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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. i l Mayor ATTEST: City Cler Passed and adopted on final reading this 4th day of June, 4d3: 996. { ors'" i ATTEST:: �.�nlla City Clerk