HomeMy WebLinkAbout066 - 06/04/1996 - AMENDING CITY CODE PERTAINING TO DISORDERLY CONDUCT ORDINANCE NO. 66, 1996
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING SECTION 17-124 OF THE CITY CODE
PERTAINING TO DISORDERLY CONDUCT
WHEREAS, the Colorado Supreme Court recently declared a portion of the State's
disorderly conduct statute unconstitutional; and
WHEREAS, the provision of the statute that was struck down is found at C.R.S. §18-9-
106(1)(b), the wording of which is essentially identical to that portion of the City's disorderly
conduct ordinance found at Section 17-124(a)(2) of the City Code; and
WHEREAS, in declaring this provision of the statute unconstitutional, the Supreme Court
suggested that the constitutional defect could be remedied by adding a"fighting words" exception
to the provision; and
WHEREAS, since the language of Section 17-124(a)(2) is identical to the language of the
State statute, it too is unconstitutional but such unconstitutionality can be remedied as well by adding
a "fighting words" exception to Section 17-124(a)(2); and
WHEREAS, Council has determined that it is necessary in the interest of the public health,
safety and welfare to amend Section 17-124(a)(2) of the City Code by adding a "fighting words"
exception.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS that subparagraph (2) of paragraph (a) of Section 17-124 of the City Code is hereby
amended to read as follows:
Sec. 17-124. Disorderly conduct.
(a) It is unlawful for any person to intentionally, knowingly or recklessly:
(1) Make a coarse and obviously offensive utterance, gesture or display in a public
place when such utterance, gesture or display tends to incite an immediate breach of the
peace; or
(2) Abuse or threaten a person in a public place in an obviously offensive manner
that tends to incite an immediate breach of the peace; or
(3) Fight with another in a public place except in an amateur or professional contest
of athletic skill; or
(4) Not being a peace officer,display a deadly weapon in a public place in a manner
calculated to alarm.
Introduced, considered favorable on first reading, and ordere,�lished this 2 ay f May,
A.D. 1996, and to be presented for final passage on the 4th�&'y one, A.D.j 6.
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Mayor
ATTEST:
City Cler
Passed and adopted on final reading this 4th day of June, 4d3: 996.
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City Clerk