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O-2004-35
AN ORDINANCE
AMENDING SECTION 1.16.080 OF TITLE 1 OF THE LAKEWOOD MUNICIPAL CODE PERTAINING TO PENALTY FOR VIOLATIONS, AMENDING SECTIONS 9.08.010, 9.10.030, 9.12.010, 9.20.050, 9.70.020 AND 9.70.025 AND ADDING SECTIONS 9.50.090, 9.92.020, AND 9.92.030 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. Section 1.16.080 of the Lakewood Municipal Code is hereby amended and shall read as follows:
1.16.080 PROTECTION ORDER AGAINST DEFENDANT.
A. The Municipal Judge is empowered to issue a protection order against any person charged with a violation of any of the provisions of Title 9 of the Lakewood Municipal Code, pertaining to domestic violence as defined hereafter, which protection order shall remain in effect from the time that the person is advised of his or her rights at arraignment or the person's first appearance before the court and informed of such order until final disposition of the action. Such protection order shall restrain the person charged from harassing, molesting, intimidating, retaliating against, or tampering with any witness to or victim of the acts charged. The protection order issued pursuant to this section shall be on a standardized form prescribed by the judicial department and a copy shall be provided to the protected parties.
B. At the time of arraignment or the person's first appearance before the court, the court shall inform the defendant of any protection order issued pursuant to this section and shall inform the defendant that a violation of such protection order is punishable as the crime of violation of protection order. The court shall state the terms of the protection order issued pursuant to the section, including any additional provisions added pursuant to subsection (C) of this section, to the defendant on the record and the court shall further require the defendant to acknowledge the protection order as a condition of any bond for the release of the defendant. The prosecuting attorney shall, in such domestic violence cases, notify the alleged victim, and the complainant, and the protected person of the order if such persons are not present at the time the protection order is issued.
C. Nothing in this section shall preclude the defendant from applying to the court at any time for modification or dismissal of the protection order issued pursuant to this section or the city attorney from applying to the court at any time for further orders, additional provisions under the protection order, or modification or dismissal of the same, as set forth in subsection (E) of this section. Upon motion of the city attorney, or on the court's motion to protect the alleged victim, the court may, in cases involving domestic violence as defined hereinafter, enter any of the following orders against the defendant:
1. An order to vacate or stay away from the home of the alleged victim and to stay away from any other location where the alleged victim is likely to be found;
2. An order to refrain from contact or direct or indirect communication with the alleged victim;
3. An order prohibiting possession or control of firearms or other weapons;
4. An order prohibiting possession or consumption of alcohol or controlled substances; and
5. Any other order the court deems appropriate to protect the safety of the alleged victim.
D. Any person failing to comply with a protection order issued pursuant to this section commits the crime of violation of a protection order as set forth in Title 18, C.R.S. and Section 9.20.050 of the Lakewood Municipal Code.
E. The defendant or the prosecuting attorney may request a hearing before the court to modify the terms of a protection order issued pursuant to his section. Upon such a request, the court shall set a hearing and shall send notice of the hearing to the defendant and the alleged victim. At the hearing, the court shall review the terms of the protection order and any further orders entered and shall consider the modifications, if any, requested by the defendant or the prosecuting attorney. The court on its own motion may modify the terms of the protection order.
F. The duties of the peace officers enforcing such orders issued pursuant to this section shall be in accordance with Section 18-6-803.5, C.R.S. and any rules adopted by the Colorado Supreme Court pursuant to said section.
G. "Domestic violence" means an act or threatened act of violence upon a person with whom the actor is or has been involved in an intimate relationship. "Domestic violence" also includes any other crime against a person or against property or any municipal ordinance violation against a person or against property, when used as a method of coercion, control. Intimidation, or revenge directed against a person with whom the actor is or has been involved in an intimate relationship.
H. "Intimate relationship" means a relationship between spouses, former spouses, past or present unmarried couples, or persons who are both the parents of the same child regardless of whether the persons have been married or have lived together at any time.
I. "Until final disposition of the action" means until the case is dismissed, until the defendant is acquitted, or until the defendant completes his or her sentence. Any defendant sentenced to probation or incarceration shall be deemed to have completed his or her sentence upon discharge from probation or incarceration, as the case may be.
SECTION 2. Subsection 9.08.010 (B) of the Lakewood Municipal Code is hereby amended and shall be as follows:
9.08.010 UNLAWFUL TO IMPERSONATE POLICE OFFICER
B. It is unlawful for any person to falsely claim, pretend, or hold himself out to be a sheriff, deputy sheriff, marshal police agent, or other peace officer or law enforcement officer of any kind in the state, county, or any town or city.
SECTION 3. Subsection 9.10.030 (B) of the Lakewood Municipal Code is hereby amended and shall be as follows:
9.10.030 RESISITING ARREST - ESCAPING - RESCUING A PRISONER
B. "Peace officer" as used in this section, means any person defined as a peace officer by Section 16-2.5-101, Colorado Revised Statutes, who is in uniform or, if out of uniform, one who has identified himself by displaying his credentials as a peace officer to the person whose arrest is being attempted.
SECTION 4. Section 9.12.010 of the Lakewood Municipal Code is hereby amended and shall be as follows:
9.12.010 BLUE AND RED LIGHTS - ILLEGAL USE OR POSSESSION.
(A) A person shall not be in actual physical control of a vehicle, except an authorized emergency vehicle as defined in Section 42-1-102(6), C.R.S. that the person knows contains a lamp or device that is designed to display, or that is capable of displaying if affixed or attached to the vehicle, a red or blue light visible directly in front of the center of the vehicle.
(B) It shall be an affirmative defense that the defendant was:
(1) A peace officer as described in Section 16-2.5-101, C.R.S.; or
(2) In actual physical control of a vehicle expressly authorized by a chief of police or sheriff to contain a lamp or device that is designed to display, or that is capable of displaying if affixed or attached to the vehicle, a red or blue light visible from directly in front of the center of the vehicle; or
(C) A member of a volunteer fire department or a volunteer ambulance service who possesses a permit from the fire chief of the fire department or chief executive officer of the ambulance service through which the volunteer serves to operate a vehicle pursuant to Section 42-4-222 (1)(b) C.R.S.; or
(D) A vendor who exhibits, sells, or offers for sale a lamp or device designed to display, or that is capable of displaying, if affixed or attached to the vehicle, a red or blue light.
SECTION 5. Section 9.20.050 of the Lakewood Municipal Code is hereby amended and shall be as follows:
9.20.050 VIOLATION OF PROTECTION ORDER.
A. It is unlawful for any restrained person to commit an act, which is prohibited by a court order issued by a Lakewood Municipal Judge pursuant to Section 1.16.080 of the Lakewood Municipal Code or for such restrained person to fail to perform any act mandated by such an order, after such restrained person has been properly served with a copy of any such order or has received actual notice of the existence and substance of such protection order.
B. Any jail sentence imposed for violation of subsection (A) of this section shall run consecutively and not concurrently with any jail sentence imposed for any offense or offenses, which gave rise to the issuance of the order.
C. No person charged with the violation of a protection order issued pursuant to Section 1.16.080 of the Lakewood Municipal Code shall be permitted, in the criminal action resulting from a violation of said order, to collaterally attack the validity of the order, which such person is accused of violating.
D. As used in this section, "restrained person" means the person identified in the protection order as the person prohibited from doing the specified act or acts or the person ordered to the specified act or acts.
SECTION 6. Section 9.50.090 is hereby added and shall read as follows:
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.
SECTION 7. Subsection 9.70.020 (C) is hereby amended and shall read as follows:
9.70.020 UNLAWFULLY CARRYING A CONCEALED WEAPON.
C. As used herein, "knife" means any dagger, dirk, knife, or stiletto with a blade over three and-one-half inches in length, or any dangerous instrument capable of inflicting cutting, stabbing, or tearing wounds, but does not include a hunting or fishing knife which is being carried for sports use. The blade includes the entire edge beyond the knife handle, regardless of whether it is serrated. The issue that a knife is a hunting or fishing knife must be raised as an affirmative defense.
SECTION 8. Subsection 9.70.025 (B) is hereby amended and shall read as follows:
9.70.025 UNLAWFULLY CARRYING A CONCEALED WEAPON IN PRIVATE VEHICLE.
B. As used herein, "knife" means any dagger, dirk, knife, or stiletto with a blade over three and-one-half inches in length, or any dangerous instrument capable of inflicting cutting, stabbing, or tearing wounds, but does not include a hunting or fishing knife which is being carried for sports use. The blade includes the entire edge beyond the knife handle, regardless of whether it is serrated. The issue that a knife is a hunting or fishing knife must be raised an affirmative defense.
SECTION 9. Section 9.92.020 of the Lakewood Municipal Code is hereby added and shall be as follows:
9.92.020 PURPOSE OF TITLE, STATUTORY CONSTRUCTION.
With the exception of Chapter 9.02 and Chapter 9.85, it is the intent and purpose of this title to criminalize the conduct set forth in Title 9. The provisions in Title 9 that are similar to conduct that has been designated as a criminal offense under the Colorado Criminal Code, Title 18 C.R.S., shall constitute unlawful conduct under the Lakewood Municipal Code. Unless otherwise stated by a specific provision within Title 9, upon conviction such conduct shall be punished as specified in Section 1.16.020.
SECTION 10. Section 9.92.030 of the Lakewood Municipal Code is hereby added and shall be as follows:
9.92.030 PLACE OF TRIAL.
Any act prohibited by Title 9 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.
SECTION 11. 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 26th day of July, 2004; published in full in the Lakewood Sentinel on the 29th day of July, 2004; set for public hearing on the 9th day of August, 2004; read, finally passed and adopted by the City Council on the 9th day of August, 2004; and, signed and approved by the Mayor on the 10th day of August, 2004.
Stephen A. Burkholder, Mayor
ATTEST:
Margy Greer, City Clerk
Approved as to form:
City Attorney
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