Code: Chapter 10


General Offenses


Article 1 In General
Sec. 10-1-10 Definitions
Sec. 10-1-20 Legislative intent
Sec. 10-1-30 Affirmative defenses
Sec. 10-1-40 Violations
Sec. 10-1-50 Parental responsibility for acts of minor children
Sec. 10-1-60 Attempts; aiding, abetting or advising
Sec. 10-1-70 Accessory to crime
Sec. 10-1-80 Conspiracy

Article 2 Offenses Against Property
Sec. 10-2-10 Trespass
Sec. 10-2-20 Obstructing streets and sidewalks
Sec. 10-2-30 Damaging public property
Sec. 10-2-40 Damaging private property
Sec. 10-2-50 Posters
Sec. 10-2-60 Arson
Sec. 10-2-70 Altering distinguishing marks
Sec. 10-2-80 Littering
Sec. 10-2-90 Using property of another
Sec. 10-2-100 Graffiti

Article 3 Theft and Related Offenses
Sec. 10-3-10 Theft generally
Sec. 10-3-20 Theft by check
Sec. 10-3-30 Theft of rental property
Sec. 10-3-40 Joyriding
Sec. 10-3-50 Shoplifting
Sec. 10-3-60 Concealment
Sec. 10-3-70 Questioning of person suspected of theft without liability
Sec. 10-3-80 Price switching
Sec. 10-3-90 Theft by receiving
Sec. 10-3-100 Theft of cable service
Sec. 10-3-110 Avoiding payment of admission

Article 4 Offenses Against Public Health and Safety
Sec. 10-4-10 Abandoned iceboxes and other self-latching containers
Sec. 10-4-20 Storage of flammable liquids in vehicles
Sec. 10-4-30 Storage of construction materials
Sec. 10-4-40 Depositing snow or ice on public property
Sec. 10-4-50 Contamination of water
Sec. 10-4-60 Poisonous substances
Sec. 10-4-70 Shooting or harassing animals
Sec. 10-4-80 Fireworks
Sec. 10-4-90 Idling of motor vehicles
Sec. 10-4-100 Hindering transportation
Sec. 10-4-110 Smoking in public places

Article 5 Offenses Against Public Peace
Sec. 10-5-10 Disturbing the peace
Sec. 10-5-20 Disrupting lawful assembly
Sec. 10-5-30 Loitering
Sec. 10-5-40 Loitering and other acts around schools
Sec. 10-5-50 Unlawful assembly
Sec. 10-5-60 Unlawful interference; education institutions
Sec. 10-5-70 Unlawful interference; public buildings and proceedings
Sec. 10-5-80 Harassment
Sec. 10-5-90 Urination and defecation in public
Sec. 10-5-100 Fighting by agreement
Sec. 10-5-110 Public indecency
Sec. 10-5-120 Indecent exposure
Sec. 10-5-130 Noise in parks
Sec. 10-5-140 Glass containers in parks
Sec. 10-5-150 Camping

Article 6 Offenses Related to Alcohol and Drugs
Sec. 10-6-10 Possession of alcohol in public places
Sec. 10-6-20 Solicitation of alcoholic beverages
Sec. 10-6-30 Possession of marijuana
Sec. 10-6-40 Possession of drug paraphernalia
Sec. 10-6-50 Toxic vapors
Sec. 10-6-60 Reports required
Sec. 10-6-70 Absence of a licensee not a defense
Sec. 10-6-80 Licensee liability
Sec. 10-6-90 Open container

Article 7 Weapons
Sec. 10-7-10 Definitions
Sec. 10-7-20 Carrying weapons
Sec. 10-7-30 Discharging firearms
Sec. 10-7-40 Furnishing to certain persons prohibited
Sec. 10-7-50 Brandishing deadly weapons
Sec. 10-7-60 Confiscation and disposition
Sec. 10-7-70 Weapons in proximity to intoxicants
Sec. 10-7-80 Missiles

Article 8 Offenses Against the Person
Sec. 10-8-10 Assault
Sec. 10-8-20 Menacing
Sec. 10-8-30 Reckless endangerment

Article 9 Minors
Sec. 10-9-10 Harboring prohibited; exceptions
Sec. 10-9-20 Curfew
Sec. 10-9-30 Illegal possession or consumption of ethyl alcohol by an underage person
Sec. 10-9-40 Distribution of cigarettes and tobacco products to minors
Sec. 10-9-50 False statements; false credentials
Sec. 10-9-60 Services of others

Article 10 Offenses Against the Government
Sec. 10-10-10 False reports generally
Sec. 10-10-20 False alarms to agencies of public safety by alarm devices
Sec. 10-10-30 False reports to law enforcement authorities
Sec. 10-10-40 Impersonation of public official
Sec. 10-10-50 Interfering with public officers or employees
Sec. 10-10-60 Resisting arrest; escaping custody; rescuing prisoner
Sec. 10-10-70 Disobeying; refusing to aid
Sec. 10-10-80 Removing public notice
Sec. 10-10-90 Special officers
Sec. 10-10-100 Cruelty to police canines

Article 11 Disposition of Lost, Abandoned or Recovered Stolen Personal Property
Sec. 10-11-10 Custody of property
Sec. 10-11-20 Storage of abandoned vehicles and other property
Sec. 10-11-30 Investigation of ownership
Sec. 10-11-40 Disposition of motor vehicles
Sec. 10-11-50 Notification of owner of other property if known
Sec. 10-11-60 Advertising for owner if not known
Sec. 10-11-70 Procedure for sale
Sec. 10-11-80 Holding as evidence

Article 12 Offenses Relating to Morals
Sec. 10-12-10 Prostitution prohibited
Sec. 10-12-20 Soliciting for prostitution
Sec. 10-12-30 Keeping a place of prostitution
Sec. 10-12-40 Patronizing a prostitute
Sec. 10-12-50 Pandering
Sec. 10-12-60 Sexual assault

Article 13 Noise Control
Sec. 10-13-10 Purpose
Sec. 10-13-20 Definitions
Sec. 10-13-30 Noise disturbances prohibited
Sec. 10-13-40 Amplified sound
Sec. 10-13-50 Street sales
Sec. 10-13-60 Loading and unloading
Sec. 10-13-70 Construction
Sec. 10-13-80 Vehicle repairs
Sec. 10-13-90 Powered model vehicles
Sec. 10-13-100 Emergency signaling devices
Sec. 10-13-110 Internal combustion equipment
Sec. 10-13-120 Live bands and music
Sec. 10-13-130 Motor vehicles
Sec. 10-13-140 Refuse collection vehicles
Sec. 10-13-150 Variances
Sec. 10-13-160 Abatement orders
Sec. 10-13-170 Violation and penalty; defenses
Sec. 10-13-180 Other remedies

ARTICLE 1
In General

Sec. 10-1-10. Definitions.
Unless more specifically defined otherwise, the terms used in this Chapter shall be as defined in
the Colorado Criminal Code or as used in their ordinary, usual and accepted sense and meaning.
(Ord. 2001-3 §1)

Sec. 10-1-20. Legislative intent.
It is the intent and purpose of this Chapter not to cover and include those offenses which are
felonies pursuant to state statute, and this Chapter shall be so construed, notwithstanding any
language contained in this Chapter which might otherwise be construed to the contrary. (Ord. 2001-3§1)

Sec. 10-1-30. Affirmative defenses.
The affirmative defenses available in Sections 18-1-701 to 18-1-710 and 18-2-101, C.R.S., shall
be available as affirmative defenses to prosecutions in Municipal Court under this Chapter. (Ord.2001-3 §1)

Sec. 10-1-40. Violations.
It is unlawful for any person to violate any provision of this Chapter and, except as otherwise
specifically provided in this Chapter, any such violation shall be punished as follows:
(1) Every person who, at the time of commission of the offense, was at least eighteen (18)
years of age and who is subsequently convicted of, or pleads guilty or nolo contendere to, a
violation of any provision of this Chapter shall be punished by a fine of not less than twenty-five
dollars ($25.00) but not exceeding nine hundred ninety-nine dollars ($999.00) per violation or
count, by imprisonment not exceeding one (1) year or by both such fine and imprisonment;
provided, however, that nothing contained herein shall empower the Court to subject any person
under the age of eighteen (18) to any imprisonment as a portion of a penalty for violation of any
provision of this Chapter.
(2) Every person who, at the time of commission of the offense, was at least ten (10) but not
yet eighteen (18) years of age and who is subsequently convicted of, or pleads guilty or nolo
contendere to, a violation of any provision of this Chapter shall be punished by a fine of not less
than twenty-five dollars ($25.00) but not exceeding four hundred ninety-nine dollars ($499.00) per
violation or count. Nothing in this Section shall be construed to prohibit incarceration in an
appropriate facility, at the time of charging, of a juvenile violating any section of this Chapter.
Any such person arrested or convicted of a violation of any provision of this Chapter or found in
contempt of court in connection with a violation under this Chapter or in violation of a Municipal
Court-ordered probation shall not be confined in a jail, lockup or other place used for the
confinement of adult offenders but may be held in a juvenile detention facility operated by or
under contract with the Department of Human Services or a temporary holding facility operated by
or under contract with the Town which shall receive and provide care for such persons. Any such
person who violates conditions of probation or is held in contempt in connection with an alleged
violation may be confined for up to forty-eight (48) hours in said detention facility. Any such
person may not be confined, pursuant to this Paragraph, for any period in excess of ten (10) days.
(3) Any voluntary plea of guilty or nolo contendere to the original charge or to a lesser or
substituted charge shall subject the person so pleading to all fines and/or penalties applicable to
the original charge. Any restitution ordered by the Court shall be in addition to any such fine.
Nothing in this Section shall be construed to prohibit incarceration in an appropriate facility, at the
time of charging, of a juvenile violating any section of this Chapter.
(4) Authority is expressly granted to the Municipal Judge to award, as restitution to any victim
of any action specified as unlawful in this Chapter, an amount equal to the actual damages
suffered by such victim, and to order a person found guilty of or pleading guilty to any such
violation to pay such restitution as ordered by the Court. Such restitution shall be determined by
the submission of a bill of costs by the victim to the Court on a form approved by the Court, but
the Court shall be limited to awarding as such restitution only actual costs incurred by the victim.
Authority is expressly granted to the Court to order such restitution for any and all costs incurred
by public safety and/or emergency response agencies of the Town or other governmental or quasigovernmental
entities in connection with the initial response to and all subsequent follow-up
investigations of violations of this Chapter. Any restitution ordered by the Court shall be in
addition to any fine and/or imprisonment authorized by this Chapter, and shall likewise be
applicable to any situation in which deferred judgment or deferred sentence is accepted and/or
imposed by the Court.
(5) Authority is expressly granted to the Municipal Judge to order any person found guilty of
or pleading guilty to any violation of this Chapter to perform useful public service not exceeding
one hundred (100) hours. Any useful public service ordered by the Municipal Court may be in
addition to any other penalty imposed by the Municipal Court. (Ord. 2001-3 §1; Ord. 2007-4 §1)
(6) Whenever an arrest warrant is issued by the Town of Mountain View Municipal Court
authorizing the arrest of a defendant for failure to appear in court or failure to comply with an
adjudicated penalty imposed by the Mountain View Municipal Court, a warrant fee of eighty
dollars ($80.00) may be assessed, which fee may be amended from time to time by resolution of
the Town Council and which fee must be paid by the defendant in addidtion to any previously or
subsequently imposed fine, penalty, or fee. This fee is in addition to, and not in lieu of, any
applicable fines, penalties, jury fees, deferred judgment fees, contempt fines, surcharges or appeal
bonds.
(Ord. 2007-6)

Sec. 10-1-50. Parental responsibility for acts of minor children.
(a) It is the duty of parents, guardians or persons having the charge, custody or control of minor
children to actively prevent all minor children lawfully under their direction, control or custody from
violating any section of this Chapter.
(b) Any parent, guardian or person issued a citation under Section 10-9-10 or 10-9-20 of this
Chapter shall not be issued a citation under this Section for the same offense. (Ord. 2001-3 §1)

Sec. 10-1-60. Attempts; aiding, abetting or advising.
(a) It is unlawful for any person to knowingly engage in conduct constituting a substantial step
toward the commission of an offense which would constitute a violation of any section of this
Chapter. A substantial step is any conduct, whether act, omission or possession, which is strongly
corroborative of the firmness of the actor’s purpose to complete the commission of the offense.
(b) It is unlawful for any person to knowingly aid another in a commission of an offense which
would constitute a violation of this Chapter. A person who engages in conduct intending to aid
another to commit an offense commits criminal attempt if the person aids, abets or advises the other
person in planning or committing the offense, even if the other person is not guilty of committing or
attempting the offense. (Ord. 2001-3 §1)

Sec. 10-1-70. Accessory to crime.
It is unlawful for any person to knowingly hinder, delay or prevent the discovery, detention,
apprehension, prosecution, conviction or punishment of another for the commission of a violation of
any section of this Chapter by:
(1) Harboring or concealing the other;
(2) Warning such person of impending discovery or apprehension; except that this does not
apply to a warning given in an effort to bring such person into compliance with the law;
(3) Providing such person with money, transportation, weapon, disguise or other thing to be
used in avoiding discovery or apprehension;
(4) Using force, intimidation or deception, obstructing anyone in the performance of any act
which might aid in the discovery, detection, apprehension, prosecution, conviction or punishment
of such person; or
(5) Concealing, destroying or altering any physical evidence that might aid in discovery,
detection, apprehension, prosecution, conviction or punishment of such person. (Ord. 2001-3 §1)

Sec. 10-1-80. Conspiracy.
(a) A person commits conspiracy to commit a crime if, with the intent to promote or facilitate its
commission, he or she agrees with another person or persons that they, or one (1) or more of them,
will engage in conduct which constitutes a crime or an attempt to commit a crime, or he or she agrees
to aid the other person or persons in the planning or commission of a crime or of an attempt to
commit such crime.
(b) No person may be convicted of conspiracy to commit a crime, unless an overt act in
pursuance of that conspiracy is proved to have been done by him or her or by a person with whom he
or she conspired.
(c) If a person knows that one with whom he or she conspires to commit a crime has conspired
with another person to commit the same crime, he or she is guilty of conspiring to commit a crime
with the other person, whether or not he or she knows the other person’s identity.
(d) If a person conspires to commit a number of crimes, he or she is guilty of only one (1)
conspiracy so long as such multiple crimes are part of a single criminal episode.
(e) Conspiracy to commit a misdemeanor is a misdemeanor.
(f) Conspiracy to commit a petty offense is a crime of the same class as the offense itself. (Ord.
2001-3 §1; Ord. 2007-4 §1)

ARTICLE 2
Offenses Against Property

Sec. 10-2-10. Trespass.
It is unlawful for any person without legal privilege to enter or to remain upon the premises of
another or to fail or refuse to remove himself or herself from such premises when requested to leave
by the owner, occupant or person having lawful control thereof. (Ord. 2001-3 §1)

Sec. 10-2-20. Obstructing streets and sidewalks.
It is unlawful for any person to willfully, maliciously, negligently or recklessly place in any
doorway or driveway not owned by him or her or under his or her lawful control or on any sidewalk,
public highway, street or alley in the Town, any object which causes or tends to cause the obstruction
thereof or of any part thereof. (Ord. 2001-3 §1)

Sec. 10-2-30. Damaging public property.
(a) It is unlawful for any person to willfully, maliciously, wantonly or negligently destroy public
real property or improvements thereto, or movable or personal public property or property which the
law requires the Town to maintain, or which by contract the Town is required to maintain.
(b) It is unlawful for any unauthorized person to willfully remove, deface, injure, damage or
destroy any street sign or traffic control or warning sign or device erected or placed in or adjacent to
any street.
(c) It is unlawful for any vehicles equipped with treads or lug wheels which are injurious to
pavement to be operated or caused to be operated by any person upon public streets, unless the
operator of such vehicle first planks and protects such streets from damage. Nothing in this Section
shall be construed to prohibit the use of studded snow tires.
(d) This Section shall not apply when the aggregate value of the property damaged in any one (1)
criminal episode is valued at four hundred dollars ($400.00) one thousand dollars ($1000.00)or more.
* (Ord. 2001-3 §1) (amended by Ord.2007-5)
(*10-2-30 amended by Ordinance #2007-5)

Sec. 10-2-40. Damaging private property.
(a) It is unlawful for any person to willfully, maliciously, wantonly or negligently injure, damage
or destroy the real or personal property of another; provided that this Section shall not apply to any
person showing a legal right or authority to injure, damage or destroy such property. It is further
provided that this Section shall not apply where the damage is effected by means of fire or explosives
or with the intent to defraud.
(b) This Section shall not apply when the aggregate value of the property damaged in any one (1)
criminal episode is valued at one thousand dollars ($1000.00) or more.
( Ord. #2007-5 §1)
(b) This Section shall not apply when the aggregate value of the property damaged in any one (1)
criminal episode is valued at four hundred dollars ($400.00) or more. (Ord. 2001-3 §1)

Sec. 10-2-50. Posters.
It is unlawful for any person willfully, maliciously, wantonly or negligently to tear down, deface
or cover up any lawfully posted advertisement or bill of any person; provided that this Section shall
not apply to any person showing the lawful right to tear down, deface or cover up any such
advertisement or bill. (Ord. 2001-3 §1)

Sec. 10-2-60. Arson.
It is unlawful for any person to knowingly or recklessly set fire to, burn, cause to be burned or, by
the use of an explosive, damage or destroy, or cause to be damaged or destroyed, any property of
another without his or her consent, where the value of the property involved is less than one hundred
dollars ($100.00). (Ord. 2001-3 §1)

Sec. 10-2-70. Altering distinguishing marks.
(a) It is unlawful for any person other than the manufacturer, or a person acting pursuant to
authority from the manufacturer, to remove, alter, deface or substitute a manufacturer’s serial number,
distinguishing number or distinguishing mark on or attached to any machine, apparatus, equipment,
device or other item other than a motor vehicle.
(b) It is unlawful for any person to sell or offer for sale any item described in Subsection (a)
above.
(c) In all actions for the violation of this Section, the fact that a manufacturer’s serial number,
distinguishing number or distinguishing mark has been removed, altered, defaced or substituted shall
be prima facie evidence that the same was so removed, altered, defaced or substituted intentionally
and by a person other than the manufacturer or person acting pursuant to authority from the
manufacturer.
(d) This Section shall not apply to any person offering for sale or selling any device, machine,
apparatus, equipment or item pursuant to statute or ordinance or judgment, order, decree, writ or other
process of Court. (Ord. 2001-3 §1)

Sec. 10-2-80. Littering.
It is unlawful for any person to dump, deposit or dispose of any glass, paper, can, bottle, box,
garbage or any other trash on or in any street, alley, road, highway, parking lot, public or community
building, or any private property open to the general public except in a trash receptacle provided for
such purpose. (Ord. 2001-3 §1)

Sec. 10-2-90. Using property of another.
It is unlawful for any person intentionally to use or cause to be used, in any manner, the real or
personal property of another, for any purpose, including advertising, storage, grazing or recreation,
without the permission of the owner or person in possession of that property. (Ord. 2001-3 §1)

Sec. 10-2-100. Graffiti.
(a) It is unlawful for any person to deface public or private property with graffiti which is visible
to public view.
(b) It is unlawful for any occupant or owner of property on which graffiti is found to fail to
remove or cause to be removed graffiti as directed by the Town.
(c) When graffiti is found, the Town shall order the occupant or owner of property on which
graffiti is found, at the occupant’s or owner’s sole expense, to remove or correct the same within
twenty-four (24) hours or such additional time as determined by the Town. If the occupant or owner
fails to comply with the Town’s order, the Town may cause the graffiti to be removed or corrected,
and all expense incurred by the Town shall be the responsibility of the occupant and owner and may
be recovered by the Town as restitution in Municipal Court.
(d) In addition to any other penalty imposed for violation of this Section, the Municipal Court
may enter an order authorizing the Town to enter upon the property and remove the graffiti, assessing
the cost of removal against the defendant.
(e) For purposes of this Section, the following words and phrases shall have the following
meanings:
Graffiti means the defacing of public or private property by means of painting, drawing,
writing, etching or carving with paint, spray paint, ink, knife or any similar method, without
written consent of the property owner or occupant.
Occupant means any person leasing, occupying or having control or possession of any property
in the Town. (Ord. 2001-3 §1)

ARTICLE 3
Theft and Related Offenses

Sec. 10-3-10. Theft generally.
(a) It is unlawful for any person knowingly to obtain or exercise possession of or control over
anything of value of another without authorization, or by threat or deception, and if such person:
(1) Intends to deprive the other person permanently of the use or benefit of the thing of value;
(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;
(3) Uses, conceals or abandons the thing of value intending that the use, concealment or
abandonment will deprive the other person permanently of its use and benefit; or
(4) Demands any consideration to which he or she is not legally entitled as a condition of
restoring the thing of value to the other person.
(b)* This Section shall not apply then the aggregate value of the item taken in any one (1)
criminal episode is valued at one thousand dollars ($1000.00) or more, nor where the item
taken is a motor vehicle, trade secret or credit device.
(b) This Section shall not apply when the aggregate value of the item taken in any one
(1) criminal episode is valued at five hundred dollars ($500.00) or more, nor where the item
taken is a motor vehicle, trade secret or credit device. (Ord. 2001-3 §1) (Ord. 2007-5 §1)

Sec. 10-3-20. Theft by check.
(a) It is unlawful for any person, knowing he or she has insufficient
funds with the drawee, and with intent to defraud, to issue a check for a sum less
than one thousand dollars ($1,000.00) for the payment of services, wages, salary,
commission, labor, rent, money, property or other thing of value.
(b) As used in this Section:
1. “Check” means a written, unconditional order to pay a sum
certain in money, drawn on a bank or other financial institution,
payable on demand, and signed by the drawer, and also includes a
negotiable order of withdrawal and a share draft.
2, “Drawee” means the bank upon which a check is drawn, or
a bank, savings and loan association, industrial bank or credit
union on which a negotiable order of withdrawal or a share draft
is drawn.
3. “Drawer” means a person, either real or fictitious, whose
name appears on a check as the primary obligor, whether the
actual signature is that of himself or herself or of a person
authorized to draw the check on himself or herself.
4. “Insufficient funds” means a drawer has insufficient funds
with the drawee to pay a check when the drawer has no checking
account, negotiable order of withdrawal account or share draft
account with the drawee, or has funds in such an account with the
drawee in an amount less than the amount of the check plus
the amount of all other checks outstanding at the time of
issuance; and a check dishonored for no account
shall also be deemed to be dishonored for insufficient funds.
5. “Issue” means making, drawing, delivering or passing a
check or causing it to be made, drawn, delivered or passed.
6. “Negotiable order of withdrawal” and “share draft” mean
negotiable or transferable instruments drawn on a negotiable
order of withdrawal account or a share draft account, as the case
may be, for the purpose of making payment to third persons or
otherwise.
7. “Negotiable order of withdrawal account” means an
account in a hank, savings and loan association or industrial bank.
8. “Share draft account” means an account in a credit union on
which payment of interest or dividends may he made on a
deposit with respect to which the bank, savings and loan
association, or industrial bank, or the credit union, as the case
may be. may require the depositor to give notice of an intended
withdrawal not less than thirty (30) days before the withdrawal is
made, even though in practice such notice is not required
and the depositor is allowed to make withdrawal by negotiable
order of withdrawal or share draft.
(c) Any person having acquired rights with respect to a check which is
not paid because the drawer has insufficient funds shall have standing
to file a complaint under this Section, whether or not he or she is the
payee, holder or bearer of the check.
(d) It is unlawful for any person to open a checking account,
negotiable order of withdrawal account or share draft account
using false identification or an assumed name for the purpose of issuing
fraudulent checks.
(e) If deferred prosecution is ordered for a violation of this Section,
the Court, as a condition of supervision, may require the defendant
to make restitution on all checks issued by the defendant which are unpaid
as of the date of commencement of the supervision in addition to other
terms and conditions appropriate for the treatment or rehabilitation of the
defendant.
(f) A bank, savings and loan association, industrial bank, or credit
union shall not be civilly or criminally liable for releasing information
relating to the drawer’s account to a police officer or other
authorized investigator investigating or prosecuting a charge under this
Section.
(g) This Section does not relieve the prosecution from the necessity of
establishing the required culpable mental state. However, for purposes
of this Section, the issuer’s knowledge of insufficient funds is presumed,
except in the case of a postdated check or order, if:
1. He or she has no account upon which the cheek or order is
drawn with the bank or other drawee at the time he or she issues
the check or order; or
2. He or she has insufficient funds upon deposit with the bank
or other drawee to pay the chock or order, on presentation
within thirty (30) days after issue.
(Section 10-3-20 repealed and reenacted by Ord. 2007-5)

Sec. 10-3-40. Joyriding.
It is unlawful for any person knowingly to obtain or exercise control over the motor vehicle of
another without authorization or by threat or deception for the purpose of temporarily depriving that
person of possession or control of the motor vehicle. (Ord. 2001-3 §1)

Sec. 10-3-50. Shoplifting.
It is unlawful for any person knowingly to obtain or exercise control over any goods, wares or
merchandise having a total value of less than five hundred dollars ($500.00) one thousand dollars
($1000.00) held for sale by a store with the intention of depriving the store permanently of the use or
benefit of such goods, wares or merchandise. * (Ord. 2001-3 §1)
(*10-3-50 amended by Ordinance #2007-5)

Sec. 10-3-60. Concealment.
If any person willfully conceals unpurchased goods, wares or merchandise owned or held by and
offered or displayed for sale by any store or other mercantile establishment, whether the concealment
is on his or her person or otherwise and whether on or off the premises of such store or mercantile
establishment, such concealment constitutes prima facie evidence that the person intended to commit
the crime of theft. (Ord. 2001-3 §1)

Sec. 10-3-70. Questioning of person suspected of theft without liability.
If any person conceals upon his or her person or otherwise carries away any unpurchased goods,
wares or merchandise held or owned by any store or mercantile establishment, the merchant or any
employee thereof or any peace officer, acting in good faith and upon probable cause based upon
reasonable grounds therefor, may detain and question such person in a reasonable manner for the
purpose of ascertaining whether the person is guilty of theft. Such questioning of a person by a
merchant, merchant’s employee or peace or police officer does not render the merchant, merchant’s
employee or peace officer civilly liable for slander, false arrest, false imprisonment, malicious
prosecution or unlawful detention. (Ord. 2001-3 §1)

Sec. 10-3-80. Price switching.
It is unlawful for any person willfully to alter, remove or switch the indicated price of any
purchased goods, wares or merchandise owned or held by and offered or displayed for sale by any
store or other mercantile establishment; provided, however, that this Section shall not apply to goods,
wares or merchandise valued at five hundred dollars ($500.00) one thousand dollars ($1000.00) or
more. (Ord. 2001-3 §1; Ord. 2007-4 §1) *
(*10-3-80 amended by Ordinance #2007-5)

Sec. 10-3-90. Theft by receiving.
It is unlawful for any person knowingly to receive, retain or loan money by pawn or pledge on, or
dispose of anything having a value of less than four hundred dollars ($400.00) one thousand dollars
($1000.00) belonging to another, knowing or believing that such thing of value has been stolen, and
when he or she intends to deprive the lawful owner permanently of the use or benefit of the thing of
value.(Ord.2001-3§1)*
(*10-3-90 amended by Ordinance #2007-5)

Sec. 10-3-100. Theft of cable service.
(a) It is unlawful for any person to make any unauthorized connection, whether physically,
electrically, acoustically, inductively or otherwise in any other manner, with any part of a cable
television system in the Town for the purpose of enabling himself, herself or others to receive any
television signal, radio signal, picture, program, service or sound without payment to the operator of
said system.
(b) It is unlawful for any person, without consent of the owner, to willfully tamper with, remove
or damage any cable, wire or equipment used for distribution of television signals, radio signals,
pictures, programs or sound. (Ord. 2001-3 §1; Ord. 2007-4 §1)

Sec. 10-3-110. Avoiding payment of admission.
It is unlawful for any person fraudulently or without lawful authorization to enter, without
payment of the proper admission fee, any place where admission fees are charged; provided,
however, that nothing herein shall be deemed to prohibit or restrict the admission of police officers or
any public officials engaged in the performance of official duties to any such place. (Ord. 2001-3 §1)

ARTICLE 4
Offenses Against Public Health and Safety

Sec. 10-4-10. Abandoned iceboxes and other self-latching containers.
(a) It is unlawful for any person to discard, abandon or leave in any place accessible to children
any refrigerator, icebox, deep-freeze locker, stove, oven, trunk or any self-latching container having a
capacity of one and one-half (1.5) cubic feet or more, which is no longer in use and which has not had
the door removed or the hinges and such portion of the latch mechanism removed so as to prevent
latching or locking of the door; or for any owner, lessee or manager knowingly to permit such a
refrigerator, icebox, deep-freeze locker, stove, oven, trunk or self-latching container to remain on
premises under his or her control without having the door removed or the hinges and such portion of
the latch mechanism removed so as to prevent latching or locking of the door.
(b) This Section shall not apply to any vendor or seller of refrigerators, iceboxes, deep-freeze
lockers, stoves, ovens, trunks or self-latching containers, who keeps or stores them for sale purposes
in a showroom or salesroom ordinarily watched or attended by sales personnel during business hours
and locked to prevent entry when not open for business; or if such vendor or seller takes reasonable
precautions to effectively secure the door of any such refrigerator, icebox, deep-freeze locker, stove,
oven, trunk or self-latching container so as to prevent entrance by children small enough to fit therein.
(Ord. 2001-3 §1)

Sec. 10-4-20. Storage of flammable liquids in vehicles.
It is unlawful to store or cause to be stored or parked, except for unloading, any vehicle used for
the purpose of storing flammable liquids, gases, explosives or toxicants anywhere in the Town, except
those areas zoned for such uses. (Ord. 2001-3 §1)

Sec. 10-4-30. Storage of construction materials.
No person shall keep or store any construction materials unless such materials are covered or
secured or in some manner protected so as to prevent such materials from being blown, scattered
about or otherwise moved by wind, water or other natural causes. (Ord. 2001-3 §1)

Sec. 10-4-40. Depositing snow or ice on public property.
It is unlawful for any person to deposit or cause any snow or ice to be deposited on or against any
fire hydrant or traffic signal control device or appurtenance; or to deposit or cause to be deposited
accumulations of snow or ice upon or adjacent to any sidewalk, street or roadway or loading and
unloading area of a public transportation system or any designated emergency access lane, such as
may retard or in any way interfere with the safe and orderly flow of pedestrian or vehicular traffic by
obstructing the view of such traffic on intersection streets or drives or by any other means; or in any
way obstruct or impede street or roadway drainage. (Ord. 2001-3 §1)

Sec. 10-4-50. Contamination of water.
It is unlawful for any person to throw or deposit or cause or permit to be thrown or deposited in
any stream, storm or sanitary sewer, ditch, pond, well, cistern, trough or other body of water, whether
artificially or naturally created, or so near thereto as to be liable to pollute the water thereof, any offal
composed of animal or vegetable substance or both; any dead animal, sewage, excrement or garbage,
trash or debris; any water, fuel, oil or other petroleum-based product, paint, chemical, whether liquid
or solid, scrap construction material; or any other materials that may cause the water to become
contaminated. (Ord. 2001-3 §1)

Sec. 10-4-60. Poisonous substances.
(a) It is unlawful for any person to put out, spread or distribute poison, or any poisonous
substance or material of any kind or nature whatsoever, for any purpose whatsoever, anywhere within
the Town, except as provided in Subsection (b) below.
(b) Upon application made in writing and signed by the applicant setting out the reason for such
application and the purpose thereof, the Town Council may grant to any person who is the owner,
lessee or tenant of real estate in the Town a permit to put out, spread or distribute poison on such real
estate of which he or she is the owner, tenant or lessee, for such purposes as may be necessary for the
preservation of health or other necessary purposes, including the poisoning of grasshoppers, prairie
dogs and other destructive animals, insects, birds and pests; however, such purposes shall not be
deemed to include any domestic bird, fowl, beast, animal, swine or dog.
(c) Such permit shall state the name of the person to whom granted, the purpose of the same, the
reason given for the necessity of the same, the description of the premises covered by the permit, the
land and nature of the poison to be spread and the manner of spreading and distributing the same,
together with the period of the permit in which to do so. (Ord. 2001-3 §1)

Sec. 10-4-70. Shooting or harassing animals.
(a) It is unlawful for any person willfully and unnecessarily to shoot, capture, harass, injure or
destroy any wild bird or animal or attempt to shoot, capture, harass, injure or destroy any such wild
bird or animal anywhere within the Town.
(b) No person shall willfully destroy, rob or disturb the nest, nesting place, burrow, eggs or
young of any wild bird or animal anywhere within this Town.
(c) For purposes of this Section, the following definitions shall apply:
Wild animal includes any animal native to the State, but does not include rattlesnakes, fish or
any species of amphibians, Norway rats or common house mice.
Wild bird includes all undomesticated birds native to North America, undomesticated game
birds implanted in North America by governmental agencies and any domestic duck or goose
released by any private person or recreational authority upon any recreational area within this
Town.
(d) The provisions of this Section shall not apply to the personnel of any police, fire or animal
control agency or to the Colorado Division of Wildlife, Colorado Department of Public Health and
Environment or other state or federal agency, when such persons are acting within the scope of their
official duties as employees of such agencies.
(e) The provisions of this Section are not intended to allow the destruction of any bird or animal
protected by state or federal law. (Ord. 2001-3 §1; Ord. 2007-4 §1)

Sec. 10-4-80. Fireworks.
(a) As used in this Section, unless the context otherwise requires:
Fireworks mean any article, device or substance prepared for the primary purpose of producing
a visual or auditory sensation by combustion, explosion, deflagration or detonation which meets
the description of fireworks as set forth in the United States Department of Transportation
Hazardous Materials Regulations, Title 49, Code of Federal Regulations, Parts 173.88 and
173.100, and including but not limited to the following:
a. Toy cannons or toy canes in which explosives are used;
b. Blank cartridges;
c. Firecrackers;
d. Torpedoes;
e. Skyrockets;
f. Rockets;
g. Roman candles;
h. Cylindrical fountains, whether or not defined as a permissible firework pursuant to
Section 12-210-101, C.R.S.;
i. Cone fountains, whether or not defined as a permissible firework pursuant to Section 12-
210-101, C.R.S.;
j. Wheels, whether or not defined as a permissible firework pursuant to Section 12-210-
101, C.R.S.;
k. Ground spinners, whether or not defined as a permissible firework pursuant to Section
12-210-101, C.R.S.;
l. Illuminating torches and colored fire in any form, whether or not defined as a
permissible firework pursuant to Section 12-210-101, C.R.S.;
m. Day-Glo bombs and torches; and
n. Any other fireworks of like construction and any fireworks containing any explosive or
flammable compound, or any tablets or other device containing any explosive substance.
Fireworks do not include:
a. Toy caps which do not contain more than twenty-five hundredths (0.25) of a grain of
explosive compound per cap;
b. Highway flares, railroad fuses, ship distress signals, smoke candles and other emergency
signal devices;
c. Educational rockets and toy propellant-device-type engines used in such rockets when
such rockets are of nonmetallic construction and utilize replaceable engines or model cartridges
containing less than two (2) ounces of propellant and when such engines or model cartridges
are designed to be ignited by electrical means; and
d. Sparklers, trick matches, cigarette loads, trick noisemakers, toy smoke devices and
novelty auto alarms.
(b) It is unlawful for any person to manufacture, offer for sale, expose for sale, sell, possess,
explode or have in his or her possession with intent to offer for sale, sell, use or explode any
fireworks within the Town.
(c) No person shall conduct a public display of fireworks within the Town.
(d) The Police Department shall seize, take and remove, at the expense of the owner, all stocks of
fireworks or combustibles offered or exposed for sale, stored or held in violation of this Section.
(e) Any person who is convicted of or pleads guilty to a violation of this Section shall be
punished by a fine of not more than nine hundred ninety-nine dollars ($999.00), by imprisonment for
not more than one (1) year or by both such fine and imprisonment, in addition to having any
fireworks seized, as set forth in this Section. (Ord. 2001-3 §1)

Sec. 10-4-90. Idling of motor vehicles.
(a) It is unlawful for any person to idle or permit the idling of the motor of any motor vehicle
within the Town for a prolonged and unreasonable period of time. Proof that the motor vehicle was
left idling for a period of fifteen (15) minutes or longer shall be prima facie evidence that said motor
vehicle was idling for a prolonged and unreasonable period of time.
(b) For purposes of this Section, idle or idling means the running of a motor vehicle fuelpowered
engine without engaging the engine to move the motor vehicle. (Ord. 2001-3 §1)

Sec. 10-4-100. Hindering transportation.
It is unlawful for any person to knowingly, and without lawful authority, forcibly stop and hinder
the operation of any motor vehicle used to provide transportation service of any kind to the public or
to any person. (Ord. 2001-3 §1)

Sec. 10-4-110. Smoking in public places.
(a) The smoking of tobacco or any other plant or weed in certain public places is a form of air
pollution that threatens the health, safety and welfare of the public. The Town Council therefore
deems it necessary to prohibit smoking in common areas, public places and workplaces, except as
smoking is otherwise permitted in designated areas by this Section.
(b) It is unlawful for any person to smoke in any common area, public place or workplace, except
as otherwise expressly permitted by this Section.
(c) Designated smoking areas. A section of the following common areas, public places and
workplaces may be designated as smoking areas by the owner, lessee, principal manager, person in
charge or employer:
(1) No more than twenty-five percent (25%) of a total common area.
(2) Restaurants with a seating capacity of more than thirty (30) patrons; provided, however,
that the owner, lessee, principal manager or person in charge shall provide a no-smoking area of
sufficient size to accommodate patrons who request to be seated in such an area. All such patrons
must be advised that a no-smoking area is available.
(3) No more than twenty-five percent (25%) of the total floor area of a workplace. An
employer need not include in the total floor area any fully enclosed office occupied exclusively by
smokers.
(d) Smoking is permitted in the following places:
(1) Designated smoking areas.
(2) The premises of any establishment with a license to sell fermented malt beverages for
consumption on the premises, a beer or wine license, a tavern license or a club license, as provided
in the Colorado Liquor Code and the Colorado Beer Code.
(3) Retail stores primarily engaged in the sale of tobacco or tobacco accessories.
(4) Restaurants with a seating capacity of thirty (30) or fewer patrons.
(5) Enclosed premises occupied exclusively by smokers.
(6) Meetings or assemblies not open to the public; provided, however, that no such meeting or
assembly is conducted in a public place.
(e) For purposes of this Section, the following words and phrases shall have the following
meanings:
Common area means any lobby, mall or hallway open or accessible to members of the public
who enter such common area as invitees.
Employee means any person who is paid a wage or salary by an employer and who works in
the enclosed premises of an employer.
Enclosed premises means a building or structure comprised of a roof, walls and a means of
ingress and egress.
Public place means any enclosed, indoor facility or area that is open to members of the public
who enter such facility as invitees, including but not limited to mercantile establishments,
restaurants, theaters, financial institutions, educational facilities, hospitals, health care facilities,
libraries, auditoriums, arenas, assembly or meeting rooms, public conveyances, governmental
buildings, office buildings, restrooms, elevators, child care centers and waiting rooms for
professional persons.
Smoke or smoking means the possession of a lighted cigarette, cigar or pipe containing tobacco
or other organic burning matter, regardless of its composition, or the lighting of such cigarette,
cigar or pipe by any person.
Workplace means any enclosed premises occupied principally by employees.
(f) The provisions of this Section shall not apply to dwelling units. (Ord. 2001-3 §1; Ord. 2007-4 §1)

ARTICLE 5
Offenses Against Public Peace

Sec. 10-5-10. Disturbing the peace.
Any person who disturbs the peace of others by violent, tumultuous or offensive conduct (and the
conduct by its very nature tends to incite an immediate breach of the peace), by loud or unusual
noises, by unseemly, profane, obscene or offensive language (and the language by its very utterance
tends to incite an immediate breach of the peace), or by assaulting, striking, fighting or challenging
another to fight, is guilty of a misdemeanor. (Ord. 2001-3 §1)

Sec. 10-5-20. Disrupting lawful assembly.
It is unlawful for any person to disrupt a lawful assembly if, with the intent to prevent or disrupt
any lawful meeting, procession or gathering, he or she significantly obstructs or interferes with the
meeting, procession or gathering by physical action, verbal utterances or any other means. (Ord.2001-3 §1)

Sec. 10-5-30. Loitering.
(a) In this Section, the following words and phrases shall have the meanings respectively
ascribed to them:
Loiter means to be dilatory, to stand idly, to linger, to lie or wander about, or to remain, abide
or tarry in a public place.
Public place means any place to which the general public has access and a right to resort for
business, entertainment or other lawful purpose; but does not necessarily mean a place devoted
solely to the uses of the public. It shall also include the front or immediate area of any store, shop,
restaurant, tavern or other place of business.
(b) It is unlawful for any person to loiter, loaf, wander, stand or remain idle, either alone or in
concert with others, in a public place in such manner as to:
(1) Obstruct any public street, highway, walkway or other public place or building by
hindering, impeding or intending to hinder or impede the free and uninterrupted passage of
vehicles, traffic or pedestrians;
(2) Commit, in or upon any public street, highway or sidewalk, or in any other public place or
building, any act or thing which is an obstruction or interference to the free and uninterrupted use
of property or with any business lawfully conducted by anyone in, upon, facing or fronting on any
such public street, highway or sidewalk or any other public place or building, all of which
prevents the free and uninterrupted ingress, egress and regress therein, thereon or thereto; or
(3) Obstruct the entrance of any business establishment contrary to the express wish of the
owner, lessee, managing agent or person in control or in charge of the building or premises.
(c) It is unlawful for any person to loiter, loaf, wander, stand or remain idle, either alone or in
concert with others, in a school building, on the grounds or within one hundred (100) feet of school
grounds when persons under the age of eighteen (18) are present in the building or on the grounds,
not having reason or relationship involving custody of or responsibility for a pupil or other specific,
legitimate reason for being there and not having written permission from a school administrator.
(d) Lawful acts in the course of lawful assembly as a part of peaceful and orderly petition for the
redress of grievances, either in the course of labor disputes or otherwise, shall not be a violation of
this Section.
(e) When any person causes any of the conditions or commits any of the acts specified in this
Section, a police officer or other law enforcement officer shall order that person to stop causing such
conditions or committing such acts and to move on or to disperse. Any person who fails or refuses to
obey such order shall be guilty of a violation of this Section. (Ord. 2001-3 §1; Ord. 2007-4 §1)

Sec. 10-5-40. Loitering and other acts around schools.
It is unlawful for any person to loiter, idle, wander, stroll or play in, about or on any public,
private or parochial school, college or seminary grounds or buildings, either on foot or in or on any
vehicle, without having some lawful business therein or thereabout or in connection with such school
or the employees thereof, or for any person to:
(1) Annoy, disturb or otherwise prevent the orderly conduct of classes and activities of any
such school;
(2) Annoy, disturb, assault or molest any student or employee of any such school, college or
seminary while in any such school building or on any school grounds;
(3) Conduct himself or herself in a lewd, wanton or lascivious manner in speech or behavior
in or about any school building or school grounds; or
(4) Park or move a vehicle in the immediate vicinity of or on the grounds of any such school,
college or seminary for the purpose of annoying or molesting the students or employees thereof or
in an effort to induce, entice or invite students into such vehicle for immoral purposes. (Ord.2001-3 §1)

Sec. 10-5-50. Unlawful assembly.
It is unlawful for any two (2) or more persons to assemble together with an intent to do an
unlawful act; or, being assembled, mutually to agree to act in concert or to do an unlawful act with
force or violence against the property of the Town, against the person or property of another or
against the peace and to the terror of others; or to make any move or preparation therefor. (Ord.2001-3 §1; Ord. 2007-4 §1)

Sec. 10-5-60. Unlawful interference; education institutions.
(a) It is unlawful for any person on or near the premises or facilities of any educational
institution to willfully deny to students, school officials, employees and invitees:
(1) Lawful freedom of movement on the premises;
(2) Lawful use of the property or facilities of such institution; or
(3) The right of lawful ingress and egress to the institution’s physical facilities.
(b) It is unlawful for any person on the premises of any educational institution or at or in any
building or other facility being used by any educational institution to willfully impede the staff or
faculty of such institution in the lawful performance of their duties or to willfully impede a student of
such institution in the lawful pursuit of his or her educational activities through the use of restraint,
coercion or intimidation or when force and violence are present or threatened.
(c) It is unlawful for any person to willfully refuse or fail to leave the property of, or any building
or other facility used by, any educational institution upon being requested to do so by the chief
administrative officer, his or her designees charged with maintaining order on the school premises
and in its facilities, or a dean of such educational institution, if such person is committing, threatens to
commit or incites others to commit any act which would disrupt, impair, interfere with or obstruct the
lawful missions, processes, procedures or functions of the institution.
(d) Nothing in this Section shall be construed to prevent lawful assembly and peaceful and
orderly petition for the redress of grievances, including any labor dispute between an educational
institution and its employees, any contractor or subcontractor of any employee thereof. (Ord. 2001-3§1)

Sec. 10-5-70. Unlawful interference; public buildings and proceedings.
It is unlawful for any person to so conduct himself or herself at or in any public building owned,
operated or controlled by the Town, the State or any of its political subdivisions, as to willfully in
such a manner deny to any public official, public employee or any invitee on such premises the lawful
rights of such official, employee or invitee to enter, use or leave the facilities of any such public
building. (Ord. 2001-3 §1)

Sec. 10-5-80. Harassment.
(a) A person commits harassment if, with intent to harass, annoy or alarm another person, he or
she:
(1) Strikes, shoves, kicks or otherwise touches a person or subjects him or her to physical
contact;
(2) In a public place, directs obscene language or makes an obscene gesture to or at another
person;
(3) Follows a person about in a public place;
(4) Initiates communication with a person, anonymously or otherwise, by telephone,
computer, computer network or computer system in a manner intended to harass or threaten bodily
injury or property damage, or makes any comment, request, suggestion or proposal by telephone,
computer, computer network or computer system which is obscene;
(5) Makes a telephone call or causes a telephone to ring repeatedly, whether or not a
conversation ensues, with no purpose of legitimate conversation;
(6) Makes repeated communications at inconvenient hours that invade the privacy of another
and interfere in the use and enjoyment of another’s home or private residence or other private
property; or
(7) Repeatedly insults, taunts, challenges or makes communications in offensively coarse
language to another in a manner likely to provoke a violent or disorderly response.
(b) As used in this Section, unless the context otherwise requires, obscene means a patently
offensive description of ultimate sexual acts or solicitation to commit ultimate sexual acts, whether or
not said ultimate sexual acts are normal or perverted, actual or simulated, including masturbation,
cunnilingus, fellatio, anilingus or excretory functions.
(c) Any act prohibited by Paragraph (a)(4) above may be deemed to have occurred or to have
been committed at the place at which the telephone call, electronic mail or other electronic
communication was either made or received. (Ord. 2001-3 §1; Ord. 2003-3 §1; Ord. 2007-4 §1)

Sec. 10-5-90. Urination and defecation in public.
(a) It is unlawful for any person to urinate or defecate in a public place, or at any other location
where such conduct is observed by another person who has a legal right to be present at the location
from which the conduct was observed.
(b) Nothing in this Section shall be construed to prohibit the normal use of public facilities
specifically designed and intended for the use of voiding human bodily wastes. (Ord. 2001-3 §1)

Sec. 10-5-100. Fighting by agreement.
(a) It is unlawful for two (2) or more persons to fight by agreement in a public place, except in a
sporting event authorized by law.
(b) This Section shall not apply to persons who by agreement engage in a fight with deadly
weapons, whether public or private. (Ord. 2001-3 §1)

Sec. 10-5-110. Public indecency.
(a) Any person who performs any of the following in a public place or where the conduct may
reasonably be expected to be viewed by members of the public commits public indecency:
(1) An act of sexual intercourse;
(2) An act of deviant sexual intercourse;
(3) A lewd exposure of the body done with intent to arouse or to satisfy the sexual desire of
any person; or
(4) A lewd fondling or caressing of the body of another person.
(b) Public indecency is unlawful. (Ord. 2001-3 §1)

Sec. 10-5-120. Indecent exposure.
(a) A person commits indecent exposure if he or she knowingly exposes his or her genitals to the
view of any person under circumstances in which such conduct is likely to cause affront or alarm to
the other person.
(b) Indecent exposure is unlawful. (Ord. 2001-3 §1)

Sec. 10-5-130. Noise in parks.
(a) It is unlawful for any person to make, continue or cause to be made or continued in, near or
adjacent to any public park in the Town any noise which either annoys, injures or endangers the
comfort, repose, health or safety of other persons, unless the making and continuing of the noise is
necessary for the preservation of the health or safety of any person.
(b) It is unlawful for any person to use, operate or permit to be used or operated any radio,
musical instrument, television, phonograph, drum or other machine or device for the production of
sound in any public park in the Town in such a manner as to annoy, injure or endanger the comfort,
repose, health or safety of other persons, unless the making and continuing of the noise is necessary
for the preservation of the health or safety of any person. (Ord. 2001-3 §1)

Sec. 10-5-140. Glass containers in parks.
It is unlawful to take into, possess or leave in any public park within the Town any food or
beverage in any type of glass container. (Ord. 2001-3 §1)

Sec. 10-5-150. Camping.
(a) It is unlawful for any person to camp or sleep in or on any public park, right-of-way, open
space, public street, thoroughfare or public property, or to set up a tent, shack or any other temporary
shelter which could be used for residing, camping or sleeping in the Town.
(b) It is unlawful for any person to allow any movable structure, recreational vehicle or motor
vehicle to remain in a public park in the Town after closing.
(c) It is unlawful for any person to trespass or enter upon the land of another or in the possession
or control of another for the purpose of camping, sleeping or setting up a tent, shack or other
temporary shelter which could be used for residing, camping or sleeping, or to allow any movable
structure, recreational vehicle or motor vehicle to remain on such property without the permission of
the owner or the person in possession or control thereof. (Ord. 2001-3 §1)

ARTICLE 6
Offenses Related to Alcohol and Drugs

Sec. 10-6-10. Possession of alcohol in public places.
(a) It is unlawful for any person to possess or consume any fermented malt beverage or any malt,
vinous or spirituous liquor, whether such possession is actual or constructive, in any public place as
defined in Subsection 10-5-30(a) of this Chapter upon property owned, operated, leased or maintained
by the State or any political subdivision or agency thereof, or upon property owned, operated, leased
or maintained by the Town; provided, however, that it shall not be a violation of this provision to
store or consume any fermented malt beverage or any malt, vinous or spirituous liquor in
conformance with, and pursuant to the terms of, any validly issued permit or license.
(b) It is unlawful for any person under the age of twenty-one (21) years to possess, attempt to
purchase, purchase or obtain, either directly or through an intermediary, any fermented malt beverage
or any malt, vinous or spirituous liquor by misrepresentation of age or by any other means. (Ord.
2001-3 §1)

Sec. 10-6-20. Solicitation of alcoholic beverages.
It is unlawful, in any place of business where alcoholic beverages are sold to be consumed upon
the premises, for any person to beg or to solicit any patron or customer of or visitor in such premises
to purchase any alcoholic beverage for the one begging or soliciting. (Ord. 2001-3 §1)

Sec. 10-6-30. Possession of marijuana.
(a) For the purposes of this Section, the term marijuana shall include all
parts of the plant Cannabis Sativa L., whether growing or not; the seed
thereof; the resin extracted from any part of such plant; and every compound,
manufacture, salt derivative, mixture or preparation of such plant, its seeds or
resin, but shall not include the mature stalks of such plant, fiber produced
from its stalks, oil or cake, or the sterilized seed of such plant, which is
incapable of germination. The term marijuana concentrate means hashish,
tetrahydrocannabinols, or any alkaloid, salt derivative, preparation, compound
or mixture, whether natural or synthesized or tetrahydrocannabinols.
(b) It is unlawful to possess, consume or use two (2) ounces or less of
marijuana or marijuana concentrate; and upon conviction thereof, or plea of
guilty or no contest thereto, punishment shall not be by imprisonment, but
shall be by a fine of not more than one hundred dollars ($100.00).
(c) It is unlawful to openly and publicly display, consume or use two (2)
ounces or less of marijuana or marijuana concentrate; and upon conviction
thereof, or a plea of guilty or no contest thereto, punishment shall be by a fine
of one hundred dollars ($100.00), and by imprisonment not exceeding fifteen
(15) days.
(d) It shall be unlawful to transfer or dispense two (2) ounces or less of
marijuana to another person for no consideration, and upon conviction thereof,
or plea of guilty or no contest thereto, punishment shall not be by
imprisonment, but shall be by a fine of not more than one hundred dollars ($100.00).
(Ord. 2011-1)

Sec. 10-6-40. Possession of drug paraphernalia.
(a) Unless the context otherwise requires, drug paraphernalia means all equipment, products and
materials of any kind which are used, intended for use or designed for use in planting, propagating,
cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing,
preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting,
ingesting, inhaling or otherwise introducing into the human body a controlled substance in violation
of state laws. This definition shall be construed in accordance with Section 18-18-426, C.R.S.
(b) In determining whether an object is drug paraphernalia, a court, in its discretion, may
consider, in addition to all other relevant factors, the following:
(1) Statements by an owner or by anyone in control of the object concerning its use;
(2) The proximity of the object to controlled substances;
(3) The existence of any residue of controlled substances on the object;
(4) Direct or circumstantial evidence of the knowledge of an owner, or of anyone in control of
the object, or evidence that such person reasonably should know, that it will be delivered to a
person who he or she knows or reasonably should know could use the object to facilitate a
violation of this Section;
(5) Instructions, oral or written, provided with the object concerning its use;
(6) Descriptive materials accompanying the object which explain or depict its use;
(7) National or local advertising concerning its use;
(8) The manner in which the object is or was displayed for sale;
(9) Whether the owner, or anyone in control of the object, is a supplier of like or related items
to the community for legal purpose, such as an authorized distributor or dealer of tobacco
products;
(10) The existence and scope of legal uses for the object in the community; and
(11) Expert testimony concerning its use.
(c) It is unlawful for any person:
(1) To possess drug paraphernalia where one knows or reasonably should have known that the
drug paraphernalia could be used under circumstances in violation of the laws of the Town or the
State; or
(2) To sell or deliver, possess with intent to sell or deliver, or manufacture with intent to sell
or deliver equipment, products or material knowing, or under circumstances where one reasonably
should have known, that such equipment, products or material could be used as drug
paraphernalia.
(d) The common law defense known as the “procuring agent defense” is not a defense to any
crime in this Article.
(e) Every person who is convicted of or pleads nolo contendere to a violation of this Section
shall be punished by a fine of not less than twenty-five dollars ($25.00), but not exceeding nine
hundred ninety-nine dollars ($999.00) per violation, imprisonment not exceeding one hundred eighty
(180) days, or both such fine and imprisonment. (Ord. 94-2 §1; Ord. 2001-3 §1)

Sec. 10-6-50. Toxic vapors.
(a) As used in this Section:
Minor means any person under the age of eighteen (18) years.
Toxic vapors means the following substances or products containing such substances: alcohols
(methyl, ethyl, isopropyl, propyl, butyl), aliphatic acetates (ethyl, methyl, propyl, methyl
cellosolve acetate), acetone, benzene, carbon tetrachloride, cyclohexane, Freon (Freon 11 and
Freon 12), hexane, methyl ethyl ketone, methyl isobutyl ketone, naphtha, perchlorethylene,
toluene, trichloroethane or xylene.
(b) It is unlawful and a violation of this Section:
(1) For any person intentionally to smell or inhale the fumes of toxic vapors for the purpose of
causing a condition of euphoria, excitement, exhilaration, stupefaction, dulled senses or dulled
nervous system, or to possess, buy or use any such substance for the purpose of violating or aiding
another to violate this Section.
(2) For any person to be under the influence of any toxic vapors.
(3) For any person to sell, give, deliver or furnish any substance releasing toxic vapors to any
minor without the personal or written consent of a parent, guardian or other person having legal
care or custody of such minor, except when the sale of one (1) tube of glue is made simultaneously
with the sale, purchase and delivery of a hobby or model kit.
(4) For any person, except a person who is at the time of such sale actually employed by or
engaged in operating a bona fide commercial establishment at a fixed location, to sell to any other
person any substance releasing toxic vapors, and all sales of such substance not made in or from
such an establishment shall be unlawful.
(5) For any person knowingly to sell or offer for sale, deliver or give away to any other person
any substance releasing toxic vapors, where the seller, offeror, deliverer or donor knows or has
reason to believe that such substance will be used for the purpose of inducing a condition of
euphoria, excitement, exhilaration, stupefaction, dulled senses or dulled nervous system.
(c) This Section shall not apply to the inhalation of anesthesia for medical or dental purposes.
(Ord. 2001-3 §1)

Sec. 10-6-60. Reports required.
(a) A licensee shall immediately report to the Police Department any unlawful act, conduct or
disturbance committed on the premises. Any failure to comply with the requirements of this Section
may be considered by the licensing authority in any action relating to revocation, suspension or
renewal of a license. Proof of repeated failure on at least three (3) occasions to comply with the
requirements of this Section shall constitute a prima facie grounds for the suspension, revocation or
denial of renewal of a license.
(b) Each licensee shall post and keep at all times visible to the public in a conspicuous place on
the premises a sign to be provided by the Town Clerk’s office, which shall be in the following form:
WARNING:
THE TOWN OF MOUNTAIN VIEW POLICE MUST BE NOTIFIED OF ALL
DISTURBANCES IN THIS ESTABLISHMENT AND ON GROUNDS AND PARKING
LOTS WHICH ARE A PART OF THIS ESTABLISHMENT.
(Ord. 2001-3 §1)

Sec. 10-6-70. Absence of a licensee not a defense.
It shall not be a defense to a prosecution under this Article that the licensee was not personally
present on the premises at the time such unlawful or disorderly act, conduct or disturbance was
permitted, encouraged or participated in; provided, however, that an agent, servant or employee of the
licensee shall not be responsible hereunder when absent from the premises and not on duty. (Ord.
2001-3 §1)

Sec. 10-6-80. Licensee liability.
(a) It is unlawful for any licensee to permit any assault, battery, menacing, harassment or
disorderly conduct as those offenses are defined in this Chapter to be committed by any person or
group of persons upon any premises licensed for the sale of malt, vinous, spirituous liquors or
fermented malt beverages or any premises licensed as a place of amusement or recreation.
(b) It is unlawful for a licensee, in any manner, to encourage or participate in any assault, battery,
menacing, harassment or disorderly conduct, as those offenses are defined in this Chapter, upon
premises selling malt, vinous or spirituous liquors or fermented malt beverages or any premises
licensed as a place of amusement or recreation; provided, however, that such licensee may use such
reasonable, necessary and lawful means as may be proper to protect his or her person, the person of
another or property from damage or injury.
(c) No licensee for the sale of malt, vinous or spirituous liquors or fermented malt beverages for
consumption on the premises shall install, maintain or operate, or permit the installation, maintenance
or operation of, within or upon the licensed premises, any gambling table, establishment, device,
machine or apparatus which is kept or used for the purpose of gambling, either directly or indirectly.
This Section shall not be construed to prohibit the use of bona fide amusement devices which do not
and cannot be adjusted to pay anything of value, and which may not be used for gambling, directly or
indirectly, and for the scoring, achievement, use or operation of which no prize, reward or thing of
value is offered or paid by any person.
(d) Each licensee shall conduct his or her establishment in a manner such that no provision of
this Chapter is violated, and no such licensee shall knowingly permit within or upon the licensed
premises any of the following:
(1) The loitering of habitual drunkards or obviously intoxicated persons;
(2) Lewd or indecent displays;
(3) Any disturbance or activity constituting conduct in violation of this Chapter or any
criminal provision of state law.
(e) No licensee shall knowingly permit the consumption of malt, vinous or spirituous liquors or
fermented malt beverages on the licensed premises at any time when the sale of such beverages is
prohibited by municipal, state or federal law.
(f) It is unlawful for any licensee, manager or agent to permit the removal of any malt, vinous or
spirituous liquors or fermented malt beverages from the licensed premises or for any person to
remove any malt, vinous or spirituous liquors or fermented malt beverages from a licensed premises.
This Subsection shall not apply to a duly licensed retail liquor store.
(g) No licensee, manager or agent shall employ or permit upon any premises licensed for the sale
of malt, vinous or spirituous liquors or any fermented malt beverages for consumption on the
premises any employee, waiter, waitress, entertainer, host or hostess to mingle with patrons and
personally beg, procure or solicit the purchase or sale of drinks or beverages for the use of or
consumption by the one begging, procuring or soliciting or for the use of or consumption by any other
employee, waiter, waitress, entertainer, host or hostess.
(h) No licensee, manager or agent shall permit, upon any premises licensed for the sale of any
malt, vinous or spirituous liquors or fermented malt beverages for consumption on the premises,
anyone to loiter in or about said premises for the purpose of begging or soliciting any patron,
customer or visitor in such premises to purchase any drinks or beverages of any nature whatsoever for
the one soliciting or begging.
(i) No licensee, manager or agent shall knowingly permit, upon any premises licensed for the
sale of any malt, vinous or spirituous liquors or fermented malt beverages for consumption on the
premises, any person to appear in a state of nudity within or upon the premises.
(j) No licensee, manager or agent shall permit, upon any premises licensed for the sale of any
malt, vinous or spirituous liquors or fermented malt beverages for consumption on the premises, the
showing of film, still pictures, electronic reproductions or other visual reproductions depicting any
lewd or indecent displays or persons in any state of nudity.
(k) No licensee, manager or agent, upon any premises licensed for the sale of any malt, vinous or
spirituous liquors or fermented malt beverages for consumption on the premises, shall employ or
permit any minor under the age of twenty-one (21) years to frequent or be in or about such place,
unless accompanied by a parent or guardian; to drink any intoxicating liquors, beer or other fermented
malt beverage in or about the same; to engage or participate in any game of billiards; or to bet or
wager with any cards, any other gambling device or any other games whatsoever in or about such
place. It is the duty of any person who is the proprietor or keeper of a tavern to post conspicuously in
the place of business the following sign:
MINORS UNDER THE AGE OF TWENTY-ONE (21) YEARS
ARE NOT ALLOWED HERE UNLESS ACCOMPANIED BY PARENTS OR GUARDIAN.
Failure to post such sign shall constitute an unlawful act. (Ord. 2001-3 §1; Ord. 2007-4 §1)

Sec. 10-6-90. Open container.
(a) It is unlawful for any person to possess an open container of any alcoholic beverage in or
upon any public street, alley, sidewalk or other public place in the Town.
(b) It is unlawful for any person to possess an open container of any alcoholic beverage within a
motor vehicle while such vehicle is parked or traveling upon a public street, alley or public parking
lot or while such vehicle is in motion. (Ord. 2001-15 §1)

ARTICLE 7
Weapons

Sec. 10-7-10. Definitions.
For the purposes of this Article, the following words and phrases shall have the meanings
respectively ascribed to them by this Section:
Blackjack means any billy, sandclub, sandbag, sap or other hand-operated striking weapon
consisting, at the striking end, of an encased piece of lead or other heavy substance and, at the
hand end, a strap or spring shaft which increases the force of impact; or any device or article
consisting of two (2) or more separate portions, linked together by a chain, strap or other fastener,
which configuration is designed to increase the striking force or impact of the device or article.
Concealment means the deliberate hiding of a weapon upon or near the person with the intent
to avoid the lawful detection thereof. It shall be evidence of concealment that the weapon is
hidden so as to make it immediately available for use in the fashion in which the weapon is
designed to be used.
Crossbow means any device resembling a rifle or handgun in configuration, having a bow or
similar device mounted perpendicularly to a stock, grip or frame, and usually equipped with a
winch or similar device which draws back the bowstring and cocks the weapon and which fires an
arrow, bolt, quarrel, stone or similar shaft from a groove or depression in the stock, grip or frame
by the manipulation of a trigger or similar mechanism.
Firearm means any pistol, revolver, self-loading pistol, rifle, shotgun or any other device
designed to shoot, project, throw or hurl a projectile by means of the explosion of gunpowder or
other explosive substance.
Gravity knife means any knife the blade of which is released from the handle or sheath thereof
by the force of gravity or the application of centrifugal force and which blade, upon release,
becomes locked in place by means of a button, spring, plate, lever or other device.
Knife means any dagger, knife, bayonet, straight-razor, dirk, machete, stiletto, sword or
swordcane with a blade over three and one-half (31/2) inches in length or any other dangerous
instrument designed to inflict cutting, stabbing or tearing wounds; but, as used in this Section,
does not include a knife or hatchet of the type customarily used in hunting, fishing or camping
when such is being carried for sporting use; and does not include any instruments being used in
pursuance of a lawful home use, trade, occupation or profession or otherwise being lawful under
federal or state statutes, or being used as an item of display or a collector’s item in any home or
place of business.
Switchblade knife means any knife the blade of which opens automatically by manual pressure
applied to a button, spring or other device in its handle. (Ord. 2001-3 §1)

Sec. 10-7-20. Carrying weapons.
(a) It is unlawful for any person knowingly to carry a knife or firearm concealed on or about his
or her person; provided that this Subsection shall not apply to:
(1) Persons in their own domiciles or places of business or on property owned by or under
their control at the time of the act of carrying, or to persons in private automobiles or other private
means of conveyance who are carrying such a weapon for the lawful protection of their or
another’s person or property or for any other legal purposes;
(2) Peace officers or members of the armed forces of the United States or Colorado National
Guard acting in the lawful discharge of their duties; or
(3) Persons who possess a valid permit or license to conceal such weapon, which license or
permit was duly issued pursuant to applicable state or federal law.
(b) It is unlawful for any person to knowingly carry, conceal or cause to be concealed in any
vehicle or to use any blackjack, gravity knife, multi-fixed bladed stellate throwing knife, switchblade
knife or brass or metallic knuckles. This Subsection shall not apply to peace officers or to members
of the armed forces of the United States or Colorado National Guard acting in the lawful discharge of
their duties. (Ord. 2001-3 §1; Ord. 2007-4 §1)

Sec. 10-7-30. Discharging firearms.
(a) Except as provided in Subsection (b) below, it is unlawful for any person other than a peace
officer or a member of the armed forces of the United States or Colorado National Guard, acting in
lawful discharge of his or her duties, to discharge or cause to be discharged any firearm within or into
the limits of the Town; provided that this Section shall not apply to persons discharging firearms in
shooting galleries or at shooting ranges, where such firearms may be discharged so as not to endanger
persons or property and the projectiles from such firearms are prevented from traversing any grounds
or space outside the limits of such gallery or range; or to the discharge of a firearm in lawful defense
of persons or property.
(b) The Police Chief may grant written permission to persons within the Town to permit the
discharge of weapons at a certain locality within the Town at a fixed time.
(c) Except as provided in Subsection (b) above, it is unlawful for any parent, guardian or other
person having the care and custody of any minor child under the age of eighteen (18) years to allow
or permit any such minor to fire or discharge any cannon, anvil, gun, pistol, rifle, shotgun or other
firearm of any kind or nature, or to fire, explode or set off any other such device manufactured or
contrived for the purpose of throwing or propelling lead, pellets or other hard substances, powered by
compressed air, springs or otherwise, or to fire, set off or explode anything containing powder,
gasoline or other combustible or explosive material within the Town. (Ord. 2001-3 §1)

Sec. 10-7-40. Furnishing to certain persons prohibited.
It is unlawful for any person to purchase, sell, loan or furnish any gun, pistol, rifle, shotgun or
other firearm in which any explosive substance can be used, to any person under the influence of
alcohol or any narcotic drug, stimulant or depressant, to any person in a condition of agitation and
excitability, or to any minor person under the age of eighteen (18) years. (Ord. 2001-3 §1)

Sec. 10-7-50. Brandishing deadly weapons.
(a) It is unlawful for any person to display, brandish or flourish a deadly weapon in a public
place in a manner calculated to alarm, or for any person to, intentionally and without lawful excuse,
justification or purpose, aim or point a firearm at another person; provided that the provisions of this
Section shall not apply to any situation that constitutes a felony under state law.
(b) Deadly weapon, as used in this Section, includes but is not necessarily limited to firearms,
knives, hatchets and dangerous clubs.
(c) This Section shall not apply to peace officers or members of the Colorado National Guard or
armed forces of the United States acting in the lawful discharge of their duties. (Ord. 2001-3 §1)

Sec. 10-7-60. Confiscation and disposition.
It is the duty of every police officer or agent, upon making any arrest and seizing a weapon carried
or used in violation of any provision of this Chapter, to keep and place such weapon in such place of
safekeeping as may be directed by the Police Chief, until the final determination of the prosecution
for any offense in the prosecution of which such weapon may be evidence. Upon entry of a final plea
of guilty or nolo contendere or judgment of guilt, the person so pleading or found guilty shall forfeit
to the Town any weapon carried or used in violation of any section of this Chapter. Upon entry of a
final plea of guilty or nolo contendere or judgment of guilt, it shall then be the duty of the Municipal
Judge to deliver such weapon forthwith to the Police Chief, who shall make disposition of the
weapon. Any proceeds received from a sale of such weapons shall, after deducting costs and other
expenses of sale, be paid into the Town’s General Fund. (Ord. 2001-3 §1)

Sec. 10-7-70. Weapons in proximity to intoxicants.
(a) It is unlawful for any person to carry, conceal or display any dangerous or deadly weapon
while such person is on the premises of any establishment where malt, vinous or spirituous liquors are
sold for consumption on the premises.
(b) The provisions of Subsection (a) above shall not apply to peace officers or any other person
duly licensed or authorized under applicable state or federal law to carry a concealed weapon.
(c) No person shall have or carry any deadly or dangerous weapon on or about his or her person
when drunk, in a state of intoxication or under the influence of drugs. (Ord. 2001-3 §1)

Sec. 10-7-80. Missiles.
It is unlawful for any person willfully, maliciously or recklessly to throw, shoot or project any
stone, arrow, pellet, dart, ball bearing or other dangerous missile at or against the person, animal,
building, structure, personal property, fixture or vehicle of another; except that the provisions of this
Section shall not apply to a person throwing, projecting or shooting any such dangerous missile at any
animal in order to protect his or her person or property or the person or property of another from
physical injury. (Ord. 2001-3 §1)

ARTICLE 8
Offenses Against the Person

Sec. 10-8-10. Assault.
(a) It is unlawful for any person intentionally to cause bodily injury to another person; provided
that this Subsection shall not apply to injury caused by means of a deadly weapon, nor shall it apply
in the event of serious bodily injury.
(b) It is unlawful for any person recklessly to cause bodily injury to another person; provided that
this Subsection shall not apply in the event of serious bodily injury caused by means of a deadly
weapon.
(c) It is unlawful for any person with criminal negligence to cause bodily injury to another
person by means of a deadly weapon. (Ord. 2001-3 §1)

Sec. 10-8-20. Menacing.
It is unlawful for any person intentionally to place or attempt to place another person in fear of
imminent serious bodily injury by any threat or physical action; provided that, if such menacing is
with the use of a deadly weapon, this Section shall not apply. (Ord. 2001-3 §1)

Sec. 10-8-30. Reckless endangerment.
It is unlawful for any person recklessly to engage in conduct which creates substantial risk of
serious bodily injury to another person, (Ord. 2001-3 §1)

ARTICLE 9
Minors

Sec. 10-9-10. Harboring prohibited; exceptions.
(a) It is unlawful for any person knowingly to harbor, keep secreted, cohabit with or provide
shelter for any unmarried minor without the consent of the parent, legal guardian or other person
having legal custody of such minor.
(b) It is unlawful for any person to harbor, keep secreted, cohabit with or provide shelter for any
unmarried minor when such person knows the minor to be a parole violator or a fugitive from legal
process.
(c) The provisions of this Section shall not apply to persons working in their official capacities as
employees or members of the staffs of agencies licensed by the State and financed by the United
States to harbor minors, nor shall said provisions apply to such agencies; provided that such agencies
shall at all times provide specific information concerning minors so harbored and shall release such
minors to their parents, legal guardians or other persons having legal custody of such minors, or to
any law enforcement agency, upon request; and provided further that such agencies harboring minors
shall, within twenty-four (24) hours after the arrival of a minor, notify the Police Department, and
within seventy-two (72) hours, if possible, notify the parents, legal guardians or other persons having
legal custody of such minors. (Ord. 2001-3 §1)

Sec. 10-9-20. Curfew.
(a) It is unlawful for any parent, guardian or other person having legal care or custody of any
minor who has not reached his or her eighteenth birthday to allow or permit any such minor to loiter
upon any street, sidewalk, curb, gutter, parking lot, alley, vacant lot, park, playground or yard,
whether public or private, or any establishment open to the public generally, after the hour of 11:30
p.m. on any Sunday, Monday, Tuesday, Wednesday or Thursday, after the hour of 12:00 midnight on
any Friday or Saturday, or before the hour of 5:00 a.m. on any day, except:
(1) When accompanied by a parent, guardian or other person having legal care or custody of
such minor;
(2) For lawful employment;
(3) When such minor is in the custody of and accompanied by a person who has reached his
or her eighteenth birthday and who has in his or her possession the written consent of such parent,
guardian or other person having legal care or custody of such minor; or
(4) When such minor is engaged in religious or civic activities.
(b) It is unlawful for any minor who has not reached his or her eighteenth birthday to loiter upon
any street, sidewalk, curb, gutter, parking lot, alley, vacant lot, park, playground or yard, whether
public or private, or any establishment open to the public generally, after the hour of 12:00 a.m. or
before the hour of 5:00 a.m. on any day, except as approved in Subsection (a) above.
(c) Loitering or loiter, as used in this Section, means remaining idle in essentially one (1)
location, being dilatory, tarrying or dawdling, and shall include but not be limited to standing around,
hanging out, sitting, kneeling, sauntering or prowling. (Ord. 2001-3 §1)

Sec. 10-9-30. Illegal possession or consumption of ethyl alcohol by an underage person.
(a) Definitions. As used in this Section, unless the context otherwise requires:
Ethyl alcohol means any substance which is or contains ethyl alcohol.
Possession of ethyl alcohol means that a person has or holds any amount of ethyl alcohol
anywhere on his or her person, owns or has custody of ethyl alcohol, or has ethyl alcohol within
his or her immediate presence and control.
(b) Any person under twenty-one (21) years of age who possesses or consumes ethyl alcohol
anywhere in the Town commits illegal possession or consumption of ethyl alcohol by an underage
person. Illegal possession or consumption of ethyl alcohol by an underage person is a strict liability
offense.
(c) The possession or consumption of ethyl alcohol shall not constitute a violation of this Section
if such possession or consumption takes place for religious purposes protected by the First
Amendment of the United States Constitution.
(d) Prima facie evidence of a violation of Subsection (b) above shall consist of:
(1) Evidence that the defendant was under the age of twenty-one (21) years and possessed or
consumed ethyl alcohol anywhere in the Town; or
(2) Evidence that the defendant was under the age of twenty-one (21) years and manifested
any of the characteristics commonly associated with ethyl alcohol intoxication or impairment
while present anywhere in this Town.
(e) During any trial for a violation of Subsection (b) above, any bottle, can or any other container
with labeling indicating the contents of such bottle, can or container shall be admissible into evidence,
and the information contained on any label on such bottle, can or other container shall be admissible
into evidence and shall not constitute hearsay. A judge may consider the information upon such label
in determining whether the contents of the bottle, can or other container were composed in whole or
in part of ethyl alcohol. A label which identifies the contents of any bottle, can or other container as
“beer,” “ale,” “malt beverage,” “fermented malt beverage,” “malt liquor,” “wine,” “champagne,”
“whiskey” or “whisky,” “gin,” “vodka,” “tequila,” “schnapps,” “brandy,” “cognac,” “liqueur,”
“cordial,” “alcohol” or “liquor” shall constitute prima facie evidence that the contents of the bottle,
can or other container were composed in whole or in part of ethyl alcohol. (Ord. 2001-3 §1)

Sec. 10-9-40. Distribution of cigarettes and tobacco products to minors.
(a) It is unlawful for any person eighteen (18) years of age or older to furnish to any person who
is under eighteen (18) years of age, by gift, sale or other means, any cigarettes or tobacco products as
defined by Section 39-28.5-101(5), C.R.S.
(b) It is unlawful for any person under the age of eighteen (18) years of age to consume, possess,
purchase or attempt to purchase, either directly or through an intermediary, or in any other manner
obtain, any cigarette, tobacco product or smokeless tobacco product as defined by Sections 39-28.5-
101(5) and 18-13-121(4)(a), C.R.S.
(c) It is unlawful for any person to sell or offer to sell any smokeless tobacco product as defined
by Section 18-13-121(4)(a), C.R.S., by use of a vending machine or other coin-operated machine.
(d) It is unlawful for any person to sell or offer to sell any cigarette or tobacco products as
defined by Section 39-28.5-101(5), C.R.S., other than a smokeless tobacco product as defined by
Section 18-13-121(4)(a), C.R.S., by use of a vending machine or any coin-operated machine that does
not display a warning sign placed in a prominent place on such machine. The warning sign shall have
a minimum height of three (3) inches and a width of six (6) inches and shall read as follows:
WARNING
IT IS ILLEGAL FOR ANY PERSON UNDER EIGHTEEN (18) YEARS OF AGE
TO PURCHASE CIGARETTES AND TOBACCO PRODUCTS AND, UPON CONVICTION,
A $300.00 FINE MAY BE IMPOSED.
(e) Any person who is convicted of, or pleads guilty or no contest to, a violation of Subsections
(a) through (d) above shall be punished by a fine of three hundred dollars ($300.00) per violation or
count. (Ord. 2001-3 §1; Ord. 2007-4 §1)

Sec. 10-9-50. False statements; false credentials.
It is unlawful for any person under twenty-one (21) years of age to make false statements, to
furnish, present or exhibit any fictitious or false registration card, identification card, note or other
document for any unlawful purpose, or to furnish, present or exhibit such document issued to a person
other than the one presenting the same for the purpose of gaining admission to prohibited places or
for the purpose of procuring the sale, gift or delivery of prohibited articles, including beer, liquor,
wine or fermented malt beverages as defined in this Chapter. (Ord. 2001-3 §1)

Sec. 10-9-60. Services of others.
It is unlawful for any person under the age of twenty-one (21) years to engage or utilize the
services of any other person, whether for remuneration or not, to procure any article which the minor
is forbidden by law to purchase. (Ord. 2001-3 §1)

ARTICLE 10
Offenses Against the Government

Sec. 10-10-10. False reports generally.
(a) It is unlawful for any person to report the existence of a fire or other emergency to the police,
fire department or any other agency empowered to deal with an emergency involving risk or injury to
persons or property when such person knows the report to be false. For the purposes of this Section,
fire department means any fire protection district or firefighting agency of the State, County or any
municipality, whether or not the employees or officers of such agency are volunteers or receive
compensation for their services as firefighters.
(b) It is unlawful for any person to report or cause to be reported to any police agency any
information concerning the commission of any offense or other incident which would require police
action, when:
(1) The person knows that no such offense or other incident has occurred; or
(2) The person knows that the information is false or that he or she has no such information.
(c) It is unlawful for any person to make telephone calls to the Town’s police, fire or emergency
telephone numbers, including 911, when such person makes the call knowingly but for no legitimate
purpose. This Subsection shall apply regardless of whether the person who makes the call speaks or
in any way communicates to the person answering the call.
(d) This Section shall not apply to reports of the existence or placement of a bomb or other
explosive in any public or private place or vehicle designed for transportation of persons or property.
(Ord. 2001-3 §1)

Sec. 10-10-20. False alarms to agencies of public safety by alarm devices.
(a) An alarm device is a device which is designed to cause police, fire or other emergency
response, investigation and safeguarding of property at the location of an event reported:
(1) By a signal transmitted, telephoned, radioed or otherwise relayed to any organization,
official or volunteer, for dealing with emergencies involving danger to life or property, by an
alarm device or by any person acting in response to a signal activated by such device; or
(2) By an audible or visible signal designed to notify a person within audible or visible range
of the signal.
(b) A false alarm is any alarm signal which causes the police to respond and results from:
(1) False activation of an alarm where there is no evidence to substantiate a reasonable belief
that criminal activity was occurring or was to occur.
(2) Alarm malfunction, including mechanical failure or electrical failure, except when
activated by telephone short circuits or by weather conditions where activation could not have
been prevented by reasonable precautions.
(3) Alarm triggered by a subscriber’s negligence, including overly sensitive settings.
(c) It shall be an unlawful false alarm when the Police Department or Fire Department, or any
other organization or agency responsible for emergency response, responds to a signal activated by an
alarm device as defined above and it appears after proper investigation that a false alarm did occur as
described above. The owner or occupant of the premises to which the response is made shall then be
subject to a false alarm service warning or penalty as described below:
(1) False alarms during the first thirty (30) days after the installation of a new alarm device
shall result in a warning.
(2) The first three (3) false alarms at a particular location in each calendar year shall result in a
warning. The owner, occupant, person or company found responsible for said premises shall each
be subject to a service fee of fifty dollars ($50.00) for the fourth, fifth, sixth, seventh and eighth
occurrence thereafter, and a fee of one hundred dollars ($100.00) for each occurrence thereafter.
(d) It is unlawful for a person knowingly to cause a false alarm of fire or other emergency to be
transmitted to or within any organization, official or volunteer, for dealing with emergencies
involving danger to life or property. (Ord. 2001-3 §1; Ord. 2007-4 §1)

Sec. 10-10-30. False reports to law enforcement authorities.
(a) Falsely incriminating another. It is unlawful for a person knowingly to give false information
to any law enforcement officer with the purpose to implicate another.
(b) Fictitious reports. It is unlawful for a person to:
(1) Report to law enforcement authorities an offense or other incident within their concern
knowing that it did not occur; or
(2) Pretend to furnish such authorities with information relating to an offense or incident when
he or she knows that he or she has no information relating to such offense or incident.
(c) Fictitious names and addresses. It is unlawful for a person to give a false name or address to
a law enforcement officer with the intent of concealing or hiding one’s own real name and/or address
and/or age. (Ord. 2001-3 §1)

Sec. 10-10-40. Impersonation of public official.
(a) It is unlawful for any person not a Town officer or employee to willfully or fraudulently
represent himself or herself to be a Town officer or employee.
(b) It is unlawful for any person to purport to perform the duties of any Town officer or
employee if he or she is not an authorized Town officer or employee. (Ord. 2001-3 §1; Ord. 2007-4§1)

Sec. 10-10-50. Interfering with public officers or employees.
(a) It is unlawful for any person to willfully and without authority interfere with any Town
officer in the discharge of his or her duty or to fail or refuse to comply with the order of any officer
having police power within the Town.
(b) It is unlawful for any person to drive a vehicle to or close by the scene of a fire, explosion,
traffic accident, riot or impending riot, other disaster or investigation so as to obstruct or impede the
arrival, departure or operation of any fire truck, police vehicle, ambulance or other emergency
vehicle, or to fail to move a vehicle from the scene of such disaster when ordered to do so by police
officers, firefighters, emergency personnel or military personnel in the performance of their duties in
coping with such fire, explosion, traffic accident, riot or impending riot, other disaster or
investigation.
(c) It is unlawful for any person to knowingly resist, interfere with, impede or obstruct any police
officer, firefighter, emergency medical services provider, rescue specialist, volunteer, Town employee
or other public official who is attempting to discharge or is in the course of discharging an official duty.
(d) As used in this Section:
Emergency medical services provider means a member of a public or private emergency
medical service agency, whether that person is a volunteer or receives compensation for services
rendered as such emergency medical services provider.
Rescue specialist means a member of a public or private rescue agency, whether that person is
a volunteer or receives compensation for services rendered as such rescue specialist.
Volunteer means a person acting in good faith to render such care or assistance without
compensation at the place of an emergency or accident.
(e) It is unlawful for any person to threaten violence, reprisal or any other injurious act to any
police officer, firefighter, Town employee or other public official who is engaged in the performance
of his or her official duties, or to make such a threat by reason of such officer’s performance or
attempted performance of his or her official duties. (Ord. 2001-3 §1)

Sec. 10-10-60. Resisting arrest; escaping custody; rescuing prisoner.
(a) It is unlawful for any person to prevent or attempt to prevent a police officer, acting under
color of his or her official authority, from effecting the arrest of any person, by the use or threatened
use of force, physical violence or any other means which creates a substantial risk of causing physical
injury to such police officer.
(b) Police officer, as used in this Section, means any person defined as a peace officer by Section
18-1-901, C.R.S., who is in uniform or who has displayed his or her credentials to the person whose
arrest is attempted.
(c) A police officer is acting under color of his or her official authority when, in the course of his
or her duties, he or she 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 police officer was acting under color of his or her
authority and did not use unreasonable or excessive force in effecting the arrest.
(d) It is unlawful for any person to escape, attempt to escape, or in any manner aid another to
escape, attempt to rescue or rescue a person, from the custody of a police agent or from the custody of
any person aiding such police agent after being commanded by such police agent to so take such
person into custody; provided that this Section shall not apply when the escapee is being held for a
felony or charged with any felony. (Ord. 2001-3 §1)

Sec. 10-10-70. Disobeying; refusing to aid.
(a) It is unlawful for any person knowingly to disobey the lawful or reasonable order of police
officers, firefighters, emergency personnel or military personnel, given incident to the discharge of
the official duties of such police officers or firefighters or incident to the duties of emergency
personnel or military personnel when coping with an emergency explosion or other disaster.
(b) A person commits an unlawful act when, upon command by a person known to him or her as
a police officer, he or she unreasonably refuses to aid such police officer in coping with an emergency
situation. (Ord. 2001-3 §1)

Sec. 10-10-80. Removing public notice.
It is unlawful for any person to willfully deface, obliterate, tear down, cut or destroy, in whole or
in part, any copy, extract or transcription of any law, ordinance, notice or proclamation of the United
States, the County, the Town or any duly authorized officer thereof, when the same is posted or put
upon any board, building or other authorized place in the Town. (Ord. 2001-3 §1)

Sec. 10-10-90. Special officers.
(a) All special officers shall wear uniform clothing marked with a badge or patch that is
distinctive for each company and that is in no way deceptively similar to the uniform in use by the
Police Department.
(b) All vehicles used by special officers while working shall be marked with a distinctive sign or
emblem for each company which is in no way deceptively similar to the vehicles or emblems of the
Police Department.
(c) All special officers shall carry, in the performance of their duties, a photo identification card
issued by their company that is in no way deceptively similar to the identification carried by officers
of the Police Department.
(d) All persons desiring to do business with the Town as special officers shall first apply to the
Police Department for a permit. The application shall include the name, date of birth, address and
other background information on each and every owner, operator, manager and employee of the
applicant. It is unlawful to carry out the duties of or otherwise act as a special officer in the Town
without first obtaining the permit required by this Section.
(e) All persons associated with or employed by any company or person employing special
officers shall agree to submit to a background check by the Police Department. Any person subject to
a background investigation shall submit a fee of sixty dollars ($60.00) to the Town to cover the cost
of the investigation and shall include two (2) sets of fingerprints.
(1) If any person associated with the applicant is, due to the background investigation,
determined by the Police Chief to be a security risk for the citizens of the Town, the applicant may
not be issued a permit to act as a special officer within the Town. The Police Chief shall endorse
on the application the reason for denial and shall notify the applicant that the application has been
denied and that no permit will be issued.
(2) Any person denied a permit to act as a special officer may request a hearing to show cause
why his or her background investigation was erroneous or constitutes insufficient grounds to deny
the permit. Such hearing shall be requested within ten (10) days after the date of mailing written
notice of the denial by certified mail, return receipt requested, to the applicant’s last known
address. If a hearing is requested, a nonrefundable fee of one hundred dollars ($100.00) shall be
paid to the Town before the hearing will be set. The hearing shall be before the Town Council.
(Ord. 2001-3 §1; Ord. 2007-4 §1)

Sec. 10-10-100. Cruelty to police canines.
It is unlawful for any person to knowingly torture, beat, kick, strike, mutilate, injure, disable, kill,
interfere with the control or handling of or distract from its handler or controller any dog used by the
Police Department when such dog is being used in the performance of any functions or duties of such
department. (Ord. 2001-3 §1)

ARTICLE 11
Disposition of Lost, Abandoned or Recovered Stolen Personal Property

Sec. 10-11-10. Custody of property.
The Police Chief shall have custody of all lost, abandoned and recovered stolen personal property
coming into the possession of the Town and property ordered confiscated by the Municipal Court.
(Ord. 2001-3 §1)

Sec. 10-11-20. Storage of abandoned vehicles and other property.
Whenever a motor vehicle or other personal property is found abandoned upon the streets or
public places of the Town, or whenever personal property for any reason comes into the possession of
the Police Department without a claimant, the Police Chief shall, pending the disposal of said
property, cause such property to be stored on Town property or with a private person engaged in the
business of storing personal property. (Ord. 2001-3 §1)

Sec. 10-11-30. Investigation of ownership.
Upon coming into possession of lost, abandoned or stolen personal property, the Police Chief shall
cause an investigation to be made into the ownership of such property. (Ord. 2001-3 §1)

Sec. 10-11-40. Disposition of motor vehicles.
The Police Chief shall dispose of lost, abandoned or recovered stolen motor vehicles coming into
his or her possession in accordance with the procedures provided therefor by state statute or, in the
absence of such statute, in accordance with a procedure approved by the state department or agency
responsible for the issuance of certificates of title for motor vehicles. (Ord. 2001-3 §1)

Sec. 10-11-50. Notification of owner of other property if known.
If the owner of lost, abandoned or recovered stolen personal property, except motor vehicles and
property ordered confiscated by the Municipal Court, is determined by the Police Chief, he or she
shall give notice in writing to such owner that his or her property is in the possession of the Police
Department and that it will be sold or otherwise disposed of by the Town unless such owner reclaims
the property in the manner provided for by law within twenty (20) days after the effective date of the
notice. The notice shall be sent to the owner at his or her last known address by regular first class
United States mail, postage prepaid, and the notice shall be effective when mailed. (Ord. 2001-3 §1)

Sec. 10-11-60. Advertising for owner if not known.
(a) If the owner of such lost, abandoned or recovered stolen personal property, motor vehicles
excepted, cannot be determined by the Police Chief, he or she shall periodically, and not less than
once each year, cause notice to be posted in at least three (3) public places in the Town, which notice
shall contain the following information:
(1) A description of the lost, abandoned or recovered stolen personal property then in the
possession of the Police Chief; and
(2) A statement that such property will be disposed of by the Town unless the owner thereof
reclaims such property in the manner provided for by law within ten (10) days after the posting of
the notice.
(b) If, at any time prior to the Town’s disposition of such lost, abandoned or recovered stolen
personal property, a person claims such property as the owner thereof, the Police Chief shall return
the property to such claimant, provided that the claimant submits evidence of his or her ownership
which is sufficient to satisfy the Police Chief that the claim is rightful, and provided that the claimant
tenders to the Police Chief the cost incurred by the Town in obtaining possession of such property,
the storage of such property and the posting or mailing of notice relating to such property.
(c) In the event that such lost, abandoned or recovered stolen personal property, motor vehicles
excepted, has been in the possession and custody of the Police Chief for at least thirty (30) days and
in the event that such property remains unclaimed after the giving of notice and the expiration of time
following the notice as provided for in this Article, the Police Chief shall make recommendations to
the Town Council as to the disposition of such property. The Town Council shall, by motion, provide
for the disposition of such property. (Ord. 2001-3 §1)

Sec. 10-11-70. Procedure for sale.
If the Town Council directs that the property be disposed of by sale, the following sale procedure
shall be followed:
(1) The Town Clerk shall post notice of the sale in the Town at least ten (10) days prior to the
sale, which notice shall include a description of the property to be sold and a statement that the
property will be sold at public auction to the highest bidder for cash.
(2) At the date, time and place designated for the sale of the property as set forth and provided
for in the notice of sale, the Police Chief shall cause such property to be sold at public auction to
the highest bidder for cash. No money or negotiable instruments shall be sold at the sale, but shall
become the property of the Town if unclaimed by the owner thereof. In the event that a bid is not
made for an article of personal property offered at the sale, such article of personal property shall
become the property of the Town.
(3) Upon consummation of the sale of the property, the Town Clerk shall issue a receipt to the
successful bidder, which receipt shall indicate thereon the article of personal property sold and the
amount paid therefor. Upon exhibiting the receipt to the Police Chief, the purchaser shall be
entitled to possession of the article so purchased.
(4) The proceeds of the sale of such property shall be first applied upon storage bills, towing
bills, publication fees and other costs of the keeping and sale of such property, and the balance of
such proceeds shall be placed in the General Fund of the Town.
(5) The sale and conveyance of the property shall be without redemption.
(6) No license shall be required of the person conducting the auction provided for herein.
(Ord. 2001-3 §1)

Sec. 10-11-80. Holding as evidence.
In the event that the Town Attorney or other person charged with the duty of prosecuting
violations of Town, state or federal laws requests that any of the lost, abandoned or recovered stolen
property be held, the Police Chief shall retain custody of such property and shall not sell the same
until such property is no longer needed in the prosecution. (Ord. 2001-3 §1)

ARTICLE 12
Offenses Relating to Morals

Sec. 10-12-10. Prostitution prohibited.
(a) Any person who performs or offers or agrees to perform any act of sexual intercourse,
fellatio, cunnilingus, masturbation or anal intercourse with any person not his or her spouse in
exchange for money or other thing of value commits prostitution.
(b) Prostitution is unlawful.
(c) As used in this Section:
Anal intercourse means contact between human beings of the genital organs of one and the
anus of another.
Cunnilingus means any act of oral stimulation of the vulva or clitoris.
Fellatio means any act of oral stimulation of the penis.
Masturbation means stimulation of the genital organs by manual or other bodily contact
exclusive of sexual intercourse. (Ord. 2001-3 §1)

Sec. 10-12-20. Soliciting for prostitution.
(a) A person commits soliciting for prostitution if the person:
(1) Solicits another for the purpose of prostitution;
(2) Arranges or offers to arrange a meeting of persons for the purpose of prostitution; or
(3) Directs another to a place knowing such direction is for the purpose of prostitution.
(b) Soliciting for prostitution is unlawful. (Ord. 2001-3 §1)

Sec. 10-12-30. Keeping a place of prostitution.
(a) Any person who has or exercises control over the use of any place which offers seclusion or
shelter for the practice of prostitution and who performs any one (1) or more of the following acts,
commits keeping a place of prostitution:
(1) Knowingly grants or permits the use of such place for the purpose of prostitution; or
(2) Permits the continued use of such place for the purpose of prostitution after becoming
aware of facts or circumstances from which he or she should reasonably know that the place is
being used for purposes of prostitution.
(b) Keeping a place of prostitution is unlawful. (Ord. 2001-3 §1; Ord. 2007-4 §1)

Sec. 10-12-40. Patronizing a prostitute.
(a) Any person who performs any of the following with a person not his or her spouse commits
patronizing a prostitute:
(1) Engages in an act of sexual intercourse or of deviant sexual conduct with a prostitute; or
(2) Enters or remains in a place of prostitution with intent to engage in an act of sexual
intercourse or deviant sexual conduct.
(b) Patronizing a prostitute is unlawful. (Ord. 2001-3 §1)

Sec. 10-12-50. Pandering.
It is unlawful for any person to pander. A person panders when, for money or other thing of
value, he or she knowingly arranges or offers to aid, abet or advise another so that any person may
engage in prostitution. (Ord. 2001-3 §1)

Sec. 10-12-60. Sexual assault.
It is unlawful for any person knowingly to subject another to any sexual contact where:
(1) The person knows that the victim does not consent;
(2) The person knows that the victim is incapable of appraising the nature of the victim’s
conduct;
(3) The victim is physically helpless and the person knows that the victim is physically
helpless and the victim has not consented;
(4) The person has substantially impaired the victim’s power to appraise or control the victim’s
conduct by employing, without the victim’s consent, any drug, intoxicant or other means for the
purpose of causing submission;
(5) At the time of the commission of the act the victim is less than eighteen (18) years of age
and the person is the victim’s guardian or is otherwise responsible for the general supervision of
the victim’s welfare;
(6) The victim is in custody of law or detained in a hospital or other institution and the person
has supervisory or disciplinary authority over the victim and uses this position of authority, unless
incident to a lawful search, to coerce the victim to submit to any sexual contact; or
(7) The person engages in treatment or examination of a victim for other than a bona fide
medical purpose or in a manner substantially inconsistent with responsible medical practices.
(Ord. 2001-3 §1; Ord. 2007-4 §1)

ARTICLE 13
Noise Control

Sec. 10-13-10. Purpose.
The purpose of this Article is to provide comprehensive regulations regarding noise control within
the Town. The regulation of noise is necessary and in the best interest of the public to prevent
excessive sound and vibration which may jeopardize the health and welfare or safety of its citizens or
degrade the quality of life. (Ord. 2005-3 §1)

Sec. 10-13-20. Definitions.
As used in this Article, the following words and phrases shall have the following meanings, unless
the context clearly indicates another meaning:
Construction means any site preparation, assembly, erection, substantial repair, alteration or
similar action, excluding demolition, for or of public or private rights-of-way, structures, utilities
or similar property.
Demolition means any dismantling, intentional destruction or removal of structures, utilities,
public or private right-of-way surfaces or similar property.
Gross vehicle weight rating (GVWR) means the value specified by the manufacturer as the
recommended maximum loaded weight of a single motor vehicle. In cases where trailers and
tractors are separable, the gross combination weight rating (GCWR), which is the value specified
by the manufacturer as the recommended maximum loaded weight of the combination vehicle,
shall be used.
Motor vehicle means any vehicle which is propelled or drawn on land by a motor, such as, but
not limited to, passenger cars, trucks, truck-trailers, semi-trailers, campers, go-carts, snowmobiles,
amphibious craft on land, dune buggies or racing vehicles and motorcycles.
Motorcycle means an unenclosed motor vehicle having a saddle for the use of the operator and
two (2), three (3) or four (4) wheels in contact with the ground, including, but not limited to motor
scooters and mini-bikes.
Muffler or sound-dissipating device means a device for abating the sound of escaping gases of
an internal combustion engine.
Noise means any sound which annoys or disturbs humans or which causes or tends to cause an
adverse psychological effect on humans.
Noise disturbance means any sound which endangers or injures the safety or health of humans
or animals, annoys or disturbs a reasonable person of normal sensitivities or endangers or injures
personal or real property.
Powered model vehicle means any self-propelled airborne, waterborne or landborne plane,
vessel or vehicle which is not designed to carry persons, including but not limited to any model
airplane, boat, car or rocket.
Public property means any real property or structures thereon which are owned or controlled
by a governmental entity.
Public right-of-way means any street, avenue, boulevard, highway, sidewalk, alley or similar
place which is owned or controlled by a governmental entity.
Real property boundary means an imaginary line along the ground surface and its vertical
extension which separate the real property owned by one (1) person from that owned by another
person, but does not include intra-building real property divisions.
Residential means an area zoned by the Town for any type of residential use or that consists of
single- or multi-family dwellings where businesses may or may not be conducted in such
dwellings.
Sound means an oscillation in pressure, particle displacement, particle velocity or other
physical parameter in a medium with internal forces that causes compression and rarefaction of
that medium. The description of sound may include any characteristic of such sound, including
duration, intensity and frequency.
Vibration means an oscillatory motion of solid bodies of deterministic or random nature
described by displacement, velocity or acceleration with respect to a given reference point.
Weekday means any day Monday through Friday which is not a legal holiday. (Ord. 2005-3§1)

Sec. 10-13-30. Noise disturbances prohibited.
(a) No person shall make, continue or cause to be made or continued any noise that creates a
noise disturbance across a residential real property boundary, including but not limited to the specific
noise disturbances prohibited by this Article.
(b) Noncommercial public speaking and public assembly activities conducted on any public
property or public right-of-way shall be exempt from this Article. (Ord. 2005-3 §1)

Sec. 10-13-40. Amplified sound.
(a) No person shall operate, play or permit the operation or playing of any radio, television,
phonograph, drum, musical instrument, sound amplifier or similar device which produces, reproduces
or amplifies sound in such a manner as to:
(1) Be audible at fifty (50) feet from such device, or from the building in which such device is
located, whichever is greater, except for events open to the public and for which a temporary
permit for such specific event has been issued by the appropriate authority;
(2) Be audible at twenty-five (25) feet from such device, when operated in or on a motor
vehicle on a public right-of-way or public property; or
(3) Create a noise disturbance to any person other than the operator of the device, when
operated by any passenger on a common carrier.
(b) No person shall operate for any noncommercial purpose any loudspeaker, public address
system or other sound-amplifying device between the hours of 10:00 p.m. and 7:00 a.m. the following
day, such that the sound therefrom creates a noise disturbance across a residential real property
boundary.
(c) No person shall use or operate for any commercial purpose any loudspeaker, public address
system or similar device such that the sound therefrom creates a noise disturbance across a residential
real property boundary.
(d) This Section shall not apply to any bell or chime or any device for the reproduction of the
sound of bells or chimes from any church, clock or school. (Ord. 2005-3 §1; Ord. 2007-4 §1)

Sec. 10-13-50. Street sales.
No person shall offer for sale or sell anything by shouting or outcry within any residential area of
the Town. (Ord. 2005-3 §1)

Sec. 10-13-60. Loading and unloading.
No person shall load, unload, open, close or otherwise handle boxes, crates, containers, building
materials, garbage cans or similar objects between the hours of 10:00 p.m. and 7:00 a.m. the
following day in such a manner as to cause a noise disturbance across a residential real property
boundary. (Ord. 2005-3 §1)

Sec. 10-13-70. Construction.
No person shall operate or permit the operation of any tools or equipment in connection with
construction, drilling or demolition work between the hours of 10:00 p.m. and 7:00 a.m. the following
day on weekdays and between the hours of 10:00 p.m. and 8:00 a.m. the following day on weekends
or holidays, such that the sound therefrom creates a noise disturbance across a residential real
property boundary. (Ord. 2005-3 §1)

Sec. 10-13-80. Vehicle repairs.
No person shall repair, rebuild, modify or test any motor vehicle, motorcycle or motorboat in such
a manner as to cause a noise disturbance across a residential real property boundary. (Ord. 2005-3§1)

Sec. 10-13-90. Powered model vehicles.
No person shall operate or permit the operation of a powered model vehicle so as to create a noise
disturbance across a residential real property boundary or on public property between the hours of
10:00 p.m. and 7:00 a.m. the following day on weekdays and between the hours of 10:00 p.m. and
8:00 a.m. the following day on weekends or holidays. (Ord. 2005-3 §1)

Sec. 10-13-100. Emergency signaling devices.
(a) No person shall intentionally sound or permit the sounding outdoors of any fire, burglar or
civil defense alarm, siren, whistle or similar stationary emergency signaling device, except for
emergency purposes or for testing, as provided herein.
(b) No person shall sound or permit the sounding of any exterior burglar or fire alarm or any
motor vehicle burglar alarm unless such alarm is automatically or manually terminated within fifteen
(15) minutes of activation.
(c) Testing of a stationary emergency signalizing device shall occur at the same time of day each
time such a test is performed, but not before 7:00 a.m. or later than 10:00 p.m. Any such testing shall
use only the minimum cycle test time. In no case shall such test time exceed sixty (60) seconds.
(d) Testing of the complete emergency signaling system, including the functioning of the
signalizing device and the personnel response to the signaling device, shall not occur more than once
in each calendar month. Such testing shall not occur before 7:00 a.m. or after 10:00 p.m. The time
limit specified in Subsection (c) above shall not apply to such complete system testing. (Ord. 2005-3§1)

Sec. 10-13-110. Internal combustion equipment.
No person shall operate or permit to be operated any internal combustion equipment, including but
not limited to lawn mowers, weed trimmers, compressors or pumps driven by internal combustion
engines, but excluding motor vehicles and motorcycles, between the hours of 10:00 p.m. and 7:00
a.m. the following day on weekdays and between the hours of 10:00 p.m. and 8:00 a.m. the following
day on weekends or holidays in any residential area. (Ord. 2005-3 §1)

Sec. 10-13-120. Live bands and music.
No person shall play, practice or perform, or permit to be played, practiced or performed, any live
music audible at a residential real property boundary between the hours of 10:00 p.m. and 7:00 a.m.
the following day on weekdays and between the hours of 10:00 p.m. and 8:00 a.m. the following day
on weekends or holidays. (Ord. 2005-3 §1)

Sec. 10-13-130. Motor vehicles.
(a) No person shall:
(1) Operate or cause to be operated any motor vehicle not equipped with a muffler or other
sound-dissipating device meeting the vehicle manufacturer’s specifications, in good working order
and in constant operation;
(2) Modify, remove or render inoperative, or cause to be modified, removed or rendered
inoperative, other than for purposes of maintenance, repair or replacement, any muffler or sounddissipating
device on a motor vehicle;
(3) Sound any horn or other auditory signaling device on or in any motor vehicle on any
public right-of-way or public property, except as provided or allowed by law;
(4) Sound any horn or other auditory signaling device other than the horn or auditory
signaling device with which the motor vehicle was originally equipped; or
(5) Operate the engine of or permit the operation of the engine of any motor vehicle with a
GVWR in excess of ten thousand (10,000) pounds, or any auxiliary equipment attached to such a
vehicle, for a period longer than fifteen (15) minutes in any hour while the vehicle is stationary,
for reasons other than traffic congestion, on a public right-of-way or public property within one
hundred (100) feet of a residential area between the hours of 10:00 p.m. and 7:00 a.m. the
following day on weekdays and between the hours of 10:00 p.m. and 8:00 a.m. the following day
on weekends or holidays.
(b) A summons and compliant charging a violation of this Section shall be issued only upon the
complaint of a private citizen, as opposed to a peace officer. (Ord. 2005-3 §1)

Sec. 10-13-140. Refuse collection vehicles.
No person shall:
(1) Operate or permit the operation of the compacting mechanism of any motor vehicle which
compacts refuse between the hours of 10:00 p.m. and 7:00 a.m. the following day in a residential
area; or
(2) Collect refuse with a refuse collection vehicle between the hours of 10:00 p.m. and 7:00
a.m. the following day within five hundred (500) feet of a residential area. (Ord. 2005-3 §1)

Sec. 10-13-150. Variances.
(a) Upon written application, the Town may grant a variance from the provisions of this Article
if the Town finds that:
(1) Compliance will cause an undue hardship; and
(2) Additional time is necessary for the applicant to alter or modify the activity or operation to
comply with this Article; or
(3) The activity, operation or sound source will be of temporary duration, and even with the
application of the best available control technology abatement of the noise cannot be done in a
manner that would comply with this Article; and
(4) No reasonable alternative is available to the applicant.
(b) If the Town grants a variance, it shall prescribe such reasonable conditions or requirements as
are necessary to minimize adverse effects upon the community or the surrounding neighborhood,
including but not limited to the effective dates, times of day, location, sound pressure level or
equipment limitation. (Ord. 2005-3 §1; Ord. 2007-4 §1)

Sec. 10-13-160. Abatement orders.
In lieu of issuing a summons and complaint, the Town may issue an order requiring abatement of
any source of sound alleged to be in violation of this Article within a reasonable time period and
pursuant to the Town’s requirements for abatement of a nuisance. (Ord. 2005-3 §1)

Sec. 10-13-170. Violation and penalty; defenses.
(a) It is unlawful for any person to violate any of the provisions of this Article, and each and
every day on which any violation of this Article is committed, exists or continues shall be deemed a
separate offense.
(b) Violations of this Article shall be punishable as follows:
(1) For a first violation, a fine of fifty dollars ($50.00).
(2) For a second violation in any twelve-month period, a fine of seventy-five dollars ($75.00).
(3) For a third violation in any twelve-month period and for each subsequent violation during
such twelve-month period, a fine of one hundred dollars ($100.00).
(c) It is a specific defense to a charge of violating this Article that:
(1) The sound was made by an authorized emergency vehicle when responding to an
emergency call or acting in time of emergency;
(2) The sound was made within the terms of a parade, fireworks display or temporary street
closure permit issued by the Town;
(3) The sound was made by the horn of any vehicle as a danger warning signal or by the
sounding of any warning device as required by law;
(4) The sound was made on property belonging to or leased or managed by a federal, state,
county or special district governmental body other than the Town and was made by an activity of
the governmental body or by others pursuant to a contract, lease or permit granted by such
governmental body; or
(5) The sound was made within the terms and conditions of a variance granted by the Town.
(Ord. 2005-3 §1)

Sec. 10-13-180. Other remedies.
This Article shall not be construed to limit or impair any person’s right to pursue other common
law or statutory causes of action or remedies for an injury resulting from a violation of this Article.
(Ord. 2005-3 §1)
Updated 6/26/09