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CHAPTER 9
GENERAL OFFENSES AND NUISANCE CONTROL

ARTICLE 4
OFFENSES RELATING TO PUBLIC ORDER AND SAFETY

Section 9-4-1. Assault. It is unlawful for any person to knowingly or recklessly cause bodily injury to another person, or with criminal negligence to cause bodily injury to another person by means of a deadly weapon.

[Source: Ord. 1093, 1994]

Section 9-4-2. Disorderly Conduct. It is unlawful for any person to commit disorderly conduct. A person commits disorderly conduct if he intentionally, knowingly, or recklessly:

(a)

Makes a coarse and obviously offensive utterance, gesture, or display in a public place and the utterance, gesture, or display tends to incite an immediate breach of the peace; or

(b)

Abuses or threatens a person in a public place in an obviously offensive manner; or

(c)

Makes unreasonable noise in a public place or near a private residence that he has no right to occupy; or

(d)

Fights with another in a public place except in an amateur or professional contest of athletic skill; or

(e)

Not being a peace officer, discharges a firearm in a public place except when engaged in lawful target practice or hunting; or

(f)

Not being a peace officer, displays a deadly weapon in a public place in a manner calculated to alarm.

[Source: Ord. 1093, 1994]

Section 9-4-3. Disturbing the Peace.

(a)

It is unlawful for any person to operate or permit the operation of a device designed to produce or reproduce sound at such a level, or at such an hour, as to disturb the peace of any other person. Such devices shall include but not be limited to televisions, radios, phonographs, musical equipment, sound or voice-amplification systems, or other similar device.

(b)

It is unlawful for any person or group of persons to conduct themselves in such a manner as to create sound at such a level or at such an hour, as to disturb the peace of any other person.

(c)

It is unlawful for any person willfully to disturb the peace of another, of any family, of any neighborhood, or of any assembly in the City of Northglenn by violent, tumultuous, offensive or obstreperous conduct (WHERE SUCH BEHAVIOR IS LIKELY TO INCITE AN IMMEDIATE BREACH OF THE PEACE), or by loud or unusual noise. It shall also be unlawful for any person knowingly to permit such conduct to occur upon or such noise to emanate from any premises owned or possessed by him or under his control.

(d)

It shall be unlawful for any person to disturb the peace of another, of any family, of any neighborhood, or of any assembly in the City of Northglenn by assaulting, striking or fighting another.

[Source: Ord. 1093, 1994; 1128, 1995]

Section 9-4-4. 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 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 subsection (a)(4) of this section 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.

[Source: Ord. 1340, 2003]

Section 9-4-5. Harassment by Stalking.

(a)

It is unlawful for any person to commit harassment by stalking. A person commits harassment by stalking if such person:

(1)

Makes a credible threat to another person and, in connection with such threat, repeatedly follows that person; or

(2)

Makes a credible threat to another person and, in connection with such threat, repeatedly makes any form of communication with that person, whether or not conversation ensues.

(b)

For purposes of this Section 9-4-5, "credible threat" means a threat that would cause a reasonable person to be in fear for the person's life or safety, and "repeatedly" means on more than one occasion.

[Source: Ord. 1093, 1994]

Section 9-4-6. 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 significantly obstructs or interferes with the meeting, procession or gathering by physical action, verbal utterances or by any other means.

[Source: Ord. 1093, 1994]

Section 9-4-7. Reckless Endangerment. It is unlawful for any person to recklessly engage in conduct which creates substantial risk of serious bodily injury to another person.

[Source: Ord. 1093, 1994]

Section 9-4-8. Menacing. It is unlawful for any person to intentionally place or attempt to place another person in fear of imminent serious bodily injury by any threat or physical action.

[Source: Ord. 1093, 1994]

Section 9-4-9. Unlawful Assembly. It is unlawful for any two or more persons to assembly together in the City of Northglenn for the purpose of:

(a)

Disturbing the peace; or

(b)

Committing any crime; or

(c)

Committing a violation of the ordinances of the City of Northglenn.

[Source: Ord. 1093, 1994]

Section 9-4-10. Obstructing Streets and Sidewalks. It is unlawful for any person to willfully, maliciously or recklessly place in any doorway or driveway not owned by him or under his lawful control or on any sidewalk, public highway, street or alley in the City any object which causes or tends to cause the obstruction thereof or of any part thereof.

[Source: Ord. 1093, 1994]

Section 9-4-11. Loitering on or Around School Property.

(a)

"Loiter" means to be dilatory, to stand idly, to linger, to lie or wander about, to remain, abide or tarry in a public place.

(b)

it is unlawful for any person with intent to interfere with or disrupt the school program or with intent to interfere with or endanger school children to loiter in a school building or 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 having been asked to leave by a school administrator or his representative or by a peace officer.

[Source: Ord. 1093, 1994]

Section 9-4-12. Street Vending.

(a)

Definitions.

(1)

"Street vendor" means a person who engages in street vending as defined in this ordinance.

(2)

"Street vending" means sales of merchandise or personal property, including farm produce, foods, beverages and other edible products or preparations, from or by means of any motor vehicle or other vehicle operated or drawn upon any street, highway or public right-of-way.

(3)

"Employer" means and includes an individual, a corporation, a general partner in a partnership, limited partnership, or other business entity, an officer of a corporation, a director of a corporation, a joint venturer in any joint venture, and an officer, director, manager or member of any firm or syndicate.

(b)

It is unlawful for any street vendor or person engaged in street vending, to consummate any sale, deliver any merchandise or personal property, or collect money for the delivery of any merchandise or personal property, within any street, highway or public right-of-way in the City of Northglenn, without a valid license from the City of Northglenn.

(c)

It is unlawful for any employer who employs any other person to engage in street vending for a salary, commission or other remuneration in the City of Northglenn, to order, direct or cause any person so employed to engage in street vending in violation of the provisions of this ordinance.

(d)

Each separate act committed in violation of any of the provisions of this ordinance, or the same or similar act committed on separate days, shall be charged and punished as a separate offense.

[Source: Ord. 1093, 1994]

Section 9-4-13. Open Carrying of Firearms in Public Places.

(a)

It is unlawful for any person to openly carry any firearm in any public place where there is posted a sign indicating that the open carrying of firearms is prohibited.

(b)

Public place shall mean a place to which the public or a substantial number of the public has access, and includes but is not limited to highways, transportation facilities, schools, places of amusement, parks, playgrounds, and the common areas of public and private buildings and facilities.

(c)

Any person who is convicted of violating this provision may be subject to a fine of up to $999.00 and/or up to one year in jail.

(d)

This section shall not apply to peace officers.

[Source: Ord. 1343, 2003]