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Amended September 25, 2006
O-2006-21
AN ORDINANCE
ADDING SECTION 1.16.090 OF TITLE 1 OF THE LAKEWOOD MUNICIPAL CODE PERTAINING TO PENALTY FOR VIOLATIONS, AMENDING SECTIONS 9.12.010, 9.44.030, 9.45.020, 9.45.030, 9.45.040, 9.45.050, 9.45.060, 9.45.070, AND 9.50.050 AND ADDING SECTIONS 9.41.100, 9.43.080, 9.45.090, 9.50.030, AND 9.65.030 OF TITLE 9 OF THE LAKEWOOD MUNICIPAL CODE PERTAINING TO PUBLIC PEACE AND SAFETY, FURTHER DECLARING AN EMERGENCY.
BE IT ORDAINED by the City Council of the City of Lakewood, Colorado, that:
SECTION 1. Section 1.16.090 of the Lakewood Municipal Code is hereby added and shall be as follows:
1.16.090 IDENTITY THEFT VICTIMS
A. 1. A person whose identifying information has been mistakenly associated with an arrest, summons, summons and complaint, or conviction is a victim of identity theft for the purposes of this section.
2. If a criminal charge is not pending, a victim of identity theft may, with notice to the municipal prosecutor, petition the municipal court with jurisdiction over the arrest, summons, summons and complaint, or conviction to judicially determine the person's factual innocence. Alternatively, the municipal court, on its own motion, may make such a determination in the case. If a criminal charge is pending, the municipal prosecutor may request the court to make such a determination. A judicial determination of factual innocence made pursuant to this section may be determined, with or without a hearing, upon declarations, affidavits, or police reports or upon any other relevant material, reliable information submitted by the parties and records of the court.
3. If the municipal court determines that there is no reasonable cause to believe that a victim of identity theft committed the offense for which the victim's identity has been mistakenly associated with an arrest, summons, summons and complaint, or conviction, the municipal court shall find the victim factually innocent of that offense. If the victim is found factually innocent, the court shall issue an order certifying this determination.
B. After the municipal court has determined that a person is factually innocent,
the court may order the name and associated identifying information contained
in court records files, or a criminal justice record to be labeled to show that
the information is not accurate and does not reflect the perpetrator's identity
because the victim of identity theft was impersonated.
C. Any municipal court that has issued a determination of factual innocence
pursuant to this section may at any time vacate that determination if the petition,
or information submitted in support of the petition, contains a material misrepresentation
or fraud. If the court vacates a determination of factual innocence, the court
shall issue an order rescinding any orders made pursuant to this section.
D. For the purposes of this section:
1. "Biometric data" means data, such as fingerprints, voiceprints, or retina and iris prints that capture, represent, or enable the reproduction of the unique physical attributes of an individual.
2. "Identifying information" means information that, alone or in conjunction with other information, identifies an individual, including but not limited to such individual's:
a. Name;
b. Address;
c. Birth date;
d. Telephone, social security, taxpayer identification, driver's license, identification card, alien registration, government passport, or checking, savings, or deposit account number;
e. Biometric data;
f. Unique electronic identification device;
g. Telecommunication identifying device;
3. "Telecommunication identifying device" means a number, code, or magnetic or electronic device that enables the holder to use telecommunications technology to access an account; obtain money, goods, or services; or transfer funds.
SECTION 2. Section 9.12.010 of the Lakewood Municipal Code is hereby amended
and shall be as follows:
9.12.010 BLUE OR 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
3. 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
4. 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.
5. A collector of fire engines, fire suppression vehicles, or ambulances and the vehicle to which the red or blue lamps were affixed is valued for the vehicle's historical interest or as a collector's item.
SECTION 3. Section 9.41.100 of the Lakewood Municipal Code is hereby added and shall be as follows:
9.41.100 UNLAWFUL TO POSSESS ALCOHOL WITHOUT LIQUID
A. Except as otherwise provided in subsection (B) of this section, it is unlawful
for a person to possess, purchase, sell, offer to sell, or use an alcohol-without-liquid
device (AWOL) in this City.
B. This section shall not apply to a hospital, as defined in Section 25.5-1-503(3),
C.R.S., that operates primarily for the purpose of conducting scientific research,
a state institution conducting bona fide research, or to a pharmaceutical company
or biotechnology company conducting bona fide research and that complies with
state law regulating the possession of an AWOL device.
C. For the purposes of this section "AWOL device" means a device, machine, apparatus, or appliance that mixes an alcohol beverage with pure or diluted oxygen to produce an alcohol vapor that an individual can inhale or snort. "AWOL device" does not include an inhaler, nebulizer, atomizer, or other device that is designed and intended by the manufacturer to dispense a prescribed or over-the -counter medication.
SECTION 4. Section 9.43.080 of the Lakewood Municipal Code is hereby added and shall be as follows:
9.43.080 ABUSING TOXIC VAPORS
A. No person shall knowingly smell or inhale the fumes of toxic vapors for the purpose of causing a condition of euphoria, excitement, exhilaration, stupefaction, or dulled senses of the nervous system. No person shall knowingly possess, buy, or use any such substance for the purposes described in this subsection (A), nor shall any person knowingly aid any other person to use any such substance for the purposes described in this subsection (A). This subsection (A) shall not apply to the inhalation of anesthesia or other substances for medical or dental purposes.
B. Any person who knowingly violates the provisions of subsection (A) commits the offense of abusing toxic vapors.
C. For the purposes of this section, the term "toxic vapors" means the following substances or products containing such substances:
1. Alcohols, including methyl, isopropyl, propyl, or butyl;
2. Aliphatic acetates, including ethyl, methyl, propyl, or methyl cellosolve acetate;
3. Acetone;
4. Benzene;
5. Carbon tetrachloride;
6. Cyclohexane;
7. Freons, including freon 11 and freon 12;
8. Hexane;
9. Methyl ethyl ketone;
10. Methyl isobutyl ketone
11. Naphtha;
12. Perchlorethylene;
13. Toluene;
14. Trichloroethane; or
15. Xylene.
A. In a prosecution for a violation of this section, evidence that a container lists one or more of the substances described in subsection (C) of this section as one of its ingredients shall be prima facie evidence that the substance in such container contains toxic vapors and emits the fumes thereof.
SECTION 5. Section 9.44.030 of the Lakewood Municipal Code is hereby amended and shall read as follows:
9.44.030 UNLAWFUL POSSESION OF DRUG PARAPHERNALIA.
A person commits unlawful possession of drug paraphernalia if he possesses drug paraphernalia and knows or reasonably should know that the drug paraphernalia could be used under circumstances in violation of state statute.
SECTION 6. Section 9.45.020 of the Lakewood Municipal Code is hereby amended and shall read as follows:
9.45.020 PROSTITUTION PROHIBITED
A. Any person who performs, offers, or agrees to perform any act of sexual intercourse, anal intercourse, cunnilingus, fellatio, or masturbation with any person not his spouse in exchange for money or other thing of value commits the crime of prostitution.
B. Any person while giving a massage or while appearing nude or semi-nude,
who permits or encourages another person not his spouse to masturbate in exchange
for money or other thing of value commits the crime of prostitution.
SECTION 7. Section 9.45.030 of the Lakewood Municipal Code is hereby amended
and shall read as follows:
9.45.030 SOLICITING FOR PROSTITUTION
A. Any person who does any of the following commits the crime of soliciting for prostitution:
1. Solicits another for the purpose of prostitution;
2. Arranges or offers to arrange a meeting of persons for the purpose of prostitution;
3. By word, gesture, or action, endeavors or arranges to further the practice of prostitution or to obtain the services of a prostitute; or
4. Directs another to a place knowing such direction is for the purposes of prostitution.
SECTION 8. Section 9.45.040 of the Lakewood Municipal Code is hereby amended and shall be as follows:
9.45.040 PANDERING
Any person who for money or other thing of value knowingly arranges or offers to arrange a situation in which a person may practice prostitution commits the crime of pandering.
SECTION 9. Section 9.45.050 of the Lakewood Municipal Code is hereby amended and shall be as follows:
9.45.050 KEEPING A PLACE OF PROSTITUTION
A. Any person who has or exercises control over the use of any place which offers seclusion or shelter for the practice of prostitution and who performs any one or more of the following commits the crime of keeping a place of prostitution:
1. Knowingly grants or permits the use of such place for the purpose of prostitution;
or
2. Permits the continued use of such place for the purpose of prostitution after
becoming aware of facts or circumstances from which he should reasonably know
that the place is being used for purposes of prostitution.
SECTION 10. Section 9.45.060 of the Lakewood Municipal Code is hereby amended
and shall be as follows:
9.45.60 PATRONIZING A PROSTITUTE
A. Any person who offers or agrees to pay money or other thing of value to a person not his spouse in exchange for the performance of an act of sexual intercourse commits the crime of patronizing a prostitute.
B. Any person who enters or remains in a place of prostitution, with intent to engage in an act of sexual intercourse with a person not his spouse, in exchange for the payment of money or other thing of value, commits the crime of patronizing a prostitute.
SECTION 11. Section 9.45.070 of the Lakewood Municipal Code is hereby amended
and shall be as follows:
9.45.070 PROSTITUTE MAKING DISPLAY
Any person who by word, gesture, or action, endeavors to further the practice
of prostitution in any public place or within public view commits the crime
of prostitute making display.
SECTION 12. Section 9.45.090 of the Lakewood Municipal Code is hereby added
and shall read as follows:
9.45.090 VIOLATION OF PROBATION FOR PROSTITUTION OFFENSE.
A peace officer may arrest any person placed on probation for a violation
of this chapter when that peace officer has probable cause to believe that the
conditions of probation or other terms of probation or any other order of the
municipal court relating to sentencing of the probationer have been violated.
Any probationer who has been arrested under these circumstances shall be brought
before the municipal court. Any probationer so arrested shall have all the rights
afforded by the provisions of the Lakewood Municipal Code to a person incarcerated
before trial on criminal charges and may be admitted to bail pending probation
revocation hearing. Alternatively, if facts are presented to the court upon
application of the city attorney or the probation division from which it reasonably
appears that the conditions of probation for a violation this chapter have been
violated by any person on probation, the court shall issue a warrant for the
arrest of the probationer for violation of the conditions of probation and require
that person to be brought before the court. The probation revocation hearing
shall be held in compliance with Section 1.16.020 of the Lakewood Municipal
Code.
SECTION 13. Section 9.50.030 of the Lakewood Municipal Code is hereby added
and shall read as follows:
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.
SECTION 14. Section 9.50.050 of the Lakewood Municipal Code is hereby amended and shall read as follows:
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.
SECTION 15. Section 9.65.030 of the Lakewood Municipal Code is hereby added
and shall read as follows:
9.65.30 THEFT BY RECEIVING
A. It is unlawful for any person to receive, retain, loan money by pawn or pledge on, or dispose of anything of value of another, knowing or believing that said thing of value has been stolen, and when he intends to deprive the lawful owner permanently of the use or benefit of the thing of value.
B. This section shall not apply to goods, wares, or merchandise of a value of five hundred dollars or more.
SECTION 16. Emergency. This ordinance is necessary for the immediate
preservation of the City of Lakewood's health, safety and welfare, in order
to bring Lakewood's ordinances into compliance with state statutes.
SECTON 17. This ordinance shall take effect upon the Mayor's signature.
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 11th day of September, 2006; published by title in the Rocky Mountain News and in full on the City of Lakewood's website, www.lakewood.org, on the 14th day of September, 2006; set for public hearing on the 25th day of September, 2006, read, finally passed and adopted by the City Council on the 25th day of September, 2006, and, signed and approved by the Mayor on the 26th day of September, 2006.
Stephen A. Burkholder, Mayor
ATTEST:
Margy Greer, City Clerk
APPROVED AS TO FORM:
Roger Noonan, City Attorney
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