TITLE 120

The minimum requirement for conduct upon which a penalty may be imposed under this Code is the performance by a person of conduct which includes a voluntary act or the omission to perform an act which he/she is physically capable of performing. If that conduct is all that is required for the commission of a violation of a provision of this Code, or if the violation or some material element thereof does not require a culpable mental state on the part of the actor, the offense is one of strict liability. If a culpable mental state on the part of the actor is required with respect to any material element of a violation of a provision of this Code, the violation is deemed to be one of "mental culpability". (Code 1971 §11-32)

120.010.020 Intentional acts.

When the violation of any provision of this Code or any element thereof requires a particular culpable mental state, that culpable mental state is ordinarily designated by the use of the terms, "intentionally," with "intent," "knowingly," "willfully," "recklessly," "wantonly" or "maliciously," which describes a specific kind of intent or knowledge. Although no culpable mental state is expressly designated by a provision of this Code, a culpable mental state may nevertheless be required for the commission of a violation of this Code, or with respect to some or all of the material elements thereof, if the proscribed conduct necessarily involves such culpable mental state. If a provision of this Code provides that criminal negligence suffices to establish an element of violation of this Code, that element is also established if the person acts recklessly, knowingly or intentionally. If recklessness suffices to establish an element, that element also is established if a person acts knowingly or intentionally. If acting knowingly suffices to establish an element, that element also is established if a person acts intentionally. When a provision of this Code establishing or defining an offense prescribes as an element thereof a specified culpable mental state, that culpable mental state is deemed to apply to every element of the offense unless an intent to limit its application clearly appears. (Code 1971 §11-33)

120.010.030 Definition of intentional acts.

As used in this Title, the following words shall have these meanings ascribed to them:

Culpable mental state means intentionally or with intent, knowingly, willfully, recklessly, negligently, wantonly or maliciously.

Intentionally or with intent means action by a person when his/her conscious objective is to cause a specific result proscribed by the statute defining the offense. It is immaterial whether the result actually occurred or not.

Knowingly or willfully means action by a person with respect to conduct or to a circumstance when the person is aware that his/her conduct is of such nature or that such circumstance exists. A person acts knowingly or willfully with respect to the result of his/her conduct when he/she is aware that his/her conduct is practically certain to cause the result.

Malicious or maliciously means conduct committed by a person with an intent to injure the public, to injure another or to injure the property of another.

Negligence or negligently means an act committed by a person when, through a gross deviation from the standard of care that a reasonable person would exercise, he/she fails to perceive a substantial and unjustifiable risk that a result will occur or that a circumstance exists.

Recklessly means conduct whereby a person consciously disregards a substantial or unjustifiable risk that a result will occur or that a circumstance exists.

Wantonly means the same as recklessly. (Code 1971 §11-34)

(Code 1971 §11-34)

120.010.040 Self-defense.

A person is justified in using force upon another person in order to defend himself or a third person from what he/she reasonably believes to be the use or imminent use of unlawful physical force by that other person, and he/she may use a degree of force which he/she reasonably believes to be necessary for that purpose. A person is not justified in using physical force if:

(1) With intent to cause bodily injury or death to another person, he/she provokes the use of unlawful physical force by that other person;

(2) He/she is the initial aggressor, except that his/her use of physical force upon another person under the circumstances is justifiable if he/she withdraws from the encounter and effectively communicates to the other person his/her intent to do so, but the latter nevertheless continues or threatens the use of unlawful physical force; or

(3) The physical force involved is the product of a combat by agreement not specifically authorized by law. (Code 1971 §11-35)

(Code 1971 §11-35)

120.010.050 Liability based upon behavior of another.

(a) In general A person is guilty of a violation of a provision of this Code if it is committed by the behavior of another for which he/she is legally accountable as provided in Sections 120.010.060 to 120.010.100, inclusive.

(b) Behavior of another. A person is legally accountable for the behavior of another person if:

(1) He/she is made accountable for the conduct of that person by a provision of this Code; or

(2) He/she acts with the culpable mental state sufficient for the commission of the violation of the provision in question and he/she causes an innocent person to engage in such behavior.

As used in this Subsection, innocent person includes any person who is not guilty of the violation of the provision in question, despite his/her behavior, because of duress, legal incapacity or exemption or unawareness of the criminal nature of the conduct in question, of the defendant's criminal purpose or any other factor precluding the mental state sufficient for the commission of the violation of the provision in question.

120.010.060 Complicity.

A person is legally accountable as principal for the behavior of another constituting a violation of a provision of this Code if, with the intent to promote or facilitate the violation of the provision, he/she aids, abets or advises the other person in planning or committing the violation of the provision. (Code 1971 §11-29)

120.010.070 Exemptions from liability based upon behavior of another.

(a) Victim. Unless otherwise provided by the provision defining the violation, a person shall not be legally accountable for behavior of another constituting a violation of a provision of this Code if he/she is a victim of that violation or the provision is so defined that his/her conduct is inevitably incidental to its commission.

(b) Termination of behavior. It shall be an affirmative defense to a charge under Section 120.010.060 if, prior to the violation of the Code provision, the defendant terminated his/her effort to promote or facilitate its commission and either gave timely warning to law enforcement authorities or gave timely warning to the intended victim.

120.010.080 Failure to prosecute or convict another is not a defense.

In any prosecution of a violation of a provision of this Code in which criminal liability is based upon the behavior of another pursuant to Sections 120.010.050 to 120.010.070, inclusive, it is no defense that the other person has not been prosecuted for or convicted of a violation of the same Code provision or has been convicted of a violation of a different provision, or that the defendant belongs to a class of persons who by definition of the provision are legally incapable of violating the provision in an individual capacity.

120.010.090 Criminal liability of corporations.

(a) When liable. A corporation is guilty of a violation of a provision of this Code if:

(1) The conduct constituting the violation consists of an omission to discharge a specific duty of affirmative performance imposed on corporations by this Code; or

(2) The conduct constituting the violation is engaged in, authorized, solicited, requested, commanded or knowingly tolerated by the board of directors or a high managerial agent acting within the scope of his/her employment or in behalf of the corporation.

(b) Agent. As used in this Section, agent means any director, officer or employee of a corporation or any other person who is authorized to act in behalf of the corporation; and high managerial agent means an officer of a corporation or any other agent in a position of comparable authority with respect to the formulation of corporate policy or the supervision in a managerial capacity of subordinate employees.

(c) Penalty. Every violation of a provision of this Code by a corporation shall subject the corporation to a fine authorized pursuant to Section 010.020.080.

120.010.100 Criminal liability of individual for corporate conduct.

A person is criminally liable for conduct constituting a violation of a provision of this Code which he/she performs or causes to occur in the name of or in behalf of a corporation to the same extent as if that conduct were performed or caused by him/her in his/her own name or behalf.

120.010.110 Conspiracy to commit a crime.

(a) It shall be unlawful for any person, with the intent to promote or facilitate the commission of a crime, to agree with another person 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 to agree to aid the other person 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/her or by a person with whom he/she conspired.

(c) If a person knows that one with whom he/she conspires to commit a crime has conspired with another person to commit the same crime, he/she is guilty of conspiring to commit a crime with the other person, whether or not he/she knows his/her identity.

(d) If a person conspires to commit a number of crimes, he/she is guilty of only one (1) conspiracy so long as such multiple crimes are part of a single criminal episode. As used in this Section, crime means a violation of any provision of this Code. (Code 1962 §18.10; Code 1971 §11-11)

120.010.120 Issuance of an insufficient funds check.

All payments made to the City, the Municipal Court or any other City operation, by check for which the check is returned by the bank upon which it is drawn for reason of insufficient funds or a closed account, shall be considered as if no payment had been made, and the City shall have all remedies which are otherwise available to it for nonpayment. In addition, the City may assess a twenty-five-dollar fee to anyone for each such insufficient funds check. (Ad 23-93 §2)

ARTICLE 120.020

Offenses Against Persons or Property

120.020.010 Disorderly conduct.

It shall be unlawful for any person to commit any act which constitutes disorderly conduct. A person commits disorderly conduct when he/she knowingly or recklessly:

(1) Uses abusive, indecent, profane or vulgar language, and the language by its very utterance tends to incite an immediate breach of the peace;

(2) Makes an offensive gesture or display, and the gesture or display tends to incite an immediate breach of the peace;

(3) (R 48-96 §1)

(4) Makes or causes an excessive or unreasonably loud or offensive noise which causes harm, fright or annoyance to another. (Code 1962 §12.11; Code 1971 §11-12)

(Code 1962 §12.11; Code 1971 §11-12; R 48-96 §1)

120.020.011 Assault.

It shall be unlawful for any person to strike another person, commit assault upon another person or injure another person. For purposes of this Section, assault shall be defined as the knowing, willful or reckless use of force or violence or unlawful touching of another. (Ad 2-95 §1)

120.020.012 Fighting.

It shall be unlawful for any person to fight with another person except in an amateur or professional contest of athletic skill. (Ad 2-95 §1)

120.020.020 Harassment.

(a) It shall be unlawful for any person to commit any act which constitutes harassment. A person commits harassment if, with intent to harass, annoy or alarm another person, he/she:

(1) Initiates communication with a person, anonymously or otherwise, by telephone in a manner intended to harass, threatens bodily injury or property damage, or makes any comment, request, suggestion or proposal by telephone which is obscene;

(2) Makes a telephone call or causes a telephone to ring repeatedly, whether or not a conversation ensues, with no purpose of legitimate conversation; or

(3) Repeatedly insults, taunts or challenges 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 Subsections (a)(1) or (a)(2) above may be deemed to have occurred or to have been committed at the place at which the telephone call was made or received. (Code 1971 §11-22; A 9-94 §1)

(Code 1971 §11-22; A 9-94 §1)

120.020.030 Petty theft.

A person commits petty theft when he/she knowingly obtains or exercises control over anything of value of another, the value of which is less than one thousand dollars ($1,000.00), without authorization, or by threat or deception; and

(1) Intends to deprive a 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 such use, concealment or abandonment will deprive the other person permanently of its use and benefit;

(4) Demands any consideration to which he/she is not legally entitled as a condition of restoring a thing of value to the other person; or

(5) Having lawfully obtained possession for temporary use of the personal property of another which is available for hire or rent, knowingly fails to reveal the whereabouts of or to return said property to the owner thereof or his/her representative, or to the person from whom he/she has received it within seventy-two (72) hours after the time at which he/she agreed to return it. (A 31-92 §2)

(Code 1971 §11-18; A 52-85 §1; A 15-92 §1; A 31-92 §2; A 27-97 §1; A 2-08 §2)

120.020.040 Issuance of bad check.

(a) The City Council declares that the issuance and delivery of a known bad check by any person is, in itself, not only harmful to the person to whom it is given but is also injurious to the community at large and is, therefore, a proper subject for criminal sanction without regard to the purpose for which the check was given.

(b) Insufficient funds means not having a sufficient balance in an account with a bank or other drawee for the payment of a check or order when presented for payment within thirty (30) days after issuance.

(c) A person commits a misdemeanor if he/she issues or passes a check or similar sight order for the payment of money, in an amount less than one thousand dollars ($1,000.00), knowing that the issuer does not have sufficient funds in or on deposit with the bank or other drawee for the payment in full of the check or order, as well as all other checks or orders outstanding at the time of issuance. (A 52-85 §3; A 15-92 §2; A 31-98 §1; A 2-08 §2 )

(d) This Section does not relieve the prosecution from the necessity of establishing the required knowledge by evidence. 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/she has no account with the bank or other drawee at the time he/she issues the check or order; or

(2) He/she has insufficient funds upon deposit with the bank or other drawee to pay the check or order, on presentation within thirty (30) days after issue.

(e) A bank shall not be civilly or criminally liable for releasing information relating to the issuer's account to a sheriff, deputy sheriff, undersheriff, police officer, City Attorney, assistant City Attorney or authorized investigator for a City Attorney investigating or prosecuting a charge under this Section. (Ad 35-83 §1)

(Ad 35-83 §1; A 52-85 §3; A 15-92 §2; A 31-98 §1; A 2-08 §2)

120.020.050 Defrauding coin machines.

It shall be unlawful for any person to insert or attempt to insert into the coin box or any receptacle of any coin-operated machine, device or parking meter, any slug, button or other article or substance, or to manipulate or operate in any manner whatsoever any mechanism or device connected or commonly used therewith, in an attempt to obtain goods, service or time therefrom without proper payment for the same. (Code 1962 §18.20; Code 1971 §11-24)

120.020.060 Throwing of objects.

It shall be unlawful for any person to throw any stone, snowball or other object at any building, vehicle, tree or other public or private property or at any person within the City, if:

(1) The actor has the intent to injure any person or to injure, deface or soil any personal or real property; or

(2) The actor should have reasonably foreseen that his/her acts would injure a person or injure, deface or soil any real or personal property. (A 31-98 §2)

(Code 1962 §18.23; Code 1971 §11-26; A 31-98 §2)

120.020.070 Criminal mischief.

Any person who knowingly damages the real or personal property of one (1) 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 one thousand dollars ($1,000.00) commits the crime of criminal mischief. (Code 1971 §11-19; A 52-85 §2; A 15-92 §3; A 31-98 §3; A 2-08 §2)

120.020.075 Criminal tampering.

Any person who knowingly tampers with the property of another with the foreseeable result of causing injury, inconvenience or annoyance to that person or to another is guilty of criminal tampering. (Ad 31-98 §4)

120.020.080 Damaging City property.

It shall be unlawful for anyone to injure, deface or interfere with any property belonging to the City without proper authority to do so from the City Council. (Code 1971 §11-25; A 31-98 §5)

120.020.090 Trespass.

A person commits the crime of criminal trespass if he/she unlawfully enters or remains upon premises or if he/she enters or remains in or upon premises after having been requested to leave by a person in charge or control thereof. As used in this Section, premises means automobiles and other vehicles, real property, buildings and other improvements thereon and the stream banks and beds of any nonnavigable fresh water streams flowing through such real property. (Code 1971 §11-20; A 31-98 §6)

120.020.100 Unauthorized habitation, camping and sleeping.

It shall be unlawful for any person to take up temporary or permanent residence or habitation, to camp out or to sleep any time between the hours of 10:00 p.m. and 7:00 a.m., in any of the following locations:

(1) In or upon any vacant building or property without owning the same or without the permission of the owner or the person entitled to possession thereof.

(2) In or upon any street, alley, public parking lot, public park or any other public area within the City.

(3) In any vehicle parked upon any street, alley, public parking lot, public park or any other public area within the City. (Ad 30-85)

(Ad 30-85)

ARTICLE 120.030

Miscellaneous Criminal Offenses

120.030.010 Carrying concealed weapons.

It shall be unlawful for any person to wear under his/her clothes or conceal about his/her person, or to display in a threatening manner or flourish any dangerous or deadly weapon. This Section shall not apply to any law enforcement officer of any governmental unit in the performance of his/her duties. For purposes of this Section, dangerous or deadly weapon means any firearm, knife, bludgeon or other weapon, device, instrument, material or substance, whether animate or inanimate, which in the manner it is used or intended to be used is capable of producing death or serious bodily injury. (Code 1962 §18.1; Code 1971 §11-1)

120.030.015 Illegal weapons; possession.

Any person who knowingly possesses an illegal weapon within the City commits a misdemeanor. For purposes of this Section, illegal weapon means a blackjack, gas gun, metallic knuckles, gravity knife or switchblade knife. (Ad 31-98 §7)

120.030.020 Discharge of weapons.

It shall be unlawful for any person, except a law enforcement officer in the performance of his/her duties, to fire or discharge within the City any weapon of any description, including, but not limited to, revolvers, pistols, shotguns, rifles, air guns, gas-operated guns, spring guns or bows, whether they are used as weapons or toys. This Section shall not apply to persons discharging such weapons in defense of person or property, nor shall it apply to persons discharging weapons upon a supervised marksmanship range approved by the Chief of Police. (Code 1962 §18.2; Code 1971 §11-2; A 31-98 §8)

120.030.021 Forfeiture of weapons.

Upon the motion of the City Attorney after the conviction of a defendant or entry of a plea of guilty by the defendant, the Municipal Court may order the forfeiture of any weapons which were used by the defendant during the course of the criminal episode which gave rise to said conviction as an element of sentencing or as a condition of a suspended or deferred sentence. Weapons forfeited under this Section shall be disposed of by the Chief of Police in accordance with applicable law. (Ad 12-94 §1; A 31-98 §9)

120.030.030 Firearms prohibited in drinking establishments.

Except for law enforcement officers pursuing their official duties, no person shall possess or carry a firearm in any establishment licensed to sell or dispense alcoholic beverages or fermented malt liquor for on-the-premises consumption. (Code 1971 §11.17.1)

120.030.031 Firearms prohibited in public places.

Except for law enforcement officers pursuing their official duties, it shall be unlawful for any person to posses a firearm in any public building or other public place where there are signs posted prohibiting the open carrying of firearms. (Ad 12-03, §2)

120.030.040 Impersonating an officer.

It shall be unlawful for any person to falsely pretend to be a police officer and perform any act in that pretended capacity. (Code 1962 §18.7; Code 1971 §11-8; A 31-98 §10)

120.030.050 Duty to aid police officer.

It shall be the duty of all persons, when called upon by any police officer, to promptly aid and assist such officer in the discharge of his/her duties. (Code 1962 §9.4; Code 1971 §11-3)

120.030.060 Resisting arrest.

(a) It shall be unlawful for any person to prevent or attempt to prevent a peace officer acting under color of his/her official authority from effecting an arrest of the actor or another by:

(1) Using or threatening to use physical force or violence against the police officer or another; or

(2) Using any other means which creates a substantial risk of causing bodily injury to the police officer or another.

(b) It is no defense to a prosecution under this Section that the peace officer was attempting to make an arrest which was in fact unlawful if the police officer was acting under the color of his/her official authority and, in attempting to make the arrest, he/she was not resorting to unreasonable or excessive force giving rise to the right of self-defense. A police officer acts "under color of his/her official authority" when, in the regular course of his/her assigned duties, he/she is called upon to make, and does make, a judgment in good faith based upon surrounding facts and circumstances that an arrest should be made by him/her.

(c) The term police officer as used in this Section means a police officer in uniform; or, if out of uniform, one who has identified himself/herself by exhibiting his/her credentials as a police officer to the person whose arrest is attempted. (Code 1962 §18.3; Code 1971 §11-4; A 2-93 §1)

(Code 1962 §18.3; Code 1971 §11-4; A 2-93 §1)

120.030.061 Obstructing a police officer.

(a) A person commits obstructing a police officer when, by using or threatening to use violence, force or physical interference or an obstacle, he/she knowingly obstructs, impairs or hinders the enforcement of the penal law or the preservation of the peace by a police officer acting under color of his/her official authority.

(b) It is no defense to a prosecution under this Section that the police officer was acting in an illegal manner, if he/she was acting under color of his/her official authority. (Ad 2-93 §2)

(Ad 2-93 §2)

120.030.062 False to authorities reporting.

(Ad 10-00 §1; R 28-01 §1)

120.030.070 Drinking in public areas.

(a) It shall be unlawful for any person to drink or consume any alcoholic beverage, as defined in Section 12-47-103, C.R.S., as amended, in or about any street, alley, road, highway, sidewalk or automobile parking lot, excluding premises licensed to sell or dispense such beverages or unless such person holds a license to dispense the beverages referred to above. Notwithstanding the prohibition above, fermented malt beverages may be consumed in park lands designated in Section 090.030.010 hereof. It shall be unlawful for any person to drink or consume or permit the drinking or consumption of such beverages while in or upon any streets, alleys, roads, highways, motor vehicles or motor vehicle parking lots, excluding premises licensed to sell or dispense such beverages as described in the licensee's application. (Code 1971 §11-16; A 31-96 §1, A 18-05 §2)

(b) During any trial for a violation of subsection (a) of this section, 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 jury or a judge, 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 an alcoholic beverage. 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 was composed in whole or in part of an alcoholic beverage. (Ad 18-05 §2)

120.030.071 Owners/employees responsible for reporting disorderly conduct.

(a) Any liquor licensee or, in his/her absence, any employee, shall immediately report to the Police Department any unlawful or disorderly act or conduct committed on the licensed premises. The failure to report any unlawful or disorderly act or conduct shall be considered a misdemeanor and shall be punishable as set forth in Section 010.020.080.

(b) The term disorderly act or conduct is as defined in Section 120.020.010 of this Title.

(Ad 18-94 §1; A 31-98 §11)

120.030.080 Possession of open containers.

(a) It shall be unlawful for any person to have in his/her possession any open container of an alcoholic beverage in or about any street, alley, road, highway, bridge, sidewalk, vehicle or vehicle parking lot, excluding any premises licensed to sell such liquor by the drink and consumption thereon during such hours and only within the premises as the sale of such liquor is permitted. Notwithstanding the prohibition above, fermented malt beverages may be consumed and possessed in an open container on any City park, as designated in Section 090.030.010 hereof. (A 48-95 §1; A 31-96 §2; A 18-05 §2)

(b) The terms of Subsection (a) above shall not apply where a special events permit has been granted pursuant to state law or where a permit to use a City-owned recreation facility has been granted for the purposes of conducting a private party at which guests may attend by invitation only and at which there is no sale of ethyl alcohol, direct or indirect.

(c) For purposes of this Section, open container means any container or receptacle used for holding an alcohol beverage, which container or receptacle is not corked or sealed with any stub, stopper or cap. (R & Re 31-92 §3; A 31-98 §12)

(d) During any trial for a violation of subsection (a) of this section, 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 jury or a judge, 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 an alcoholic beverage. 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 was composed in whole or in part of an alcoholic beverage. (Ad 18-05 §2)

(R & Re 31-92 §3; A 48-95 §1; A 31-96 §2; A 31-98 §12)

120.030.090 Possession and use of marijuana.

(a) It shall be unlawful for any person to possess a quantity of marihuana of not more than one (1) ounce. (Ad 36-96 §1)

(b) It shall be unlawful for any person to openly or publicly consume a quantity of marihuana of not more than one (1) ounce. (Ad 36-96 §1)

(c) Marihuana or marijuana means all parts of the plant cannabis sativa L., whether growing or not, the seeds thereof, the resin extracted from any part of the plant and every compound, manufacture, salt, derivative, mixture or preparation of the plant, its seeds or its resin. It does not include fiber produced from the stalks, oil or cake made from the seeds of the plant or sterilized seed of the plant which is incapable of germination if these items exist apart from any other item defined as marihuana in this Subsection. Marihuana does not include marihuana concentrate as defined in Section 12-22-303, C.R.S., as amended.

(d) The provisions of this Section shall not apply to any person who possesses or uses marijuana pursuant to Sections 18-18-406(10) and (11), C.R.S. (A 31-98 §13)

(e) Transferring or dispensing not more than one (1) ounce of marihuana from one (1) person to another for no consideration shall be deemed possession and not dispensing or sale of marihuana except as provided in Section 18-18-106(7), C.R.S., as amended. (Code 1971 §11-21; A 31-98 §13)

(Code 1971 §11-21; Ad 36-96 §1; A 31-98 §13)

120.030.091 Control of drug paraphernalia.

(a) Definitions.

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.

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 the laws of the City.

(b) Drug paraphernalia; determination, considerations. In determining whether an object is drug paraphernalia, the Municipal 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 persons who he/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 which explain or depict 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 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 purposes, 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.

(1) A person commits possession of drug paraphernalia if he/she possesses drug paraphernalia and knows or reasonably should know that the drug paraphernalia could be used under circumstances in violation of the laws of this City.

(2) Any person found guilty of possession of drug paraphernalia commits a misdemeanor. (A 36-96 §2)

(d) Penalty for manufacture, sale, or delivery of drug paraphernalia. Any person who sells or delivers, possesses with intent to sell or deliver or manufactures with intent to sell or deliver equipment, products or materials knowing, or under circumstances where one reasonably should know, that such equipment, products or materials could be used as drug paraphernalia commits a misdemeanor. (A 36-96 §2)

(e) Penalty for advertisement of drug paraphernalia. Any person who places an advertisement in any newspaper, magazine, handbill or other publication and who intends thereby to promote the sale in the City of equipment, products or materials designed and intended for use as drug paraphernalia commits a misdemeanor. (Ad 22-94 §1; A 31-98 §14)

(Ad 22-94 §1; A 36-96 §2; A 31-98 §14)

120.030.092 Possession of tobacco products by minor and furnishing or selling cigarettes or tobacco products to minors prohibited.

(a) Except as provided in Subsection (f) below, any person who knowingly furnishes to any person who is under eighteen (18) years of age, by gift, sale or any other means, any cigarettes or tobacco products, commits a misdemeanor; and, upon conviction thereof, shall be punished as set forth in Section 010.020.080. It shall be an affirmative defense to a prosecution under this Section that the person furnishing the tobacco product was presented and reasonably relied upon a document which identified the person receiving the tobacco product as being eighteen (18) years of age or older.

(b) Any person who is under eighteen (18) years of age and who possesses, purchases or acquires any cigarettes or tobacco products commits a misdemeanor; and, upon conviction thereof, shall be punished as set forth in Section 010.020.080, or the court shall allow such person to perform community service and be granted credit against the fine and court costs.

(c) For purposes of this Section, the term tobacco product means cigars, cheroots, stogies, periques, granulated, plug cut, crimp cut, ready rubbed and other smoking tobacco, snuff, snuff flour, cavendish, plug and twist tobacco, fine-cut and other chewing tobaccos, shorts, refuse scraps, clippings, cuttings and sweepings of tobacco, and other kinds and forms of tobacco, prepared in such manner as to be suitable for chewing or for smoking in a pipe or otherwise, or both for chewing and smoking.

(d) Any person who sells or offers to sell any cigarettes or tobacco products, as defined above, over the counter or by use of a vending machine or other coin-operated machine commits a misdemeanor; and, upon conviction thereof, shall be punished as set forth in Section 010.020.080; except that cigarettes may be sold at retail through vending machines only in:

(1) Factories, businesses, offices or other places not open to the general public;

(2) Places to which persons under the age of eighteen (18) years are not permitted access; or

(3) Places where the vending machine is under the direct supervision of the owner of the establishment or an adult employee of the owner, including but not limited to, establishments holding a valid liquor license issued pursuant to Article 47 of Title 12, C.R.S. As used in this Section, under direct supervision means the vending machine shall be in plain vision of the employee or owner during regular business hours.

It shall be an affirmative defense to a prosecution under this Subsection that the person selling or offering to sell the tobacco product was presented with and reasonably relied upon a document which identified the person purchasing the tobacco product as being eighteen (18) years of age or older.

(e) Any person who sells or offers to sell any cigarettes or tobacco products shall display a warning sign as specified in this Subsection. Any person who fails to display said warning sign commits a misdemeanor and, upon conviction thereof, shall be punished as set forth in Section 010.020.080. Said warning sign shall be displayed in a prominent place in the building and on such machine at all times and 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 YEARS OF AGE TO PURCHASE
CIGARETTES AND TOBACCO PRODUCTS
AND, UPON CONVICTION, A FINE
MAY BE IMPOSED.

Any violation of the provisions of this Subsection shall not constitute a violation of any other provisions of this Section.

(f) It shall be an affirmative defense to the offense described in Subsection (b) above that the cigarettes or tobacco products were possessed or consumed by a person under eighteen (18) 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 cigarettes or tobacco products were possessed with the consent of his/her parent or legal guardian who was present during such possession.

(2) For purposes of this Subsection, private property shall mean any dwelling and its curtilage which is being used by a natural person or natural persons for habitation and which is not open to the public and privately real property which is not open to the public. Private property shall not include:

a. Any establishment which sells cigarettes or tobacco products or upon which cigarettes or tobacco products are sold; or

b. Any establishment which leases, rents or provides accommodations to members of the public generally. (Ad 21-94 §1; A 31-98 §15)

(Ad 21-94 §1; A 31-98 §15)

120.030.093 Illegal possession or consumption of ethyl alcohol by an underage person.

(a) As used in this section, unless the context otherwise requires:

(1) "Establishment" means a business, firm, enterprise, service or fraternal organization, club, institution, entity, group, or residence, and any real property, including buildings and improvements, connected therewith, and shall also include any members, employees, and occupants associated therewith.

(2) "Ethyl alcohol" means any substance which is or contains ethyl alcohol.

(3) "Possession of ethyl alcohol" means that a person has or holds any amount of ethyl alcohol anywhere on his person, or that a person owns or has custody of ethyl alcohol, or has ethyl alcohol within his immediate presence and control.

(4) "Private property" means any dwelling and its curtilage which is being used by a natural person or natural persons 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:

(A) Any establishment which has or is required to have a license pursuant to article 46, 47, or 48 of title 12, C.R.S.; or

(B) Any establishment which sells ethyl alcohol or upon which ethyl alcohol is sold; or

(b) (1) Any person under twenty-one years of age who possesses or consumes ethyl alcohol anywhere in the state of Colorado 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.

(2) Illegal possession or consumption of ethyl alcohol by an underage person shall be a misdemeanor and punishable in accordance with Section 010.020.080 of this Code. The court, upon sentencing a defendant pursuant to this paragraph (b), may, in addition to any fine, order that the defendant perform useful public service, and may further order that the defendant submit to and complete an alcohol evaluation or assessment, an alcohol education program, or an alcohol treatment program at such defendant’s own expense.

(c) It shall be an affirmative defense to the offense described in subsection (2) of this section that the ethyl alcohol was possessed or consumed by a person under twenty-one 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 his 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 of one percent of ethyl alcohol by weight.

(d) 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 to the United States constitution.

(e) Prima facie evidence of a violation of subsection (2) of this section shall consist of:

(1) Evidence that the defendant was under the age of twenty-one years and possessed or consumed ethyl alcohol anywhere in this state; or

(2) Evidence that the defendant was under the age of twenty-one years and manifested any of the characteristics commonly associated with ethyl alcohol intoxication or impairment while present anywhere in this state.

(f) During any trial for a violation of subsection (2) of this section, 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 jury or a judge, 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 was composed in whole or in part of ethyl alcohol.

(g) A parent or legal guardian of a person under twenty-one years of age or any natural person who has the permission of such parent or legal guardian may give or permit the possession and consumption of ethyl alcohol to or by a person under the age of twenty-one years under the conditions described in paragraph (a) of subsection (3) of this section. This subsection (7) shall not be construed to permit any establishment which is or is required to be licensed pursuant to article 46, 47, or 48 of title 12, C.R.S., or any members, employees, or occupants of any such establishment to give, provide, make available, or sell ethyl alcohol to a person under twenty-one years of age.

(h) Nothing in this section shall be construed to prohibit any statutory or home rule municipality from enacting any ordinance which prohibits persons under the age of twenty-one years from possessing or consuming ethyl alcohol, which ordinance is at least as restrictive or more restrictive than this section.

(i) The qualitative result of an alcohol test or tests shall be admissible at the trial of any person charged with a violation of subsection (2) of this section upon a showing that the device or devices used to conduct such test or tests have been approved as accurate in detecting alcohol by the executive director of the department of public health and environment.

(j) Official records of the department of public health and environment relating to the certification of breath test instruments, certification of operators and operator instructors of breath test instruments, certification of standard solutions, and certification of laboratories shall be official records of the state. Copies of such records, attested by the executive director of the department of public health and environment or his deputy and accompanied by a certificate bearing the official seal for said department, which state that the executive director of the department has custody of such records, shall be admissible in all courts of record and shall constitute prima facie evidence of the information contained in such records. The official seal of the department described in this subsection (12) may consist of a rubber stamp producing a facsimile of the seal stamped upon the document.

(k) In any judicial proceeding in any court of this state concerning a charge under subsection two (2) of this section, the court shall take judicial notice of methods of testing a person's blood, breath, saliva, or urine for the presence of alcohol and of the design and operation of devices certified by the department of public health and environment for testing a person's blood, breath, saliva, or urine for the presence of alcohol. This subsection (13) shall not prevent the necessity of establishing during a trial that the testing devices were working properly and that such testing devices were properly operated. Nothing in this subsection (13) shall preclude a defendant from offering evidence concerning the accuracy of testing devices.

(Ad 1-04 §1)

120.030.100 Excreting in public places.

It shall be unlawful for any person to urinate or defecate on any public street, upon any public sidewalk, in any other public place, in any public vehicle or in any store, assembly hall, corridor or other place open to or used by the public except rest rooms and toilets which are provided for this purpose. (Code 1971 §11-14)

120.030.110 Loitering and other acts prohibited in or about schools.

(a) As used in this Section, the word school shall refer to any public, private or parochial school or college or any building of such school.

(b) It shall be unlawful for any person to annoy, disturb or otherwise prevent the orderly conduct of classes and activities of any school.

(c) It shall be unlawful for any person to annoy, disturb, assault or molest any student or employee of any school while in any such school or college building or on any school or college grounds. (Code 1971 §11-27; A 31-98 §16)

(Code 1971 §11-27; A 31-98 §16)

120.030.120 Disturbing, obstructing meetings, processions, gatherings.

It shall be unlawful for any person with the intent to prevent or disrupt any lawful meeting, procession or gathering to significantly obstruct or interfere with the meeting, procession or gathering by physical action, verbal utterance or any other means. (Code 1962 §18.9; Code 1971 §11-10)

120.030.130 False reporting to authorities.

It shall be unlawful for a person to engage in false reporting to authorities. A person commits false reporting to authorities if:

(1) He/she knowingly causes a false alarm of fire or other emergency to be transmitted to or in any official or volunteer fire department, ambulance service or any other government agency which deals with emergencies involving danger to life or property;

(2) He/she makes 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 he/she knows that it did not occur;

(3) He/she 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 he/she knows that he/she has no such information, or knows that the information is false; or

(4) He/she knowingly provides false identifying information to law enforcement authorities. Identifying information means a person's name, address, birth date, social security number, driver's license or Colorado identification number. (Ad 28-01 §2)

120.030.140 Mufflers – prevention of noise.

(a) Every motor vehicle subject to registration and operated within the city shall at all times be equipped with an adequate muffler in constant operation and properly maintained.

(b) Any commercial vehicle subject to registration and operated on a highway, that is equipped with an engine compression brake device, is required to have a muffler.

(c) A muffler is a device consisting of a series of chamber or baffle plates or other mechanical design for the purpose of receiving exhaust gas from an internal combustion engine and effective in reducing noise.

(d) Any person who violates subsection (a) of this section commits a traffic infraction punishable by a fine of seventy-five dollars ($75.00). Any person who violates subsection (b) of this section shall, upon conviction, be punished by a fine of five hundred dollars ($500.00).

(e) This section shall not apply to electric motor vehicles.

(A 7-03 §2)

120.030.150 Unlawful solicitation.

(a) Definitions.

(1) Solicit means to request an immediate donation of money or other thing of value from another person, regardless of the solicitor’s purpose or intended use of the money or other thing of value. The solicitation may be, without limitation, by the spoken, written, or printed word, or by other means of communication.

(2) Aggressive manner means and includes:

A. Intentionally or recklessly making any physical contact with or touching another person in the course of the solicitation without the person’s consent;

B. Following the person being solicited, if that conduct is: (1) intended to or is likely to cause a reasonable person to fear imminent bodily harm or the commission of a criminal act upon property in the person’s possession; or (2) is intended to or is reasonably likely to intimidate the person being solicited into responding affirmatively to the solicitation;

C. Continuing to solicit within five (5) feet of the person being solicited after the person has made a negative response, if continuing the solicitation is (1) intended to or is likely to cause a reasonable person to fear imminent bodily harm or the commission of a criminal act upon property in the person’s possession; or (2) is intended to or is reasonably likely to intimidate the person being solicited into responding affirmatively to the solicitation;

D. Intentionally or recklessly blocking the safe or free passage of the person being solicited or requiring the person, or the driver of a vehicle, to take evasive action to avoid physical contact with the person making the solicitation. Acts authorized as an exercise of one’s constitutional right to picket or legally protest, and acts authorized by a permit issued pursuant to Article 050.030.010 of the Municipal Code, shall not constitute obstruction of pedestrian or vehicular traffic;

E. Intentionally or recklessly using obscene or abusive language or gestures: (1) intended to or likely to cause a reasonable person to fear imminent bodily harm or the commission of a criminal act upon property in the person’s possession; or (2) words intended to or reasonably likely to intimidate the person into responding affirmatively to the solicitation; or

F. Approaching the person being solicited in a manner that: (1) is intended to or is likely to cause a reasonable person to fear imminent bodily harm or the commission of a criminal act upon property in the person’s possession; or (2) is intended to or is reasonably likely to intimidate the person being solicited into responding affirmatively to the solicitation.

(b) Prohibited acts.

It shall be unlawful for any person to solicit money or other things of value, or to solicit the sale of goods or services:

(1) In an aggressive manner in a public area;

(2) In any public transportation vehicle, bus, station or stop;

(3) Within fifteen (15) feet of any entrance or exit of any bank or check cashing businesses or within fifteen (15) feet of any automated teller machine during the hours of operation of such bank, automated teller machine or check cashing business without the consent of the owner or other person legally in possession of such facilities. Provided, however, that when an automated teller machine is located within an automated teller machine facility, such distance shall be measured from the entrance or exit of the automated teller machine facility;

(4) On private property if the owner, tenant, or lawful occupant has asked the person not to solicit on the property, or has posted a sign clearly indicating that solicitations are not welcome on the property; and

(5) From any operator of a motor vehicle that is in traffic on a public street, whether in exchange for cleaning the vehicle’s windows, or for block, occupying, or reserving a public parking space, or directing the occupant to a public parking space; provided, however, that this paragraph shall not apply to services rendered in connection with emergency repairs requested by the operator or passengers of such vehicle.

(6) Within one hundred (100) feet of an intersection on public right-of-way unless such person has obtained a license to do business and a license to encroach, both issued by the City.

A violation of this Section may be punished by a fine not to exceed one thousand dollars ($1,000.00) or by imprisonment for a term not to exceed one (1) year, or by both.

(d) Construction and severability.

(1) Severability is intended throughout and within the provisions of this Section 120.030.150. If any section, sentence, clause, or phrase of this Section 120.030.150 is held invalid or unconstitutional by a court of competent jurisdiction, then such judgment shall in no way affect or impair the validity of the remaining portions of this Section 120.030.150.

(2) This Section 120.030.150 is not intended to prescribe any demand for payment for services rendered or goods delivered.

(Ad 53-85, §1; A 31-98, §17; Ad 28-01, §2; Ad 9-03 §2; A 16-04, §2)

ARTICLE 120.040

Traffic Regulations

120.040.010 Model Traffic Code adopted.

(a) Adoption. Pursuant to Parts 1 and 2 of Article 16 of Title 31, C.R.S., as amended, and for the purposes of regulating vehicles and traffic within the City, there is hereby adopted by reference Articles I and II, inclusive, of the 2003 edition of the "Model Traffic Code for Colorado Municipalities," promulgated and published as such by the Colorado Department of Transportation, Staff Traffic and Safety Projects Branch, on April 10, 2003 by State Department of Transportation Resolution. (A 16-03, §2)

(b) Application. This Article shall apply to every street, alley, sidewalk area, driveway, park and every other public way, public place or public parking area, either within or outside the corporate limits of the City, the use of which the City has jurisdiction and authority to regulate. The provisions of Sections 1206, 1401, 1402, 1208, 606, 1211 1413 and Part 16 of the adopted Model Traffic Code, respectively concerning unattended motor vehicles, reckless driving, careless driving, handicapped parking spaces, unauthorized devices, limitations on backing, eluding officers and accident investigation, shall apply not only to public places and ways but also throughout the City.

(c) Conflicts. If the provisions of the Model Traffic Code, 2003 Revision, as adopted in this Article, conflict with any other provisions of this Municipal Code, then other provisions of this Municipal Code shall control to the extent allowed by law. (A 16-03, §2)

(d) Interpretation. This Article shall be so interpreted and constructed as to effectuate its general purpose to conform with the State's uniform system for the regulation of vehicles and traffic. Article and section headings of this Article and adopted Model Traffic Code shall not be deemed to govern, limit, modify or in any manner affect the scope, meaning or extent of the provisions of any article or section thereof.

(e) How cited. The Model Traffic Code, as adopted in this Article, may be known and cited as the Model Traffic Code, and may be cited as the MTC.

(f) Violation. It shall be unlawful for any person to violate any of the provisions of the Model Traffic Code.

(g) Copies. Copies of the Model Traffic Code, as adopte4d by this Article, are available for inspection in the office of the City Clerk at 101 W. 8^th Street, Glenwood Springs, Colorado. (R & Re 5-96 §1; A 16-03, §2)

(R & Re 5-96 §1)

120.040.020 Additions, deletions, or modifications to Model Traffic Code.

The following sections of the Model Traffic Code are hereby amended to read as follows:

(1) Article I, Part 1 Section 109 of the Model Traffic Code is hereby amended by the addition of a new subsection (13) as follows:

"Section 109(13). Motorized Bicycles, Animals, Skis, Skates, Toy Vehicles and All-Terrain Recreational Vehicles on Highways.

"(13) Skating and Skateboarding Prohibited on Pedestrian Bridge. It shall be unlawful for any person to travel upon the Colorado River pedestrian/bicycle bridge on skates, skateboards or similar devices. For purposes of this Section, the Colorado River pedestrian/bicycle bridge is defined to include any and all portions of the bridge existing and in place (easterly of the Colorado Highway 82 bridge), including all ramps, approaches, landings and stairways appurtenant thereto."

(A 5-96 §2)

(2) Article 1, Part 6, Section 603 is hereby amended by the addition of a new subsection (5) as follows:

"Section 603(5). Obedience to Official Traffic Control Devices.

"(5) Obedience to Turn Prohibition Signs. Whenever official signs are erected prohibiting or restricting a right or left turn, a U-turn or all turns, as authorized in Section 601, no driver shall disobey the directions of any such sign. Whenever an official sign prohibits right turns by oversized vehicles, the term "oversized vehicle" shall mean any vehicle which, due to excessive length or limitations in turning radius, is incapable of executing a right turn in the extreme right hand lane lawfully available to traffic without breaching the adjacent curb or shoulder and without encroaching into oncoming lanes of traffic."

(Ad 5-96, §2)

(3) Article 1, Part 6, is hereby amended by the addition of Subsection 616, as follows:

"Section 616. Designation of Highway Maintenance, Repair or Construction Zones - Signs - Increase in Penalties for Speeding Violations. (A 16-03 §2)

"(1) If maintenance, repair or construction activities are occurring or will be occurring within four hours on a state highway or municipal street, the Department of Transportation or municipal authorities, within their respective jurisdictions, may designate such portion of the highway as a highway maintenance, repair or construction zone. Any person who commits a speeding violation in a maintenance, repair or construction zone that is designated pursuant to the provisions of this Section is subject to increased penalties and surcharges.

"(2) The Department of Transportation or municipal authorities, within their respective jurisdictions, shall designate by appropriate signs that a maintenance, repair or construction activity is taking place within four hours. Such sign shall notify the public that increased penalties for speeding violations are in effect in such zone. Local authorities shall erect or place a second sign after such zone indicating that the increased penalties for speeding violations are no longer in effect. A maintenance, repair or construction zone begins at the location of the sign indicating that increased penalties are in effect and ends at the location of the sign indicating that the increased penalties are no longer in effect.

"(3) Signs used for designating the beginning and end of a maintenance, construction or repair zone shall conform to Department of Transportation requirements. The Department of Transportation or local authority may display such signs on any fixed, variable or moveable stand. The Department of Transportation or local authority may place such a sign on a moving vehicle if required for certain activities, including, but not limited to, highway painting work."

(Ad 33-97 §1)

(4) Article 1, Part 6 is amended by the addition of Subsection 617, as follows:

"(1) Any person who commits a moving traffic violation in a school zone is subject to double penalties and surcharges.

"(2) For the purposes of this Section, "School Zone" means an area that is properly designated by the City as a school zone and has appropriate signs posted indicating that the penalties and surcharges will be doubled.

"(3) This Section does not apply if the penalty and surcharge for a violation has been doubled pursuant to section 614 of this Code or section 42-4-614, C.R.S. because such violation also occurred within a highway maintenance, repair or construction zone."

(Ad 21-98 §1; A 16-03, §2)

(5) Article 1, Part 11, Section 1102 of the Model Traffic Code is hereby amended by the addition of a subsection (6) to read as follows:

"Section 1102(6). Altering of Speed Limits - When.

"(6) It is hereby determined upon the basis of an engineering and traffic investigation that the prima facie speed hereinbefore set forth is greater than reasonable or safe under the conditions found to exist upon certain streets and intersections described in traffic control schedules herein or otherwise recorded, as provided in Sections 1101 and 1102 of this Model Traffic Code, and it is hereby declared that the prima facie speed limit upon every street and intersection so designated shall be as stated in said schedules or records, which speed so declared shall be effective when signs are erected giving notice thereof; provided, however, that decreased speed limits on streets which are a part of the state highway system shall be subject to the approval of the said Department of Highways, as specified in Section 1102(3) of this Model Traffic Code."

(Ad 5-96 §2)

(6) Article 1, Part 12 of the Model Traffic Code is amended by the addition of Section 1203 as follows:

"Section 1203. Abandoned, Junked, Dismantled and Wrecked Motor Vehicles.

"(1) Short Title. This ordinance shall be known and may be cited as the 'Inoperable Vehicle Ordinance.'

"(2) Definitions. For the purposes of this ordinance, the following terms, phrases, words and their derivations shall have the meaning given herein.

"(a) 'Vehicle' is any vehicle which is designed to travel along the ground and shall include, but not be limited to automobiles, buses, motor-bikes., motorcycles., motorscooters, trucks, tractors, campers, motor homes and trailers.

"(i) 'Inoperable vehicle' is any vehicle, as defined by subsection (a) above, which does not have lawfully affixed thereto unexpired license plates, or the condition of which is wrecked, dismantled, partially dismantled, inoperative, abandoned or discarded.

"(ii) Exemption: 'Inoperable vehicle,' as used in this Section, shall not include: vehicles exempt from registration under the laws of the State of Colorado and specifically including those vehicles exempted by C.R.S. 42-3-103, as the same may be now or hereafter amended; vehicles defined and registered as 'collector's items,' pursuant to C.R.S. 2-12-101, et seq., as the same may be now or hereafter amended; and special interest vehicles. Special interest vehicles shall include, but shall not be limited to, racing vehicles, stock cars, classic and antique cars, all of which special interest vehicles shall be maintained in good operating condition.

"(b) 'Person' shall mean any person, firm, partnership, association, corporation, company or organization of any kind.

"(c) 'Public property' shall mean any alley, street or highway which shall include the entire width between the boundary lines of every way publicly maintained for the purposes of vehicular travel, and shall also mean any other publicly owned property or facility.

"(3) Storing, Parking or Leaving Inoperable, Dismantled or Other Such Vehicles Prohibited; and Declared Nuisance; Exceptions. No person shall park, store, leave or permit the parking, storing or leaving of any vehicle of any kind which is in an inoperable, abandoned, wrecked, dismantled rusted, junked or partially dismantled condition, whether attended or not, upon any public property within the City for a period of time in excess of seventy-two (72) hours. The presence of an inoperable, abandoned, wrecked, dismantled, rusted, junked or partially dismantled vehicle or parts thereof, in public property is hereby declared a public nuisance which may be abated as such in accordance with the provisions of this ordinance.

"(4) Notice to Remove. Whenever it comes to the attention of the Police Department that any vehicle is an inoperable vehicle as defined in Section (a)(i) above, and is therefore a nuisance, a written notice shall be affixed to the vehicle where the nuisance exists requiring its removal. In the event said vehicle, after the Police Department has affixed written notice, has not been moved for a period of seventy-two (72) hours, said vehicle shall be subject to being towed by the Police Department and impounded. Within five (5) days after the vehicle has been towed, the Police Department shall send a written letter to the registered owner of said vehicle advising them that the vehicle has been towed and stored in the impound lot or other location and that such vehicle shall be disposed of in accordance with law on a specific date.

"(5) Penalty. Any person violating any of the provisions of this ordinance shall be guilty of a misdemeanor and, upon conviction, shall be subject to a fine as set forth in Section 010.020.080 of the Municipal Code. Each act in violation of any of the provisions hereof shall be deemed a separate offense."

(Ad 5-96 §2)

(7) Article 1, Part 12, Section 1205 of the Model Traffic Code is hereby amended by the addition of new subsections 1205(2) and (6) to read as follows:

"Section 1205(4) Parking for Certain Purposes Prohibited.

"(4) No person shall park a vehicle upon a roadway for the purpose of:

"(1) Displaying such vehicle for sale;

"(2) Greasing, painting, or repairing such vehicle, except repairs necessitated by an emergency; or

"(3) Displaying advertising.

(Ad 12-97 §1; A 16-03 §2)

"Section 1206(6) Parking of Certain Vehicles for More than Two Hours; Seventy-two Consecutive Hours Adjacent to Dwelling; Parking Permit for Storage of Construction Vehicles. (Numbers 1, and 3 through 5 reserved for future use)

"(6) (a) Parking of Certain Vehicles.

"(1) Definitions.

"a. Certain Vehicles. Any 'bus,' 'commercial vehicle,' 'road machinery,' 'trailer,' 'trailer coach' or 'mobile home,' 'truck tractor,' 'semitrailer,' as defined by the Model Traffic Code.

"b. The term 'construction equipment' shall mean, 'trailers regardless of design which am used primarily for construction; excavation equipment, backhoes, dump trucks, bulldozers, graders, front-end loaders, trackhoes, asphalt kettles and dumpsters.'

"c. Park. The standing of a vehicle, whether occupied or not, other than very briefly for the purpose of and while actually engaged in loading or unloading property or passengers.

"(2) Prohibition. It shall be unlawful for any person to park certain vehicles, any trailer having an empty weight of more than 250 pounds which is capable of carrying recreational vehicles such as ski-mobiles or motorcycles, and trucks exceeding six thousand (6,000) pounds empty weight, or a self-contained motor home with its own motive power exceeding twenty-two feet overall length for an aggregate period of time longer than two (2) hours during any given twenty-four-hour period upon any street, alley, municipal parking lot, parkland or other public place.

"(b) Exception - Parking Adjacent to Dwelling. A person may park on a public street, alley or other public place, certain vehicles, any trailer having an empty weight of more than 250 pounds which is capable of carrying recreational vehicles such as ski-mobiles or motorcycles, hand trucks exceeding six thousand (6,000) pounds empty weight, or a self-contained motorhome with its own motive power, exceeding twenty-two (22) feet in overall length, adjacent to a dwelling occupied by the owner of the noncommercial recreational vehicle or his/her invitee, for a period not to exceed seventy-two (72) consecutive hours during any thirty-consecutive-day period.

"(c) Safety Hazard. If a determination is made by the traffic engineer, upon receipt of a written complaint, that the parking of the types of vehicle as set forth in this section obstructs the flow of traffic, or is a safety hazard for whatever reason, it shall be unlawful to park such vehicles upon any street, alley, municipal parking lot, parkland or other public place. The traffic engineer shall post notice on said vehicle and by certified letter to the registered owner of such vehicle, giving such owner three (3) calendar days from the date of such notice to move said vehicle. In the event said vehicle is not moved, the Police Department shall have the authority to issue a ticket for violation of this section and have said vehicle towed at the owner's expense.

"(d) Parking of Construction Equipment.

"1. Prohibition. It shall be unlawful to park construction equipment on any public street, alley, municipal parking lot, parkland or other public place.

"2. Exception - Permit. A person may park construction equipment on a public street, alley, municipal parking lot, parkland or other public place if such person has obtained a parking permit, at the time of issuance of a building permit, which shall state that identified construction equipment shall be allowed to be parked on the street directly adjacent to the address on the building permit during the period of active construction.

"3. Safety Hazard. If it is the determination of the traffic engineer, upon receipt of a written complaint, that construction equipment parked pursuant to permit conflicts with other traffic or creates a safety hazard for whatever reason, it shall be unlawful to park such construction equipment upon any street, alley, municipal parking lot, parkland or other public place, and any parking permit issued for said location shall be deemed revoked. The traffic engineer and police department shall follow the procedures set forth in (c)."

(Ad 5-96, §2)

(8) Article 1, Part 12, of the Model Traffic Code is amended by the addition of Section 1212 to read as follows:

"Section 1212. Parking Permits. The City Council may provide by resolution for parking permits granting exemption from time parking regulations on such terms and conditions and for such fees as Council may determine appropriate from time to time."

(Ad 5-96, §2, A 16-03 §2)

(9) Article 1, Part 12, of the Model Traffic Code is amended by the addition of subsections 1213 (1) and (2) to read as follows:

"Section 1213(1) Notice on Illegally Parked Vehicles.

"(1) Whenever any motor vehicle without driver is found parked or stopped in violation of any of the restrictions imposed by the ordinances of the City of Glenwood Springs, the officer finding such vehicle shall take its registration number and may take any other information displayed on the vehicle which may identify its user, and shall conspicuously affix to such vehicle a penalty assessment notice directing the driver thereof to respond to and answer the charge against him or her at a place and at a time specified in said notice.

"Section 1213(2) Failure to Comply with Notice on Parked Vehicle.

"(2) If the driver or owner of an unattended motor vehicle charged with an apparent violation of the restrictions on stopping, standing or parking under the traffic ordinances of the City of Glenwood Springs does not respond within the time specified to a penalty assessment notice affixed to such vehicle, as provided in section 1210(2) hereof, by appearance and payment at the City of Glenwood Springs Municipal Court; by mailing payment by means of the United States Mail; or by disposition of the charge as provided by law, the clerk of said court or the Parking Enforcement Officer shall send another notice by mail to the registered owner of the vehicle to which the original notice was affixed, warning him or her that in the event such notice is disregarded for a period of twenty (20) days from date of mailing, a complaint will be filed and a warrant of arrest will be issued."

(Ad 12-97 §2; A 16-03 §2)

(10) Article 1, Part 12, Section 1204 is hereby amended by the addition of subsection (6) to read as follows:

"Section 1204(6). Parking Not to Obstruct Traffic or Maintenance.

"(a) No person shall park any vehicle upon a street or highway in such a manner or under such conditions as to interfere with the free movement of vehicular traffic or proper street or highway maintenance.

"(b) It shall be unlawful for any person to park any vehicle, farm tractor, any implement of husbandry designed primarily or exclusively for use and used in agricultural operations, or trailer from 4:00 a.m. to 7:00 a.m. on Grand Avenue from 7th to 10th Street; and on 8th and 9th Streets from Cooper Avenue to Colorado Avenues."

(Ad 5-96 §2)

(11) Article 1, Part 12, Section 1204 is hereby amended by the addition of subsections (7) and (8) as follows:

"Section 1204(6) Stopping, Standing, or Parking Prohibited in Specified Places.

"(6) On any street or at any place within this municipality where official signs are posted giving notice of stopping, standing or parking restrictions or prohibitions as authorized in C.R.S. 42-4-111(a) and described in traffic control schedules, no person shall stop, stand or park a vehicle in any manner in violation of the provisions contained on such sign or signs except when necessary to avoid conflict with other traffic, or in compliance with the directions of a police officer or official traffic control device or except for the purpose of loading or unloading passengers when such standing does not obstruct, impede or endanger any traffic.

"(7) In any private parking area within this municipality where signs are posted sufficient to inform the public of the parking restrictions thereon and the penalties for violation thereof, where the vehicles properly parking thereon are obviously marked as such in the front driver's side window, and where such signs and markings have first been approved in writing by the City's Chief of Police or his/her designee. The owner of the vehicle in violation of this provision is liable for the payment of the respective fine(s) unless he/she can furnish sufficient evidence that the vehicle was, at the time of the violation, in the care, custody or control of another person. To avoid liability for payment, the owner of the vehicle must provide, within three (3) days after receiving notification of the violation, the City Attorney with the name and address of the person who had care, custody or control of the vehicle at the time of the violation."

(Ad 5-96 §2; Ad 7-02 §1; A 16-03 §2)

(12) Article 1, Part 12, Section 1204 is hereby amended by the addition of subsection (8) as follows:

"Section 1204(8). Stopping, Standing or Parking Prohibited in Specified Places.

"(8) No person shall park a vehicle within an alley except during the necessary and expeditious loading and unloading of merchandise or freight. No person shall stop, stand or park a vehicle within an alley in such position as to block the driveway entrance to any abutting property."

(Ad 5-96 §2)

(13) Article 1, Part 14, Section 1408 is hereby amended by the addition of subsection (3) as follows:

"Section 1408 (3). Traffic Regulations in Parklands.

"(3) (a) It shall be unlawful for any person operating a vehicle in or upon park lands as established in 090.030.010 of the Municipal Code to fail or refuse to obey all traffic signs or other traffic-control devices regulating the operation, stopping or parking of vehicles.

"(b) It shall be unlawful for other than authorized personnel to park or drive on lawns, fields or any other places other than upon roadways and parking areas clearly constructed and established for such purposes within the park lands.

"(c) All traffic ordinances adopted pursuant to this Article shall have full application and effect within all park and recreation areas."

(Ad 5-96 §2)

(14) Article 1, Part 18 of the Model Traffic Code is hereby amended by the addition of Section 1801 and 1802 as follows:

"Section 1800. Towing and Storage

"Section 1801. Authority to Impound Vehicles:

"Whenever any police officer finds a motor vehicle, vehicle, cargo or debris, attended or unattended, standing upon any portion of a street or highway right-of-way in such a manner as to constitute an obstruction to traffic or proper street or highway maintenance, such officer is authorized to cause the motor vehicle, vehicle, cargo or debris to be moved to eliminate any such obstruction; and neither the officer, nor anyone acting under the direction of such officer, shall be liable for any damage to such motor vehicle, vehicle, cargo or debris occasioned by such removal. The removal process is intended to clear the obstruction, but such activity should create as little damage as possible to the vehicle or cargo or both.

"Any police officer who finds a motor vehicle, which officer has reasonable grounds to believe has been abandoned upon any portion of a street or highway right-of-way within the municipality in such a manner or under such conditions as to interfere with the free movement of vehicular traffic or proper street or highway maintenance, or left unattended and presumed to be abandoned shall require such motor vehicle to be removed or cause the same to be removed and placed in any impound lot designated or maintained by the City of Glenwood Springs.

(A 12-97 §4)

"A motor vehicle shall be considered to be abandoned under the following conditions:

"(a) Any motor vehicle left unattended on public property, including any portion of a highway right-of-way, within the limits of any incorporated town or city for a period longer than any limit prescribed by any local ordinance concerning the abandonment of motor vehicles or, if there is no such ordinance, for a period of seventy-two hours or longer;

"(b) Any motor vehicle stored in an impound lot at the request of its owner or the owner's agent or a law enforcement agency and not removed from the impound lot according to the agreement with the owner or agent or within seventy-two hours of the time the law enforcement agency notifies the owner or agent that the vehicle is available for release upon payment of any applicable charges or fees.

"Section 1802. Impoundment of Vehicles.

"(a) Notice. Whenever a police officer orders the towing of a vehicle pursuant to C.R.S. 42-4-1803, the Police Department shall follow the procedures for determination and notification of the owner as set forth in C.R.S. 42-4-1804. Notification of the owner shall be made upon forms supplied by the Colorado Department of Motor Vehicles pursuant to C.R.S. 42-4-1804(5), and shall include the following statement:

"A Police Officer has ordered the towing of your vehicle. If you feel that the impoundment of your vehicle is improper, you have ten (10) days from the date of this notice to file a written request with the Glenwood Springs Municipal Court located at 823 Blake Avenue, for a hearing regarding the propriety of this impoundment. Such hearing shall be scheduled within three (3) days, excluding Saturday, Sunday and City holidays, of the date your written request is received by the Glenwood Springs Municipal Court. The Court shall be empowered to waive the towing and storage fees if it is found that the impoundment was improper. The retrieval of your vehicle from impoundment does not waive your right to a subsequent hearing and reimbursement. In conjunction with a request for a hearing, you are encouraged to also contact the Police Department of the City of Glenwood Springs for purposes of resolving a dispute concerning the impoundment of your vehicle without the necessity of having a formal hearing.

"(b) Hearing. A hearing shall be conducted before the Glenwood Springs Municipal Court within three (3) days of receipt of a written demand therefor from the person seeking the hearing, unless such person waives the right to a speedy hearing in writing. Saturdays, Sundays and City holidays are to be excluded from the calculation of the three-day period. The sole issue before the Court shall be whether there was probable cause to impound the vehicle in question.

"'Probable cause to impound' shall mean such a state of facts as would lead a person of ordinary care and prudence to believe that there was sufficient breach of law to grant legal authority for the removal of the vehicle.

"The Court shall conduct the hearing in an informal manner and shall not be bound by technical rules of evidence. The person demanding the hearing shall carry the burden of establishing that such person has the right to possession of the vehicle. The City shall carry the burden of establishing that there was probable cause to impound the vehicle in question. The burden of proof shall be by a preponderance of the evidence. Failure of the registered or legal owner or their agent to request or attend a scheduled post-seizure hearing shall be deemed a waiver of the right to such hearing.

"(c) Reimbursement for Improper Towing. Upon a determination by the court that the subject vehicle was improperly towed, the City shall either fully reimburse the owner of the impounded vehicle for all towing and storage fees paid by the owner or directly pay the towing and storage company for accrued fees.

"(d) Applicability. The hearing and reimbursement provisions contained in this Section shall only be applicable to vehicles which have been impounded by order of a police officer.

"(e) Compliance with Time Requirements. The requirements contained within this Section relating to compliance with time periods are directory in nature. Failure of the City to strictly comply with said time periods shall not cause an automatic forfeiture of the City's rights pursuant to this Section.

"(f) Disposal of Abandoned Vehicles. Vehicles removed from streets or highways and other public property within this municipality and placed in storage as provided in Section 1802(a) shall be disposed of in accordance with one or more of the following methods:

"(1) By Sealed Bid. The City Manager or his/her designee may sell abandoned vehicles after first advertising them for sale in the official newspaper of the City.

"All bids shall be sealed and shall be opened in public at a designated time and place. The City Manager or his/her designee may reject all bids and advertise and give notice again. If sold, a vehicle shall be sold for cash, money order or cashier's check to the highest responsible bidder.

"(2) By Auction. After giving notice as described in paragraph 1802(f)(1), the City Manager or his/her designee may conduct a public auction for the sale of abandoned vehicles. Each vehicle, if sold, shall be for cash, money order or cashier's check to the highest bidder."

(Ad 5-96 §2; Ad 12-97 §3)

(15) Part H of the Model Traffic Code is amended by the addition of the following:

"Appendix Part H Schedules Adopted.

"Pursuant to Part H of the Model Traffic Code and C.R.S. 42-4-111, the following traffic schedules, as amended from time to time at the discretion of the traffic engineer, are hereby adopted and the noted sections are added to said Model Traffic Code.

"(Traffic Schedules Available from the Traffic Engineer)"

(16) Article 1, Part 19, Section 1093 of the Model Traffic code is hereby amended by the addition of Subsection (8):

"(8) Any person convicted of violating any provision of this Section shall be subject to doubling of the respective fine."

(Ad 5-96 §2; Ad 31-98 §18)

(A 5-96 §2; Ad 12-97 §§1, 2, 3, 4; Ad 33-97 §1; Ad 21-98 §1; Ad 31-98 §18; Ad 7-02 §1)

120.040.030 Penalties.

The following sections of the Model Traffic Code, as adopted in this Article, are hereby amended to read as follows:

(1) Article 1, Part 17, Section 1701 of the Model Traffic Code is hereby amended by the addition of subsection (5) as follows:

"Section 1701. Traffic Offenses Classified – Schedule of Fines.

"(5) (a) It is a traffic infraction for any person to violate any of the provisions of the Model Traffic Code as adopted and amended herein except for the following Sections which shall remain misdemeanors:

"(1) 707, Certain vehicles must stop at railroad grade crossings;

"(2) 1903, School buses - stops - signs - passing;

"(3) 1101 and 1102, Driving 25 to 39 miles per hour in excess of the reasonable and prudent speed; (A 11-09 §2)

"(4) 1101 and 1102, Driving 40 or more miles per hour over the maximum lawful speed limit;

"(5) 1105, Speed contest;

"(6). 1401, Reckless Driving;

"(7) 1402, Careless Driving;

"(8) 607, Interference with Official Devices;

"(9) 1409, Compulsory Insurance;

"(10) 1413, Eluding or Attempting to Elude a Police Officer;

"(11) Part 5, Size, Weight and Load Violations.

" A traffic infraction shall constitute a civil matter. The procedures set forth herein for traffic infractions shall replace and supersede Part 17 of the Model Traffic Code.

(A 19-00 §1)

"(b) Except as provided in subsection (c) of this Section, traffic infractions shall be subject to a minimum penalty of $15.00 and a maximum penalty of $100.00 which is authorized upon entry of judgment against the defendant.

"(c) Except as provided in paragraph (d)(3) of this Section, every person who is convicted of, who admits liability for, or against whom a judgment is entered for commission of a traffic infraction shall be fined or penalized as set forth in the fee schedule established by City Council; or, if no penalty is specified, the penalty shall be fifteen dollars. Penalties shall apply whether the defendant acknowledges guilt, is found guilty by a court of competent jurisdiction or has judgment entered against him/her by the municipal court. (A 32-05, §2; A 13-08, §2; A 11-09, §2)

"The penalty schedule shall not apply when the provisions of paragraph (d)(3) prohibit the issuance of a penalty assessment notice. (A 11-09 §2)

"(d) (1) At any time that a person is charged with the commission of a traffic infraction, the police officer shall, except when the provisions of paragraph (d)(3) prohibit it, give a penalty assessment notice to the defendant. Such penalty assessment notice shall contain all the information required by Section 1709. The police officer shall advise the person cited of the points to be assessed in accordance with applicable state law. The penalty specified in subsection (c) for the violation charged may be paid at the office of the Municipal Court Clerk, either in person or by postmarking such payment within twenty days from the date the penalty assessment notice is served upon the defendant. Acceptance of a penalty assessment notice and payment of the prescribed penalty thereon to the Municipal Court shall be deemed a complete satisfaction for the violation, and the defendant shall be given a receipt which so states when such penalty thereon is paid in currency or other form of legal tender. Checks tendered by the defendant to and accepted by the Municipal Court and on which payment is received by the municipal court shall be deemed sufficient receipt.

"(2) Should the defendant charged with a traffic infraction accept the notice but fail to post the prescribed penalty thereon within twenty days thereafter, he/she shall be allowed to pay such penalty and surcharge thereon, plus court costs, to the Clerk of the Municipal Court prior to the time for appearance as specified in the notice. If the penalty is not timely paid, the case shall thereafter be heard in the Municipal Court in accordance with applicable Municipal Court Rules of Procedure. In such case, the maximum penalty which may be imposed shall not exceed the penalty set forth in the applicable penalty schedule. (A 11-09 §2)

"(3) The penalty schedule shall not apply to traffic infractions specified in said schedule when it appears that:

"a. The alleged violation has caused, or contributed to the cause of, an accident resulting in appreciable damage to property of another or an injury or death to any person; or

"b. The defendant has, in the course of the same transaction, violated one of the provisions of the Model Traffic Code set forth in said schedule and has also violated one or more provisions of the Model Traffic Code not so specified, and the police officer charges such defendant with two or more violations, any one of which is not specified in said schedule.

"(4) In all cases where paragraph (d)(3) prohibits the issuance of a penalty assessment notice, the penalty contained in the penalty assessment schedule shall be inapplicable.

(Ad 5-96 §3; A 11-09 §2)

"(e) (1) If a person receives a penalty notice for a violation under Section 1701 herein and such person pays the fine and surcharge for the violation on or before the date the payment is due, the points assessed for the violation are reduced as follows:

"a. For a violation having an assessment of three or more points, the points are reduced by two points;

"b. For a violation having an assessment of two points, the points are reduced by one point."

(Ad 2-98 §1)

(2) Article 1, Part 17, Section 1705 of the Model Traffic Code is deleted and readopted as follows:

"Section 1705. Traffic Infractions - Municipal Court Jurisdiction.

"(a) Every hearing upon a traffic infraction shall be held before the Municipal Court pursuant to applicable Municipal Court Rules of Procedure. Whenever an infraction and a misdemeanor are charged in the same summons and complaint, all charges may be adjudicated simultaneously as a criminal matter by the Municipal Court and the Municipal Court Rules and Procedures shall apply.

"(b) When the Municipal Court determines that a person charged with a misdemeanor is guilty of a lesser included traffic infraction, the court may enter a judgment as to such lesser charge.

"(c) The burden of proof shall be upon the people, and the Municipal Court shall enter judgment in favor of the defendant unless the people prove the liability of the defendant beyond a reasonable doubt. The City Attorney may, in his/her discretion, engage in plea discussions and shall represent the City at trials conducted by the Municipal Court on traffic infraction matters.

"(d) Appeals from judgments of the Municipal Court on traffic infraction matters shall be made in accordance with the Municipal Court Rules of Procedure.

"(e) (1) Except as otherwise provided in paragraph (2) of this subsection, no person against whom a judgment has been entered for a traffic infraction shall collaterally attack the validity of that judgment unless such attack is commenced within six months after the date of entry of the judgment.

"(2) In recognition of the difficulties attending the litigation of stale claims and the potential for frustrating various statutory provisions at repeat offenders, former offenders and habitual offenders, the only exceptions to the time limitations specified in paragraph (1) of this Section shall be:

"a. A case in which the court entering judgment did not have jurisdiction over the subject matter of the alleged infraction;

"b. A case in which the court entering judgment did not have jurisdiction over the person of the violator;

"c. Where the court hearing the collateral attack finds by a preponderance of the evidence that the failure to seek relief within the applicable time period was caused by an adjudication of incompetence or by commitment of the violator to an institution for treatment as a mentally ill person; or

"d. Where the court hearing the collateral attack finds that the failure to seek relief within the applicable time period was the result of circumstances amounting to justifiable excuse or excusable neglect."

(R & Re 5-96 §3)

(3) Article 1, Part 17, Section 1709 of the Model Traffic Code is deleted and readopted as follows:

"Section 1709. Penalty Assessment Notice for Traffic Offenses - Violations of Provisions by Officer - Driver's License.

"(a) Whenever a penalty assessment notice for a traffic infraction is issued pursuant to Section 1701, the penalty assessment notice which shall be served upon the defendant by the police officer shall contain:

"(1) The name and address of the defendant;

"(2) The license number of the vehicle involved, if any;

"(3) The number of the defendant's drivers license, if any;

"(4) A citation of the ordinance alleged to have been violated;

"(5) A brief description of the traffic infraction;

"(6) The date and approximate location thereof;

"(7) The amount of the penalty prescribed for such infraction;

"(8) The number of points, if any, prescribed for such traffic infraction pursuant to C.R.S. 42-2-127; and

"(9) The date the penalty assessment notice is served on the defendant.

"The penalty assessment notice shall direct the defendant to appear in the Municipal Court at a specified time and place, in the event such penalty thereon is not paid. The penalty assessment notice shall be signed by the peace officer. The penalty assessment notice shall contain a place for the defendant to elect to execute a signed acknowledgment of liability and an agreement to pay the penalty prescribed therein within twenty days, as well as such other information as may be required by law to constitute such penalty assessment notice to be a summons and complaint, should the prescribed penalty not be paid within the time allowed in Section 1705.

"(b) One copy of said penalty assessment notice shall be served upon the defendant by the police officer and one copy sent to the Chief of Police and such other copies sent as may be required by the Municipal Court and the City Attorney.

"(c) The time specified in the summons portion of said penalty assessment notice must be at least twenty-one days but not more than ninety days after the date such penalty assessment notice is served, unless the defendant shall demand an earlier hearing.

"(d) Whenever the defendant refuses to accept service of the penalty assessment notice, tender of such notice by the police officer to the defendant shall constitute service thereof upon the defendant.

"(e) Notwithstanding any provision hereof to the contrary, penalty assessment notices for parking infractions as set forth in Part 12 of the Model Traffic Code shall require the defendant to pay the applicable fine or appear at the Municipal Court within seven days of issuance. If the defendant fails to pay or appear as required, the Municipal Court Clerk shall proceed to notify and summons the defendant as more fully set forth in the Model Traffic Code."

(R & Re 5-96 §3)

(4) Article 1, Part 17, Section 1710 of the Model Traffic Code is hereby deleted and readopted as follows:

"Section 1710. Failure to Pay Penalty for Traffic Infractions – Procedures.

"(a) Unless a person who has been cited for a traffic infraction pays the penalty assessment, the person shall appear at a hearing date on the date and time specified on the citation and answer the complaint against him/her.

"(b) If the violator answers that he/she is guilty, or if the violator fails to appear for the hearing, judgment shall be entered against him/her.

"(c) If the violator denies the allegations in the complaint, a final hearing on the complaint shall be held subject to the provisions regarding a speedy trial which are contained in the Municipal Court Rules of Procedure. If the violator is found guilty or liable at such final hearing or if the violator fails to appear for a final hearing, judgment shall be entered against the violator.

"(d) lf judgment is entered against the violator, he/she shall be assessed an appropriate penalty plus applicable court costs. The penalty shall be no more than the amount specified in the penalty assessment notice.

"(e) A defendant's failure to appear upon a penalty assessment notice for a traffic infraction shall not constitute a criminal offense."

(R & Re 5-96 §3; A 11-09 §2)

(5) Article 1, Part 17, Section 1700 of the Model Traffic Code is amended by the addition of Section 1718 as follows:

"Section 1718. Violations of Title.

"Except as otherwise provided in Section 1701 of the Model Traffic Code, any person violating any provision of this title punishable as a misdemeanor shall be deemed guilty of a misdemeanor and, upon conviction for same, shall be punished in accordance with the provision of Section 010.020.080 of the Glenwood Springs Municipal Code, unless a different penalty is expressly provided for in this title."

(Ad 5-96 §3; R & Re 5-96 §3; Ad 2-98 §1; A 19-00 §1)

ARTICLE 120.050

Violations

120.050.010 Violations of Title.

Except as otherwise provided in Section 120.040.030, any person violating any provision of this Title shall be deemed guilty of a misdemeanor and, upon conviction of the same, shall be punished in accordance with the provisions of Section 010.020.080 unless a different penalty is provided in this Title for violation of a particular provision. (A 9-90 §7)