Section 9-6-1. Definitions. The following terms shall have the meanings indicated when used in this article:

"Bona fide business establishment" -- the entire area contained within the boundaries of an improved or unimproved parcel of land within the City of Northglenn where commercial or professional enterprises or activities are conducted for a profit or intended profit, including manufacturing, mining, storage and warehousing and wholesale or retail sales activities or any other profit-seeking enterprise or concern, and where such activity is legally permitted by the owner of the parcel, the applicable zoning ordinances and all other applicable laws, statutes and ordinances.

"Mobile Guard (courier)" -- a person engaged in the business of traveling from one business location to another by private automobile, truck or other conveyance or on foot and who carries with him or her valuable items, including but not limited to merchandise, goods, wares, negotiable instruments or currency, and who carries a dangerous or deadly weapon for the purpose of protecting himself and the items which he or she carries when such "Mobile Guard (courier)" is so employed, is actually performing such services and is in uniform.

"Mobile Guard (roving patrol)" -- a person engaged as an employee of an entity under contract to one (1) or more businesses or property owners in the City of Northglenn to provide guard, security, watchman or patrol services to such business or property owner when such "Mobile Guard (roving patrol)" is so employed, is actually performing such services and is in uniform.

"Police officer" -- a police officer, as defined in Sections 18-1-901(3)(1)(I), 18-1-901(3)(1)(II) and 18-1-901 (3)(1)(IV.5) of the Colorado Revised Statutes, of the City of Northglenn, who is empowered to enforce the laws of the State of Colorado and all Ordinances and Charter provisions of the City of Northglenn, while acting within the scope of their authority.

"Public or private facility" -- a thing or place within the City of Northglenn designed, built, installed, etc., to serve a specific function affording a service or convenience, whether publicly or privately owned. Such facilities may include but are not limited to educational, recreational, religious, amusement, athletic, transportation, vehicle storage, clubs and institutions, hospitals and shopping facilities.

"Uniform" -- clothing of a distinctive nature designed and intended to serve as a method of visual identification of a person engaged in the business, profession or occupation of providing services as a Mobile Guard, either courier or roving patrol. In order to qualify as a "Uniform", such clothing must bear the business name of the entity employing such Mobile Guard, either courier or roving patrol, or must include a distinctive badge or patch indicating either the name of the business entity employing such guard or other wording which includes the term "Guard."

"Weapon" -- an instrument of offensive or defensive combat, or anything used, or designed to be used, in destroying, defeating or causing injury to a person or to property.

[Source: Ord. 1093, 1994]

Section 9-6-2. Possession or Sale of Prohibited Weapons.

Definitions. The following terms shall have the meanings indicated and shall be considered prohibited weapons:

"Artificial knuckles" -- a weapon held in the hand by the insertion of one or more fingers which is designed to increase the impact of a blow from the fist or hand in which it is held, or a weapon held in the palm which is designed to increase the impact of a blow from the fist or hand in which it is held and which, in the manner it is used, is intended to produce bodily injury.

"Blackjack" -- any billy, sand club, sandbag, or other hand operated striking weapon consisting, at the striking end, of an encased piece of lead or other heavy substance and, at the handle end, of a strap or springy shaft which increases the force of impact.

"Booby trap" -- a concealed or camouflaged device designed to be triggered by an unsuspecting victim or remotely activated by a person other than the intended victim and which, in the manner it is used, is intended to produce bodily injury.

"Concealed bladed weapon" -- any knife or blade, regardless of length, which by virtue of its design and manufacture is incorporated into another functioning or non-functioning object so that its function as a knife or blade is disguised or concealed by such design.

"Gas gun" -- a device designed for launching gas filled projectiles which release their contents after having been projected from the device and includes projectiles designed for use in such a device.

"Gravity knife" -- any knife that has a blade released from the handle or sheath thereof by the force of gravity or the application of centrifugal force, that when released is locked in place by means of a button, spring, level or other device.

"Switchblade" -- Any knife, the blade of which opens automatically by hand pressure applied to a button, spring or other device in its handle.

Unlawful Acts. No person, or other entity whatsoever, including but not limited to owners, members, officers, agents, etc., on behalf of a firm, company, corporation or association shall knowingly possess, use, display or sell any prohibited weapon, as defined in section 9-6-2(a) of this Code, or any weapon the possession of which is a misdemeanor under state or federal law.

Exemptions. Section 9-6-2(b) shall not apply to police officers, as defined by State Statutes, Colorado Municipal Court Rules or City Ordinance, members of the Armed Forces of the United States or Colorado National Guard members acting in the lawful discharge of their duties, or licensed dealers possessing the prohibited weapon for sale to police officers.

Authority to Seize. Every police officer who investigates a violation of Section 9-6-2(b) is authorized to seize any prohibited weapon from the person or any other entity possessing, displaying, or selling said prohibited weapon and to remand the weapon to the custody of the Northglenn Police Department or other appropriate law enforcement agency. Upon the motion of the prosecuting attorney or upon order of the Municipal Court on its own motion, after the conviction of a defendant for a violation of Section 9-6-2(b), the Northglenn Municipal Court may order the forfeiture of any prohibited weapons which were used by the defendant during the course of the criminal episode.

If no prosecution is instituted, the prosecution results in acquittal, or if the Northglenn Municipal Court orders the seized weapon returned, the prosecuting attorney shall notify the police department of said disposition and authorize the release of the seized weapon. Any prohibited weapon impounded and not returned under this subsection shall be destroyed or shall escheat to the City of Northglenn.

[Source: Ord. 1093, 1994]

Section 9-6-3. Dangerous or Deadly Weapons.

Definitions. The following words shall have the meanings indicated and shall be considered dangerous or deadly weapons:

"Air gun" -- any instrument, toy or weapon commonly known as an air gun, air rifle, pellet gun, B.B. gun, paint pellet gun, mechanical gun, blow gun, or spring piston operated gun, which requires air to propel a B.B., pellet, dart or other projectile and which, in the manner it is used, is intended to produce bodily injury, but excluding children's plastic toy guns which shoot or project plastic or rubber darts and excluding gas guns, as defined in Section 9-6-2(1)(5) of this Code.

"Bow and arrow" -- a flexible strip of wood or other material bent by a string stretched between its ends for the purpose of shooting wooden or other projectiles that have pointed or sharp ends;

"Crossbow" -- a stocked fired weapon that launches an arrow or other projectile via trigger mechanism from a prod or string;

"Firearm" -- any handgun, rifle, shotgun, or other instrument or device capable of or intended to be capable of discharging bullets, cartridges or other explosive charges;

"Knife" -- any dagger, dirk or stiletto with a blade over three and one-half inches in length, regardless of the manner in which it is used or intended to be used, or any other dangerous instrument capable of inflicting, cutting, stabbing, or tearing wounds and which, in the manner it is used, is intended to produce bodily injury;

"Nunchaku" -- an instrument consisting of two (2) or more sticks, clubs, bars or rods to be used as handles, connected by a rope, cord, wire or chain;

"Spikes" -- any device composed of leather or other material which has sharp metal points, regardless of length or width, protruding from the leather and is capable of being worn on or around any part of the human body, and which, in the manner it is used, is intended to produce bodily injury; but does not include any item used in organized sports, such as golf shoes or cleated football or baseball shoes;

"Throwing star" -- a metal disc having sharp radiating points or any disc-shaped bladed object which is designed to be thrown by hand.

Unlawful acts.

It is unlawful for any person to display or flourish a dangerous or deadly weapon, in a manner calculated to alarm another person.

It is unlawful for a person under the influence of intoxicating liquor or a controlled substance to possess a deadly weapon while under the influence.

Consistent with Colorado General Statues § 18-12-108.5 and § 18-12-108.7, the following are unlawful:

It is unlawful for any juvenile to have in his or her possession any firearm, pellet gun or BB gun (whether powered with gunpowder, compressed air or gas cartridges) within the City. This section shall not apply when a juvenile is in the actual company and under the direct supervision of the juvenile's parent or legal guardian. Furthermore, it shall be an affirmative defense to this section if the juvenile was, at the time of such possession, in the company of an adult, and :

Inside the juvenile's residence; or

Traveling to, from or engaging in an adult-supervised hunter's safety course, adult-supervised hunting, a firearms safety course, or an adult-supervised practice or organized competition in the use of a firearm, pellet gun or BB gun at a range or shooting gallery.

It is unlawful for any adult to intentionally, knowingly or recklessly provide a firearm, pellet gun or BB gun to a juvenile in violation of this section, or for any parent or legal guardian of any juvenile who knows of such juvenile's violation of this section to fail to make reasonable efforts to prevent such violation.

For purposes of this section only, the word "juvenile" shall mean a person under the age of eighteen years of age.

[Source: Ord. 1093, 1994; 1342, 2003]

Section 9-6-4. Discharging Weapons Prohibited.

Unlawful acts. It is unlawful for any person to fire, shoot or discharge any firearm, crossbow, bow and arrow, air gun, slingshot or prohibited weapon, as defined in this article, within the City of Northglenn.

Exceptions. The prohibitions contained in Section 9-6-4(a) shall not apply to:

Police officers, as defined by State Statutes, Colorado Municipal Court Rules or City Ordinance, or United States law enforcement agents acting within the lawful discharge of their duties;

Persons discharging firearms or weapons to defend themselves or others from imminent use of deadly force or as specifically authorized by State Statute;

Persons using firearms or any dangerous or deadly weapons, as defined in this article, within the premises of any shooting gallery, rifle range or other shooting range lawfully operating and in compliance with the ordinances of the City of Northglenn and discharged so as not to endanger any person or property;

Persons discharging firearms or any dangerous or deadly weapons, as defined in this article, at authorized classes of schools or universities and at all times under proper instruction and supervision;

Members of the Armed Forces of the United States of the Colorado National Guard acting in the lawful discharge of their duties;

Persons discharging an air gun, bow and arrow, or slingshot within the confines of the real property of a private residence, with the permission of the owner or occupant, provided that such air gun, bow and arrow, or slingshot is discharged so as not to endanger any person or property and the discharged projectile does not exit the confines of such private residence;

Representatives of service, fraternal or educational organizations/institutions firing blank cartridges at training sessions, ceremonial occasions of the nature of funeral rites, parades, starting guns at formal athletic meets, theatrical events or rehearsal for such occasions and similar events.

Authority to seize. Every police officer who investigates a violation of Section 9-6-4(a) is authorized to seize any weapon used in any such violations of this subsection and remand the weapon to the custody of the Northglenn Police Department or other appropriate law enforcement agency. Upon the motion of the prosecuting attorney or of the Municipal Court, after the conviction of a defendant for a violation of Section 9-6-4(a), the Northglenn Municipal Court may order the forfeiture of any weapons which were used by the defendant during the course of the criminal episode. If no prosecution is instituted or if the prosecution results in acquittal, or if the Northglenn Municipal Court orders the seized weapon returned, the prosecuting attorney shall notify the police department of said disposition and authorize the release of the seized weapon. Any weapon impounded and not returned under this subsection shall be destroyed or shall escheat to the City of Northglenn.

[Source: Ord. 1093, 1994]

Section 9-6-5. Concealed Handguns.

Definitions.

"Concealed" as it modifies the term handgun, means a handgun, which is worn underneath clothing or on/or about a person in a manner intended to prevent discovery or is obscured from ordinary observation.

"Firearm" means a revolver or pistol, shotgun or rifle of any description, which may be used, or which is designed to be used for the explosion of cartridges.

"Handgun" means a pistol, revolver, or other firearm or any firearm of any description, loaded or unloaded, from which any shot, bullet, or other missile can be discharged, the length of the barrel of which, not including any revolving, detachable, or magazine breech, does not exceed twelve inches.

"Permit" means a permit to carry a concealed handgun issued by the sheriff of a county or the official who has the duties of a sheriff in a city and county and includes "temporary permits" within its definition.

Unlawful Acts.

Consistent with Colorado General Statutes § 18-12-105, a person commits a class 2 misdemeanor if such person knowingly and unlawfully carries a firearm concealed on or about his or her person, whether loaded or unloaded, regardless of the manner in which it is intended to be used.

It is unlawful for a person under the influence of intoxicating liquor or a controlled substance to possess a concealed handgun while under the influence.

It shall not be an offense if the defendant was:

A person in his or her own dwelling or place of business or on property owned or under his or her control at the time of the act of carrying the concealed handgun.

A person in a private automobile or other private means of conveyance who carries a firearm for lawful protection of such person's or another's person or property while traveling within a municipality.

A person who had been issued a written permit to carry a concealed handgun by the sheriff of a county or the official who has the duties of a sheriff in a city and county within the State of Colorado and the carrying of such weapons is within the terms of such permit.

A permit does not authorize a person to carry a concealed handgun into a place where the carrying of firearms is prohibited by federal law.

A permit does not authorize a person to carry a concealed handgun onto the real property, or into any improvements erected thereon, of a public elementary, middle, junior high, or high school, except that:

A permittee may have a handgun on the real property of the public school so long as the handgun remains in his or her vehicle and, if the permittee is not in the vehicle, the handgun is in a compartment within the vehicle and the vehicle is locked.

A permittee who is employed or retained by contract by a school district as a school security officer may carry a concealed handgun onto the real property, or into any improvement erected thereon, of a public elementary, middle, junior high, or high school while the permittee is on duty.

A permittee may carry a concealed handgun on undeveloped real property owned by a school district that is used for hunting or other shooting sports.

A permit issued pursuant to this section does not authorize a person to carry a concealed handgun into a public building at which:

Security personnel and electronic weapons screening devices are permanently in place at each entrance to the building;

Security personnel electronically screen each person who enters the building to determine whether the person is carrying a weapon of any kind; or

Security personnel require each person who is carrying a weapon of any kind to leave the weapon in possession of security personnel while the person is in the building.

A person who may lawfully possess a handgun may carry a handgun under the following circumstances without obtaining a permit and the handgun shall not be considered concealed.

The handgun is in the possession of a person who is in a private automobile or in some other means of private conveyance and who carries the handgun for a legal use, including self-defense.

The handgun is in the possession of a person who is legally engaged in hunting activities within the state.

Nothing in this subsection shall be construed to prohibit Colorado law enforcement agents, sheriffs or their deputies, or any police officers, as defined by state statutes, Colorado municipal court rules, or city ordinances, from carrying such concealed weapons. Nothing in this subsection shall be construed to prohibit law enforcement officers employed by jurisdictions outside this state, so long as the foreign employing jurisdiction exempts peace officers employed by jurisdictions within Colorado from any concealed handgun or concealed weapons laws in effect in the foreign employing jurisdiction.

A peace officer may temporarily disarm a permittee incident to a lawful stop of the permittee. The peace officer shall return the handgun to the permittee prior to discharging the permittee from the scene.

Nothing in this subsection shall be construed to prohibit the City from enacting any regulations relating to the use of a firearm.

[Source: Ord. 1093, 1994; 1342, 2003]

Section 9-6-6. Missiles. It is unlawful for any person willfully, maliciously or recklessly to throw, shoot or project any stone, arrow, pellet, dart, ball bearing or other dangerous missile at or against a person, animal, building, structure, personal property, fixture or vehicle or another; except that the provisions of this section shall not apply to a person throwing, projecting or shooting any such dangerous missile at any animal in order to protect his person or property or the person or property of another from physical injury, or to a person using non-deadly force to protect his person or property or the person or property of another from physical injury.

[Source: Ord. 1093, 1994]

Section 9-6-7. Severability. If any article, section, paragraph, sentence, clause or phrase of this chapter is held to be unconstitutional or invalid for any reason, such decision shall not affect the validity, enforceability or constitutionality of the remaining provisions of this chapter. The City Council hereby declares that in these regards, the provisions of this chapter and all rules and regulations promulgated hereunder are severable.

[Source: Ord. 1093, 1994]