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HomeMy WebLinkAbout148 - 12/17/1985 - AMENDING CITY CODE RELATING TO PEACE AND GOOD ORDER ORDINANCE NO. 148, 1985 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING CHAPTER 84 OF THE CODE OF THE CITY OF FORT COLLINS RELATING TO PEACE AND GOOD ORDER BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS: Chapter 84 (Peace and Good Order) of the Code of the City of Fort Collins is hereby amended as follows: Section 1. Section 84-1E is repealed and readopted as follows : E. Trespass. No person shall , without legal privilege, enter a motor vehicle of another, or enter or remain upon the premises of another, including but not limited to any place of business, private residence or public, private or parochial school , college, university or seminary buildings or grounds, place restricted to use by persons of one sex or another (including a restroom, dressing room or locker room) , whether contained in publicly or privately-owned buildings, or parts thereof, or fail or refuse to remove himself from said premises when requested to leave by the owner, occupant or person having lawful control thereof. Section 2. Section 84-1F is repealed and readopted as follows: F. Disorderly conduct. (1) It is unlawful for any person to intentionally, knowingly or recklessly: (a) Make a coarse and obviously offensive utterance, gesture ' or display in a public place and the utterance, gesture or display tends to incite an immediate breach of the peace; or (b) Abuse or threaten a person in a public place in an obviously offensive manner ; or (c) Fight with another in a public place except in an amateur or professional contest of athletic skill ; or (d) Not being a peace officer, display a deadly weapon in a public place in a manner calculated to alarm. (2) It is an affirmative defense to prosecution under subsection F(1)(b) of this section that the actor had significant provocation for his abusive or threatening conduct. Section 3. Section 84-2C is repealed and readopted as follows : C. Nudity; indecent exposure. No person shall knowingly appear in any public place in the City in a nude state or state of undress such that the genitals or buttocks of either sex or the breast or breasts of a female are exposed. Section 4. Section 84-2D is repealed in its entirety. Section 5. Section 84-2E is repealed and readopted as follows: E. Use of vulgar, profane or indecent language. No person shall use any vulgar, profane or indecent language in any public place. Section 6. In Section 84-2K the definition of "public place" is repealed. Section 7. Section 84-3A is repealed and readopted as follows: A. Criminal mischief. No person shall knowingly injure, damage or destroy the real or personal property of one or more other persons in the course of a single criminal episode where the aggregate damage to the real or personal property is less than three hundred dollars ($300.00) . Section 8. Section 84-3E is added as follows: E. Theft. No person shall knowingly obtain or exercise control over anything of value of less than three hundred dollars ($300.00) of another without authorization, or by threat or deception, when such person: ( 1) Intends to deprive the other person permanently of the use or benefit of the thing of value; or (2) Knowingly uses , conceals, or abandons the thing of value in such manner as to deprive the other person permanently of its use or benefit; or (3) Uses, conceals, or abandons the thing of value intending that such use, concealment, or abandonment will deprive the other person permanently of its use or benefit; or (4) Demands any consideration to which he is not legally entitled as a condition of restoring the thing of value to the other person. Section 9. Section 84-3F is added as follows: F. Theft of rental property. No person shall : (1) Obtain the temporary use of personal property of another, which is available only for hire, by means of threat or deception, or knowing that such use is without the consent of the person providing the personal property; or (2) Having lawfully obtained possession for temporary use of the personal property of another which is available only for hire, knowingly fail to reveal the whereabouts of or to return said property to the owner thereof or his representative or to the person from whom he has received it within seventy-two (72) hours after the time at which he agreed to return it where the value of the thing involved is less than three hundred dollars ($300.00). Section 10. Section 84-3G is added as follows: G. Concealment of goods . If any person willfully conceals unpurchased goods, wares, or merchandise valued at less than three hundred dollars ($300.00) owned or held by and offered or displayed for sale by any store or other mercantile establishment , whether the concealment be on his own person or otherwise and whether on or off the premises of said store or mercantile establishment , such concealment constitutes prima facie evidence that the person intended to commit the crime of theft. Section 11. Section 84-4B is repealed and readopted as follows : B. False report of crime. No person shall make to or file with the Police Department of the city or the Colorado State University Police Department any false or misleading statement or report concerning the commission or alleged commission of any crime occurring within the city. Section 12. Section 84-4C is repealed and readopted as follows : C. Interference with public officers . ( 1) Interference. No person shall knowingly resist, interfere with, impede or obstruct any police officer, firefighter, city employee or other public official who is attempting to discharge or is in the course of discharging an official duty. (2) Resisting arrest. (a) No person shall prevent or attempt to prevent a peace officer, acting under color of his official authority, from effecting an arrest of any person by: (1) Using or threatening to use physical force or violence against the peace officer or another; or (2) Using any other means which creates substantial risk of causing physical injury to the peace officer or another. (b) A peace officer is "acting under color of his official authority" when, in the course of his duties, he is called upon to make or does in fact make a good faith judgment based on surrounding facts and circumstances that an arrest should be made. It is no defense to a prosecution under this section that the arrest was unlawful if the peace officer was acting under color of his official authority and did not use unreasonable or excessive force in effecting the arrest. (3) Assisting an escape. No person shall offer or endeavor to assist any person in the custody of a police officer, member of the Police Department or person duly empowered with police authority, to escape or to attempt to escape from such custody. (4) Impersonating a police officer, firefighter or city official . No person other than a police officer of the city or firefighter with the Poudre Fire Authority shall wear or carry the uniform, apparel , badge, identification card or any other insignia of office like or similar to, or a colorable imitation of, that adopted or worn or carried by police officers or firefighters, respectively. Nor shall any person in any other way falsely represent himself to be a police officer, firefighter or other official of the city, nor shall any person not so authorized exercise any duty, power or function of a police officer, firefighter or other official of the city. (5) Refusing to assist. No person shall refuse to assist any police officer in making any arrest or quelling any disturbance when requested by such officer to do so. Section 13. Section 84-513 is repealed and readopted as follows: B. Throwing of missiles. No person shall throw any stones , snowballs or other objects or missiles upon or at any vehicle, building or other public or private property or upon or at any person in any public place. Section 14. Section 84-6D is repealed in its entirety. Section 15. Article II of Chapter 84, "Prohibited Occupations and Businesses,' Sections 84-7 through 84-9) is repealed in its entirety. The following Sections 84-7 through 84-10 are added to Article I of Chapter 84: Section 84-7. Offenses against persons. No person in the City of Fort Collins shall engage in any of the following activities: A. Assault. No person shall knowinyly or recklessly cause bodily injury to another person or with criminal negligence cause bodily injury to another person by means of a deadly weapon ; provided, however, that this provision does not apply in the event of serious bodily injury or if the assault is otherwise felonious. Section 84-8. Failure to obey summons or notice. For the purposes of this Code, tender by a peace officer or other service of a summons or penalty assessment notice shall constitute notice to the defendant to appear in court at the time specified on such summons or penalty assessment notice or pay the required fine within the time specified and to appear in court at any further times set by the court for arraignment, trial or other hearings. No person shall fail to appear at such times or pay the fine within the time specified. Section 84-9. Legislative intent. It is the intent and purpose of this Chapter not to cover and include those offenses which are classified as felonies under the Colorado Revised Statutes and this Chapter shall be so construed notwithstanding any language contained in the same which might otherwise be construed to the contrary. Section 84-10. Definitions. For the purposes of Article I of this Chapter 84, the following term shall have the meaning indicated: "Public place" means a place to which the public or a substantial number of the public has access, and includes , but is not limited to, highways (including sidewalks) , transportation facilities , schools, places of amusement, parks, playgrounds, and the common areas of public and private buildings and facilities. Section 16. Article III of Chapter 84, "Conduct at Fires" , is repealed in its entirety. Introduced, considered favorably on first reading, and ordered published this 3rd day of December, A.D. 1985 and to be presented for final passage on the 17th day of December, A.D. 1985. AaYvor ATTEST: City Clerk Passed and adopted on final reading this 17th day of December, A.D. 1985. Mayor ATTEST:11� ``' O�l� & -, M I". City Clerk