For the purpose of this title, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ALCOHOLIC BEVERAGES. Any fermented malt beverage (3.2% alcohol by weight or less), malt, vinous or spiritous liquors (3.2% by weight or more).
ASSAULT. An intentional, unlawful attempt or offer, coupled with the apparent present ability to make forceful contact with the person of another, under circumstances which create a reasonable apprehension of imminent forceful contact.
BATTERY. An intentional, unlawful making of forceful contact with the person of another.
BODILY INJURY. Physical pain, illness or any impairment of physical or mental condition.
CONCEAL. To place or attempt to place out of view in such manner and circumstances as to indicate an intent to prevent others from seeing or discovering the presence of the thing concealed.
CRIMINAL NEGLIGENCE. A person acts with criminal negligence when, through a gross deviation from the standard of care that a reasonable person would exercise, fails to perceive or substantial and unjustifiable risk that a result will occur or that a circumstance exists.
DEADLY WEAPON. Any firearm, whether loaded or unloaded, 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.
FIGHT. To voluntarily assault or batter or attempt to assault or batter another under circumstances where the actor reasonably could avoid the opportunity or necessity to assault or batter the other person.
FIREARM. Any instrument used in the propulsion of shot, slug, shell or bullets or other objects or projectiles capable of inflicting pain, bodily injury or property damage, by the action of gunpowder exploded or burned within it, or by the action of compressed air within it or by the power or action of springs, and including what are commonly known as air rifles, air pistols and B-B guns.
INTENTIONALLY or WITH INTENT. All offenses defined in this section 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 or her conscious objective is to cause the specific result proscribed by this title, or any provision thereof, defining the offense. It is immaterial to the issue of specific intent whether or not the result actually occurred.
KNOWINGLY or WILLFULLY. All offenses defined in this chapter in which the mental culpability requirement is expressed as KNOWINGLY or WILLINGLY with respect to conduct or to a circumstance described by a statute defining an offense when he or she is aware that his or her conduct is of such nature or that such circumstance exists. A person acts KNOWINGLY or WILLFULLY with respect to a result of his or her conduct when he or she is aware that his or her conduct is practically certain to cause the result.
LEWD AND INDECENT EXPOSURE. Performing an act or simulating an act of:
(1) Sexual intercourse, flagellation or any sexual acts which are permitted by law;
(2) The touching, caressing or fondling of the breast, buttocks, anus or gentitals;
(3) The displaying of the pubic hair, anus, vulva or genitals;
(4) The displaying of the post-pubertal human female breast below a point immediately above the top of the areola, or the displaying of the post-pubertal human female breast where the nipple only or the nipple and areola only are covered; or
(5) The open display of urination or excretory functions in any public or private place other than in or upon a toilet facility provided for such purposes.
LITTER. All matters foreign to the place upon which said matter is deposited wherein the matter is not made appurtenant to, or otherwise lawfully kept, maintained or stored at said place, including, by way of illustration and not limitation, refuse, garbage, trash, debris or other waste materials, solid or liquid, of every form, size kind and description.
LOITER. To be dilatory, to stand idly around or linger, delay, wander about, to remain, abide or tarry in public places.
PERSON. Any natural person, corporation, association, partnership, limited partnership, joint venture or firm.
PUBLIC OR PRIVATE PROPERTY. Includes, but is not limited to, the right-of-way of any road or highway, any body of water or watercourse, including frozen areas, any park, open space, playground or building, any recreation area and any residential property.
PUBLIC PLACE. A place to which the public or a substantial segment 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.
PUBLIC VIEW. A place which can be seen by ordinary unaided human vision from a public place.
RECKLESSLY. A person acts RECKLESSLY when he or she consciously disregards a substantial and unjustifiable risk that a result will occur or that a circumstance exists.
REFUSE. Includes any grass clippings, leaves, hay, straw, manure, shavings, excelsior, paper, ashes, containers, boxes, glass, cans, bottles, garbage, waste, inoperative vehicles or parts thereof and discarded building and construction materials, including, but not limited to, plaster, broken concrete, bricks, cinder blocks, stones, wood, roofing materials, wire or metal binding, sacks, loose discarded and unused material and all other waste material of any kind or nature whatsoever.
SERIOUS BODILY INJURY. Bodily injury which involves a substantial risk of death, serious permanent disfigurement or protracted loss or impairment of the function of any part of the body.
SEXUAL INTERCOURSE. Contact between the genitalia, anus or female breast of one person and any part of another person for the purpose of immediate sexual gratification of any person; and contact between the genitalia, anus or female breast of one person and any part of any animal for purposes of sexual gratification of any persons.
TAMPER. To change the condition of anything so that its operation or tendency to perform its intended function will be altered.
TOWN. The Town of La Jara, County of Conejos in the State of Colorado.
TOWN COUNCIL or TOWN BOARD. The Board of Trustees of the Town of La Jara.
WILLFULLY. See KNOWINGLY.
(Ord. 1990-2, passed 7-26-1990)