Official Legal Publication serving Lincoln County and the Towns of Arriba, Genoa, Hugo, Karval and Limon
AN ORDINANCE OF THE BOARD OF TRUSTEES OF THE TOWN OF LIMON, COLORADO REPEALING SECTIONS 611, 612, 630, 632 AND 635 AND ADDING NEW SECTIONS 601 THROUGH 609 TO CHAPTER 600 OF THE LIMON MUNICIPAL CODE, REGARDING GENERAL OFFENSES
WHEREAS, Chapter 600 of the Town of Limon Municipal Code addresses offenses; and
WHEREAS, to promote the public health, safety and welfare, the Town now desires to enact new Sections 601 through 609, regarding general offenses, and to repeal Sections 611, 612, 630, 632, and 635.
NOW, THEREFORE, BE IT RESOLVED by the Board of Trustees of the Town of Limon as follows:
Section 1. Section 601 of Chapter 600 of the Town of Limon Municipal Code is hereby enacted to read as follows:
SECTION 601 – GENERAL OFFENSES
601.1. Applicability. All provisions in this Section shall apply within the Town limits and within the boundaries of any property owned by or under control of the Town, whether inside or outside the Town limits.
601.2. Criminal Attempt.
601.2.1. A person commits criminal attempt if, acting with the kind of culpability otherwise required for commission of an offense, they engage in conduct constituting a substantial step toward the commission of an offense which would constitute a violation of this Code. 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. Factual or legal impossibility of committing the offense is not a defense if the offense could have been committed had the attendant circumstances been as the actor believed them to be, nor is it a defense that the crime attempted was actually perpetrated by the accused.
601.2.2. A person who engages in conduct intending to aid another to commit an offense commits criminal attempt if the conduct would establish their complicity under Section 601.4 below were the offense committed by the other person, even if the other person is not guilty of committing or attempting the offense.
601.2.3. It is an affirmative defense to a charge under this Section that the defendant abandoned their effort to commit the crime or otherwise prevented its commission, under circumstances manifesting the complete and voluntary renunciation of this criminal intent.
601.3. Conspiracy.
601.3.1. A person commits conspiracy to commit a crime if, with the intent to promote or facilitate its commission, they agree with another person that they, or one or more of them, will engage in conduct which constitutes a crime or an attempt to commit a crime, or they agree to aid the other person in the planning or commission of a crime or of an attempt to commit such crime.
601.3.2. 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 them or by a person with whom they conspired.
601.3.3. If a person knows that one with whom they conspire to commit a crime has conspired with another person to commit the same crime, they are guilty of conspiring to commit a crime with the other person, whether or not they know the other person's identity.
601.3.4. If a person conspires to commit a number of crimes, they are guilty of only one conspiracy, so long as such multiple crimes are part of a single criminal episode.
601.3.5. Conspiracy to commit a misdemeanor is a misdemeanor.
601.3.6. Conspiracy to commit a petty offense is a crime of the same class as the offense itself.
601.4. Complicity. A person is legally accountable as principal for the behavior of another constituting a violation of this Code if, with the intent to promote or facilitate the commission of the offense, they aid, abet or advise the other person in planning or committing the offense.
601.5. Accessory to Crime.
601.5.1. A person is an accessory to crime if, with intent to hinder, delay or prevent the discovery, detention, apprehension, prosecution, conviction or punishment of another for the commission of a violation of this Code, they render assistance to such person. The term render assistance means to:
1. Harbor or conceal the other;
2. Warn 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. Provide such person with money, transportation, weapon, disguise or other thing to be used in avoiding discovery or apprehension;
4. By force, intimidation or deception, obstruct anyone in the performance of any act which might aid in the discovery, detection, apprehension, prosecution, conviction or punishment of such person; or
5. Conceal, destroy or alter any physical evidence that might aid in the discovery, detection, apprehension, prosecution, conviction or punishment of such person.
601.5.2. Being an accessory to crime is a Class 1 petty offense if the offender knows that the person being assisted has committed, has been convicted of, or is charged by pending information, indictment or complaint with a crime, or is suspected of, or wanted, for a crime, and if that crime is designated by this Code as a misdemeanor of any class.
601.6. Aiding and Abetting. Every person who commits, attempts to commit, conspires to commit, aids or abets in the commission of any act declared herein to be in violation of this Code or the ordinances of the Town, whether individually or in connection with one or more persons, as a principal, agent or accessory, shall be guilty of such offense, and every person who fraudulently, forcibly or willfully induces, causes, coerces, requires, permits or directs another to violate this Code or any ordinance of the Town is likewise guilty of such offense.
Section 2. Section 602 of Chapter 600 of the Town of Limon Municipal Code is hereby enacted to read as follows:
SECTION 602 – OFFENSES INVOLVING GOVERNMENT AND PUBLIC OFFICERS
602.1. Impersonating a Town Officer or Employee. It is unlawful for any person to willfully, unlawfully or fraudulently represent himself or herself to be a Town officer or an employee of the Town and purporting to perform the duties of such officer or employee when they are not an authorized officer or employee of the Town.
602.2. Obstructing a Peace Officer, Firefighter, Emergency Medical Services Provider, Rescue Specialist or Volunteer.
602.2.1. A person commits obstructing a peace officer, firefighter, emergency medical services provider, rescue specialist or volunteer when, by using or threatening to use violence, force, physical interference or an obstacle, such person intentionally obstructs, impairs or hinders the performance of any duty of the peace officer, firefighter, emergency medical services provider, rescue specialist or volunteer.
602.2.2. To assure that animals used in law enforcement or fire prevention activities are protected from harm, a person commits obstructing a peace officer or firefighter when, by using or threatening to use violence, force, physical interference or an obstacle, they knowingly obstruct, impair or hinder any such animal.
602.2.3. It is not a defense to a prosecution under this Section that the peace officer or firefighter was acting in an illegal manner, if the peace officer or firefighter was acting under color of their official authority.
602.2.4. This Section does not apply to the obstruction, impairment or hindrance in the making of an arrest.
602.3. False Reporting to Authorities. A person commits false reporting to authorities if they:
1. Knowingly causes a false alarm of fire or other emergency or a false emergency exit alarm to sound or to be transmitted to or within an official or volunteer fire department, ambulance service, law enforcement agency or any other government agency that deals with emergencies involving danger to life or property;
2. Make a report or knowingly causes the transmission of a report to law enforcement authorities of a crime or other incident within their official concern when they know that it did not occur;
3. Makes a report or knowingly causes the transmission of a report to law enforcement authorities, pretending to furnish information relating to an offense or other incident within their official concern when they know that they have no such information or knows that the information is false; or
4. Knowingly provides false identifying information to law enforcement authorities. For purposes of this Paragraph, the term identifying information means a person's name, address, birth date, social security number, driver's license or State identification number.
602.4. Resisting Arrest. It is unlawful to resist arrest by knowingly preventing a peace officer, while in the discharge of their duty, from effecting an arrest by:
1. Using or threatening to use physical force or violence against the peace officer or another; or
2. Using any other means which creates a substantial risk of causing physical injury to the peace officer or another.
602.5. Escape.
602.5.1. It is unlawful for any person to offer or endeavor to assist any person in the custody of a peace officer to escape or to attempt to escape from custody.
602.5.2. It is unlawful for any person to escape or attempt to escape the custody of a peace officer.
602.6. 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 State, 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 .
Section 3. Section 603 of Chapter 600 of the Town of Limon Municipal Code is hereby enacted to read as follows:
SECTION 603 – OFFENSES INVOLVING STREETS AND PUBLIC PLACES
603.1. Interference in Public Buildings.
603.1.1. No person shall deny any public official, public employee or invitee the right to enter, use or leave a building or facility owned, operated or controlled by the Town, the State or any of its political subdivisions.
603.1.2. No person shall, at or in any such public building, willfully impede any public official or employee in the lawful performance of duties or activities through the use of restraint, coercion, intimidation or by force and violence or threat thereof.
603.1.3. No person shall willfully refuse or fail to leave any such public building upon being requested to do so by the chief administrative officer charged with maintaining order in such public building, if the person has committed, is committing, threatens to commit or incites others to commit any act which did, or would if completed, disrupt, impair, interfere with or obstruct the lawful missions, processes, procedures or functions being carried on in the public building.
603.1.4. No person shall, at any meeting or session conducted by any judicial, legislative or administrative body or official at or in any public building, willfully impede, disrupt or hinder the normal proceedings of such meeting or session by any act of intrusion into the chamber or other areas designated for the use of the body or official conducting the meeting or session, or by any act designed to intimidate, coerce or hinder any member of such body or official engaged in the performance of duties at such meeting or session.
603.2. Conduct on Public Property. It is unlawful for any person to enter or remain in, or on any public property, or to conduct himself or herself in or on the same in violation of any order, rule or regulation issued by any officer or agency having the power of control, management or supervision of the building or property. In addition to any orders, rules or regulations adopted, it is unlawful to:
1. Light or make any fire within facilities, or on property owned by the Town, unless as otherwise permitted under this Code;
2. Destroy or damage any Town property, building or facility, or any signs, objects or vegetation on Town property; or
3. Erect, build or place any tent, building, booth, stand or other structure in or upon any Town property without first having obtained permission from the Town.
603.3. Obstructing Streets or Sidewalks. A person commits an offense if, without the right to do so, such person intentionally, knowingly or recklessly:
1. Obstructs a highway, street, sidewalk, railway, waterway, building entrance, elevator, aisle, stairway or hallway in the Town, to which the public or a substantial group of the public has access, or any other place used for the passage of persons, vehicles or conveyances, whether the obstruction arises from their acts alone or from their acts and the acts of others;
2. Disobeys a reasonable request or order to move, issued by a person the individual knows to be a peace officer, firefighter or person with authority to control the use of the premises, to prevent obstruction of a street or passageway or to maintain public safety by dispersing those gathered in dangerous proximity to a fire, riot or other hazard; or
3. Obstructs the entrance into or exit from a funeral or funeral site or obstructs a street or other passageway where a funeral procession is taking place.
603.4. Damage or Removal of Street Signs. It is unlawful for any person without proper authorization to willfully remove, deface, damage or destroy any street sign, traffic control sign or warning sign or device erected or placed in or adjacent to any street.
Section 4. Section 604 of Chapter 600 of the Town of Limon Municipal Code is hereby enacted to read as follows:
SECTION 604 – OFFENSES INVOLVING PUBLIC, PRIVATE AND PERSONAL PROPERTY
604.1. Criminal Mischief. It is unlawful for any person to knowingly damage the real or personal property of one or more other persons in the course of a single criminal episode where the aggregate damage to the real or personal property is less than $500.00.
604.2. Damaging Public Property.
604.2.1. It is unlawful for any person to willfully, maliciously, wantonly or negligently destroy public real property, or improvements thereto, public personal property or property which the law requires the Town to maintain or which by contract the Town is required to maintain.
604.2.2. It is unlawful for any vehicle 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 Subsection shall be construed to prohibit the use of studded snow tires.
604.2.3. This Section shall not apply when the aggregate value of the property damaged in any one criminal episode is valued at $1,000.00 or more.
604.3. Damaging Private Property.
604.3.1. It is unlawful for any person to willfully, maliciously, wantonly or negligently injure, damage or destroy the real or personal property of another. This Section shall not apply to any person showing a legal right or authority to injure, damage or destroy such property. In addition, this Section shall not apply where the damage is affected by means of fire or explosives or with the intent to defraud.
604.3.2. This Section shall not apply when the aggregate value of the property damaged in any one criminal episode is valued at $1,000.00 or more.
604.4. Removal of Posters. It is unlawful for any person to willfully, maliciously, wantonly or negligently 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.
604.5. Trespassing. It is unlawful for any person without authority or permission to knowingly enter, or to remain in or upon the premises of another or to fail or refuse to remove themself from such premises when requested to leave by the owner or person entitled to the possession thereof.
604.6. Theft.
604.6.1. It is unlawful for a person to commit theft. A person commits theft when they knowingly obtain, retain or exercise possession of, or control over anything of value of another without authorization or by threat or deception, and:
1. Intend to deprive the other person permanently of the use or benefit of the thing of value;
2. Knowingly use, conceal or abandon the thing of value in such manner as to deprive the other person permanently of its use or benefit;
3. Use, conceal or abandon the thing of value, intending that such use, concealment or abandonment will deprive the other person permanently of its use and benefit; or
4. Demand any consideration to which they are not legally entitled as a condition of restoring the thing of value to the other person.
604.6.2. This Section shall not apply when the aggregate value of the item taken in any one criminal episode is valued at $1,000.00 or more, nor where the item taken is a motor vehicle, trade secret or credit device.
604.7. Shoplifting. It is unlawful for any person to knowingly obtain or exercise control over any goods, wares or merchandise having a total value of less than $1,000.00 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.
604.8. Questioning Regarding Theft. If any person conceals, upon their 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 officer shall not render the merchant, merchant's employee or peace officer civilly liable for slander, false arrest, false imprisonment, malicious prosecution or unlawful detention.
604.9. Joyriding. It is unlawful for any person to knowingly 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.
604.10. Graffiti.
604.10.1. It is unlawful for any person to deface public or private property with graffiti which is visible to public view.
604.10.2. 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.
604.10.3. When graffiti is found, the Town shall order the occupant or owner of property, on which graffiti is found, at the occupant or owner's sole expense, to remove or correct the same within 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 enter onto the property, after obtaining permission of the occupant or owner, to remove the graffiti, 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.
604.10.4. If the occupant or owner refuses the Town entry onto the property to remove the graffiti, the Town may request an order authorizing the Town to enter onto the property and remove the graffiti, assessing the cost of removal against the defendant.
604.11. Tampering and Unauthorized Connection.
604.11.1. Any person who connects any pipe, tube, stopcock, wire, cord, socket, motor or other instrument or contrivance with any main, service pipe or other medium conducting or supplying gas, or water or electricity to any building, without the knowledge and consent of the person supplying such gas, water or electricity, commits tampering and unauthorized connection, which is unlawful.
604.11.2. Any person who in any manner alters, obstructs or interferes with any meter pit, meter or metering device provided for measuring or registering the quantity of gas, water or electricity passing through said meter, without the knowledge and consent of the person owning said meter, commits tampering and unauthorized connection, which is unlawful.
604.11.3. A person who tampers with property of another with intent to cause injury, inconvenience or annoyance to that person, or to another, or if they knowingly make unauthorized connection with property of a utility, commits tampering and unauthorized connection, which is unlawful.
604.11.4. Nothing in this Section shall be construed to apply to any licensed electrical or plumbing contractor while performing usual and ordinary services in accordance with recognized customs and standards.
Section 5. Section 605 of Chapter 600 of the Town of Limon Municipal Code is hereby enacted to read as follows:
SECTION 605 – OFFENSES INVOLVING PUBLIC PEACE, ORDER AND DECENCY
605.1. Disorderly Conduct. It is unlawful for any person to knowingly, intentionally, or recklessly:
1. Make a coarse and obviously offensive utterance, gesture or display in a public place and the utterance, gesture or display tends to incite an immediate breach of the peace;
2. Make unreasonable noise in a public place or near a private residence that they have no right to occupy;
3. Fight with another in a public place except in an amateur or professional contest of athletic skill;
4. Not being a peace officer, discharge a firearm within the Town limits; or
5. Not being a peace officer, display a deadly weapon, display any article, used or fashioned, in a manner to cause a person to reasonably believe that the article is a deadly weapon, or represent, verbally or otherwise, that they are armed with a deadly weapon in a public place in a manner calculated to alarm.
605.2. 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, they significantly obstruct or interfere with the meeting, procession or gathering by physical action, verbal utterances or any other means.
605.3. Harassment.
605.3.1. A person commits harassment if, with intent to harass, annoy or alarm another person, they:
1. Strikes, shoves, kicks or otherwise touches a person or subjects them 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 in or about a public place;
4. Initiates communication with a person, anonymously or otherwise, by telephone, telephone network, data network, text message, instant message, 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.
605.3.2. As used in this Section, unless the context otherwise requires, the term 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.
605.3.3. Any act prohibited herein 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.
605.4. Loitering.
605.4.1. A person commits the offense of loitering if they:
1. Loiters for the purpose of unlawful gambling with cards, dice or other gambling paraphernalia;
2. Loiters for the purpose of engaging or soliciting another person to engage in prostitution or any sexual act;
3. Loiters with intent to interfere with or disrupt a school or any children's program or, with intent to interfere with or endanger children, loiters in a school building, on school grounds or within 100 feet of grounds where children typically congregate or occupy, when persons under the age of 18 are present, in the building or on the grounds, not having any reason or relationship involving custody of, or responsibility for, a pupil, or any other specific legitimate reason for being there, and having been asked to leave by a school administrator or their representative or by a peace officer or any official authorized to do so; or
4. Loiters with one or more persons for the purpose of unlawfully using or possessing a controlled substance.
605.4.2. It is an affirmative defense that the defendant's acts were lawful and they were exercising their rights 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.
605.4.3. When any person causes any of the conditions or commits any of the acts specified in this Section, a peace 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.
605.5. Storage of Flammable Liquids. It is unlawful to store or cause to be stored or parked, except for delivery, any tank vehicle carrying flammable liquids or gases upon any streets, ways or avenues of the Town or in any other part of the Town, except those areas zoned for such uses.
605.6. Throwing Stones or Missiles. No person shall throw, shoot or project any stone, arrow, pellet, dart, ball bearing or other missile at or against any person, animal, public or private property or building, or at or against any vehicle or equipment designed for the transportation of persons or property. The provisions of this Section shall not apply to a person throwing, projecting or shooting any missile at any animal to protect their person or property or the person or property of another from physical injury.
605.7. Public Indecency. It is unlawful to commit public indecency. 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 or deviate sexual intercourse.
2. A lewd exposure of the body done with intent to arouse or to satisfy the sexual desire of any person.
3. A lewd fondling or caressing of the body of another person.
4. An act of masturbation which, for purposes of this Section, means the real or simulated touching, rubbing or otherwise stimulating of a person's own genitals in a pubic area for the purpose of sexual gratification or arousal of the person, regardless of whether the genitals or pubic area is exposed or covered.
5. Urinating or defecating in any place except sanitary facilities constructed for that purpose connected to an authorized sewage collection system.
605.8. Occupation of Recreational Vehicles and Trailers.
605.8.1. Definitions. As used in this Section, the following words shall have the following meanings:
Recreational vehicle means a vehicular or portable unit mounted on a chassis and wheels, which either has its own motive power or is mounted on or drawn by another vehicle, such as travel trailers, tent trailers, truck campers, camping trailers or motor homes. A recreational vehicle is generally not designed or intended for use as a permanent dwelling or sleeping place but is to provide temporary living or sleeping quarters for recreational, camping or travel use.
Trailer means a non-motorized vehicle or attachment to a vehicle designed to carry or house persons, property, animals, waste, materials or any other items on or in its own structure, which is typically drawn by a motor vehicle, including, without limitation, semi-trailers and utility trailers.
605.8.2. Unlawful acts. It is unlawful for any person to occupy or permit the occupancy or use of any parked or stored recreational vehicle or trailer for living or housekeeping purposes or for the housing or keeping of animals within the Town, except as provided below:
1. The use of a recreational vehicle or trailer for temporary sleeping quarters only, for a period of not more than 14 consecutive days, or 30 days in the aggregate in any calendar year, shall not be deemed occupancy for living or housekeeping purposes. This exception shall only apply on private property with the permission of the property owner and as an accessory use to an existing residence.
2. The prohibition set forth in this Section shall not apply to a mobile home used as a residence and located in a mobile home park or mobile home subdivision.
605.8.3. Utility connections. Connection of a recreational vehicle or trailer to utilities, including electricity, water, sewer, gas or propane, either directly or by way of attachment to or connection with an existing building or structure receiving such utilities, shall be prima facie evidence of use or occupation of the recreational vehicle or trailer for living or housekeeping purposes.
605.8.4. Responsibility. The owner, or any person in possession of any property used in violation of this Section, shall be held responsible for any violation thereof, whether or not the owner or person in possession or any agent thereof committed the violation or has neglected to prevent the violation by another person.
605.8.5. Notice of violation.
1. If a recreational vehicle or trailer is being improperly occupied in violation of this Section, the Town Manager or other authorized person shall send by personal service, or by certified mail, return receipt requested, addressed to the owner of the recreational vehicle or trailer, a notice that a violation exists.
2. The notice shall contain a description of the recreational vehicle or trailer, the name of the owner and a description of the violation.
3. The notice shall state that the owner has seven business days from the date of the notice to cease the violation or to provide the Town with a plan to cure the violation.
4. The notice shall state that, if the Town does not approve a plan to cure the violation or the violation is not ceased in the time provided, the recreational vehicle or trailer will be deemed uninhabitable, and the Town may seek an order from the Municipal Court to tow and impound the recreational vehicle or trailer.
5. The notice shall state that the owner may appeal the Town's determination by submitting a written appeal to the Town Clerk within five business days of receipt of the notice.
If the Town does not approve a plan to cure the violation, or the violation is not ceased in the time provided by the Town, the recreational vehicle or trailer will be deemed uninhabitable, and the Town shall post a notice on the recreational vehicle or trailer's entrance. Any recreational vehicle or trailer that is deemed uninhabitable may not be occupied.
605.8.6. Appeal. If an owner appeals the Town's assessment of a violation, the Town Clerk will designate the next available meeting of the Board of Trustees, as the date when such owner may appear and be heard before the Board of Trustees. The final decision of the Board of Trustees may be appealed to an appropriate court pursuant to Rule 106(a)(4) of the Colorado Rules of Civil Procedure. The Municipal Court shall not have jurisdiction over such civil action.
605.8.7. Penalty. Failure to comply with this Section shall constitute a civil infraction and shall be punishable in accordance with the provisions of Section 609 of this Code. In addition to such penalty, the Municipal Court may order law enforcement to:
1. Remove the occupants of an uninhabitable recreational vehicle or trailer in accordance with this Section.
2. Tow and impound any recreational vehicle or trailer located on private property that is in violation of this Section.
605.9. Camping.
605.9.1. Definitions. As used in this Section, the following words shall have the following meanings:
Camping means to sleep, spend the night, reside or dwell temporarily, with or without bedding or other camping gear and with or without shelter, or to conduct activities of daily living, such as eating, sleeping or storage of personal property.
The term camping shall not include incidental napping or picnicking.
Motor vehicle means any self-propelled vehicle, which is designed primarily for travel on the public highways, and which is generally and commonly used to transport persons and property over the public highways. For purposes of this
Section, the term motor vehicle shall not include a recreational vehicle.
Recreational vehicle means a vehicular or portable unit mounted on a chassis and wheels, which either has its own motive power or is mounted on or drawn by another vehicle, such as travel trailers, tent trailers, truck campers, camping trailers or motor homes. A recreational vehicle is generally not designed or intended for use as a permanent dwelling or sleeping place but is to provide temporary living or sleeping quarters for recreational, camping or travel use.
605.9.2. Unlawful acts. It is unlawful for any person to:
1. Camp on any publicly owned property or within any park, parkway, recreational area, open space, street, alley, right-of-way or other property owned or controlled by the Town, unless expressly allowed by the Town.
2. Camp on any privately owned property in the Town.
3. Occupy a motor vehicle, whether operable or not, for living or sleeping purposes.
605.9.3. Penalty. In addition to the penalty provision contained in Section 609 of this Code, the Municipal Court may order law enforcement to tow and impound any motor vehicle located on public or private property that is being used in violation of this Section.
Section 6. Section 606 of Chapter 600 of the Town of Limon Municipal Code is hereby enacted to read as follows:
SECTION 606 – OFFENSES INVOLVING PUBLIC HEALTH AND SAFETY
606.1. Storage of Construction Materials. No person shall keep or store any construction materials, unless such materials are covered, secured or in some manner protected, to prevent such materials from being blown, scattered about or otherwise moved by wind, water or other natural causes.
606.2. Shooting or Harassing Wild Animals.
606.2.1. It is unlawful for any person, willfully and unnecessarily, to shoot, capture, harass, injure or destroy any wild bird or wild animal, or attempt to shoot, capture, harass, injure or destroy any such wild bird or wild animal anywhere within the Town.
606.2.2. No person shall willfully destroy, rob or disturb the nest, nesting place, burrow, eggs or young of any wild bird or wild animal anywhere within the Town.
606.2.3. For purposes of this Section, the following definitions shall apply:
Wild animal means and includes any animal native to the State, but does not include rattlesnakes, fish, any species of amphibians, Norway rats or common house mice.
Wild bird means and 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 the Town.
606.2.4. The provisions of this Section shall not apply to the personnel of any police or fire department, animal control or wildlife officer, health agency or other State or Federal agency, when such persons are acting within the scope of their official duties as employees of such agencies.
606.2.5. The provisions of this Section are not intended to allow the destruction of any bird or animal protected by State or Federal law.
606.3. Fire Hydrants. It is unlawful for any person to:
1. Connect or in any way draw water from any fire hydrant located within or outside of the Town, which is served by Town water unless such person has first obtained permission from the Town in writing.
2. Disconnect or in any way disrupt the flow of water to any fire hydrant located within the Town unless such person has first notified the Fire Department and designated the fire hydrant to be disconnected or disrupted for a specific period of time, and advising the Fire Department when the disconnection is to be made and when water service is restored to the hydrant.
606.4. Discharging Firearms.
606.4.1. Except as provided herein, it is unlawful for any person other than a peace officer or a member of the Armed Forces of the United States or the Colorado National Guard, acting in the lawful discharge of their duties, to discharge or cause to be discharged any firearm within or into the Town limits.
606.4.2. Nothing contained in this Section shall prevent the use of firearms in establishing shooting galleries or at shooting ranges and where such firearms may be discharged, so as not to endanger persons or property and the persons are protected from the projectiles from such firearms.
606.4.3. The Town may grant written permission to persons within the Town to permit the discharge of firearms at a certain locality within the Town at a fixed time.
606.4.4. Except as provided herein, it is unlawful for any parent, guardian or other person having the care and custody of any minor child under the age of 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 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.
Section 7. Section 607 of Chapter 600 of the Town of Limon Municipal Code is hereby enacted to read as follows:
SECTION 607 – OFFENSES INVOLVING MINORS
607.1. Curfew. It is unlawful for any person under the age of 18 years of age to be or remain in or upon any of the streets, alleys or public places in the Town between the hours of 12:00 a.m. and 5:00 a.m., Monday through Sunday, unless such person is accompanied by a parent, guardian or other person having the legal custody of such minor person or is in the performance of an errand or duty directed by such parent, guardian or other person having the care and custody of such minor person, or whose employment makes it necessary to be upon said streets, alleys or public places after such specified hours. This exception shall not apply when the person under such age is unnecessarily loitering in or upon any such street, alley or public place.
607.2. Responsibility of Parent or Guardian.
607.2.1. It is unlawful for any person to knowingly permit any minor child to violate, or to aid, abet, approve, encourage, allow, permit, tolerate or consent to the violation by any minor child of, any provision of this Section or any ordinances of the Town.
607.2.2. It is the duty of the parent, guardian or person having the charge custody or control of a minor child to actively prevent the minor child lawfully under their direction, control or custody from violating this Code.
607.3. Encouraging Delinquency. It is unlawful for any person, by any act or neglect, to encourage, aid or cause a child to violate any provision of this Code.
607.4. False Statements; False Credentials. It is unlawful for any person under 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.
607.5. Services of Others. It is unlawful for any underage person to engage or utilize the services of any other person, whether for remuneration or not, to procure any item which the underage person is not of applicable legal age to procure.
607.6. Sale and Possession of Cigarettes and Tobacco Products.
607.6.1. For purposes of this Section, the term tobacco products means any product that contains nicotine or tobacco, or is derived from tobacco and is intended to be ingested or inhaled by or applied to the skin of an individual, or any electronic device that can be used to deliver nicotine to the person inhaling from the device, including but not limited to an electronic cigarette, cigar, cigarillo or pipe.
607.6.2. It is unlawful for any person to knowingly furnish to a minor, by gift, sale or any other means, any tobacco products. It shall be an affirmative defense to a prosecution under this Subsection, that the person furnishing the cigarettes or tobacco products was presented with, and reasonably relied upon, a valid State driver's license or other government-issued form of identification, which identified the person receiving the cigarettes or tobacco products as being 18 years of age or older.
607.6.3. Any minor who purchases or attempts to purchase any cigarettes or tobacco products or is found to be in possession of any cigarettes or tobacco products, commits an offense and upon conviction thereof, shall be punished by a fine of not less than $50.00 and not more than $500.00 upon said person's first violation hereunder. Any person who commits a second or subsequent offense shall be fined not less than $100 and not more than $500.
607.6.4. It shall be an affirmative defense that the minor was acting at the direction of an employee of a governmental agency authorized to enforce or ensure compliance with laws relating to the prohibition of the sale of tobacco products to minors.
Section 8. Section 608 of Chapter 600 of the Town of Limon Municipal Code is hereby enacted to read as follows:
SECTION 608 – ALCOHOLIC BEVERAGES AND DRUGS
608.1. Definitions.
608.1.1. For purposes of this Section, the following terms shall have the following meanings:
Alcoholic beverage means fermented malt beverages or malt, vinous or spirituous liquors.
Controlled substance means a drug or other substance or an immediate precursor, which is declared to be a controlled substance, and also includes marijuana, marijuana concentrate and cocaine.
Ethyl alcohol, also commonly called ethanol, drinking alcohol or simply alcohol, is the principal type of alcohol found in alcoholic beverages, produced by the fermentation of sugars by yeasts.
Private property means any dwelling and its curtilage, which is being used by a natural person, for habitation and which is not open to the public, and privately owned real property which is not open to the public. Private property shall not include:
1. Any establishment which has or is required to have a license pursuant to Article 46, 47 or 48 of Title 12, C.R.S.;
2. Any establishment which sells alcoholic beverages or upon which alcoholic beverages are sold; or
3. Any establishment which leases, rents or provides accommodations to members of the public generally.
Public place means any place commonly or usually open to the general public or to which members of the general public may resort, or accessible to members of the general public. By way of illustration, such public places include, but are not limited to, public ways, streets, buildings, sidewalks, alleys, parking lots, shopping centers, shopping center malls, places of business usually open to the general public, and automobiles or other vehicles in or upon any such places, but shall not include the interior or enclosed yard area of private homes, residences, condominiums or apartments.
Underage person means a person who has not attained the age of 21 years.
608.1.2. All other definitions shall have the same meanings as prescribed in Section 18-13-122, C.R.S.
608.2. Alcohol-Related Violations.
608.2.1. It is unlawful for any person under the age of 21 years to possess, purchase or consume any alcoholic beverage within the Town.
608.2.2. It is unlawful to serve, give away, dispose of, exchange, deliver or permit the sale, serving, giving or procuring of any alcoholic beverage to or for any person under the age of 21 years, a visibly intoxicated person or a known habitual drunkard.
608.3. Illegal Possession or Consumption of Ethyl Alcohol by Underage Person.
608.3.1. It is unlawful for any person under 21 years of age to possess or consume ethyl alcohol in the Town. Illegal possession or consumption is a strict liability offense.
608.3.2. 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.
608.3.3. It is an affirmative defense to the offense described in Subsection A. above that the ethyl alcohol was possessed or consumed by a person under 21 years of age under the following circumstances:
1. While such person was legally upon private property with the knowledge and consent of the owner or legal possessor of such private property and the ethyl alcohol was possessed or consumed with the consent of their parent or legal guardian who was present during such possession or consumption; or
2. When the existence of ethyl alcohol in a person's body was due solely to the ingestion of a confectionery which contained ethyl alcohol within the limits prescribed by Section 25-5-410(1)(i)(II), C.R.S., or the ingestion of any substance which was manufactured, designed or intended primarily for a purpose other than oral human ingestion, or the ingestion of any substance which was manufactured, designed or intended solely for medicinal or hygienic purposes, or solely from the ingestion of a beverage which contained less than one-half percent of ethyl alcohol by weight.
608.3.4. An underage person shall be immune from criminal prosecution under this Section if they establish the following:
1. The underage person called 911 and reported in good faith that another underage person was in need of medical assistance due to alcohol consumption;
2. The underage person who called 911 provided their name to the 911 operator;
3. The underage person was the first person to make the 911 report; and
4. The underage person who made the 911 call remained on the scene with the underage person in need of medical assistance until assistance arrived and cooperated with medical assistance or law enforcement personnel on the scene.
608.3.5. Prima facie evidence of a violation of Section 608.3.1 shall consist of:
1. Evidence that the defendant was under the age of 21 years and possessed or consumed ethyl alcohol anywhere in the Town; or
2. Evidence that the defendant was under the age of 21 years and manifested any of the characteristics commonly associated with ethyl alcohol intoxication or impairment while present anywhere in the Town.
608.3.6. During any trial for a violation of this Section, any bottle, can or other container with labeling indicating the contents of such bottle, can or other container shall be admissible evidence; and the information contained on any label on such bottle, can or other container shall be admissible evidence and shall not constitute hearsay. A judge or a jury, whichever is appropriate, 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.
608.4. Public Possession and Consumption. It is unlawful for any person to possess an open container or to consume any alcoholic beverage, whether such possession is actual or constructive in any public place, except as follows:
1. The property is duly licensed by the Town and State for the sale of alcoholic beverages;
2. It is in a Town park during hours when the park is open to the public but no later than 11:00 PM no earlier than 5:00 AM on any day unless a special events permit has been issued; or
3. It is in a facility owned or controlled by the Town, in which the Town Manager or their designee has authorized the possession and consumption of alcohol, and such possession or consumption is in compliance with all conditions imposed by the Town Manager or their designee;
4. It is the Town's sole discretion to limit or deny the consumption of alcohol by any individual or group of individuals at any time for any reason.
608.5. Possession and Consumption of Marijuana or Controlled Substances.
It is unlawful for any person to openly and publicly display or consume one ounce or less of marijuana or any other controlled substance. The term publicly means occurring or existing in a public place or occurring or existing in any outdoor location where the consumption of marijuana is clearly observable from a public place or detectable in any manner.
608.6. Possession and Consumption of Marijuana or Controlled Substances by Minor.
608.6.1. Except as described by Section 14 of Article XVIII of the Colorado Constitution and Section 18-18-406, C.RS., it is unlawful for a person under 21 years of age to possess or consume marijuana or other controlled substances. Illegal possession or consumption by an underage person is a strict liability offense.
608.6.2. Except as described by Section 14 of Article XVIII of the Colorado Constitution and Section 18-18-406.3, C.RS., it is unlawful for a person under 21 years of age to possess marijuana paraphernalia and know or reasonably should know that the marijuana paraphernalia could be used in circumstances in violation of the laws of the State. Illegal possession of marijuana paraphernalia by an underage person is a strict liability offense.
608.6.3. An underage person shall be immune from criminal prosecution under this Section if they establish the following:
1. The underage person called 911 and reported in good faith that another underage person was in need of medical assistance due to marijuana or other controlled substance consumption;
2. The underage person who called 911 provided their name to the 911 operator;
3. The underage person was the first person to make the 911 report; and
4. The underage person who made the 911 call remained on the scene with the underage person in need of medical assistance until assistance arrived and cooperated with medical assistance or law enforcement personnel on the scene.
Section 9. Section 609 of Chapter 600 of the Town of Limon Municipal Code is hereby enacted to read as follows:
SECTION 609 – GENERAL PENALTY
609.1. Violations. It is a violation of this Code for any person to do any act which is forbidden or declared to be unlawful or to fail to do or perform any act required in this Code.
609.2. General Penalty for Violation.
609.2.1. Any person who shall violate or fail to comply with any provision of this Code, for which a different penalty is not specifically provided for in the Town of Limon Fee and Fine Schedule shall, upon conviction thereof, be punished by a fine not exceeding $2,650.00, or by imprisonment not exceeding one year or by both such fine and imprisonment, except as hereinafter provided herein. Such person shall pay all costs and expenses in the case, including attorney fees. Each day such violation continues shall be considered a separate offense.
609.2.2. Every day, any violation of this Code, any other ordinance or resolution of the Town or any rule or regulation promulgated under the provisions of this Code shall constitute a separate offense.
609.2.3. The Municipal Court may adopt a fine schedule for certain violations of the Code.
609.3. Application of Penalties to Juveniles.
Every person who, at the time of commission of the offense, was at least ten but not yet 18 years of age, and who is subsequently convicted of, or pleads guilty or nolo contendere to, a violation of any provision of this Code, shall be punished by a fine of not more than $1,000.00 per violation or count. 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 or penalties applicable to the original charge. 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 Code.
609.4 Pleas. A 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.
609.5 Restitution. The Municipal Court may award restitution to any victim of any action specified as unlawful in this Chapter and may order a person found or pleading guilty to any such violation to pay such restitution as ordered by the Municipal Court. Such restitution shall be determined by the submission of a bill of costs by the victim to the Municipal Court on a form approved by the Municipal Court. Authority is expressly granted to the Municipal Court to order such restitution for any and all costs incurred by public safety emergency response agencies of the Town or other governmental or quasi-governmental entities in connection with the initial response to and all subsequent follow-up investigations of violations of this Chapter. Any restitution ordered by the Municipal Court shall be in addition to any fine or imprisonment authorized by this Code and shall likewise be applicable to any situation in which a deferred judgment or deferred sentence is accepted or imposed by the Municipal Court.
Section 10. Sections 611, 612, 630, 632 and 635 of Chapter 600 of the Town of Limon Municipal Code are hereby repealed in their entirety.
Section 11. Severability. If any article, section, paragraph, sentence, clause, or phrase of this Ordinance is held to be unconstitutional or invalid for any reason, such decision shall not affect the validity or constitutionality of the remaining portions of this Ordinance. The Board of Trustees hereby declares that it would have passed this Ordinance and each part or parts hereof irrespective of the fact that anyone, or part, or parts be declared unconstitutional or invalid.
Section 11. Safety. The Board of Trustees finds that the adoption of this Ordinance is necessary for the protection of the public health, safety, and welfare.
Section 12. Effective Date. This Ordinance shall become effective thirty (30) days after publication.
Adopted and ordered published this 5th day of September, 2024.
/s/ Bo Randolph, Mayor
/s/ Chris Snyder, Town Clerk
Published Thursday September 12, 2024
in the Leader
Legal No. 124