Wheat Ridge Municipal Code Chapter 16 Article IV

Sec. 16-62. Storage vehicles for flammable liquids.

It is unlawful to store or cause to be stored or parked, except for unloading, any vehicle used for the purpose of storing of flammable liquids, gases, explosives or toxicants, upon any streets or ways or avenues of the city or any other part of the city, except those areas zoned for such uses.

(Code 1977, § 14-33)

Sec. 16-63. Contamination of water.

It is unlawful for any person to throw or deposit or cause or permit to be thrown or deposited in any stream, storm or sanitary sewer, ditch, pond, well, cistern, trough or other body of water, whether artificially or naturally created, or so near thereto as to be liable to pollute the water thereof, any offal composed of animal or vegetable substance or both, any dead animal, sewage, excrement or garbage, trash or debris, any waste fuel, oil or other petroleum-based product, paint, chemical, whether liquid or solid, scrap construction material or any other materials that may cause the water to become contaminated.

(Code 1977, § 14-40)

Sec. 16-64. Protection of wildlife.

(a) Shooting, capturing, etc., prohibited. Except as otherwise provided in this section, it is unlawful to willfully shoot, capture, harass, injure or destroy any wild bird or animal or to attempt to shoot, capture, harass, injure or destroy any such wild bird or animal anywhere within this city.

(b) Disturbing, etc., nests, burrows, etc., prohibited. No person shall willfully destroy, rob or disturb the nest, nesting place, burrow, eggs or young of any wild bird or animal anywhere within this city.

(c) Terms defined. In this section:

(1) Wild bird includes all undomesticated birds native to North America and undomesticated game birds implanted in North America by governmental agencies and any domestic duck or goose released by any private person or recreational authority upon any recreational area within this city.

(2) Wild animal includes any animal native to the state, but does not include rattlesnakes, fish, Norway rats or common house mice.

(3) Humane trap includes any trap which does not cause physical injury, pain or suffering of a trapped animal. Steel-jaw leg hold traps and snares are specifically excluded from this definition, but the city shall not be precluded from determining that any other type of trap is also excluded from this definition.

(4) Causing damage on land, as provided herein, shall mean physical injury to buildings or improvements or destruction or injury of domestic animals or pets lawfully kept thereon.

(d) Application to city and state employees. The provisions of this section shall apply to the personnel of any police, fire or animal control agency or to the state division of wildlife or department of health or other state or federal agency, and all City of Wheat Ridge employees when such persons are acting within the scope of their official duties as employees of such agencies.

(e) State-protected birds and animals. The provisions of this section are not intended to allow the destruction of any bird or animal protected by state or federal law.

(f) When trapping permitted. If any wild bird or animal is causing damage on lands within the city owned or leased by any person, such person or any member of his family, or his agent, may trap such wild bird or animal, subject to the provisions of this section.

(g) Provisions for trapping. Trapping of animals shall follow the provisions set out below:

(1) When deemed necessary by police officers or the community service officer for the health, safety and welfare of the residents of the city, such officers and/or their agents may place a humane trap on city property or other property within the city when the property owner requests such humane trap for the purpose of capturing any wild or pet animal creating a nuisance in the city. Provided, however, that no trap of any kind shall be set upon any property without notification to and/or permission from the owner of such property.

(2) Any person who traps an animal pursuant to the provisions of this section shall immediately notify police department of such trapping. The police department shall have the exclusive right and authority to determine the disposition of any such trapped animal.

(3) Community service officers are authorized to use any tranquilizer guns, firearms, humane traps or other suitable devices to subdue or destroy any animal that is deemed by the community service officer, in his discretion, to be a danger to itself or to the public health and safety.

(4) It shall be unlawful for any person to set or cause to be set within the city any steel-jaw leg-hold trap, snare or any trap other than a humane trap, for the purpose of capturing any animal, whether wild or domestic.

(h) It is unlawful to feed fox and coyote.

(Code 1977, § 14-41; Ord. No. 1993-923, §§ 1, 2, 4-12-93; Ord. No. 1994-961, §§ 1—4, 4-25-94; Ord. No. 1329, § 2, 7-26-04; Ord. No. 1373, § 1, 10-10-06)

Sec. 16-65. Physicians to report certain injuries.

Every physician in the city who attends or treats a bullet wound, a gunshot wound, a powder burn, or any other injury arising from the discharge of a firearm, or an injury caused by a knife, an ice pick, or any other sharp or pointed instrument which he believes to have been intentionally inflicted upon a person, or any other injury which he has reason to believe involves a criminal act to report such injury at once to the city police.

(Code 1977, § 14-27)

Sec. 16-66. Towing vehicles; soliciting towing business.

(a)It is unlawful for any person 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 such vehicle to be stopped or parked at or near the scene of any traffic accident, when such tow truck or vehicle has not been called to the scene by the owner or operator of a damaged vehicle or by the owner of the property required to be towed from the scene or by the owner's authorized agent or insurance carrier or by a police officer of the city or other peace officer attending the scene.

(b)It is unlawful for any person to solicit any other person 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.

(Code 1977, § 14-26)

Sec. 16-67. Obstructing streets and sidewalks.

It is unlawful for any person to willfully, maliciously or recklessly place in any doorway or driveway not owned by him or under his lawful control or on any sidewalk, public highway, street or alley in the city any object which causes or tends to cause the obstruction thereof or of any part thereof.

(Code 1977, § 14-54)

Sec. 16-81. Definitions.

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

Blackjack means any billy, sandclub, sandbag, sap 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, a strap or springy shaft which increases the force of impact; or any device or article consisting of two (2) or more separate portions, linked together by a chain, strap or other fastener, which configuration is designed to increase the striking force or impact of the device or article.

Concealment means the deliberate hiding of a weapon upon or near the person with the intent to avoid the lawful detection thereof. It shall be evidence of concealment that the weapon is hidden so as to make it immediately available for use in the fashion in which the weapon is designed to be used.

Crossbow means any device resembling a rifle or handgun in configuration, having a bow or similar device mounted perpendicularly to a stock, grip or frame, and usually equipped with a winch or similar device which draws back the bowstring and cocks the weapon and which fires an arrow, bolt, quarrel, stone or similar shaft from a groove or depression in the stock, grip or frame by the manipulation of a trigger or similar mechanism.

Firearm means any pistol, revolver, self-loading pistol, rifle, shotgun or any other device designed to shoot, project, throw or hurl a projectile or projectiles by means of the explosion of gunpowder or other explosive substance.

Gravity knife means any knife the blade of which is released from the handle or sheath thereof by the force of gravity or the application of centrifugal force and which blade, upon release, becomes locked in place by means of a button, spring, plate, level or other device.

Knife means any dagger, knife, bayonet, straightrazor, dirk, machete, stiletto, sword or swordcane with a blade over three and one-half (3½) inches in length, or any other dangerous instrument designed to inflict cutting, stabbing or tearing wounds; but, as used in this section, does not include a knife or hatchet of the type customarily used in hunting, fishing or camping when such is being carried for sporting use; and does not include any instruments being used in pursuance of a lawful home use, trade, occupation or profession or otherwise being lawful under federal or state statutes, or being used as an item of display or a collector's item in any home or place of business.

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

(Code 1977, § 14-57)

Sec. 16-82. Confiscation and disposition.

It shall be the duty of every police officer or agent, upon making any arrest and seizing a weapon carried or used in violation of any provisions of this division, to keep and place such weapon in such place of safekeeping as may be directed by the chief of police, until the final determination of the prosecution for any offense in the prosecution of which such weapon may be evidence. Upon entry of a final judgment of guilt, the chief of police or his designee shall make such disposition of such weapon as may be ordered by the municipal court or other court having jurisdiction, and in the absence of such order, such disposition shall be as provided by chapter 19, article IV or by law.

(Code 1977, § 14-62)

Sec. 16-83. Carrying concealed deadly weapons.

(a) It is unlawful for any person to knowingly carry a knife or firearm concealed on or about his person; provided, that this chapter shall not apply to persons in their own domiciles or places of business or on property owned or under their control at the time of the act of carrying, or to persons in private automobiles or other private means of conveyance who are carrying such a weapon for the lawful protection of their or another's person or property or for any other legal purpose.

(b) Nothing in this section shall apply to peace officers or members of the Armed Forces of the United States or Colorado National Guard acting in the lawful discharge of their duties.

(c) Nothing in this section shall apply to persons who possess a valid permit or license to conceal such weapon or weapons, which license or permit was duly issued pursuant to applicable state or federal law.

(Code 1977, § 14-58)

Sec. 16-84. Carrying, etc., illegal weapons.

(a) It is unlawful for any person to knowingly carry, conceal or cause to be concealed in any vehicle or to use any blackjack, gravity knife, multifixed bladed stellate throwing knife, switchblade knife or brass or metallic knuckles.

(b) Nothing in this section shall apply to peace officers or to members of the Armed Forces of the United States or the Colorado National Guard acting in the lawful discharge of their duties.

(Code 1977, § 14-59)

Sec. 16-85. Discharging firearms.

It is unlawful for any person other than a peace officer or a member of the Armed Forces of the United States or the Colorado National Guard acting in lawful discharge of his duties, to discharge or cause to be discharged any firearm within or into the limits of the city; provided, that this section shall not apply to persons discharging firearms in shooting galleries or at shooting ranges, where such firearms may be discharged so as not to endanger persons or property and the projectiles from such firearms are prevented from traversing any grounds or space outside the limits of such gallery or range, or to the discharge of a firearm in lawful defense of person or property.

(Code 1977, § 14-60)

Sec. 16-86. Brandishing, etc., deadly weapons.

(a) It is unlawful for any person to display, brandish or flourish a deadly weapon in a public place in a manner calculated to alarm or for any person to intentionally and without lawful excuse, justification or purpose, aim or point a firearm at another person; provided, that the provisions of this section shall not apply to any situation that constitutes a felony under state law.

(b) In this section “deadly weapon” includes firearms, knives, hatchets and dangerous clubs.

(c) Nothing in this section shall apply to peace officers or members of the Colorado National Guard or armed forces of the United States acting in lawful discharge of their duties.

(Code 1977, § 14-61)

Sec. 16-87. Carrying, etc., where intoxicants are sold.

(a) It is unlawful for any person to carry, conceal or display any dangerous or deadly weapon while such person is on the premises of any establishment where malt, vinous or spirituous liquors are sold for consumption on the premises.

(b) The provisions of this section shall not apply to peace officers or any other person duly licensed or authorized under applicable state or federal law to carry such weapon concealed, nor to persons carrying such weapons in their place of business or having control of the premises at the time of the act of carrying.

(Code 1977, § 14-63)

Sec. 16-88. Missiles.

It is unlawful for any person to willfully, maliciously or recklessly throw, shoot or project any stone, arrow, pellet, dart, ball bearing, or other dangerous missile at or against the person, animal, building, structure, personal property, fixture or vehicle of another; except, that the provisions of the section shall not apply to a person throwing, projecting or shooting any such dangerous missile at any animal in order to protect his person or property or the person or property of another from physical injury.

(Code 1977, § 14-64; Ord. No. 1998-1131, § 1, 9-14-98)

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