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A. It shall be an exception to an allegation of a violation of any section of this part that the act was committed by an enforcement officer of the various law enforcement agencies of the United States government or the State of Colorado, by any sheriff or the sheriff's deputies, or by any regular, special or ex officio peace officer.
B. It shall be an exception to an allegation of a violation of section 9.7.102 of this part, prohibiting the carrying of concealed dangerous or deadly weapons, that:
1. The defendant was in the defendant's own dwelling or place of business or on property owned or under the defendant's control at the time of the act of carrying; or
2. The defendant was in a private automobile or other private means of conveyance, and was carrying for hunting or for lawful protection of the defendant's or another's person or property while traveling into, through or within a Municipal, County or City and County jurisdiction, regardless of the number of times the person stops in a jurisdiction 1 ; or
3. The defendant, prior to the time of carrying a concealed weapon, held a valid written permit to carry a concealed weapon issued pursuant to Colorado Revised Statutes section 18-12-201 et seq.; or
4. A person who was a "peace officer", as that term is defined in Colorado Revised Statutes section 16-2.5-101 et seq.; or
5. Where the weapon in question is a knife with a blade length of three and one-half inches (31/2") or less in length, or that the knife was a hunting or fishing knife carried for sports use.
C. It shall be an exception to the allegation of a violation of any section of this part that the act was committed by an employee of the City or any of its enterprises, or by a contractor under the direct supervision of an employee, who is authorized by the Mayor, the Chief Executive Officer of Colorado Springs Utilities, or the Chief Executive Officer for MHS Enterprise to discharge a firearm in the performance of that person's duties, and who was, in fact, engaged in the performance of those duties. (1968 Code §8-14; Ord. 80-13; Ord. 80-58; Ord. 93-150; Ord. 94-67; Ord. 01-42; Ord. 03-105; Ord. 07-197; Ord. 11-19; Ord. 15-66; Ord. 18-18)
Notes
1 | 1. SB 03-25 (CRS §18-12-105.6(2)(a)). |
A. Unlawful Possession: It is unlawful for any person to possess on or about the person or property any dangerous or deadly weapon whether concealed or not, in the sterile concourse, or while seeking to enter the sterile concourse, at the Colorado Springs Municipal Airport. In the case of a firearm, it shall be no defense to prosecution under this section that the weapon is not loaded, that the ammunition is inaccessible or that the person in possession of the dangerous or deadly weapon held a valid written permit to carry a concealed weapon issued pursuant to Colorado Revised Statutes section 18-12-105.1 1 .
B. Proof Of Violation: If any person:
1. Seeks to pass into the sterile concourse while possessing a dangerous or deadly weapon on the person or in the person's baggage; or
2. Has entered the sterile concourse in any manner while possessing a dangerous or deadly weapon on the person or in the person's baggage; or
3. Has caused any item of baggage which contains any dangerous or deadly weapon to be passed through the security checkpoint; or
4. Otherwise has possession or control over any item of baggage which contains any dangerous or deadly weapon, and seeks to pass the checkpoint, or enter the sterile concourse;
The circumstances shall be prima facie evidence of an offense under subsection A of this section.
C. Exempt Persons: Persons exempt from prosecution under this section include any person who, at the time of the offense alleged under subsection A of this section was an official or employee of a municipality, or State, or of the United States, or security personnel engaged by a carrier to provide security services at the airport, who is authorized to carry arms in the performance of the person's official duties, and who was, in fact, engaged in the performance of those duties.
D. Definitions: For purposes of this section the following definitions apply:
CARRIER: An airline or other purveyor of transportation which uses the sterile terminal at the airport to embark or disembark passengers.
LOADED FIREARM: A firearm is loaded when it has a live round of ammunition, cartridge, primer or detonator, or powder in the chamber or in a clip, magazine or cylinder inserted into it. This section does not apply to a loaded firearm.
POSSESSION OR CONTROL OF A DANGEROUS OR DEADLY WEAPON: A person possesses or has control over a dangerous or deadly weapon if the person knew, or should have known, of the presence of the dangerous or deadly weapon on the person or in the person's luggage or personal property. Possession does not have to be exclusive. The act of handing a dangerous or deadly weapon over to another person, for purposes of clearing security screening or otherwise, does not deprive one of possession of a dangerous or deadly weapon.
STERILE CONCOURSE: The area of the Colorado Springs Municipal Airport into which admission may be lawfully gained by members of the public only through an official or approved security checkpoint. (Ord. 98-247; Ord. 01-42; Ord. 03-105)
Notes
1 | 1. 349 USC §46314, 49 CFR §1540.111. |
A. It shall be unlawful for any person to openly carry any firearm within any building owned or leased by the City.
B. The person or persons reporting directly to City Council who have administrative or supervisory authority over any building or specific area owned or leased by the City, including the Mayor, Chief Executive Officer of Colorado Springs Utilities, City Attorney, City Clerk, City Auditor, Municipal Court Administrator, Presiding Judge of the Municipal Court, MHS Enterprise Board of Trustees and their designees, are hereby authorized to post signs at the public entrances to City owned or leased buildings informing the public that the open carrying of firearms is prohibited.
C. This section shall not apply to peace officers and shall not be deemed to affect or impair in any way the authority of any public or private property owner other than the City to prohibit the carrying of firearms into or upon other public or private property.
D. This section shall not apply to an employee of the City or any of its enterprises who is authorized by the Mayor, the Chief Executive Officer of Colorado Springs Utilities, or the Chief Executive Officer for MHS Enterprise to carry a firearm in the performance of that person's duties and who was, in fact, engaged in the performance of those duties.
E. This section shall not apply to a private security officer holding a firearm endorsement while providing security services to the City or its enterprises pursuant to a contract with a private security agency. (Ord. 03-132; Ord. 07-197; Ord. 11-19; Ord. 15-66)
PART 2 OTHER DANGEROUS WEAPONS AND SUBSTANCES
SECTION:
9.7.201: Concealment And Use
9.7.202: Use Of Certain Chemicals Prohibited
9.7.203: Incendiary Or Explosive Devices
9.7.204: Unlawful To Throw Stones Or Missiles
9.7.205: Inhaling Toxic Vapors
9.7.206: Possession Of Marijuana
9.7.207: Consumption Of Marijuana In Public Prohibited
9.7.208: Consumption Of Marijuana In Vehicles Prohibited
9.7.209: Manufacture Of Marijuana Concentrates
9.7.210: Possession Of Marijuana Paraphernalia
9.7.211: Cultivation Of Marijuana
9.7.212: Unlawful Transfer Of Marijuana
9.7.213: Unlawful Transfer Of Tobacco And Tobacco Products
It is unlawful for any person to wear under the person's clothes or conceal about the person, or to use or to attempt to use as a weapon, any substance or article containing any substance which is required to bear a cautionary label stating that its use in other than the manner prescribed is dangerous or deadly or injurious to the body of any person or animal, or may be the cause of illness of any person or animal, as requirements are set forth in the Colorado Hazardous Substances Act 1 , or any other Statute of the State of Colorado which may now be or later be enacted to control the injurious substances, or are established by the Federal Hazardous Substances Labeling Act 2 or are established by part 191 of chapter 1, title 21 of the Federal Food and Drug Act, as any statute is now in effect or may later be amended, or are established by any State or Federal regulation promulgated pursuant to any statutes. (Ord. 4517; 1968 Code §8-15; Ord. 01-42)
Notes
1 | 1. CRS §25-5-501 et seq. |
2 | 2. PL 86-613, §1 - 18, 74 stat. 372 - 381; 15 USC 1261 - 2374 dated February 1, 1961. |
A. It is unlawful for any person to have in the person's possession, to sell, to offer for sale, to give away, to lend or to furnish, to use or threaten to use any device for dispensing mace, paralyzing gas, or any similar chemicals or combination of chemicals, or other ingredients, designed to injure, maim, paralyze, immobilize or cause the illness of a person or animal, whether or not the substance is packaged in a container under pressure. Any device designed to be carried in a handbag or pocket and which does not contain more than one and one-fourth (11/4) ounces of chemical may be possessed by and sold to persons eighteen (18) years of age and older and may be used by persons in self-defense.
B. Nothing in this section or section 9.7.201 of this part shall be construed to prohibit the use of the devices by peace officers and mailmen in the discharge of the person's duties, nor by employees of the City or any of its enterprises who have obtained the approval of the Mayor, the Chief Executive Officer of Colorado Springs Utilities, or the Chief Executive Officer for MHS Enterprise to use the devices in the performance of the person's duties.
C. It shall be a defense to an allegation of a violation of this section that the act was committed by a private security officer licensed by the City of Colorado Springs, in possession of more than one and one-fourth (11/4) ounces of chemical, but less than three (3) ounces of chemical, while exercising the privileges of the license. This defense shall not relieve the licensed private security officer of any civil liability incurred as a result of the use of the chemical. (1968 Code §8-15; Ord. 79-137; Ord. 01-42; Ord. 07-197; Ord. 08-64; Ord. 11-19; Ord. 15-66)
A. It is unlawful for any person to throw, place or cause to be placed any incendiary or explosive device for the purpose of causing injury to any person or damage to property.
B. It is unlawful for any person to prepare or to assist in the preparation of an incendiary or an explosive device, to possess, handle, store, transport or sell any device, knowing the same is to be thrown, placed or caused to be placed for the purpose of causing injury to any person or damage to property.
C. Except as otherwise permitted by law, it is unlawful for any person to possess on the person, in any motor vehicle or in any structure, an incendiary or an explosive device as defined in this section.
D. An "incendiary or explosive device" includes, but not by way of limitation, any device consisting in whole or in part of flammable material or other material having the capability of exploding, igniting or burning. (Ord. 4517; 1968 Code §8-16; Ord. 01-42)
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