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ORDINANCE: 0-2002-46
SUBJECT: Amending Title 9 of the Lakewood Municipal Code pertaining to Public Peace and Safety.
ADDRESS: N/A
RECOMMENDATION: Mayor and City Council approve the proposed ordinance.
FUNDING SOURCE: N/A
SUMMARY AND BACKGROUND OF SUBJECT MATTER:
The proposed ordinance amends Title 9, pertaining to public peace and safety, by making the following changes:
· Resisting arrest. The proposed amendment clarifies that a peace officer includes any person defined by state law as a peace officer who is in uniform or who has displayed his credentials to the person whose arrest is being attempted. Previously, this provision was limited to police agents wearing the uniform of the Lakewood Police Department. This change will allow persons who resist arrest by court marshals to be cited with this criminal offense.
· Unlawful to sell or give ethyl alcohol to an intoxicated person. This
new proposed provision would make it a municipal penal offense to sell, serve,
give away, dispose of, exchange or deliver or permit the sale, serving, giving,
or procuring of any alcoholic beverage to a visibly intoxicated person. Currently
the municipal code covers violations regarding open containers of alcohol, selling
or giving alcohol to a minor, purchase of alcohol by a minor, and possession
of alcohol by a minor. With the exception of the prohibition against selling/serving
alcoholic beverages to a visibly intoxicated person, the municipal code encompasses
all aspects of the unlawful acts contained in the state liquor code. The addition
of the proposed offense to the municipal code would enable police agents to
cite violators into municipal court for all significant liquor violations. This
would allow more continuity in the handling of liquor offenses.
· Criminal Mischief. The criminal mischief provision has been amended
to mirror the recent changes made by the legislature to the state criminal mischief
provision. The amendment clarifies that it is illegal to damage property owned
jointly with another person or property owned by the person in which another
person has a possessory or proprietary interest.
· Obstruction of telephone services. This new proposed provision mirrors a new state statute that was passed recently by the legislature. Frequently, in domestic violence cases, the suspect will pull the telephone out of the wall to keep the victim from calling the police. This new provision specifically outlaws such conduct. Telephone service is defined as including any cordless and wireless devices.
· Theft detection devices. This proposed new penal offense copies the language contained in a new state statute. This new provision would make it a separate crime to disable a theft detection device. Frequently, shoplifters tear off wrappers that contain sensors on products such as DVDs and CDs. Additionally, some thieves line shopping bags or coats with aluminum foil or duct tape. The foil or tape acts as a shield that prevents the sensor from activating an alarm when someone exits a business. This proposed section would enable police agents to cite persons into municipal court for both shoplifting and theft detection device violations.
DATE OF FIRST READING: November 25, 2002
DATE OF SECOND READING: December 9, 2002
ORIGINATED BY: Ronald R. Burns, Chief of Police, 303-987-7102
STAFF PERSON RESPONSIBLE: Janet Young, Deputy City Attorney, 303-987-7108
DOCUMENTS ATTACHED: Ordinance 2002-46
Redline Version
SUBMITTED BY:
Ronald R. Burns, Chief of Police
REVIEWED BY:
Joni Inman, Director Mayor and City Manager's Office
Michael J. Rock, City Manager
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