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DISORDERLY CONDUCT
Sections:
9.50.010 Disorderly conduct-Unlawful.
9.50.020 Disrupting lawful assembly.
9.50.030 Obstructing highway or other passageway.
9.50.040 Harassment.
9.50.050 Interference with staff, faculty or students of educational
institutions.
9.50.060 Public buildings-Trespass, interference-Penalty.
9.50.070 Urination and defecation in public.
9.50.080 Public indecency.
9.50.090 Invasion of privacy.
9.50.100 Window peeping.
9.50.110 Criminal tampering.
9.50.120 Aggressive begging prohibited.
9.50.130 Begging in certain locations prohibited.
9.50.010 Disorderly conduct-Unlawful.
A. It is unlawful for any person to intentionally, knowingly or recklessly:
1. Make a coarse and obviously offensive utterance, gesture or display in a
public place when such utterance, gesture or display causes injury or tends
to invite an immediate breach of the peace;
2. Abuse or threaten a person in a public place in an obviously offensive manner
when such abusive or threatening act causes injury or tends to invite immediate
breach of the peace; or
3. Fight with another in a public place except as a participant in a sporting
event.
B. It is an affirmative defense to prosecution under subsection (A)(2) of this
section where the actor has significant provocation for his abusive or threatening
conduct. (Ord. O-77-16 § 2, 1977; Ord. O-74-1 § 1 (part), 1974).
9.50.020 Disrupting lawful assembly.
It is unlawful for any person to disrupt a lawful assembly if, with the intent
to prevent or disrupt any lawful meeting, procession or gathering, he significantly
obstructs or interferes with the meeting, procession or gathering by physical
action, verbal utterances or any other means. (Ord. O-74-1 § 1 (part),
1974).
9.50.030 Obstructing highway or other passageway.
A. It is unlawful for any person without legal authority to intentionally, knowingly, or recklessly:
1. Obstruct a highway, street, sidewalk, railway, waterway, building entrance, elevator, aisle, stairway, or hallway to which the public or a substantial group of the public has access or any other place used for the passage of persons, vehicles, or conveyances, whether the obstruction arises from his acts alone from his acts and the acts of others; or
2. Disobeys a reasonable request or order to move issued by a peace officer or a firefighter while such person is acting under color of his or her official authority, or a person with authority to control the use of the premises, to prevent obstruction of a highway or passageway or to maintain public safety by dispersing those gathered in dangerous proximity to a fire, riot, or other hazard.
3. Obstruct a highway or other passageway where a funeral procession is taking place.
B. For the purposes of this section, “obstruct” means to render impassable to or to render passage unreasonably inconvenient or hazardous. (Ord. O-2006-21 § 13, 2006).
9.50.040 Harassment.
A. A person commits harassment if, with intent to harass, annoy, or alarm another
person, he:
1. Strikes, shoves, kicks, or otherwise touches a person or subjects him to
physical contact; or
2. In a public place directs obscene language or makes an obscene gesture to
or at another person; or
3. Follows a person in or about a public place; or
4. Initiates communication with a person, anonymously or otherwise in writing,
in a manner intended to harass or threaten bodily harm or property damage, or
makes any comment, request, suggestion, or proposal in writing which is obscene;
or
5. Initiates communication with a person, anonymously or otherwise by telephone,
computer, computer network, or computer system in a manner intended to harass
or threaten bodily injury or property damage, or makes any comment, request,
suggestion, or proposal by telephone, computer, computer network, or computer
system that is obscene; or
6. Makes a telephone call or causes a telephone to ring repeatedly, whether
or not a conversation ensues, with no purpose of legitimate conversation; or
7. Repeatedly insults, taunts, challenges, or makes communications in offensively
coarse language to another in a manner likely to provoke a violent or disorderly
response, or
8. Makes repeated communication at inconvenient hours that invade the privacy
of another and interfere in the use and enjoyment of another's home or other
private property; or
9. Makes a credible threat to another person.
B. As used in this section, unless the context otherwise requires, "obscene"
means a patently offensive description of ultimate sexual acts or solicitation
to commit ultimate sexual acts, whether or not said ultimate sexual acts are
normal or perverted, actual or simulated, including masturbation, cunnilingus
fellatio, anilingus, or excretory functions.
C. Any act prohibited by subdivision (4), (5), (6), or (8) of this subsection
(A) may be deemed to have occurred or to have been committed at the place at
which the writing, telephone call, electronic mail, or other electronic communication
was either made or received.
D. "Credible threat" means a threat or physical action that would
cause a reasonable person to be in fear for the person's life or safety or the
safety of his immediate family.
E. "Immediate family" includes the person's spouse and the person's
parent, grandparent, sibling, or child. (Ord. O-2000-44 § 3 & 4, 2000;
Ord. O-97-61 § 1, 1997; Ord. O-97-13 § 5, 1997; Ord. O-94-33 §
30, 1994; Ord. O-87-27 § 6 & 7, 1987; Ord. O-80-24 § 1, 1980;
Ord. O-77-16 § 3, 1977; Ord. O-74-1 § 1 (part), 1974).
9.50.050 Interference with staff, faculty or students
of educational institutions.
A. It is unlawful for any person, on or near the premises or facilities of any educational institution, to willfully deny to students, school officials, employees and invitees:
1. Lawful freedom of movement on the premises; or
2. Lawful use of the property or facilities of such institution; or
3. The right of lawful ingress and egress to the institution’s physical facilities.
B. It is unlawful for any person, on the premises of any educational institution or at or in any building or other facility being used by any education institution, to willfully impede the staff or faculty of such institution in the lawful performance of their duties, or willfully impede a student of such institution in the lawful pursuit of his educational activities, through the use of restraint, coercion or intimidation, or when force and violence are present or threatened.
C. It is unlawful for any person to willfully refuse or fail to leave the property of, or any building or other facility used by, any educational institution upon being requested to do so by the chief administrative officer, his designees charged with maintaining order on the school premises and in its facilities, or a dean of such educational institution, if such person is committing, threatens to commit or incites others to commit any act which would disrupt, impair, interfere with or obstruct the lawful missions, processes, procedures or functions of the institution.
D. It is unlawful for any person with intent to interfere with or disrupt the school program or with intent to interfere with or endanger school children, to loiter in a school building or on school grounds or within one hundred feet of school grounds when persons under the age of eighteen are present in the building or on the grounds, not having any reason or relationship involving custody of, or responsibility for, a pupil or any other specific, legitimate reason for being there, and having been asked to leave by a school administrator or his representative or by a peace officer. “Loiter” means to be dilatory, to stand idly around, to linger, delay, or wander about, or to remain, abide or tarry in a public place.
E. It shall be an affirmative defense that the defendant was exercising his right to lawful assembly and peaceful and orderly petition for the redress of grievances, including any labor dispute between an educational institution and its employees, any contractor or subcontractor, or any employee thereof.
F. A person shall not knowingly make or convey to another person a credible threat to cause death or to cause bodily injury with a deadly weapon against:
1. A person the actor knows or believes to be a student, school official, or employee of an educational institution; or
2. An invitee who is on the premises of an educational institution.
3. For the purposes of this subsection (F), “credible threat” means a threat or physical action that would cause a reasonable person to be in fear of bodily injury with a deadly weapon or death. (Ord. O-2006-21 § 14, 2006; Ord. O-87-27 § 8, 1987; Ord. O-74-1 § 1 (part), 1974).
9.50.060 Public buildings-Trespass, interference-Penalty.
A. It is unlawful for any person to so conduct himself at or in any public building
owned, operated or controlled by the city, the state or any of its political
subdivisions, as to willfully deny to any public official, public employee or
any invitee on such premises, the lawful rights of such official, employee or
invitee to enter, use the facilities of, or to leave, any such public building.
B. It is unlawful for any person, at or in any such public building, to willfully
impede any public official or employee in the lawful performance of duties or
activities through the use of restraint, coercion or intimidation, or by force
and violence or threat thereof.
C. It is unlawful for any person to willfully refuse or fail to leave any such
public building upon being requested to do so by the chief administrative officer,
or designee, charged with maintaining order in such public building, if such
person has committed, is committing, threatens to commit or incites others to
commit any act which did, or would if completed, disrupt, impair, interfere
with or obstruct the lawful missions, processes, procedures or functions being
carried on in such public building.
D. It is unlawful for any person, at any meeting or session conducted by any
judicial, legislative or administrative body or official at, or in, any public
building, to willfully impede, disrupt or hinder the normal proceedings of such
meeting or session by any act of intrusion into the chamber or other areas designated
for the use of the body or official conducting such meeting or session, or by
any act designed to intimidate, coerce or hinder any member of such body or
official engaged in the performance of duties of such meeting or session.
E. It is unlawful for any person, by any act of intrusion into the chamber or
other areas designated for the use of any executive body or official, or in
any public building, to willfully impede, disrupt or hinder the normal proceedings
of such body or official. (Ord. O-94-33 § 31, 1994; Ord. O-74-1 §
1 (part), 1974).
9.50.070 Urination and defecation in public.
It is unlawful for any person to urinate or defecate in the public view, whether
in or on public or private property, except in a room or area designated and
equipped for such purposes. (Ord. O-83-75 § 1, 1983).
9.50.080 Public indecency.
A. It is unlawful for any person to commit public indecency. Any person who performs any of the following in a public place or where the conduct may reasonably be expected to be viewed by members of the public commits public indecency:
1. An act of sexual intercourse; or
2. An act of deviate sexual intercourse; or
3. A lewd exposure of the body done with intent to arouse or to satisfy the sexual desire of any person; or
4. A lewd fondling or caress of the body of another person;or
5. An act of masturbation.
B. For the purposes of this section, “masturbation” means the real or simulated touching, rubbing, or otherwise stimulating of a person’s own genitals or pubic area for the purpose of sexual gratification or arousal of the person, regardless of whether the genitals or pubic area is exposed or covered. (Ord.O-2009-9 § 3, 2009; Ord. O-2007-28 § 7, 2007; Ord. O-85-3 § 1, 1985).
9.50.090 Invasion of privacy.
A. It is unlawful for any person to knowingly take a photograph of another person's
intimate parts without that person's consent, in a situation where the person
photographed has a reasonable expectation of privacy.
B. For the purposes of this section, "intimate parts" means the external
genitalia or the perineum or the anus or the buttocks or the pubes or the breast
of any person.
C. For the purposes of this section, "photograph" includes a photograph,
motion picture, videotape, print, negative, slide, or other mechanically, electronically,
digitally, or chemically reproduced visual material. (Ord. O-2004-35 §
6, 2004; Ord. O-85-3 § 1, 1985).
9.50.100 Window peeping.
A. It is unlawful for any person to knowingly look, peer, or peep in to any
window, door, skylight, or other opening of any dwelling of another, in a situation
where the person being observed has a reasonable expectation of privacy, without
that person's consent, with the intent of spying on another or invading another's
privacy, or going onto another's premises for that purpose.
B. It shall be unlawful for any person to knowingly look, peer, or peep into
any window, door, skylight, or other opening of any dressing room, locker room,
rest room, shower stall, tanning booth, or any area containing bathing facilities
in any commercial business, public facility, or private club, in a situation
where the person being observed has a reasonable expectation of privacy, without
that person's consent, with the intent of observing another person in the act
of dressing or undressing or in a state of nudity.
C. For the purposes of this section, a "state of nudity" means the
appearance of a bare buttocks, anus, male genitals, female genitals, or female
breast.
D. This provision shall not apply to any act committed by a peace officer in
the lawful discharge of his duties. (Ord. O-97-13 § 7, 1997; Ord. O-93-72
§ 1, 1993).
9.50.110 Criminal tampering.
It is unlawful for any person to knowingly tamper with property of another with
intent to cause injury, inconvenience, or annoyance to that person or to another.
(Ord. O-97-40 § 1, 1997; Ord. O-97-13 § 6, 1997).
9.50.120 Aggressive begging prohibited.
A. No person shall engage in aggressive begging in any public place. Aggressive
begging shall mean begging or soliciting accompanied by or followed immediately
by one or more of the following:
1. Intentionally continuing to solicit from a person after the person has given
a negative response to such solicitation;
2. Intentionally making any physical contact with or touching another person
in the course of the solicitation without that person's consent;
3. Intentionally blocking or interfering with the safe or free passage of a
pedestrian or vehicle by any means, including unreasonably causing a pedestrian
or vehicle operator to take evasive action to avoid physical contact in the
course of soliciting;
4. Intentionally using violent or threatening gestures toward a person solicited
which would cause a reasonable person to be fearful for his or her safety;
5. Persisting in closely following behind or alongside, or walking immediately
ahead of a person who has been solicited with the intent of asking that person
for money or other things of value, after the person solicited has informed
the solicitor by words or conduct that such person does not want to be solicited
or does not want to give money or anything of value to the solicitor;
6. Intentionally using profane, threatening, or abusive language, either during
the solicitation or following a refusal to make a donation, which tends to invite
an immediate breach of the peace; or
7. Approaching or following a person for solicitation as part of a group of
two (2) or more persons, in a manner and with conduct, words, or gestures intended
or likely to cause a reasonable person to fear imminent bodily harm or damage
or loss of property or otherwise to be intimidated into giving money or other
thing of value.
B. This Section shall not apply to conduct that is regulated by either Chapter
12.17 or Chapter 12.18 of the Lakewood Municipal Code. (Ord. O-2004-36 §
1, 2004).
9.50.130 Begging in certain locations prohibited.
A. No person shall beg on private property if the owner, tenant, or person in
lawful control of the property has asked the person to leave or has asked the
person to refrain from soliciting on the property, or has posted a sign clearly
indicating that solicitations are not welcome on the property.
B. No person shall beg when either the beggar or the person being solicited
is located within twenty (20) feet of any automated teller machine. Provided,
however, that when an automated teller machine is located within an automated
teller machine facility, such distance shall be measured from the entrance or
exit of the facility.
C. No person shall beg when either the beggar or the person being solicited
is located in any public transportation vehicle or within twenty (20) feet of
any bus or light-rail station or stop.
D. No person shall beg in any public parking lot or public parking structure
to which the public or a substantial number of the public has access.
E. No person shall beg within six (6) feet of an entrance to a building to which
the public has access.
F. No person shall beg when the person being solicited is located within the
patio or sidewalk area of a retail business establishment that serves food and/or
beverages.
G. No person shall beg in a public place during the night. Night shall mean
one-half hour after sunset until one-half hour before sunrise.
H. No person shall beg when either the beggar or the person being solicited
is located within twenty (20) feet of a public toilet.
I. No person shall beg when either the beggar or the person being solicited
is located within twenty (20) feet of any pay telephone provided that when a
pay telephone is located within a telephone booth or other facility, such distance
shall be measured from the entrance or exit of the telephone booth or facility.
J. No person shall beg when the person being solicited is waiting in line for
tickets, for entry into a building, or for another purpose.
K. For the purposes of this Section, the words and phrases used herein, unless
the context otherwise indicates, shall have the following meaning:
1. Automated teller machine shall mean a device, linked to a financial institution's
account record which is able to carry out transactions, including, but not limited
to account transfers, deposits, cash withdrawals, balance inquires, and mortgage
and loan payments.
2. Automated teller machine facility shall mean the area comprised of one (1)
or more automatic teller machines, and any adjacent space, which is made available
to banking customers after regular banking hours.
3. Begging or soliciting are interchangeable terms and shall mean any solicitation
made in person requesting an immediate donation of money or other thing of value.
Purchase of an item for an amount far exceeding its value, under circumstances
where a reasonable person would understand that the purchase is in substance
a donation, is a donation for the purpose of this Section. Begging does not
include passively standing or sitting with a sign or other indication that one
is seeking donations, without addressing any solicitation to any specific person
other than in response to an inquiry by that person.
4. Financial institution shall mean any bank, industrial bank, credit union,
or savings and loan as defined in Title 11 of the Colorado Revised Statutes.
5. Public place shall mean a place to which the public or a substantial number
of the public has access, and includes but is not limited to any street, sidewalk,
highway, parking lot, plaza, transportation facility, school, place of amusement,
park, or playground.
L. This Section shall not apply to conduct that is regulated by either Chapter
12.17 or Chapter 12.18 of the Lakewood Municipal Code. (Ord. O-2004-36 §
2, 2004; Ord. O-97-40 § 1, 1997; Ord. O-97-13 § 6, 1997).
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