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O-2004-14
AN ORDINANCE
AMENDING THE LAKEWOOD MUNICIPAL CODE, SECTION 1.04.010 RELATING TO THE DEFINITION OF PEACE OFFICER AND SECTION 2.20.155 RELATING TO THE AUTHORITY OF COURT MARSHALS; FURTHER DECLARING AN EMERGENCY
WHEREAS, House Bill 04-1218 entitled "A Bill for an Act Concerning Court Marshals" amended the definition of peace officers; and,
WHEREAS, as a result of the adoption of House Bill 04-1218 it is necessary to amend the definition of peace officer in the Lakewood Municipal Code and to amend the authority of the court marshals.
NOW, THEREFORE, BE IT ORDAINED By The City Council of The City of Lakewood, Colorado, That:
Section 1. The definition of peace officer as set forth in Section 1.04.010 of the Lakewood Municipal Code is amended to read as follows:
"Peace Officer." For the purpose of interpreting or construing any
ordinance, resolution, rule, regulation, 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, rule, regulation or charter provision.
"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, search and seizure conferred by the ordinance, resolution, rule,
regulation, or charter provision, 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. Section 2.20.155 of the Lakewood Municipal Code is amended to read
as follows:
2.20.155 Marshals-Authority.
1. A Municipal Court marshal is a peace officer, as defined in Article 2.5
of Title 16, C.R.S., while engaged in the performance of his or her duties whose
enforcement authority and responsibilities shall be restricted to the following:
A. To provide security within the building commonly referred to as the Lakewood
Public Safety Center, its grounds and parking areas;
B. To serve subpoenas, summonses, show cause orders, and all other legal process
within the municipal limits issued by the Municipal Court;
C. To conduct investigative work relative to locating individuals named in
legal process issued by the Municipal Court;
D. To transport, detain, and maintain control over prisoners en route to and
from the lawful place of detention for such prisoners;
E. To cooperate with and, upon request, assist the Lakewood Police Department
within the city;
F. To serve and execute arrest warrants issued by the Municipal Court within
the corporate City boundaries and to serve and execute other arrest warrants
within the building commonly referred to as the Lakewood Public Safety Center,
its grounds and parking areas; and,
G. To issue a summons and complaint for any violation of the Lakewood Municipal
Code that occurs on the premises of the Lakewood Public Safety Center, its grounds
and parking areas.
2. Regardless of the limitations set forth in Subsection (1) of this provision,
marshals shall have the authority to take enforcement action, while on-duty
within the City of Lakewood, when a felony or misdemeanor has been or is being
committed in their presence. The Lakewood Police Department shall be immediately
notified of any such arrest and any person arrested shall be released to the
custody of the police department.
Section 3. Emergency. This Ordinance is necessary for the immediate preservation
of the City of Lakewood's peace, health and safety. It is necessary to amend
the Lakewood ordinances herein in order to comport with the requirements of
House Bill 04-1218.
Section 4. This Ordinance shall take effect upon the signature of the Mayor.
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 10th day of May, 2004, published in full in the Lakewood Sentinel on the 13th day of May, 2004; set for public hearing on the 24th day of May, 2004; and signed and approved by the Mayor on the 25th day of May, 2004.
Stephen A. Burkholder, Mayor
ATTEST:
Margy Greer, City Clerk
Approved as to form:
City Attorney
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