; Ord. O-92-38 § 1 (part), 1992).

 

9.02.060 Disposal of unclaimed property

If any such property remains unclaimed sixty days after the same is no longer required to be held as evidence pursuant to Section 9.02.020 of this chapter, or sixty days after the same has come into the possession of the Chief of Police or his designee, or thirty days after the mailing of any letter of notice provided for in Section 9.02.050, such property shall be delivered to the City Manager or a designee thereof for disposal pursuant to the provisions of Chapter 3.10 of this code, except as otherwise provided in this chapter. (Ord. O-92-38 § 1 (part), 1992).

 

9.02.070 Failure to claim property

Failure to make claim of ownership within the time limits prescribed in this chapter, and before sale or donation of any article, shall forever bar the owner or any person claiming ownership by, through, or under the owner from making any subsequent claim of ownership. (Ord. O-94-33 § 3, 1994; Ord. O-92-38 § 1 (part), 1992).

 

9.02.080 Exceptions generally

Notwithstanding the foregoing provisions of this chapter, objects and articles of property as described in Section 9.02.090 may be kept, held, or disposed of as in this chapter provided. The provisions of this chapter shall not apply to the sale of abandoned automobiles as provided for in Chapter 3.11; the disposition of lost or stray animals; or to the disposition of any property which is governed by the terms of any specific ordinance or applicable state statute. (Ord. O-92-38 § 1 (part), 1992).

 

9.02.090 Disposition of weapons and contraband

A. Unless ordered to the contrary by a court of competent jurisdiction, or otherwise required by state or national law, firearms and other weapons which may not lawfully be kept, possessed, or retained by the owner or person otherwise entitled to possession thereof, or which may not otherwise lawfully be returned to the owner thereof, or which are unclaimed after notice to the owner pursuant to Section 9.02.050, or the owner of which is not known, may be kept and retained by the Police Department for use in its training programs or otherwise disposed of pursuant to the provisions of this section, except that antique or unique firearms, as determined by the Chief, may be disposed of pursuant to the provisions of Section 3.10.020(D) of this code. Whenever such firearms or weapons are retained by the Police Department for use in its training programs or otherwise, such items shall be accounted for in accordance with the provisions of Section 3.10.020(E) of this code
B. The Chief of Police or his designee may destroy each and every article of the following described property: burglary tools; firearms; cartridges; explosives; armor or bulletproof clothing; dangerous weapons; gambling apparatus; medicines; beer, wine, spirituous liquors or fermented malt beverages; soiled, bloody, or unsanitary clothing; solids or liquids of unknown or uncertain composition; drugs or hallucinogenic substances, hypodermic syringes and needles; obscene pictures, prints, effigies, or statues; any poisonous or noxious solids or liquids; or any other property which reasonably might result in injury to the health or safety of the public or be the subject of unlawful use. (Ord. O-94-33 § 4, 1994; Ord. O-92-38 § 1 (part), 1992).

 

9.02.100 Exceptions-Rights of finder

Notwithstanding any other provision of this chapter, whenever any item of tangible or intangible property has been found and delivered to the Chief of Police or his designee for care, custody, and control, such property shall be returned to the original finder whenever claim has been made by the finder and the following conditions have been met:
A. The claimant is a person who originally found the lost or abandoned property;
B. The claimant, after surrendering the property to the custodian, has served written notice to the custodian of his intention to make a claim on that item within sixty days of surrender of the item;
C. Lost or abandoned property has remained unclaimed by the owner or person having a right to the property for sixty days after surrender of the same to the custodian;
D. The lost or abandoned property is not stolen or confiscated property, nor property held under the exceptions outlined in Sections 9.02.080 through 9.02.090, nor property held as evidence pursuant to Section 9.02.020;
E. Any tangible or intangible property found within the city by a city employee during his working hours shall be delivered to the Chief of Police or his designee and shall be processed in accordance with the provisions of this chapter. Any such employee shall have no rights of a finder under this section. (Ord. O-92-38 § 1 (part), 1992).

 

9.02.110 Intangible property

A. For purposes of this chapter, “intangible property” shall be deemed to include such items of value, which are in the possession, custody or control of the Chief or the city, such as:
1. Checks, drafts, deposits, interest, dividends, income, stocks and bonds;
2. Deposits for any city service or program;
3. Overpayment or refunds on any city charge;
4. Street cut permit guarantees;
5. Refundable developer deposit accounts in the capital improvement fund;
6. Moneys unclaimed by beneficiaries of a pension or other custodial fund;
7. Intangible property left in safekeeping at any municipally owned or leased facility;
8. Uncashed payroll checks;
9. Municipal court cash bonds;
10. Lost and found money or other intangible property which is not claimed by the finder pursuant to the provisions of Section 9.02.100 hereof;
11. Uncashed court-ordered restitution payments; and
12. Any other intangible property in the custody and control of the city.
B. The City Manager or his designee is the custodian of all articles of intangible property except for intangible property which is being held pursuant to the provisions of Section 9.02.020 or Section 9.02.100 and shall keep a record of such articles of intangible property of which he is the custodian.
C. All intangible property in the custody and control of the City Manager or his designee shall be deemed abandoned one year after the date upon which it became payable or distributable. The City Manager or his designee shall examine any such intangible property which has been deemed to be abandoned and, if the owner is readily ascertainable to the custodian from public records available to him, or otherwise known to him, the custodian shall notify the apparent owner by letter, mailed by first class United States mail, postage prepaid to the last known address of such apparent owner, mailed
within a reasonable time after identification of the apparent owner, describing the intangible property and stating that the same is being held by the custodian and may be disposed of unless claimed within thirty days of mailing of such notice.
D. All intangible property presumed abandoned in the custody of the City Manager or his designee shall be disposed of or shall escheat to the city in the same manner and under the same procedures as tangible property under the provisions of this chapter. (Ord. O-94-33 § 5, 1994; Ord. O-92-38 § 1 (part), 1992).

 

9.06.010 False reporting to authorities

A. It is unlawful for any person to knowingly cause by any means, including but not limited to activation, a false alarm of fire or other emergency or a false emergency exit alarm to sound or to be transmitted to or within a fire department, ambulance service, law enforcement agency, or any other agency which deals with emergencies involving danger to life or property; or
B. It is unlawful for any person to prevent by any means, including but not limited to deactivation, a legitimate fire alarm, emergency exit alarm, or other emergency alarm from sounding or from being transmitted to or within an official or volunteer fire department, ambulance service, law enforcement agency, or other government agency that deals with emergencies involving danger to life or property;
C. It is unlawful for any person to knowingly report or knowingly cause the transmission of a report to law enforcement authorities of a crime or other incident within their official concern when he or she knows that it did not occur.
D. It is unlawful for any person to knowingly make a report or knowingly cause the transmission of a report to law enforcement authorities pretending to furnish information relating to an offense or other incident within their official concern when he or she knows that he or she has no such information or knows that the information is false.
E. It is unlawful to knowingly provide false identifying information to law enforcement authorities.
F. This section does not apply to reports of the existence or placement of a bomb or other explosive in any public or private place or vehicle designed for transportation of persons or property.
G. Any person convicted of a violation of this section or any person who enters a plea of guilty or nolo contendere to a violation of this section or is placed on a deferred judgment and sentenced for a violation of this section shall be responsible for the payment of any extraordinary expenses incurred by a law enforcement agency or a fire department as a result of such violation up to a maximum of two thousand dollars. “Extraordinary expenses” means any cost relating to a violation of the provisions of this section, including, but not limited to overtime wages for officers, firefighters, and rescue specialists, operating expenses of any equipment utilized as a result of such violation and costs relating to any laboratory testing or medical examinations conducted.
H. For purposes of this section, fire department means any fire protection district or firefighting agency of the state, county or municipalities whether the employees or officers of such agency are volunteers or receive compensation for their services as firemen, or both.
(Ord. O-2013-16 § 1, 2013; Ord. O-2001-34 § 1, 2001; Ord. O-94-33 § 6, 1994; Ord. O-74-1 § 1 (part), 1974).

 

9.06.020 False information during investigation

It is unlawful for any person to knowingly make a false statement or otherwise provide false information or to give a false name and/or address or to display any false identification to a police officer or fireman, when said police officer or fireman, while acting in his official capacity, is conducting an investigation into the commission or alleged commission of a crime or traffic violation or if there is reasonable cause to believe that a crime or traffic violation is being or has been committed. (Ord. O-84-64 § 1, 1984).

 

9.08.010 Unlawful to impersonate police officer

A. It is unlawful for any person other than a police officer of the city to wear the insignia of office of a police officer of the city or an other insignia of office like or similar to or a colorable imitation of that adopted and worn by the police officers of the city.
B. It is unlawful for any person to falsely claim, pretend, or hold himself out to be a sheriff, deputy sheriff, marshal police agent, or other peace officer or law enforcement officer of any kind in the state, county, or any town or city. (Ord. O-2004-35 § 2, 2004; Ord. O-97-13 § 1, 1997; Ord. O-74-1 § 1 (part), 1974).

 

9.08.020 Counterfeit insignias

It is unlawful for any person to counterfeit, imitate, or cause to be counterfeited, imitated or colorably imitated, the badge or insignia of office used by the Police Department of the city. (Ord. O-94-33 § 7, 1994; Ord. O-74-1 § 1 (part), 1974).

 

9.08.030 Impersonating city officers and employees unlawful

A. It is unlawful for any person other than a city officer or city employee to willfully or fraudulently represent himself to be a city officer or an employee of the city. (Ord. O-74-1 § 1 (part), 1974).

 

9.10.010 Impeding police, firemen or other officials by vehicle at scene of disaster

It is unlawful for any person to drive a vehicle to or close by the scene of a fire, explosion, traffic accident, riot or impending riot, other disaster or investigation in such a manner as to obstruct or impede the arrival, departure or operation of any fire truck, police vehicle, ambulance or any other emergency vehicle, or to fail to move a vehicle from the scene when ordered to do so by a police officer, fireman, emergency personnel or military personnel in the performance of their duties in coping with such fire, explosion, traffic accident, riot or impending riot, other disaster or investigation. (Ord. O-74-1 § 1 (part), 1974).

 

9.10.020 Interference with police officers, firefighters, emergency medical services providers, rescue specialists, city employees

A. A person commits interference with a police officer, city employee, or public official when, by using or threatening to use violence, force, physical interference, or an obstacle, such person knowingly obstructs, impairs, hinders, or interferes with the discharge or attempted discharge of an official duty by a police officer, city employee, or public official while such person is acting under color of his or her official authority.
B. A person commits interference with a firefighter, emergency medical service provider, or rescue specialist when by using or threatening to use violence, force, or physical interference, or an obstacle, knowingly obstructs, impairs, hinders, or interferes with the prevention, control, or abatement of fire by a firefighter, while such person is acting under color of his or her official authority; or knowingly obstructs, impairs, hinders, or interferes with the administration of medical treatment or emergency assistance by an emergency medical service provider or rescue specialist, while such person is acting under color of his or her official authority.
C. It is unlawful for any person to threaten violence, reprisal, or any other injurious act to any police officer, firefighter, emergency medical services provider, rescue specialist, city employee, other public official, or volunteer who is engaged in the performance or attempted performance of his or her official duties or to make such a threat by reason or on account of the performance or attempted performance of his or her official duties.
D. Definitions. The following definitions shall apply in the interpretation of this section:
1. “Emergency medical service provider” means a member of a public or private emergency medical service agency, whether that person is a volunteer or receives compensation for services rendered as such emergency medical service provider.
2. “Rescue specialist” means a member of a public or private rescue agency, whether that person is a volunteer or receives compensation for service rendered as such rescue specialist.
E. It is not a defense to a prosecution under this section that the police officer was acting in an illegal manner, if he or she was acting under color of his or her official authority. A police officer acts “under color of his or her official authority” if, in the regular course of assigned duties, he or she makes a judgment in good faith based on surrounding facts and circumstances that he or she must act to enforce the law or preserve the peace.
(Ord. O-2013-16 § 2, 2013; Ord. O-97-13 § 2, 1997; Ord. O-94-33 § 8, 1994; Ord. O-74-1 § 1 (part), 1974).

 

9.10.030 Resisting arrest-Escaping-Rescuing a prisoner

A. It is unlawful for any person to prevent or attempt to prevent a peace officer, acting under color of his official authority, from effecting an arrest of any person by:
1. Using or threatening to use physical force or violence against the peace officer or another; or
2. Using any other means which creates substantial risk of causing physical injury to the peace officer or another.
B. “Peace officer” as used in this section, means any person defined as a peace officer by Section 16-2.5-101, Colorado Revised Statutes, who is in uniform or, if out of uniform, one who has identified himself by displaying his credentials as a peace officer to the person whose arrest is being attempted.
C. A peace officer is “acting under color of sufficient authority” when, in the course of his duties, he is called upon to make or does in fact make a good faith judgment based on surrounding facts and circumstances that an arrest should be made. It is no defense to a prosecution under this section that the arrest was unlawful if the peace officer was acting under color of his official authority and did not use unreasonable or excessive force in effecting the arrest.
D. It is unlawful for any person to escape or attempt to escape from the custody of a police officer, or in any manner aid another to escape who is in the custody of a peace officer, or to rescue or attempt to rescue a person from the custody of a peace officer or from the custody of any person aiding such peace officer; provided, however, the provisions of this section shall not apply whenever the escapee is being held on account of a felony or charged with or held for any felony. (Ord. O-2004-35 § 3, 2004; Ord. O-2002-46 § 1, 2002; Ord. O-94-33 § 9, 1994; Ord. O-77-16 § 1, 1977; Ord. O-74-1 § 1 (part), 1974).

 

9.10.040 Disobeying an order of a police officer or fireman-Refusing to aid a police officer

A. It is unlawful for any person to knowingly disobey the lawful or reasonable order of any police officer, fireman, emergency personnel or military personnel given incident to the discharge of the official duties of such police officer or fireman, or incident to the duties of emergency personnel or military personnel when coping with an emergency, explosion or other disaster.
B. A person commits an unlawful act when, upon command by a person known to him as a police officer, he unreasonably refuses to aid such police in coping with any emergency situation. (Ord. O-74-1 § 1 (part), 1974).

 

9.12.010 Blue and red lights – Illegal use or possession

A. A person shall not be in actual physical control of a vehicle, except an authorized emergency vehicle as defined in Section 42-1-102(6), C.R.S. that the person knows contains a lamp or device that is designed to display, or that is capable of displaying if affixed or attached to the vehicle, a red or blue light visible directly in front of the center of the vehicle.
B. It shall be an affirmative defense that the defendant was:
1. A peace officer as described in Section 16-2.5-101, C.R.S.; or
2. In actual physical control of a vehicle expressly authorized by a chief of police or sheriff to contain a lamp or device that is designed to display, or that is capable of displaying if affixed or attached to the vehicle, a red or blue light visible from directly in front of the center of the vehicle; or
3. A member of a volunteer fire department or a volunteer ambulance service who possesses a permit from the fire chief of the fire department or chief executive officer of the ambulance service through which the volunteer serves to operate a vehicle pursuant to Section 42-4-222 (1)(b) C.R.S.; or
4. A vendor who exhibits, sells, or offers for sale a lamp or device designed to display, or that is capable of displaying, if affixed or attached to the vehicle, a red or blue light.
5. A collector of fire engines, fire suppression vehicles, or ambulances and the vehicle to which the red or blue lamps were affixed is valued for the vehicle’s historical interest or as a collector’s item. (Ord. O-2006-21 § 2, 2006; Ord. O-2004-35 § 4, 2004; Ord. O-74-1 § 1 (part),

 

9.12.020 Solicitation of towing business

A. It is unlawful for any person or persons to drive or cause any tow truck or vehicle equipped to provide towing service to be driven to, or to stop or park any such vehicle, or cause the same to be stopped or parked, at or near the scene of any fire, explosion, traffic accident or other disaster, when such tow truck or vehicle has not been called to the scene by the owner or operator of a damaged vehicle, or the owner of property required to be towed from the scene, or by his duly authorized agent or insurance carrier, or by an agent or representative of the Police Department of the city, or by a fireman or other peace officer attending the scene.
B. It is unlawful for any person or persons to solicit any other person or persons at or near the scene of any fire, explosion, traffic accident or other disaster, for the purpose of procuring towing business, that is, for the purpose of securing authorization or agreement from any person or persons at or near such scene to tow or haul away any vehicle or other personal property from any such scene, for hire. (Ord. O-94-33 § 10, 1994; Ord. O-74-1 § 1 (part), 1974).

 

9.14.010 Physicians to report wounds

It shall be the duty of every physician or surgeon practicing within the city, who attends or has under his charge or care any patient or other person suffering from any gunshot, puncture or cutting wounds which appear to be a result of violence inflicted by another, to report to the Chief of Police the name of such patient or other person and all facts pertaining to such case within the knowledge of such physician or surgeon. (Ord. O-94-33 § 11, 1994; Ord. O-74-1 § 1 (part), 1974).

 

9.16.010 Cruelty to police dogs-Unlawful

It is unlawful for any person to knowingly torture, torment, beat, kick, strike, mutilate, injure, disable, or kill any dog used by the Police Department of the City when such dog is being used in the performance of the functions or duties of such department. (Ord. O-94-33 § 12, 1994; Ord. O-80-10 § 1, 1980).

Page Navigation:
Video
Video can go here