CHAPTER 10.02. – GENERAL PROVISIONS

10.02.010. Definitions.

10.02.020. Penalties.

 

10.02.010. Definitions.

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

Alcoholic beverages or alcoholic liquors means malt, vinous or spirituous liquors; except that “alcoholic beverages” and “alcoholic liquors” shall not include confectionery containing alcohol within the limits prescribed by C.R.S. § 25-5-410(1)(i)(II).

Blackjack includes any billy, sand club, sandbag or other hand-operated striking weapon consisting, at the striking end, of an encased piece of lead or other heavy substance and, at the handle end, of a strap or springy shaft which increases the force of impact.

Bodily injury means physical pain, illness or any impairment of physical or mental condition.

Criminal negligence means when a person, acting in gross deviation from the standard of care that a reasonable person would exercise, fails to perceive a substantial and unjustifiable risk that a result will occur or that a circumstance exists.

Deadly weapon means any firearm, knife, bludgeon or other weapon, device, instrument, material or substance, whether animate or inanimate, which in the manner it is used or intended to be used could produce death or serious bodily injury.

Deviate sexual intercourse means any act of sexual gratification between human beings who are not husband and wife, involving contact of the genital organs of one and the mouth or anus of another.

Fermented malt beverage means any beverage obtained by the fermentation of any infusion or decoction of barley, malt, hops or any similar product or any combination thereof in water containing not less than one-half of one percent alcohol by volume and not more than 3.2 percent alcohol by weight or four percent alcohol by volume; except that “fermented malt beverage” shall not include confectionery containing alcohol within the limits prescribed by C.R.S. § 25-5-410(1)(i)(II).

Firearm means any handgun, automatic, revolver, pistol, rifle, shotgun or other instrument or device capable or intended to be capable of discharging bullets, cartridges or other explosive charges.

Firefighter means the personnel of the fire department and includes volunteers and personnel of fire districts and fire departments who are assisting the fire department in fighting fires, responding to hazardous material incidents and emergency situations.

Gas gun means a device designed for projecting gas-filled projectiles which release their contents after they have been projected from the device, and includes projectiles designed for use in such a device.

Governmental function means any activity which a public servant is legally authorized to undertake on behalf of a government.

Gravity knife means any knife that has a blade released from the handle or sheath by the force of gravity or the application of centrifugal force, that when released is locked in place by means of a button, spring, lever or other device.

Illegal weapon means any blackjack, gas gun, metallic knuckles, gravity knife or switchblade knife.

Intentionally or with intent. A person acts “intentionally” or “with intent” when such persons conscious objective is to cause the specific result proscribed by the ordinance defining the offense.

Knife means any dagger, dirk, knife or stiletto with a blade more than 3½ inches in length, or any other dangerous instrument capable of inflicting cutting, stabbing or tearing wounds.

Knowingly or willfully. A person acts “knowingly” or “willfully” with respect to conduct or to a circumstance when such person is aware that his or her conduct is of such nature or that such circumstance exists. A person acts knowingly or willfully with respect to a result of his or her conduct, when such person is aware that his or her conduct is practically certain to cause the result. Neither requires knowledge of the unlawfulness of such conduct.

Lewd or indecent displays means performing acts of or acts which simulate:

1. Sexual intercourse, masturbation, sodomy, bestiality, oral copulation, fellatio, flagellation or any sexual act prohibited by law;

2. The touching, caressing or fondling of the breast, buttocks, anus or genitals;

3. The displaying of the pubic hair, anus, vulva or genitals;

4. The displaying of the post-pubertal human female breast below a point immediately above the top of the areola, or the displaying of the post-pubertal human female breast where the nipple only, or the nipple and areola only, are covered.

Litter means all rubbish, waste material, refuse, garbage, trash, fecal material, debris or other foreign substance, solid or liquid, of every form, size, kind and description.

Malt liquors includes beer and means any beverage obtained by the alcoholic fermentation of any infusion or decoction of barley, malt, hops, or any other similar product, or any combination thereof, in water containing more than three and two-tenths percent of alcohol by weight or four percent alcohol by volume.

Marijuana means all parts of the plant cannabis sativa L., whether growing or not; the seeds thereof; the resin extracted from any part of the plant and every compound, manufacture, salt, derivative, mixture or preparation of the plant, its seeds or resin. It does not include fiber produced from the stalks, oil or cake made from the seeds of the plant, or sterilized seed of the plant which is incapable of germination if these items exist apart from any other item defined as “marijuana” in this section. It does not include “marijuana concentrate,” which means hashish, tetrahydrocannabinol, or any alkaloid, salt, derivative, preparation, compound or mixture, whether natural or synthesized, of tetrahydrocannabinol.

Nudity means uncovered or less than opaquely covered post-pubertal human genitals, pubic areas, the post-pubertal human female breast below a point immediately above the top of the areola or the covered human male genitals in a discernibly turgid state. As used in this definition, a female breast is considered uncovered if the nipple only, or the nipple and the areola only, are covered.

Nunchaku means an instrument consisting of two sticks, clubs, bars or rods used as handles, connected by rope, cord, wire or chain, designed as a weapon used in connection with the practice of a self-defense system.

Open container means any container of alcoholic beverage or fermented malt beverage, whether open or closed, except a sealed containerin the original condition required by C.R.S. § 12-47-103(33).

Premises means any real estate and all improvements erected thereon.

Public servant means any officer or employee of the city, whether elected or appointed, and any person participating as an advisor, consultant, process server, or otherwise in performing a governmental function, but the term does not include witnesses.

Recklessly means when a person acts in conscious disregard of a substantial and unjustifiable risk that a result will occur or that a circumstance exists.

Spirituous liquors means any alcoholic beverage obtained by distillation, mixed with water and other substances in solution, and includes among other things brandy, rum, whiskey, gin, and every liquid or solid, patented or not, containing at least one-half of one percent alcohol by volume which is fit for use for beverage purposes. Any liquid or solid containing beer or wine in combination with any other liquor, except as provided in C.R.S. § 12-47-103(19) and C.R.S. § 12-47-103(39), shall not be construed to be fermented malt or malt or vinous liquor but shall be construed to be spirituous liquor.

Substances releasing toxic vapors means the following products: plastic (styrene) cements containing toluene, acetone, benzene, aliphatic acetates (such as ethyl acetate and methyl cellosolve acetate), hexane; model cements containing acetone, toluene or naphtha toluene or naphtha of petroleum origin; household cements containing toluene, acetone, isopropanol, methyl ethyl ketone or methyl isobutyl ketone; fingernail polish removers containing acetone, aliphatic acetates, benzene or alcohol; lacquer thinners containing toluene, aliphatic acetates or methyl, ethyl or propyl alcohol; lighter fluids or cleaning fluids containing naphtha of petroleum origin, perchlorethylene, trichloroethane or carbon tetrachloride.

Switchblade knife means any knife, the blade of which opens automatically by hand pressure applied to a button, spring or other device in its handle.

Throwing stars means a disk having sharp radiating points or any disk-shaped bladed object which is handheld and thrown, and which is designed as a weapon used in connection with the practice of a self-defense system.

Tobacco product means any substance containing tobacco leaf, including, but not limited to, cigarettes, cigars, pipe tobacco, snuff, chewing tobacco or dipping tobacco.

Vinous liquors means wine and fortified wines which contain not less than one-half of one percent and not more than 21 percent alcohol by volume, and shall be construed to mean alcoholic beverage obtained by the fermentation of the natural sugar contents of fruits or other agricultural products containing sugar.

(Code 1993, § 10.02.010; Ord. No. O-92-51, § 1; Ord. No. O-97-67, § 1)

10.02.020. Penalties.

Except as otherwise provided in this title, the court shall punish every person convicted of an offense under this title by a fine up to $999.00 or by imprisonment up to 180 days or by both such fine and imprisonment.