Sponsored by Trustee Trustee's Bill Ordinance No

SPONSORED BY TRUSTEE

TRUSTEE'S BILL ORDINANCE NO.

NO. ___03-07______Series of 2003 Series of 2003

TITLE: A BILL FOR AN ORDINANCE AMENDING CHAPTER 10 OF THE HUDSON MUNICIPAL CODE BY THE ADDITION OF A NEW ARTICLE 9, ENTITLED OFFENSES AGAINST THE PERSON, AND A NEW SECTION 10-110, ENTITLED HARASSMENT

BE IT ORDAINED BY THE BOARD OF TRUSTEES FOR THE TOWN OF HUDSON, COLORADO, THAT:

Section 1. Chapter 10 of the Hudson Municipal Code is hereby amended by the addition of a new Article 9, entitled "Offenses Against the Person," and a new Section 10-110, to read as follows:

Article 9

OFFENSES AGAINST THE PERSON

Sec. 10-110. Harassment.

(a) A person commits harassment if, with intent to harass, annoy or alarm another person, he or she:

(1) Strikes, shoves, kicks or otherwise touches a person or subjects him to physical contact;

(2) In a public place directs obscene language or makes an obscene gesture to or at another person;

(3) Follows a person about in a public place;

(4) Initiates communication with a person, anonymously or otherwise by telephone, computer, computer network or computer system 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 or computer system which is obscene;

(5) Makes a telephone call or causes a telephone to ring repeatedly, whether or not a conversation ensues, with no purpose of legitimate conversation;

(6) 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; or

(7) Repeatedly insults, taunts, challenges or makes communications in offensively coarse language to another in a manner likely to provoke a violent or disorderly response.

(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 subsection (a)(4) hereof may be deemed to have occurred or to have been committed at the place at which the telephone call, electronic mail or other electronic communication was either made or received.

Section 2. Safety Clause. The Town Board of Trustees hereby finds, determines, and declares that this ordinance is promulgated under the general police power of the Town of Hudson, that it is promulgated for the health, safety, and welfare of the public, and that this ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The Board of Trustees further determines that the ordinance bears a rational relation to the proper legislative object sought to be attained.

Section 3. Severability. If any clause, sentence, paragraph, or part of this ordinance or the application thereof to any person or circumstances shall for any reason be adjudged by a court of competent jurisdiction invalid, such judgment shall not affect application to other persons or circumstances.

Section 4. Effective Date. This Ordinance shall become effective thirty (30) days after final publication.

INTRODUCED, READ IN FULL, AND ADOPTED this ____ day of ______, 2003.

TOWN OF HUDSON, COLORADO

______Charles E. Rossi, Mayor ATTEST:

______

Judy Larson, Town Clerk

PASSED ON SECOND AND FINAL READING this _____ day of ______, 2003, AND ORDERED PUBLISHED ONCE IN FULL.

TOWN OF HUDSON, COLORADO

______Charles E. Rossi, Mayor ATTEST:

______Judy Larson, Town Clerk

APPROVED AS TO FORM:

______Corey Y. Hoffmann, Town Attorney