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0-2002-46
AN ORDINANCE
AMENDING SECTIONS 9.10.030 AND 9.60.010 AND ADDING SECTIONS 9.41.075, 9.60.015,
AND 9.64.030 OF TITLE 9 OF THE LAKEWOOD MUNICIPAL CODE
PERTAINING TO PUBLIC PEACE AND SAFETY
BE IT ORDAINED by the City Council of the City of Lakewood, Colorado, that:
SECTION 1. Subsection 9.10.030 (B) of the Lakewood Municipal Code is hereby
amended and shall be as follows:
9.10.030 RESISTING ARREST - ESCAPING - RESCUING A PRISONER.
B. "Peace officer" as used in this section, means any person defined as a peace officer by Section 18-1-901, Colorado Revised Statutes, who is in uniform or who has displayed his credentials to the person whose arrest is attempted.
SECTION 2. Chapter 9.41 of the Lakewood Municipal Code is hereby amended by the addition of a new Section 9.41.075 to read as follows:
9.41.075 UNLAWFUL TO SELL OR GIVE ETHYL ALCOHOL TO INTOXICATED PERSON.
It is unlawful for any person to sell, serve, give away, dispose of, exchange or deliver or permit the sale, serving, giving, or procuring of any ethyl alcohol to a visibly intoxicated person.
SECTION 3. Section 9.60.010 of the Lakewood Municipal Code is hereby amended and shall read be as follows:
9.60.010 CRIMINAL MISCHIEF
It is unlawful for any person to knowingly injure, damage, or destroy the real or personal property of one or more other persons including property owned by the person jointly with another person or property owned by the person in which another person has a possessory or proprietary interest, in the course of a single criminal episode where the aggregate damage to the real or personal property is less than five hundred dollars
SECTION 4. Chapter 9.60 of the Lakewood Municipal Code is hereby amended by the addition of a new Section 9.60.015 to read as follows:
9.60.015 OBSTRUCTION OF TELEPHONE SERVICE.
A person commits obstruction of telephone service if the person knowingly prevents, obstructs, or delays, by any means whatsoever, the sending, transmission, conveyance, or delivery in this city of any message, communication, or report by or through any telephone line, wire, cable, or other facility or any cordless, wireless, electronic, mechanical, or other device.
SECTION 5. Chapter 9.64 of the Lakewood Municipal Code is hereby amended by the addition of a new Section 9.64.030 to read as follows:
9.64.030 UNLAWFUL ACTS - THEFT DETECTION DEVICES
A. It is unlawful for any person to knowingly manufacture, distribute, or sell a theft detection shielding device or a theft detection deactivating devise with the knowledge that some person intends to use the device in the commission of an offense involving theft.
B. It is unlawful for any person to possess a theft detection shielding device or a theft detection deactivating device with the intent to use the device possessed, or with the knowledge that some person intends to use the device possessed, in the commission of an offense involving theft.
C. It is unlawful for any person to knowingly deactivate or remove theft detection device or any component thereof in any store or mercantile establishment without authorization prior to purchase.
D. As used in this section:
1. "Theft detection deactivating device" means any tool, instrument, mechanism, or other article adapted, designed, engineered, used, or operated to inactivate, incapacitate, or remove a theft detection device without authorization.
2. "Theft detection device" means an electronic or magnetic mechanism, machine, apparatus, tag, or article designed and operated for the purpose of detecting the unauthorized removal of merchandise from a store or mercantile establishment.
3. "Theft detection shielding device" means any tool, instrument, mechanism, or article adapted, designed, engineered, used, or operated, to avoid detection by a theft detection device during the commission of an offense involving theft. "Theft detection shielding device" includes, but is not limited to any laminated or coated sack or container that is capable of avoiding detection by a theft detection device.
SECTION 5. 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
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