Loading...
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)
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)
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)
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)
The following provisions shall be applicable to the prohibition of shoplifting and theft and the enforcement of this section:
A. Shoplifting Prohibited: It is unlawful for any person, without authorization, whether by threat or deception, to knowingly obtain or in any manner exercise control over any goods, wares, merchandise, or any other thing of value having a value of less than one thousand dollars ($1,000.00) which is owned or held by and offered or displayed for sale by any stores or other mercantile establishments located within the town of Simla, and the person:
1. Intends to deprive the store or mercantile establishment permanently of the use of the benefit of the thing of value; or
2. Knowingly uses, conceals, abandons, or otherwise exercises control over the thing of value in such a manner as to deprive the store or mercantile establishment permanently of its use or benefit; or
3. Uses, conceals, abandons, or otherwise exercises control over the thing of value intending that the use, concealment, abandonment, or control will deprive the store or mercantile establishment permanently of its use or benefit.
For purposes of this section, the term "deception" includes obtaining a full or partial refund for any goods the person knows have not been paid for or attempting to purchase or purchasing any goods for which the person knows the purchase price on the item has been altered.
It shall constitute prima facie evidence that a person intended to commit the offense of shoplifting if the person wilfully conceals unpurchased goods, wares, merchandise, or any other thing of value owned or held by and offered or intended to be offered or displayed for sale by any store or other mercantile establishment, whether the concealment be on the person or otherwise and whether it takes place on or off the premises of the store or mercantile establishment.
B. Concealment Of Goods: If any person wilfully conceals unpurchased goods, wares, merchandise, or any other thing of value owned or held by and offered or intended to be offered or displayed for sale by any store or other mercantile establishment, whether the concealment be on their own person or otherwise and whether such shall take place on or off the premises of the store or mercantile establishment, the concealment shall constitute prima facie evidence that the person intended to commit the offense of shoplifting.
C. Questioning Of Person Suspected Of Shoplifting Without Liability: If any person conceals or otherwise carries away any unpurchased goods, wares, merchandise, or other thing of value owned or held by and offered or intended to be offered or displayed for sale by any store or other mercantile establishment, the merchant or merchant's employee or any peace or police officer, acting in good faith and upon probable cause based upon reasonable grounds may detain and question the person in a reasonable manner for the purpose of ascertaining whether the person is guilty of shoplifting. Questioning of a person by a merchant, merchant's employee, or peace or police officer does not render the merchant, merchant's employee, or peace or police officer civilly or criminally liable for slander, false arrest, false imprisonment, malicious prosecution, or unlawful detention.
D. Theft: It is unlawful for any person, without authorization, to knowingly obtain or exercise control over anything having a value of less than one thousand dollars ($1,000.00), which is owned or lawfully possessed by another, and the person:
1. Intends to deprive the owner or lawful possessor permanently of the use or benefit of the thing of value; or
2. Knowingly uses, conceals, or abandons the thing of value in a manner as to deprive the owner or lawful possessor permanently of its use or benefit; or
3. Uses, conceals, or abandons the thing of value in a manner as to deprive the owner or lawful possessor permanently of its use or benefit.
E. Enforcement: 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) and shall also be assessed with the full restitution of the thing of value taken should the thing of value not be returned in the same condition as when taken. (Ord. 268, 7-8-2008)
A. Purpose And Prohibition: The purpose of this section is to promote the general public welfare and safety throughout the town of Simla, Elbert County, Colorado, and, as such, upon the passage of this section, the operation of marijuana cultivation facilities, marijuana product manufacturing facilities, marijuana testing facilities or retail marijuana stores within the incorporated areas of the town of Simla, Elbert County, Colorado, shall be strictly prohibited.
B. Definitions: Unless otherwise specified or the context otherwise requires, any terms used herein shall have the same meanings as provided in article XVIII, section 16 of the Colorado constitution. These definitions include, but are not limited to, the following:
MARIJUANA ACCESSORIES: Any equipment, products, or materials of any kind which are used, intended for use, or designed for use in planting, propagating, cultivating, growing, harvesting, composting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, vaporizing, or containing marijuana, or for ingesting, inhaling, or otherwise introducing marijuana into the human body.
MARIJUANA CULTIVATION FACILITY: An entity licensed to cultivate, prepare, and package marijuana and sell marijuana to retail marijuana stores, to marijuana product manufacturing facilities, and to other marijuana cultivation facilities, but not to consumers.
MARIJUANA ESTABLISHMENT: A marijuana cultivation facility, a marijuana testing facility, a marijuana product manufacturing facility, or a retail marijuana store.
MARIJUANA OR MARIHUANA: All parts of the plant of the genus Cannabis whether growing or not, the seeds thereof, the resin extracted from any part of the plant, and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or its resin, including marihuana concentrate. "Marijuana" or "marihuana" does not include industrial hemp, nor does it include fiber produced from the stalks, oil, or cake made from the seeds of the plant, sterilized seed of the plant which is incapable of germination, or the weight of any other ingredient combined with marijuana to prepare topical or oral administrations, food, drink, or other product.
MARIJUANA PRODUCT MANUFACTURING FACILITY: An entity licensed to purchase marijuana; manufacture, prepare, and package marijuana products; and sell marijuana and marijuana products to other marijuana product manufacturing facilities and to retail marijuana stores, but not to consumers.
MARIJUANA PRODUCTS: Concentrated marijuana products and marijuana products that are comprised of marijuana and other ingredients and are intended for use or consumption, such as, but not limited to, edible products, ointments, and tinctures.
MARIJUANA TESTING FACILITY: An entity licensed to analyze and certify the safety and potency of marijuana.
MEDICAL MARIJUANA CENTER: An entity licensed by a state agency to sell marijuana and marijuana products pursuant to section 14 of article XVIII of the Colorado constitution and the Colorado medical marijuana code.
RETAIL MARIJUANA STORE: An entity licensed to purchase marijuana from marijuana cultivation facilities and marijuana and marijuana products from marijuana product manufacturing facilities and to sell marijuana and marijuana products to consumers.
C. Scope: This section shall apply within the incorporated town of Simla. This section shall in no way limit application and enforcement of any statutes of the state of Colorado but shall be in addition thereto.
D. Enforcement: This section shall be enforced by the town of Simla police department.
E. Violation; Penalty: It shall be unlawful for any person to violate any provision of this section. All violations of this section shall be brought in the Simla municipal court.
1. Disposition Of Fines And Forfeitures: Unless otherwise provided by law, all fines and penalties, and the surcharge thereon, for the violation of this section shall be paid into the treasury of the town of Simla. The fine for a first offense and for any subsequent offense shall be up to five hundred dollars ($500.00) per violation and each day shall be deemed a separate violation.
2. Surcharges: In addition to the fines and penalties prescribed in this section, any person convicted of a violation of this section shall be subject to the statutory surcharges as may be adopted and imposed by the Simla municipal court. These surcharges shall be paid to the Simla municipal court clerk by each person convicted of violating this section. (Ord. 292, 3-12-2013)