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Ordinance 2002-44
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0-2002-44

AN ORDINANCE

AMENDING SECTIONS 1.04.010 AND 1.16.050 OF TITLE 1 OF THE LAKEWOOD MUNICIPAL CODE PERTAINING TO GENERAL PROVISIONS

BE IT ORDAINED by the City Council of the City of Lakewood, Colorado, that

SECTION 1. Section 1.04.010 of the Lakewood Municipal Code is hereby amended to allow for the following change in definitions, all other definitions to remain as is:

1.04.010 DEFINITIONS.

"Peace Officer." For the purpose of interpreting or construing any ordinance, rule, regulation, bylaw or charter provision of the City of Lakewood and every applicable statute and court rule of procedure, the term "peace officer" means and includes every public official of the City of Lakewood, whether appointed or elected, and every employee of the City of Lakewood who. As a part of, in the course of, or in connection with his duties as such public official or employee, has or shall have any responsibility for or in connection with the execution, administration or enforcement of all or any part of any city ordinance, resolution or bylaw, rule or regulation. "Peace officer" includes but is not limited to police agents of the City of Lakewood and public officials and employees who are not police agents. Public officials and employees of the city who are peace officers within the meaning of this code, shall have the power and authority to issue and serve summonses and complaints in the Municipal Court, without oath, affidavit or verification, but nothing contained in this subsection shall vest or be taken to vest in persons who are not police agents other powers, duties, rights and emoluments of sworn police agents of the City of Lakewood not otherwise vested in such public officials or employees. Peace officers who are not sworn police agents of the city shall not be entitled to any of the retirement, pension, disability or other benefits to which sworn police agents are entitled, and shall not have the power to arrest, but shall have those powers of inspection, investigation, and search and seizure conferred by the rule, regulation, bylaw, or ordinance, or part thereof, which it is their duty to execute, administer or enforce. Municipal Court marshals shall have the power to arrest as set forth in Chapter 2.20 of the Municipal Code. Officers of the Red Rocks Community College Campus Police Department shall have the nonexclusive power and authority to enforce all provisions of the Lakewood Traffic Code and Title 9 of the Lakewood Municipal Code pertaining to public peace and safety within the boundaries of the Red Rocks Community College, which are located within the City of Lakewood.

SECTION 2. Subsection 1.16.050 (B) of the Lakewood Municipal Code is hereby amended and shall be as follows:

1.16.050 Juveniles

B. Court records of proceedings concerning a juvenile charged with violation of the Lakewood Municipal Code or any other ordinance, other than Title 10, "Vehicles and Traffic," shall be identified as juvenile records and shall be open to inspection without a court order as allowed by the Colorado Children's Code, Title 19, C.R.S. A juvenile probation officer's records and all other reports of social and clinical studies, whether or not part of the court file, shall not be open to inspection except as allowed by the Colorado Children's Code, Title 19, C.R.S.

SECTION 3. This ordinance shall take effect thirty (30) days after final publication.

I hereby attest and certify that the within and foregoing ordinance was introduced and read on first reading at a regular meeting of the Lakewood City Council on the 25th day of November, 2002; published in full in the Lakewood Sentinel on the 28th day of November, 2002; set for public hearing on the 9th day of December, 2002; read, finally passed and adopted by the City Council on the 9th day of December, 2002; and signed and approved by the Mayor on the 10th day of December, 2002.

Stephen A. Burkholder, Mayor

ATTESTED AND CERTIFIED:
Margy Greer, City Clerk