CHAPTER 10.08. – OFFENSES AGAINST GOVERNMENT

10.08.010. Failure to obey required court appearance.

10.08.020. Obstructing government functions.

10.08.024. Misuse of city services.

10.08.040. Resisting arrest.

10.08.050. Obstructing a police officer or firefighter—Police lines.

10.08.060. Minimum fines—Resisting arrest—Obstructing a police officer or firefighter.

10.08.070. Escape.

10.08.080. Refusing to aid a police officer.

10.08.090. False reporting to authorities.

10.08.110. Impersonating a public servant.

10.08.180. Disaster and emergency orders.

10.08.190. Emergency workers.

10.08.200. Disobeying disaster or emergency orders.

 

10.08.010. Failure to obey required court appearance.

A. It is unlawful for any person accused or convicted of any violation of this Code to knowingly fail to appear before the municipal court or agency of the municipal court at the time and place specified on any summons issued by the court or summons and complaint served upon such person, or as specified by or upon any court order or notice of appearance provided by the court. This action shall not be deemed to preclude the court from exercising its full powers relating to the setting and forfeiture of bonds and contempt.

B. It shall not be a defense to the provisions of this section that the underlying charge is defective or the offense upon which the failure to appear is predicated does not result in a trial or conviction, or that the conviction is reversed on appeal.

C. The court shall punish any person convicted of violating this section by a fine between $100.00 and $500.00, or by imprisonment for up to 90 days, or both such fine and imprisonment. If the defendant twice knowingly fails to appear during any one prosecution, in addition to the minimum fine, the court shall also sentence the defendant to serve at least five days’ imprisonment.

(Code 1993, § 10.08.010; Ord. No. O-92-51, § 1; Ord. No. O-94-61, § 9)

10.08.020. Obstructing government functions.

A. It is unlawful to knowingly obstruct, impair or hinder the performance of a governmental function of the city by a public servant, by using or threatening to use violence, force or physical interference or obstacle.

B. It shall be an affirmative defense that:

1. The obstruction, impairment or hindrance was of unlawful action by a public servant; or

2. The obstruction, impairment or hindrance of a governmental function was by lawful activities in connection with a labor dispute with the city.

(Code 1993, § 10.08.020; Ord. No. O-92-51, § 1)

State law reference— Similar provisions, C.R.S. § 18-8-102.

10.08.024. Misuse of city services.

A. No person, except the city’s customer of record responsible for the service, shall knowingly obtain or use any electric, water, sewer, refuse or sanitation utility service the City of Longmont provides. For the purposes of this section, the customer of record means an active customer whose service has not been disconnected by the city. It is an affirmative defense to an alleged offense under this paragraph that the defendant, consistent with all otherwise applicable laws, ordinances, rates, rules and regulations, obtained or used city utility service with express permission from, or as a guest or household member of, the city’s customer of record responsible for the service used or obtained.

B. No person, except the city’s customer of record at each respective address, or the city’s designated recycling agent, shall take physical possession of any recyclable material set out for city collection in a city recyclable materials container, or otherwise identified and placed for city collection.

(Code 1993, § 10.08.024; Ord. No. O-95-102, § 1; Ord. No. O-2005-61, § 5)

10.08.040. Resisting arrest.

A. It is unlawful to knowingly prevent or attempt to prevent a police officer, acting under color of such officer’s official authority, from effecting an arrest of the person or another by:

1. Using or threatening to use physical force or violence against the police officer or another; or

2. Using any other means which creates a substantial risk of causing physical injury to the police officer or another.

B. It is no defense that the police officer was attempting to make an arrest which in fact was unlawful, if such officer was acting under color of his or her official authority, and in attempting to make the arrest such officer was not resorting to unreasonable or excessive force giving rise to the right of self defense. A police officer acts “under color of his or her official authority” when such officer is called upon to make and does make a judgment in good faith, based upon surrounding facts and circumstances, that such officer should make an arrest.

C. It is no defense that the officer was not in a uniform when the officer identified himself or herself by exhibiting police officer credentials.

(Code 1993, § 10.08.040; Ord. No. O-92-51, § 1)

State law reference— Similar provisions, C.R.S. § 18-8-103.

10.08.050. Obstructing a police officer or firefighter—Police lines.

A. It is unlawful to knowingly:

1. Obstruct, hinder or impair, by using or threatening to use violence, force or physical interference or obstacle, the enforcement of the penal law or preservation of the peace by a police officer acting under color of such officer’s official authority, or the prevention, control or abatement of fire by a firefighter acting under color of such firefighter’s official authority;

2. Cross a police line. If the police chief or designee determines that a substantial danger to the preservation of public health or safety exists as a result of a declared emergency, a hostage or barricaded subject situation or a parade, demonstration or counter-demonstration, the police chief or designee may set up a police line or lines to effect a clearing; to separate parade participants or demonstrators, counter-demonstrators, and passersby; to allow for the movement of pedestrian and vehicular traffic; to exclude the public from the vicinity of an emergency area or a riot or disorderly gathering; or to protect persons and property. When such police line is for parades, demonstrations or counter-demonstrations, it shall be set in a manner which represents the least restrictive alterative reasonably necessary to cope with the danger posed, in the judgment of the police chief or designee. To protect a crime scene, accident or investigative scene or hostage or barricaded subject situation, a police officer may set up a police line or lines to protect the scene. The police line may be set up by any means which gives reasonable notice of the existence of the police line.

B. It is no defense that the police officer was acting illegally if the officer was acting under color of his or her official authority as defined in section 10.08.040B.

(Code 1993, § 10.08.050; Ord. No. O-92-51, § 1;)

State law reference— Obstructing a peace officer, firefighter, emergency medical services provider, rescue specialist, or volunteer, C.R.S. § 18-8-104.

10.08.060. Minimum fines—Resisting arrest—Obstructing a police officer or firefighter.

The court shall fine, without suspension, every person convicted of either resisting arrest, under section 10.08.040, or obstructing a police officer or firefighter under section 10.08.050 a minimum of $50.00 for the first conviction within 12 months, and $150.00 for a subsequent conviction of either within 12 months, together with all applicable court costs. If the court imposes a sentence of imprisonment, not suspended, imposition of the minimum fines is not required. Maximum fines and penalties for such offenses are as otherwise stated for violations of this title.

(Code 1993, § 10.08.060; Ord. No. O-92-51, § 1; Ord. No. O-94-61, § 9)

10.08.070. Escape.

A. It is unlawful for any person charged with, held for or convicted of any ordinance violation of the city to knowingly escape or attempt to escape from custody of a police officer or from the police department detention facility.

B. It is unlawful to knowingly aid, abet or assist another person to escape who is in custody of a Longmont police officer or confined in the police department detention facility and charged with, held for or convicted of violating any ordinances of the city.

(Code 1993, § 10.08.070; Ord. No. O-92-51, § 1;)

State law reference— Escape and related offenses, C.R.S. § 18-8-201 et seq.

10.08.080. Refusing to aid a police officer.

It is unlawful for a person 18 years of age or older, upon command by a person known to that person to be a police officer, to knowingly and unreasonably refuse or fail to aid a police officer in effecting or securing an arrest, or preventing the commission by another of any offense.

(Code 1993, § 10.08.080; Ord. No. O-92-51, § 1)

State law reference— Similar provisions, C.R.S. § 18-8-107.

10.08.090. False reporting to authorities.

It is unlawful to:

A. Knowingly or negligently cause a false alarm of fire or other emergency to be sent to or within any fire district or department, an ambulance service or any agency of the city which deals with emergencies involving danger to life or property; or

B. Knowingly or negligently make a report or cause the transmission of a report to any police department of a crime or other incident within its official concern knowing that it did not occur; or

C. Knowingly or negligently make a report or purposely cause the transmission of a report to the police department pretending to furnish information about an offense or other incident within its official concern when the person reporting has no such information or knows that the information is false; or

D. Knowingly provide false identifying information to law enforcement authorities.

As used in this section, “identifying information” means a person’s name, address, birth date, social security number, or driver’s license or Colorado identification number.

(Code 1993, § 10.08.090; Ord. No. O-92-51, § 1; Ord. No. O-98-31, § 1)

State law reference— Similar provisions, C.R.S. § 18-8-111.

10.08.110. Impersonating a public servant.

A. It is unlawful to knowingly and falsely pretend to be a public servant of the city other than a police officer and perform an act in that pretended capacity, except in a bona fide theatrical performance.

B. It is no defense that the office the person pretended to hold did not in fact exist.

(Code 1993, § 10.08.110; Ord. No. O-92-51, § 1)

State law reference— Similar provisions, C.R.S. § 18-8-113.

10.08.180. Disaster and emergency orders.

During a declared state of disaster or emergency as authorized by this Code or state or federal law, in the interest of public safety and welfare, the city manager, or the city manager’s designee may:

A. Order a general curfew applicable to such geographical areas of the city, to the city as a whole and to any city property inside or outside the city, as the city manager, or the city manager’s designee considers advisable, applicable during such hours of the day or night as the city manager or the city manager’s designee considers necessary;

B. Direct and compel the evacuation of all or part of the population from any affected or threatened area within the city or any affected or threatened city property inside or outside the city if the city manager or designee considers this action necessary for the preservation of life or other disaster or emergency mitigation, response or recovery;

C. Designate a disaster or emergency area into which no person shall enter or remain unless in the performance of official duties as assigned in the city emergency plan or with written permission from the city manager or designated representative;

D. Prescribe routes, modes of transportation and destinations in connection with evacuations;

E. Order the closing of all licensed liquor establishments;

F. Prohibit selling, distributing or giving away gasoline or other liquid flammable or combustible products in any container, other than a gasoline or diesel tank properly affixed to a motor vehicle;

G. Order the closing of gasoline stations and other establishments, the chief activity of which is the distribution or dispensing of flammable or combustible liquid products;

H. Prohibit selling, distributing, dispensing or giving away of any explosives or of any firearms and ammunition in any character whatever;

I. Order the closing of any or all establishments, the chief activity of which is sale, distribution, dispensing or giving away of explosives or firearms and/or ammunition;

J. Execute contracts for the emergency construction or repair of public improvements, when there exists a threat to public health, welfare or safety upon following the procedures of section 4.12.130 of this Code;

K. Purchase or lease goods and services deemed necessary to the city’s emergency response, upon following the procedures of section 4.12.130 of this Code;

L. Lease real property, or structures, or both, deemed necessary to the city’s emergency response or the continued operation of city government;

M. Designate a different location from Longmont Civic Center, at Third Avenue and Kimbark Street in Longmont as the temporary city hall;

N. Authorize entry onto or upon private property if reasonable grounds exist to believe that an emergency exists and that an entry on private property is required in order to protect life or minimize an imminent threat to property;

O. Make application for local, state or federal assistance;

P. 1. At such time as an emergency or disaster shall be declared ended, the city manager shall prepare a written report that details the official actions taken by the city manager during the declaration, including a timeline, significant actions and a detailed summary of all expenses incurred during such declaration. That written report shall be made available to members of the public and it shall be submitted to the city council within 30 days of the date on which the disaster emergency is declared ended except that the summary of expenses incurred may be provided during such other period as city council may allow.

2. The city council shall consider the city manager’s report at a properly noticed public meeting. At that meeting, the city council may (but is not required to) ratify the actions taken by the city manager during the period of a declared disaster or emergency. If the city council disagrees with actions taken by the city manager during the disaster or emergency, it may refuse to ratify those actions. However, whether or not the city manager’s actions are ratified by the city council, the city manager’s report shall be made a part of the official public record of the city council meeting at which the report was discussed by the city council.

(Code 1993, § 10.08.180; Ord. No. O-92-51, § 1; Ord. No. O-2003-12, § 2; Ord. No. O-2009-19, § 5, 4-28-2009)

10.08.190. Emergency workers.

The city manager or designee shall have the authority to designate members of the Longmont Emergency Unit, Community Watch and React as emergency workers. The members of these groups as designated shall have authority to enforce any of the emergency orders in section 10.08.180.

(Code 1993, § 10.08.190; Ord. No. O-92-51, § 1)

10.08.200. Disobeying disaster or emergency orders.

It is unlawful, during a declared state of emergency, to knowingly fail to obey an authorized disaster or emergency order or prohibition.

(Code 1993, § 10.08.200; Ord. No. O-92-51, § 1; Ord. No. O-2002-36, § 1; Ord. No. O-2003-12, § 3)