HomeMy WebLinkAbout182 - 12/17/2024 - AMENQING SECTION 17-126 OF THE CODE OF THE CITY OF FORT COLLINS TO REMOVE THE PHRASE "INTENDED TO HAORDINANCE NO. 182, 2024
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENQING SECTION 17-126 OF THE CODE OF THE CITY OF
FORT COLLINS TO REMOVE THE PHRASE "INTENDED TO
HARASS" AND TO AMEND "HE OR SHE" TO "THEM"
A.On March 28, 2022, the Colorado Supreme Court issued an opinion in
People v. Moreno, 506 P.3d 849 (Colo. 2022), that found that the phrase "intended to
harass" in Colorado Revised Statutes Section 18-9-111(1)(e), was overbroad and
unconstitutional.
B.Curre ntly the analo gous City Code Section 17-126(a)(4) includes the same
phrase "intended lo harass" which is identical language to the portion of the stale statute
deemed unconstitutional.
C.This Code amendment is only necessary for the crime of harassment
contained in City Code Section 17-126(a)(4); therefore no other subsections of Section
17-126 or other sections of City Code are impacted.
D.Additionally, the current Code section uses "he or she". To be inclusive, it is
proposed to change the language to "them" or "they".
In light of the foregoing recitals, which the Council hereby makes and adopts as
determinations and findings, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS that Section 17-126 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 17-126. - Harassment.
(a)A person commits harassment if, with intent lo harass, annoy or alarm another
person, they:
(1)Strike, shove, kick or otherwise touch a person or subject them to physical
contact; or
(2)In a public place direct obscene language or make an obscene gesture to
or at ano ther person; or
(3)Follow a person in or about a public place; or
(4)Initiate communication with a person, anonymously or otherwise, by
telephone, telephone network, data network, text message, instant message,
computer, compute,r network or computer system in a manner intended to threaten
bodily injury or property damage, or make any comment, request, suggestion or
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proposal by telephone, computer, computer network or computer system which is
obscene;or
(5)Make a telephone call or cause a telephone to ring repeatedly, whether or
not a conversation ensues, with no purpose of legitimate conversation; or
(6)Make repeated communications at inconvenient hours that invade the
privacy or another and interfere in the use and enjoyment of another's home or
private residence or other private property; or
(7)Repeatedly insult, taunt or challenge another in a manner likely to provoke
a violent or disorderly response.
Introduced, considered favorably on first reading on December 3, 2024, and
approved on second reading for final passage on the December 17, 2024.
ATTEST:
Effective Date: December 27, 2024
Approving Attorney: Alyssa Bamonti
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