CHAPTER 9
GENERAL OFFENSES AND NUISANCE CONTROL

ARTICLE 1
GENERAL INFORMATION

Section 9-1-1. Definitions.

(a)

When used in this chapter, the following terms shall have the definitions ascribed as follows:

(1)

"Access controlled arterials" -- shall mean the following: 104th Avenue; 112th Avenue; 120th Avenue; Washington Street; and Huron Street.

(2)

"Agent" -- means and includes any person designated by the owner in a registration statement filed with the City of Northglenn as provided by Section 20-2-1.

(3)

"Bodily injury" -- Physical pain, illness, or any impairment of physical or mental condition.

(4)

"Criminal negligence" -- A person acts with criminal negligence when, through a gross deviation from the standard of care that a reasonable person would exercise, he fails to perceive a substantial and unjustifiable risk that a result will occur or that a circumstance exists.

(5)

"Dangerous or deadly weapon" -- A "dangerous or deadly weapon" shall be defined pursuant to Section 9-6-3 of the Northglenn Municipal Code.

(6)

"Deface" -- To alter the appearance of something by removing, distorting, adding to, or covering all or a part of the thing.

(7)

"Intentionally" or "with intent" --All offenses defined in this chapter in which the mental culpability requirement is expressed as "intentionally" or "with intent" are declared to be specific intent offenses. A person acts "intentionally" or "with intent" when his conscious objective is to cause the specific result proscribed by the ordinance defining the offense. It is immaterial to the issue of specific intent whether or not the result actually occurred.

(8)

"Knowingly" or "willfully" -- All offenses defined in this chapter in which the mental culpability requirement is expressed as "knowingly" or "willfully" are declared to be general intent crimes. A person acts "knowingly" or "willfully" with respect to conduct or to a circumstance described by an ordinance defining an offense when he is aware that his conduct is of such nature or that such circumstance exists. A person acts "knowingly" or "will-fully" with respect to a result of his conduct, when he is aware that his conduct is practically certain to cause the result.

(9)

"Litter" -- means and includes any and every rubbish, waste material, refuse, garbage, trash, debris, excrement, urine, offal composed of animal matter or vegetable matter or both, dead animal, dead bird, fish, fishing line, bait, chemical, chemical compound, petroleum product or compound, automobile part or accessory, tire, wheel, junk, paper, cardboard, can, lid, bottle, bottle cap, carton, wrapper, box, wooden object, plastic object, clothing, cloth, metal object, rubber object, leather object, hide, feathers, grass clippings, leaves, weeds, branches cut from trees or bushes, brick, cinderblock, building material, paint, concrete, sand, gravel, stone, glass, asphalt, ashes, cigarette, cigar, food or food product, solvent, dye, beverage, and any noxious or offensive matter whatever.

(10)

"Occupant" -- means and includes any person who occupies the whole or a part of a building, premises, or land, whether alone or with others.

(11)

"Ordinance" -- The ordinances of the City of Northglenn.

(12)

"Owner" -- Shall mean and include:

(i)

Any owner or holder of any legal or equitable estate in real property, including a dominant or servient estate, except a future or reversionary interest and except the interest of a public trustee, lien holder, mortgagee, or beneficiary of a deed of trust.

(ii)

The owner of record, as reflected by the records of the office of the County Clerk and Recorder of the County of Adams or Weld, State of Colorado, shall be presumed to be the owner.

(13)

"Persons" -- Any individual, partnership, public or private corporation, association, or other entity; and the agent, servant or employee of any individual, partnership, public or private corporation, association or other entity.

(14)

"Proper authorization" -- Written or verbal authorization of an officer, agency or judge of the City of Northglenn or the State of Colorado authorizing or requiring an act which is done in pursuance of such authorization; and, in the case of any ordinance provision defining an offense against private property, the written or verbal authorization or permission of the owner of such property. A public officer or employee acting within the scope of his authority or employment shall be deemed to have proper authorization therefor.

(15)

"Public place" -- 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.

(16)

"Public or private property" -- includes, but is not limited to, the real or personal property of any person, state, county, city, public or private corporation, partnership, association or other non-public entity, or the United States; the right-of-way of any street, road, railroad, or highway; any body of water, irrigation ditch, or watercourse, including frozen areas thereof and the shores and beaches thereof; any park, playground building or recreation area; and any school grounds, school building or property used for school purposes.

(17)

"Recklessly" -- A person acts recklessly when he consciously disregards a substantial and unjustifiable risk that a result will occur or that a circumstance exists.

(18)

"Serious bodily injury" -- Bodily injury which involves a substantial risk of death, a substantial risk of serious permanent disfigurement, or a substantial risk of protracted loss or impairment of the function of any part or organ of the body.

(19)

"Statute" -- A statute of the State of Colorado.

(20)

"Tamper" -- To interfere with something improperly, to meddle with it, or to make unwarranted alterations to its condition.

(21)

"Trees and shrubs" -- include all trees, shrubs, bushes and all other woody vegetation.

(b)

References in masculine terminology shall include the feminine, and vice-versa.

(c)

References in singular terminology shall include the plural, and vice versa.

(d)

When terms are not otherwise defined in this chapter, the terms used in this chapter shall be as defined in Title 18 of the Colorado Revised Statutes, and any amendments thereto, or as used in their ordinary, usual and accepted sense and meaning.

[Source: Ord. 1093, 1994]

Section 9-1-2. Legislative Intent. It is the intent and purpose of this chapter not to cover and include those offenses which are felonies under state law and this chapter shall be so construed, notwithstanding any language contained in the chapter which might otherwise be construed to the contrary.

[Source: Ord. 1093, 1994]

Section 9-1-3. Affirmative Defenses. The affirmative defenses available in Title 18 of the Colorado Revised Statutes, and any amendments thereto, shall be available as affirmative defenses to prosecutions in the Municipal Court under those provisions covered by this chapter.

[Source: Ord. 1093, 1994]

Section 9-1-4. Violations. It is unlawful for any person to violate any of the provisions of this chapter, and any such violation shall be punishable as provided in Section 1-1-10(a)(2) of this Code.

[Source: Ord. 1130, 1995]

Section 9-1-5. Attempts; Aiding, Abetting or Advising.

(a)

Attempts. It is unlawful for any person to engage knowingly in conduct constituting a substantial step toward the commission of an offense which would constitute a violation of any section of this chapter. A substantial step is any conduct, whether act, omission, or possession which is strongly corroborative of the firmness of the actor's purpose to complete the commission of the offense.

(b)

Aiding or Advising. It is unlawful for any person knowingly to aid another in the commission of an offense which would constitute a violation of this chapter. A person who engages in conduct intending to aid another to commit an offense commits attempt, if the person aids, abets, or advises the other person in planning or committing the offense, even if the other person is not guilty of committing or attempting the offense.

[Source: Ord. 1093, 1994]

Section 9-1-6. Accessory to Offense. It is unlawful for any person to knowingly hinder, delay or prevent the discovery, detention, apprehension, prosecution, conviction or punishment of another for the commission of a violation of any section of this title by:

(a)

Harboring or concealing the other;

(b)

Warning such person of impending discovery or apprehension; except that this does not apply to a warning given in an effort to bring such person into compliance with the law;

(c)

Providing such person with money, transportation, weapon, disguise or other thing to be used in avoiding discovery or apprehension;

(d)

Using force, intimidation or deception, obstructing anyone in the performance of any act which might aid in the discovery, detection, apprehension, prosecution, conviction or punishment of such person; or

(e)

Concealing, destroying or altering any physical evidence that might aid in discovery, detection, apprehension, prosecution, conviction or punishment of such person.

[Source: Ord. 1093, 1994]

Section 9-1-7. Parental Responsibility for Acts of Minor Children.

(a)

It is made the duty of parents, guardians or persons having the charge, custody or control of minor children to actively prevent all minor children lawfully under their direction, control or custody from violating any section of Articles 2 through 9 and 14 of this Chapter 9.

(b)

Violation of this Section shall be punishable by a fine of not more than the amount set forth in Section 1-1-10(a)(2) of this Code.

[Source: Ord. 1639, 2013; 1659, 2013]