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HomeMy WebLinkAbout053 - 12/12/1968 - CONCERNING CHAPTER 18 OF THE CITY CODE ENTITLED 'OFFENSES GENERALLY', AMENDING SECTION 18-33.1(E), ( 1� ORDINANCE NO 1968, BEIN ORDINANCE CONCERNING CHAPTER 18 OF THE CODE OF ORDINANCES OF THE CITY OF FORT COLLINS, COLORADO, 1958, AS AMENDED, ENTITLED ' OFFENSES GEN AL Y", AMENDING SECTION 18-33 1 (e),(ADD]NG NEW SECTIONS CONCERNING LOITERING OR PROWLING, FAILURE TO LEAVE SCHOOL GROUNDS- OR CAMPUS, UNLAWFUL ASSEMBLY, 1ISORDERLY CONDUCT, AND DBSTRUCTINL PUBLIC STREETS AND PLACES WHEREAS, the City Council of the City of Fort Collins deems it in the furtherance of the public interest that certain of the laws of the City of Fort Collins be amended and others enacted, all as more particularly set forth herein NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS THAT Section 1 Section 18-33 1(e) entitled "Congregating on private property, when" be and the same hereby is repealed and re-enacted to read as follows Section 18-33 l(e) Congregating on private or public property, when Congregate or remain in any place of business, private residence or any public, private or parochial school, college, university, or seminary buildings, grounds or parts thereof within the City of Fort Collins against the will of the proprietor or person in charge of such premises after having been requested by such person to vacate such premises or parts thereof Section 2 Section 18-33 1 entitled "Offenses agaa.nst public peace" be and the same hereby is amended by adding new provisions to read as follows Section 18-33 l(f) Loitering or Prowling ' To loiter or prowl in any place, at a time and under circumstances that warrant alarm for the safety of persons or property in the vicinity Among the circum- stances which may be considered in determining whether such alarm is warranted is the fact that said person takes flight upon the appearance of a police officer, or manifestly endeavors to conceal himself or any object Unless flight by said person or other circumstances makes it impracticable, a police officer shall, prior to any arrest for an offense hereunder, afford saa.d person an opportunity to dispel any alarm which would otherwise be warranted by offering a credible account of his presence or conduct Section 18-33 l(g) Failure to leave school grounds or campus (a) Who is not a student or officer or employee of any public, private or parochial school, the Colorado State University or any other college, university or seminary, and who is not required by his employment to be in any building, or upon any grounds of any public, private or parochial school, in any building or on the campus or any other facility owned, operated or controlled by the Colorado State University, or by any other college, university or seminary, to enter such building, grounds, campus or other facility and, (1) When it reasonably appears to the chief administrative officer of such public, private, parochial school, the Colorado State University, or any other college, university, or seminary, that such person is committing any act likely to interfere with the peaceful conduct of the activities carried on in such building, grounds, campus or other facilities, or, (2) When it reasonably appears to such chief administrative officer that said person has entered the building, grounds, campus or other facility owned, operated or controlled by any public, private or parochial school, the Colorado State University, or any other college, university or seminary, for the purpose of committing any act likely to interfere with the peaceful conduct of the activities carried on in such building, grounds, campus or other facility, or, (3) When it reasonably appearsto such chief administrative officer that said person has entered the building, grounds, campus, or other facility owned, operated, or controlled by any other public, private or parochial school, the Colorado State University or any other college, university or seminary, for the purpose of advocating, teaching, inciting, proposing, aiding, abetting, encouraging, the unlawful injury or destruction of private or public property by the use of physical force or violence or physical injury or the unlawful injury by the use of physical force or violence of any person or the violation of any state law, City Ordinance, or rule of such school, university, or college, and (b) To fail or refuse to obey the request or order of the chief administrative officer to leave such building, grounds, campus or other facility (c) Definitions As used in Section 18-33 l(g), "Failure to leave school grounds or campus " (1) "Public School" means the schools of the Poudre School District R-1 (2) "Private or parochial school" means any institution engaged in providing elementary or high school education (3) "Colorado State University" means the State Board of Agriculture and the Colorado State University (4) College, university or seminary" means any organization, public, private or parochial, which is engaged in operating an institution of higher learning (5) "Chief administrative officer" means the Superintendent of the Poudre School District R-1, or the principal of any school within said District, the principal of any private or parochial school, the President of the Colorado State University, or the president, superintendent, or chief executive officer of any other college, university, or seminary It also includes the officer or employee designated by the foregoing persons of the institutions herein enumerated as having the responsibility to maintain order in a given school building, school grounds, campus or other facility Section 18-33 1(h) Unlawful Assembly, Failing to Disperse (a) Participate with two or more others in a course of disorderly conduct (1) With a purpose to commit or facilitate the commission of an unlawful act, or, (2) With the purposeio prevent or coerce official action, or, (3) When said person or any other participant to the knowledge of the former uses or plans to use a firearm or other dangerous or deadly weapon (b) It shall be unlawful for three or more persons participating in a course of disorderly conduct likely to cause substantial harm or serious inconvenience, annoyance, or alarm, to refuse or fail to disperse upon a request or order to disperse issued by a police officer (c) Disorderly Conduct Defined A person is guilty of disorderly conduct if, with the purpose of causing public inconvenience, annoyance or alarm, or creating a risk thereof, he (1) Engages in fighting or threatening, or in violent or tumultuous behavior or, (2) Makes unreasonable noise or offensively coarse utterances, gestures or display, or addresses foul or patently offensive words, language, gestures, things or acts to any person present, or, (3) Creates a hazardous or physically offensive condition by any act which serves no legitimate purpose and ' public" means affecting or likely to affect persons in a place to which the public or a substantial group has access Among such places are included public -2- streets, alleys, places, or public buildingq, or party thereof and shall include any places of business or amusement while Said buildings, places of business or amusement are open to the public Section 18-33 l(i) Ob9tructing Public Streetq, Placeq or Buildings (a) Without legal privilege to do so, obstruct any public street, alley, sidewalk, way, place or building, or part thereof, whether alone or with others and who, after waxming by a police officer, pergigtq in so obstructing the same To "obstruct' means rendering impassible without reasonable inconvenience or hazard No person shall be deemed to have violated this section solely because of a gathering of pergonq to heax him Speak or otherwige communicate or solely because of being a member of such gathering (b) A person in a gathering or congregation of persons commitq a violation if he refugeq to obey a reasonable request or order by a police officer to move (1) To prevent obstruction of a public street, alley, sidewalk, public way, place or building or part thereof or, (2) To maa.ntain public safety by dispersing tho9e gathered in dangerouq proximity to a fire or hazard A request or order to move addressed to a person whose speech or other lawful behavior attracts an obstructing audience shall not be deemed reasonable if the obstruction can readily be remedied by police control of the size or location of the gathering (c) "Public' for the purpo�eq of this section meanq affecting or likely to affect persons in a place to which the public or a substantial group has access, among said places are included public streets, alleys, places, public buildings or party thereof and shall include any places of buginegq or amusement while said buildings, places of business or amusement are open to the public Introduced, considered fa�orablf on first reading and ordered published this 27V, daj of Nolronber, A D , 1963 and to nP presented for final passa-e on the 12th dar of December, A P , 1968 ATTFST ilia,P6 r Citj Cl rk Passed and adopted on final reading this 12th day of Decenber, A P , 1968 ATTEST Ma,,ro Citj e