OFFENSES AFFECTING PUBLIC SAFETY

Colorado Springs City Code ch. 9, art. 2

in effect

Colorado Springs City Code § 9.2.101 FIGHTING

9.2.101: FIGHTING: A. It is unlawful for any person to intentionally, knowingly or recklessly fight or brawl with another. B. It is unlawful for any person to permit any of the above acts in any house or upon any premises under the person's management or control when it is within the person's power to prevent action. C. For purposes of this section, it is not a defense that a person charged with a violation of this section was not the instigator or the initiator of the fight. (Ord. 86-35; Ord. 01-42)

Colorado Springs City Code § 9.2.102 LOITERING

9.2.102: LOITERING: A. Defined: The word "loiter" means to be dilatory, to stand idly around, to linger, delay, wander about, to remain, abide or tarry in a public place. B. Loitering To Warrant Alarm: It is unlawful for any person to loiter so as to warrant alarm for the safety of persons or property in the vicinity. C. Loitering On School Grounds: 1. It is unlawful to loiter on school grounds. A person loiters on school grounds if: a. At a time when the school is in session or when persons under the age of eighteen (18) are otherwise present in the school building or on the grounds; b. Having been asked to leave by a school administrator or school representative or a peace officer; c. That person loiters in the school building, on the school grounds, or within one hundred feet (100') of the school grounds; d. Without having any reason related to custody of or responsibility for a pupil attending that school, or any other specific, legitimate reason for the person's presence; e. Under circumstances in which the person's continued presence interferes with or disrupts the school program or interferes with or endangers school children or personnel present in the school building or on its grounds. 2. It is unlawful for any person under the age of eighteen (18) years to loiter or to aimlessly drive or ride about, on or about any street, avenue, highway, road, sidewalk, curb, gutter, parking lot, alley, vacant lot, park, playground, yard, building, place of amusement, or eating place, whether public or private, without the consent or permission of the owner or occupant thereof, during the hours ending at six o'clock (6:00) A.M. and beginning at twelve o'clock (12:00) midnight on Saturday and Sunday mornings, and beginning at ten o'clock (10:00) P.M. on Sunday night through Thursday night. No violation of this subsection will have occurred if the person under the age of eighteen (18) years is accompanied by a parent, guardian or other adult person over the age of twenty one (21) years who is authorized by a parent or guardian of the juvenile to take the parent's place in accompanying the juvenile for a designated period of time and purpose within a specified area. 3. It is unlawful for the parent, guardian, or other adult person having the care and custody of a juvenile under the age of eighteen (18) years to knowingly permit or allow the juvenile to loiter or to aimlessly drive or ride about at the places and within the time prohibited by subsection C2 of this section. The term "knowingly" includes knowledge which a parent should be reasonably expected to have concerning the whereabouts of a juvenile in that parent or guardian's custody. It shall be no defense that a parent, guardian, or other person having the care and custody of the juvenile was indifferent to the activities, conduct or whereabouts of the juvenile. D. Reasonable Grounds, Duty Of Officer: For purposes of a prosecution under subsection B of this section, the following applies: 1. Among the circumstances which may be considered in determining whether reasonable grounds for belief have arisen that a person is loitering is the fact that the person: a. Takes flight upon appearance of a peace officer; or b. Refuses to provide the person's identity; or c. Manifestly endeavors to conceal the person's person or any object; or d. Systematically checks the means of access to buildings or vehicles; or e. Maintains a continuous presence in close proximity to a place when the person's activity manifests a high probability of unlawful activity. 2. Unless flight by the person or other circumstances make it impractical, a peace officer shall, prior to any arrest for an offense under this section, afford the person an opportunity to dispel any alarm otherwise warranted, or explain any circumstances giving rise to reasonable grounds for belief that the person is loitering by requesting that person to: a. Identify himself/herself; and b. Explain the person's presence and conduct. E. Standard For Conviction: No person shall be convicted of an offense under subsection B of this section, if the peace officer did not comply with subsections D2a and D2b of this section, or if at trial, that the explanation of presence and conduct given by the defendant was true and, if believed by the peace officer at the time, would have dispelled any alarm or would have disclosed a lawful purpose. (Ord. 4517; 1968 Code §8-9; Ord. 84-180; Ord. 86-36; Ord. 92-9; Ord. 01-42)

Colorado Springs City Code § 9.2.103 FAILURE TO DESIST OR DISPERSE

9.2.103: FAILURE TO DESIST OR DISPERSE: It is unlawful for any person to intentionally, knowingly or recklessly fail or refuse to obey an order which: A. Is made by a peace officer while in the discharge or apparent discharge of the officer's duties; and B. Directs that person, or a group of which that person is a member, to desist from conduct or disperse from an area; and C. Is given at a time when that person individually or with others is participating in a course of conduct or is present in an area where the conduct or presence creates, maintains or aggravates an immediate substantial danger of damage or injury to persons or property or substantially obstructs the performance of any governmental function. (1968 Code §8-10; Ord. 74-118; Ord. 80-299; Ord. 01-42)

Colorado Springs City Code § 9.2.104 OBSTRUCTING PASSAGE OR ASSEMBLY

9.2.104: OBSTRUCTING PASSAGE OR ASSEMBLY: A. It shall be unlawful for any person to intentionally obstruct any street, sidewalk, parking lane or median so as to interfere with another's immediate, free and uninterrupted use and passage. B. It shall be unlawful for any person to intentionally obstruct any entry, doorway or other area of ingress or egress to any public or private premises so as to interfere with the immediate, free and uninterrupted use of property facing or fronting on any public street, sidewalk or any other public place whether the obstruction arises from the person's acts alone or from those acts and the acts of others. C. It shall be unlawful for any person to lie down or sleep upon any street, sidewalk, parking lane, median or in any entry, doorway or other area of ingress or egress to any public or private premises, whether on the ground or upon benches, stools, chairs or other seats or surfaces, within the downtown area, so as to interfere with the immediate, free and uninterrupted use of any public street, public sidewalk, entryway or area of ingress or egress to public or private property or any other public place. 1. This prohibition shall not apply to any person lying down due to a medical emergency. 2. It shall be a defense that the person was on private property and was authorized, licensed, invited or otherwise privileged to do so. The existence of a letter filed with the Colorado Springs Police Department by the private property owner or lawful possessor authorizing the Police Department to enforce violations of City Code on the owner's or possessor's property shall constitute prima facie evidence that the person was acting without authorization, license, invitation or other privilege. 3. "Downtown area" shall be defined as the area bordering on or included within the area bordered on the north by St. Vrain Street, on the south by Rio Grande, on the east by Wahsatch and on the west by Interstate Highway 25. D. It is unlawful for any person, by the person's conduct in, on or near the premises, property or facilities of the City; or any public place, any public or private institutions, offices or buildings or any school, congregation or assembly meeting for religious worship; or any other lawful meeting or assembly to intentionally, knowingly or recklessly: 1. Obstruct an elevator, aisle, stairway or hallway to which the public or a substantial group of the public has access, or any other place used for the passage of persons, vehicles or conveyances, whether the obstruction arises from the person's acts alone or from these acts and the acts of others; or 2. Disobey a reasonable request or order to move issued by a person known to be a peace officer, a firefighter, or a person with authority to control the use of the premises, to prevent obstruction of a highway, passageway or of the premises or facilities, or to maintain public safety by dispersing those gathered in dangerous proximity to a fire, riot or other hazard. 3. Substantially to disrupt, obstruct or interfere with any lawful meeting, procession or gathering in or on the premises by intentional physical action, verbal utterance or any other means. 4. Deny any public servant, official, employee, invitee or student: a. Lawful freedom of movement on the premises; b. Lawful use of the property, premises or facilities; c. The right of lawful ingress and egress to the property. 5. Impede any public servant, official, employee, invitee or student in the lawful performance of the person's duties or activities through the use of restraint, coercion, or intimidation or when force and violence are present or threatened. 6. Fail or refuse to leave premises, property or facilities or the immediate vicinity upon being reasonably requested to do so by a peace officer, Chief Administrative Officer, or designee, dean of an educational institution, or other individual or public servant with authority to control the use of the premises if the person is committing, threatens to commit, or incites others to commit, any act which would obstruct, disrupt, restrict or impede the lawful missions, processes, procedures or functions in or on the premises, property or facilities. E. For the purposes of this section, "obstruct" means to render impassable or to render passage unreasonably inconvenient or hazardous. Evidence that a pedestrian or vehicle has to alter substantially the direction of travel in order to accommodate a person located in the pedestrian's or vehicle's way shall be prima facie evidence of obstruction. F. Nothing in this section shall be construed to prevent lawful assembly and peaceful and orderly petition for the redress of grievances or acting in accord with a license or permit. (Ord. 4517; 1968 Code §8-12; Ord. 01-42; Ord. 02-214)

Colorado Springs City Code § 9.2.105 UNLAWFUL USE OF TELEPHONE OR COMPUTER

9.2.105: UNLAWFUL USE OF TELEPHONE OR COMPUTER: (Ord. 86-37; Ord. 94-37; Ord. 95-68; Ord. 01-42; Rep. by Ord. 16-16)

Colorado Springs City Code § 9.2.106 STORAGE OF UNSAFE ICEBOX AND SIMILAR ITEMS

9.2.106: STORAGE OF UNSAFE ICEBOX AND SIMILAR ITEMS: A. It is unlawful for any person to store, maintain, abandon, discard or place any icebox, refrigerator or freezer which is not being used for refrigeration purposes in any public or private place accessible to children without first doing one (1) or more of the following to any icebox, refrigerator or freezer: 1. Removing the door or doors; or 2. Removing the latches and affixing a block or wedge or other device to the inner door surface in a manner that the door or doors cannot shut to form a tight seal; or 3. Padlocking the door or doors shut; or 4. Securing the door or doors shut with metal strapping. B. It is unlawful for any person to abandon or discard in any public or private place accessible to children, or for the owner, lessee or manager of any property to knowingly permit to remain abandoned or discarded in any place under the person's control which is accessible to children, any chest, closet, piece of furniture or other article having a compartment of a capacity of one and one-half (11/2) cubic feet or more and having a door or lid which, when closed, cannot be opened easily from the inside. (1968 Code §8-54; Ord. 77-172; Ord. 01-42)

Colorado Springs City Code § 9.2.107 HARASSMENT

9.2.107: HARASSMENT: A. It is unlawful for any person to commit harassment. A person commits harassment if, with intent to harass, annoy, or alarm another person, that person: 1. Strikes, shoves, kicks, or otherwise touches a person or subjects him to physical contact; or 2. In a public place directs obscene language or makes an obscene gesture to or at another person; or 3. Follows a person in or about a public place; or 4. Repeatedly insults, taunts, challenges, or makes communications in offensively coarse language to another in a manner likely to provoke a violent or disorderly response; or 5. Directly or indirectly initiates communication with a person or directs language toward another person, anonymously or otherwise, by telephone, telephone network, data network, text message, instant message, computer, computer network, computer system, or other interactive electronic medium in a manner intended to harass or threaten bodily injury or property damage, or makes any comment, request, suggestion, or proposal by telephone, computer, computer network, computer system, or other interactive electronic medium that is obscene; or 6. Makes a telephone call or causes a telephone to ring repeatedly, whether or not a conversation ensues, with no purpose of legitimate conversation; or 7. Makes repeated communications at inconvenient hours that invade the privacy of another and interfere in the use and enjoyment of another's home or private residence or other private property. B. As used in this section, unless the context otherwise requires, "obscene" means a patently offensive description of ultimate sexual acts or solicitation to commit ultimate sexual acts, whether or not said ultimate sexual acts are normal or perverted, actual or simulated, including masturbation, cunnilingus, fellatio, anilingus, or excretory functions. C. Any act prohibited by subsections A5 through A7 of this section may be deemed to have occurred or to have been committed at the place at which the telephone call, electronic mail, transmission, or other electronic communication was either made or received. D. As used in this section, the term "person" shall include any single person or group of persons including families, households, businesses and other organizations. E. This section is not intended to infringe upon any right guaranteed to any person by the first amendment to the United States Constitution or to prevent the expression of any religious, political, or philosophical views. (Ord. 86-38; Ord. 01-42; Ord. 16-16)

Colorado Springs City Code § 9.2.108 CROSSING POLICE LINE

9.2.108: CROSSING POLICE LINE: A. If the Mayor or Chief of Police determines that a substantial danger to the preservation of public health or safety exists as a result of a parade or demonstration, or a counterdemonstration or planned or threatened parade or demonstration or counterdemonstration, the Mayor or the Chief of Police may order a police line or lines be set up for the following purposes: 1. To effect a clearing in order to separate parade participants or demonstrators, counterdemonstrators, and passersby; or 2. To allow for the movement of pedestrian or vehicular traffic; or 3. To exclude the public from the vicinity of a riot or disorderly gathering; or 4. To protect persons and property. B. The police line shall be set up in a manner which represents the least restrictive alternative reasonably necessary to cope with the danger posed, in the judgment of the Mayor or Chief of Police, and by any means which the Mayor or Chief of Police determines gives reasonable notice of the existence of the police line. C. No person shall intentionally, knowingly or recklessly cross a police line established by the Mayor or Chief of Police. D. Any person convicted of a violation of subsection C of this section shall not be subject to imprisonment nor entitled to a jury trial. Any person so convicted shall be fined not more than five hundred dollars ($500.00). (Ord. 89-90; Ord. 01-42; Ord. 11-19)

Colorado Springs City Code § 9.2.109 ASSAULT

9.2.109: ASSAULT: It is unlawful for any person to knowingly or recklessly cause bodily injury to another person. For the purposes of this section, "bodily injury" is defined as physical pain, illness, or any impairment of physical or mental condition. (Ord. 90-129; Ord. 01-42)

Colorado Springs City Code § 9.2.110 INCITEMENT

9.2.110: INCITEMENT: It is unlawful for any person to intentionally, knowingly or recklessly address violent, abusive, or threatening language or utterances to any person or persons in a public place which tends to or is likely to incite immediate violence or an immediate breach of the peace. (Ord. 98-229; Ord. 01-42)

Colorado Springs City Code § 9.2.111 SOLICITATION PROHIBITED

9.2.111: SOLICITATION PROHIBITED: A. Purpose: The purpose of this section is to protect the health, safety and welfare of all citizens of the City and those who travel through the City by eliminating aggressive solicitation. Aggressive solicitation is disturbing and disruptive to residents and businesses and impacts social harmony and economic viability of the City. It is not the purpose of this section to prohibit lawful solicitation activity, but to regulate behaviors that are intimidating, threatening, coercive or obscene. B. Definitions: OBSTRUCT: To hinder or slow progress, to retard progress, to make accomplishment of obtaining a goal slower or more difficult, to be or come in the way of or impede. PUBLIC PLACE: A place to which the public or a substantial part of the public has access, including streets, highways, transportation facilities, schools, places of amusement, parks, playgrounds and the common areas of public and private buildings and facilities, including parking lots or any other area intended for use by the public. It shall include the front, entryway, doorway or vestibule or area of immediate access to any public place, store, shop, restaurant, tavern or other place of business. SOLICITING: To knowingly make a request, whether by spoken words, bodily gestures, written signs or other means, for a gift of money or other thing of value. Soliciting includes, but is not limited to, seeking a donation where the person being solicited receives an item of little or no monetary value in exchange for a donation, under circumstances where a reasonable person would understand that the purchase is in substance a donation, or begging or panhandling. C. Soliciting Prohibited: 1. It shall be unlawful for any person to engage in aggressive soliciting in any public place. "Aggressive soliciting" is defined as: a. Intentionally touching or causing physical contact with another person without that person's consent in the course of soliciting; b. Intentionally blocking, obstructing or interfering with the safe or free passage of a pedestrian or vehicle by any means, including unreasonably causing a pedestrian or vehicle operator to take evasive action to avoid physical contact in the course of soliciting; c. Using violent or threatening conduct toward a person solicited which would cause a reasonable person to be fearful for his or her safety; d. Using profane or abusive language which is likely to provoke an immediate violent reaction from the person being solicited or would cause a reasonable person to be fearful for his or her safety; or e. Approaching or following a person for solicitation in a manner and with conduct, words, or gestures intended or likely to cause a reasonable person to fear imminent bodily harm or damage to or loss of property or otherwise to be intimidated into giving money or other thing of value. 2. It shall be unlawful for any person to engage in soliciting on any private or residential property after having been asked to leave, or after having been asked to refrain from soliciting, by the owner or other person lawfully in possession of the property. Displaying a "No Soliciting" sign constitutes a request to refrain from soliciting. 3. Nothing in this subsection C shall be construed to prevent a person from acting in accord with a license or permit. (Ord. 02-214; Ord. 13-22; Ord. 16-14)

Colorado Springs City Code § 9.2.112 SITTING OR LYING DOWN IN COMMERCIAL DISTRICTS

9.2.112: SITTING OR LYING DOWN IN COMMERCIAL DISTRICTS: A. Unlawful: It shall be unlawful for any person to sit, kneel, recline or lie down in the Central Commercial District or in the Old Colorado City Commercial District upon the surface of any public right of way, or upon any bedding, chair, stool, or any other object placed upon the surface of the public right of way, between the hours of seven o'clock (7:00) A.M. and ten o'clock (10:00) P.M. daily and between the hours of ten o'clock (10:00) P.M. and three o'clock (3:00) A.M. on Friday and Saturday nights. B. Definitions: For purposes of this section, the terms below shall have the following meanings: CENTRAL COMMERCIAL DISTRICT: The area depicted on the map below, inclusive of the public rights-of-way on the border of the area. [image omitted; see the official code] OLD COLORADO CITY COMMERCIAL DISTRICT: The area bordered on or included within the area bordered on the north by West Pikes Peak Avenue, on the south by West Cucharras Street, on the east by 23rd Street, and on the west by 28th Street. PUBLIC RIGHT OF WAY: Any street, sidewalk, trail, path, alley, parkway, curb, median, traffic island, or any other publicly owned property intended or used for pedestrian, recreational or vehicular travel. C. Defense: It is an affirmative defense to a violation of this section that a person: 1. Sits, kneels, reclines or lies down upon the public right of way due to a medical emergency. 2. As a result of a medically confirmable disability, utilizes a wheelchair, walker or other similar mobility supporting device to move about the public right of way. 3. Is operating or patronizing a commercial establishment located in the public right of way pursuant to any permit or license issued by the City. 4. Sits or kneels on the public right of way when attending a parade, festival, performance, rally, demonstration, meeting, or similar special event conducted in the public right of way pursuant to any permit or license issued by the City. 5. Sits upon an object intended for sitting in the public right of way furnished by the City or by any other public agency. 6. Sits upon a public sidewalk at or near a transit stop while waiting for public transportation. D. Notification By Law Enforcement: No law enforcement officer shall issue a citation, make an arrest or otherwise enforce this section against any person unless the person engages in conduct prohibited by this section after having first been notified by a law enforcement officer that the conduct violates this section. E. Penalties: 1. Upon conviction for a first offense for violating this section, the court shall impose a fine of not more than five hundred dollars ($500.00), or a sentence of probation, or both. 2. Upon conviction for a second or subsequent offense for violating this section, the court shall impose a fine of not more than five hundred dollars ($500.00), or imprisonment in jail for a period of not more than ninety (90) days, or a sentence of probation, or by a combination of fine, imprisonment, and a sentence of probation. (Ord. 16-13; Ord. 22-07; Ord. 25-01)

Colorado Springs City Code § 9.2.113 RESIDENCE RESTRICTIONS FOR SEXUALLY VIOLENT PREDATORS

9.2.113: RESIDENCE RESTRICTIONS FOR SEXUALLY VIOLENT PREDATORS: A. This section is intended to serve the City's compelling interest to promote, protect, and improve the public health, safety, and welfare by creating areas around locations where children regularly congregate in concentrated numbers where sexually violent predators are prohibited from establishing permanent or temporary residence while still recognizing the need for safe and adequate housing for those individuals who are released to the community by State authorities. B. For the purposes of this section, the following definitions apply: COMMUNITY RESIDENTIAL HOME: A group living situation accommodating at least four (4) but no more than eight (8) persons, which is licensed by the state and in which services and supports are provided to persons with intellectual and developmental disabilities. PERMANENT RESIDENCE: A place where a person abides, lodges, or resides for five (5) or more consecutive days. SEXUALLY VIOLENT PREDATOR: A person who has been found to be a sexually violent predator pursuant to C.R.S. § 18-3-414.5., and where the person was convicted of Sexual Assault on a Child pursuant to C.R.S. § 18-3-405, the attempt thereof, or any other equivalent state statute. TEMPORARY RESIDENCE: A place where a person abides, lodges, or resides for a period of less than five (5) days. C. It is unlawful for any sexually violent predator to establish a permanent residence or a temporary residence within one thousand feet (1,000') of a school or a child care facility licensed pursuant to C.R.S. § 26.5-5-301, et seq. D. A sexually violent predator does not violate this section if: 1. The sexually violent predator established the permanent residence prior to the effective date of this section; 2. The sexually violent predator established the permanent residence or temporary residence at a community residential home or a shelter operated by The Springs Rescue Mission, The Salvation Army Colorado Springs Residences, Inc. or The Salvation Army Colorado Springs Residences II, Inc.; 3. The sexually violent predator is placed in the residence pursuant to a state-licensed foster care program, court order, or parole requirement; or 4. The school or licensed child care facility within one thousand feet (1,000') of the property opened after the sexually violent predator established the permanent residence. E. For the purposes of determining a minimum distance separation required herein, the measurement shall be made by following a straight line, without regard to intervening structures or objects, from the outer property line of the property on which the school or licensed child care facility is located to the nearest point on the outer property line of the property on which the permanent or temporary residence is located. (Ord. 26-04)

Source: City of Colorado Springs, Colorado, City Code and City Charter (American Legal Publishing, codelibrary.amlegal.com)URL: https://codelibrary.amlegal.com/codes/coloradospringsco/latest/coloradosprings_co/0-0-0-16194Fetched: 11/1/2026