CHAPTER 9
GENERAL OFFENSES AND NUISANCE CONTROL

ARTICLE 4
OFFENSES RELATING TO PUBLIC ORDER AND SAFETY

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

[Source: Ord. 1093, 1994]

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

(a)

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

(b)

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

(c)

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

(d)

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

(e)

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

(f)

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

[Source: Ord. 1093, 1994]

Section 9-4-3. Disturbing the Peace.

(a)

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

(b)

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

(c)

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

(d)

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

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

Section 9-4-4. Harassment.

(a)

A person commits harassment if, with intent to harass, annoy or alarm another person, he or she:

(1)

Strikes, shoves, kicks or otherwise touches a person or subjects him or her to physical contact;

(2)

In a public place directs obscene language or makes an obscene gesture to or at another person;

(3)

Follows a person about a public place;

(4)

Initiates communication with a person, anonymously or otherwise by telephone, computer, computer network or computer system in a manner intended to harass or threaten bodily injury or property damage, or makes any comment, request, suggestion or proposal by telephone, computer, computer network or computer system which is obscene;

(5)

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

(6)

Makes repeated communications at inconvenient hours that invade the privacy of another and interfere in the use and enjoyment of another's home or private residence or other private property; or

(7)

Repeatedly insults, taunts, challenges or makes communications in offensively coarse language to another in a manner likely to provoke a violent or disorderly response.

(b)

As used in this section, unless the context otherwise requires, "obscene" means a patently offensive description of ultimate sexual acts or solicitation to commit ultimate sexual acts, whether or not said ultimate sexual acts are normal or perverted, actual or simulated, including masturbation, cunnilingus, fellatio, anilingus or excretory functions.

(c)

Any act prohibited by subsection (a)(4) of this section may be deemed to have occurred or to have been committed at the place at which the telephone call, electronic mail or other electronic communication was either made or received.

[Source: Ord. 1340, 2003]

Section 9-4-5. Harassment by Stalking.

(a)

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

(1)

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

(2)

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

(b)

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

[Source: Ord. 1093, 1994]

Section 9-4-6. Disrupting Lawful Assembly. It is unlawful for any person to disrupt a lawful assembly if, with the intent to prevent or disrupt any lawful meeting, procession or gathering, he significantly obstructs or interferes with the meeting, procession or gathering by physical action, verbal utterances or by any other means.

[Source: Ord. 1093, 1994]

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

[Source: Ord. 1093, 1994]

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

[Source: Ord. 1093, 1994]

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

(a)

Disturbing the peace; or

(b)

Committing any crime; or

(c)

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

[Source: Ord. 1093, 1994]

Section 9-4-10. Reserved. (Ord. 1734, 2017).

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

(a)

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

(b)

it is unlawful for any person with intent to interfere with or disrupt the school program or with intent to interfere with or endanger school children to loiter in a school building or on the grounds or within one hundred (100) feet of school grounds when persons under the age of eighteen (18) are present in the building or on the grounds, not having reason or relationship involving custody of or responsibility for a pupil, or other specific legitimate reason for being there and having been asked to leave by a school administrator or his representative or by a peace officer.

[Source: Ord. 1093, 1994]

Section 9-4-12. Street Vending.

(a)

Definitions.

(1)

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

(2)

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

(3)

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

(b)

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

(c)

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

(d)

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

(e)

Any violation of this section is a civil infraction, punishable according to Section 1-1-10(a)(3) of the Municipal Code, as amended, or is a nuisance, punishable according to this Chapter, or both. In no case shall a violation of this section be deemed to be punishable by jail time. The penalty set forth in Section 1-1-10(a)(2) of the Municipal Code does not apply.

[Source: Ord. 1093, 1994; 1801, 2020]

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

(a)

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

(b)

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

(c)

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

(d)

This section shall not apply to peace officers.

[Source: Ord. 1343, 2003]

Section 9-4-14. Sitting or Lying Down in Designated Areas.

(a)

Legislative Findings. The City Council finds and determines that intentionally blocking, obstructing or interfering with the safe or free passage of a pedestrian or vehicle by any means in high traffic areas, including unreasonably causing a pedestrian or vehicle operator to take evasive action to avoid contact is a public safety concern without regard to the speech of the individual who is intentionally blocking, obstructing or interfering with the safe or free passage of a pedestrian or vehicle, and that such conduct should be regulated to address the public safety concerns caused by individuals taking evasive action to avoid such contact.

(b)

Unlawful. In all non-residential districts and at all signalized intersections within residential districts, as the same are designated by the City of Northglenn Zoning Ordinance, it shall be unlawful for any person to sit, kneel, recline or lie down upon the surface of any public right-of-way, or upon any bedding, chair, stool, or any other object placed upon the surface of the public right-of-way, between the hours of seven o'clock (7:00) a.m. and ten o'clock (10:00) p.m. daily and between the hours of ten o'clock (10:00) p.m. and three o'clock (3:00) a.m. on Friday and Saturday nights.

(c)

Definitions. For the purposes of this section, the term below shall have the following meaning:

"Public right-of-way" means any street, sidewalk, trail, path alley, parkway, curb, median, jersey wall, traffic island or any other publicly owned property intended or used for pedestrian, recreational or vehicular travel.

(d)

Defense: It is an affirmative defense to a violation of this section that a person:

(1)

Sits, kneels, reclines or lies down upon the public right-of-way due to a medical emergency.

(2)

As a result of a medically confirmable disability, utilizes a wheelchair, walker or other similar mobility supporting device to move about the public right-of-way.

(3)

Is operating or patronizing a commercial establishment located in the public right-of-way pursuant to any permit or license issued by the City.

(4)

Sits or kneels on the public right-of-way when attending a parade, festival, performance, rally, demonstration, meeting or similar special event conducted in the public right-of-way pursuant to any permit or license issued by the City.

(5)

Sits upon an object intended for sitting in the public right-of-way furnished by the City or by any other public agency.

(6)

Sits upon a public sidewalk at or near a transit stop while waiting for public transportation.

(e)

Notification by Law Enforcement. No law enforcement officer shall issue a citation, make an arrest, or otherwise enforce this section against any person unless the person engages in conduct prohibited by this section after having first been notified by a law enforcement officer that the conduct violates this section.

(f)

Penalties.

(1)

Any violation of this section is a civil infraction, punishable according to Section 1-1-10(a)(3) of the Municipal Code, as amended, or is a nuisance, punishable according to this Chapter, or both. In no case shall a violation of this section be deemed to be punishable by jail time. The penalty set forth in Section 1-1-10(a)(2) of the Municipal Code does not apply.

[Source: Ord. 1715, 2016; 1801, 2020]

Section 9-4-15. Pedestrian Access to Medians.

(a)

Legislative Findings.

(1)

The primary purpose of roadway medians is to enhance the safety of and free flow of traffic on roadways by separating opposing lanes of vehicular traffic, channeling traffic for turning purposes, calming traffic, and, in some cases, providing a temporary refuge for pedestrians crossing busy and/or wide roadways.

(2)

The City has observed that some persons are occupying medians that are not safe for pedestrian use and can cause danger to pedestrians and motorists.

(3)

The City has caused a study to be conducted and a report to be prepared entitled "Assessment of Locations Where Pedestrians and Vehicles Intersect," dated May 15, 2018 (the "Report"), which identifies high risk locations that are unsafe for pedestrian use adjacent to traffic.

(4)

The City finds that prohibiting pedestrian access to the locations identified in the Report as being unsafe for pedestrian use is the least restrictive means possible to further the significant public interest of protecting the public health, safety and welfare of the City and its residents.

(b)

Definitions. For purposes of this Section 9-4-15, the following terms shall have the following meanings:

(1)

Median means an area other than a centerline marked or constructed on a roadway or between two adjacent roadways for the purpose of separating traffic flowing in opposite directions.

(2)

Stop Bar means a twelve (12) to twenty-four (24) inch wide solid white line extending across intersection approach lanes that identifies the location where vehicles should stop at an intersection.

(3)

Within two hundred (200) feet of the Intersection is measured from the Stop Bar of that approach.

(c)

Pedestrian Access Prohibited. It shall be unlawful for any person to access, use, occupy, congregate, or assemble on or about any of the following medians within two hundred (200) feet of the following intersections:

(1)

The West leg of the intersection of 104th Avenue and Melody Drive;

(2)

The West leg of the intersection of 104th Avenue and Market Place;

(3)

The East leg of the intersection of 104th Avenue and Bannock Street;

(4)

The South leg of the intersection of Grant Street and 120th Avenue;

(5)

The South leg of the intersection of Washington Street and 120th Avenue;

(6)

The North leg of the intersection of the Interstate 25 Southbound ramp and 104th Avenue;

(7)

The South leg of the intersection of the Interstate 25 Northbound ramp and 104th Avenue; and

(8)

The East leg of the intersection of the Interstate 25 Northbound ramp and 104th Avenue.

(d)

Exceptions.

(1)

Pedestrians utilizing a median as a refuge for one (1) traffic signal cycle because they are unable to safely cross the entire roadway during the traffic signal pedestrian phase or green light;

(2)

On-duty public safety personnel are engaged in the performance of their official duties; or

(3)

State or City staff or contractors, or utility company staff or contractors, authorized by the State or City to access the median, performing construction or maintenance activities.

(e)

Penalties.

(1)

Any violation of this section is a civil infraction, punishable according to Section 1-1-10(a)(3) of the Municipal Code, as amended, or is a nuisance, punishable according to this Chapter, or both. In no case shall a violation of this section be deemed to be punishable by jail time. The penalty set forth in Section 1-1-10(a)(2) of the Municipal Code does not apply.

[Source: Ord. 1753, 2018; 1801, 2020]