III. Offenses Against Public Health and Safety

Chapter 9.26 - Abandoned Containers
9.26.010 Regulations generally
A. It is unlawful for any person to discard, abandon or leave in any place accessible to children any refrigerator, icebox, deep-freeze locker, stove, oven, trunk or any self-latching container having a capacity of one and one-half cubic feet or more, which is no longer in use, and which has not had the door removed or the hinges and such portion of the latch mechanism removed to prevent latching or locking of the door, or for any owner, lessee or manager to knowingly permit such a refrigerator, icebox, deep-freeze locker, stove, oven, trunk or self-latching container to remain on premises under his control without having the door removed or the hinges and such portion of the latch mechanism removed to prevent latching or locking of the door.
B. The provisions of this section shall not apply to any vendor or seller of refrigerators, iceboxes, deep-freeze lockers, stoves, ovens, trunks or self-latching containers, who keeps or stores them for sale purposes in a showroom or salesroom ordinarily watched or attended by sales personnel during business hours, and locked to prevent entry when not open for business, or if such vendor or seller takes reasonable precaution to effectively secure the door of any such refrigerator, icebox, deep-freeze locker, stove, oven, trunk or self-latching container so as to prevent entrance by children small enough to fit therein. (Ord. O-94-33 § 13, 1994; Ord. O-74-1 § 1 (part), 1974).


Chapter 9.28 - Flammable Liquids
9.28.010 Storage or parking of tank vehicles
It is unlawful to store or cause to be stored or parked, except for loading and unloading, any vehicle used for the purpose of transporting 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. (Ord. O-94-33 § 14, 1994; Ord. O-74-1 § 1 (part), 1974).

Chapter 9.30 - Littering and Dumping
9.30.010 Dumping on private or public property
A. It is unlawful to place, deposit or dump, or cause to be placed, deposited or dumped, any offal composed of animal or vegetable substance, any dead animal, excrement, garbage, sewage, trash, debris, rocks or dirt, scrap construction materials, nails, mud, snow or ice, waste fuel, oil or other petroleum-based products, paint, chemicals or other waste, whether liquid or solid, or dangerous materials that may cause a traffic hazard in or upon any public or private highway or road, including the right-of-way thereof, or to place, deposit or dump such materials in or upon any private property without consent of the owner or in or upon any public grounds, save and except public property designated or set aside for such purposes. Such dumping upon any private property not zoned or designated by a visible sign or signs for dumping purposes shall be prima facie evidence of the lack of consent to such dumping by the owner of such property.
B. It is an affirmative defense to any charges brought under this chapter that the owner of the property upon which the waste material is placed has given his consent to the placement, depositing or dumping, provided that the placement, depositing or dumping is not in violation of any other ordinance of this city.
C. The Environmental Manager shall have the nonexclusive power and authority to enforce the provisions of this section. The Environmental Manager shall be considered a peace officer within the meaning of Section 1.04.010 of this code for purposes of enforcing this section. (Ord. O-2002-10 § 2, 2002; Ord. O-93-52 § 3, 1993; Ord. O-87-27 § 3, 1987; Ord. O-74-1 § 1 (part), 1974).

9.30.020 Vehicles causing litter
A. It is unlawful for any person to drive or move any truck or other vehicle within this city, unless such vehicle is loaded or covered so as to prevent any load, contents or litter from being blown or deposited upon any street, alley or other public place.
B. Garbage Transport Vehicles. It is unlawful for any person to operate or cause to be operated on any highway or public way in the city any truck or vehicle transporting manure, garbage, trash, swill or offal unless such truck or vehicle is fitted with a container thereon so that no portion of such matter will be thrown or fall upon the highway or public way. (Ord. O-94-33 § 15, 1994; Ord. O-74-1 § 1 (part), 1974).


9.30.030 Storage of trash or garbage
Persons storing or placing trash, garbage, scrap construction materials, refuse, debris or waste of any nature whatsoever in any receptacle shall do so in such a manner as to prevent the trash, garbage, scrap construction materials, refuse, debris or waste from being carried or deposited by the elements upon any street, sidewalk or other public place or upon private property. (Ord. O-74-1 § 1 (part), 1974).

9.30.050 Construction materials covered or secured
No person shall keep or store any construction materials unless such materials are covered or secured or in some manner protected so as to prevent such materials from being blown, scattered about or otherwise moved by wind, water or other natural causes. (Ord. O-74-1 § 1 (part), 1974).


9.30.040 Unlawful storage on public property
A. It is unlawful for any person to place, maintain, or store any materials, structure, shelter, enclosure, or other personal property on public property for a period of twenty-four (24) hours or more that is owned or used by the City including undeveloped land. This section shall not apply to any City property that is regulated pursuant to Chapter 9.32 of the Lakewood Municipal Code.
B. For the purposes of this section, the term “shelter” includes, without limitation, any tent, tarpaulin, lean-to, sleeping bag, bedroll, blankets, or any form of cover or protection from the elements other than clothing.
(Ord. O-2013-16 § 3, 2013).

Chapter 9.31 - Snow Removal
9.31.010 Snow removal
The owner, agent, lessee, tenant, or occupant of any property within the city shall remove all snow and ice as is reasonably possible from all public sidewalks and bikeways adjacent to their property no later than twenty-four hours following the last accretion of such snow or ice. (Ord. O-87-1 § 1 (part), 1987).

9.31.020 Snow or ice deposited
It is unlawful for any person to deposit or cause to be deposited any snow or ice onto a public street, roadway, sidewalk, walkway, bikeway, or any designated emergency access lane, or against any fire hydrant, official traffic control device or appurtenance. (Ord. O-94-33 § 17, 1994; Ord. O-87-1 § 1 (part), 1987).

9.31.030 Notification
The person or entity listed as the owner of the property with the Clerk and Recorder of Jefferson County is the owner for purposes of service of a summons by certified mail. In lieu of service on the owner by certified mail, the city may personally serve the owner, agent, lessee, tenant, or occupant of the property. (Ord. O-87-1 § 1 (part), 1987).

9.31.040 Enforcement
The police agents of the Police Department and the personnel of the Department of Public Works shall have all necessary power and authority to enforce this chapter pertaining to snow removal. (Ord. O-94-33 § 18, 1994; Ord. O-91-59 § 17, 1991; Ord. O-87-1 § 1 (part), 1987).

9.31.050 Penalty
It is unlawful for any person to violate any of the provisions of this chapter. The penalty for violation of any provision of this chapter is a fine not less than twenty-five dollars and no more than three hundred dollars. Each day of a continuing violation shall be deemed to be a separate violation. (Ord. O-87-1 § 1 (part), 1987).


Chapter 9.32 - Parks and Recreation
9.32.010 Definitions
For the purpose of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section unless the text clearly indicates to the contrary:
“City Manager” means the City Manager of the City of Lakewood or his designee.
“Community center” means a building or other structure, plus associated site improvements such as parking lots and drive aisles, open to the general public that provides services to the community, including but not limited to child care centers, which is City-owned or used by the City, including the Lakewood Civic Center as defined herein.
“Department” means the “Department of Community Resources” of the city.
“Director” means the “Director of the Department of Community Resources” of the city, or his designee.
“Group activities” means organized group use or activity, including, but not limited to, company picnics, athletic events, theatrical events, group meetings, and similar events, in which such group uses park areas, pavilions, athletic fields and buildings pursuant to reservations scheduled with the Director or his designee.
“Lakewood Civic Center” means that area generally described as the Lakewood Municipal Buildings and open public areas located at the Lakewood City Commons, including the buildings known as the Lakewood Cultural Center and Civic Center North located at 470 South Allison Parkway, Civic Center South located at 480 South Allison Parkway, the Regional Transportation District Transfer Station located at 490 South Allison Parkway, the Lakewood Public Safety Center located at 445 and 447 South Allison Parkway, the two parking structures, the plaza, the Firefighters Memorial, the Civic Center's sidewalks, streets, parking areas and open public areas, and the Jefferson County Library's sidewalks, open public areas and external walls, as all are shown on exhibit A which is on file in the City Clerk's office.
“Motorboat” means any vessel propelled by machinery, whether or not such machinery is the principal source of propulsion.
“Nonrecreational activities” means any use or activity not normally associated with the use of park or recreation facilities for amusement or educational purposes. Nonrecreational activities include, but are not limited to, trapping, commercial activities, surveying, construction, excavation, installation of utilities, and any activity associated with a disturbance, whether temporary or permanent, of the surface of the land in any park, or any activity with an adverse effect which could endanger or impact the environment and wildlife in any park or recreation facility.
“Operate” means to navigate or otherwise use a vessel.
“Owner” means a person who claims lawful possession of a vessel by virtue of legal title or an equitable interest which entitles him to such possession.
“Park” means a park, reservation, playground, beach, recreation area, bikeway, trail, greenbelt, or other area in the City, owned or used by the City and devoted to active or passive recreation, including developed and undeveloped land and, for purposes of this Chapter 9.32 only and the regulations contained therein, the plaza and open public areas of Lakewood Civic Center.
“Park ranger” means any employee of the Department of Community Resources empowered by the City to enforce the provisions of this chapter and any provisions of Title 6 and Title 9 which pertain to wildlife.
“Person” means any individual or group of individuals, partnership, association, corporation, governmental entity or quasi-governmental entity, or the agent, manager, lessee, servant, officer or employee of any of them, except employees of the City of Lakewood and those acting under contract with the City of Lakewood, acting in their official capacity.
“Recreation facility" means a building, swimming pool, or other structure, plus associated site improvements such as parking lots and drive aisles, devoted to recreation which is city owned or used by the city.
“Sailboat” means any vessel propelled by the effect of wind on a sail. For the purposes of this chapter, any vessel propelled by both sail and machinery of any sort shall be deemed a motorboat, when being propelled by said machinery.
“Vessel” means every description of watercraft used or capable of being used as a means of transportation of persons and property on the water, other than single-chambered air-inflated devices or seaplanes. (Ord. O-2009-37 § 1,2, 2009; Ord. O-2000-15 § 1, 2000; Ord. O-97-31 § 1, 1997; Ord. O-94-33 § 19, 1994; Ord. O-92-25 § 1&6, 1992; Ord. O-89-3 § 4 (part), 1989; Ord. O-86-38 § 1, 1986; Ord. O-83-2 § 1 (part), 1983).


9.32.020 Authority
A. The Director shall have the nonexclusive authority to promulgate rules and regulations for the proper management, operation, and control of city parks, community centers, and recreation facilities within the city. The role of the Department of Community Resources is to provide programs, services, and facilities for the recreational enjoyment, social benefit, and cultural enrichment of the community. The purpose of the rules and regulations is to allow all patrons of city parks, community centers, and recreation facilities within the city to use the facilities in a safe and reasonable manner during the regularly scheduled hours. Copies of the rules and regulations shall be on file in the City Clerk's office and available for public inspection during regular business hours.
B. The City Manager shall have nonexclusive authority to enforce the rules and regulations promulgated by the Director for the proper management, operation and control of City parks, open public areas, community centers, and recreation facilities within the City and all ordinances adopted by the City Council which affect or are applicable within City parks, open public areas and recreation facilities. The City Manager shall have nonexclusive authority to institute proceedings in the municipal court for the City against any person who violates any provision of Chapters 9.32, 9.33, 9.34, or 9.36 of this Code. The City Manager shall have exclusive authority to institute Exclusion Procedures against any person, including a child under the age of ten, who violates any rule or regulation or any provision of the Lakewood Municipal Code or any state statute, while within any City park, open public area, community center, or recreational facility.
C. The Director shall have the power and authority to prohibit the possession and/or consumption of fermented malt beverages or malt liquors, in any park within the city in which community events are scheduled to take place for the period of said events, except for any designated area in which fermented malt beverages or malt liquors may be sold due to the issuance of a special events permit or license by the Lakewood Liquor and Fermented Malt Beverage Licensing Authority. In the event the Director prohibits the possession and/or consumption of fermented malt beverages or malt liquors in a park in which a community event is conducted, the park shall be posted with signs which give notice to the public of the fact that such possession and/or consumption is prohibited and the dates and times during which such restriction is in effect.
D. The Director shall have the power and authority to prohibit the possession and/or consumption of fermented malt beverages and/or malt liquors in any park within the City in which the Director deems it appropriate based upon the deleterious effect on the recreational enjoyment of the park caused by persons becoming publicly intoxicated in the park. In the event the Director prohibits the possession and/or consumption of fermented malt beverages and/or malt liquors in a park, the park shall be posted with signs which provide notice to the public of the fact that such possession and/or consumption is prohibited. The Director may allow any person who has obtained a permit for a group activity pursuant to Section 9.32.030 to possess and/or consume any fermented malt beverages and/or malt liquors in compliance with the terms of said permit. (Ord. O-2009-37 § 3, 2009; Ord. O-2000-15 § 2, 2000; Ord. O-97-31 § 2, 1997; Ord. O-92-25 § 7, 1992; Ord. O-89-3 § 4 (part), 1989; Ord. O-87-50 § 1, 1987; Ord. O-86-38 § 2, 1986; Ord. O-83-2 § 1 (part), 1983).

9.32.030 Permits and use agreements
I. It is the intent of this Section 9.32.030 to provide for a procedure for the public to utilize certain meeting rooms within City buildings by entering into a use agreement with the City, to reserve portions of City parks for recreational activities by applying for a permit from the City, and to engage in outdoor meetings and rallies by applying for a permit from the City. This Section shall not apply to official functions of the City of Lakewood.
A. Use agreements will be required from the City Manager for the exclusive use or rental or other occupation of any interior room or space or associated outside space of any park, community center or recreation facility of the City. The purpose of the use agreement is for the rental or use or other occupation of rooms or outside spaces associated therewith for meetings, receptions, classes, community events, large gatherings and similar activities.
B. Permits will be required from the City Manager for the following:
1. Except for the uses set forth in Paragraph A above, any person engaging in any group activity who requests a reservation for a specific area of any park or open public area of the City.
2. Except for the uses set forth in Paragraph A above, any person engaging in any nonrecreational or commercial activity in a park, except that permits for parades, rallies and outdoor meetings for purposes of expressive activity on park property shall be governed by Part II of this Section.
3. Any person engaging in organized community events in a park, open public area, community center, or recreation facility such as festivals, celebrations, or organized walking, or running events.
4. Any person operating a commercial horse-drawn carriage in any park or recreation area within the City, except on designated park roads in Bear Creek Lake Park.
C. Permit applications shall be filed on application forms provided by the City Manager. Permit applications must be complete in all respects to be accepted for filing. An application may be denied if the City Manager finds that there is insufficient time to make the findings described in subsection (F) of this section from the date of the filing of the application until the date of the activity which would be authorized pursuant to the permit. In the absence of extraordinary circumstances, as determined by the City Manager, fifteen (15) days will be sufficient to make such findings.
D. The City Manager may promulgate and publish criteria for obtaining a permit to engage in group or nonrecreational activities. The primary purpose of parks is to provide areas for the residents of the City and the general public to engage in recreational activities and temporarily exchange the urban environment for a more natural one. Therefore, the City Manager's primary consideration in issuing or denying a permit to use a park or public open space shall be to consider the safety and rights of citizens who use such areas, and to protect and preserve such areas for recreational use by the citizens of the City and the general public.
E. The City Manager shall review written permit applications and determine whether to issue such permits relating to any group or nonrecreational use or accommodation of any park, community center, or recreation facility. The City Manager shall establish the conditions for the issuance of any permit, including such reasonable conditions as are necessary and proper to preserve the park, community center, or recreation facility including but not limited to requiring proper insurance coverage be obtained by an applicant. The Director may impose a reasonable fee to process the application and impose reasonable fees for group or nonrecreational use of the park, community center, or recreation facility.
F. The City Manager shall issue a permit when he finds:
1. That the proposed activity or use of the park, open public area, community center, or recreation facility will not unreasonably interfere with or detract from the general public enjoyment of such areas and is not inconsistent with the primary purpose of those properties;
2. That the proposed activity and use will not unreasonably interfere with or detract from the promotion of the public health, welfare, and safety;
3. That the proposed activity or use is not reasonably anticipated to incite violence, crime, violation of municipal ordinances, or disorderly conduct;
4. That the proposed activity will not entail unusual, extraordinary or burdensome expense to the City;
5. That the proposed activity will not violate any conditions of the City's ownership, occupancy or lease of the site;
6. That the proposed activity will not unreasonably endanger or impact the improvements, environment or wildlife on the site;
7. That the desired property has not been previously reserved for use at the day and hour requested in the application.
G. The City Manager may establish such reasonable conditions as he deems necessary to ensure compliance with standards for issuance established in subsection F. of this section, including a requirement for the posting of a bond or guarantee in a form acceptable to the City Manager and in an amount sufficient to ensure restoration of the site to its existing condition or to remedy any other unacceptable impact upon the environment, wildlife, or structures.
H. Any permit issued shall describe both the location and the date(s) and time(s) when it is valid, the nature of the activity permitted, and any conditions imposed upon the issuance of the permit.
I. The City Manager shall have the power and authority to revoke any permit for any violation of the conditions of the permit as well as for any violation of the ordinances or rules and regulations governing use of the site. In the event a permit is revoked, no portion of the permit fees shall be refunded to the permit holder.
J. The City Manager shall respond, in writing, to a written permit application within fifteen (15) days after receipt of all information necessary to make a determination. The City manager shall notify the applicant whether the permit has been granted or denied, and if denied, the reasons for the denial.
K. The City Manager may grant the permit, with or without conditions, deny the permit, or uphold the revocation of the permit. If the permit is denied or the revocation of the permit is upheld, the City Manager shall notify the applicant of the specific grounds for the denial or revocation. If the permit is issued subject to certain conditions, the permit shall state the conditions imposed. The decision of the City Manager shall be final.
L. The person or persons to whom a permit is issued shall be liable for any loss, damage or injury to any park property, community center, or recreation facility and for any personal injury or property damage sustained by any person as a result of the negligence of such person or persons or an agent or employee thereof, and shall indemnify the City for any liability it may incur as a result of such negligence.
II. Outdoor Meeting on Public Property.
A. Permit required. It shall be unlawful to hold any outdoor rally, meeting, demonstration, or gathering for the purpose of expressive activity in a City park or open public area, or conduct a processional parade, unless a permit for such event has been issued by the Director, as stated in this subsection. The permit shall be granted if it is found that the proposed use will not violate any laws, ordinances, rules, or regulations, and will not endanger public health.
1. Application for use of a City park or open public area for a rally, meeting, or other expressive activity shall be made to the Director at least seven days prior to the event, with a copy sent to the police department, and shall contain the following information:
a. A description of the event;
b. The day, hour, and length of the event;
c. Location of the event;
d. A reasonable and good-faith approximation of the number of persons expected to attend the event;
e. The name, address, and telephone number of the person conducting the event;
f. If the rally, meeting, or other expressive activity is proposed to be conducted for, on behalf of, or by an organization, the name, address, and telephone number of the headquarters of the organization and of the authorized and responsible heads of such organization.
B. Proposed alternatives. In lieu of denial of a permit, the Director may propose alternative locations, times, routes, or other conditions. The applicant can either accept the Director's changes or submit a new application that does comply with the issues raised by the Director.
C. Permit issuance. Upon compliance with this section II, a permit shall be issued by the Director. (Ord. O-2009-37 § 4, 2009; Ord. O-2000-15 § 3, 2000; Ord. O-97-31 § 3, 1997; Ord. O-94-51 § 1, 1994; Ord. O-94-33 § 20 & 21, 1994; Ord. O-92-25 § 8, 1992; Ord. O-86-38 § 3, 1986; Ord. O-83-2 § 1 (part), 1983).

9.32.040 Applicability
This chapter shall apply throughout the parks, community centers, and recreational facilities of the municipality of Lakewood, Colorado. (Ord. O-97-31 § 4, 1997; Ord. O-92-25 § 9, 1992; Ord. O-83-2 § 1 (part), 1983).

9.32.050 Open carrying of a firearm prohibited parks, community centers, and recreational facilities
A. The open carrying or wearing of a firearm within or upon the grounds of any community center, recreational facility, the Lakewood Civic Center, City park, City trail, or City open space including any City owned, operated, or leased building or property is unlawful when said City building or City property is posted with a sign at the entrance to any City building or City property informing persons that the open carrying of a firearm is prohibited in such building or area.
B. Nothing in this section shall be construed to prohibit the following:
1. A peace officer from openly carrying or wearing a firearm as shall be necessary in the proper discharge of his or her duties;
2. An employee of any armored car service agency providing money transport services pursuant to a contractual arrangement with the City from openly carrying or wearing a firearm as may be necessary in the proper discharge of his duties so long as the employee has been duly authorized by his employer to carry firearms and the employee is acting within the course and scope of his or her employment at the time the firearms are being carried or worn;
3. A person from openly carrying or wearing a firearm while upon the grounds of the Rooney Valley Law Enforcement Training Facility who is acting in compliance with the rules and regulations of the shooting range facility; or
4. A person from openly carrying or wearing a firearm when authorized by the Director to do so for the purpose of presenting a public demonstration or exhibition or for the purpose of participating in an athletic event.
C. Possession of a valid concealed handgun permit shall not constitute a defense to a charge of open carrying of a firearm in violation of this section.
D. "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. (Ord. O-2009-37 § 5, 2009; Ord. O-2000-44 § 1, 2000; Ord. O-97-31 § 5, 1997; Ord. O-92-25 § 10, 1992; Ord. O-86-38 § 4, 1986; Ord. O-83-2 § 1 (part), 1983).


9.32.070 Hours of use
It is unlawful to enter or be in any park, community center, or recreational facility when it has been declared closed to the public by the Director. Parks shall normally be open daily during the hours posted on signs located at each entrance to the park area, except for activities and events sponsored by the Director or authorized by the Director. In the event the park is not posted with signs identifying specific open hours, the park shall be closed daily from ten p.m. to five a.m. The Director may declare any park closed at any time and for any interval of time as necessary to protect the public safety or to ensure proper management of the park, community center, or recreational facility. (Ord. O-2009-37 § 6, 2009; Ord. O-97-31 § 6, 1997; Ord. O-92-25 § 11, 1992; Ord. O-87-27 § 4, 1987; Ord. O-86-38 § 6, 1986; Ord. O-83-2 § 1 (part), 1983).

9.32.075 Interference with the Director or a Park Ranger unlawful
A person commits interference with the Director, a park ranger, or any other city employee or official in the discharge of his official duties under this chapter when by using or threatening to use violence, force, physical inference, or obstacle, such person knowingly obstructs, impairs, hinder, or interferes with the discharge or attempted discharge by said city employee or official of an official duty while acting under color of his official authority. (Ord. O-2009-37 § 7, 2009).

9.32.080 Disobeying the lawful and reasonable order of the Director or a Park Ranger
It is unlawful for any person to knowingly disobey the lawful or reasonable order of the Director or a park ranger given pursuant to the lawful discharge of the official duties of such person. (Ord. O-2009-37 § 8, 2009; Ord. O-92-25 § 2, 1992; Ord. O-83-2 § 1 (part), 1983).

9.32.085 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 the Director or a park ranger when said city employee, 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 suspicion to believe that a crime or traffic violation is being or has been committed. (Ord. O-2009-37 § 9, 2009).

9.32.090 Alcoholic beverages prohibited
It is unlawful to possess and/or consume any alcoholic beverage or alcoholic liquor, as defined in the Colorado Liquor Code, Section 12-47-103, C.R.S., except as provided for in Section 9.32.100 of this Chapter, in any park, community center, or recreation facility within the City of Lakewood; except such possession and/or consumption shall be lawful:
A. At Fox Hollow at Lakewood Golf Course or Homestead Golf Course provided such premises are licensed for sale and consumption of alcoholic beverages or liquors pursuant to the Colorado Liquor Code, C.R.S. Section 12-47-101 et seq., or upon premises for which a special events permit has been issued pursuant to C.R.S. Section 12-48-101 et seq. provided the Director or his designee has approved use of the premises for such purpose.
B. Upon portions of a park, community center, or recreation facility rented for a private event and restricted to persons invited to attend the event, provided the Director or his designee has authorized the consumption of alcoholic beverages or liquor upon the rented premises, no sale of alcoholic beverages or liquors occurs, and no person under the age of twenty-one years consumes any alcoholic beverage or liquor.
C. Within or upon those portions of a park, community center, or recreation facility for which the premises have been lawfully licensed for the sale and consumption of fermented malt beverages and alcoholic beverages. (Ord. O-2009-37 § 10, 2009; Ord. O-2000-15 § 4, 2000; Ord. O-97-31 § 7, 1997; Ord. O-92-25 § 13, 1992; Ord. O-87-50 § 2, 1987; Ord. O-83-2 § 1 (part), 1983).

9.32.100 Fermented malt beverage and malt liquors regulations
A. The possession and/or consumption of fermented malt beverages or malt liquors is permitted in any park within the city so long as said fermented malt beverages or malt liquors have been purchased in a manner authorized and are being consumed by persons permitted by applicable state law. It is unlawful to sell any fermented malt beverages or malt liquors within any park within the city unless said sales are made pursuant to a license or permit granted by the Lakewood Liquor and Fermented Malt Beverages Licensing Authority and unless said sales are made in accordance with the applicable provisions of the Colorado Beer Code, C.R.S. 12-46-101, et seq., the Colorado Liquor Code, C.R.S. 12-47-101, et seq. and a permit has been obtained from the Director in accordance with Section 9.32.030 of this Chapter. This subsection shall not apply to any situation which constitutes a violation of subsection (B) of this section.
B. It is unlawful to possess and/or consume any fermented malt beverages or malt liquors in any park within the city during scheduled community events if the Director has prohibited such possession and/or consumption in accordance with Section 9.32.020(C) of this chapter.
C. It is unlawful to possess and/or consume any fermented malt beverages and/or malt liquors in any park within the City when the Director has prohibited such possession and/or consumption in accordance with Section 9.32.020 (D) of this chapter. The park shall be posted with signs which provide notice to the public of the fact that such possession and/or consumption is prohibited. Any person engaging in any group activity for which a permit has been issued pursuant to Section 9.32.030 may possess and/or consume any fermented malt beverages and/or malt liquors in compliance with the terms of said permit.
D. It is lawful to possess and/or consume fermented malt beverages and alcoholic beverages within or upon those portions of a park, community center, or recreational facility for which the premises have been lawfully licensed for the sale and consumption of fermented malt beverages and alcoholic beverages. (Ord.. O-2009-37 § 11, 2009; Ord. O-2000-15 § 5, 2000; Ord. O-97-31 § 8, 1997; Ord. O-92-25 § 14, 1992; Ord. O-87-50 § 3, 1987; Ord. O-83-2 § 1 (part), 1983).

9.32.110 Open fires prohibited
A. Open fires shall be unlawful except in designated areas.
B. It is unlawful to allow a fire to burn in a careless manner, to leave any fire unattended, or to fail to completely extinguish any fire on park lands.
C. When the City Manager or designee declares fire restrictions or a fire ban, notice shall be published on the City of Lakewood website, and signs shall be posted at applicable park entrances and any other such public venue as deemed necessary and effective. (Ord. O-2013-12 § 1, 2013; Ord. O-97-31 § 9, 1997; Ord. O-92-25 § 15 & 16, 1992; Ord. O-83-2 § 1 (part), 1983).

9.32.120 Commercial activity prohibited
It is unlawful to conduct any commercial activity or sell or offer for sale any service, product or activity for which a fee is charged, or to advertise in or on any park, community center, or recreation facility, except where such activity is authorized in writing by the Director. (Ord. O-97-31 § 10, 1997; Ord. O-83-2 § 1 (part), 1983).

9.32.130 Defecation by dogs
It is unlawful for the owner or custodian of any dog which has defecated in any park, parkway, community center, or recreational facility to fail to clean up and remove such excrement or feces. (Ord. O-97-31 § 11, 1997; Ord. O-83-2 § 1 (part), 1983).

9.32.170 Fishing regulations
It is unlawful for any person to violate any of the provisions contained in Chapter 1 of the Rules and Regulations of the Colorado Division of Wildlife, which is adopted by reference, pursuant to Title 31, Article 16, of the Colorado Revised Statutes. Any violation of Chapter 1 of the Rules and Regulation of the Colorado Division of Wildlife shall be a violation of this provision, punishable as specified in Section 1.16.020. (Ord. O-2009-37 § 12, 2009; Ord. O-86-38 § 7, 1986; Ord. O-83-2 § 1 (part), 1983).

9.32.180 Wildlife protected
It is unlawful to place, set, or attend traps on park lands except as authorized by permit, or to possess, pursue, wound, take, or acquire any wildlife except as authorized in Section 9.32.170 of this chapter. (Ord. O-92-25 § 19, 1992; Ord. O-86-38 § 7, 1986; Ord. O-83-2 § 1 (part), 1986).


9.32.210 Nudity prohibited
It is unlawful for any person to appear, or disrobe, so as to expose or uncover his or her lower torso in such a manner as to expose the cleft of the buttocks or genital organs. It is unlawful for any female who is twelve years or older to appear, or disrobe, in such a manner as to expose the areola. (Ord. O-83-2 § 1 (part), 1983).

9.32.220 Horse riding prohibited
It is unlawful to ride a horse or other animal except upon the authorized bridle path or other areas which are specifically designated by the Director. (Ord. O-83-2 § 1 (part), 1983)

9.32.230 Group and nonrecreational activities
A. It is unlawful:
1. For any person to make false statements or give false information used in connection with an application for a permit hereunder;
2. For any person to engage, or prepare to engage, in any group or nonrecreational activities in any park, community center, or recreation facility within the city except as authorized by a written permit issued by the Director. Any person engaging in group or nonrecreational activities within the park, community center, or recreation facility pursuant to permit must carry the permit in his possession while engaging in such activities, and must produce it upon the demand of the Director, his designee or a police agent.
B. Any person engaging in group or nonrecreational activities within the park pursuant to permit or expressive activity pursuant to a permit must carry the permit in his possession while engaging in such activities, and must produce it upon the demand of a park supervisor or park ranger or an agent of the Police Department. At the Lakewood Civic Center, any person engaging in group or nonrecreational activities within the Civic Center pursuant to permit or expressive activity pursuant to a permit must carry the permit in his possession while engaging in such activities, and must produce it upon the demand of a park supervisor or park ranger or an agent of the Police Department or a court marshal. (Ord. O-2000-15 § 6, 2000; Ord. O-97-31 § 17, 1997; Ord. O-94-33 § 22, 1994; Ord. O-92-25 § 20, 1992; Ord. O-86-38 § 9, 1986).

9.32.240 Hang gliding, paragliding, ultralight aircraft and hot air balloons prohibited
A. Except as provided in subsections B. and C. of this section, it is unlawful to operate or attempt to operate any hang glider, paraglider, ultralight aircraft or hot air balloon within any park or recreation facility of the city unless such operation is pursuant to a bona fide emergency landing.
B. Paragliding is permitted within the City of Lakewood William F. Hayden Green Mountain Park provided the paraglider operator is certified by the United States Hang Gliding Association or another hang gliding association approved by the Director and provided the paraglider operator has a permit issued by the Director or his designee.
C. Hot air balloons are permitted to operate within any park or recreation facility of the city if authorized by a permit issued by the Director or his designee, and provided such operation is not in violation of any rule, regulation, or ordinance of the city. (Ord. O-97-45 § 1, 1997; Ord. O-92-25 § 21, 1992; Ord. O-86-38 § 10, 1986).

9.32.250 Camping prohibited
It is unlawful to camp within any park, community center, or recreation facility of the city without a valid camping permit, and a valid parks pass when such pass is required to enter a park, community center, or recreation facility. Such camping is then only allowed within designated areas approved by the Director. (Ord. O-97-31 § 18, 1997; Ord. O-92-25 § 22, 1992; Ord. O-86-38 § 11, 1986).

9.32.260 Destruction of public property
It is unlawful for any person to knowingly remove, destroy, mutilate, modify deface, or in any other way vandalize any building, structure, water control device, fence, gate, notice, survey or section marker, tree, shrub, rock, or other plant or vegetation or any other item or public property within any park, community center, or recreation facility of the city where the aggregate damage to the public property is less than one thousand dollars. (Ord. O-2009-37 § 13, 2009; Ord. O-2007-28 § 4, 2007; Ord. O-98-35 § 3, 1998; Ord. O-97-31 § 19, 1997; Ord. O-86-38 § 12, 1986).

9.32.265 Collection of natural resources
It is unlawful for any person to take, collect, gather, or possess any vegetation, rock, wood, or other natural object within any park. (Ord. O-2009-37 § 14, 2009).

9.32.266 Unlawful improvements on parks
It is unlawful for any person to construct, place, or maintain any road, trail, structure, fence, enclosure, or other improvement on any park without the written authorization of the Director except where permitted by Department Rules and Regulations to mitigate against the danger of wildfire or other natural occurrence.
(Ord. O-2009-37 § 15, 2009).

9.32.270 Littering prohibited
It is unlawful to leave any garbage, trash, cans, bottles, papers, or other refuse elsewhere within any park, community center, or recreation facility of the city other than in the receptacles provided thereof. It is unlawful for any person to deposit yard clippings or other garbage or trash generated on private property in any receptacles provided for in this section or to otherwise leave said refuse within any park, community center, or recreation facility of the city. (Ord. O-2009-37 § 16, 2009; Ord. O-97-31 § 20, 1997; Ord. O-86-38 § 13, 1986).

9.32.280 Dangerous missiles
It is unlawful to discharge, fire, or shoot any air gun, slingshot, pellet gun, blowgun, bow and arrow, paintball guns, air-soft guns, single-stage projectile, multi-stage projectile or projectile-launching device in any park, community center, or recreation facility of the city, except in designated areas, without written consent of the Director, which consent shall not relieve any person engaged in any such activity from liability for any damage or injury caused thereby, nor impose or create any such liability to the city or any of its employees or agents; provide, however, that this section shall not apply to any activity which is a felony under state law. (Ord. O-2009-37 § 17, 2009; Ord. O-97-31 § 21, 1997; Ord. O-94-33 § 23, 1994; Ord. O-92-25 § 23, 1992; Ord. O-86-38 § 13, 1986).

9.32.290 Unlawful to sell or use fireworks
Except as provided in Sections 5.20.030 and 5.20.040, it is unlawful in any park, community center, or recreation facility of the city for any person to:
A. Possess, use or explode any fireworks; or
B. Offer for sale, expose for sale or sell any fireworks. (Ord. O-97-31 § 22, 1997; Ord. O-86-38 § 15, 1986).

9.32.300 Animals running at large unlawful
A. It is unlawful for the owner of any dog or other animal, excluding cats, to permit the same to run at large within any park, community center, or recreation facility of the city, except in designated areas.
B. For the purposes of this section, the following definitions shall apply:
1. "Animal" means any animal brought into domestic use so as to live and breed in a tame condition, including, but not limited to, dogs, other household pets excluding cats, horses, livestock, and animals generally regarded as farm or ranch animals;
2. "Owner" means any person owning, keeping, or harboring any dog or other animal.
3. "Running at large" means off the premises of the owner and not under effective control of that owner, his agent, servant, or competent member of his family by means of a leash, cord or chain, reasonable in length. (Ord. O-97-31 § 23, 1997; Ord. O-86-38 § 16, 1986).

9.32.310 Motor vehicles
A. It is unlawful:
1. For any person to operate or park a motor vehicle within any park of the city except in designated areas or as authorized by signs, the Director or his designee, or a police agent;
2. For any person to operate or park a motor vehicle within Bear Creek Lake Park without a valid vehicle pass, except in areas designated for entrance without a parks pass;
3. For any person to leave a motor vehicle within any park of the city when it has been declared closed to the public by the Director, unless the motor vehicle is parked in a designated camping area. Parks shall normally be open daily during the hours posted on signs located at each entrance to the park area, except for activities and events sponsored by the Director or authorized by the Director.
4. For any person to park or leave unattended any inoperable vehicle within any park, or at any community center, or recreational facility of the City. Inoperable vehicle means a vehicle that is not capable of being promptly started and driven under its own power, does not have a current license plate, or which lacks one or more of the following items which are otherwise standard factory equipment on any particular vehicle model: windshield, side or rear window, door, fender, headlamp, muffler, wheel, or properly inflated tire.
5. For any person to park a motor vehicle within any park of the city for the primary purpose of displaying such vehicle for sale or displaying any other advertising.
6. For any person to park a motor vehicle within any park of the city for the primary purpose of painting, repairing, stripping or salvaging any part of such vehicle.
B. In any prosecution charging a violation of subsection A, proof that the particular vehicle described in the complaint was parked in violation of subsection A, together with proof that the Defendant named in the complaint was at the time of such parking the registered owner of such vehicle, shall constitute in evidence a prima facie presumption that the registered owner of such vehicle was the person who parked or placed such vehicle at the point where and for the time during which, such violation occurred.
C. Any vehicle parked in violation of any provision of subsection A for a period of 24 hours or more is subject to towing by the Lakewood Police Department as provided for in Section 10.33.080. (Ord. O-97-31 § 24, 1997; Ord. O-92-25 § 24, 1992; Ord. O-86-38 § 17, 1986).

9.32.320 Boating
A. Boating is prohibited in any body of water managed by the Department, or in any park or recreation facility, unless designated for boating by the Director or his designee.
B. It is unlawful for any person to violate any provisions contained in the Regulations of the Colorado Board of Parks and Outdoor Recreation governing the use of vessels on bodies of water, which are adopted by reference, pursuant to Title 31, Article 16 of the Colorado Revised Statutes. Any violation of such vessel regulations shall be a violation of this provision, punishable as specified in Section 1.16.020 .
C. The following vessel operations shall be prohibited:
1. No person shall operate a vessel in an area which has been declared closed to the public by the Director.
2. No person shall operate a vessel on Bear Creek Lake above a wakeless speed and/or with a motor in excess of ten horsepower, except as authorized by the Director.
3. No person shall operate any motorized vessel on Soda Lakes, except as authorized by the Director.
4. No person shall operate a vessel while towing any person on a surfboard, inner tube, or similar device, except as authorized by the Director.
D. The Director, his designee, or a police agent shall be authorized to stop and board any vessel to perform a vessel inspection. (Ord. O-2009-37 § 18, 2009; Ord. O-92-25 § 25, 1992).

9.32.325 Prohibition of aquatic nuisance species
A. No person shall:
1. Possess, import, export, ship, or transport an aquatic nuisance species;
2. Release, place, plant, or cause to be released, placed, or planted into the waters of the City an aquatic nuisance species; or
3. Refuse to comply with a proper order issued under this provision.
B. The Director or a park ranger is authorized to temporarily stop, detain, and inspect a conveyance for aquatic nuisance species as set forth in Title 33 Article 10.5, Aquatic Nuisance Species, Colorado Revised Statutes and to enforce said article.
C. For the purposes of this Section, the term “aquatic nuisance species” shall mean exotic or nonnative aquatic wildlife or any plant species that have been determined by the Board of Parks and Outdoor Recreation in the Colorado Department of Natural Resources to pose a significant threat to the aquatic resources or water infrastructure of the state. (Ord. O-2009-37 § 19, 2009).

9.32.330 Horse drawn carriages prohibited
It is unlawful to operate a horse drawn carriage, or conveyance drawn by any other animal, except in areas specifically designated for such conveyances by the Director or his designee. For purposes of this section, horse drawn carriage means any conveyance pulled by one or more horses. (Ord. O-92-25 § 26, 1992).

9.32.340 Commercial operation of horse drawn carriages
Commercial operation of any horse drawn carriage shall be prohibited in any park or recreation facility, except on the roadways within Bear Creek Lake Park. Use of any other park or recreation facility for commercial horse drawn carriage activities shall be deemed a nonrecreational activity, shall require a permit issued to the person using or hiring the commercial horse drawn carriage service, and shall be governed by Section 9.32.030 of this chapter. (Ord. O-94-51 § 2, 1994; Ord. O-92-25 § 27, 1992).

9.32.360 Disobeying the order of a posted sign
No person shall disobey the order of any official sign posted in any park, recreation facility, or community center within the City. All official signs posted in or on any park, recreation facility, or community center within the City shall be presumed posted pursuant to the official act or direction of the Director. (Ord. O-97-31 § 26, 1997; Ord. O-92-25 § 29, 1992).

9.32.370 Glass containers prohibited
It is unlawful to possess or use any glass bottle or other glass container within or upon the grounds of any park, unless authorized by the Director. (Ord. O-97-31 § 27, 1997).

9.32.380 Lakewood Civic Center enforcement
At the Lakewood Civic Center, City of Lakewood ordinances and regulations shall be enforced by agents of the Police Department, zoning inspectors, park supervisors or park rangers. Court marshals shall have that enforcement authority set forth in Chapter 2.20 of the Lakewood Municipal Code. (Ord. O-2000-15 § 7, 2000).

9.32.390 Swimming, wading
A. It is unlawful for any person to swim in any outside body of water within any city park or recreational facility, except in designated areas, or as part of recreational program that is authorized in writing by the Director.
B. It is unlawful for any person to wade in any body of water in any park or recreation facility, except in designated areas, or when wading is an integral part of a lawful water activity. As used herein, “wade” shall mean to enter into water up to waist height.
C. It is unlawful for any person to swim from any boat except when engaged in an attempt to rescue another person. (Ord. O-2009-37 § 20, 2009).

9.32.400 Use of trails
A. Any person riding a bicycle or operating a toy vehicle upon a park trail shall yield the right-of-way to any pedestrian or equestrian.
B. Pedestrians on a park trail shall yield the right-of-way to any equestrian.
C. No trail user shall operate or act in a careless or imprudent manner on any park trail without due regard for the safety of persons or property.
D. Any person who violates any provision of this section commits a Class 4 traffic offense. (Ord. O-2009-37 § 21, 2009).

Chapter 9.33 - Swimming Regulations
9.33.020 Unlawful to swim or wade in irrigation ditches
It is unlawful for any person to swim or wade in any irrigation ditch within the city. The provisions of this section shall not apply to any rescue or officially sanctioned demonstration operations. (Ord. O-74-1 § 1 (part), 1974).


Chapter 9.34 - Pollution
9.34.010 Depositing debris in streams and waters
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, 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 products, paint, chemicals, whether liquid or solid, scrap construction materials or any other materials that may cause the water to become contaminated. (Ord. O-74-1 § 1 (part), 1974).


Chapter 9.36 - Wildlife
9.36.010 Harassing, killing or injuring wildlife
A. It is unlawful for any person to willfully and unnecessarily 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. 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. Wild bird includes all undomesticated birds native to North America and undomesticated game birds implanted in North America by governmental agencies and includes any domestic duck or goose released by any private person or recreational authority upon any recreational area within this city.
D. Wild animal includes any animal native to the state, but does not include rattlesnakes, fish or any species of amphibians, Norway rats and common house mice.
E. The provisions of this chapter do not apply to personnel of any police, fire or animal control agency or the Colorado Division of Wildlife or Department of Health or other state or federal agency when such persons are acting within the scope of their official duties as employees of said agencies.
F. The provisions of this section are not intended to allow the destruction of any bird or animal protected by the laws of the state or the United States of America. (Ord. O-74-1 § 1 (part), 1974).


Chapter 9.38 - Smoking in Public Places
9.38.010 Purpose
This Chapter is enacted for the purpose of preserving and improving the health, comfort, and environment of the citizens of this City by limiting exposure to environmental smoke.  (Ord. O-2014-14 § 1, 2014; Ord. O-2012-3 § 1, 2012; Ord. O-2009-36, § 1, 2009; Ord. O-86-78 § 1 (part), 1986).

9.38.020 Definitions

As used in this Chapter, the following words and terms shall be defined as follows:

"Auditorium" means the part of a public building where an audience gathers to attend a performance, and includes any corridors, hallways, or lobbies adjacent thereto.

"Bar" means any indoor area that is operated and licensed under Article 47 of Title 12, C.R.S., primarily for the sale and service of alcohol beverages for on-premises consumption and where the service of food is secondary to the consumption of such beverages.

"Cigar-tobacco bar" means a bar that, in the calendar year ending December 31, 2005, generated at least five percent or more of its total annual gross income or fifty thousand dollars in annual sales from the on-site sale of tobacco products and the rental of on-site humidors, not including any sales from vending machines. In any calendar year after December 31, 2005, a bar that fails to generate at least five percent of its total annual gross income or fifty thousand dollars in annual sales from the on-site sale of tobacco products and the rental of on-site humidors shall not be defined as a "cigar-tobacco bar" and shall not thereafter be included in the definition regardless of sales figures.

“Electronic smoking device,” means any electronic oral device such as one composed of a heating element, battery, and/ or electronic circuit which provide a vapor of nicotine or any other substances for inhalation. This term shall include every variation and type of such devices whether they are manufactured, distributed, marketed, or sold as an electronic cigarette, an electronic cigar, an electronic cigarillo, an electronic pen, an electronic pipe, or an electronic hookah or any other product name or descriptor.

 

“Employee” means any person who does any type of work for the benefit of another in consideration of direct or indirect wages or profit; or provides uncompensated work or services to a business or nonprofit entity. "Employee" includes every person described in this paragraph, regardless of whether such person is referred to as an employee, contractor, independent contractor, or volunteer or by any other designation or title.

"Employer" means any person, partnership, association, corporation, or nonprofit entity that employs one or more persons. "Employer" includes, without limitation, the legislative, executive, and judicial branches of state government; any county, city and county, city, or town, or instrumentality thereof, or any other political subdivision of the state, special district, authority, commission, or agency; or any other separate corporate instrumentality or unit of state or local government.

"Entryway" means the twenty-five foot radius outside of every public entrance leading into a building or facility that is not exempted from this Chapter under Section 9.38.040. For multi-unit buildings with multiple public entrances, the City shall have the discretion, when appropriate, to interpret “Entryway” so as to encompass a single area around multiple public entrances and to revise the signage requirements accordingly.

"Environmental smoke," or "secondhand smoke," means the complex mixture formed from the escaping gases, particles, or vapors released into the air as a result of combustion, electrical ignition, vaporization or heating of a tobacco product or a marijuana product when the apparent or usual purpose of the combustion, electrical ignition, vaporization or heating is human inhalation of the byproducts, smoke of a burning tobacco product, also known as "sidestream smoke," and such gases, particles, vapors, or smoke exhaled by the smoker.

 

"Environmental tobacco smoke," "ETS," or "secondhand smoke," means the complex mixture formed from the escaping smoke of a burning tobacco product, also known as "sidestream smoke," and smoke exhaled by the smoker.

"Food service establishment" means any indoor area or portion thereof in which the principal business is the sale of food for on-premises consumption. The term includes, without limitation, restaurants, cafeterias, coffee shops, diners, sandwich shops, and short-order cafes.

“Hookah bar” is an establishment where patrons by themselves or by sharing with others smoke tobacco products or similar products from a communal hookah or nargile or similar device. 

"Indoor area" means any enclosed area or portion thereof. The opening of windows or doors, or the temporary removal of wall panels, does not convert an indoor area into an outdoor area.

"Marijuana" shall have the same meaning as in section 16(2)(f) of article XVIII of the Colorado Constitution.

 

“Marijuana product” means concentrated marijuana products and marijuana products that are comprised of marijuana and other ingredients and are intended to be consumed by smoking or inhalation.

"Place of employment" means any indoor area or portion thereof under the control of an employer in which employees of the employer perform services for, or on behalf of, the employer.

"Public building" means any building owned or operated by:

(a)The state, including the legislative, executive, and judicial branches of state government;

(b)Any county, city and county, city, or town, or instrumentality thereof, or any other political subdivision of the state, a special district, an authority, a commission, or an agency; or

(c)Any other separate corporate instrumentality or unit of state or local government.

"Public meeting" means any meeting open to the public pursuant to Part 4 of Article 6 of Title 24, C.R.S., or any other law of this state.

"Smoke-free work area" means an indoor area in a place of employment where smoking is prohibited under this chapter.

"Smoking” means the burning, heating, electrical ignition or vaporizing of a lighted cigarette, cigar, pipe, electronic smoking device, or any other matter or substance that contains tobacco, nicotine, marijuana, or any other substance, or combination thereof, and the inhaling and exhaling of environmental smoke created thereby.

"Tobacco" means cigarettes, cigars, cheroots, stogies, and periques; granulated, plug cut, crimp cut, ready rubbed, and other smoking tobacco; snuff and snuff flour; cavendish; plug and twist tobacco; fine-cut and other chewing tobacco; shorts, refuse scraps, clippings, cuttings, and sweepings of tobacco; and other kinds and forms of tobacco, prepared in such manner as to be suitable for chewing or for smoking in a cigarette, pipe, or otherwise, or both for chewing and smoking. "Tobacco" also includes cloves and any other plant matter or product that is packaged for smoking.

"Tobacco business" means a sole proprietorship, corporation, partnership, or other enterprise engaged primarily in the sale, manufacture, or promotion of tobacco, tobacco products, or smoking devices or accessories, either at wholesale or retail, and in which the sale, manufacture, or promotion of other products is merely incidental.

 

 "Tobacco product" means any product that contains nicotine or tobacco or is derived from nicotine or tobacco and is intended to be ingested or inhaled; or any electronic device that can be used to deliver nicotine to the person inhaling from the device including but not limited to electronic smoking devices, cigarettes, cigars, cheroots, stogies, and periques; granulated, plug cut, crimp cut, ready rubbed, and other smoking tobacco; snuff and snuff flour; cavendish; plug and twist tobacco; fine-cut and other chewing tobacco; shorts, refuse scraps, clippings, cuttings, and sweepings of tobacco; and other kinds and forms of tobacco, prepared in such manner as to be suitable for chewing or for smoking in a cigarette, pipe, or otherwise, or both for chewing and smoking. "Tobacco product" also includes cloves and any other plant matter or product that is packaged for smoking.

"Work area" means an area in a place of employment where one or more employees are routinely assigned and perform services for or on behalf of their employer.
(Ord. O-2014-14 § 2, 2014; Ord. O-2014-3 § 4, 2014; Ord. O-2012-3 § 1, 2012; Ord. O-2009-36 § 1, 2009; Ord. O-95-19 § 1, 1995; Ord. O-86-78 § 1 (part), 1986).


9.38.030 General smoking restrictions
A. INDOOR AREAS. Except as provided in Section 9.38.040, and in order to reduce the levels of exposure to environmental smoke, smoking shall not be permitted and no person shall smoke in any indoor area, including, but not limited to:
1. Public meeting places;
2. Elevators;
3. Government-owned or operated means of mass transportation, including, but not limited to, buses, vans, and trains;
4. Taxicabs and limousines;
5. Grocery stores;
6. Gymnasiums;
7. Jury waiting and deliberation rooms;
8. Courtrooms;
9. Child day care facilities;
10. Health care facilities including hospitals, health care clinics, doctors’ offices, and other health care related facilities;
11. Any place of employment that is not exempted. In the case of employers who own facilities otherwise exempted from this Chapter, each such employer shall provide a smoke-free work area for each employee requesting not to have to breathe environmental tobacco smoke. Every employee shall have a right to work in an area free of environmental tobacco smoke;
12. Food service establishments;
13. Bars;
14. Indoor sports arenas;
15. Restrooms, lobbies, hallways, and other common areas in public and private buildings, condominiums, and other multiple-unit residential facilities;
16. Restrooms, lobbies, hallways, and other common areas in hotels and motels, and in at least seventy-five percent of the sleeping quarters within a hotel or motel that are rented to guests;
17. Bowling alleys;
18. Billiard or pool halls;
19. Facilities in which games of chance are conducted;
20. (a) The common areas of retirement facilities, publicly owned housing facilities, and, except as specified in Section 24-14-205(1)(k), nursing homes, but not including any resident's private residential quarters or areas of assisted living facilities specified in Section 25-24-205(1)(k);
(b) Nothing in this Chapter affects the validity or enforceability of a contract, whether entered into before, on, or after July 1, 2006, that specifies that a part or all of a facility or home specified in this paragraph (20) is a smoke-free area.
21. Public buildings;
22. Auditoria;
23. Theaters;
24. Museums;
25. Libraries;
26. To the extent not otherwise provided in Section 25-14-103.5, public and nonpublic schools; and
27. Other educational and vocational institutions.

B. OUTDOOR AREAS. Except as provided in Section 9.38.040, and in order to reduce the levels of exposure to environmental smoke, the smoking of tobacco products shall not be permitted and no person shall smoke tobacco in the following outdoor areas:
1. The entryways of all buildings and facilities listed in paragraphs (1) to (27) of subsection (A).
2. The following facilities in City-owned outdoor parks:
a. Playgrounds, swimming pools, skate parks, athletic fields, picnic shelters, tennis courts and similar locations; and
b. Outdoor locations where people congregate to partake in City events such as Cider Days or outdoor musical concerts.
3. Transit stops, including light-rail platforms and bus stops, with or without benches and/or shelters.
C. Nothing herein shall be deemed to permit the smoking of marijuana that is conducted openly and publicly or in a manner that endangers others or otherwise violates state law.
(Ord. O-2014-14 § 3, 2014; Ord. O-2014-3 § 5, 2014; Ord. O-2012-3 § 1, 2012; Ord. O-2009-36 § 1, 2009; Ord. O-95-19 § 2, 1995; Ord. O-86-78 § 1 (part), 1986).

9.38.040 Exceptions to smoking restrictions
A. The prohibitions set forth in Section 9.38.030 shall not apply to smoking tobacco products in:
1. Private homes, private residences, and private automobiles; except that this Chapter shall apply if any such home, residence, or vehicle is being used for child care or day care or if a private vehicle is being used for the public transportation of children or as part of health care or day care transportation;
2. Limousines under private hire;
3. A hotel or motel room rented to one or more guests if the total percentage of such hotel or motel rooms in such hotel or motel does not exceed twenty-five percent;
4. Any retail tobacco business; provided, however, that no person under eighteen (18) years of age shall be allowed on the premises. No retail tobacco business may be located in a liquor-licensed premises.
5. A cigar-tobacco bar as provided herein;
6. The outdoor area of any business, including the patios of liquor-licensed establishments and business establishments where food or beverages are served;
7. A place of employment that is not open to the public and that is under the control of an employer that employs three or fewer employees;
8. A private, nonresidential building on a farm or ranch, as defined in Section 39-1-102, C.R.S., that has an annual gross income of less than five hundred thousand dollars; or
9. (a) The areas of assisted living facilities:
i. That are designated for smoking for residents;
ii. That are fully enclosed and ventilated; and
iii. To which access is restricted to the residents or their guests.
(b) As used in this paragraph (9), “assisted living facility” means a nursing facility, as that term is defined in Section 25.5-4-103, C.R.S., and an assisted living residence, as that term is defined in Section 25-27-102.
10. Hookah bars, as provided herein; and
11. The outdoor areas of golf courses.
(Ord. O-2014-14 § 4, 2014; Ord. O-2014-3 § 6, 2014; Ord. O-2012-3 § 1, 2012; Ord. O-2009-36 § 1, 2009; Ord. O-95-19 § 3, 1995; Ord. O-86-78 § 1 (part), 1986).

9.38.050 Optional restrictions

A.The owner or manager of any place not specifically listed in Section 9.38.030 including a place otherwise exempted under Section 9.38.040 may post signs prohibiting smoking or providing smoking and nonsmoking areas.Such posting shall have the effect of including such place, or the designated nonsmoking portion thereof, in the places where smoking is prohibited or restricted pursuant to this chapter. 
B. If the owner or manager of a place not specifically listed in Section 9.38.030, including a place otherwise exempted under Section 9.38.040, is an employer and receives a request from an employee to create a smoke-free work area as contemplated by Section 9.38.030 (A)(11), the owner or manager shall post a sign or signs in the smoke-free work area as provided in subsection (A) of this section.
(Ord. O-2012-3 § 1, 2012; Ord. O-2009-36 § 1, 2009; Ord. O-95-19 § 4, 1995; Ord. O-94-33 § 24, 1994; Ord. O-86-78 § 1 (part), 1986).


9.38.090 Unlawful Acts- Penalty
A. It is unlawful for a person who owns, manages, operates, or otherwise controls the use of a premise subject to this Chapter to violate any provision of this Chapter.
B. It is unlawful for a person to smoke in an area where smoking is prohibited pursuant to this Chapter.
C. A person who violates this Chapter is guilty of a municipal offense and, upon conviction thereof, shall be punished by a fine not to exceed two hundred dollars for a first violation within a calendar year, a fine not to exceed three hundred dollars for a second violation within a calendar year, and a fine not to exceed five hundred dollars for each additional violation within a calendar year. Each day of a continuing violation shall be deemed a separate violation.
(Ord. O-2012-3 § 1, 2012; Ord. O-2009-36 § 1, 2009; Ord. O-86-78 § 1 (part), 1986).

9.38.100 Enforcement
Peace officers and code enforcement officers shall have the authority to enforce this Chapter.  (Ord. O-2012-3 § 1, 2012; Ord. O-2009-36 § 1, 2009; Ord. O-95-19 § 5, 1995; Ord. O-86-78 § 1 (part), 1986).

9.38.110 Severability
If any provision of this Chapter or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this Chapter that can be given effect without the invalid provision or application, and to this end the provisions of this Chapter are declared to be severable. (Ord. O-2012-3 § 1, 2012; Ord. O-2009-36 § 1, 2009; Ord. O-95-19 § 6, 1995; Ord. O-94-33 § 25, 1994; Ord. O-91-59 § 4 (part), 1991; Ord. O-86-78 § 1 (part), 1986).


9.38.060 Hookah Bars
A.  After the effective date of this Ordinance, no new hookah bars shall be permitted within the City’s corporate boundaries. Existing hookah bars that are open and operating as of the effective date of this Ordinance may continue operating, but may not expand in size or change locations after the effective date of the Ordinance.
B.  It shall be unlawful for a person under the age of eighteen (18) years to enter a hookah bar. It shall be unlawful for the owner or manager of a hookah bar to allow a person under the age of eighteen (18) years to enter the premises.
C.  No hookah bar may be located in a liquor-licensed premises.
D. It shall be unlawful for any person to smoke marijuana in a hookah bar.
(Ord. O-2014-3 § 8, 2014; Ord. O-2012-3 § 1, 2012)

9.38.070 Cigar-tobacco Bars
A. A cigar-tobacco bar shall not expand its size or change its location from the size and location in which it existed as of December 31, 2005.
B. It shall be unlawful for a person under the age of eighteen (18) years to enter a cigar-tobacco bar. It shall be unlawful for the owner or manager of a cigar-tobacco bar to allow a person under the age of eighteen (18) years to enter the premises.
C. After the effective date of this Ordinance O-2012-3, no new cigar-tobacco bar shall be permitted to open.
D. It shall be unlawful for any person to smoke marijuana in a cigar-tobacco bar.
(Ord. O-2014-3 § 9, 2014; Ord. O-2012-3 § 1, 2012).

9.38.080 Signage
A. It shall be unlawful for an owner or lessee or person in charge of a building or business open to the public to fail to post a sign as described herein at each entrance available to the public. The City shall have the discretion, when appropriate, to modify the requirements for the location and number of signs, in applying this provision to multi-unit buildings with multiple public entrances.
1. The sign shall state that no smoking is allowed within twenty-five feet of the entrance.
2. The sign shall be posted on or adjacent to the entrance door, and shall use letters no less than one inch in height.
3. The international No Smoking symbol may be used in conjunction with the required text on the sign.
B. For signs in all outdoor locations other than Entryways, the City shall have the sole discretion to determine the number, size, location and content of all such signs.
(Ord. O-2012-3 § 1, 2012)

9.38.045 Exceptions to marijuana smoking restrictions
The prohibitions set forth in Section 9.38.030 shall not apply to smoking marijuana in: private homes or private residences; except that this Chapter shall apply if such home or residence is being used for child care or day care.
(Ord. O-2014-3 § 7, 2014)

9.38.075 Tobacco business
It shall be unlawful for any person to smoke marijuana in a tobacco business.
(ord. O-2014-3 § 10, 2014)

Chapter 9.39 - Fire Restrictions and Fire Bans
9.39.010 Authority
The City Manager or designee shall have the authority to declare fire restrictions or a fire ban, whenever the danger of grass or wildland fire is found to be high, based upon the national fire danger rating system and recommendations by Jefferson County Sheriff’s Office Critical Incident Response Section, the Wheat Ridge Fire Protection District and the West Metro Fire Protection District (both entities hereinafter referred to as Fire District.) Any declaration of fire restrictions or a fire ban made pursuant to this ordinance shall specify the effective date of the restrictions or ban and the parameters of the restrictions or ban, as deemed necessary and appropriate. (Ord. O-2013-13 § 1, 2013).

9.39.020 Publication of Notice
In the event that the City Manager or designee declares fire restrictions or a fire ban pursuant to this ordinance, notice shall be published on the City of Lakewood website, and signs will be posted at applicable park entrances and any other such public venue as deemed necessary and effective. (Ord. O-2013-13 § 1, 2013).

9.39.030 Unlawful Conduct
A. It shall be unlawful for any person to start or maintain a fire that is in violation of fire restrictions or a fire ban declared pursuant to this Chapter.
B. It shall be unlawful to allow a fire to burn in a careless manner, to leave any fire unattended, or to fail to completely extinguish any fire.
C. It shall be unlawful to burn rubbish or debris.
D. It shall be unlawful to perform Open Burning without a permit from a Fire District.
E. It shall be unlawful to allow a fire to burn under an approved exemption permit issued from a Fire District without adequate measures to prevent uncontrolled fires. Possible preventive measures include, but are not limited to, the following items:
I. Containers of adequate water or dry soil nearby.
II. Shovels, fire extinguishers or other extinguishing agents readily available.
III. Coordination with the local fire department or district to be on scene or standby during a fire burning activity.
(Ord. O-2013-13 § 1, 2013).

9.39.040. Enforcement
The Lakewood Chief of Police or his designee, Lakewood Park Rangers, and authorized members of the West Metro Fire Protection District and Wheat Ridge Fire Protection District are empowered to enforce the provisions of this Chapter. (Ord. O-2013-13 § 1, 2013).

9.39.050. Type of fire ban or fire restriction that may be declared by the City Manager
Stage I Possible Fire Restrictions:

A. No open burning except with an appropriate Fire District permit
B. No smoking, except as allowed in Chapter 9.38 of the Lakewood Municipal Code, and except within an enclosed vehicle or building, in a developed recreation site or while in an outdoor area less than 6 feet in diameter that is barren or cleared of all combustible material. (2009 IFC 310.8) No discarding of cigarettes or smoking materials except within approved containers
C. No use of model rockets within City Parks

Stage I Allowable Activities under the Fire Restrictions:

D. Use of liquid or gas fueled appliances
E. Underwriters Laboratories (UL) approved wood pellet grills
F. Charcoal barbecue grills when not closer than 30 feet from an undeveloped area (2009 IFC 308.1.6)
G. Portable outdoor fireplaces when not closer than 30 feet from an undeveloped area (2009 IFC 307.4.3)
H. Recreational fires in a park or recreational area contained in a designated fire ring or grill, when not closer than 30 feet from an undeveloped area (2009 IFC 307.4.2)
I. In residential backyards recreational fires when not closer than 30 feet from an undeveloped area
J. Permitted fires by persons with a permit specifically authorizing the prohibited act such as professional fireworks displays. Contact must be made with the permitting authority to verify the status of permits issued prior to the establishment of burn restrictions.
K. Burning of explosive wastes by manufacturer of explosives in areas zoned for industrial use when the burning is supervised by the fire protection district
L. Fire District training fires
M. Open Burning by any federal, state, or local officer in the performance of official fire suppression functions

Stage II Fire Ban:

A. All Stage I fire restrictions shall be observed.
B. No recreational fires
C. No welding or operating an acetylene or other torch with an open flame, except inside an enclosed structure or within an area that is barren or cleared of all combustible material at least 30 feet in all directions from the operating equipment (2009 IFC 308.1.6)
D. No operation or using of a handheld internal combustion engine (e.g. chainsaw) within 30 feet of an undeveloped area without a United States Department of Agriculture (USDA) or Society of Automotive Engineers (SAE) approved spark arresting device properly installed and in proper working order. Additionally, the operator must have readily available an extinguishing source, water, pressurized water extinguisher, or proper chemical pressurized extinguisher large enough to handle possible fires. Additionally, the operator must possess at least one large-size pointed shovel with an overall length of at least 36 inches. All must be available for quick use.
E. No use of an explosive initiation system requiring a burning fuse line

Stage II Allowable Activities under the Fire Ban:

F. Use of liquid or gas fueled appliances
G. Underwriters Laboratories (UL) listed wood pellet grills
H. Permitted fires specifically authorizing the prohibited act such as professional fireworks displays may be allowed on a case by case basis
I. Fire District training fires
J. Burning of explosive wastes by manufacturer of explosives in areas zoned for industrial use when the burning is supervised by the fire protection district
K. Open Burning by any federal, state, or local officer in the performance of official fire suppression functions
L. Charcoal barbecue grills when not closer than 30 feet from an undeveloped area (2009 IFC 308.1.6)
M. Portable outdoor fireplaces when not closer than 30 feet from an undeveloped area
(Ord. O-2013-13 § 1, 2013).

9.39.060. Definitions
Liquid or Gas Fueled Appliances: Appliances such as fire pits, grills, camp stoves, and Tiki torches that burn liquid or gaseous fuels and can be shut off. This does not include any device that burns solid fuels such as wood or charcoal and must be extinguished.
Open Burning: Any outdoor fire larger than a recreational fire that is not contained within a portable outdoor fireplace that has a total fuel area of 3 feet or more in diameter and 2 feet or more in height. This includes, but is not limited to, bonfires, the lighting of any fused explosives, and the burning of fence lines or rows, grasslands, fields, farmlands, ditches, rangelands, and wildlands.
Portable Outdoor Fireplace: A commercially purchased portable, outdoor, solid-fuel-burning fireplace that may be constructed of steel, concrete, clay, or other non-combustible material. A portable outdoor fireplace may be open in design, or may be equipped with a small hearth opening and a short chimney or chimney opening at the top. These devices must be operated according to the manufacturer’s instructions with all covers, screens, and grates in place.
Recreational Fire: Any outdoor fire burning material other than rubbish or debris where the fuel being burned is not contained in a portable outdoor fireplace or barbecue grill and has a total fuel area of 3 feet or less in diameter and 2 feet or less in height for
pleasure, religious, ceremonial, cooking, warmth or similar purposes. This includes campfires; “warming fires;” fires in 55-gallon drums; fixed, permanent outdoor fireplaces; and barbecue pit fires.
Training Fires: A training fire must be approved by a Fire District for the purposes of a bona fide training of employees in firefighting methods. Training fires must take place in a designated training center and not in City Parks or open space areas during fire restrictions.
Undeveloped Areas: Lands that are not groomed, manicured, or watered, where grasses, brush and trees have been allowed to grow in a natural environment. This includes green belts that are not landscaped or manicured, open space lands, non-manicured City Parks, and other areas where the fire hazard presented by the vegetation is determined to be an undue wildland fire hazard.
(Ord. O-2013-13 § 1, 2013).