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4-2-4: GAMBLING:
   A.   Gambling Prohibited: No person shall play for money or other valuable things at any game with cards, dice, billiards or with any other article, instrument or thing whatsoever which may be used for the purpose of playing or betting upon or winning or losing any money or any other thing of value, nor shall bet upon any game others may be playing.
   B.   Gambling Houses And Devices: No person shall keep a gaming house, or in any building or other place by himself or his agent used or occupied, procure or permit any persons to frequent or come together to play for money or other valuable thing at any game, nor shall keep nor suffer to be kept any table or other apparatus for the purpose of playing at any game or sport for money or any valuable thing, nor shall keep nor rent any such place for any such purpose. (Ord. 22, 4-19-1919)
   C.   Confiscation And Destruction Of Gambling Paraphernalia: All gambling devices, gambling records and gambling proceeds are subject to seizure by any peace officer and may be confiscated and destroyed by order of a court acquiring jurisdiction. Gambling proceeds shall be transmitted by court order to the general fund of the state.
   D.   Penalty: Any person violating any of the provisions of this section shall, upon conviction, be fined as provided in section 1-4-1 of this code for each offense. A person who engages in gambling commits a class 1 misdemeanor; a person who possesses a premises commits a class 3 misdemeanor; and a repeat offender commits a class 5 felony. (1990 Code)
4-2-5: CURFEW, MINORS (UNDER EIGHTEEN YEARS OF AGE):
The following provisions shall be applicable to the creation and enforcement of the curfew:
   A.   Definitions: As used in this section, the following words shall have the necessary stated meanings:
         LOITER OR LOITERING: To be dilatory, to stand idly around, to linger, delay, or wander about, or to remain, abide, or tarry in a public place.
         PUBLIC PLACE: A place to which the public or a substantial number of the public has access, including, but not necessarily limited to, any street, alley, road, highway, sidewalk, automobile parking lot, school, place of amusement, park, playground, and public building or facility.
   B.   Unlawful Acts:
      1.   It shall be unlawful for any person under the age of eighteen (18) years, or for any parent, guardian or other person having care or custody of any person under the age of eighteen (18) years to allow or permit such person, or for that person to loiter in or upon any public place within the town subsequent to the hour of eleven o'clock (11:00) P.M., or prior to the hour of five o'clock (5:00) A.M., except for purposes of lawful employment, or unless such person under the age of eighteen (18) years is accompanied by the parent or guardian of said person or unless such person is involved in or attending a school, religious, community or athletic activity which includes adult sponsorship and supervision.
      2.   It shall further be considered and deemed to be an unlawful act for any person under the age of eighteen (18) years, or for any parent, guardian or other person having care or custody of any person under the age of eighteen (18) years to allow or permit such person, or for that person to be either the driver of or the passenger in any vehicle on a public road, street, highway, or public parking lot, within the time period as proscribed in subsection B1 of this section if such person is not accompanied by his or her parent or guardian, or unless such person is either traveling to or from his or her place of lawful employment, or a school, religious, community, or athletic activity which includes adult sponsorship and supervision.
      3.   Such person shall be deemed to be in violation of this section, as a loiterer, either on foot or in a vehicle, if such person, following the completion of his or her employment, school, religious, community, or athletic activity, has not taken the most direct route to his home within a reasonable amount of time following the completion of the event.
   C.   Effective Period: The provisions of this section shall be in effect and enforceable commencing on November 7, 1995, at eleven o'clock (11:00) P.M., and shall remain enforceable throughout the year.
   D.   Penalty: Any person who violates any of the provisions of section 4-2-5 shall be fined for a first offense within a one (1) year period of time, the sum of forty five dollars ($45.00). Subsequent violations within one (1) year shall result in the person receiving a summons and complaint to appear in the Simla Municipal Court and may result in a fine of up to seven hundred dollars ($700.00). (Res. 64-1995, 11-7-1995; amd. Ord. 319, 8-11-2020)
4-2-6: PUBLIC PARKS, WASTEWATER TREATMENT PLANT AND CEMETERY; RESTRICTION ON USE:
The following provisions shall be applicable to the creation and enforcement of the prohibition:
   A.   Public Parks, Cemetery, And Simla Wastewater Treatment Plant: "Public parks" shall refer to all public parks located within the town of Simla, including, but not limited to, the Simla town park located at 325 Pueblo Avenue, the Dean Tracy Memorial Park located at 1001 Antelope Street, the small town park located at 322 Navajo Avenue, and the Frank King Memorial Field/Ballfields located at 315 Cheyenne Avenue, all located within the town of Simla, Elbert County, Colorado. The town of Simla cemetery is located at 1100 Antelope Street, and the Simla wastewater treatment plant is located at 1109 Antelope Street, town of Simla, Elbert County, Colorado. (Ord. 222, 9-19-2000)
   B.   Unlawful Acts; Wastewater Treatment Plant; Adult Persons In Public Parks: It shall be unlawful for any person not employed or retained by the town to be upon, inhabit, or use any part of the Simla wastewater treatment plant without the permission of the town board or its designated employee or agent. It shall further be unlawful for any adult person to be upon, inhabit, or use any part or portion of a town public park during the following periods of time: (Ord. 222, 9-19-2000; amd. Ord. 294, 7-9-2013)
      1.   From the time when daylight saving time ends effective in October of each year to when daylight saving time starts in April of each year, the town public parks shall be closed to public use from the hour of nine o'clock (9:00) P.M., to the hour of five o'clock (5:00) A.M.
      2.   From the time when daylight saving time starts effective in April of each year to when daylight saving time ends in October of each year, the stated facilities shall be closed to public use from the hour of eleven o'clock (11:00) P.M., to the hour of five o'clock (5:00) A.M.
      3.   The above stated time periods shall not apply to residents or others involved with the parks or facilities as employees of the town or by permission of the town board or its designated agent or employee. Further the above stated time periods shall not apply to those persons involved in community, athletic, or other activity previously sanctioned in writing by the town board.
   C.   Unlawful Acts; Minors: It shall be unlawful for any minor (youth under the age of 18) not employed or retained by the town to be upon, inhabit, or use any part or portion of a town public park or the town cemetery, at any time of the year, from nightfall to five o'clock (5:00) A.M. The restriction set forth herein shall not apply to those minors involved with the parks or facilities as employees of the town, or to those minors involved in a school activity, which event is sponsored and supervised by school or town officials or employees, and which event has been previously approved by the town board, in writing, or to those minors accompanied by a parent or guardian during lawful hours.
   D.   Penalty: Any person who violates any of the provisions of this section 4-2- 6 shall be fined for a first offense within a one (1) year period of time, the sum of forty five dollars ($45.00). Subsequent violations within one (1) year shall result in the person receiving a summons and complaint to appear in the Simla Municipal Court and may result in a fine of up to seven hundred dollars ($700.00). (Ord. 222, 9-19-2000; amd. Ord. 319, 8-11-2020)
4-2-7: DISORDERLY CONDUCT:
It shall be unlawful for any person to disturb the peace and quiet of any neighborhood or family by committing 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.   Makes unreasonable noise in a public place or near a private residence that he has no right to occupy; or
   C.   Fights with another in a public place except in an amateur or professional contest of athletic skill; or
   D.   Not being a peace officer, discharges a firearm in a public place except when engaged in lawful target practice or hunting; or
   E.   Not being a peace officer, displays a deadly weapon in a public place in a manner calculated to alarm; or
   F.   Drives a vehicle, uses roller skates, or rides a bicycle or motorcycle on sidewalks, across parks or lawns, in such a manner as to be a danger to public safety or which activity is found to be destructive to private or public property. (Res. 96-99, 1-5-1999; amd. Ord. 213, 6-11-1999)
4-2-8: TRESPASS:
   A.   Unlawful: It shall be unlawful for any person to:
      1.   Intentionally or knowingly trespass or enter upon the premises or land of another or in possession of another without the permission of the owner or the person in possession of the premises or property, or having lawfully entered upon the premises or property, to remain on the premises or property after having been directed by the owner or person in possession of the premises or property to depart; or
      2.   To enter into or upon land or a building that is posted, locked, or otherwise fenced or enclosed in a manner that a reasonably prudent person would understand that the owner does not want the person on the land or in the building; or
      3.   To wilfully refuse or fail to leave any public building upon being requested to do so by the chief administrative officer, his or her designee, or the designated town officer charged with maintaining order in such public building, if the time of occupation is after regular operating hours or if the person so charged has committed, is committing, threatens to commit, or incites others to commit any act which did, or would if completed, disrupt, impair, interfere with, or obstruct the lawful missions, processes, procedures, or functions being carried on in the public building.
   B.   Definitions:
   PREMISES: Real property, buildings, and other improvements thereon.
   PUBLIC BUILDING: Any public building owned, operated, or controlled by the town, the state of Colorado, or by the federal government.
   C.   Penalty: Any person who shall violate any of the provisions of this section shall be fined in a sum of not less than twenty five dollars ($25.00), nor more than five hundred dollars ($500.00). (Ord. 235, 7-2-2002)
4-2-9: LOITERING ON SCHOOL GROUNDS OR IN A SCHOOL BUILDING:
It shall be unlawful for any person who with intent to interfere with or disrupt the school program or with intent to interfere with or endanger schoolchildren, loiters in a school building or on school grounds or within one hundred feet (100') of school grounds when persons under the age of eighteen (18) are present in the building or on the grounds, not having any reason or relationship involving custody of, or responsibility for, a pupil or any 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.
   A.   The word "loiter" shall mean to be dilatory, to stand idly around, to linger, delay, wander about, to remain, abide or tarry in a public place.
   B.   An officer shall have reasonable grounds for belief that a person is loitering with intent to interfere with or disrupt the school program or with intent to interfere with or endanger schoolchildren if he or she observes the subject person to be engaged in behavior including, but not limited to, one or more of the following:
      1.   Take flight upon appearance of a peace officer.
      2.   Refuse to provide personal identification to the peace officer.
      3.   Endeavor to conceal the person's person or any object.
      4.   Systematically check the means of access to buildings or vehicles on the school grounds.
      5.   Maintain a continuous presence in close proximity to a place when the person's activity manifests a high probability of unlawful activity.
   C.   It shall be an affirmative defense that the defendant's acts were lawful and he was exercising his rights of lawful assembly as a part of a peaceful and orderly petition for the redress of grievances, either in the course of labor disputes or otherwise.
   D.   Any person who shall violate any of the provisions of this section shall be fined in a sum of not less than twenty five dollars ($25.00), nor more than five hundred dollars ($500.00). (Ord. 235, 7-2-2002)
4-2-10: POSSESSION AND USE OF TOBACCO PRODUCTS, E-CIGARETTES, AND SIMILAR VAPING DEVICES BY MINORS:
The following provisions shall be applicable to the prohibition and enforcement of the ordinance codified herein prohibiting the possession and use of tobacco products, e-cigarettes, and similar vaping devices by minors.
   A.   Intent: It is the intent of this section to protect the public health, safety, and welfare of the citizens of the Town of Simla, and particularly minor children, by prohibiting the possession and use of tobacco products, e-cigarettes, and similar vaping devices by minors and by prohibiting the dissemination and furnishing of tobacco products, e-cigarettes, and other vaping devices and products to minors.
   B   Definitions: As used in this section, the following words or phrases are defined as follows:
 
MINOR:
Any person under eighteen (18) years of age.
SMOKING:
Holding or carrying of a lighted pipe, lighted cigar, or lighted cigarette of any kind and includes the lighting of a pipe, cigar, or cigarette of any kind.
VAPING:
The act of inhaling and exhaling the aerosol, often referred to as vapor, which produced by an e-cigarette or similar device.
TOBACCO PRODUCT:
Any substance containing tobacco leaf, including, but not limited to cigarettes, cigars, pipe tobacco, snuff, chewing tobacco, or dipping tobacco.
 
   C.   Unlawful Possession or Use of Tobacco Products or Vaping Products by Minors.
      1.   It shall be unlawful for any minor to possess any tobacco product, e-cigarette, or other vaping device.
      2.   It shall be unlawful for any minor to consume or use, either by smoking, ingesting, absorbing, chewing, or vaping any tobacco product, e-cigarette, or other vaping device.
      3.   It shall be unlawful for any minor to purchase, obtain, or attempt to purchase or obtain any tobacco product, e-cigarette, or other vaping device by misrepresentation of age or by any other method.
      4.   It shall be rebuttably presumed that the substance within a package or container is a tobacco product, e-cigarette, or other vaping device if the package or container has affixed to it a label which identifies the package or container as containing a tobacco product, e-cigarette, or other vaping device.
      5.   The Simla Municipal Court may, in its discretion, and as part of the sentence to be imposed against any minor convicted of violating this section, require the offender to complete any educational requirement imposed as a component of any sentence.
   D.   Unlawful Furnishing of Tobacco Products, E-Cigarettes, or Other Vaping Devices to Minors:
      1.   It shall be unlawful for any person to knowingly furnish to any minor, by gift, sale, or any other means, any tobacco product.
      2.   It shall be an affirmative defense to a prosecution under this section that the person furnishing the tobacco product, e-cigarette, or other vaping device was presented with and reasonably relied upon a document which identified the minor receiving the item or items as being eighteen (18) years of age or older.
   E.   Retail Sale of Tobacco Products, E-Cigarettes, or Similar Vaping Device:
      1.   It shall be unlawful for any business proprietor, manager, or other person in charge or control of a retail business of any kind to engage, employ, or permit any minor to sell tobacco products, e-cigarettes, or similar vaping devices, from such retail business.
      2.   It shall be unlawful for any business proprietor, manager, or other person in charge of or control of a retail business of any kind to stock or display a tobacco product, e-cigarette, or similar vaping device in any way which allows a customer to access such tobacco product, e-cigarette, or similar vaping device, without first securing the physical assistance of an adult business employee for each transaction. The provisions of this section shall not apply to stores possessing a valid retail liquor store license, as defined by the Colorado Liquor Code, issued by the Town, and shall not apply to vending machines meeting the requirements of this section.
   F.   Vending Machines:
      1.   It shall be unlawful for any person to sell or offer to sell any tobacco product, e-cigarette, or other vaping device, by use of a vending machine or other coin operated machine except that tobacco products, e-cigarettes or other vaping devices may be sold at retail, through vending machines only in places to which minors are not permitted access and such vending machine is under the direct supervision of the owner of the establishment or an adult employee of the owner.
      2.   It shall be unlawful for any person to possess or allow upon premises controlled by such person an operable vending machine containing any tobacco product, e-cigarette, or other vaping device, unless such vending machine is located in a place where minors are not permitted access and such vending machine is under direct supervision of the owner of the establishment or an adult employee of the owner.
      3.   As used in this section, "under direct supervision" means the vending machine shall be in plain vision of the adult employee or owner during regular business hours.
   G.   Violation: Any person who shall violate any of the provisions of this section shall be fined in a sum of not less than forty five dollars ($45.00) nor more than seven hundred dollars ($700.00), per violation. (Ord. 319, 8-11-2020)
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