IV. Offenses Against Public Decency
A. It is unlawful, in any place of business where alcoholic beverages are sold to be consumed upon the premises, for any person to beg or to solicit any patron or customer of or visitor in such premises to purchase any alcoholic beverage, for the one begging or soliciting.
B. It is unlawful for the proprietor or operator or person in charge of any such establishment to knowingly permit or allow the presence in such establishment of any person who violates the provisions of this section. (Ord. O-74-1 § 1 (part), 1974).
As used in this chapter, unless the context otherwise requires:
“Ethyl alcohol” means any substance which is or contains ethyl alcohol and includes fermented malt beverage.
“Open container” means any bottle, can, box, glass, or other device used for the storage and/or sale of beverage, which has had its cap or other permanent seal broken so as to allow access to its contents. Further, “open container” means any item used for the storage or transport of beverage which has no permanent cap, top, or sealer.
“Possession of ethyl alcohol” means that a person has or holds any amount of ethyl alcohol anywhere on his person, or that a person owns or has custody of ethyl alcohol, or has ethyl alcohol within his immediate presence and control.
“Possession of an open container” means that a person has or holds an open container containing any amount of ethyl alcohol anywhere on his person, or that a person owns or has custody of an open container containing any amount of ethyl alcohol, or has an open container containing any amount of ethyl alcohol on or about his person.
“Private property” means any dwelling and its curtilage which is being used by a natural person or natural persons for habitation and which is not open to the public and privately owned real property which is not open to the public. Private property shall not include any establishment which has or is required to have a license pursuant to article 46, 47, or 48 of title 12, C.R.S., or any establishment which sells ethyl alcohol or upon which ethyl alcohol is sold, or any establishment which leases, rents, or provides accommodations to members of the public generally. (Ord. O-87-73 § 1 (part), 1987; Ord. O-2001-12 § 1, 2001).
9.41.020 Open containers-Unlawful
It is unlawful for any person to possess any open container containing any amount of ethyl alcohol or to consume any ethyl alcohol on any public highway, street, alley, sidewalk, parking lot, or other public place; or upon any private property without the permission of the owner or person in lawful possession and control of such property or such person's agent. This provision shall not apply to any public highway, street alley sidewalk, or other public place for which a block party permit has been issued by the City Clerk's Office or to possession or consumption of a fermented malt beverage by a person twenty-one years of age or older in any park or recreation area of the city when permitted by Section 9.32.090 or Section 9.32.100 of the Lakewood Municipal Code. (Ord. O-87-73 § 1 (part), 1987; Ord. O-2001-12 § 2, 2001).
9.41.030 Open container in motor vehicle-Unlawful
It is unlawful for any person to possess any open container containing any amount of ethyl alcohol or to consume any ethyl alcohol within or on the passenger compartment of a motor vehicle, including motorcycles, while such vehicle is in motion, parked, stopped or standing on any public highway, street, alley, sidewalk, parking lot, or other public place, or private property without the permission of the owner or person in lawful possession and control of such property or such person's agent. If a vehicle does not have a trunk or compartment separate from the passenger compartment, a container which is open shall be encased or enclosed. This provision shall not apply to the possession or consumption of a fermented malt beverage by a person twenty-one years of age or older in any park or recreation area of the city when permitted by Section 9.32.090 or Section 9.32.100 of the Lakewood Municipal Code. (Ord. O-87-73 § 1 (part), 1987; Ord. 2001-12 § 3, 2001).
9.41.040 Prima facie evidence
Prima facie evidence of a violation of this chapter shall consist of:
A. Any liquid found in any container as described in this chapter, and which in the sensory perception of the investigating agent either looks or smells like ethyl alcohol, shall be prima facie evidence that the liquid is ethyl alcohol; or
B. During any trial for a violation of a provision of this chapter, any bottle, can or any other container with labeling indicating the contents of such bottle, can, or container shall be admissible into evidence and shall not constitute hearsay. The fact finder may consider the information contained on any label in determining whether the contents of the bottle, can or other container were composed in whole or in part of ethyl alcohol. A label which identifies the contents of any bottle, can, or other container as “beer”, “ale”, “malt beverage”, “fermented malt beverage”, “malt liquor”, “wine”, “champagne”, “whiskey”, “gin”, “rum”, “armangnac”, “vodka”, “tequila”, “schnapps”, “brandy”, “cognac”, “liqueur”, “cordial”, “alcohol”, or “liquor”, shall constitute prima facie evidence that the contents of the bottle, can, or other container was composed in whole or in part of ethyl alcohol; or
C. Prima facie evidence of the violation of section 9.41.070 of this chapter shall consist of evidence that the defendant was under the age of twenty-one years and possessed or consumed ethyl alcohol anywhere in this city, or evidence that the defendant was under the age of twenty-one and manifested any of the characteristics commonly associated with ethyl alcohol intoxication or impairment while present anywhere in this city. (Ord. O-94-33 § 26, 1994; Ord. O-87-73 § 1 (part), 1987; Ord. 2001-12 § 4, 2001).
9.41.050 Unlawful to sell or give ethyl alcohol to underage person
It is unlawful for any person to sell, serve, deliver, or give any ethyl alcohol to any person under the age of twenty-one years. (Ord. O-94-33 § 27, 1994; Ord. O-87-73 § 1 (part), 1987; Ord. 2001-12 § 5, 2001).
9.41.060 Purchases of ethyl alcohol prohibited
It is unlawful for any person under the age of twenty-one years to purchase or attempt to purchase any ethyl alcohol by misrepresentation of age or by any other method. (Ord. O-94-33 § 28, 1994; Ord. O-87-73 § 1 (part), 1987; Ord. 2001-12 § 6, 2001).
9.41.070 Possession or consumption of ethyl alcohol prohibited
It is unlawful for any person under the age of twenty-one years to possess or consume any ethyl alcohol. (Ord. O-94-33 § 29, 1994; Ord. O-87-73 § 1 (part), 1987; Ord. O-2001 12- § 7, 2001).
9.41.075 Unlawful to sell or give ethyl alcohol to intoxicated person
It is unlawful for any person to sell, serve, give away, dispose of, exchange or deliver or permit the sale, serving, giving, or procuring of any ethyl alcohol to a visibly intoxicated person. (Ord. O-2002-46 § 2, 2002).
9.41.080 Strict liability
The violation of Sections 9.41.020, 9.41.030, 9.41.050, 9.41.060, or 9.41.070 of this chapter shall be a strict liability offense. (Ord. O-2001-12 § 8, 2001).
9.41.090 Affirmative defenses
It shall be an affirmative defense to Section 9.41.070 of this chapter that the ethyl alcohol was possessed or consumed by a person under twenty-one years of age under the following circumstances:
A. While such person was legally upon private property with the knowledge and consent of the owner or legal possessor of such private property and the ethyl alcohol was possessed or consumed with the consent of his parent or legal guardian who was present during such possession or consumption; or
B. When the existence of ethyl alcohol in a person's body was due solely to the ingestion of a confectionery which contained ethyl alcohol within the limits prescribed by 25-5-410(1)(i)(II) C.R.S.; or the ingestion of any substance which was manufactured, designed or intended primarily for a purpose other than oral human ingestion; or the ingestion of any substance which was manufactured, designed, or intended solely for medicinal or hygienic purposes; or solely from the ingestion of a beverage which contained less than one-half of one percent of ethyl alcohol by weight; or
C. The possession or consumption of ethyl alcohol shall not constitute a violation of this section if such possession or consumption takes place for religious purposes protected by the first amendment to the United States Constitution. (Ord. O-2001-12 § 9, 2001).
9.41.100 Unlawful to possess alcohol without liquid
A. Except as otherwise provided in subsection (B) of this section, it is unlawful for a person to possess, purchase, sell, offer to sell, or use an alcohol-without-liquid device (AWOL) in this City.
B. This section shall not apply to a hospital, as defined in Section 25.5-1-503(3), C.R.S., that operates primarily for the purpose of conducting scientific research, a state institution conducting bona fide research, or to a pharmaceutical company or biotechnology company conducting bona fide research and that complies with state law regulating the possession of an AWOL device.
C. For the purposes of this section “AWOL device” means a device, machine, apparatus, or appliance that mixes an alcohol beverage with pure or diluted oxygen to produce an alcohol vapor that an individual can inhale or snort. “AWOL device” does not include an inhaler, nebulizer, atomizer, or other device that is designed and intended by the manufacturer to dispense a prescribed or over-the –counter medication. (Ord. O-2006-21 § 3, 2006).
9.42.010 Harboring of minors unlawful
A. A person commits the crime of harboring if the person knowingly provides shelter to a minor without the consent of a parent, guardian, or custodian of the minor and if the person intentionally:
1. Fails to release the minor to a police officer after being requested to do so by the officer; or
2. Fails to disclose the location of the minor to a police officer when requested to do so, if the person knows the location of the minor and had either taken the minor to that location or had assisted the minor in reaching that location; or
3. Obstructs a police officer from taking the minor into custody; or
4. Assists the minor in avoiding or attempting to avoid the custody of a police officer; or
5. Fails to notify the parent, guardian, or custodian of a minor or a police officer that the minor, who is ten years of age or younger, is being sheltered. Such notification shall be given within four hours after shelter has been provided; or
6. Fails to notify the parent, guardian, or custodian of a minor or a police officer that the minor, who is over ten years of age, is being sheltered. Such notification shall be given within twelve hours after shelter has been provided.
B. This provision shall not apply to police officers working in their official capacities or other persons working in their official capacities as employees or members of the staffs of agencies authorized by the state of Colorado to harbor minors except as provided in subsection C of this provision.
C. If the shelter provided to the minor is by a licensed child care facility, including a licensed homeless youth shelter, the minor, despite the minor's status, may reside at such facility or shelter for a period not to exceed two weeks after the time of intake, pursuant to the procedures set forth in article 5.7 of title 26, C.R.S.
D. 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 sentence for a violation of this section shall be responsible for the payment of any extraordinary expenses incurred by a law enforcement agency or 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 and operating expenses of any equipment utilized as a result of such violation.
E. It shall be an affirmative defense to a violation of this section that the minor was emancipated at the time of the act of harboring. For the purposes of this section, emancipated juvenile means a juvenile over fifteen years of age and under eighteen years of age who has, with the real or apparent assent of the juvenile's parents, demonstrated independence from the juvenile's parents in matters of care, custody, and earnings. The term may include, but shall not be limited to, any such juvenile who has the sole responsibility for the juvenile's own support, who is married, or who is in the military. (Ord. O-98-35 § 4, 1998; Ord. O-84-76 § 1, 1984).
9.43.010 Legislative intent
It is the intent and purpose of this chapter not to cover or include offenses which are felonies under the Colorado Revised Statutes, as amended, and this chapter shall not be otherwise construed. (Ord. O-91-28 § 1 (part), 1991).
As used in this chapter, unless the context otherwise requires:
“Marijuana” or “marihuana” mean 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 its 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 subsection. “Marijuana” does not include marijuana concentrate as defined in this section.
“Marijuana concentrate” means hashish, tetrahydrocannabinols, or any alkaloid, salt, derivative, preparation, compound, or mixture, whether natural or synthesized, of tetrahydrocannabinols. (Ord. O-91-28 § 1 (part), 1991).
9.43.030 Possession of marijuana
It is unlawful for any person to knowingly possess less than eight ounces of marijuana. (Ord. O-2007-28 § 5, 2007; Ord. O-91-28 § 1 (part), 1991).
9.43.040 Public display, consumption, or use of marijuana
It is unlawful for any person to openly and publicly display, consume, or use less than eight ounces of marijuana. (Ord. O-2007-28 § 6, 2007; Ord. O-91-28 § 1 (part), 1991).
Pursuant to Section 14 of Article XVIII of the State Constitution which creates limited exceptions to the criminal laws of this state for patients, primary care givers, and physicians concerning the medical use of marijuana, by a patient to alleviate an appropriately diagnosed debilitating medical condition, Section 9.43.030, Possession of Marijuana, shall not apply to any patient or primary care-giver in lawful possession of a registry identification card engaging in or assisting in the medical use of marijuana. (Ord. O-2001-34 § 3; Ord. O-91-28 § 1 (part), 1991).
9.43.070 Affirmative defense
A patient or primary care-giver charged with a violation of Section 9.43.030 of this Chapter related to the patient's medical use of marijuana as set forth in Section 14 of Article XVIII of the State Constitution will be deemed to have established an affirmative defense to such allegation where:
A. The patient was previously diagnosed by a physician as having a debilitating medical condition;
B. The patient was advised by his or her physician in the context of a bona fide physician-patient relationship, that the patient might benefit from the medical use of marijuana in connection with a debilitating medical condition; and
C. The patient and his or her primary caregiver were collectively in possession of the amounts of marijuana only as permitted under the State Constitution. (Ord. O-2001-34 § 4).
9.43.080 Abusing toxic vapors
A. No person shall knowingly smell or inhale the fumes of toxic vapors for the purpose of causing a condition of euphoria, excitement, exhilaration, stupefaction, or dulled senses of the nervous system. No person shall knowingly possess, buy, or use any such substance for the purposes described in this subsection (A), nor shall any person knowingly aid any other person to use any such substance for the purposes described in this subsection (A). This subsection (A) shall not apply to the inhalation of anesthesia or other substances for medical or dental purposes.
B. Any person who knowingly violates the provisions of subsection (A) commits the offense of abusing toxic vapors.
C. For the purposes of this section, the term “toxic vapors” means the following substances or products containing such substances:
1. Alcohols, including methyl, isopropyl, propyl, or butyl;
2. Aliphatic acetates, including ethyl, methyl, propyl, or methyl cellosolve acetate;
5. Carbon tetrachloride;
7. Freons, including freon 11 and freon 12;
9. Methyl ethyl ketone;
10. Methyl isobutyl ketone
14. Trichloroethane; or
D. In a prosecution for a violation of this section, evidence that a container lists one or more of the substances described in subsection (C) of this section as one of its ingredients shall be prima facie evidence that the substance in such container contains toxic vapors and emits the fumes thereof. (Ord. O-2006-21 § 4).
9.44.010 Definitions. As used in this chapter, unless the context otherwise requires
A. “Drug paraphernalia” means all equipment, products, and materials of any kind which are used, intended for use, or designed for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling, or otherwise introducing into the human body a controlled substance in violation of the laws of this state. “Drug paraphernalia” includes, but is not limited to:
1. Testing equipment used, intended for use, or designed for use in identifying or in analyzing the strength, effectiveness, or purity of controlled substances under circumstances in violation of the laws of this state;
2. Scales and balances used, intended for use, or designed for use in weighing or measuring controlled substances;
3. Separation gins and sifters used, intended for use, or designed for use in removing twigs and seeds from or in otherwise cleaning or refining marihuana;
4. Blenders, bowls, containers, spoons, and mixing devices used, intended for use, or designed for use in compounding controlled substances;
5. Capsules, balloons, envelopes, and other containers used, intended for use, or designed for use in packaging small quantities of controlled substances;
6. Containers and other objects used, intended for use, or designed for use in storing or concealing controlled substances; or
7. Objects used, intended for use, or designed for use in ingesting, inhaling, or otherwise introducing marihuana, cocaine, hashish, or hashish oil into the human body, such as:
a. Metal, wooden, acrylic, glass, stone, plastic, or ceramic pipes with or without screens, permanent screens, hashish heads, or punctured metal bowls;
b. Water pipes;
c. Carburetion tubes and devices;
d. Roach clips, meaning objects used to hold burning material, such as a marihuana cigarette that has become too small or too short to be held in the hand;
e. Miniature cocaine spoons and cocaine vials;
f. Chamber pipes;
g. Carburetor pipes;
h. Electric pipes;
i. Air-driven pipes;
k. Bongs; or
l. Ice pipes or chillers.
(Ord. O-97-13 § 4 (part), 1997).
9.44.020 Drug paraphernalia-Determination-Considerations
A. In determining whether an object is drug paraphernalia, a court, in its discretion, may consider, in addition to all other relevant factors, the following:
1. Statements by an owner or by anyone in control of the object concerning its use;
2. The proximity of the object to controlled substances;
3. The existence of any residue of controlled substances on the object;
4. Direct or circumstantial evidence of the knowledge of an owner, or of anyone in control of the object, or evidence that such person reasonably should know that the object could be used to facilitate the use of a controlled substance in violation of state statute;
5. Instructions, oral or written, provided with the object concerning its use;
6. Descriptive materials accompanying the object which explain or depict its use;
7. The existence and scope of legal uses for the object in the community;
8. Expert testimony concerning its use.
B. In the event a case brought pursuant to this chapter is tried before a jury, the court shall hold an evidentiary hearing on issues raised pursuant to this section. Such hearing shall be conducted in camera. (Ord. O-97-13 § 4 (part), 1997).
9.44.030 Possession of drug paraphernalia-Penalty
A person commits unlawful possession of drug paraphernalia if he possesses drug paraphernalia and knows or reasonably should know that the drug paraphernalia could be used under circumstances in violation of state statute. (Ord. O-2006-21 § 5, 2006; Ord. O-97-13 § 4 (part), 1997).
For the purposes of this Chapter, the words and phrases used herein, unless the context otherwise indicates, shall have the following meaning:
“Anal intercourse,” means contact between human beings of the genital organs of one and the anus of another.
“Cunnilingus,” means any act of oral stimulation of the vulva or clitoris.
“Fellatio,” means any act of oral stimulation of the penis.
“Masturbation,” means stimulation of the genital organs by manual or other bodily contact exclusive of sexual intercourse.
“Nude” means the appearance of a human bare buttock, anus, male genitals, female genitals, or female breast.
“Semi-nude” means a state of dress in which clothing covers no more than the genitals, pubic region, or areola of the female breast, as well as portions of the body covered by supporting straps or devices.
“Sexual intercourse” means real or simulated intercourse, whether genital-genital, anal-genital, anal intercourse, cunnilingus, or fellatio, between human beings of the opposite or same sex or with an artificial device. (Ord. O-99-15 § 1, 1999).
9.45.020 Prostitution prohibited
A. Any person who performs, offers, or agrees to perform any act of sexual intercourse, anal intercourse, cunnilingus, fellatio, or masturbation with or in the presence of any person not his or her spouse in exchange for money or other thing of value commits the crime of prostitution.
B. Any person while giving a massage or while appearing nude or semi-nude, who permits or encourages another person not his or her spouse to masturbate in exchange for money or other thing of value commits the crime of prostitution. (Ord.O-2009-9 § 2, 2009; O-2006-21 § 6, 2006; Ord. O-99-15 § 1, 1999).
9.45.030 Soliciting for prostitution
A. Any person who does any of the following commits the crime of soliciting for prostitution:
1. Solicits another for the purpose of prostitution;
2. Arranges or offers to arrange a meeting of persons for the purpose of prostitution;
3. By word, gesture, or action, endeavors or arranges to further the practice of prostitution or to obtain the services of a prostitute; or
4. Directs another to a place knowing such direction is for the purposes of prostitution. (Ord. O-2006-21 § 7, 2006; Ord. O-99-15 § 1, 1999)
Any person who for money or other thing of value knowingly arranges or offers to arrange a situation in which a person may practice prostitution commits the crime of pandering. (Ord. O-2006-21 § 8, 2006; Ord. O-99-15 § 1, 1999).
9.45.050 Keeping a place of prostitution
A. Any person who has or exercises control over the use of any place which offers seclusion or shelter for the practice of prostitution and who performs any one or more of the following commits the crime of keeping a place of prostitution:
1. Knowingly grants or permits the use of such place for the purpose of prostitution; or
2. Permits the continued use of such place for the purpose of prostitution after becoming aware of facts or circumstances from which he should reasonably know that the place is being used for purposes of prostitution. (Ord. O-2006-21 § 9, 2006; Ord. O-99-15 § 1, 1999).
9.45.060 Patronizing a prostitute
A. Any person who offers or agrees to pay money or other thing of value to a person not his spouse in exchange for the performance of an act of sexual intercourse commits the crime of patronizing a prostitute.
B. Any person who enters or remains in a place of prostitution, with intent to engage in an act of sexual intercourse with a person not his spouse, in exchange for the payment of money or other thing of value, commits the crime of patronizing a prostitute. (Ord. O-2006-21 § 10, 2006; Ord. O-99-15 § 1, 1999).
9.45.070 Prostitute making display
Any person who by word, gesture, or action, endeavors to further the practice of prostitution in any public place or within public view commits the crime of prostitute making display. (Ord. O-2006-21 § 11, 2006; Ord. O-99-15 § 1, 1999).
9.45.080 Confiscation of moneys used in prostitution offenses
In addition to any fines, costs, or other penalty that the court may impose, a conviction, plea of guilty, no contest, or the entry of a deferred judgment or sentence to a violation of this Chapter shall result in forfeiture to the seizure fund of the Lakewood Police Department of any monies used in the commission of a violation of this Chapter. (Ord. O-99-15 § 1, 1999).
9.45.090 Violation of probation for prostitution offense
A peace officer may arrest any person placed on probation for a violation of this chapter when that peace officer has probable cause to believe that the conditions of probation or other terms of probation or any other order of the municipal court relating to sentencing of the probationer have been violated. Any probationer who has been arrested under these circumstances shall be brought before the municipal court. Any probationer so arrested shall have all the rights afforded by the provisions of the Lakewood Municipal Code to a person incarcerated before trial on criminal charges and may be admitted to bail pending probation revocation hearing. Alternatively, if facts are presented to the court upon application of the city attorney or the probation division from which it reasonably appears that the conditions of probation for a violation this chapter have been violated by any person on probation, the court shall issue a warrant for the arrest of the probationer for violation of the conditions of probation and require that person to be brought before the court. The probation revocation hearing shall be held in compliance with Section 1.16.020 of the Lakewood Municipal Code. (Ord. O-2006-21 § 12, 2006).