City of Littleton 2255 West Berry Avenue Littleton, CO 80120 Meeting Agenda

Littleton Center City of Littleton 2255 West Berry Avenue Littleton, CO 80120 Meeting Agenda

City Council

Tuesday, March 3, 2020 6:30 PM Council Chamber

Regular Meeting and Executive Session (Study Session follows)

1. Roll Call

2. Pledge of Allegiance

3. Approval of Agenda

4. Comments / Reports

a) City Manager

b) City Attorney

c) Council Members

d) Mayor

5. Citizen Appearances

a) Guest Citizens - None

b) Scheduled Public Presentations - None

6. Public Comment

If you wish to address the city council under Public Comment, please sign-in on the public speaker form before the call to order for this meeting. Each speaker will be limited to three minutes. The city council is not authorized by the Colorado Open Meetings Law to discuss, comment, or take action at the meeting on any issue raised by public comment that is not part of tonight's agenda. The Mayor may refer the matter to the City Manager and/or City Attorney for immediate comment after Public Comment, or staff to obtain additional information and report back to the Council as appropriate.

7. Consent Agenda Items

Consent agenda items can be adopted by a simple motion. All ordinances must be read by title prior to a vote on the motion. Any consent agenda item may be removed at the request of a Council Member.

City of Littleton Page 1 Printed on 2/28/2020 City Council Meeting Agenda March 3, 2020 a) Ordinance Ordinance 09-2020: An ordinance on first reading amending Ordinance 09-2020 No. 25, series of 2019, known as the Annual Appropriation Bill

Attachments: 1. Ordinance No. 09-2020 2. 2019 Encumbrances b) Ordinance Ordinance 10-2020: An ordinance on first reading amending the 2020 10-2020 Littleton Sewer Utility Enterprise budget

Attachments: 1. Ordinance No. 10-2020 2. 2019 Encumbrances c) Ordinance Ordinance 11-2020: An ordinance on first reading amending the 2020 11-2020 Littleton Stormwater and Flood Management Utility Enterprise budget

Attachments: 1. Ordinance No. 11-2020 2. 2019 Encumbrances d) Ordinance Ordinance 12-2020: An ordinance on first reading amending multiple 12-2020 sections of Title 6 of the Littleton Municipal Code, pertaining to police regulations

Attachments: 1. Ordinance No. 12-2020 2. Title 6 Summary Table e) Ordinance Ordinance 07-2020: An ordinance on first reading amending Title 1, 07-2020 Administrative Regulations, of the Littleton Municipal Code

Attachments: 1. Ordinance No. 07-2020 2. Title 1 Summary Table f) Ordinance Ordinance 08-2020: An ordinance on first reading amending Title 3, 08-2020 Chapter 14, of the Littleton Municipal code pertaining to adult entertainment establishments

Attachments: 1. Ordinance No. 08-2020 2. Title 3 Summary Table g) Ordinance Ordinance 13-2020: An ordinance on first reading amending Title 9, 13-2020 Chapter 1, Sections 1 and 12 of the Littleton Municipal Code pertaining to the Model Traffic Code and traffic violations

Attachments: 1. Ordinance No. 13-2020 2. Title 9 Summary Table h) Resolution Resolution 14-2020: Approving an IGA with Colorado Department of 14-2020 Transportation (CDOT) for a Planning and Environmental Linkages (PEL) study on US-85, between C-470 and I-25/Alameda, including the City of Littleton and provide a financial contribution for the study

City of Littleton Page 2 Printed on 2/28/2020 City Council Meeting Agenda March 3, 2020

Attachments: 1. Resolution No. 14-2020 2. CDOT IGA i) Resolution Resolution 17-2020: Authorizing adoption of Comcast’s Customer Service 17-2020 Standards

Attachments: 1. Resolution No. 17-2020 2. CCUA Customer Service Standards - FINAL j) Resolution Resolution 16-2020: Entering into an Intergovernmental Agreement 16-2020 terminating the Regional Hazardous Materials Board of Arapahoe/Douglas Counties (“RHMBADC”)

Attachments: 1. Resolution No. 16-2020 2. IGA Terminating Board and Intergovernmental Agreement 3. Close Out Letter to Board 4. Accounts Summary as of December, 2019 k) ID# 20-081 Motion to approve authority, board, and commission appointments

Attachments: 1. Proposed 2020 ABC appointments l) ID# 20-068 Approval of the February 18, 2020 regular meeting minutes

Attachments: 1. 02-18-2020 - CC Minutes - DRAFT

8. General Business - None

9. Ordinances on Second Reading and Public Hearing - None

10. Motion to adjourn to an Executive Session

I move to go into Executive Session pursuant to C.R.S. § 24-6-402(4)(a) and Article III, Section 27 of the City Charter for purpose of discussing the purchase, acquisition, lease, transfer or sale of any real or personal property.

The public is invited to attend all regular meetings or study sessions of the City Council or any City Board or Commission. Please call 303-795-3780 at least forty-eight (48) hours prior to the meeting if you believe you will need special assistance or any reasonable accommodation in order to be in attendance at or participate in any such meeting. For any additional information concerning City meetings, please call the above referenced number.

City of Littleton Page 3 Printed on 2/28/2020

Colleen Norton

From: CAROL A BRZECZEK Brzeczek Sent: Tuesday, March 03, 2020 7:03 PM To: Colleen Norton Cc: Mark Relph; Reid Betzing Subject: Corection

CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

Colleen‐I misspoke at the meeting tonight and ask that you forward this email to all Councilmembers.

Thank you, Carol Brzeczek

Councilmembers,

Tonight I should have said that it is our legislative rules, not the charter, that defines the types of meetings council can have. My apologies.

Carol

* Sender and receiver should be mindful that all incoming and outgoing emails may be subject to the Colorado Open Records Act, S 24‐72‐100.1, et seq.

1 Littleton Center City of Littleton 2255 West Berry Avenue Littleton, CO 80120 7(a) Staff Communication

File #: Ordinance 09-2020, Version: 1

Agenda Date: 03/03/2020

Subject: Ordinance 09-2020: An ordinance on first reading amending Ordinance No. 25, series of 2019, known as the Annual Appropriation Bill

Prepared By: Tiffany Hooten, Finance Department

POLICY QUESTION: Does city council support amending the 2020 annual appropriation for the carryover of 2019 encumbered funds?

PRESENTATIONS: Staff Presenter(s): Stacey Covington, Budget Analyst and Tiffany Hooten, Finance Director Additional Presenter(s): N/A

SUMMARY: During the year, departments issue purchase orders for projects, goods, or services to encumber funds for these projects. There are several projects and/or services that may not be completed in the fiscal year in which they were budgeted, or goods may not have been received by December 31 of the budget year leaving an open purchase order amount at the end of the year. Staff believes it to be of sound financial practice to re-appropriate open purchase orders at the end of each year in the following budget year.

PRIOR ACTIONS OR DISCUSSIONS: The list of encumbrances was reviewed at study session held on February 18, 2020.

ANALYSIS: Staff Analysis There are 97 open purchase orders or encumbered funds for projects, goods, or services from the 2019 budget that need to be carried over to the 2020 budget for the listed funds below. Each purchase order or encumbrance is associated with a specific project, good, or service that was not completed in the 2019 fiscal year. This ordinance will formally appropriate these funds.

A complete list of the open purchase orders for all funds as of December 31, 2019 is attached.

General Fund A few noted items in the General Fund are city-wide organization development, revitalization incentive grants, funding towards council goals, transportation design standards, upgrade and/or replacement of telephone system, Trackit 9 system upgrade, and continued replacement of street light poles by Xcel energy.

Open Space Fund The Open Space Fund includes two park improvements related to grants awarded in 2019 which will not be completed until 2020.

City of Littleton Page 1 of 2 Printed on 2/28/2020 powered by Legistar™ File #: Ordinance 09-2020, Version: 1

Impact Fees Fund The largest project approved in the 2019 budget to be carried into 2020 is $1.6 million that was approved from facility impact fees for improvements to the Littleton Center. This project is currently in process.

Capital Projects Fund The Capital Projects Fund includes projects such as building improvements, police records management system, E-911 radio encryption software, street maintenance/improvements, Rio Grande Bridge improvements, Bowles and Federal intersection (TABOR funds), and the Santa Fe PEL.

Council Goal, Objective, and/or Guiding Principle An amendment to the 2020 budget is directly related to Goal 1 Envision Littleton and Goal 2 Financial Sustainability by providing the mechanism to fund services provide by the city. It also fully supports all guiding principles.

Fiscal Impacts A supplemental budget appropriation is requested in the amount of $6,936,178 for the 2020 annual appropriation. At the end of 2019, funds encumbered for these open purchase orders will be earmarked as part of fund balance.

The following funds will be amended:

General Fund $ 1,527,486 Conservation Trust Fund $ 95,600 Grants Fund $ 114,750 Open Space Fund $ 1,098,030 Impact Fees Fund $ 1,600,000 Capital Projects Fund $ 2,500,312 Total $ 6,936,178

Alternatives Option 1: Approve amending the 2020 annual appropriation bill to align the expenditures with the budget. Option 2: Do not approve the amendment, which is not in line with sound financial practices.

STAFF RECOMMENDATION: Staff recommends approval of the amendment to the 2020 annual appropriation bill and setting a public hearing for March 17, 2020.

PROPOSED MOTION: I move to approve the ordinance on first reading amending the 2020 annual appropriation bill and to set the second reading and public hearing for March 17, 2020.

City of Littleton Page 2 of 2 Printed on 2/28/2020 powered by Legistar™ 1 CITY OF LITTLETON, COLORADO 2 3 ORDINANCE NO. 9 4 5 Series, 2020 6 7 AN ORDINANCE OF THE CITY OF LITTLETON, 8 COLORADO, AMENDING ORDINANCE NO. 25 SERIES OF 9 2019 KNOWN AS THE “ANNUAL APPROPRIATION BILL” 10 FOR ALL MUNICIPAL PURPOSES OF THE CITY OF 11 LITTLETON, COUNTIES OF ARAPAHOE, JEFFERSON 12 AND DOUGLAS, STATE OF COLORADO, FOR THE 13 FISCAL YEAR BEGINNING JANUARY 1, 2020 AND 14 ENDING DECEMBER 31, 2020 15 16 WHEREAS, Ordinance No. 25, Series of 2019 established the annual 17 appropriation for municipal purposes for the City of Littleton, Colorado; and 18 19 WHEREAS, appropriations have theretofore been made for the expenditures of 20 monies pursuant to said budget; and 21 22 WHEREAS, the necessity of receiving and expending additional monies from the 23 various funds could not have been reasonably anticipated during the time of adoption of the budget 24 and appropriation of funds in accordance therewith. 25 26 27 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF 28 THE CITY OF LITTLETON, COLORADO, THAT: 29 30 Section 1: The budget of the City of Littleton for the fiscal year beginning 31 January 1, 2020, and ending December 31, 2020, is hereby amended by additions to the following 32 fund: 33 34 FUND EXPENDITURE 35 General $ 1,527,486 36 Conservation Trust Fund $ 95,600 37 Grants $ 114,750 38 Open Space $ 1,098,030 39 Impact Fees $ 1,600,000 40 Capital Projects $ 2,500,312 41 Total $ 6,936,178 42 43 44 Section 2: The provisions of the annual appropriations Ordinance No. 25, 45 Series of 2019, are hereby amended with the total of all fund expenditures amended to 46 $76,297,903. 47 48 Section 3: Severability. If any part, section, subsection, sentence, clause or 49 phrase of this ordinance is for any reason held to be invalid, such invalidity shall not affect the Ordinance No. 9 Series 2020 Page 2

1 validity of the remaining sections of this ordinance. The City Council hereby declares that it would 2 have passed this ordinance, including each part, section, subsection, sentence, clause or phrase 3 hereof, irrespective of the fact that one or more parts, sections, subsections, sentences, clauses or 4 phrases may be declared invalid. 5 6 Section 4: Repealer. All ordinances or resolutions, or parts thereof, in conflict 7 with this ordinance are hereby repealed, provided that this repealer shall not repeal the repealer 8 clauses of such ordinance nor revive any ordinance thereby. 9 10 11 INTRODUCED AS A BILL at a regularly scheduled meeting of the City Council

12 of the City of Littleton on the 3rd day of March 2020, passed on first reading by a vote of ___

13 FOR and ___ AGAINST; and ordered published by posting at Littleton Center, Bemis Library,

14 the Municipal Courthouse and on the City of Littleton Website.

15 PUBLIC HEARING on the Ordinance to take place on the 17th day of March, 2020,

16 in the Council Chambers, Littleton Center, 2255 West Berry Avenue, Littleton, Colorado, at the

17 hour of 6:30 p.m., or as soon thereafter as it may be heard.

19 PASSED on second and final reading, following public hearing, by a vote of FOR

20 and _____ AGAINST on the 17th day of March, 2020 and ordered published by posting at Littleton

21 Center, Bemis Library, the Municipal Courthouse and on the City of Littleton Website.

22 ATTEST:

23 ______24 Colleen L. Norton Jerry Valdes 25 INTERIM CITY CLERK MAYOR 26 27 APPROVED AS TO FORM: 28 29 ______30 Reid Betzing 31 CITY ATTORNEY CITY OF LITTLETON OPEN PO'S AT 12/31/2019

PO # VENDOR PROJECT ACCOUNT # AMOUNT 66144 BARNHART COMMUNICATIONS RESEARCH AND BRANDING FOR VISIT LITTLETON TOURISM PROGRAM 01-110-7430 $ 36,500.00 66101 CLEARWATER DIRECT MARKETING SOLUTIONS AUTO OPEN FOLDING UMBRELLAS 01-110-7500 2,856.00 JE NATIONAL RESEARCH CENTER 2020 BUSINESS AND RESIDENT SURVEY 01-110-7500 41,050.00 66027 SLATE COMMUNICATIONS EXPANSION OF BRAND GUIDE AND VISON, MISSION, VALUES MATERIALS 01-130-7430 18,125.00 JE KENDIG KEAST COLLABORATIVE WINTER & CO PORTION OF 2020 CONTRACT 01-130-7430 62,150.00 JE VARIOUS OPEN GOV, SHREDDING, GEN CONSULTING 01-130-7430 19,000.00 66106 ECONOMIC & PLANNING SYSTEMS, INC FISCAL IMPACT TOOL 01-140-7430 16,106.40 65999 ARMSTRONG CAPITAL DEVELOPMENT LLC REVITALIZATION INCENTIVE GRANT 01-140-7461 1,122.75 66002 MURIB, KHALED REVITALIZATION INCENTIVE GRANT 01-140-7461 3,000.00 66003 MILE HIGH MEMORIALS REVITALIZATION INCENTIVE GRANT 01-140-7461 1,825.50 66115 KIMBERLY FREDERICK 5524 S PRINCE ST 01-140-7461 10,796.00 66116 ARMSTRONG CAPITAL DEVELOPMENT LLC THE BELLEVIEW CONNECTION 01-140-7461 89,204.00 JE STRATEGIC INSIGHTS PLANIT SOFTWARE 01-150-7360 1,087.50 66145 GARTNER INC CIO SUBSCRIPTION SERVICES 01-160-7285 8,668.91 JE UNKNOWN HEADSETS 01-160-7350 9,418.00 66145 GARTNER INC CIO SUBSCRIPTION SERVICES 01-160-7450 13,291.94 66092 CARAHSOFT TECHNOLOGY CORPORATION LINKEDIN LEARNING PRO 01-174-7360 17,325.00 66117 J J KELLER & ASSOCIATES INC FMLA ONLINE LICENSE RENEWAL 01-174-7360 2,474.00 66120 GOVERNMENT JOBS.COM INSIGHT ENTERPRISE, GOVTJOBS.COM, ONBOARD, BACKGROUND CHECK INTEGRATION 01-174-7360 19,022.21 66118 ZENITH PERFORMANCE SOLUTIONS ORGANIZATIONAL DEVELOPMENT 01-174-7430 119,670.00 66119 CONSILIUMTEK PROFESSIONALS INC BREAKING THE BIAS TRAINING 01-174-7434 19,700.00 66127 STANTEC ARCHITECTURE INC 2019 BELLEVIEW SERVICE CENTER SPACE NEEDS ASSESSMENT 01-177-7430 7,771.80 JE TYLER TECHNOLOGIES BRAZOS E-CITATION SOFTWARE MAINTENANCE 01-201-7360 16,808.99 66076 VOIANCE LANGUAGE SERVCIES LLC MONTHLY LANGUAGE LINE SERVICES FOR POLICE PATROL AND POLICE INVESTIGATIONS 01-201-7430 2,400.00 66105 RAMSER, NISSE 2019 EDUCATIONAL BENEFITS 01-203-6130 750.00 JE MARK KYLE GILLITZER 2019 EDUCATIONAL BENEFITS 01-301-6130 3,000.00 JE STRATEGIC INSIGHTS PLANIT SOFTWARE 01-301-7360 1,087.50 65967 WESTERN STATES LAND SERVICES, INC RIGHT OF WAY ACQUISITION 01-301-7430 6,540.15 66007 PINNACLE CONSULTING GROUP INC 2019 SPECIAL DISTRICT PROFESSIONAL SERVICES 01-301-7430 11,253.75 66089 MAGLIN CORPORATION TWO 500 SERIES - 510 BACKED BENCH 01-303-7300 3,990.00 66013 CARTEGRAPH SYSTEMS INC 2018 ENTERPRISE ASSET MANAGEMENT SYSTEM SOFTWARE ACQUISITION 01-303-7430 17,926.09 JE ECONOLITE PREPAID - TRAFFIC SIGNAL CABINET 01-304-7240 8,926.00 65903 FELSBURG HOLT & ULLEVIG, INC 2017 TRANSPORTATION DESIGN AND CONSTRUCTION STANDARDS 01-304-7430 107,984.66 66046 HDR ENGINEERING INC TRANSPORTATION MASTER PLAN 01-304-7430 10,321.03 66087 FELSBURG HOLT & ULLEVIG, INC 2019 ENGINEERING SVCS FOR TRAFFIC WARRANTY STUDY FOR MINERAL AVE AT PENINSULA DR 01-304-7430 2,283.05 66122 VANTAGE POINT SOLUTIONS INC ASBESTOS SURVEYS 01-320-7430 10,497.50 66123 PINNACLE CONSULTING GROUP INC METRO/SPECIAL DISTRICT CONSULTING 01-320-7430 14,121.25 66124 KENDIG KEAST COLLABORATIVE ENVISION LITTLETON 01-320-7430 1,897.62 JE KENDIG KEAST COLLABORATIVE COMP PLAN (FINAL INVOICE) 01-320-7430 9,165.23 JE KENDIG KEAST COLLABORATIVE 2020 ARC GIS Model 01-320-7430 21,920.00 JE KENDIG KEAST COLLABORATIVE 2020 ULUC 01-320-7430 135,000.00 66098 SUPERION, LLC TRAKIT9 PROJECT 01-321-7360 35,259.88 JE SUPERION, LLC TRAKIT9 PROJECT 01-321-7360 49,221.00 66129 INGRAM LIBRARY SERVICES COLLECTION MATERIALS ORDERED IN OCT, NOV, DEC 01-520-7281 27,999.84 66129 INGRAM LIBRARY SERVICES PREPROCESSING FEES 01-520-7300 5,000.16 66107 DAVID J COLE & ASSOCIATES ARTS AND CULTURE COMMISSION CONSULTING 01-523-7461 9,999.99 66130 LEWAN & ASSOCIATES INC VERSALINK MODEL C8000 LARGE FORMAT PRINTER 01-560-7115 2,400.00 66130 LEWAN & ASSOCIATES INC VERSALINK MODEL C8000 LARGE FORMAT PRINTER 01-560-7220 3,000.00 66107 DAVID J COLE & ASSOCIATES ARTS AND CULTURE COMMISSION CONSULTING 01-560-7450 3,000.01 66108 MID-AMERICA ARTS ALLIANCE VIBRANT BOUNTY: CHINESE FOLK ART TRAVELING EXHIBIT 01-563-7450 3,000.00

1 CITY OF LITTLETON OPEN PO'S AT 12/31/2019

PO # VENDOR PROJECT ACCOUNT # AMOUNT 66096 DEERE & COMPANY JOHN DEERE MX6 LIFT-TYPE ROTARY CUTTER 01-564-7115 2,697.24 66104 SPACE GALLERY, LLC JEFF GLODE WISE SCULPTURE 01-565-7461 5,000.00 65943 MGT OF AMERICA CONSULTING, LLC 2019 USER FEE STUDY EXPANSION 01-600-7430 8,288.00 66045 MGT OF AMERICA CONSULTING LLC 2019 USER FEE STUDY EXPANSION 01-600-7430 20,480.33 JE MGT OF AMERICA CONSULTING LLC 2019 USER FEE STUDY EXPANSION 01-600-7430 15,000.00 JE No Vendor COMMUNICATION MANAGER, ENSA AND APS 01-600-7470 132,260.00 66140 HIGH POINT NETWORK BGP IMPLEMENTATION 01-600-7470 13,452.00 66101 CLEARWATER DIRECT MARKETING SOLUTIONS POSTAGE & FREIGHT 01-600-7480 389.00 66143 XCEL ENERGY REPLACEMENT OF STREET LIGHT POLES 01-600-7530 285,000.00 $ 1,527,485.28 GENERAL FUND

66138 TRANE COMPANY TURNKEY BEMIS LIBRARY CLOUD FORREST ROOM RTU ADDITION 14-400-7820 $ 79,000.00 66146 COLORADO MECHANICAL SERVICES BEMIS LIBRARY BOILER REMAINING INVOICES 14-400-7820 16,599.30 $ 95,599.30 CONSERVATION TRUST

JE No Vendor SHEPPERD AVE CDBG 16-300-7890 $ 114,750.00 $ 114,750.00 GRANTS

66141 SOUTH SUBURBAN PARKS AND RECREATION HARLOW PARK 19-411-7835 $ 750,000.00 66142 LITTLETON PUBLIC SCHOOOLS OPTIONS PLAYGROUND AT WHITMAN 19-411-7835 348,030.00 $ 1,098,030.00 OPEN SPACE

JE No Vendor LITTLETON CENTER RENOVATIONS 24-171-7820 $ 1,600,000.00 $ 1,600,000.00 IMPACT FEES

66134 INSIGHT PUBLIC SECTOR, INC SQLSVRSTDCORE 2019 LICENSES 34-160-7840 $ 75,223.68 66136 MEDIA SALAD, INC SHAREPOINT SUPPORT 34-160-7840 30,000.00 66080 CP&Y, INC 2019 PUBLIC ROW COST ESTIMATE, TRANSITION PLAN AND SELF-EVALUATION PHASE 3 34-171-7430 12,169.25 66100 BEVERLY HILLS GLASS, INC LITTLETON CENTER WINDOW SEAL PROJECT 34-177-7580 23,880.00 66100 BEVERLY HILLS GLASS, INC LITTLETON CENTER WINDOW SEAL PROJECT 34-177-7820 40,000.00 66102 CONSERVE-A-WATT LPD/LC PARKING LOT LIGHTING PROJECT 34-177-7820 8,400.00 66111 SKYLINE LIGHTING & ELECTRIC LLC 2019 LIGHTING PROJECT (PD & COURTHOUSE) 34-177-7820 80,168.00 66127 STANTEC ARCHITECTURE INC 2019 BELLEVIEW SERVICE CENTER SPACE NEEDS ASSESSMENT 34-177-7820 55,000.20 JE VARIOUS POLICE RMS OT (RECORDS MANAGEMENT SYSTEM) 34-201-6020 30,000.00 66097 LIGHTING, ACCESSORY & WARNING SYSTEMS LCC VEHICLE MODIFICATION FOR STORAGE OF PATROL GEAR 34-201-7115 9,996.05 66090 BEAR COMMUNICATION INC 911 AOF SPECIAL PROJECT 34-201-7840 28,640.00 66125 MOTOROLA SOLUTIONS, INC 911 AOF RADIO ENCRYPTION SOFTWARE PROJECT FLASH KITS 34-201-7840 16,778.35 JE MOTOROLA SOLUTIONS, INC 50% PREPAID - 50% REMAIN 911 AOF RADIO ENCRYPTION 34-201-7840 217,738.00 66114 TRITECH SOFTWARE SYSTEMS RMS UPGRADE PROJECT 34-201-7842 229,241.63 JE VARIOUS POLICE RMS (RECORDS MANAGEMENT SYSTEM) 34-201-7842 43,214.00 66015 ALFRED BENESCH & COMPANY 2018 TRAFFIC SIGNAL POLE INSPECTION SERVICES 34-302-7430 3,109.19 66032 MCIMETRO ACCESS TRANSMISSION SERVICES CORP TRAFFIC SIGNAL INSPECTIONS 34-302-7891 57,374.05

66085 EST INC 2019 INTERSECTION ENGINEERING STUDY FOR BRDWY/LTN BLVD AND BRDWY/MIN AVE 34-302-7891 1,840.00 66110 APEX DESIGN PC 2018 FIBER MASTER PLAN AMENDMENT NO. 2 34-302-7891 13,000.00 65930 FELSBURG HOLT & ULLEVIG, INC FEDERAL BLVD AND BOWLES AVE ALTERNATIVES ANALYSIS 34-302-7893 54.13 JE No Vendor FEDERAL & BOWLES INTERSECTION (TABOR) 34-302-7893 383,160.00 66091 BOHANNAN HUSTON INC 2019 RIO GRANDE BRIDGE REPLACEMENT DESIGN 34-302-7895 180,197.75 JE No Vendor RIO GRANDE BRIDGE REPLACEMENT 34-302-7895 137,632.40

2 CITY OF LITTLETON OPEN PO'S AT 12/31/2019

PO # VENDOR PROJECT ACCOUNT # AMOUNT 66061 ALFRED BENESCH & COMPANY 2019 PAVEMENT MANAGEMENT CONSULTING SERVICES 34-302-7896 21,763.33 66065 VANCE BROTHERS INC 2019 SURFACE SEALING PROJECT - CITY PROJECT NO 19-02 34-302-7896 65,703.30 66066 SILVA CONSTRUCTION INC 2019 MISCELLANEOUS CONCRETE PROJECT - CITY PROJECT NO 19-05 34-302-7896 4,999.50 66083 ALFRED BENESCH & COMPANY 2020 PAVEMENT MANAGEMENT DESIGN SERVICES 34-302-7896 216,624.98 66131 LITTLETON CROSSING APARTMENTS, LP 2019 REIMBURSEMENT FOR LITTLETON CROSSING APARTMENTS TO DEVELOPER 34-302-7896 45,000.00 66133 CITY OF CENTENNIAL 2019 EAST ORCHARD ROAD STREET REHAB PROJECT 34-302-7896 118,196.05 JE No Vendor SHEPPERD AVE CDBG 34-302-7896 115,000.00 JE No Vendor SANTA FE PEL 34-302-7897 200,000.00 66098 SUPERION, LLC TRAKIT9 PROJECT 34-321-7860 36,207.87 $ 2,500,311.71 CAPITAL PROJECTS

66013 CARTEGRAPH SYSTEMS INC 2018 ENTERPRISE ASSET MANAGEMENT SYSTEM SOFTWARE ACQUISITION 41-311-7430 $ 1,303.84 66067 RJN GROUP, INC 2019 WASTEWATER COLLECTION SYSTEM CAPACITY ANALYSIS 41-311-7430 15,426.60 66109 ADLER CONSULTING LLC 2019 LITTLETON WASTEWATER ASSET MANAGEMENT 41-311-7430 15,000.00 66128 HDR ENGINEERING INC 2019 INSPECTION DATA INTEGRATION OF CONTRACTOR DATA FOR SANITARY AND STORM SEWER 41-311-7430 20,000.00 JE CARTEGRAPH SYSTEMS INC PREPAID - 2018 ENTERPRISE ASSET MGMT SYSTEM 41-311-7430 34,946.91 65942 ACE PIPE CLEANING, INC 2018 CCTV INSPECTION OF SANITARY AND STORM SEWER SYSTEMS FOR ASSET MANAGEMENT 41-311-7585 66,837.39 66013 CARTEGRAPH SYSTEMS INC 2018 ENTERPRISE ASSET MANAGEMENT SYSTEM SOFTWARE ACQUISITION 41-311-7840 8,446.72 66098 SUPERION, LLC TRAKIT9 PROJECT 41-311-7840 3,851.10 66099 STONE MOTORS, INC E450 CAB AND CHASSIS 41-311-7850 44,782.00 $ 210,594.56 SEWER UTILITY ENTERPRISE

66063 MARTINEZ ASSOCIATES LLC 2019 STORM DRAINAGE PROJECT 19-0039 42-313-7430 $ 3,659.73 66128 HDR ENGINEERING INC 2019 INSPECTION DATA INTEGRATION OF CONTRACTOR DATA FOR SANITARY AND STORM SEWER 42-313-7430 5,000.00 65942 ACE PIPE CLEANING, INC 2018 CCTV INSPECTION OF SANITARY AND STORM SEWER SYSTEMS FOR ASSET MANAGEMENT 42-313-7890 3,618.38 66088 DIAZ CONSTRUCTION 2019 STORM DRAINAGE PROJECT 19-15 42-313-7890 107,200.00 JE JHL CONSTRUCTORS, INC RIDGE ROAD STORM DRAINAGE 42-313-7890 221,976.16 $ 341,454.27 STORM ENTERPRISE

TOTAL 2019 ENCUMBRANCES ALL FUNDS $7,488,225.12

3 Littleton Center City of Littleton 2255 West Berry Avenue Littleton, CO 80120 7(b) Staff Communication

File #: Ordinance 10-2020, Version: 1

Agenda Date: 03/03/2020

Subject: Ordinance 10-2020: An ordinance on first reading amending the 2020 Littleton Sewer Utility Enterprise budget

Prepared by: Tiffany Hooten, Finance Department

POLICY QUESTION: Does city council support an amendment to the 2020 Littleton Sewer Utility Enterprise budget?

PRESENTATIONS: Staff Presenter(s): Stacey Covington, Budget Analyst and Tiffany Hooten, Finance Director Additional Presenter(s): N/A

PRIOR ACTIONS OR DISCUSSIONS: The list of encumbrances was reviewed at study session held on February 18, 2020.

ANALYSIS: Staff Analysis There are nine open purchase orders from the 2019 Littleton Sewer Utility Enterprise budget that need to be carried over to the 2020 budget. Each purchase order is associated with a specific project, good, or service that was not completed in the 2019 fiscal year. This ordinance will formally appropriate these funds.

A complete list of the open purchase orders for all funds as of December 31, 2019 is attached.

Council Goal, Objective, and/or Guiding Principle An amendment to the 2020 budget is directly related to Goal 1 Envision Littleton and Goal 2 Financial Sustainability by providing the mechanism to fund services provided by the city. It also fully supports all guiding principles.

Fiscal Impacts A supplemental budget appropriation is requested in the amount of $210,595 for sewer projects including CCTV inspections and the asset management system. There is adequate fund balance in the 2020 budget for this supplemental appropriation based on current estimates.

Alternatives

City of Littleton Page 1 of 2 Printed on 2/27/2020 powered by Legistar™ File #: Ordinance 10-2020, Version: 1

Option 1: Approve the amendment to the 2020 Littleton Sewer Utility Enterprise budget to align the expenditures with the budget. Option 2: Do not approve the amendment, which is not in line with sound financial practices.

STAFF RECOMMENDATION: Staff recommends approval of the amendment to the 2020 Littleton Sewer Utility Enterprise budget and setting a public hearing for March 18, 2020.

PROPOSED MOTION: I move to approve the ordinance on first reading amending the 2020 Littleton Sewer Utility Enterprise budget and to set the second reading and public hearing for March 17, 2020.

City of Littleton Page 2 of 2 Printed on 2/27/2020 powered by Legistar™ 1 CITY OF LITTLETON, COLORADO 2 3 ORDINANCE NO. 10 4 5 Series, 2020 6 7 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF 8 LITTLETON, COLORADO, AS THE GOVERNING BODY OF THE 9 CITY OF LITTLETON, COLORADO SEWER UTILITY 10 ENTERPRISE, AMENDING THE 2020 BUDGET 11 12 13 WHEREAS, the city council established the City of Littleton, Colorado, Sewer 14 Utility Enterprise (the “Enterprise”) by Ordinance No. 6, Series of 2004; and 15 16 WHEREAS, the city council, as the governing board of the Enterprise, has the 17 authority under said ordinance to establish the budget for the Enterprise; and 18 19 WHEREAS, Ordinance No. 27, Series of 2019 established the budgeted 20 expenditures for the City of Littleton, Colorado, Sewer Utility Enterprise; and 21 22 WHEREAS, the city council has determined it is in the best interest of all 23 ratepayers to separate the cost of treatment versus the cost to operate, maintain, and improve 24 through capital construction the systems necessary to collect and transport the discharge for 25 treatment; and 26 27 WHEREAS, the necessity of receiving and expending additional monies from the 28 Enterprise could not have been reasonably anticipated during the time of adoption of this budget 29 and appropriation of funds in accordance therewith. 30 31 32 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF 33 THE CITY OF LITTLETON, COLORADO, THAT: 34 35 Section 1: The budgeted expenditures for the City of Littleton, Colorado, Sewer 36 Utility Enterprise for the period January 1, 2020 to December 31, 2020 are hereby amended by the 37 following addition: 38 39 FUND EXPENDITURE 40 Sewer Utility Enterprise $ 210,595 41 42 Section 2: The total budgeted expenditures for the City of Littleton, Colorado, 43 Sewer Utility Enterprise for the period January 1, 2020 to December 31, 2020 shall be amended 44 to $22,064,645. 45 46 Section 3: Severability. If any part, section, subsection, sentence, clause or 47 phrase of this ordinance is for any reason held to be invalid, such invalidity shall not affect the 48 validity of the remaining sections of this ordinance. The City Council hereby declares that it would 49 have passed this ordinance, including each part, section, subsection, sentence, clause or phrase Ordinance No. 10 Series 2020 Page 2

1 hereof, irrespective of the fact that one or more parts, sections, subsections, sentences, clauses or 2 phrases may be declared invalid. 3 4 Section 4: Repealer. All ordinances or resolutions, or parts thereof, in conflict 5 with this ordinance are hereby repealed, provided that this repealer shall not repeal the repealer 6 clauses of such ordinance nor revive any ordinance thereby. 7 8 9 INTRODUCED AS A BILL at a regularly scheduled meeting of the City Council

10 of the City of Littleton on the 3rd day of March, 2020, passed on first reading by a vote of ___

11 FOR and ___ AGAINST; and ordered published by posting at Littleton Center, Bemis Library,

12 the Municipal Courthouse and on the City of Littleton Website.

13 PUBLIC HEARING on the Ordinance to take place on the 17th day of March, 2020,

14 in the Council Chamber, Littleton Center, 2255 West Berry Avenue, Littleton, Colorado, at the

15 hour of 6:30 p.m., or as soon thereafter as it may be heard.

16 PASSED on second and final reading, following public hearing, by a vote of FOR

17 and _____ AGAINST on the 17th day of March, 2020 and ordered published by posting at Littleton

18 Center, Bemis Library, the Municipal Courthouse and on the City of Littleton Website.

19 ATTEST:

20 ______21 Colleen L. Norton Jerry Valdes 22 INTERIM CITY CLERK MAYOR 23 24 APPROVED AS TO FORM: 25 26 ______27 Reid Betzing 28 CITY ATTORNEY 29 30 CITY OF LITTLETON OPEN PO'S AT 12/31/2019

1 CITY OF LITTLETON OPEN PO'S AT 12/31/2019

JE No Vendor SHEPPERD AVE CDBG 16-300-7890 $ 114,750.00 $ 114,750.00 GRANTS

66141 SOUTH SUBURBAN PARKS AND RECREATION HARLOW PARK 19-411-7835 $ 750,000.00 66142 LITTLETON PUBLIC SCHOOOLS OPTIONS PLAYGROUND AT WHITMAN 19-411-7835 348,030.00 $ 1,098,030.00 OPEN SPACE

JE No Vendor LITTLETON CENTER RENOVATIONS 24-171-7820 $ 1,600,000.00 $ 1,600,000.00 IMPACT FEES

2 CITY OF LITTLETON OPEN PO'S AT 12/31/2019

TOTAL 2019 ENCUMBRANCES ALL FUNDS $7,488,225.12

3 Littleton Center City of Littleton 2255 West Berry Avenue Littleton, CO 80120 7(c) Staff Communication

File #: Ordinance 11-2020, Version: 1

Agenda Date: 03/03/2020

Subject: Ordinance 11-2020: An ordinance on first reading amending the 2020 Littleton Stormwater and Flood Management Utility Enterprise budget

Prepared By: Tiffany Hooten, Finance Department

POLICY QUESTION: Does city council support an amendment to the 2020 Littleton Stormwater and Flood Management Utility Enterprise budget?

PRESENTATIONS: Staff Presenter(s): Stacey Covington, Budget Analyst and Tiffany Hooten, Finance Director Additional Presenter(s): N/A

SUMMARY: During the year, departments issue purchase orders for projects, goods, or services to encumber funds for these projects. There are several projects and/or services that may not be completed in the fiscal year in which the project was budgeted, or goods may not have been received by December 31 of the budget year leaving an open purchase order amount at the end of the year. Staff believes it to be of sound financial practice to re-appropriate open purchase orders at the end of each year in the following budget year.

PRIOR ACTIONS OR DISCUSSIONS: The list of encumbrances was reviewed at study session held on February 18, 2020.

ANALYSIS: Staff Analysis There are five open purchase orders from the 2019 Littleton Stormwater and Flood Management Utility Enterprise budget that need to be carried over to the 2020 budget. Each purchase order is associated with a specific project, good, or service that was not completed in the 2019 fiscal year. This ordinance will formally appropriate these funds.

A complete list of the open purchase orders for all funds as of December 31, 2019 is attached.

Fiscal Impacts A supplemental budget appropriation is requested in the amount of $341,455 for stormwater repairs. There is adequate fund balance in the 2020 budget for this supplemental appropriation based on current estimates.

City of Littleton Page 1 of 2 Printed on 2/27/2020 powered by Legistar™ File #: Ordinance 11-2020, Version: 1

Alternatives Option 1: Approve amending the 2020 Littleton Stormwater and Flood Management Utility Enterprise budget to align the expenditures with the budget. Option 2: Do not approve the amendment, which is not in line with sound financial practices.

STAFF RECOMMENDATION: Staff recommends approval of the amendment to the 2020 Littleton Stormwater and Flood Management Utility Enterprise budget and setting a public hearing for March 18, 2020.

PROPOSED MOTION: I move to approve the ordinance on first reading amending the 2020 Littleton Stormwater and Flood Management Utility Enterprise budget and to set the second reading and public hearing for March 17, 2020.

City of Littleton Page 2 of 2 Printed on 2/27/2020 powered by Legistar™ 1 CITY OF LITTLETON, COLORADO 2 3 ORDINANCE NO. 11 4 5 Series, 2020 6 7 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF 8 LITTLETON, COLORADO, AS THE GOVERNING BODY OF THE 9 CITY OF LITTLETON STORMWATER AND FLOOD 10 MANAGEMENT UTILITY ENTERPRISE, AMENDING THE 2020 11 BUDGET 12 13 14 WHEREAS, the city council established the City of Littleton Stormwater and 15 Flood Management Utility Enterprise (the “Enterprise”) by Ordinance No. 33, Series of 2013; and 16 WHEREAS, the city council, as the governing board of the Enterprise, has the 17 authority under said ordinance to establish the budget for the Enterprise; and 18 19 WHEREAS, Ordinance No. 28, Series of 2019 established the budgeted 20 expenditures for the City of Littleton Stormwater and Flood Management Utility Enterprise; and 21 22 WHEREAS, the necessity of receiving and expending additional monies from the 23 Enterprise could not have been reasonably anticipated during the time of adoption of this budget 24 and appropriation of funds in accordance therewith. 25 26 27 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF 28 THE CITY OF LITTLETON, COLORADO, THAT: 29 30 Section 1: The budgeted expenditures for the City of Littleton Stormwater and 31 Flood Management Utility Enterprise for the period January 1, 2020 to December 31, 2020 are 32 hereby amended by the following addition: 33 34 FUND EXPENDITURE 35 Stormwater and Flood Management Utility $ 341,455 36 Enterprise 37 38 Section 2: The total budgeted expenditures for the City of Littleton Stormwater 39 and Flood Management Utility Enterprise for the period January 1, 2020 to December 31, 2020 40 shall be amended to $1,575,205. 41 42 Section 3: Severability. If any part, section, subsection, sentence, clause or 43 phrase of this ordinance is for any reason held to be invalid, such invalidity shall not affect the 44 validity of the remaining sections of this ordinance. The City Council hereby declares that it would 45 have passed this ordinance, including each part, section, subsection, sentence, clause or phrase 46 hereof, irrespective of the fact that one or more parts, sections, subsections, sentences, clauses or 47 phrases may be declared invalid. 48 49 Section 4: Repealer. All ordinances or resolutions, or parts thereof, in conflict Ordinance No. 11 Series 2020 Page 2

1 with this ordinance are hereby repealed, provided that this repealer shall not repeal the repealer 2 clauses of such ordinance nor revive any ordinance thereby. 3 4 5 INTRODUCED AS A BILL at a regularly scheduled meeting of the City Council

6 of the City of Littleton on the 3rd day of March, 2020, passed on first reading by a vote of ___

7 FOR and ___ AGAINST; and ordered published by posting at Littleton Center, Bemis Library,

8 the Municipal Courthouse and on the City of Littleton Website.

9 PUBLIC HEARING on the Ordinance to take place on the 17th day of March, 2020,

10 in the Council Chamber, Littleton Center, 2255 West Berry Avenue, Littleton, Colorado, at the

11 hour of 6:30 p.m., or as soon thereafter as it may be heard.

12 PASSED on second and final reading, following public hearing, by a vote of FOR

13 and _____ AGAINST on the 17th day of March, 2020 and ordered published by posting at Littleton

14 Center, Bemis Library, the Municipal Courthouse and on the City of Littleton Website.

15 ATTEST:

16 ______17 Colleen L. Norton Jerry Valdes 18 INTERIM CITY CLERK MAYOR 19 20 APPROVED AS TO FORM: 21 22 ______23 Reid Betzing 24 CITY ATTORNEY 25 26 CITY OF LITTLETON OPEN PO'S AT 12/31/2019

1 CITY OF LITTLETON OPEN PO'S AT 12/31/2019

JE No Vendor SHEPPERD AVE CDBG 16-300-7890 $ 114,750.00 $ 114,750.00 GRANTS

66141 SOUTH SUBURBAN PARKS AND RECREATION HARLOW PARK 19-411-7835 $ 750,000.00 66142 LITTLETON PUBLIC SCHOOOLS OPTIONS PLAYGROUND AT WHITMAN 19-411-7835 348,030.00 $ 1,098,030.00 OPEN SPACE

JE No Vendor LITTLETON CENTER RENOVATIONS 24-171-7820 $ 1,600,000.00 $ 1,600,000.00 IMPACT FEES

2 CITY OF LITTLETON OPEN PO'S AT 12/31/2019

TOTAL 2019 ENCUMBRANCES ALL FUNDS $7,488,225.12

3 Littleton Center City of Littleton 2255 West Berry Avenue Littleton, CO 80120 7(d) Staff Communication

File #: Ordinance 12-2020, Version: 1

Agenda Date: 03/03/2020

Subject: Ordinance 12-2020: An ordinance on first reading amending multiple sections of Title 6 of the Littleton Municipal Code, pertaining to police regulations

Prepared by: Reid Betzing, City Attorney and Ashley Augustin, Senior Assistant City Attorney

PURPOSE: Staff wishes to update the Littleton municipal codes related to police regulations.

PRESENTATIONS: Staff Presenter(s): Reid Betzing, City Attorney and Ashley Augustin, Senior Assistant City Attorney Additional Presenter(s): N/A

SUMMARY: Within the Littleton municipal codes there are several areas that need to be updated. These updates range from simple clean up, to amending sections to more closely align with changes in state law, to adding new ordinances to help address issues that are currently not prosecutable in the City’s municipal court.

PRIOR ACTIONS OR DISCUSSIONS: Presented and discussed at a Study Session on February 18, 2020.

ANALYSIS: Staff Analysis Staff has researched legal updates in state law, as well as sought input from the Police Department, Municipal Court, and other impacted staff related to the criminal code.

Council Goal, Objective, and/or Guiding Principle One of Council’s Goals in 2019 was to bring the municipal code up to date on current state law provisions.

Fiscal Impacts No negative fiscal impacts for the city.

Alternatives An alternative to adopting the proposed changes would be to leave the affected sections of the code in their current state. The risk in doing so means that many sections of the criminal code would not align with current state law and therefore may be held unconstitutional and unenforceable.

STAFF RECOMMENDATION: Staff recommends approval of the ordinance on first reading amending multiple sections of Title 6 of the Littleton Municipal Code,

City of Littleton Page 1 of 2 Printed on 2/27/2020 powered by Legistar™ File #: Ordinance 12-2020, Version: 1 pertaining to police regulations.

PROPOSED MOTION: I move to approve the ordinance on first reading amending multiple sections of Title 6 of the Littleton Municipal Code, pertaining to police regulations, and to set the second reading and public hearing for March 17, 2020

City of Littleton Page 2 of 2 Printed on 2/27/2020 powered by Legistar™ 1 CITY OF LITTLETON, COLORADO 2 3 ORDINANCE NO. 12 4 5 Series, 2020 6 7 8 9 AN ORDINANCE OF THE CITY OF LITTLETON, 10 COLORADO, AMENDING MULTIPLE SECTIONS OF 11 LITTLETON MUNICIPAL CODE, TITLE 6, PERTAINING 12 TO POLICE REGULATIONS 13 14 WHEREAS, the City Council of the City of Littleton desires to update the Littleton 15 Municipal Code to reflect the current Colorado Revised Statutes; and 16 17 WHEREAS, the revisions align with state law, clean up language in the code, 18 clarify process and terms, and allow charging into municipal court. 19 20 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF 21 THE CITY OF LITTLETON, COLORADO, THAT: 22 23 Section 1: Title 6 of the Littleton City Code is hereby amended as follows: 24 25 6-1-5-3: DAMAGE TO PROPERTY OR HABITAT UNDER CITY OR PARKS 26 DISTRICT: 27 28 (A) It is unlawful for any person to remove, damage, deface, or destroy or to use any 29 instrument, fireworks, drone or model aircraft to remove, damage, deface or destroy any 30 real or personal property or wildlife habitat under the control of the City, Parks District 31 managing property within the City or Urban Flood Control and Drainage District. Any 32 person who violates this subsection (A) is guilty of a misdemeanor and, upon conviction 33 thereof, shall be punished by a fine of not less than one hundred dollars ($100.00) nor 34 more than one thousand dollars ($1,000.00), or by imprisonment in the County Jail for 35 not more than one year THREE HUNDRED SIXTY-FOUR (364) DAYS, or by both 36 such fine and imprisonment. In addition, the court may require the defendant to 37 reimburse the City, the Parks District managing property within the City or the Urban 38 Drainage and Flood Control District for any damages. 39

40 6-1-10: DEFINITIONS: 41 42 As used in this chapter, the following words and phrases shall have the following meanings 43 unless the context otherwise indicates: 44 45 AT LARGE: An animal that is off the premises of the owner, as "owner" is defined in this 46 section, and is not under the actual physical control of such owner. 47 48 HARASS: To unlawfully endanger, impede, annoy, pursue, disturb, molest or torment wildlife. Ordinance No. 12 Series, 2020 Page 2

1 2 HAZING: A method that employs immediate use of deterrents to move an animal out of an area 3 or discourage an undesirable behavior or activity. Hazing techniques include, but are not limited 4 to, loud noises, spraying water, bright lights, throwing non-edible objects, shouting. Hazing can 5 help maintain wildlife's fear of humans and deter them from neighborhood spaces such as 6 backyards and play spaces. Hazing does not do damage to animals, humans or property. 7 8 HUMANE TRAPS: Box-type live traps which do not cause bodily harm to the animal intended 9 to be captured or any other animal or person coming in contact with such trap. 10 11 MUZZLE: A device which is constructed of strong, soft material or metal such as that used 12 commercially with greyhounds which prevents a dog from biting any person or animal. Said 13 muzzle shall be made and attached in a manner which will not cause injury to the dog or interfere 14 with its vision or respiration. 15 16 OWNER: Any person owning, keeping, harboring, or having the full or temporary care of an 17 animal at the time any violation of this chapter is committed. 18 19 PERSON: Any person regardless of age and specifically including minors under the age of 20 eighteen (18) years. 21 22 WILDLIFE: Wild vertebrates, mollusks and crustaceans whether alive or dead, including any 23 part, product, egg or offspring thereof that exist as a species in a natural wild state in their place 24 of origin or historically. Wildlife does not include:

25 (A) Those species determined to be domestic animals by the Colorado Parks and Wildlife 26 Commission. 27 (B) Those species determined to be domestic animals by the Colorado Agricultural 28 Commission.

29 WILDLIFE HABITAT: An area on public property that has been designated by the public entity 30 as a habitat area for wildlife or an area on private property that is subject to a conservation 31 easement or a zoning restriction designating the area as a habitat for wildlife.

32 6-2-1: DEFINITIONS:

33 34 As used in this chapter, the following words and phrases shall have the following meanings 35 unless the context otherwise indicates: 36 37 CAT: Male, female, and neutered members of the family felis catus. 38 39 CITY CLERK: The city clerk or his or her designee. Ordinance No. 12 Series, 2020 Page 3

1 2 DOG: Male, female and neutered members of the family canis familiaris. 3 4 FEMALE CAT: Any cat of female gender upon whom no alterative surgery of the genital organs 5 has been performed. 6 7 FEMALE DOG: Any dog of female gender upon whom no alterative surgery of the genital 8 organs has been performed. 9 10 FIERCE OR VICIOUS CAT OR DOG: Any cat or dog that, without provocation, bites or 11 attacks human beings or other animals on private or public property within the city; a cat or dog 12 that, without provocation, approaches in apparent attitude of attack upon a human being or other 13 animal on private or public property within the city; or a cat or dog that runs after, leaps at, or 14 pounces upon, or bites, barks, growls, or snaps at horses, bicycles, or any other means of 15 transportation being ridden, driven, or operated at any place within the city. 16 17 KENNEL: Any place where dogs or cats are born, bred, raised, boarded, fed, or sold for any 18 valuable consideration, but shall not include a household which sells only the offspring of a 19 female dog or female cat maintained solely as a family pet.

20 MALE DOG: Any dog of the male gender upon whom no alterative surgery of the genital organs 21 has been performed.

22 MUZZLE: A DEVICE WHICH IS CONSTRUCTED OF STRONG, SOFT MATERIAL OR 23 METAL SUCH AS THAT USED COMMERCIALLY WITH GREYHOUNDS WHICH 24 PREVENTS A DOG FROM BITING ANY PERSON OR ANIMAL. SAID MUZZLE SHALL 25 BE MADE AND ATTACHED IN A MANNER WHICH WILL NOT CAUSE INJURY TO 26 THE DOG OR INTERFERE WITH ITS VISION OR RESPIRATION. 27 28 NEUTERED CAT: Any male or female cat upon which alterative surgery of the genital organs 29 has been performed. 30 31 NEUTERED DOG: Any male or female dog upon which alterative surgery of the genital organs 32 has been performed. 33 34 OWNER: Any person owning, keeping, harboring, or having the full or temporary care of a dog 35 or cat at the time any violation of this chapter is committed. 36 37 PERMIT: To allow, acquiesce in, or fail to take reasonable steps to prevent. 38 39 PERSON: Any person regardless of age and specifically including minors under the age of 40 eighteen (18) years. 41 42 PROVOCATION: Such conduct towards a dog or cat AN ANIMAL as could reasonably be Ordinance No. 12 Series, 2020 Page 4

1 expected to cause such dog or cat ANIMAL to take some retaliatory or self-protective action. 2 Provocation shall include a person's unlicensed, uninvited, or illegal presence upon or within 3 private property inhabited by or belonging to the ANIMAL’S cat's or dog's "owner", as defined 4 herein, or private property inhabited by or belonging to members of such owner's household. 5 6 RABIES: That communicable disease of wild and domestic animals transmittable to human 7 beings and defined as follows in Borland's medical dictionary: "Specific infectious disease of 8 certain animals, especially dogs and wolves, contracted by man by direct inoculation as by bite 9 by an infected animal and due to a filterable virus". 10 11 RUNNING AT LARGE: A dog that is off the premises of the owner, as "owner" is defined 12 herein, and is not under the actual physical control of such owner by adequate leash, cord, or 13 chain. 14 15 TRANSIENT: Any dog or cat whose entire period of residency within the city is and will be less 16 than forty five (45) days.

17 6-2-5: FIERCE OR VICIOUS CATS OR DOGS PROHIBITED: 18 DANGEROUS ANIMALS: 19 20 (A) It shall be unlawful for any person to have, keep or harbor a fierce or vicious cat or dog 21 within the City. Fierce or vicious cats or dogs are declared to be a public nuisance.

22 ANY ANIMAL EXHIBITING BEHAVIOR SET FORTH IN THIS SECTION IS HEREBY 23 DECLARED TO BE A DANGEROUS ANIMAL. IT SHALL BE UNLAWFUL FOR ANY 24 OWNER OR CUSTODIAN OF AN ANIMAL TO PERMIT OR ALLOW SAID ANIMAL, 25 WITHOUT INTENTIONAL PROVOCATION TO:

26 1. CAUSE BODILY INJURY OR DEATH TO ANY PERSON AT ANY PLACE WITHIN 27 THE CITY; OR

28 2. APPROACH ANY PERSON IN A MENACING OR TERRORIZING MANNER, OR IN 29 AN APPARENT ATTITUDE OF ATTACK, WHILE OFF THE OWNER’S OR 30 CUSTODIAN’S PROPERTY; OR

31 3. KILL ANOTHER ANIMAL WHILE OFF THE OWNER’S OR CUSTODIAN’S 32 PROPERTY; OR

33 4. ATTACK ANY PERSON WHO IS LAWFULLY ON THE OWNER’S OR 34 CUSTODIAN’S PROPERTY.

35 IT SHALL BE AN AFFIRMATIVE DEFENSE TO CHARGES UNDER THIS SECTION 36 IF THE VICTIM OF THE ATTACK HAS MADE AN UNLAWFUL ENTRY INTO THE 37 DWELLING OR ENCLOSED PREMISES OF THE OWNER OR CUSTODIAN, OR WAS Ordinance No. 12 Series, 2020 Page 5

1 ATTACKED OR INJURED DURING THE COMMISSION OF A CRIME AGAINST THE 2 OWNER OR CUSTODIAN.

3 IMPOUNDMENT OF ANIMALS WHOSE OWNERS OR CUSTODIANS HAVE BEEN 4 CITED FOR A VIOLATION OF THIS SECTION SHALL BE AT THE DISCRETION OF 5 THE ANIMAL CONTROL OFFICER. IF THE ANIMAL PRESENTS A CLEAR AND 6 PRESENT DANGER TO THE PUBLIC HEALTH OR SAFETY, IT SHALL BE THE 7 DUTY OF THE ANIMAL CONTROL OFFICER OR HIS AGENT TO IMPOUND SUCH 8 ANIMAL.

9 NOTHING IN THIS CHAPTER SHALL BE CONSTRUED TO PREVENT THE ANIMAL 10 CONTROL OFFICER FROM TAKING WHATEVER ACTION IS NECESSARY TO 11 PROTECT HIS OR HER PERSON OR OTHER MEMBERS OF THE PUBLIC FROM 12 INJURY OR DAMAGE, INCLUDING IMMEDIATE DESTRUCTION OF ANY 13 DANGEROUS ANIMAL WITHOUT NOTICE TO THE OWNER OR CUSTODIAN.

14 (B) Any person found guilty of violating subsection (A) of this Section shall not subsequently 15 permit the fierce or vicious DANGEROUS animal to be upon the public streets, sidewalks, 16 public parks, or any other public place within the Municipality, except when muzzled and 17 held under leash by an able-bodied person. Any such animal shall not be permitted on private 18 property except when muzzled and held under leash by an able-bodied person or when such 19 animal is securely confined indoors, or in a securely enclosed and locked pen or other 20 enclosure. Such pen or other enclosure shall be constructed with secure sides and a secure 21 top. If the pen or enclosure has no bottom secured to the sides, the sides must be imbedded 22 into the ground no less than one foot (1').

23 (C) In addition to any penalties which are provided in this Code for a violation of this Section, 24 the Municipal Judge shall have the authority, upon a conviction for a violation of this 25 Section, and upon making a finding that such dog or cat ANIMAL constitutes a clear and 26 present danger to the citizens of the City, to order that such dog or cat ANIMAL be destroyed 27 in a humane manner by the Animal Control Officer or by persons so authorized by the City 28 Manager. In the event a vicious dog or cat DANGEROUS ANIMAL cannot be taken up and 29 caught by the Animal Control Officer or any police officer without such officer being 30 exposed to danger of personal injury from such dog or cat ANIMAL, it shall be lawful for 31 such officer to forthwith destroy such dog or cat ANIMAL without notice to the owner, 32 keeper or possessor thereof. A second conviction of any person or persons for violating 33 subsection (A) of this Section with respect to the same animal shall create a rebuttable 34 presumption that such animal constitutes a clear and present danger to the citizens of the 35 City. A third conviction of any person or persons with respect to the same animal shall, in 36 addition to other penalties imposed by this Chapter, require that an order be issued by the 37 Municipal Court Judge authorizing the destruction of such animal. (Ord. 4, Series of 1988)

38 39 6-2-10: UNLAWFUL TO VIOLATE NUMBERS RESTRICTIONS: Ordinance No. 12 Series, 2020 Page 6

1 2 (A) On and after January 1, 1978, it shall be unlawful for any person to maintain on one property 3 in any City residential zone the combined total of more than three (3) dogs or cats over the 4 age of six (6) months or more than one litter of dogs or cats.

5 (B) Exception To Numbers Restriction: Any person who, prior to January 1, 1978, has provided 6 the City with the name, age, sex, color photograph, and rabies tag number of each dog and/or 7 cat then owned by such person and who, prior to January 1, 1978, has paid to the City Clerk 8 the full fee required in subsection (C) of this Section may maintain all such cats or dogs after 9 January 1, 1978, but may not replace any such cat or dog after January 1, 1978, but may not 10 replace any such cat or dog who dies or is otherwise permanently removed from such 11 person's household if such replacement would cause the total number of dogs and cats to 12 exceed the limitations of subsection (A) of this Section.

13 (C) Fee: The fee required by subsection (B) of this Section shall be five dollars ($5.00) for each 14 neutered cat and each neutered dog and ten dollars ($10.00) for each female cat, female dog, 15 male dog, and male cat.

16 (D) Permit: Upon receipt of the information and documents required by subsection (B) of this 17 Section, and upon payment of the fee provided for in said subsection (B) and specified in 18 subsection (C) of this Section, the City Clerk shall issue to such person a permit authorizing 19 such person to continue to maintain those animals.

20 (E) Enforcement: The City police or other person duly employed and appointed as an Animal 21 Control Officer may serve a summons and complaint upon any person for violation of any 22 provision of this Section upon their own initiative when they have personally observed the 23 violation. Otherwise, such summons and complaint shall not be served unless it has first been 24 signed and verified by two (2) persons over the age of eighteen (18) who do not live in the 25 same household.

26 27 6-2-11: IMPOUNDMENT OF DOGS AND CATS: 28 29 (A) In General: Dogs running at large and DANGEROUS ANIMALS fierce or vicious dogs or 30 cats may be impounded by the City police or other persons duly appointed and employed for 31 that purpose either on their own initiative or after the signing of a complaint by a private 32 party.

33 (B) Registry: Any person impounding a dog or cat under this Chapter shall maintain a complete 34 registry of such impoundment, entering therein the breed, color, sex, and rabies tag number, 35 if any, of such cat or dog, and the date, time, and location of such impoundment. (Ord. 21, 36 Series of 1977) Ordinance No. 12 Series, 2020 Page 7

1 (C) Notice: As soon as practicable, the animal enforcement officer shall attempt to give notice 2 via telephone to the owner of any impounded dog or cat. If such telephone contact is 3 unsuccessful, not later than three (3) days after the impoundment the City shall give written 4 notice of such impoundment to the owner by ordinary mail. If the owner of the impounded 5 dog or cat is unknown to the City's humane officers, such owner is hereby notified by this 6 provision that he may contact the Municipal pound for purposes of inquiring as to whether or 7 not his dog or cat has been impounded. (Ord. 18, Series of 1982)

8 (D) Reclaiming: Except as otherwise herein expressly provided, the owner of any dog or cat 9 impounded under this Chapter may reclaim such dog or cat upon payment of all costs and 10 charges for such impounding and maintenance and upon presentation of proof that such cat 11 or dog has been vaccinated as required by this Chapter.

12 (E) Disposition Of Unclaimed Cats And Dogs: Except as otherwise herein expressly provided, 13 any dog or cat that has not been reclaimed by its owner within six (6) days of its 14 impoundment may be destroyed, sold, or otherwise disposed of.

15 (F) Impoundment And Holding Of Biting Dogs Or Cats: Any dog or cat that has bitten a human 16 being may be impounded by the City police or other persons duly appointed and employed 17 for that purpose. Such dog or cat may be kept in impoundment for observation for up to ten 18 (10) consecutive days. Such dog or cat may be reclaimed by its owner at the expiration of 19 such ten (10) day period upon presentation of proof that such cat or dog has been vaccinated 20 as required by this Chapter and upon payment of all costs and charges for impounding and 21 maintenance. Any such dog or cat that is not reclaimed by its owner within twelve (12) days 22 of its impoundment may be destroyed, sold, or otherwise disposed of. (Ord. 21, Series of 23 1977)

24 25 6-2-12: PENALTIES FOR VIOLATION: 26 27 (A) Except as otherwise herein expressly provided, any person found guilty of violating any 28 provision of this Chapter shall be punished by a fine of not more than nine hundred ninety 29 nine dollars ($999.00). (Ord. 18, Series of 1982) ANY PERSON FOUND GUILTY OF 30 VIOLATING ANY PROVISION OF THIS CHAPTER SHALL BE PUNISHED AS 31 PROVIDED BY SECTION 1-4-1 OF THIS CODE, BY A FINE NOT TO EXCEED TWO 32 THOUSAND SIX HUNDRED FIFTY DOLLARS ($2,650.00) OR BY IMPRISONMENT 33 NOT TO EXCEED THREE HUNDRED SIXTY-FOUR (364) DAYS, OR BY SUCH FINE 34 AND IMPRISONMENT.

35 (B) Any person found guilty of violating any provision of Section 6-2-5 of this Chapter shall be 36 punished by a fine of not less than twenty five dollars ($25.00) nor more than nine hundred 37 ninety nine dollars ($999.00) for the first offense; by a fine not less than fifty dollars ($50.00) 38 nor more than nine hundred ninety nine dollars ($999.00) for the second offense; and by a 39 fine of not less than one hundred dollars ($100.00) nor more than nine hundred ninety nine Ordinance No. 12 Series, 2020 Page 8

1 dollars ($999.00) for the third offense. A charge of violation of any provision of Section 6-2- 2 5 of this Chapter, shall require a mandatory court appearance. Additionally, the punishment 3 imposed for a finding of guilty of a third or later violation of any provision of Section 6-2-5 4 shall in no case be less than a fine of one hundred dollars ($100.00). In addition to any fines 5 which may be imposed, the Municipal Court Judge may impose a jail sentence of up to 6 ninety (90) days on any defendant found to be in violation of any provision of Section 6-2-5 7 of this Chapter, excluding violations by minors under the age of eighteen (18) who shall be 8 subject to fines only. (Ord. 20, Series of 1988)

9 (C) A third charge of violation of any provision of either Section 6-2-3 or 6-2-4 of this Chapter 10 and all charges of violations of any provisions of said Sections after said third charge shall 11 require a mandatory court appearance. ANY VIOLATION OF THIS CHAPTER SHALL 12 REQUIRE A COURT APPEARANCE, UNLESS SUCH APPEARANCE IS WAIVED FOR 13 GOOD CAUSE OR BY AGREEMENT.

14 (D) In those cases resulting in conviction of violation of any provision of Section 6-2-3, 6-2-4 or 15 6-2-5 of this Chapter, the Court, in imposing sentence, shall consider as an aggravating 16 factor, the fact that the animal involved is a male dog, male cat, female dog, or female cat, as 17 the same are defined in Section 6-2-1 of this Chapter.

18 6-2-13: REMOVAL OF DOG WASTE REQUIRED:

19 20 (A) THE OWNER OF ANY DOG SHALL IMMEDIATELY REMOVE ANY FECES 21 DEPOSITED BY SUCH DOG ON ANY PROPERTY, PUBLIC OR PRIVATE, NOT 22 OWNED OR EXCLUSIVELY OCCUPIED BY THE OWNER. 23 24 (B) THE OWNER OF ANY DOG SHALL ALSO BE RESPONSIBLE FOR THE PERIODIC 25 REMOVAL OF FECES DEPOSITED BY SUCH DOG ON PROPERTY OWNED OR 26 EXCLUSIVELY OCCUPIED BY SUCH OWNER AS TO NOT ALLOW SUCH 27 ACCUMULATION THAT CREATES AN UNSANITARY, OFFENSIVE, OR 28 UNHEALTHY CONDITION.

29 6-4-1: DEFINITIONS:

30 31 Unless otherwise stated, the provisions in this chapter are subject to all applicable definitions, 32 defenses, and presumptions provided by the Colorado criminal code1. In addition, the following 33 words, terms, phrases, when used in this chapter, shall have the meanings ascribed to them in this 34 section, except where the context clearly indicates a different meaning: 35 36 ADMINISTRATIVE SCHOOL OFFICIAL: Any principal, vice principal, dean, faculty member 37 (temporary or permanent), or any other person so designated by a principal, vice principal, dean 38 or faculty member (temporary or permanent). Ordinance No. 12 Series, 2020 Page 9

1 2 ALCOHOLIC BEVERAGES: Any fermented malt beverage or malt, vinous or spirituous 3 liquors, as further defined by Colorado Revised Statutes sections 12-46-103(1) and 12-47-103 4 44-3-103. 5 6 ANAL INTERCOURSE: Contact between human beings of the genital organs of one and the 7 anus of another. 8 9 ANILINGUS: Sexual stimulation involving oral contact with the anus. 10 11 CANNABIS: Shall include all parts of the plant Cannabis sativa L., whether growing or not; the 12 seeds thereof; the resin extracted from any part of such plant; and every compound, manufacture, 13 salt derivative, mixture, or preparation of such plant, its seeds, or resin, but shall not include the 14 mature stalks of such plant, fiber produced from its stalks, oil or cake made from the seeds of 15 such plant, any other compound, manufacture, salt derivative, mixture or preparation of its 16 mature stalks, except the resin extracted therefrom, fiber, oil or cake, or the sterilized seed of 17 such plant which is incapable of germination. 18 19 CUNNILINGUS: Any act of oral stimulation of the vulva or clitoris. 20 21 DEADLY WEAPON: Any of the following which in the manner it is used or intended to be used 22 is capable of producing death or serious bodily injury:

23 (A) A firearm, whether loaded or unloaded; 24 (B) A knife; 25 (C) A bludgeon; or 26 (D) Any other weapon, device, instrument, material, or substance, whether animate or inanimate.

27 DRUG PARAPHERNALIA: All equipment, products, and materials of any kind which are used, 28 intended for use, or designed for use in planting, propagating, cultivating, growing, harvesting, 29 manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, 30 packaging, repackaging, storing, containing, concealing or injecting, ingesting, inhaling, or 31 otherwise introducing into the human body a controlled substance, in violation of the laws of the 32 city or the state of Colorado. "Drug paraphernalia" includes, but is not limited to:

33 (A) Testing equipment used, intended for use, or designed for use in identifying or in analyzing 34 the strength, effectiveness, or purity of controlled substances under circumstances in violation of 35 the laws of the city or the state of Colorado; 36 (B) Scales and balances used, intended for use, or designed for use in weighing or measuring 37 controlled substances; 38 (C) Separation gins and sifters used, intended for use, or designed for use in removing twigs and 39 seeds from or in otherwise cleaning or refining marijuana; Ordinance No. 12 Series, 2020 Page 10

1 (D) Blenders, bowls, containers, spoons, and mixing devices used, intended for use, or designed 2 for use in compounding controlled substances; 3 (E) Capsules, balloons, envelopes, and other containers used, intended for use, or designed for 4 use in packaging small quantities of controlled substances; 5 (F) Containers and other objects used, intended for use, or designed for use in storing or 6 concealing controlled substances; or 7 (G) Objects used, intended for use, or designed for use in ingesting, inhaling, or otherwise 8 introducing marijuana, cocaine, hashish, or hashish oil into the human body, such as: Air driven 9 pipes; Bongs; Carburetion tubes and devices; Carburetor pipes; Chamber pipes; Chillums; 10 Electric pipes; Ice pipes or chillers; Metal, wooden, acrylic, glass, stone, plastic, or ceramic pipes 11 with or without screens, permanent screens, hashish heads, or punctured metal bowls; Miniature 12 cocaine spoons and cocaine vials; "Roach clips", meaning objects used to hold burning material, 13 such as a marijuana cigarette that has become too small or too short to be held in the hand; 14 Smoking and carburetion masks; or Water pipes.

15 EMERGENCY MEDICAL SERVICE PROVIDER: A MEMBER OF A PUBLIC OR PRIVATE 16 EMERGENCY MEDICAL SERVICE AGENCY, WHETHER THAT PERSON IS A 17 VOLUNTEER OR RECEIVES COMPENSATION FOR SERVICES RENDERED AS SUCH 18 EMERGENCY MEDICAL SERVICE PROVIDER.

19 FELLATIO: Any act of oral stimulation of the penis. 20 21 LITTER: All rubbish, waste, material, refuse, garbage, trash, debris or other foreign substances, 22 solid or liquid, of every form, size, kind and description. 23 24 LOITER: Remaining idle in essentially one location, to be dilatory, to tarry, to dawdle and shall 25 include, but not be limited to, standing around, hanging out, sitting, kneeling, sauntering or 26 prowling whether in or out of a vehicle. 27 28 MARIJUANA: Shall have the same definition as "cannabis". 29 30 MARIJUANA ACCESSORIES: Any equipment, products, or materials of any kind which are 31 used, intended for use, or designed for use in planting, propagating, cultivating, growing, 32 harvesting, composting, manufacturing, compounding, converting, producing, processing, 33 preparing, testing, analyzing, packaging, repackaging, storing, vaporizing, or containing 34 marijuana, or for ingesting, inhaling, or otherwise introducing marijuana into the human body. 35 36 MASTURBATION: Stimulation of the genital organs by manual or other bodily contact 37 exclusive of sexual intercourse. 38 39 MINOR: Any person under the age of eighteen (18) years. 40 41 MOTOR VEHICLE: All vehicles of whatever description propelled by any power other than Ordinance No. 12 Series, 2020 Page 11

1 muscular, except vehicles running on rails. 2 3 OBSCENE: A patently offensive description of ultimate sexual acts or solicitation to commit 4 ultimate sexual acts, whether or not said ultimate sexual acts are normal or perverted, actual or 5 simulated, including masturbation, cunnilingus, fellatio, anilingus, or excretory functions. 6 7 OPEN MARIJUANA CONTAINER: A RECEPTACLE OR MARIJUANA ACCESSORY 8 THAT CONTAINS ANY AMOUNT OF MARIJUANA THAT IS OPEN OR HAS A BROKEN 9 SEAL, AND THE CONTENTS OF WHICH ARE PARTIALLY REMOVED, AND THERE IS 10 EVIDENCE THAT MARIJUANA HAS BEEN CONSUMED WITHIN THE MOTOR 11 VEHICLE.

12 OPENLY OR PUBLICLY: The consumption or growing of marijuana in a place commonly or 13 usually open to or accessible by the general public, or to which members of the general public 14 may resort, including, without limitation, public ways, streets, sidewalks, alleys, bicycle paths, 15 trails, golf courses, public buildings, parks, open spaces, parking lots, shopping centers, places of 16 business usually open to the general public and automobiles or other vehicles in or upon any 17 such place or places. For purposes of this section, openly or publicly expressly includes the 18 consumption or growing of marijuana in any place not used for residential purposes where 19 individuals gather to consume or grow marijuana, regardless of whether such place calls itself 20 private or public or charges an admission or membership fee. 21 22 POSSESSION OF ETHYL ALCOHOL: Means that a person has or holds any amount of ethyl 23 alcohol anywhere on his or her person, or that a person owns or has custody of ethyl alcohol, or 24 has ethyl alcohol within his or her immediate presence and control. 25 26 POSSESSION OF MARIJUANA: MEANS THAT A PERSON HAS OR HOLDS ANY 27 AMOUNT OF MARIJUANA ANYWHERE ON HIS OR HER PERSON, OR THAT A 28 PERSON OWNS OR HAS CUSTODY OF MARIJUANA, OR HAS MARIJUANA WITHIN 29 HIS OR HER IMMEDIATE PRESENCE AND CONTROL.

30 PUBLIC OR PRIVATE PROPERTY: Shall include, but is not limited to, the right of way of any 31 road or highway, any body of water or watercourse including frozen areas or the shores or 32 beaches thereof, any park, playground, or building, any refuge, conservation, or recreation area, 33 and any residential, farm, or ranch properties or timberlands. 34 35 RENDER ASSISTANCE:

36 (A) Harbor or conceal such person; 37 (B) Warn such other person of impending discovery or apprehension; except that this does not 38 apply to a warning given in an effort to bring such other person into compliance with the law; 39 (C) Provide such other person with money, transportation, weapon, disguise, or other thing to be 40 used in avoiding discovery or apprehension; Ordinance No. 12 Series, 2020 Page 12

1 (D) By force, intimidation, or deception, obstruct anyone in the performance of any act which 2 might aid in the discovery, detection, apprehension, prosecution, conviction, or punishment of 3 such other person; or 4 (E) Conceal, destroy, or alter, or assist in concealing, destroying, or altering any physical 5 evidence that might aid in the discovery, detection, apprehension, prosecution, conviction, or 6 punishment of such other person.

7 RESCUE SPECIALIST: A MEMBER OF A PUBLIC OR PRIVATE RESCUE AGENCY, 8 WHETHER THAT PERSON IS A VOLUNTEER OR RECEIVES COMPENSATION FOR 9 SERVICES RENDERED AS SUCH RESCUE SPECIALIST.

10 RESIDENTIAL PROPERTY: A single dwelling unit providing complete independent living 11 facilities for one or more persons, including permanent provisions for living, sleeping, eating, 12 cooking, and sanitation. Residential property also includes the real property surrounding a 13 structure, owned in common with the structure, that includes one or more single units providing 14 complete independent living facilities. 15 16 SERIOUS BODILY INJURY: BODILY INJURY WHICH, EITHER AT THE TIME OF THE 17 ACTUAL INJURY OR AT A LATER TIME, INVOLVES A SUBSTANTIAL RISK OF 18 DEATH, A SUBSTANTIAL RISK OF SERIOUS PERMANENT DISFIGUREMENT, A 19 SUBSTANTIAL RISK OF PROTRACTED LOSS OR IMPAIRMENT OF THE FUNCTION 20 OF ANY PART OR ORGAN OF THE BODY, OR BREAKS, FRACTURES, OR BURNS OF 21 THE SECOND OR THIRD DEGREE.

22 SEXUAL INTERCOURSE: Real or simulated intercourse, whether genital-genital, oral-genital, 23 anal-genital, or oral-anal, between human beings of the opposite or same sex or with an artificial 24 genital organ. 25 26 SYNTHETIC COCAINE: Any product containing methylenedioxyprovalerone (MDPV) or 27 mephedrone. 28 29 THING OF VALUE OR ANYTHING OF VALUE OF ANOTHER: If anyone other than the 30 defendant has a possessory or proprietary interest therein. 31 32 TOBACCO PRODUCTS: Cigars, cheroots, stogies, perique, granulated, plug cut, crimp cut, 33 ready rubbed, and other smoking tobacco, snuff, snuff flour, cavendish, plug and twist tobacco, 34 fine cut and other chewing tobaccos, shorts, refuse scraps, clippings, cuttings and sweepings of 35 tobacco, and other kinds and forms of tobacco, prepared in such manner as to be suitable for 36 chewing or for smoking in a pipe or otherwise, or both for chewing and smoking. 37 38 UNDER COLOR OF OFFICIAL AUTHORITY: When, in the regular course of assigned duties, 39 a peace officer, firefighter is called upon to make and does make a judgment in good faith based 40 upon surrounding facts and circumstances that an order or command should be given, an arrest 41 made, or other action taken of those assigned duties. Ordinance No. 12 Series, 2020 Page 13

1 2 UNSEALED CONTAINERS: Any container which has an altered or broken seal which was 3 applied by the United States government over the cap or top of said container of alcoholic 4 beverages or any open container of any type which contains alcoholic beverages.

5 6-4-5: CONSPIRACY:

6 (A) IT SHALL BE UNLAWFUL FOR ANY PERSON TO CONSPIRE TO COMMIT A 7 VIOLATION OF THIS CODE. A PERSON COMMITS CONSPIRACY TO COMMIT 8 A VIOLATION IF, WITH INTENT TO PROMOTE OR FACILITATE ITS 9 COMMISSION, HE OR SHE AGREES WITH ANOTHER PERSON OR PERSONS 10 THAT THEY, OR ONE OR MORE OF THEM, WILL ENGAGE IN CONDUCT 11 WHICH CONSTITUTES A VIOLATION OR AN ATTEMPT TO COMMIT A 12 VIOLATION, OR HE OR SHE AGREES TO AID THE OTHER PERSON OR 13 PERSONS IN THE PLANNING OR COMMISSION OF A VIOLATION OR AN 14 ATTEMPT TO COMMIT SUCH VIOLATION. 15 (B) NO PERSON MAY BE CONVICTED OF CONSPIRACY TO COMMIT A 16 VIOLATION, UNLESS AN OVERT ACT IN PURSUANCE OF THAT CONSPIRACY 17 IS PROVED TO HAVE BEEN DONE BY THAT PERSON OR BY A PERSON WITH 18 WHOM HE OR SHE CONSPIRED. 19 (C) IF A PERSON KNOWS THAT ONE PERSON WITH WHOM HE OR SHE 20 CONSPIRES TO COMMIT A VIOLATION HAS CONSPIRED WITH ANOTHER 21 PERSON OR PERSONS TO COMMIT THE SAME VIOLATION, HE OR SHE IS 22 GUILTY OF CONSPIRING TO COMMIT A VIOLATION WITH THE OTHER 23 PERSON OR PERSONS, WHETHER OR NOT HE OR SHE KNOWS THEIR 24 IDENTITY. 25 (D) IF A PERSON CONSPIRES TO COMMIT A NUMBER OF VIOLATIONS, HE OR 26 SHE IS GUILTY OF ONLY ONE CONSPIRACY SO LONG AS SUCH MULTIPLE 27 VIOLATIONS ARE PART OF A SINGLE CRIMINAL EPISODE.

29 6-4-6: CRIMINAL SOLICITATION

30 (A) A PERSON COMMITS CRIMINAL SOLICITATION IF HE OR SHE COMMANDS, 31 INDUCES, ENTREATS, OR OTHERWISE ATTEMPTS TO PERSUADE ANOTHER 32 PERSON, OR OFFERS HIS OR HER SERVICES OR ANOTHER’S SERVICES TO A 33 THIRD PERSON, TO COMMIT AN OFFENSE, WHETHER AS PRINCIPAL OR 34 ACCOMPLICE, WITH INTENT TO PROMOTE OR FACILITATE THE 35 COMMISSION OF THAT OFFENSE, AND UNDER CIRCUMSTANCES 36 STRONGLY CORROBORATIVE OF THAT INTENT. 37 Ordinance No. 12 Series, 2020 Page 14

1 (B) SUBSECTION (A) DOES NOT APPLY TO BONA FIDE ACTS OF PERSONS 2 AUTHORIZED BY LAW TO INVESTIGATE AND DETECT THE COMMISSION OF 3 OFFENSES BY OTHERS. 4 5 (C) IT IS A DEFENSE TO A PROSECUTION UNDER THIS SECTION THAT, IF THE 6 CRIMINAL OBJECT WAS ACHIEVED, THE DEFENDANT WOULD BE THE SOLE 7 VICTIM OF THE OFFENSE OR THE OFFENSE IS SO DEFINED THAT HIS OR 8 HER CONDUCT WOULD BE INEVITABLY INCIDENT TO ITS COMMISSION OR 9 HE OTHERWISE WOULD NOT BE GUILTY UNDER THE STATUTE OR CODE 10 DEFINING THE OFFENSE OR UNDER SECTION 6-4-2 DEALING WITH 11 COMPLICITY. 12 13 (D) IT IS NO DEFENSE TO A PROSECUTION UNDER THIS SECTION THAT THE 14 PERSON SOLICITED COULD NOT BE GUILTY OF THE OFFENSE BECAUSE OF 15 LACK OF RESPONSIBILITY OR CULPABILITY, OR OTHER INCAPACITY. 16 17 (E) IT IS AN AFFIRMATIVE DEFENSE TO A PROSECUTION UNDER THIS SECTION 18 THAT THE DEFENDANT, AFTER SOLICITING ANOTHER PERSON TO COMMIT 19 AN OFFENSE, PERSUADED THAT PERSON NOT TO DO SO OR OTHERWISE 20 PREVENTED THE COMMISSION OF THE OFFENSE, UNDER CIRCUMSTANCES 21 MANIFESTING A COMPLETE AND VOLUNTARY RENUNCIATION OF THE 22 DEFENDANT’S CRIMINAL INTENT.

23 24 6-4-22: HARASSMENT: 25 26 (1)A person commits harassment if, with the intent to harass, annoy or alarm another person, he 27 or she:

28 (A) Strikes, shoves, kicks or otherwise touches a person or subjects him to physical contact; 29 or

30 (B) In a public place directs obscene language or makes an obscene gesture to or at another 31 person; or

32 (C) Follows a person in or about a public place; or

33 (D) DIRECTLY OR INDIRECTLY Iinitiates communication with a person OR DIRECTS 34 LANGUAGE TOWARD ANOTHER PERSON, anonymously or otherwise by telephone, 35 telephone network, data network, text message, instant message, computer, computer 36 network, or computer system, OR OTHER INTERACTIVE ELECTRONIC MEDIUM in a 37 manner intended to harass or threaten bodily INJURY harm or property damage, or makes 38 any comment, request, suggestion or proposal by telephone, computer, computer network, or 39 computer system, OR OTHER INTERACTIVE ELECTRONIC MEDIUM that is obscene; 40 or Ordinance No. 12 Series, 2020 Page 15

1 (E) Makes a telephone call or causes a telephone to ring repeatedly whether or not a 2 conversation ensues, with no purpose of legitimate conversation; or

3 (F) Makes repeated communications at inconvenient hours that invade the privacy of another 4 and interfere in the use and enjoyment of another's home or private residence or other private 5 property; or

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

8 (H) Delivers or causes delivery of written, printed, or graphic material or any object that in 9 fact harasses another person or threatens bodily injury or property damage to or against 10 another person.

11 (2) Any act prohibited by SUBSECTIONS (D), (E), AND (F) of this section (1) may be deemed 12 to have occurred or have been committed at the place at which the telephone call, electronic 13 mail, or other electronic communication was either made or received.

14 15 6-4-24: FALSE IMPRISONMENT: 16 17 It shall be unlawful to intentionally KNOWINGLY confine or detain another without the other's 18 consent and without proper legal authority. This section shall not apply to a peace officer acting 19 in good faith within the scope of his or her duties. 20

21 6-4-41: TRESPASSING:

22 (A) It shall be unlawful for any person to enter or remain upon the property, real or personal, of 23 another without the consent of the owner or occupant of said property; and, it shall be 24 unlawful for a person to fail or refuse to remove himself or herself immediately from the 25 property of another when requested to leave by the owner or occupant of said property, or the 26 agent, employee, servant or custodian of said owner or occupant. THIS INCLUDES 27 PREMISES OF ANOTHER THAT ARE ENCLOSED IN A MANNER DESIGNED TO 28 EXCLUDE INTRUDERS OR ARE FENCED, AS WELL AS PROPERTY THAT HAS 29 BEEN POSTED WITH A SIGN SPECIFICALLY PROHIBITING TRESPASSERS.

30 31 (B) It shall be unlawful for any person or persons to enter or remain upon any school property, 32 real or personal, without the express consent of the administrative school official, unless such 33 person is in lawful attendance at the school or such person is lawfully transacting business at 34 the school with the express consent of an administrative school official; and it shall be 35 unlawful for a person to fail or refuse to remove himself or herself immediately from any 36 school property when requested to leave by an administrative school official. (Ord. 14, Series 37 of 2012) Ordinance No. 12 Series, 2020 Page 16

1 2 3 6-4-42: CRIMINAL MISCHIEF: 4 5 It shall be unlawful for a person to knowingly damage the real or personal property of one or 6 more other persons, including property owned by the person jointly with another person or 7 property owned by the person in which another person has a possessory or proprietary interest, in 8 the course of a single criminal episode, where the aggregate damage to the real OR PERSONAL 9 property is less than one thousand dollars ($1,000.00). 10 11 12 6-4-45: THEFT: 13 14 (A) A person commits theft when he OR SHE knowingly obtains, RETAINS, or exercises 15 control over anything of value of another where the aggregate value is less than one TWO 16 thousand dollars ($12,000.00) without authorization, or by threat or deception; OR 17 RECEIVES, LOANS MONEY BY PAWN OR PLEDGE ON, OR DISPOSES OF 18 ANYTHING OF VALUE OR BELONGING TO ANOTHER THAT HE OR SHE KNOWS 19 OR BELIEVES TO HAVE BEEN STOLEN, and: 20 1. Intends to deprive the other person permanently of the use or benefit of the thing of value; 21 or 22 2. Knowingly uses, conceals, or abandons the thing of value in such manner as to deprive the 23 other person permanently of its use or benefit; or 24 3. Uses, conceals, or abandons the thing of value intending that such use, concealment, or 25 abandonment will deprive the other person permanently of its use and benefit; or 26 4. Demands any consideration to which he is not legally entitled as a condition of restoring 27 the thing of value to the other person; OR 28 5. KNOWINGLY RETAINS THE THING OF VALUE MORE THAN SEVENTY-TWO 29 HOURS AFTER THE AGREED-UPON TIME OF RETURN IN ANY LEASE OR HIRE 30 AGREEMENT. 31 (B) It shall be unlawful for any person to knowingly alter, remove or switch the indicated price 32 of any merchandise owned or held by or offered or displayed for sale by any store or other 33 mercantile establishment, with the intent to defraud such store or mercantile establishment 34 where the aggregate value is less than one TWO thousand dollars ($12,000.00).

35 (C) If any person knowingly conceals merchandise owned or held by and offered or displayed 36 for sale by any store or other mercantile establishment, whether the concealment be on his 37 own person or otherwise and whether on or off the premises of said store or mercantile 38 establishment, such concealment constitutes prima facie evidence that the person intended to 39 commit the crime of theft. Ordinance No. 12 Series, 2020 Page 17

1 6-4-46: THEFT BY RECEIVING: 2 3 It shall be unlawful to commit theft by receiving. A person commits theft by receiving when he 4 or she receives, retains, loans money by pawn or pledge on or disposes of anything of value of 5 another, knowing or believing that the thing of value has been stolen, and when he or she intends 6 to deprive the lawful owner permanently of the use or benefit of the thing of value, where the 7 value of the thing involved is less than one thousand dollars ($1,000.00).

8 THEFT DETECTION DEVICES

9 (A) IT SHALL BE UNLAWFUL FOR ANY PERSON TO: 10 11 1) KNOWINGLY MANUFACTURE, DISTRIBUTE, OR SELL A THEFT 12 DETECTION SHIELDING DEVICE OR A THEFT DETECTION 13 DEACTIVATING DEVICE WITH THE KNOWLEDGE THAT SOME PERSON 14 INTENDS TO USE THE DEVICE IN THE COMMISSION OF AN OFFENSE 15 INVOLVING THEFT; OR 16 2) POSSESS A THEFT DETECTION SHIELDING DEVICE OR A THEFT 17 DETECTION DEACTIVATING DEVICE WITH THE INTENT TO USE DEVICE 18 POSSESSED, OR WITH THE KNOWLEDGE THAT SOME PERSON INTENDS 19 TO USE THE DEVICE POSSESSED, IN THE COMMISSION OF AN OFFENSE 20 INVOLVING THEFT; OR 21 22 3) KNOWINGLY DEACTIVATE OR REMOVE A THEFT DETECTION DEVICE 23 OR ANY COMPONENT THEREOF IN ANY STORE OR MERCANTILE 24 ESTABLISHMENT WITHOUT AUTHORIZATION PRIOR TO PURCHASE. 25 26 (B) AS USED IN THIS SECTION: 27 28 1) “THEFT DETECTION DEACTIVATING DEVICE” MEANS ANY TOOL, 29 INSTRUMENT, MECHANISM, OR OTHER ARTICLE ADAPTED, DESIGNED, 30 ENGINEERED, USED, OR OPERATED TO INACTIVATE, INCAPACITATE, OR 31 REMOVE A THEFT DETECTION DEVICE WITHOUT AUTHORIZATION. THIS 32 INCLUDES, BUT IS NOT LIMITED TO, JUMPER WIRES, WIRE CUTTERS, 33 AND ELECTRONIC ARTICLE SURVEILLANCE REMOVAL DEVICES. 34 35 2) “THEFT DETECTION DEVICE” MEANS AN ELECTRONIC OR MAGNETIC 36 MECHANISM, MACHINE, APPARATUS, TAG, OR ARTICLE DESIGNED AND 37 OPERATED FOR THE PURPOSE OF DETECTING THE UNAUTHORIZED 38 REMOVAL OF MERCHANDISE FROM A STORE OR MERCANTILE 39 ESTABLISHMENT. 40 41 3) “THEFT DETECTION SHIELDING DEVICE” MEANS ANY TOOL, 42 INSTRUMENT, MECHANISM, OR ARTICLE ADAPTED, DESIGNED, Ordinance No. 12 Series, 2020 Page 18

1 ENGINEERED, USED, OR OPERATED TO AVOID DETECTION BY A THEFT 2 DETECTION DEVICE DURING THE COMMISSION OF AN OFFENSE 3 INVOLVING THEFT. THIS INCLUDES, BUT IS NOT LIMITED TO, FOIL- 4 LINED OR OTHERWISE MODIFIED CLOTHING, BAGS, PURSES, OR 5 CONTAINERS CAPABLE OF AND FOR THE SOLE PURPOSE OF AVOIDING 6 DETECTION DEVICES. 7 8 6-4-47: MOTOR VEHICLE THEFT: 9 10 It shall be unlawful to commit motor vehicle theft. A person commits motor vehicle theft if he or 11 she knowingly obtains or exercises control over a motor vehicle of another without authorization 12 or by threat or deception and if none of the aggravating factors or other circumstances listed in 13 Colorado Revised Statutes section 18-4-409, as amended, recodified, or reenacted, that would 14 otherwise classify the offense as a felony are present. (Ord. 14, Series of 2012) 15 16 17 6-4-49: CRIMINAL TAMPERING: 18 19 IT SHALL BE UNLAWFUL FOR ANY PERSON TO COMMIT CRIMINAL TAMPERING. A 20 PERSON COMMITS CRIMINAL TAMPERING IF HE OR SHE: 21 (A) TAMPERS WITH PROPERTY OF A UTILITY OR INSTITUTION WITH THE 22 INTENT TO CAUSE INTERRUPTION OR IMPAIRMENT OF A SERVICE 23 RENDERED TO THE PUBLIC BY A UTILITY OR BY AN INSTITUTION 24 PROVIDING HEALTH OR SAFETY PROTECTION; OR 25 (B) TAMPERS WITH PROPERTY OF ANOTHER WITH INTENT TO CAUSE INJURY, 26 INCONVENIENCE, OR ANNOYANCE TO THAT PERSON OR TO ANOTHER; OR 27 (C) KNOWINGLY MAKES AN UNAUTHORIZED CONNECTION WITH PROPERTY 28 OF A UTILITY. 29 30 6-4-72: DISORDERLY CONDUCT: 31 32 It shall be unlawful for any person to commit disorderly conduct. A person commits disorderly 33 conduct if he or she intentionally, knowingly or recklessly: 34 35 (A) Makes a coarse and obviously offensive utterance, gesture or display in a public place and 36 the utterance, gesture, or display MAY tends to incite an immediate breach of the peace; or 37 (B) (Deleted by laws 2000, P.708, section 39, effective July 1, 2000). MAKES 38 UNREASONABLE NOISE IN A PUBLIC PLACE OR NEAR A PRIVATE RESIDENCE 39 THAT HE OR SHE HAS NO RIGHT TO OCCUPY; OR 40 (C) Fights with another in a public place except in an amateur or professional contest of athletic 41 skill; or Ordinance No. 12 Series, 2020 Page 19

1 (D) Not being a peace officer, discharges a firearm in a public place except when engaged in 2 lawful target practice or hunting; or 3 (E) Not being a peace officer, displays a deadly weapon, displays any article used or fashioned in 4 a manner to cause a person to reasonably believe that the article is a deadly weapon, or 5 represents verbally or otherwise that he or she is armed with a deadly weapon in a public 6 place in a manner calculated to alarm. (Ord. 14, Series of 2012) 7 6-4-73: LOITERING: 8 9 (A) It is unlawful for any person to loiter or prowl in a place, at a time or in a manner not usual 10 for law abiding individuals, under circumstances that warrant a justifiable and reasonable 11 alarm or immediate concern for the safety of persons or property in the vicinity.

12 (B) Among the circumstances which may be considered in determining whether such alarm or 13 immediate concern is warranted is the fact that the person takes flight upon appearance of a 14 law enforcement officer, refuses to identify himself or manifestly endeavors to conceal 15 himself or any object. Unless flight by the person or other circumstances makes it 16 impracticable, a law enforcement officer shall, prior to any arrest for an offense under this 17 section, afford the person an opportunity to dispel any alarm or immediate concern which 18 would otherwise be warranted by requesting him to identify himself and explain his presence 19 and conduct. No person shall be convicted of an offense under this section if the law 20 enforcement officer did not comply with this procedure or if it appears at trial that the 21 explanation given by the person is true and, if believed by the officer at the time, would have 22 dispelled the alarm or immediate concern. (Ord. 14, Series of 2012)

24 6-4-81: OBSTRUCTION OF TELEPHONE OR TELEGRAPH SERVICE

25 IT SHALL BE UNLAWFUL FOR ANY PERSON TO KNOWINGLY PREVENT, 26 OBSTRUCT, OR DELAY, BY ANY MEANS WHATSOEVER, THE SENDING, 27 TRANSMISSION, CONVEYANCE, OR DELIVERY OF ANY MESSAGE, 28 COMMUNICATION, OR REPORT BY OR THROUGH ANY TELEGRAPH OR 29 TELEPHONE LINE, WIRE, CABLE, OR OTHER FACILITY OR ANY CORDLESS, 30 WIRELESS, ELECTRONIC, MECHANICAL, OR OTHER DEVICE. 31

32 6-4-101: UNLAWFUL POSSESSION OR CONSUMPTION OF ALCOHOLIC 33 BEVERAGES BY ANY PERSON UNDER TWENTY-ONE:

34 (A) It shall be unlawful for any person under the age of twenty-one (21) years to consume, 35 purchase or have in his or her possession, actually or constructively, any beverage containing 36 any amount of ethyl alcohol. A violation of this subsection shall be a strict liability offense. Ordinance No. 12 Series, 2020 Page 20

1 (B) During any trial for a violation of subsection (A) of this section, any bottle, can, or any other 2 container with labeling indicating the contents of such bottle, can, or container shall be 3 admissible into evidence, and the information contained on any label on such bottle, can, or 4 other container shall be admissible into evidence and shall not constitute hearsay. The trier of 5 fact may consider the information upon such label in determining whether the contents of the 6 bottle, can, or other container were composed in whole or in part of ethyl alcohol. A label 7 which identifies the contents of any bottle, can, or other container as "beer", "ale", "malt 8 beverage", "fermented malt beverage", "malt liquor", "wine", "champagne", "whiskey" or 9 "whisky", "gin", "vodka", "tequila", "schnapps", "brandy", "cognac", "liqueur", "cordial", 10 "alcohol", or "liquor" shall constitute prima facie evidence that the contents of the bottle, can, 11 or other container contained, in whole or in part, ethyl alcohol.

12 (C) A PERSON IS IMMUNE FROM ARREST AND PROSECUTION FOR A VIOLATION 13 OF SUBSECTION (A) IF HE OR SHE ESTABLISHES THE FOLLOWING:

14 1. HE OR SHE CALLED 911 AND REPORTED IN GOOD FAITH THAT ANOTHER 15 UNDERAGE PERSON WAS IN NEED OF MEDICAL ASSISTANCE DUE TO 16 ALCOHOL OR MARIJUANA CONSUMPTION;

17 2. HE OR SHE PROVIDED HIS OR HER NAME TO THE 911 OPERATOR;

18 3. HE OR SHE WAS THE FIRST PERSON TO MAKE THE 911 REPORT; AND

19 4. HE OR SHE REMAINED ON THE SCENE WITH THE UNDERAGE PERSON IN 20 NEED OF MEDICAL ASSISTANCE UNTIL ASSISTANCE ARRIVED AND 21 COOPERATED WITH MEDICAL ASSISTANCE OR LAW ENFORCEMENT 22 PERSONNEL ON THE SCENE

23 (D) THE IMMUNITY DESCRIBED IN SUBSECTION (C) ALSO EXTENDS TO THE 24 UNDERAGE PERSON WHO WAS IN NEED OF MEDICAL ASSISTANCE DUE TO 25 ALCOHOL OR MARIJUANA CONSUMPTION IF THE CONDITIONS OF 26 SUBSECTION (C) ARE SATISFIED.

27 (E) NOTHING IN SUBSECTIONS (C) OR (D) SHALL BE INTERPRETED TO LIMIT THE 28 ABILITY OF A PROSECUTOR OR A LAW ENFORCEMENT OFFICER TO OBTAIN 29 OR USE EVIDENCE OBTAINED FROM A REPORT, RECORDING, OR ANY OTHER 30 STATEMENT PROVIDED PURSUANT TO SUBSECTION (C) TO INVESTIGATE AND 31 PROSECUTE A VIOLATION OTHER THAN THE VIOLATION LISTED IN 32 SUBSECTION (A).

33 (F) IT IS AN AFFIRMATIVE DEFENSE TO THE VIOLATION DESCRIBED IN 34 SUBSECTION (A) OF THIS SECTION THAT THE ETHYL ALCOHOL WAS 35 POSSESSED OR CONSUMED BY A PERSON UNDER TWENTY-ONE YEARS OF 36 AGE UNDER THE FOLLOWING CIRCUMSTANCES: Ordinance No. 12 Series, 2020 Page 21

1 1. HE OR SHE WAS LEGALLY UPON PRIVATE PROPERTY WITH THE 2 KNOWLEDGE AND CONSENT OF THE OWNER OR LEGAL POSSESSOR OF SUCH 3 PRIVATE PROPERTY AND THE ETHYL ALCOHOL WAS POSSESSED OR 4 CONSUMED WITH THE CONSENT OF HIS OR HER PARENT OR LEGAL 5 GUARDIAN WHO WAS PRESENT DURING SUCH POSSESSION OR 6 CONSUMPTION;

7 2. WHEN THE EXISTENCE OF ETHYL ALCOHOL IN HIS OR HER BODY WAS DUE 8 SOLELY TO THE INGESTION OF A CONFECTIONERY WHICH CONTAINED 9 ETHYL ALCOHOL WITHIN THE LIMITS PRESCRIBED BY SECTION 25-5- 10 410(1)(I)(II) OF THE COLORADO REVISED STATUTES; OR THE INGESTION OF 11 ANY SUBSTANCE WHICH WAS MANUFACTURED, DESIGNED OR INTENDED 12 PRIMARILY FOR A PURPOSE OTHER THAN ORAL HUMAN INGESTION; OR THE 13 INGESTION OF ANY SUBSTANCE WHICH WAS MANUFACTURED, DESIGNED OR 14 INTENDED SOLELY FOR MEDICINAL OR HYGIENIC PURPOSES; OR SOLELY 15 FROM THE INGESTION OF A BEVERAGE WHICH CONTAINED LESS THAN ONE- 16 HALF OF ONE PERCENT OF ETHYL ALCOHOL BY WEIGHT; OR

17 3. HE OR SHE IS A STUDENT WHO:

18 (A) TASTES BUT DOES NOT IMBIBE AN ALCOHOL BEVERAGE ONLY WHILE 19 UNDER THE DIRECT SUPERVISION OF AN INSTRUCTOR WHO IS AT LEAST 20 TWENTY-ONE YEARS OF AGE AND EMPLOYED BY A POST-SECONDARY 21 SCHOOL;

22 (B) IS ENROLLED IN A UNIVERSITY OR A POST-SECONDARY SCHOOL 23 ACCREDITED OR CERTIFIED BY AN AGENCY RECOGNIZED BY THE UNITED 24 STATES DEPARTMENT OF EDUCATION, A NATIONALLY RECOGNIZED 25 ACCREDITING AGENCY OR ASSOCIATION, OR THE “PRIVATE 26 OCCUPATIONAL EDUCATION ACT OF 1981”, ARTICLE 64 OF TITLE 23;

27 (C) IS PARTICIPATING IN A CULINARY ART, FOOD SERVICE, OR 28 RESTAURANT MANAGEMENT DEGREE PROGRAM; AND

29 (D) TASTES BUT DOES NOT IMBIBE THE ALCOHOL BEVERAGE FOR 30 INSTRUCTIONAL PURPOSES AS A PART OF A REQUIRED COURSE IN WHICH 31 THE ALCOHOL BEVERAGE, EXCEPTION THE PORTION THE STUDENT 32 TASTES, REMAINS UNDER THE CONTROL OF THE INSTRUCTOR.

33 34 6-4-102: SALE OR DISPENSING OF ALCOHOLIC BEVERAGES TO ANY PERSON 35 UNDER TWENTY-ONE: 36 Ordinance No. 12 Series, 2020 Page 22

1 (A) It shall be unlawful for any person to sell, serve, give away, dispose of, exchange or deliver 2 or permit the sale, serving, or giving OR PROCURING of ethyl alcohol to or for any person 3 under the age of twenty-one (21) years. A violation of this subsection shall be a strict liability 4 offense.

5 (B) During any trial for a violation of subsection (A) of this section, any bottle, can, or any other 6 container with labeling indicating the contents of such bottle, can, or container shall be 7 admissible into evidence, and the information, or testimony regarding the information, 8 contained on any label on such bottle, can, or other container shall be admissible into 9 evidence and shall not constitute hearsay. The trier of fact may consider the information upon 10 such label in determining whether the contents of the bottle, can, or other container were 11 composed in whole or in part of ethyl alcohol. A label which identifies the contents of any 12 bottle, can, or other container as "beer", "ale", "malt beverage", "fermented malt beverage", 13 "malt liquor", "wine", "champagne", "whiskey" or "whisky", "gin", "vodka", "tequila", 14 "schnapps", "brandy", "cognac", "liqueur", "cordial", "alcohol", or "liquor" shall constitute 15 prima facie evidence that the contents of the bottle, can, or other container contained, in 16 whole or in part, ethyl alcohol.

17 (C) It shall be an affirmative defense to this section if a parent or legal guardian of a person 18 under twenty one (21) years of age or any natural person who has the permission of such 19 parent or legal guardian gives or permits the possession and consumption of ethyl alcohol to 20 or by a person under the age of twenty one (21) years under the conditions described in 21 paragraph (A) of subsection (3) of Colorado Revised Statutes 18-13-122. This subsection 22 shall not be construed to permit any establishment which is or is required to be licensed 23 pursuant to article 46, 47, or 48 of title 12, 3 OF TITLE 44, Colorado Revised Statutes, or 24 any members, employees, or occupants of any such establishment to give, provide, make 25 available, or sell ethyl alcohol to a person under twenty-one (21) years of age.

26 27 6-4-104: POSSESSION AND CONSUMPTION OF MARIJUANA: 28 29 (A) Age Restriction: It shall be unlawful for any person less than twenty-one (21) years of age to 30 possess marijuana. Full compliance with the provisions of article XVIII, section 14, of the 31 Colorado Constitution and with the provisions of the Colorado Medical Marijuana Code 32 contained in article 43.3 of title 12 of the Colorado Revised Statutes 25-1.5-106 (2.5) AND 33 (14) shall constitute an affirmative defense to a charge under this provision.

34 (B) Possession: Unless otherwise provided by law, it shall be unlawful for any person regardless 35 of age to possess more than one ounce of marijuana.

36 (C) Public Consumption Unlawful: It shall be unlawful for any person to openly and publicly 37 consume marijuana. (Ord. 26, Series of 2013)

38 (D) Cultivation: Ordinance No. 12 Series, 2020 Page 23

1 1. Except for a person who lawfully cultivates medical marijuana pursuant to the authority 2 granted in section 14 of article XVIII of the State Constitution, it shall be unlawful for a 3 person under twenty one (21) years of age to knowingly cultivate, grow or produce marijuana 4 plants or knowingly allow marijuana plants to be cultivated, grown or produced on land that 5 the person owns, occupies or controls.

6 2. Except for a person who lawfully cultivates medical marijuana pursuant to the authority 7 granted in article XVIII, section 14, of the Colorado Constitution, it shall be unlawful for a 8 person twenty one (21) years of age or older to:

9 (a) Knowingly cultivate or have growing at any one time in excess of six (6) marijuana 10 plants per resident, regardless of their stage of development; or

11 (b) Knowingly cultivate, grow, or produce more than twelve (12) marijuana plants on or 12 in a residential property; or to knowingly allow more than twelve (12) marijuana plants to 13 be cultivated, grown, or produced on or in a residential property; or

14 (c) To knowingly be cultivating or growing more than three (3) mature flowering 15 marijuana plants at any one time; or

16 (d) To knowingly cultivate or grow any marijuana plants in violation of provisions set 17 forth in title 3 of this Code; or

18 (e) To knowingly cultivate or grow any marijuana plants in any area that is not an 19 enclosed locked space, not in public view, and which space does not reasonably preclude 20 access to those plants by persons not lawfully entitled to possess or grow such plants. 21 (Ord. 30, Series of 2018)

22 (E) Penalties:

23 1. Persons who are convicted, plead guilty or no contest to possession of less than two (2) 24 ounces of marijuana under subsections (A) and (B) of this section shall be punished by a fine 25 not to exceed one hundred dollars ($100.00).

26 2. Persons who are convicted, plead guilty or no contest to possession of more than two (2) 27 ounces of marijuana or to a violation of subsection (C) or (D) of this section shall be 28 punished, at a minimum, by a fine of not less than one hundred dollars ($100.00) or, at a 29 maximum, by a fine of not more than one hundred dollars ($100.00) and twenty four (24) 30 hours of community service.

31 (F) Surcharge: Any person convicted of a violation of this section and/or section 6-4-105 of this 32 chapter shall be subject to a surcharge of fifty dollars ($50.00) to be paid to the Police 33 Department through the court to offset the cost of destruction of drugs, injection devices and 34 drug paraphernalia. Ordinance No. 12 Series, 2020 Page 24

1 (G) Restrictions: It shall not be an offense under this section for a person twenty one (21) years 2 of age or older to possess, grow, process, or transport six (6) or fewer marijuana plants, with 3 three (3) or fewer being mature, flowering plants and/or to possess the marijuana produced 4 by the plants on the premises where the plants were grown, provided the growing is not in 5 violation of the provisions set forth in title 3 of this Code and it takes place in an enclosed, 6 locked space and is not conducted openly or publicly and is not made available for sale.

7 (H) A PERSON IS IMMUNE FROM ARREST AND PROSECUTION FOR A VIOLATION 8 OF SUBSECTIONS (A), (B), AND (C) IF HE OR SHE ESTABLISHES THE 9 FOLLOWING:

10 1. HE OR SHE REPORTS IN GOOD FAITH AN EMERGENCY DRUG OR 11 ALCOHOL OVERDOSE EVENT TO A LAW ENFORCEMENT OFFICER, TO THE 12 911 SYSTEM, OR TO A MEDICAL PROVIDER;

13 2. HE OR SHE REMAINS AT THE SCENE OF THE EVENT UNTIL A LAW 14 ENFORCEMENT OFFICER OR AN EMERGENCY MEDICAL RESPONDER 15 ARRIVES, OR THE PERSON REMAINS AT THE FACILITIES OF THE MEDICAL 16 PROVIDER UNTIL A LAW ENFORCEMENT OFFICER ARRIVES;

17 3. HE OR SHE IDENTIFIES HIMSELF OR HERSELF TO, AND COOPERATES 18 WITH, THE LAW ENFORCEMENT OFFICER, EMERGENCY MEDICAL 19 RESPONDER, OR MEDICAL PROVIDER; AND

20 4. THE OFFENSE ARISES FROM THE SAME COURSE OF EVENTS FROM 21 WHICH THE EMERGENCY DRUG OR ALCOHOL OVERDOSE EVENT AROSE.

22 (I) THE IMMUNITY DESCRIBED IN SUBSECTION (H) ALSO EXTENDS TO THE 23 PERSON WHO SUFFERED THE EMERGENCY DRUG OR ALCOHOL OVERDOSE 24 EVENT IF ALL THE CONDITIONS OF SUBSECTION (H) ARE SATISFIED.

25 (J) NOTHING IN SUBSECTIONS (H) OR (I) SHALL BE INTERPRETED TO LIMIT THE 26 ABILITY OF A PROSECUTOR OR A LAW ENFORCEMENT OFFICER TO OBTAIN 27 OR USE EVIDENCE OBTAINED FROM A REPORT, RECORDING, OR ANY OTHER 28 STATEMENT PROVIDED PURSUANT TO SUBSECTION (H) TO INVESTIGATE AND 29 PROSECUTE A VIOLATION OTHER THAN THE VIOLATION LISTED IN 30 SUBSECTIONS (A), (B), OR (C).

31 6-4-105: DRUG PARAPHERNALIA: 32 33 (A) Possession: A person commits possession of drug paraphernalia if he or she possesses drug 34 paraphernalia and knows or reasonably should know that the drug paraphernalia could be 35 used under circumstances in violation of this Code or the laws of this State. Ordinance No. 12 Series, 2020 Page 25

1 (B) Manufacture, Sale, Or Delivery: It shall be unlawful for any person to sell or deliver, possess 2 with intent to sell or deliver, or manufacture with intent to sell or deliver equipment, 3 products, or materials knowing or under circumstances where one should reasonably know 4 that such equipment, products, or materials could be used as drug paraphernalia.

5 (C) Advertisement: It shall be unlawful for any person to place an advertisement in any 6 newspaper, magazine, handbill, other publication or display with the intent thereby to 7 promote the sale within the City of equipment, products, or materials designed and intended 8 for use as drug paraphernalia.

9 (D) Marijuana Accessories: It shall not be a violation of this section if the person is twenty-one 10 (21) years of age or older and all drug paraphernalia involved are solely marijuana 11 accessories.

12 13 (E) Penalty: Persons who are convicted, plead guilty or no contest to a violation of this section 14 shall be punished by a fine not to exceed one hundred dollars ($100.00).

15 (F) SURCHARGE: ANY PERSON CONVICTED OF A VIOLATION OF THIS SECTION 16 SHALL BE SUBJECT TO A SURCHARGE OF FIFTY DOLLARS ($50.00) TO BE PAID TO 17 THE POLICE DEPARTMENT THROUGH THE COURT TO OFFSET THE COST OF 18 DESTRUCTION OF DRUGS, INJECTION DEVICES AND DRUG PARAPHERNALIA.

19 (G) A PERSON IS IMMUNE FROM ARREST AND PROSECUTION FOR A VIOLATION 20 OF SUBSECTIONS (A) IF HE OR SHE ESTABLISHES THE FOLLOWING:

21 1. HE OR SHE REPORTS IN GOOD FAITH AN EMERGENCY DRUG OR 22 ALCOHOL OVERDOSE EVENT TO A LAW ENFORCEMENT OFFICER, TO THE 23 911 SYSTEM, OR TO A MEDICAL PROVIDER;

24 2. HE OR SHE REMAINS AT THE SCENE OF THE EVENT UNTIL A LAW 25 ENFORCEMENT OFFICER OR AN EMERGENCY MEDICAL RESPONDER 26 ARRIVES, OR THE PERSON REMAINS AT THE FACILITIES OF THE MEDICAL 27 PROVIDER UNTIL A LAW ENFORCEMENT OFFICER ARRIVES;

28 3. HE OR SHE IDENTIFIES HIMSELF OR HERSELF TO, AND COOPERATES 29 WITH, THE LAW ENFORCEMENT OFFICER, EMERGENCY MEDICAL 30 RESPONDER, OR MEDICAL PROVIDER; AND

31 4. THE OFFENSE ARISES FROM THE SAME COURSE OF EVENTS FROM 32 WHICH THE EMERGENCY DRUG OR ALCOHOL OVERDOSE EVENT AROSE.

33 (H) THE IMMUNITY DESCRIBED IN SUBSECTION (G) ALSO EXTENDS TO THE 34 PERSON WHO SUFFERED THE EMERGENCY DRUG OR ALCOHOL OVERDOSE Ordinance No. 12 Series, 2020 Page 26

1 EVENT IF ALL THE CONDITIONS OF SUBSECTION (G) ARE SATISFIED.

2 (I) NOTHING IN SUBSECTIONS (G) OR (H) SHALL BE INTERPRETED TO LIMIT THE 3 ABILITY OF A PROSECUTOR OR A LAW ENFORCEMENT OFFICER TO OBTAIN 4 OR USE EVIDENCE OBTAINED FROM A REPORT, RECORDING, OR ANY OTHER 5 STATEMENT PROVIDED PURSUANT TO SUBSECTION (G) TO INVESTIGATE AND 6 PROSECUTE A VIOLATION OTHER THAN THE VIOLATION LISTED IN 7 SUBSECTION (A).

8 6-4-106: UNLAWFUL SALE AND/OR PUBLIC CONSUMPTION OF SYNTHETIC 9 COCAINE: 10 11 (A) It is unlawful for any person to sell, market, offer for sale or publicly consume synthetic 12 cocaine.

13 (B) It is unlawful for any person to display, burn, incinerate, or ignite synthetic cocaine in any 14 public place or on any property owned, leased, or controlled by the City of Littleton.

15 (C) It is unlawful for any person, entity, business, or retail establishment to sell, publicly display 16 for sale, or attempt to sell, give, or barter synthetic cocaine. (Ord. 14, Series of 2012)

17 6-4-107: PROHIBITION OF OPEN MARIJUANA CONTAINERS 18 19 IT SHALL BE UNLAWFUL FOR ANY PERSON OR PERSONS, WHILE ON OR IN A 20 MOTOR VEHICLE, IN ANY PUBLIC PLACE, TO POSSESS ANY OPEN MARIJUANA 21 CONTAINERS. 22

23 6-4-121: OBSTRUCTING PEACE OFFICER, OR FIREFIGHTER, EMERGENCY 24 MEDICAL SERVICE PROVIDER, RESCUE SPECIALIST, OR VOLUNTEER:

25 26 (A) PEACE OFFICER: A person commits obstructing a peace officer or firefighter when, by 27 using or threatening to use violence, force, or physical interference or obstacle, he or she 28 knowingly obstructs, impairs, or hinders the investigation or enforcement of any law or 29 the preservation of the peace by a peace officer, acting under the color of official 30 authority, or knowingly obstructs, impairs, or hinders the prevention, control, or 31 abatement of fire by a firefighter, acting under color of official authority. 32 33 (B) FIREFIGHTER: A PERSON COMMITS OBSTRUCTING A FIREFIGHTER WHEN, 34 BY USING OR THREATENING TO USE VIOLENCE, FORCE, OR PHYSICAL 35 INTERFERENCE OR OBSTACLE, HE OR SHE KNOWINGLY OBSTRUCTS, 36 IMPAIRS, OR HINDERS THE PREVENTION, CONTROL, OR ABATEMENT OF Ordinance No. 12 Series, 2020 Page 27

1 FIRE BY A FIREFIGHTER, ACTING UNDER THE COLOR OF OFFICIAL 2 AUTHORITY. 3 4 (C) EMERGENCY MEDICAL SERVICE PROVIDER OR RESCUE SPECIALIST: A 5 PERSON COMMITS OBSTRUCTING AN EMERGENCY MEDICAL SERVICE 6 PROVIDER OR RESCUE SPECIALIST WHEN, BY USING OR THREATENING TO 7 USE VIOLENCE, FORCE, OR PHYSICAL INTERFERENCE OR OBSTACLE, HE 8 OR SHE KNOWINGLY OBSTRUCTS, IMPAIRS, OR HINDERS THE 9 ADMINISTRATION OF MEDICAL TREATMENT OR EMERGENCY ASSISTANCE 10 BY AN EMERGENCY MEDICAL SERVICE PROVIDER OR RESCUE SPECIALIST, 11 ACTING UNDER THE COLOR OF OFFICIAL AUTHORITY. 12 13 (D) VOLUNTEER: A PERSON COMMITS OBSTRUCTING A VOLUNTEER WHEN, BY 14 USING OR THREATENING TO USE VIOLENCE, FORCE, OR PHYSICAL 15 INTERFERENCE OR OBSTACLE, HE OR SHE KNOWINGLY OBSTRUCTS, 16 IMPAIRS, OR HINDERS THE ADMINISTRATION OF EMERGENCY CARE OR 17 EMERGENCY ASSISTANCE BY A VOLUNTEER, ACTING IN GOOD FAITH TO 18 RENDER SUCH CARE OR ASSISTANCE WITHOUT COMPENSATION AT THE 19 PLACE OF AN EMERGENCY OR ACCIDENT.

20 (B) (E)To ensure that animals used in law enforcement or fire prevention activities are protected 21 from harm, a person commits obstructing a peace officer or firefighter when, by using or 22 threatening to use violence, force, physical interference, or obstacle, he or she knowingly 23 obstructs, impairs or hinders any such animal.

24 (C) (F) It is no defense to a charge brought under this section that the peace officer or firefighter 25 was acting in an unlawful manner if the peace officer or firefighter was acting under the color 26 of official authority.

27 6-4-124: FAILURE TO OBEY LAWFUL ORDER: 28 29 It shall be unlawful for any person to fail to obey a lawful order or command by a peace officer, 30 firefighter, marshal, or detention officer acting under the color of official authority which causes 31 or is likely to cause harm or a serious inconvenience. A "serious inconvenience" for purposes of 32 this section shall mean to cause significant disruption to the carrying out of law enforcement 33 commands. (Ord. 14, Series of 2012) 34 35 6-4-127: VIOLATION OF COURT ORDER: 36 37 (A) It shall be unlawful for any person to commit an act which is prohibited by any court 38 pursuant to a valid order issued as part of the proceedings concerning a criminal municipal 39 ordinance violation or issued by a municipal court pursuant to ARTICLE 13 OF TITLE 14 40 OF THE Colorado Revised Statutes 14-4-101 or for such person to fail to perform any act Ordinance No. 12 Series, 2020 Page 28

1 mandated by such an order, after such person has been personally served with any such order 2 or otherwise acquired from the court actual knowledge of the contents of any such order.

3 (B) Any sentence imposed for violation of subsection (A) of this section shall run consecutively 4 and not concurrently with any sentence imposed for any crime which gave rise to the issuing 5 of the order.

6 (C) Nothing in this section shall be construed to alter or diminish the inherent authority of the 7 municipal court to enforce its orders through civil or criminal contempt proceedings.

8 6-4-128: OBSTRUCTING MUNICIPAL GOVERNMENTAL OPERATIONS: 9 10 (A) It shall be unlawful for any person to WILLFULLY obstruct Municipal governmental 11 operations if that person intentionally obstructs, impairs or hinders the performance of a 12 LAWFUL Municipal governmental function by a City employee by using or threatening to 13 use violence, force, or physical interference or obstacle.

14 (B) It shall be an affirmative defense that: 15 1. The obstruction, impairment, or hindrance was of an unlawful action by a public servant; 16 2. The obstruction, impairment, or hindrance was of the making of an arrest; or 17 3. The obstruction, impairment, or hindrance of governmental function was by lawful activities 18 in connection with a labor dispute with the government. (Ord. 14, Series of 2012) 19 20 21 6-4-129: RESISTING ARREST: 22 23 (A) A PERSON COMMITS RESISTING ARREST IF HE OR SHE KNOWINGLY 24 PREVENTS OR ATTEMPTS TO PREVENT A PEACE OFFICER, ACTING UNDER 25 COLOR OF HIS OR HER OFFICIAL AUTHORITY, FROM EFFECTING AN 26 ARREST OF THE ACTOR OR ANOTHER BY USING OR THREATENING TO USE 27 PHYSICAL FORCE OR VIOLENCE AGAINST THE PEACE OFFICER OR 28 ANOTHER, OR BY USING ANY OTHER MEANS WHICH CREATES A 29 SUBSTANTIAL RISK OF CAUSING BODILY INJURY TO THE PEACE OFFICER 30 OR ANOTHER. 31 (B) IT IS NO DEFENSE TO A PROSECUTION UNDER SUBSECTION (A) THAT THE 32 PEACE OFFICER WAS ATTEMPTING TO MAKE AN UNLAWFUL ARREST, IF 33 HE WAS ACTING UNDER THE COLOR OF HIS OFFICIAL AUTHORITY, AND IN 34 ATTEMPTING TO MAKE THE ARREST HE WAS NOT RESORTING TO 35 UNREASONABLE OR EXCESSIVE FORCE GIVING RISE TO THE RIGHT OF 36 SELF-DEFENSE. 37 (C) THE TERM “PEACE OFFICER” AS USED IN THIS SECTION MEANS A PEACE 38 OFFICER IN UNIFORM OR, IF OUT OF UNIFORM, ONE WHO HAS IDENTIFIED 39 HIMSELF BY EXHIBITING HIS CREDENTIALS AS SUCH PEACE OFFICER TO 40 THE PERSON WHOSE ARREST IS ATTEMPTED. Ordinance No. 12 Series, 2020 Page 29

1 2 3 6-4-130: IMPROPER USE OF THE 911 EMERGENCY COMMUNICATIONS SYSTEM 4 (A) IT SHALL BE UNLAWFUL FOR ANY PERSON TO INTENTIONALLY CALL THE 5 911 EMERGENCY NUMBER AND: 6 1) KNOWINGLY PROVIDE FALSE INFORMATION; OR 7 2) PROVIDE NO INFORMATION AS A PRANK, OR 8 3) REQUEST EMERGENCY ASSISTANCE WHEN NO ACTUAL EMERGENCY 9 EXISTS. 10 11 (B) THIS SECTION SHALL NOT APPLY WHERE A PERSON CALLS THE 911 12 EMERGENCY NUMBER AND MAKES A GOOD FAITH REQUEST FOR 13 EMERGENCY ASSISTANCE BASED ON A REASONABLE FACTUAL BASIS 14 THAT AN EMERGENCY SITUATION EXISTS. 15

16 6-4-151: DEFINITIONS:

17 18 ADULT: Any person eighteen (18) years of age or older. 19 20 BALLISTIC KNIFE: Any knife that has a blade which is forcefully projected from the handle by 21 means of a spring loaded device or explosive charge. 22 23 BLACKJACK: Any billy, sand club, sandbag or other hand operated striking weapon consisting, 24 at the striking end, of an encased piece of lead or other heavy substance and, at the handle end, a 25 strap or springy shaft which increases the force of impact. 26 27 BOMB: Any explosive or incendiary device or molotov cocktail as defined by State law, or any 28 chemical device which causes or can cause an explosion, which is not specifically designed for 29 lawful and legitimate use in the hands of its possessor. 30 31 DANGEROUS WEAPON: A firearm silencer, machine gun, short shotgun, short rifle, or 32 ballistic knife. 33 34 DEADLY WEAPON: Any of the following which in the manner it is used or intended to be used 35 is capable of producing death or serious bodily injury:

36 (A) A firearm, whether loaded or unloaded; 37 (B) A knife; 38 (C) A bludgeon; or Ordinance No. 12 Series, 2020 Page 30

1 (D) Any other weapon, device, instrument, material, or substance, whether animate or 2 inanimate.

3 FIREARM: ANY HANDGUN, AUTOMATIC, REVOLVER, PISTOL, RIFLE, SHOTGUN, 4 OR OTHER INSTRUMENT OR DEVICE CAPABLE OR INTENDED TO BE CAPABLE OF 5 DISCHARGING BULLETS, CARTRIDGES, OR OTHER EXPLOSIVE CHARGES.

6 FIREARM SILENCER: Any instrument, attachment, weapon, or appliance for causing the firing 7 of any gun, revolver, pistol, or other firearm to be silent or intended to lessen or muffle the noise 8 of the firing of any such weapon. 9 10 GAS GUN: A device designed for projecting gas filled projectiles which release their contents 11 after having been projected from the device and includes projectiles designed for use in such a 12 device. 13 14 HANDGUN: A pistol, revolver, or other firearm of any description, loaded or unloaded, from 15 which any shot, bullet, or other missile can be discharged, the length of the barrel of which, not 16 including any revolving, detachable, or magazine breech, does not exceed twelve inches (12"). 17 18 ILLEGAL WEAPON: A blackjack, bomb, firearm silencer, gas gun, nunchaku, machine gun, 19 short shotgun, short rifle, metallic knuckles, or throwing star. 20 21 JUVENILE: Any person under the age of eighteen (18) years. 22 1 23 KNIFE: Any dagger, dirk, knife, or stiletto with a blade over three and one-half inches (3 /2") in 24 length, or any other dangerous instrument capable of inflicting cutting, stabbing, or tearing 25 wounds, but does not include a hunting or fishing knife carried for sports use. The issue that a 26 knife is a hunting or fishing knife must be raised as an affirmative defense. 27 28 MACHINE GUN: Any firearm, whatever its size and usual designation, that shoots 29 automatically more than one shot, without manual reloading by a single function of the trigger. 30 31 NUNCHAKU: An instrument consisting of two (2) sticks, clubs, bars or rods to be used as 32 handles, connected by a rope, cord, wire, or chain, which is in the design of a weapon used in 33 connection with the practice of a system of self-defense. 34 35 SHORT RIFLE: A rifle having a barrel less than sixteen inches (16") long or an overall length of 36 less than twenty six inches (26"). 37 38 SHORT SHOTGUN: A shotgun having a barrel or barrels less than eighteen inches (18") long or 39 an overall length of less than twenty six inches (26"). 40 41 THROWING STAR: A disk having sharp radiating points or any disk shaped blade object which Ordinance No. 12 Series, 2020 Page 31

1 is handheld and thrown and which is in the design of a weapon used in connection with the 2 practice of a system of self-defense.

3 6-4-152: CONCEALING OR DISPLAYING IN THREATENING MANNER: 4 CONCEALED WEAPONS 5 6 (A) It shall be unlawful for any person to wear under his clothes, or concealed about his person, 7 or to display in a threatening manner, any dangerous or deadly weapon, including, but not by 8 way of limitation, any pistol, revolver, slingshot, cross knuckles or knuckles of lead, brass or 9 other metal, or any bowie knife, dirk, dagger or any knife resembling a bowie knife, or any other 10 dangerous or deadly weapon. (Ord. 28, Series of 2017) KNIFE: IT SHALL BE UNLAWFUL 11 FOR ANY PERSON TO KNOWINGLY CARRY A KNIFE CONCEALED ON OR ABOUT 12 HIS OR HER PERSON.

13 (B) Nothing in this section shall be construed to forbid any law enforcement officer from 14 carrying or wearing, while on duty, such weapons as shall be necessary in the proper discharge 15 of his duties, nor shall this section be construed so as to prevent the concealed carrying of any 16 type of gun when unloaded and properly carried to or from any shooting range or gallery. 17 FIREARM: IT SHALL BE UNLAWFUL FOR ANY PERSON TO KNOWINGLY CARRY A 18 FIREARM CONCEALED ON OR ABOUT HIS OR HER PERSON.

19 (C) Other than the displaying of a weapon in a threatening manner of subsection (A) of this 20 section, it shall not be an offense to subsection (A) of this section if a knife or firearm, as defined 21 in Colorado Revised Statutes section 18-1-901, is possessed or concealed in a manner that is 22 lawful under Colorado Revised Statutes article 12, title 18. IT SHALL NOT BE AN OFFENSE 23 UNDER SUBSECTIONS (A) OR (B) IF THE PERSON:

24 1. IS IN HIS OR HER OWN DWELLING OR PLACE OF BUSINESS OR ON 25 PROPERTY OWNED OR UNDER HIS OR HER CONTROL AT THE TIME OF 26 THE ACT OF CARRYING; OR 27 2. IS IN A PRIVATE AUTOMOBILE OR OTHER PRIVATE MEANS OF 28 CONVEYANCE WHO CARRIES A WEAPON FOR LAWFUL PROTECTION OF 29 SUCH PERSON’S OR ANOTHER’S PERSON OR PROPERTY WHILE 30 TRAVELING; OR 31 3. AT THE TIME OF CARRYING A CONCEALED WEAPON, HELD A VALID 32 WRITTEN PERMIT TO CARRY A CONCEALED WEAPON ISSUED 33 PURSUANT TO COLORADO STATE STATUTE (18-12-214) AND IS IN FULL 34 COMPLIANCE WITH THE REQUIREMENTS OF THAT STATUTE; OR 35 4. IS A PEACE OFFICER, WHEN CARRYING A WEAPON IN CONFORMANCE 36 WITH THE POLICY OF THE EMPLOYING AGENCY; OR 37 5. IS A UNITED STATES PROBATION OFFICER OR A UNITED STATES 38 PRETRIAL SERVICES OFFICER WHILE ON DUTY AND SERVING IN THE 39 STATE OF COLORADO UNDER THE AUTHORITY OF RULES AND Ordinance No. 12 Series, 2020 Page 32

1 REGULATIONS PROMULGATED BY THE JUDICIAL CONFERENCE OF THE 2 UNITED STATES.

3 6-4-158: ILLEGAL WEAPONS: 4 5 It shall be unlawful for any person, other than a peace officer or member of the armed forces of 6 the United States or Colorado national guard while acting in the lawful discharge of his duties or 7 a person who has a valid permit and license issued pursuant to the federal code for such weapon, 8 to knowingly possess an illegal weapon. The exceptions in this section shall be an affirmative 9 defense. 10 (A) IT SHALL BE UNLAWFUL FOR ANY PERSON TO KNOWINGLY POSSESS AN 11 ILLEGAL WEAPON. 12 13 (B) IT IS AN AFFIRMATIVE DEFENSE TO SUBSECTION (A) IF THE PERSON IS A 14 PEACE OFFICER OR MEMBER OF THE ARMED FORCES OF THE UNITED 15 STATES OR COLORADO NATIONAL GUARD ACTING IN THE LAWFUL 16 DISCHARGE OF HIS DUTIES, OR IF THE PERSON HAS A VALID PERMIT AND 17 LICENSE FOR POSSESSION OF SUCH WEAPON. 18 19 20 6-4-160: FIREARMS PROHIBITED IN OR UPON PUBLIC FACILITIES: 21 22 (A) The open carrying of firearms in or upon public facilities including, but not limited to: 23 buildings, sites, areas, including municipally owned, operated, or leased buildings or 24 properties; recreation facilities; and public parks, trails, or open space is unlawful when said 25 facilities are posted with notification that the carrying of firearms is prohibited.

26 (B) Postings, including the appearance thereof, shall be approved by the city council.

27 (C) Nothing in this section shall be construed to forbid any law enforcement officer from 28 carrying or wearing such weapons and firearms as shall be necessary in the proper discharge 29 of his or her duties.

30 (D) It shall not be an offense of this section if a knife or firearm, as defined in Colorado Revised 31 Statutes section 18-1-901, is possessed or concealed in a manner that is lawful under 32 Colorado Revised Statutes article 12, title 18.

34 6-4-184: SALE OR POSSESSION OF TOBACCO: 35 36 (A) It shall be unlawful for any person to knowingly furnish to any person who is under eighteen 37 (18) TWENTY-ONE (21) years of age, by gift, sale, or any other means, any cigarettes, or Ordinance No. 12 Series, 2020 Page 33

1 tobacco products, OR NICOTINE PRODUCT. It shall be an affirmative defense to a 2 prosecution under this subsection that the person furnishing the cigarettes, or tobacco 3 product, OR NICOTINE PRODUCT was presented with and reasonably relied upon a 4 document which identified the person receiving the cigarettes, or tobacco product, OR 5 NICOTINE PRODUCT as being eighteen (18) TWENTY-ONE (21) years of age or older.

6 (B) It shall be unlawful for any person who is under eighteen (18) TWENTY-ONE (21) years of 7 age to possess, purchase or attempt to purchase or sell any cigarettes, or tobacco products, 8 OR NICOTINE PRODUCT. It shall not be an offense under this section if the person under 9 eighteen (18) TWENTY-ONE (21) years of age was acting at the direction of an employee 10 of a governmental agency authorized to enforce or ensure compliance with laws relating to 11 the prohibition of the sale of cigarettes, and tobacco products AND NICOTINE 12 PRODUCTS to minors.

13 (C) AS USED IN THIS SECTION, “CIGARETTE, TOBACCO PRODUCT, OR NICOTINE 14 PRODUCT” MEANS:

15 1) A PRODUCT THAT CONTAINS NICOTINE OR TOBACCO, OR IS DERIVED FROM 16 TOBACCO, AND IS INTENDED TO BE INGESTED OR INHALED BY, OR APPLIED 17 TO THE SKIN OF, AN INDIVIDUAL; OR

18 2) ANY DEVICE THAT CAN BE USED TO DELIVER TOBACCO OR NICOTINE TO 19 THE PERSON INHALING FROM THE DEVICE, INCLUDING A CIGAR, CIGARILLO, 20 PIPE, OR ELECTRONIC SMOKING DEVICE (ESD) AS DEFINED IN SECTION 6-10-1 21 OF THIS TITLE.

22 6-9-5: UNLAWFUL CONDUCT ON RIVER: 23 24 (A) The city manager may, in his discretion, order closed any river, tributary, creek, or stream 25 when said body of water constitutes or may constitute a hazard to human life or safety. For 26 purposes of this section such closure shall not apply to whitewater canoes or kayaks. Said 27 closure may apply to swimming, wading or to the use of any vessel or flotation device 28 including, but not limited to: aquaplanes, inner tubes, air mattresses, inflatable rafts, 29 rowboats, personal flotation devices, sailboats, or any motorized or other watercraft. It shall 30 be unlawful for any person having actual or constructive knowledge of the closure of any 31 body of water, excepting whitewater canoeists or kayakers, to be in or upon any body of 32 water which is ordered closed pursuant to this section.

33 34 (B) It shall be unlawful for any person to operate, manipulate, or ride any device as illustrated by 35 subsection (A) of this section, and including whitewater canoes and kayaks, above or on any 36 body of water within the city while under the influence of alcohol, a controlled substance as 37 defined in section 12-22-303(7) 18-18-102(5)Colorado Revised Statutes, or any other drug or 38 combination thereof, which renders him incapable of the safe operation of such device. Ordinance No. 12 Series, 2020 Page 34

1 (C) It shall be unlawful for any person to operate, manipulate, or ride any device as illustrated by 2 subsection (A) of this section, and including whitewater canoes and kayaks, in a careless or 3 imprudent manner without due regard for attendant circumstances so as to endanger any 4 person, property or wildlife.

5 (D) It shall be unlawful for any person to operate, manipulate, or ride any device as illustrated by 6 subsection (A) of this section, and including whitewater canoes and kayaks, in such a manner 7 as to indicate either a wanton or wilful disregard for the safety of any person, property or 8 wildlife.

9 6-10-1: DEFINITIONS:

10 As used in this chapter, unless the context otherwise requires: 11 12 AUDITORIUM: The part of a public building where an audience gathers to attend a 13 performance, and includes any corridors, hallways, or lobbies adjacent thereto. 14 15 BAR: Any indoor area that is operated and licensed under article 47 of title 12 ARTICLE 3 16 TITLE 44, Colorado Revised Statutes, primarily for the sale and service of alcoholic beverages 17 for on premises consumption and where the service of food is secondary to the consumption of 18 such beverages. 19 20 ELECTRONIC SMOKING DEVICE (ESD): ANY PRODUCT THAT CONTAINS OR 21 DELIVERS NICOTINE OR ANY OTHER SUBSTANCE INTENDED FOR HUMAN 22 CONSUMPTION AND THAT CAN BE USED BY A PERSON TO ENABLE THE 23 INHALATION OF VAPOR OR AEROSOL FROM THE PRODUCT. INCLUDES ANY 24 PRODUCT OR DEVICE, WHETHER MANUFACTURED, DISTRIBUTED, MARKETED, 25 OR SOLD AS AN E-CIGARETTE, E-CIGAR, E-PIPE, E-HOOKAH, OR VAPE PEN OR 26 UNDER ANY OTHER PRODUCT NAME OR DESCRIPTOR. IT DOES NOT INCLUDE A 27 HUMIDIFIER OR SIMILAR DEVICE THAT EMITS ONLY WATER VAPOR, OR AN 28 INHALER, NEBULIZER, OR VAPORIZER THAT IS APPROVED BY THE FEDERAL 29 FOOD AND DRUG ADMINISTRATION FOR THE DELIVERY OF MEDICATION.

30 EMPLOYEE: Any person who:

31 (A) Performs any type of work for benefit of another in consideration of direct or indirect wages 32 or profit; or 33 (B) Provides uncompensated work or services to a business or nonprofit entity. 34 "Employee" includes every person described herein, regardless of whether such person is 35 referred to as an employee, contractor, independent contractor, or volunteer or by any other 36 designation or title.

37 EMPLOYER: Any person, partnership, association, corporation, or nonprofit entity that employs 38 one or more persons. "Employer" includes, without limitation, the legislative, executive, and Ordinance No. 12 Series, 2020 Page 35

1 judicial branches of state government; any county, city and county, city, or town, or 2 instrumentality thereof, or any other political subdivision of the state, special district, authority, 3 commission, or agency; or any other separate corporate instrumentality or unit of state or local 4 government. 5 6 ENTRYWAY: The outside of the front or main doorway leading into a building or facility that is 7 not exempted from this chapter under section 6-10-3 of this chapter. "Entryway" also includes 8 the area of public or private property within a radius of fifteen feet (15') outside of the doorway. 9 10 ENVIRONMENTAL TOBACCO SMOKE, ETS, OR SECONDHAND SMOKE: The complex 11 mixture formed from the escaping smoke of a burning tobacco product, also known as 12 "sidestream smoke", and smoke exhaled by the smoker. 13 14 FOOD SERVICE ESTABLISHMENT: Any indoor area or portion thereof in which the principal 15 business is the sale of food for on premises consumption. The term includes, without limitation, 16 restaurants, cafeterias, coffee shops, diners, sandwich shops, and short order cafes. 17 18 INDOOR AREA: Any enclosed area or portion thereof. The opening of windows or doors, or the 19 temporary removal of wall panels, does not convert an indoor area into an outdoor area. 20 21 MARIJUANA: Has the same meaning as in section 16(2)(f) of article XVIII of the state 22 constitution. 23 24 PLACE OF EMPLOYMENT: Any indoor area or portion thereof under the control of an 25 employer in which employees of the employer perform services for, or on behalf of, the 26 employer. 27 28 PUBLIC BUILDING: Any building owned or operated by:

29 (A) The state, including the legislative, executive, and judicial branches of state government; 30 (B) Any county, city and county, city, or town, or instrumentality thereof, or any other political 31 subdivision of the state, a special district, an authority, a commission, or an agency; or 32 (C) Any other separate corporate instrumentality or unit of state or local government.

33 PUBLIC MEETING: Any meeting open to the public pursuant to part 4 of article 6 of title 24, 34 Colorado Revised Statutes, or any other law of this state. 35 36 SMOKE FREE WORK AREA: An indoor area in a place of employment where smoking is 37 prohibited under this chapter. 38 39 SMOKING: The burning of a lighted cigarette, cigar, pipe, or any other matter or substance that 40 contains tobacco or marijuana. INHALING, EXHALING, BURNING, OR CARRYING ANY 41 LIGHTED OR HEATED CIGAR, CIGARETTE, OR PIPE OR ANY OTHER LIGHTED OR 42 HEATED TOBACCO OR PLANT PRODUCT INTENDED FOR INHALATION INCLUDING Ordinance No. 12 Series, 2020 Page 36

1 MARIJUANA, WHETHER NATURAL OR SYNTHETIC, IN ANY MANNER OR IN ANY 2 FORM. “SMOKING” ALSO INCLUDES THE USED OF AN ESD. 3 4 TOBACCO: Cigarettes, cigars, cheroots, stogies, and periques; granulated, plug cut, crimp cut, 5 ready rubbed, and other smoking tobacco; snuff and snuff flour; cavendish; plug and twist 6 tobacco; fine cut and other chewing tobacco; shorts, refuse scraps, clippings, cuttings, and 7 sweepings of tobacco; and other kinds and forms of tobacco, prepared in such manner as to be 8 suitable for chewing or for smoking in a cigarette, pipe, electronic smoking device, or otherwise, 9 or both for chewing and smoking. "Tobacco" also includes cloves and any other plant matter or 10 product that is packaged for smoking. 11 12 TOBACCO BUSINESS: A sole proprietorship, corporation, partnership, or other enterprise 13 engaged primarily in the sale, manufacture, or promotion of tobacco, tobacco products, or 14 smoking devices or accessories, INCLUDING ESDS, either at wholesale or retail, and in which 15 the sale, manufacture, or promotion of other products is merely incidental. 16 17 WORK AREA: An area in a place of employment where one or more employees are routinely 18 assigned and perform services for or on behalf of their employer.

19 6-10-2: GENERAL SMOKING RESTRICTIONS: 20 21 Except as provided in section 6-10-3 of this chapter, and in order to reduce the levels of exposure 22 to environmental tobacco and marijuana smoke, smoking IS shall not be permitted and no person 23 shall smoke: 24 25 (A) In any outdoor public area located in the area bounded by the centerlines of S. Rio Grande 26 and Bega Streets on the east; S. Santa Fe Drive on the west; W. Alamo Avenue on the south; 27 and W. Powers Avenue on the north, excluding rooftop and back patios, alleys and privately 28 owned parking lots within such area. For purposes of this subsection, the boundary of W. 29 Powers Avenue shall be treated as if it extended to S. Santa Fe Drive; and

30 (B) In any indoor area, including, but not limited to:

31 1. Public meeting places; 32 2. Elevators; 33 3. Government owned or operated means of mass transportation, including, but not limited to, 34 buses, vans, and trains; 35 4. Taxicabs and limousines; 36 5. Grocery stores; 37 6. Gymnasiums; 38 7. Jury waiting and deliberation rooms; 39 8. Courtrooms; 40 9. Child daycare facilities; Ordinance No. 12 Series, 2020 Page 37

1 10. Healthcare facilities including hospitals, healthcare clinics, doctor's offices, and other 2 healthcare related facilities; 3 11. Any place of employment that is not exempted, WHETHER OR NOT OPEN TO THE 4 PUBLIC AND REGARDLESS OF THE NUMBER OF EMPLOYEES. In the case of employers 5 who own facilities otherwise exempted from this chapter, each such employer shall provide a 6 smoke free work area for each employee requesting not to have to breathe SECONDHAND 7 SMOKE AND EMISSIONS FROM ELECTRONIC SMOKING DEVICES; environmental 8 tobacco smoke. Every employee shall have a right to work in an area free of environmental 9 tobacco smoke; 10 12. Food service establishments; 11 13. Bars; 12 14. Limited gaming facilities and any other facilities in which any gaming or gambling activity is 13 conducted; 14 15. Indoor sports arenas; 15 16. Restrooms, lobbies, hallways, and other common areas in public and private buildings, 16 condominiums, and other multiple-unit residential facilities; 17 17. Restrooms, lobbies, hallways, and other common areas in hotels and motels, and in at least 18 seventy five percent (75%) of the sleeping quarters within a hotel or motel that are rented to 19 guests; HOTEL AND MOTEL ROOMS; 20 18. Bowling alleys; 21 19. Billiard or pool halls; 22 20. Facilities in which games of chance are conducted; 23 21. The common areas of retirement facilities, publicly owned housing facilities, and, nursing 24 homes, but not including any resident's private residential quarters; or areas of assisted living 25 facilities; 26 22. Public buildings; 27 23. Auditoria; 28 24. Theaters; 29 25. Museums; 30 26. Libraries; 31 27. Public and nonpublic schools; 32 28. Other educational and vocational institutions; and 33 29. The entryways of all buildings and facilities listed in subsections (B)1 to (B)28 of this 34 section. ASSISTED LIVING FACILITIES, INCLUDING NURSING FACILITIES AS 35 DEFINED IN SECTION 25.5-4-103, COLORADO REVISED STATUTES, AND ASSISTED 36 LIVING RESIDENCES AS DEFINED IN SECTION 25-27-102; AND 37 30. THE ENTRYWAYS OF ALL BUILDINGS AND FACILITIES LISTED IN 38 SUBSECTIONS (B)(1) TO (B)(29) OF THIS SECTION; AND 39 40 (C) IN ANY OUTDOOR PUBLIC PARK, TRAIL, OR OPEN SPACE.

41 6-10-3: EXCEPTIONS TO SMOKING RESTRICTIONS: 42 43 This chapter shall not apply to: Ordinance No. 12 Series, 2020 Page 38

1 2 (A) Private homes, private residences, and private automobiles; except that this chapter shall 3 apply if any such home, residence, or vehicle is being used for childcare or daycare or if a 4 private vehicle is being used for the public transportation of children or as part of healthcare 5 or daycare transportation;

6 (B) Limousines under private hire;

7 (C) A hotel or motel room rented to one or more guests if the total percentage of such hotel or 8 motel rooms in such hotel or motel does not exceed twenty five percent (25%);

9 (D) Any retail tobacco business; PROVIDED, ANY CIGAR-TOBACCO BAR OR RETAIL 10 TOBACCO BUSINESS SHALL PROHIBIT ENTRY BY ANY PERSON UNDER TWENTY- 11 ONE (21) YEARS OF AGE AND SHALL DISPLAY SIGNAGE IN AT LEAST ONE 12 CONSPICUOUS PLACE AND AT LEAST FOUR INCHES BY SIX INCHES IN SIZE 13 STATING: “SMOKING ALLOWED. CHILDREN UNDER TWENTY-ONE YEARS OF AGE 14 MAY NOT ENTER.”

15 (E) The privately owned outdoor area of any business, except that the entryways of businesses 16 located in a building or facility listed in subsection 6-10-2(B) of this chapter and the outdoor 17 areas referenced in subsection 6-10-2(A) of this chapter shall be subject to the provisions of this 18 chapter;

19 (F) A place of employment that is not open to the public and that is under the control of an 20 employer that employs three (3) or fewer employees;

21 (G) A private, nonresidential building on a farm or ranch, as defined in section 39-1-102, 22 Colorado Revised Statutes, that has annual gross income of less than five hundred thousand 23 dollars ($500,000.00); or

24 (H) The areas of assisted living facilities that are designated for smoking for residents, are fully 25 enclosed and ventilated and to which access is restricted to the residents or their guests. As used 26 in this subsection, "assisted living facility" means a nursing facility, as that term is defined in 27 section 25.5-4-103, Colorado Revised Statutes, and an assisted living residence, as that term is 28 defined in section 25-27-102.

29 6-10-4: OPTIONAL PROHIBITIONS: 30 31 (A) The owner or manager of any place not specifically listed in section 6-10-2 of this chapter, 32 including a place otherwise exempted under section 6-10-3 of this chapter, may post signs 33 prohibiting smoking. or providing smoking and nonsmoking areas. Such posting shall have 34 the effect of including such place, or the designated nonsmoking portion thereof, in the 35 places where smoking is prohibited or restricted pursuant to this chapter. Ordinance No. 12 Series, 2020 Page 39

1 2 (B) If the owner or manager of a place not specifically listed in section 6-10-2 of this chapter, 3 including a place otherwise exempted under section 6-10-3 of this chapter, is an employer 4 and receives a request from an employee to create a smoke free work area as contemplated 5 by subsection 6-10-2(B)11 of this chapter, the owner or manager shall post a sign or signs in 6 the smoke free work area as provided in subsection (A) of this section.

7 6-11-1: DEFINITIONS: 8

9 The following definitions shall apply to this chapter: 10 11 CHILD: An unmarried person who is under eighteen (18) years of age. The term includes a 12 stepchild or an adopted child. 13 14 COMPENSABLE CRIME: An intentional, knowing, reckless, or criminally negligent act of a 15 person that results in residential property damage or damage to a motor vehicle which is not the 16 result of a traffic accident or bodily injury or results in loss of or damage to eyeglasses, dentures, 17 hearing aids, or other prosthetic or medically necessary devices or results in the need for mental 18 health counseling and which is punishable as a crime in this state or as a violation of this code. 19 This term includes federal offenses committed in the city. 20 21 ECONOMIC LOSS: Economic detriment consisting only of allowable expense, net income, or 22 replacement services loss. The term does not include noneconomic detriment. 23 24 INJURY: Actual bodily harm. 25 26 VICTIM: A person who suffers residential property damage or damage to a motor vehicle as a 27 result of a compensable crime which was perpetrated or attempted against him within the city of 28 Littleton; is injured in this city as a result of a compensable crime perpetrated or attempted 29 against him; is injured while not in the city as a result of a compensable crime that began in this 30 city; or is injured in this city while attempting to assist a person against whom a compensable 31 crime is being perpetrated or attempted, if that attempt of assistance would be expected of a 32 reasonable man under the circumstances. 33 34 VICTIM AND WITNESS ASSISTANCE PROGRAM: Programs which provide to victims and 35 witnesses of crimes which occurred within the city, assistance, service, and information, prior to, 36 during, and after the prosecution of such crimes.

37 6-11-2: SURCHARGE LEVIED ON CRIMINAL ACTIONS AND TRAFFIC OFFENSES: 38 39 (A) A ten percent (10%) surcharge is hereby levied on FOR every fine and supervision fee 40 imposed for a violation of this code resulting in a conviction, a deferred prosecution, a 41 deferred judgment and sentence, or a plea of guilty or nolo contendere entered on or after Ordinance No. 12 Series, 2020 Page 40

1 March 1, 2004. IN CASES WHERE A FINE IS IMPOSED, THE SURCHARGE SHALL 2 BE EQUAL TO FIFTEEN PERCENT (15%) OF THE FINE IMPOSED OR A 3 SURCHARGE OF TWENTY-FIVE DOLLARS ($25.00), WHICHEVER AMOUNT IS 4 GREATER. IN CASES WHERE NO FINE IS IMPOSED, THE SURCHARGE SHALL BE 5 TWENTY-FIVE DOLLARS ($25.00). This surcharge shall be paid to the clerk of the court, 6 who shall deposit same in the Littleton victim assistance and law enforcement fund as 7 established by this chapter.

8 (B) This surcharge shall be mandatory and be in addition to any other surcharge, fine, or cost 9 imposed by this code or the court. The surcharge levied by this section may not be suspended 10 or waived by the court unless the court determines that the defendant is indigent. (Ord. 5, 11 Series of 2004)

12 6-12-1: ELECTRONIC CITATION SURCHARGE ESTABLISHED:

13 (A) A surcharge is hereby levied on every violation of this code occurring on or after January 1, 14 2015, and resulting in a conviction, a deferred prosecution, a deferred judgment and 15 sentence, or a plea of guilty or nolo contendere. However, no more than one surcharge shall 16 be assessed per ticket or citation. Such surcharge shall initially be set at TEN DOLLARS 17 ($10.00) SIX dollars seventy five cents ($6.75) but AND thereafter may be amended by 18 council resolution.

19 (B) This surcharge shall be mandatory and be in addition to any other surcharge, fine, or cost 20 imposed by this code or court. The surcharge levied by this section may not be suspended or 21 waived by the court unless the court determines that the defendant is indigent.

22 23 (C) This surcharge shall be paid to the court clerk who shall deposit the same into the general 24 fund for the city of Littleton, provided, however, the amount of the surcharge shall be 25 commensurate with the cost of deploying and maintaining the hardware and software and 26 other related costs required to issue citations electronically. (Ord. 40, Series of 2014)

27 Section 2: Severability. If any part, section, subsection, sentence, clause or 28 phrase of this ordinance is for any reason held to be invalid, such invalidity shall not affect 29 the validity of the remaining sections of this ordinance. The City Council hereby declares 30 that it would have passed this ordinance, including each part, section, subsection, sentence, 31 clause or phrase hereof, irrespective of the fact that one or more parts, sections, subsections, 32 sentences, clauses or phrases may be declared invalid. 33 34 Section 3: Repealer. All ordinances or resolutions, or parts thereof, in conflict 35 with this ordinance are hereby repealed, provided that this repealer shall not repeal the repealer 36 clauses of such ordinance nor revive any ordinance thereby. 37 38 Ordinance No. 12 Series, 2020 Page 41

1 2 INTRODUCED AS A BILL at a regularly scheduled meeting of the City Council

3 of the City of Littleton on the 3rd day of March, 2020, passed on first reading by a vote of ___

4 FOR and ___ AGAINST; and ordered published by posting at Littleton Center, Bemis Library,

5 the Municipal Courthouse and on the City of Littleton Website.

6 PUBLIC HEARING on the Ordinance to take place on the 17th day of March, 2020,

7 in the Council Chamber, Littleton Center, 2255 West Berry Avenue, Littleton, Colorado, at the

8 hour of 6:30 p.m., or as soon thereafter as it may be heard.

10 PASSED on second and final reading, following public hearing, by a vote of FOR

11 and _____ AGAINST on the 17th day of March, 2020 and ordered published by posting at Littleton

12 Center, Bemis Library, the Municipal Courthouse and on the City of Littleton Website.

13 ATTEST:

14 ______15 Colleen L. Norton Jerry Valdes 16 INTERIM CITY CLERK MAYOR 17 18 ______19 Reid Betzing 20 CITY ATTORNEY 21 22 CODE: _Title 6: Police Regulations DATE: ______Chapter 1: Animals and Fowl

Code Section Proposed Change Reason

1 6-1-5-3 Amend maximum jail sentence Align with state law Damage to Property or Habitat Under Remove (A) header Clean up City or Parks District

2 6-1-10 Remove “Muzzle” Term not used in Ch 1, moved to Ch 2 Definitions

Chapter 2: Dogs and Cats

Code Section Proposed Change Reason

3 6-2-1 Add, amend, and delete terms Consistency and clarity Definitions

4 6-2-5 Rename “Dangerous Animals” To prohibit the actual aggressive event as Fierce or Vicious Amend (A) and update terms opposed to just possession of the animal Cats or Dogs Prohibited

5 6-2-10 Remove (B), (C), and (D) Simplify, sections no longer applicable Unlawful to Violate Numbers Restrictions

CODE: _Title 6: Police Regulations DATE: ______

6 6-2-11 Amend term Consistency Impoundment of Dogs and Cats

7 6-2-12 Remove (B) and (D) To simplify and align with general penalties for Penalties for Amend (A) and (C) consistency Violations

8 6-2-13 Add this section in its entirety Allow charging into municipal court Removal of Dog Waste Required

Chapter 4: General Offenses

Code Section Proposed Change Reason

9 6-4-1 Amend and add definitions To clarify and align with state law Definitions

10 6-4-5 Add this section in its entirety Allow charging into municipal court Conspiracy

11 6-4-6 Add this section in its entirety Allow charging into municipal court Solicitation

12 6-4-22 Amend subsections Align with state law Harassment

13 6-4-24 Amend required mental state Align with state law False Imprisonment

CODE: _Title 6: Police Regulations DATE: ______

14 6-4-41 Add language specific to fencing and signs Align with state law and clarify Trespassing

15 6-4-42 Add “personal” to property Clarify and include personal property Criminal Mischief

16 6-4-45 Amend (A) Align with state law Theft Change amount from $1,000 to $2,000

17 6-4-46 Repeal/Replace with Theft Detection Devices Theft by Receiving language is in proposed Theft by Receiving update to 6-4-45. Add new language in its entirety to allow charging into municipal court.

18 6-4-47 Remove language Clean up and remove unnecessary language Motor Vehicle Theft

19 6-4-49 Add this section in its entirety Allow charging into municipal court Criminal Tampering

20 6-4-72 Amend (A) and add (B) Align with state law Disorderly Conduct

21 6-4-73 Repeal Language is overly broad and vague Loitering 22 6-4-81 Add this section in its entirety Allow charging into municipal court Obstruction of Telephone or Telegraph Service

CODE: _Title 6: Police Regulations DATE: ______

23 6-4-101 Add subsections (C) through (F) on immunity Align with state law Unlawful and affirmative defenses Possession or Consumption of Alcoholic Beverages by any Person Under 21 24 6-4-102 Add and amend language/references Align with state law Sale or Dispensing of Alcoholic Beverages to any Person Under 21 25 6-4-104 Amend statute references Align with state law Possession and Add subsections (H) through (J) on immunity Consumption of Marijuana 26 6-4-105 Add subsections (F) through (I) on surcharge Align with state law Drug and immunity Paraphernalia 27 6-4-106 Repeal More appropriate to charge into county/district Unlawful Sale court along with all other drug charges And/Or Public Consumption of Synthetic Cocaine 28 6-4-107 Add this section in its entirety Allow charging into municipal court. Prohibition of Open Marijuana Containers 29 6-4-121 Add and amend sections to include Peace Align with state law Obstructing Peace Officer, Firefighter, Emergency Providers, and Officer Volunteers

CODE: _Title 6: Police Regulations DATE: ______

30 6-4-124 Remove language To clarify and remove unnecessary language Failure to Obey Lawful Order 31 6-4-127 Update referenced statute Align with state law Violation of Court Order 32 6-4-128 Add language to (A) Clarify and simplify Obstructing Delete (B) Municipal Governmental Operations 33 6-4-129 Add this section in its entirety Allow charging into municipal court Resisting Arrest 34 6-4-130 Add this section in its entirety To prohibit misuse of 911 Improper Use of the 911 Emergency Communications System 35 6-4-151 Add “firearm” Clarify and align with state law Definitions 36 6-4-152 Replace language in its entirety Align with state law, define more clearly Concealing or Displaying in Threatening Manner 37 6-4-158 Replace language in its entirety Align with state law, define more clearly Illegal Weapons 38 6-4-160 (D) remove “knife” reference Clean up, this section does not refer to knives Firearms

CODE: _Title 6: Police Regulations DATE: ______

Prohibited in or Upon Public Facility 39 6-4-184 Add language to include “nicotine products” and Align with state law and prohibit underage Sale or further define to include electronic smoking possession of vaping products. Possession of devices. Tobacco Raise age to 21. Align with federal bill, state regulatory agencies, and several other Colorado Municipal codes.

Chapter 9: Conduct on Public Property

Code Section Proposed Change Reason

40 6-9-5 Amend statute reference Align with state law Unlawful Conduct on River

Chapter 10: No Smoking Provisions

Code Section Proposed Change Reason

41 6-10-1 Add and amend term/article references Align with state law and include vaping Definitions language 42 6-10-2 Amend language Align with state law General Smoking Restrictions Add (C) To prohibit smoking in certain outdoor spaces 43 6-10-3 Remove (C), (F) and (H) Align with state and federal law Exceptions to Add language in (D) about underage patrons

CODE: _Title 6: Police Regulations DATE: ______

Smoking Restrictions

44 6-10-4 Amend (A) and Remove (B) Align with state law Optional Prohibitions

Chapter 11: Littleton Victim Assistance and Law Enforcement Program

Code Section Proposed Change Reason

45 6-11-1 Remove “Child” Clean up, no reference to “child” in this chapter Definitions

46 6-11-2 Amend (A) Update and more closely align with state law. Surcharge Levied Clarify when and how to apply surcharge. on Criminal Actions and Traffic Offenses

Chapter 12: Electronic Citation Surcharge

Code Section Proposed Change Reason

47 6-12-1 Amend amount of surcharge Update to reflect operating costs Electronic Citation Surcharge Established

Littleton Center City of Littleton 2255 West Berry Avenue Littleton, CO 80120 7(e) Staff Communication

File #: Ordinance 07-2020, Version: 1

Agenda Date: 03/03/2020

Subject: Ordinance 07-2020: An ordinance on first reading amending Title 1, Administrative Regulations, of the Littleton Municipal Code

Prepared by: Reid Betzing, City Attorney and Ashley Augustin, Senior Assistant City Attorney

PURPOSE: Staff wishes to update the municipal code related to the City’s criminal codes.

PRESENTATIONS: Staff Presenter(s): Reid Betzing, City Attorney and Ashley Augustin, Senior Assistant City Attorney Additional Presenter(s): N/A

SUMMARY: Within the Littleton municipal codes there are several areas that need to be updated. These updates range from simple clean up, to amending sections to more closely align with changes in state law, to adding new sections to help address issues that are currently not prosecutable in the City’s municipal court.

PRIOR ACTIONS OR DISCUSSIONS: Presented and discussed in a Study Session on February 18, 2020.

ANALYSIS: Staff Analysis Staff has researched legal updates in state law, as well as sought input from the Police Department, Municipal Court, and other impacted staff related to the criminal code.

Council Goal, Objective, and/or Guiding Principle One of Council’s Goals in 2019 was to bring the municipal code up to date on current state law provisions.

Fiscal Impacts No negative fiscal impacts for the city.

Alternatives An alternative to adopting the proposed changes would be to leave the affected sections of the code in their current state. The risk in doing is that many sections of the criminal code would not align with the current state law and therefore may be held unconstitutional and unenforceable.

STAFF RECOMMENDATION: Staff recommends approval of the ordinance on first reading amending Title 1, Administrative Regulations, of the Littleton Municipal

City of Littleton Page 1 of 2 Printed on 2/27/2020 powered by Legistar™ File #: Ordinance 07-2020, Version: 1

Code.

PROPOSED MOTION: I move to approve the ordinance on first reading amending Title 1, Administrative Regulations, of the Littleton Municipal Code and to set the second reading and public hearing for March 17, 2020.

City of Littleton Page 2 of 2 Printed on 2/27/2020 powered by Legistar™ 1 CITY OF LITTLETON, COLORADO 2 3 ORDINANCE NO. 7 4 5 Series, 2020 6 7 8 AN ORDINANCE OF THE CITY OF LITTLETON, 9 COLORADO, AMENDING TITLE 1 SECTIONS 4 AND 6 OF 10 THE LITTLETON MUNICIPAL CODE PERTAINING TO 11 GENERAL PENALTY AND MUNICIPAL COURT 12 ADMINISTRATION 13 14 WHEREAS, the City Council of the City of Littleton desires to update the Littleton 15 Municipal Code to reflect the current Colorado Revised Statutes; and 16 17 WHEREAS, the revisions clean up language in the code, clarify process and terms, 18 and allow judicial discretion. 19 20 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF 21 THE CITY OF LITTLETON, COLORADO, THAT: 22 23 Section 1: Section 4 of Title 1, General Penalty Administration, is hereby amended 24 as follows:

25 1-4-1: GENERAL PENALTY: 26 Whenever in this code or any other ordinance of the city hereinafter enacted any act is prohibited 27 or is declared to be unlawful or an offense, or the doing of any act is required or the failure to do 28 any act is declared to be unlawful or an offense, where no specific penalty is provided therefor, 29 any person eighteen (18) years of age or older who pleads guilty, no contest, or is convicted of 30 the violation of any such provision of this code or other ordinance of the city hereinafter enacted, 31 shall be punished by a fine of not more than two thousand six hundred fifty dollars ($2,650.00); 32 or by imprisonment in jail not exceeding one year THREE HUNDRED SIXTY-FOUR (364) 33 DAYS, or by probation not exceeding one year, or by such fine, imprisonment, probation and 34 restitution as provided for in this code. 35 36 Excluding those violations committed under title 9 of this code, and any codes adopted by 37 reference therein for which penalties as specified in the first paragraph of this section may be 38 applied, all violations of this code or any other ordinance of the city hereinafter enacted by any 39 minor under the age of eighteen (18) years shall not be punishable by imprisonment, but shall be 40 punishable by a fine of not more than two thousand six hundred fifty dollars ($2,650.00) or by 41 probation not exceeding one year, or by such fine, probation and restitution as provided for in 42 this code. 43 44 Every day that a violation of any provision of this code, or any other ordinance of the city 45 hereafter enacted or any rule or regulation promulgated under the provisions of this code, Ordinance No. 07 Series, 2020 Page 2

1 continues, it shall be deemed to constitute a separate offense regardless of whether or not any 2 specific penalty clause, if applicable, so provides. 3 4 The limitation on fines set forth herein shall be adjusted for inflation on January 1, 2014, and on 5 January 1 of each year thereafter; "inflation" means the annual percentage change in the United 6 States department of labor, bureau of labor statistics, consumer price index for Denver-Boulder, 7 all items, all urban consumers, or its successor index.

8 Section 2: Section 6 of Title 1, Municipal Court Administration, is hereby 9 amended as follows:

10 1-6-3: COMPENSATION OF JURORS: 11 12 Each member of a jury panel who shall attend the municipal court shall receive as compensation 13 therefor the sum of three dollars ($3.00) for each part of a day he shall be in attendance. Each 14 juror shall be paid six dollars ($6.00) per day for actual service as a juror. NO MORE THAN 15 FIFTY DOLLARS ($50.00) PER DAY AS FOLLOWS: 16 17 (A) REGULARLY EMPLOYED JURORS: SHALL BE COMPENSATED HIS OR HER 18 REGULAR WAGES UP TO FIFTY DOLLARS ($50.00) PER DAY OF SERVICE, 19 UNLESS AN AGREEMENT HAS BEEN MADE BY THE EMPLOYER TO 20 COMPENSATE THE JUROR FOR JURY DUTY. 21 (B) UNEMPLOYED JURORS: SHAKK BE REIMBURSED FORTRAVLE, CHILD CARE, 22 AND OTHER REASONABLY NECESSARY OUT-OF-POCKET COSTS RELATED 23 TO JURY SERVICE (EXCEPT FOOD) UP OT FIFTY DOLLARS ($50.00) PER DAY 24 OF SERVICE. 25 The cost of such jury and jury panel may be assessed against the defendant in the event he shall 26 be found guilty. 27 28 1-6-8: MUNICIPAL COURT PROCESS: 29 30 (A) The following persons shall have the authority to issue, execute and serve city municipal 31 court process: (Ord. 24, Series of 1991; amd. Ord. 15, Series of 2012)

32 1. Any commissioned employee of the city's police department or other person who is lawfully 33 deputized by the chief of police for such limited purposes as the chief may designate in writing; 34 (Ord. 18, Series of 2002; amd. Ord. 15, Series of 2012)

35 2. The city's animal control and parking enforcement officers;

36 3. Any commissioned police officer working within the city, but who is not employed by the city 37 and who is lawfully deputized by the city's chief of police or the chief of police's designee;

38 4. Any city zoning or building inspection enforcement official; Ordinance No. 07 Series, 2020 Page 3

1 5. The city's sales tax administrator; and

2 6. The city's fire marshal or any city fire prevention ANY SOUTH METRO FIRE RESCUE 3 officer. (Ord. 24, Series of 1991; amd. Ord. 15, Series of 2012)

4 7. On those properties owned or managed by the south suburban park and recreation district, its 5 senior and seasonal park rangers may issue, execute and serve municipal court process, but only 6 that process, related to alleged violations of title 6, chapters 1 and 2 and sections 6-9-1, 6-9-2, 6- 7 9-3 and 6-9-5 of this code. Parking violations of sections 1204 and 1208 of the model traffic 8 code, and subsection 9-1-7(A) of this code, and possession or use of fireworks in violation of 9 section 7802.3 of the uniform fire code. (Ord. 21, Series of 2001; amd. Ord. 15, Series of 2012)

10 8. The city manager, or his designee, but only as to proceedings or alleged violations under title 11 8, chapter 4 of this code. (Ord. 3, Series of 2014)

12 9. The city's library director, but only as to proceedings or alleged violations under section 6-9-6 13 of this code. (Ord. 5, Series of 1994; amd. Ord. 15, Series of 2012)

14 10. ON THOSE PROPERTIES OWNED OR MANAGED BY ARAPAHOE COMMUNITY 15 COLLEGE, ANY OF ITS CAMPUS POLICE OFFICERS.

16 (B) The following persons shall have the authority to execute and serve, but not to issue, city 17 municipal court process:

18 1. Any authorized law enforcement official employed outside of the jurisdiction of the city 19 pursuant to sections 13-10-111 and 31-16-110 Colorado Revised Statutes; and

20 2. Any person lawfully deputized by the city's chief of police or the chief of police's designee.

21 (C) The clerk of the municipal court shall issue a subpoena requiring a witness to appear and 22 testify in the municipal court upon the request of either the prosecuting attorney or the 23 defendant. Any subpoena shall be served in conformance with the Colorado municipal court 24 rules of procedure. (Ord. 24, Series of 1991; amd. Ord. 15, Series of 2012)

25 1-6-11: COMMITMENT TO JAIL FOR FAILURE TO PAY MONETARY 26 OBLIGATIONS: 27 28 (A) Any person against whom any monetary obligation, including, but not limited to, fines, 29 costs, fees, surcharges, or restitution, has been assessed upon conviction under the ordinance of 30 the city of any offense for which jail is a possible penalty may be committed to jail until such 31 monetary obligations are satisfied, for a period of time not to exceed fifteen (15) days. Prior to 32 such commitment to jail, the municipal court must comply with the procedures as set forth in 33 Colorado Revised Statutes 18-1.3-702, as amended. 34 Ordinance No. 07 Series, 2020 Page 4

1 (C) WHEN THE COURT IMPOSES A SENTENCE, ENTERS A JUDGMENT, OR 2 ISSUES AN ORDER THAT OBLIGATES A PERSON TO PAY ANY MONETARY 3 AMOUNT, THE COURT SHALL INSTRUCT THE PERSON AS FOLLOWS: 4 5 1. IF ANY TIME THE PERSON IS UNABLE TO PAY THE MONETARY AMOUNT 6 DUE, THE PERSON MUST CONTACT THE COURT’S DESIGNATED OFFICIAL OR 7 APPEAR BEFORE THE COURT TO EXPLAIN WHY HE OR SHE IS UNABLE TO PAY 8 THE MONETARY AMOUNT; 9 2. IF THE PERSON LACKS THE PRESENT ABILITY TO PAY THE MONETARY 10 AMOUNT DUE WITHOUT UNDUE HARDSHIP TO THE PERSON OR HIS OR HER 11 DEPENDANTS, THE COURT SHALL NOT JAIL THE PERSON FOR FAILURE TO PAY; 12 AND 13 3. IF THE PERSON HAS THE ABILITY TO PAY THE MONETARY AMOUNT AS 14 DIRECTED BY THE COURT OR THE COURT’S DESIGNEE BUT WILLFULLY FAILS TO 15 PAY, THE PERSON MAY BE IMPRISONED FOR FAILURE TO COMPLY WITH THE 16 COURT’S LAWFUL ORDER TO PAY PURSUANT TO THIS SECTION AND COLORADO 17 REVISED STATUTES SECTION 18-1.3.702. 18 19 (C) THE COURT SHALL NOT IMPRISON THE PERSON WHEN HE OR SHE IS UNABLE 20 TO PAY A MONETARY AMOUNT DUE WITHOUT UNDUE HARDSHIP TO HIMSELF 21 OR HERSELF OR HIS OR HER DEPENDENTS. 22 23 (D) EXCEPT IN THE CASE OF A CORPORATION, IF THE PERSON FAILED TO PAY A 24 MONETARY AMOUNT DUE AND THE RECORD INDICATES THAT THE DEFENDANT 25 HAS WILLFULLY FAILED TO PAY THAT MONETARY AMOUNT, THE COURT, WHEN 26 APPROPRIATE, MAY CONSIDER A MOTION TO IMPOSE PART OR ALL OF A 27 SUSPENDED SENTENCE, MAY CONSIDER A MOTION TO REVOKE PROBATION, OR 28 MAY INSTITUTE PROCEEDINGS FOR CONTEMPT OF COURT. WHEN INSTITUTING 29 CONTEMPT OF COURT PROCEEDINGS, THE COURT, INCLUDING A MUNICIPAL 30 COURT, SHALL PROVIDE ALL PROCEDURAL PROTECTIONS MANDATED IN RULE 31 107 OF THE COLORADO RULES OF CIVIL PROCEDURE OR RULE 407 OF THE 32 COLORADO RULES OF COUNTY COURT CIVIL PROCEDURE. 33 34 (E) THE COURT SHALL NOT FIND THE PERSON IN CONTEMPT OF COURT, NOR 35 IMPOSE A SUSPENDED SENTENCE, NOR REVOKE PROBATION, NOR ORDER HIM 36 OR HER TO JAIL FOR FAILURE TO PAY UNLESS THE COURT HAS MADE FINDINGS 37 ON THE RECORD, AFTER PROVIDING NOTICE TO HIM OR HER AND A HEARING, 38 THAT HE OR SHE HAS THE ABILITY TO COMPLY WITH THE COURT'S ORDER TO 39 PAY A MONETARY AMOUNT DUE WITHOUT UNDUE HARDSHIP TO HIMSELF OR 40 HERSELF OR HIS OR HER DEPENDENTS AND THAT THE PERSON HAS NOT MADE A 41 GOOD-FAITH EFFORT TO COMPLY WITH THE ORDER. 42 43 (F) THE COURT SHALL NOT ACCEPT A PERSON'S GUILTY PLEA FOR CONTEMPT OF 44 COURT FOR FAILURE TO PAY OR FAILURE TO COMPLY WITH THE COURT'S Ordinance No. 07 Series, 2020 Page 5

1 ORDER TO PAY A MONETARY AMOUNT UNLESS THE COURT HAS MADE FINDINGS 2 ON THE RECORD THAT HE OR SHE HAS THE ABILITY TO COMPLY WITH THE 3 COURT'S ORDER TO PAY A MONETARY AMOUNT DUE WITHOUT UNDUE 4 HARDSHIP TO HIMSELF OR HERSELF OR HIS OR HER DEPENDENTS AND THAT HE 5 OR SHE HAS NOT MADE A GOOD-FAITH EFFORT TO COMPLY WITH THE ORDER. 6 7 (G) FOR PURPOSES OF THIS SECTION, A PERSON OR HIS OR HER DEPENDENTS ARE 8 CONSIDERED TO SUFFER UNDUE HARDSHIP IF HE, SHE, OR THEY WOULD BE 9 DEPRIVED OF MONEY NEEDED FOR BASIC LIVING NECESSITIES, SUCH AS FOOD, 10 SHELTER, CLOTHING, NECESSARY MEDICAL EXPENSES, OR CHILD SUPPORT. IN 11 DETERMINING WHETHER A PERSON IS ABLE TO COMPLY WITH AN ORDER TO 12 PAY A MONETARY AMOUNT WITHOUT UNDUE HARDSHIP TO HIMSELF OR 13 HERSELF OR HIS OR HER DEPENDENTS, THE COURT SHALL CONSIDER: 14 1. WHETHER THE PERSON IS EXPERIENCING HOMELESSNESS; 15 2. THE PERSON’S PRESENT EMPLOYMENT, INCOME, AND EXPENSES; 16 3. THE PERSON’S OUTSTANDING DEBTS AND LIABILITIES, BOTH SECURED 17 AND UNSECURED;4. WHETHER THE PERSON HAS QUALIFIED FOR AND IS 18 RECEIVING ANY FORM OF PUBLIC ASSISTANCE, INCLUDING FOOD STAMPS, 19 TEMPORARY ASSISTANCE FOR NEEDY FAMILIES, MEDICAID, OR 20 SUPPLEMENTAL SECURITY INCOME BENEFITS; 21 5. THE AVAILABILITY AND CONVERTIBILITY, WITHOUT UNDUE HARDSHIP 22 TO THE PERSON OR HIS OR HER DEPENDENTS, OF ANY REAL OR PERSONAL 23 PROPERTY OWNED BY THE PERSON; 24 6. WHETHER THE PERSON RESIDES IN PUBLIC HOUSING; 25 7. WHETHER THE PERSON’S FAMILY INCOME IS LESS THAN TWO HUNDRED 26 PERCENT OF THE FEDERAL POVERTY LINE, ADJUSTED FOR FAMILY SIZE; 27 AND 28 8. ANY OTHER CIRCUMSTANCES THAT WOULD IMPAIR THE PERSON’S 29 ABILITY TO PAY. 30 31 (H) WHEN A SENTENCE OF IMPRISONMENT AND A MONETARY AMOUNT WAS 32 IMPOSED, THE AGGREGATE OF THE PERIOD AND THE TERM OF THE SENTENCE 33 SHALL NOT EXCEED THE MAXIMUM TERM OF IMPRISONMENT AUTHORIZED FOR 34 THE OFFENSE. 35 36 (I) NOTHING IN THIS SECTION PREVENTS THE COLLECTION OF A MONETARY 37 AMOUNT IN THE SAME MANNER AS A JUDGMENT IN A CIVIL ACTION. 38 39 (J) Under no circumstances shall the municipal court impose a jail sentence for failure to pay a 40 monetary obligation assessed for a conviction of an offense that does not carry a possible jail 41 sentence as a penalty. 42 43 1-6-12: PROBATION 44 Ordinance No. 07 Series, 2020 Page 6

1 (A) Suspension Of Sentence: Generally, whenever any person pleads guilty, no contest, or is 2 convicted of the violation of any ordinance of the city where the court has discretion as to the 3 penalty, and it shall appear to the satisfaction of the court that the ends of justice and the best 4 interests of the public, as well as the defendant, will be served thereby, the municipal court 5 shall have the power to suspend the imposition or execution of any sentence for such period 6 and upon such reasonable terms and conditions as it may deem best, TO INCLUDE 7 SUSPENSION OF UP TO THREE HUNDRED SIXTY-FOUR (364) DAYS IN JAIL. THE 8 COURT MAY IMPOSE TERMS OF SUPERVISED OR UNSUPERVISED PROBATION. 9 The court may impose as a condition of probation a work program to be performed by the 10 defendant. The court may revoke or modify any condition of probation or may change the 11 period of probation. The period of probation shall not exceed INTIALLY one year. THE 12 TERM OF PROBATION MAY BE EXTENDED IF A COMPLAINT TO REVOKE HAS 13 BEEN FILED, THE DEFENDANT CONSENTS TO EXTENSION, OR THE 14 DEFENDANT FAILS TO APPEAR FOR ANY PROBATION RELATED COURT 15 APPEARANCE. (Ord. 1, Series of 1988; amd. Ord. 15, Series of 2012)

16 (B) Restitution And Cost: A defendant who has been granted probation may be required, so far 17 as possible upon such reasonable terms as the court may impose, to make restitution or 18 reparation to any aggrieved person for actual damage or loss caused by the offense for which 19 the conviction was had. The defendant may also be required to give his fingerprints to the 20 police department and to pay the court costs. (1971 Code § 16.32; amd. Ord. 15, Series of 21 2012)

22 (C) Statement Of Conditions: Whenever probation is granted, the court shall set forth in writing 23 the conditions under which such probation is granted and shall furnish to each person 24 released on probation a copy of the statement of such conditions. Each defendant shall be 25 required to sign an acceptance of the conditions of probation before the order of probation is 26 granted.

27 (D) Duties Of Probation Officers: It shall be the duty of the probation officer or such other 28 officers or employees of the city as may be assigned to such duties, whenever they may have 29 reason to believe that the conditions of probation have been violated by any probationer, to 30 bring the matter to the attention of the court. (Ord. 15, Series of 2012). THE CITY 31 PROSECUTOR MAY ALSO BRING SUCH MATTERS TO THE ATTENTION OF THE 32 COURT.

33 (E) Hearing Upon Violation Of Probation; Revocation: If facts are presented to the court from 34 which it reasonably appears that the conditions of probation have been violated by any 35 person on probation, the court shall MAY issue a SUMMONS OR A warrant for the arrest of 36 the person. SUCH WARRANT WOULD and requirEing that The PROBATIONER be 37 brought before the court to show cause why the probation should not be revoked. If the 38 probationer is taken into custody, the court may admit such probationer to bail, conditioned 39 upon HIS OR HER appearance before the court on a day certain. Such bail may be continued 40 from time to time until final order of the court. THE COURT SHALL HOLD A HEARING Ordinance No. 07 Series, 2020 Page 7

1 ON SUCH COMPLAINT TO REVOKE PROBATION. If at such a hearing the judge 2 determines that such probationer is not guilty of a violation of the conditions of probation, he 3 shall enter an order in accordance therewith and forthwith order the probationer's release, if 4 in custody. If the judge determines that the violation of the conditions of such probation has 5 been committed, he shall either revoke or continue the probation SUBSEQUENT TO THAT 6 FINDING IN A TIMELY MANNER. within three (3) days after the hearing. In the event 7 probation is revoked and no sentence has been previously imposed, the court may impose 8 any sentence which might originally have been imposed. In the event probation is revoked 9 and A SUSPENDED sentence has been previously imposed, the court may vacate the 10 suspension of sentence and reinstate the sentence originally imposed. Any person who has 11 been admitted to probation and against whom proceedings for the revocation of probation 12 have not been commenced within the term of probation, INCLUDING ANY EXTENSION 13 OF PROBATION, shall be conclusively presumed to have satisfied the sentence and/or fine 14 imposed. (1971 Code § 16.35; amd. Ord. 15, Series of 2012)

15 16 1-6-13: GENERAL VIOLATIONS BUREAU: 17 18 (A) Created; Duties: The judge of the municipal court shall establish within such court a general 19 violations bureau to assist the court with the clerical work and handling and expediting 20 routine cases of alleged violations of the ordinances and codes. (1971 Code § 16.36; amd. 21 1976 Code; Ord. 15, Series of 2012)

22 (B) Designation Of Offenses Which Bureau May Receive Payments Of Fines: The judge of the 23 municipal court from time to time shall designate those offenses under the ordinances and 24 codes in respect to which payments or fines may be accepted by the general violations bureau 25 in satisfaction thereof, and shall specify by suitable schedules the amount of such fines for 26 first, second or subsequent offenses, providing such fines are within the limits declared by 27 ordinance, and shall further specify what number of such offenses shall require appearance 28 before the court. (1971 Code § 16.37; amd. 1976 Code; Ord. 15, Series of 2012)

29 (C) Option To Appear Before Judge And Pay Fine Or Upon Plea Of Not Guilty Entitled To 30 Trial: Any person charged with an offense for which payment of a fine may be made to the 31 general violations bureau shall have the option of paying such fine within the time specified 32 within the notice or the summons and complaint at the general violations bureau upon 33 entering a plea of guilty in writing and upon waiving appearance in court; or, upon a plea of 34 not guilty shall be entitled to a trial as authorized by law. (1971 Code § 16.38; amd. Ord. 15, 35 Series of 2012)

36 (D) Failure To Appear:

37 1. If the defendant fails to appear for his or her first appearance or any hearing involving a 38 traffic infraction, the court shall MAY enter judgment against the defendant. Ordinance No. 07 Series, 2020 Page 8

1 2. For purposes of this section, a "traffic infraction" is defined as in section 9-1-12 of this 2 code.

3 3. In any action in which the commission of a traffic infraction and a traffic offense are 4 charged in one complaint or summons and complaint, all charges shall be returnable and the 5 action shall be treated as one proceeding governed by the rules, statutes and ordinances 6 applicable to municipal violations which are not traffic infractions.

7 4. The amount of the judgment entered pursuant to subsection (D)1 of this section shall be 8 the fine and costs assessable for such charge under this code upon conviction or a plea of 9 guilty or no contest.

10 5. The court may set aside a judgment entered under subsection (D)1 of this section on a 11 showing of good cause or excusable neglect by the defendant, or a showing that the court did 12 not have jurisdiction over the subject matter of the alleged infraction or over the person of the 13 alleged violator. A motion to set aside the judgment, submitted by the defendant, shall be 14 made to the court not more than ten (10) days after the entry of judgment. The court may set 15 aside a judgment entered under this rule at any time after the ten (10) day period herein 16 referenced provided that such request to set aside judgment is submitted and approved by the 17 prosecution. (Ord. 15, Series of 2012)

18 1-6-16: DEFERRED PROSECUTION AND DEFERRED SENTENCING

19 (A) Deferred Prosecution:

20 1. In any case, the municipal judge may, prior to trial or entry of a plea of guilty and with the 21 consent of the defendant and the city attorney, order the prosecution of the offense to be deferred 22 for a period not to exceed one year; except that the period of deferred prosecution may be 23 extended for an additional time up to one year if the failure to pay the amounts specified in 24 subsection (A)2 of this section is the sole condition of deferred prosecution which has not been 25 fulfilled, because of inability to pay, and the defendant has shown a future ability to pay. During 26 that time, the municipal judge may require the defendant to undergo counseling or treatment for 27 the defendant's mental condition, or for alcohol or drug abuse, or for both such conditions and be 28 obligated to adhere to any other terms and conditions the municipal judge may impose.

29 2. Upon the defendant's satisfactory completion of all conditions of the deferred prosecution, the 30 charge against the defendant shall be dismissed with prejudice. If the conditions of the deferred 31 prosecution are violated, the defendant shall be tried for the offense for which he is charged. The 32 violation of conditions of the deferred prosecution shall be determined by a hearing before the 33 municipal judge which granted the deferred prosecution. The burden in such hearing shall be 34 upon the city attorney by a preponderance of the evidence to show that a violation has in fact 35 occurred. However, if the alleged violation is the failure to pay court ordered compensation to 36 appointed counsel, probation fees, court costs, restitution, or reparations, evidence of the failure 37 to pay shall constitute prima facie evidence of a violation. The presiding judge at the hearing Ordinance No. 07 Series, 2020 Page 9

1 may temper the rules of evidence in the exercise of sound judicial discretion. IF AFTER THE 2 HEARING, THE COURT FINDS THE DEFENDANT HAS VIOLATED THE TERMS OF 3 THE DEFERRED PROSECUTION, THE DEFENDANT MUST THEN ENTER A PLEA 4 (GUILTY, NOT GUILTY, OR NOLO CONTENDERE). THE COURT MAY GRANT A 5 CONTINUANCE FOR ENTRY OF SUCH PLEA.

6 3. Upon consenting to a deferred prosecution as provided in this section, the defendant shall 7 execute a written waiver of his right to a speedy trial. SPEEDY TRIAL WOULD RUN FROM 8 THE DATE THE DEFENDANT ENTERS A NOT GUILTY PLEA FOLLOWING A 9 REVOCATION OF THE DEFERRED PROSECUTION, IF SUCH SHOULD OCCUR. Consent 10 to a deferred prosecution under this section shall not be construed as an admission of guilt, nor 11 shall such consent be admitted in evidence in a trial for the offense for which he is charged.

12 (B) Deferred Sentencing Of Defendant:

13 1. In any case in which the defendant has entered a plea of guilty, the municipal judge accepting 14 the plea has the power, with the written consent of the defendant and the city attorney, to 15 continue the case for a period not to exceed one year for the purpose of entering judgment and 16 sentence upon such plea of guilty; except that such period may be extended for an additional 17 time up to one year if the failure to pay restitution is the sole condition of the deferred judgment 18 and sentence which has not been fulfilled, because of inability to pay, and the defendant has 19 shown a future ability to pay. IT MAY ALSO BE EXTENDED IF A COMPLAINT TO 20 REVOKE THE DEFERRED SENTENCE HAS BEEN FILED, THE DEFENDANT 21 CONSENTS TO EXTENSION, OR THE DEFENDANT FAILS TO APPEAR FOR ANY 22 DEFERRED SENTENCE RELATED COURT APPEARANCE.

23 2. Prior to entry of a plea of guilty to be followed by deferred judgment and sentence, the city 24 attorney is authorized to enter into a written stipulation, to be signed by the defendant and the 25 city attorney, under which the defendant is obligated to adhere to such stipulation and be 26 obligated to adhere to any other terms and conditions the municipal judge may impose. The 27 stipulation may require the defendant to perform community or charitable work service projects 28 or make donations thereto. Upon full compliance with such conditions by the defendant, the plea 29 of guilty previously entered shall be withdrawn and the charge upon which the judgment and 30 sentence of the municipal judge was deferred shall be dismissed with prejudice. Such stipulation 31 shall specifically provide that, upon a breach by the defendant of any condition regulating the 32 conduct of the defendant, the municipal judge shall enter judgment and impose sentence upon 33 such guilty plea. When, as a condition of the deferred sentence, the municipal judge orders the 34 defendant to make restitution, evidence of failure to pay the said restitution shall constitute prima 35 facie evidence of a violation. Whether a breach of condition has occurred shall be determined by 36 the municipal judge without a jury upon notice of hearing thereon of not less than five (5) days to 37 the defendant or the defendant's attorney of record. Application for entry of judgment and 38 imposition of sentence may be made by the city attorney at any time within the term of the 39 deferred judgment or within thirty (30) days thereafter. The burden of proof at such hearing shall Ordinance No. 07 Series, 2020 Page 10

1 be by a preponderance of the evidence, and the procedural safeguards required in a revocation of 2 probation hearing shall apply.

3 3. When a defendant signs a stipulation by which it is provided that judgment and sentence shall 4 be deferred for a time certain, he thereby waives all rights to a speedy trial.

5 4. A warrant for the arrest of any defendant for breach of a condition of a deferred sentence may 6 be issued by any judge of the municipal court upon the report of a probation officer, or upon the 7 verified complaint of any person, establishing to the satisfaction of the judge probable cause to 8 believe that a condition of the deferred sentence has been violated and that the arrest of the 9 defendant is reasonably necessary. The warrant may be executed by any probation officer or by a 10 peace officer authorized to execute warrants in the county in which the defendant is found.

11 4. HEARING UPON VIOLATION OF DEFERRED SENTENCING; REVOCATION: IF 12 FACTS ARE PRESENTED TO THE COURT FROM WHICH IT REASONABLY APPEARS 13 THAT THE CONDITIONS OF THE DEFERRED SENTENCE HAVE BEEN VIOLATED, 14 THE COURT MAY ISSUE A SUMMONS OR A WARRANT FOR THE ARREST OF THE 15 PERSON. SUCH WARRANT WOULD REQUIRE THAT THE PERSON BE BROUGHT 16 BEFORE THE COURT TO SHOW CAUSE WHY THE DEFERRED SENTENCE SHOULD 17 NOT BE REVOKED. IF THE PERSON IS TAKEN INTO CUSTODY, THE COURT MAY 18 ADMIT SUCH PERSON TO BAIL, CONDITIONED UPON HIS OR HER APPEARANCE 19 BEFORE THE COURT ON A DAY CERTAIN. SUCH BAIL MAY BE CONTINUED FROM 20 TIME TO TIME UNTIL FINAL ORDER OF THE COURT. THE PERSON HAS A RIGHT TO 21 A HEARING ON SUCH COMPLAINT TO REVOKE THE DEFERRED SENTENCE. IF AT 22 THAT HEARING THE JUDGE DETERMINES THAT SUCH PERSON HAS NOT 23 VIOLATED THE DEFERRED SENTENCE, HE SHALL ENTER AN ORDER IN 24 ACCORDANCE THEREWITH AND FORTHWITH ORDER THE PERSON'S RELEASE, IF 25 IN CUSTODY. IF AT THAT HEARING THE JUDGE DETERMINES THAT PERSON HAS 26 VIOLATED THE TERMS OF THE DEFERRED SENTENCE, HE SHALL EITHER REVOKE 27 THE DEFERRED SENTENCE. IN THE EVENT THE DEFERRED SENTENCE IS 28 REVOKED AND NO SENTENCE HAS BEEN PREVIOUSLY IMPOSED, THE COURT 29 MAY IMPOSE ANY SENTENCE WHICH MIGHT ORIGINALLY HAVE BEEN IMPOSED. 30 IN THE EVENT THE DEFERRED SENTENCE IS REVOKED AND A SUSPENDED 31 SENTENCE HAS BEEN PREVIOUSLY IMPOSED, THE COURT MAY VACATE THE 32 SUSPENSION AND REINSTATE THE SENTENCE ORIGINALLY IMPOSED. ANY 33 PERSON WHO HAS BEEN GRANTED A DEFERRED SENTENCE AND AGAINST WHOM 34 PROCEEDINGS FOR A REVOCATION HAVE NOT BEEN COMMENCED WITHIN THE 35 TERM OF THE DEFERRED SENTENCE AS OUTLINED ABOVE IN (B)2 SHALL BE 36 CONCLUSIVELY PRESUMED TO HAVE SATISFIED THE DEFERRED SENTENCE.

37 (C) Voluntary Treatment Or Counseling: The municipal judge may impose treatment or 38 counseling for alcohol or drug abuse in connection with any deferred prosecution or deferred 39 judgment and sentence. If the defendant voluntarily submits himself or herself for such 40 treatment or counseling, the city attorney and the municipal judge may consider his or her Ordinance No. 07 Series, 2020 Page 11

1 willingness to correct his or her condition as a basis for granting deferred prosecution or 2 deferred judgment and sentence. (Ord. 7, Series of 2002; amd. Ord. 4, Series of 2012; Ord. 3 15, Series of 2012)

4 1-6-17: RESTRAINING ORDER AGAINST DEFENDANT: MANDATORY 5 PROTECTION ORDER 6 7 (A) There is hereby created a mandatory restraining PROTECTION order against any person 8 charged with a violation of any of the provisions of this code IN WHICH DOMESTIC 9 VIOLENCE IS ALLEGED. which SUCH order shall remain in effect from the time that the 10 person is advised of his OR HER rights at arraignment or the person's first appearance before 11 the municipal judge and informed of such order until final disposition of the action or until 12 further order of the municipal judge. Such order shall restrain the person charged from 13 harassing, molesting, intimidating, retaliating against, or tampering with any witness to or 14 victim of the acts charged. A PROTECTION ORDER MAY BE ENTERED IN ANY NON- 15 DOMESTIC VIOLENCE CASE IN THE DISCRETION OF THE MUNICIPAL JUDGE.

16 (B) At the time of arraignment or the person's first appearance before the municipal judge, the 17 municipal judge shall inform the defendant of the restraining PROTECTION order effective 18 pursuant to this section and shall inform the defendant that a violation of such order is 19 punishable by contempt or by fine or imprisonment as provided by this section.

20 (C) The municipal judge is authorized to order any further appropriate restraint on the conduct of 21 the defendant or to continue, dismiss or modify any existing restraining order.

22 (D) Violation of a restraining PROTECTION order is a criminal offense, punishable by a fine or 23 imprisonment, or both, as provided in section 1-4-1 of this title.

24 (E) Any sentence imposed pursuant to subsection (D) of this section shall run consecutively and 25 not concurrently with any sentence imposed for any crime which gave rise to the issuing of 26 the restraining order.

27 (F) Nothing in this section shall be construed to alter or diminish the inherent authority of the 28 municipal judge to enforce its orders through civil or criminal contempt proceedings.

29 (G) No person charged with violation of a restraining order pursuant to this section shall be 30 permitted, in the criminal action resulting from such charge, to collaterally attack the validity 31 of the order which such person is accused of violating. (Ord. 12, Series of 2003; amd. Ord. 4, 32 Series of 2012; Ord. 15, Series of 2012)

33 1-6-21: COMPENSATION OF JUDGES: 34 Ordinance No. 07 Series, 2020 Page 12

1 (A) The compensation of the municipal court judge shall be a fixed annual amount, payable on a 2 monthly or other periodic basis, and on such other terms as set by agreement entered into 3 between the city and the appointed judge, or by resolution of the city council.

4 (B) The compensation of the substitute judges shall be based on number of court sessions served 5 and on such other terms as set by agreement entered into between the city and the appointed 6 judge, or by resolution of the city council.

7 (C) The municipal court judge and substitute judges shall, for all purposes, be independent 8 contractors of the city. Nothing contained in this section shall be construed or deemed to 9 make the municipal court judge or substitute judges employees of the city.

10 11 Section 3: Severability. If any part, section, subsection, sentence, clause or 12 phrase of this ordinance is for any reason held to be invalid, such invalidity shall not affect the 13 validity of the remaining sections of this ordinance. The City Council hereby declares that it would 14 have passed this ordinance, including each part, section, subsection, sentence, clause or phrase 15 hereof, irrespective of the fact that one or more parts, sections, subsections, sentences, clauses or 16 phrases may be declared invalid. 17 18 Section 4: Repealer. All ordinances or resolutions, or parts thereof, in conflict 19 with this ordinance are hereby repealed, provided that this repealer shall not repeal the repealer 20 clauses of such ordinance nor revive any ordinance thereby. 21 22 23 INTRODUCED AS A BILL at a regularly scheduled meeting of the City Council

24 of the City of Littleton on the 3rd day of March, 2020, passed on first reading by a vote of ___

25 FOR and ___ AGAINST; and ordered published by posting at Littleton Center, Bemis Library,

26 the Municipal Courthouse and on the City of Littleton Website.

28 PUBLIC HEARING on the Ordinance to take place on the17th day of March, 2020,

29 in the Council Chambers, Littleton Center, 2255 West Berry Avenue, Littleton, Colorado, at the

30 hour of 6:30 p.m., or as soon thereafter as it may be heard.

32 PASSED on second and final reading, following public hearing, by a vote of FOR Ordinance No. 07 Series, 2020 Page 13

1 and _____ AGAINST on the 17th day of 2020 and ordered published by posting at Littleton Center,

2 Bemis Library, the Municipal Courthouse and on the City of Littleton Website.

3 ATTEST:

4 ______5 Colleen L. Norton Jerry Valdes 6 INTERIM CITY CLERK MAYOR 7 8 ______9 Reid Betzing 10 CITY ATTORNEY 11 12 CODE: _Title 1: Administrative___ DATE: February 2020

Chapter 4: General Penalty

Code Section Proposed Change Reason

1 1-4-1 Amend maximum jail sentence Align with state law General Penalty

Chapter 6: Municipal Court

Code Section Proposed Change Reason

2 1-6-3 Amend amount of compensation Update outdated amounts, clarify, and bring in Compensation of line with state law Jurors

3 1-6-8 Amend (6) and (7) and add (10) Clean up language and add Arapahoe Municipal Court Community College Process

4 1-6-11 Add subsections Clarification. Include language specifying the Commitment to statutory language and requirements of CRS Jail for Failure to 18-1.3-702 rather than just referring to them Pay Monetary Obligations

5 1-6-12 Amend (A), (D), and (E) Clarify process and terms Probation

CODE: _Title 1: Administrative___ DATE: February 2020

6 1-6-13 Amend (D) Allow judicial discretion General Violations Bureau

7 1-6-16 Amend subsections Clarify process and terms Deferred Prosecution and Deferred Sentencing

8 1-6-17 Rename “Mandatory Protection Order” Update titles and terms. Allow discretion on Restraining Order Amend (A), (B), and (D) non-DV cases. Against Defendant

9 1-6-21 Remove “municipal court judge” from (C) Municipal Court Judge is now an employee of Compensation of the City Judges

Littleton Center City of Littleton 2255 West Berry Avenue Littleton, CO 80120 7(f) Staff Communication

File #: Ordinance 08-2020, Version: 1

Agenda Date: 03/03/2020

Subject: Ordinance 08-2020: An ordinance on first reading amending Title 3, Chapter 14, of the Littleton Municipal code pertaining to adult entertainment establishments

Prepared by: Reid Betzing, City Attorney and Ashley Augustin, Senior Assistant City Attorney

PURPOSE: Staff wishes to update the Littleton Municipal Code pertaining to adult entertainment establishments

PRESENTATIONS: Staff Presenter(s): Reid Betzing, City Attorney and Ashley Augustin, Senior Assistant City Attorney Additional Presenter(s): N/A

PRIOR ACTIONS OR DISCUSSIONS: Presented and discussed in a Study Session on February 18, 2020.

ANALYSIS: Staff Analysis Staff has researched legal updates in state law, as well as sought input from the Police Department, Municipal Court, and other impacted staff related to the criminal code.

Council Goal, Objective, and/or Guiding Principle One of Council’s Goals in 2019 was to bring the municipal code up to date on current state law provisions.

Fiscal Impacts No negative fiscal impacts for the city.

STAFF RECOMMENDATION: Staff recommends approval of the ordinance on first reading pertaining to updates to the Littleton Municipal Code regarding adult

City of Littleton Page 1 of 2 Printed on 2/27/2020 powered by Legistar™ File #: Ordinance 08-2020, Version: 1 entertainment establishments.

PROPOSED MOTION: I move to approve the ordinance on first reading amending Title 3, Chapter 14, of the Littleton Municipal code pertaining to adult entertainment establishments and to set the second reading and public hearing for March 17, 2020.

City of Littleton Page 2 of 2 Printed on 2/27/2020 powered by Legistar™ 1 CITY OF LITTLETON, COLORADO 2 3 ORDINANCE NO. 8 4 5 Series, 2020 6 7 8 AN ORDINANCE OF THE CITY OF LITTLETON, 9 COLORADO, AMENDING SECTION 3-14-15 OF THE 10 LITTLETON MUNICIPAL CODE PERTAINING TO ADULT 11 ENTERTAINMENT ESTABLISHMENTS 12 13 WHEREAS, the City Council of the City of Littleton desires to update the Littleton 14 Municipal Code to reflect the current Colorado Revised Statutes; and 15 16 WHEREAS, Section 3-14-15 of the Littleton Municipal Code is amended to show 17 a change to the maximum jail penalty, reducing the term by one day. 18 19 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF 20 THE CITY OF LITTLETON, COLORADO, THAT: 21 22 Section 1: Section 15 of Chapter 14 of Title 3, Standards of Conduct is amended 23 as follows: 24 25 3-14-15: STANDARDS OF CONDUCT: 26 27 (A) The following standards of conduct must be adhered to by employees of any adult business 28 which offers, conducts or maintains live adult entertainment:

29 1. Clothing: No employee or entertainer mingling with the patrons or serving food or beverages 30 shall be unclothed or in such attire, costume or clothing so as to expose to view any specified 31 anatomical area.

32 2. Touching, Caressing, Fondling: No employee or entertainer shall encourage or knowingly 33 permit any person upon the premises to touch, caress or fondle the breasts, buttocks, anus or 34 genitals of any other person.

35 3. Simulation Of Specified Areas: No employee or entertainer shall wear or use any device or 36 covering exposed to view, which simulates the breast, genitals, anus, pubic hair or any portion 37 thereof.

38 4. Performance Standards:

39 (a) No employee or entertainer shall be unclothed or in such attire, costume or clothing so as to 40 expose any portion of the specified anatomical area except upon a stage at least eighteen inches 41 (18") above the immediate floor level and removed at least six feet (6') from the nearest patron or 42 behind a solid, uninterrupted physical barrier which completely separates the entertainer from 1 43 any patrons. This barrier must be a minimum of one-fourth inch ( /4") thick and have no 44 openings between the entertainer and any patrons. The stage shall be fixed and immovable. Ordinance No. 08 Series, 2020 Page 2

1 (b) No employee or entertainer shall perform while nude or seminude any obscene acts or 2 obscene acts which simulate specified sexual activities.

3 5. Use Of Inanimate Objects: No employee or entertainer shall use artificial devices or inanimate 4 objects to depict any of the prohibited activities described in this Section.

5 6. Menu: There shall be posted and conspicuously displayed in every area offering adult 6 entertainment a list of food and beverage prices.

7 7. Alcohol And Liquor: No adult entertainment use shall be located within any premises which is 8 licensed for the retail sale of three and two-tenths percent (3.2%) beer, malt, vinous or spirituous 9 liquor, as such terms are defined in title 12, articles 46 and 47 SECTION 44-3-103 OF THE 10 Colorado Revised Statutes.

11 8. Consumption Of Alcohol: It shall be unlawful to permit the consumption of three and two- 12 tenths percent (3.2%) beer or other alcoholic beverages within the same premises as an adult 13 entertainment use.

14 9. Tips: Any tips for entertainers shall be placed by a patron into a tip box which is permanently 15 affixed in the adult business and no tip may be handed directly to an entertainer. A licensee that 16 desires to provide for such tips from its patrons shall establish one or more containers to receive 17 tips. Any physical contact between a patron and an entertainer is strictly prohibited.

18 10. Tip Boxes: An adult business that provides tip boxes shall conspicuously display in the 19 common area of the premises one or more signs in letters at least one inch (1") high to read as 20 follows: 21 22 ADULT ENTERTAINMENT IS REGULATED 23 BY THE CITY OF LITTLETON 24 25 Any tips are to be placed in tip box and not handed directly to the entertainer. Any physical 26 contact between the patron and the entertainer is prohibited by law. Violators face maximum 27 penalties of $1,000 and/or one year THREE HUNDRED SIXTY-FOUR (364) DAYS in jail.

28 11. Outside Visibility: No adult entertainment occurring on the premises shall be visible at any 29 time from outside of the premises.

30 31 (B) Any licensee who offers, conducts, or maintains live adult entertainment or an adult arcade 32 which exhibits in a peep booth, a film, videocassette or other video reproduction, shall 33 comply with the following requirements in addition to those set forth in subsection (A) of 34 this section:

35 1. It is the duty of the licensee of the premises to ensure that at least one employee is on duty and 36 situated in each manager's station at all times that any patron is present inside the premises. Ordinance No. 08 Series, 2020 Page 3

1 2. It is the duty of the licensee and manager of the premises to ensure that any doors to public 2 areas on the premises remain unlocked during business hours.

3 3. The interior of the premises shall be configured in such a manner that there is an unobstructed 4 view from a manager's station of every area of the premises to which any patron is permitted 5 access for any purpose, excluding restrooms. Restrooms may not contain video reproduction 6 equipment or other forms of adult entertainment. If the premises has two (2) or more manager's 7 stations designated, then the interior of the premises shall be configured in such a manner that 8 there is an unobstructed view of each area of the premises to which any patron is permitted 9 access for any purpose, excluding restrooms, from at least one of the manager's, stations. The 10 view required in this subsection must be by direct line of sight from the manager's station. A 11 manager's station may not exceed thirty two (32) square feet of floor area.

12 4. No alteration to the configuration or location of an adult business may be made without the 13 prior written approval of the zoning official. 14 15 5. It shall be the duty of the licensee, and it shall also be the duty of any agents and employees 16 present in the premises to ensure that the view area specified in subsection (B)3 of this section 17 remains unobstructed by any doors, curtains, drapes, walls, merchandise, display racks or other 18 materials at all times and to ensure that no patron is permitted access to any area of the premises 19 which has been designated as an area in which patrons will not be permitted in the license 20 application filed pursuant to this chapter.

21 6. No peep booth may be occupied by more than one person at any one time.

22 7. Peep booths must be separated from other peep booths by a solid, uninterrupted physical 1 23 divider which is a minimum of one-fourth inch ( /4") thick and serves to prevent physical contact 24 between patrons.

25 Section 2: Severability. If any part, section, subsection, sentence, clause or 26 phrase of this ordinance is for any reason held to be invalid, such invalidity shall not affect the 27 validity of the remaining sections of this ordinance. The City Council hereby declares that it would 28 have passed this ordinance, including each part, section, subsection, sentence, clause or phrase 29 hereof, irrespective of the fact that one or more parts, sections, subsections, sentences, clauses or 30 phrases may be declared invalid. 31 32 Section 3: Repealer. All ordinances or resolutions, or parts thereof, in conflict 33 with this ordinance are hereby repealed, provided that this repealer shall not repeal the repealer 34 clauses of such ordinance nor revive any ordinance thereby. 35 36 37 INTRODUCED AS A BILL at a regularly scheduled meeting of the City Council

38 of the City of Littleton on the 3rd day of March, 2020, passed on first reading by a vote of ___ Ordinance No. 08 Series, 2020 Page 4

1 FOR and ___ AGAINST; and ordered published by posting at Littleton Center, Bemis Library,

2 the Municipal Courthouse and on the City of Littleton Website.

3 PUBLIC HEARING on the Ordinance to take place on the 17th day of March, 2020,

4 in the Council Chambers, Littleton Center, 2255 West Berry Avenue, Littleton, Colorado, at the

5 hour of 6:30 p.m., or as soon thereafter as it may be heard.

7 PASSED on second and final reading, following public hearing, by a vote of FOR

8 and _____ AGAINST on the 2020 and ordered published by posting at Littleton Center, Bemis

9 Library, the Municipal Courthouse and on the City of Littleton Website.

10 ATTEST:

11 ______12 Colleen L. Norton Jerry Valdes 13 INTERIM CITY CLERK MAYOR 14 15 ______16 Reid Betzing 17 CITY ATTORNEY 18 19 CODE: _Title 3, Chapter 14: Adult Entertainment Establishments__ DATE: February 2020

Code Section Proposed Change Reason

1 3-14-15 Amend maximum jail sentence and statute Align with state law Standards of reference Conduct

Littleton Center City of Littleton 2255 West Berry Avenue Littleton, CO 80120 7(g) Staff Communication

File #: Ordinance 13-2020, Version: 1

Agenda Date: 03/03/2020

Subject: Ordinance 13-2020: An ordinance on first reading amending Title 9, Chapter 1, Sections 1 and 12 of the Littleton Municipal Code pertaining to the Model Traffic Code and traffic violations

Prepared by: Reid Betzing, City Attorney; Ashley Augustin, Senior Assistant City Attorney

PURPOSE: Staff wishes to update the Littleton Municipal Code related to the Model Traffic Code and traffic violations.

PRESENTATIONS: Staff Presenter(s): Reid Betzing, City Attorney and Ashley Augustin, Senior Assistant City Attorney Additional Presenter(s): N/A

SUMMARY: Within the Littleton municipal code there are several areas that need to be updated. These updates range from simple clean up, to amending sections to more closely align with changes in state law, to adding new ordinances to help address issues that are currently not prosecutable in the City’s municipal court.

PRIOR ACTIONS OR DISCUSSIONS: Presented and discussed in a Study Session on February 18, 2020.

ANALYSIS: Staff Analysis Staff has researched legal updates in state law, as well as sought input from the Police Department, Municipal Court, and other impacted staff related to the criminal code.

Council Goal, Objective, and/or Guiding Principle One of Council’s Goals in 2019 was to bring the municipal code up to date on current state law provisions.

Fiscal Impacts No negative fiscal impacts for the city.

STAFF RECOMMENDATION: Staff recommends approval of the ordinance on first reading regarding updates to the Littleton Municipal Code as related to the

City of Littleton Page 1 of 2 Printed on 2/27/2020 powered by Legistar™ File #: Ordinance 13-2020, Version: 1

Model Traffic Code and traffic violations.

PROPOSED MOTION: I move to approve the ordinance on first reading amending Title 9, Chapter 1, Sections 1 and 12 of the Littleton Municipal Code and to set the second reading and public hearing for March 17, 2020.

City of Littleton Page 2 of 2 Printed on 2/27/2020 powered by Legistar™ 1 CITY OF LITTLETON, COLORADO 2 3 ORDINANCE NO. 13 4 5 Series, 2020 6 7 8 AN ORDINANCE OF THE CITY OF LITTLETON, 9 COLORADO, AMENDING SECTIONS 9-1-1 PERTAINING 10 TO THE MODEL TRAFFIC CODE AND 9-1-12 11 PERTAINING TO TRAFFIC VIOLATIONS OF THE 12 LITTLETON MUNICIPAL CODE 13 14 WHEREAS, the City Council of the City of Littleton, Colorado, deems it in the 15 best interest of the City to update the law for regulation of traffic requirements by updating from 16 the 2010 Model Traffic Code to the 2020 Model Traffic Code to remain consistent with statewide 17 regulations. 18 19 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF 20 THE CITY OF LITTLETON, COLORADO, THAT: 21 22 Section 1: Section 9-1-1 of the Littleton City Code is hereby amended as follows:

23 9-1-1: ADOPTION OF MODEL TRAFFIC CODE: 24 Pursuant to section 44 of the charter of the city, there is hereby adopted by reference the 2010 25 2020 edition of the "mModel tTraffic cCode" for Colorado municipalities, promulgated and 26 published by the Colorado dDepartment of tTransportation staff, tTraffic Engineering and 27 sSafety projects bBranch, 4201 East Arkansas Avenue 2829 W HOWARD PLACE, DENVER, 28 CO 80222 80204. The subject matter of the mModel tTraffic cCode relates primarily to 29 comprehensive traffic control regulations for the city. The purpose of this chapter and the code 30 adopted herein is to provide a system of traffic regulations consistent with state law and 31 generally conforming to similar regulations throughout the state and the nation. Three (3) copies 32 of the mModel tTraffic cCode adopted herein are now filed in the office of the clerk of the city, 33 2255 West Berry Avenue, Littleton, CO 80165, and may be inspected during regular business 34 hours. The 2010 edition of the model traffic code is adopted as if set out at length, save and 35 except for additions, amendments, and modifications as particularly described in this chapter, or 36 as may be amended.

37 (A) Deletions: The 2010 2020 edition of the mModel tTraffic cCode is adopted as if set out 38 at length save and except the following articles and/or sections which are declared to be 39 inapplicable to this municipality and are therefore expressly deleted: 40 41 1701 and 1702 and any other enumerated reference to penalties throughout the mModel 42 tTraffic cCode.

43 Section 2: Section 9-1-12 of the Littleton City Code is hereby amended as follows: 44 45 9-1-12: TRAFFIC VIOLATIONS: 46 Ordinance No. 13 Series, 2020 Page 2

1 (A) Civil Matters: All traffic infractions are deemed and shall constitute civil matters and are not 2 criminal violations.

3 (B) Jury Trial; Penalty: In accordance with Colorado Revised Statutes section 13-10-114 and 4 rule 223, municipal court rules of procedure a defendant brought to trial solely upon a traffic 5 infraction shall have no right to a trial by jury. Trials of all traffic infractions shall be to the 6 court. Any defendant charged with both a traffic infraction and traffic offense shall have a 7 right to a trial by jury on all violations contained within the summons. No defendant found 8 liable for a traffic infraction shall be punished by imprisonment for such traffic infraction.

9 (C) Failure To Appear: In no event should a bench warrant be issued for the arrest of any person 10 who fails to appear for a hearing on a traffic infraction. Any failure to appear shall result in 11 the entry of an outstanding judgment against such person.

12 (D) Definitions:

13 TRAFFIC INFRACTION: Every violation of any provision of this chapter relating to traffic or 14 any provision of the model traffic code, as adopted in section 9-1-1 of this chapter or amended 15 by the city, except those traffic violations defined as traffic offenses. 16 17 TRAFFIC OFFENSE: The following offenses as set forth in this chapter or in article I of the 18 model traffic code as adopted and amended by the city:

19 1. Sec. 1903: Stopping For School Buses.

20 2. Secs. 1101, 1102, 1103: Basic [Speed] Rule--decrease of speed limits--increase of speed limits 21 (only where the speed alleged is greater than 24 miles per hour over the posted speed limit).

22 3. Sec. 1105: Speed Contests.

23 4. Sec. 1401: Reckless Driving.

24 5. Sec. 1402: Careless Driving.

25 6. Sec. 509: Vehicles Weighed, Excess Removed.

26 7. Sec. 233: Alteration Of Suspension System.

27 8. Sec. 1413: Eluding Or Attempting To Elude Police Officer.

28 9. Sec. 1409: Compulsory Insurance.

29 10. Sec. 107: Obedience To Police Officers. Ordinance No. 13 Series, 2020 Page 3

1 11. Sec. 235: Minimum Standards For Commercial Vehicles.

2 TRAFFIC VIOLATION: Any violation of this chapter, whether or not such violation is a traffic 3 infraction or traffic offense. (Ord. 5, Series of 2009)

4 5 (E) Penalties: The following penalties, as provided by section 1-4-1 of this code, shall apply to 6 all traffic violations:

7 1. It shall be unlawful for any person to violate any of the provisions in this chapter.

8 2. Traffic infractions shall be punishable by a fine not to exceed one thousand dollars 9 ($1,000.00).

10 3. Traffic offenses shall be punishable by a fine not to exceed one TWO thousand SIX 11 HUNDRED FIFTY dollars ($1,000.00($2,650.00), or by imprisonment not to exceed THREE 12 HUNDRED SIXTY-FOUR (364) DAYS one year, or by such fine and imprisonment.

14 Section 3: Severability. If any part, section, subsection, sentence, clause or 15 phrase of this ordinance is for any reason held to be invalid, such invalidity shall not affect the 16 validity of the remaining sections of this ordinance. The City Council hereby declares that it would 17 have passed this ordinance, including each part, section, subsection, sentence, clause or phrase 18 hereof, irrespective of the fact that one or more parts, sections, subsections, sentences, clauses or 19 phrases may be declared invalid. 20 21 Section 4: Repealer. All ordinances or resolutions, or parts thereof, in conflict 22 with this ordinance are hereby repealed, provided that this repealer shall not repeal the repealer 23 clauses of such ordinance nor revive any ordinance thereby. 24 25 26 INTRODUCED AS A BILL at a regularly scheduled meeting of the City Council

27 of the City of Littleton on the 3rd day of March, 2020, passed on first reading by a vote of ___

28 FOR and ___ AGAINST; and ordered published by posting at Littleton Center, Bemis Library,

29 the Municipal Courthouse and on the City of Littleton Website.

30 PUBLIC HEARING on the Ordinance to take place on the 17th day of March, 2020,

31 in the Council Chamber, Littleton Center, 2255 West Berry Avenue, Littleton, Colorado, at the Ordinance No. Series, 2020 Page 4

32 hour of 6:30 p.m., or as soon thereafter as it may be heard.

34 PASSED on second and final reading, following public hearing, by a vote of FOR

35 and _____ AGAINST on the 17th day of March, 2020 and ordered published by posting at Littleton

36 Center, Bemis Library, the Municipal Courthouse and on the City of Littleton Website.

37 ATTEST:

38 ______39 Colleen L. Norton Jerry Valdes 40 INTERIM CITY CLERK MAYOR 41 42 ______43 Reid Betzing 44 CITY ATTORNEY 45 46 CODE: _Title 9, Chapter 1: Traffic Code__ DATE: ______

Code Section Proposed Change Reason

1 9-1-1 Amend punctuation and update to reflect Update from 2010 MTC to 2020 MTC to remain Adoption of Model language to formally adopt the 2020 MTC consistent statewide. Traffic Code

2 9-1-12 Amend penalty section (E) Align with state law and remain consistent Traffic Violations throughout the Code

Littleton Center City of Littleton 2255 West Berry Avenue Littleton, CO 80120 7(h) Staff Communication

File #: Resolution 14-2020, Version: 1

Agenda Date: 03/03/2020

Subject: Resolution 14-2020: Approving an IGA with Colorado Department of Transportation (CDOT) for a Planning and Environmental Linkages (PEL) study on US-85, between C-470 and I-25/Alameda, including the City of Littleton and provide a financial contribution for the study

Prepared by: Keith Reester, Public Works Director

PURPOSE: Approve an Intergovernmental Agreement with the Colorado Department of Transportation to participate in a Planning and Environmental Linkages Study for US-85.

PRESENTATIONS: Staff Presenter(s): Keith Reester, Public Works Director Additional Presenter(s):

SUMMARY: Over the past three years the city of Littleton has worked to develop a multijurisdictional partnership of all entities along US-85, Santa Fe Blvd, from Alameda to C-470 to support completing a Planning and Environmental Linkages (PEL) study to develop future scenarios for improvements to the corridor. The PEL process involves municipal and public engagement to assess and prioritize alternatives. The PEL will allow the highest priority projects to then proceed to National Environmental Policy Act (NEPA) review and clearance allowing for future state and federal funding to be applied to construct improvements. The PEL seeks to balance needs and alternatives to establish a strategic approach to corridor improvements and management.

PRIOR ACTIONS OR DISCUSSIONS: City Council and the Transportation and Mobility Board have been updated throughout the collaborative process to get to this project initiation point. The project will be led by CDOT with an advisory team of partner jurisdictions.

ANALYSIS: Staff Analysis The PEL is a significant step forward in aligning community needs with public improvements necessary in the Santa Fe corridor. Littleton is uniquely positioned for this project having recently completed the Envision Comprehensive Plan and Transportation Master Plan projects. The two plans will the city to clearly enunciate our community goals and community character as part the of process.

Council Goal, Objective, and/or Guiding Principle Approving this IGA meets 2019 Envision Goal No. 1 regarding the Transportation Master Plan approved in October, 2019, impacts and aligns with any work related to Downtown Littleton and the river, as well as advances the proposed 2020 objective of strategic partnerships.

City of Littleton Page 1 of 2 Printed on 2/27/2020 powered by Legistar™ File #: Resolution 14-2020, Version: 1

Fiscal Impacts The city portion of the local match is $189,330. The total local match spread across 7 partners is $1,500,000. The federal TIP grant is $1,500,000 making the total project value $3,000,000.

The city originally budgeted $200,000 in 2019 for the project and is now included in the 2019 carryovers scheduled for council’s first reading of the encumbrance ordinance on March 3, 2020; therefore, there are sufficient funds budgeted for this project.

Alternatives If not approved, the city would not play an active role in defining the future of this corridor as the PEL proceeds. This would put Littleton at a significant disadvantage in attaining community goals related to transportation, economic development, and quality of life.

STAFF RECOMMENDATION: Staff recommends approval of the Intergovernmental Agreement.

PROPOSED MOTION: I move to approve the resolution approving an IGA with Colorado Department of Transportation (CDOT) for a Planning and Environmental Linkages (PEL) study on US-85, between C-470 and I-25/Alameda, including the City of Littleton, and provide a financial contribution for the study.

City of Littleton Page 2 of 2 Printed on 2/27/2020 powered by Legistar™ 1 CITY OF LITTLETON, COLORADO 2 3 Resolution No. 14 4 5 Series, 2020 6 7 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 8 LITTLETON, COLORADO, APPROVING AN INTERGOVERNMENTAL 9 AGREEMENT WITH THE COLORADO DEPARTMENT OF 10 TRANSPORTATION, TO COMPLETE A PLANNING AND 11 ENVIRONMENTAL LINKAGES (PEL) STUDY FOR SANTA FE DRIVE 12 (UNITED STATES HIGHWAY 85) FROM COLORADO 470 TO 13 INTERSTATE 25/ALAMEDA, INCLUDING THE CITY OF LITTLETON, 14 AND PROVIDE A FINANCIAL CONTRIBUTION FOR THE STUDY 15 16 WHEREAS, the Council may, by resolution, enter into contracts with other 17 governmental bodies to furnish or receive governmental services, to make or pay charges for such 18 service, and to enter into cooperative or joint activities with other governmental bodies; and 19 20 WHEREAS, the City of Littleton has vested interest in assuring sound 21 transportation and environmental planning along this regionally significant corridor; and 22 23 WHEREAS, A Planning and Environmental Linkages Study (PEL) provides a 24 platform to support smart transportation management, define important future right-of-way needs, 25 and support local interests while balancing environmental and social justice impacts; and 26 27 WHEREAS, the City of Littleton has agreed to contribute $189,330 to complete 28 the PEL Study. 29 30 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF 31 THE CITY OF LITTLETON, COLORADO, THAT: 32 33 An Intergovernmental Agreement with Colorado Department of Transportation to 34 complete a Planning and Environmental Linkages Study for Santa Fe Drive (United States 35 Highway 85) from Colorado 470 to Interstate 25/Alameda is hereby approved. 36 37 INTRODUCED, READ AND ADOPTED at a regularly scheduled meeting of the

38 City Council of the City of Littleton, Colorado, on the 3rd day of March, 2020, at 6:30 p.m. at the

39 Littleton Center, 2255 West Berry Avenue, Littleton, Colorado.

40 41 42 43 Resolution No. 14 Page 2 of 2 1 ATTEST: 2 3 ______4 Colleen L. Norton Jerry Valdes 5 INTERIM CITY CLERK MAYOR 6 7 APPROVED AS TO FORM: 8 9 ______10 Reid Betzing 11 CITY ATTORNEY 12 13 14 PO #: 471001547 Routing #: 20-HA1-ZH-03086

(Local $CDOTWRK) REGION: 1 (DZ) PROJECT: 0852-117 (23143)

CONTRACT

THIS CONTRACT, executed this _____ day of ______, ______by and between the State of Colorado, for the use and benefit of the Colorado Department of Transportation (“State” or “CDOT”) and CITY OF LITTLETON, 2255 W Berry Ave, Littleton, Colorado, 80120, CDOT Vendor #: 0002000049 (“Local Agency”), and the State and the Local Agency together shall be referred to as the “Parties.”

RECITALS

1. Required approval, clearance and coordination have been accomplished from and with appropriate agencies.. 2. Section 43-2-102 and 103, C.R.S require the State to maintain state highways (including where such highways extend through a city or an incorporated town), and 43-2-135 describes certain specific responsibilities of the State and affected local entities (respectively) with respect to state highways that are also part of a local street system; 3. The Local Agency has estimated the contribution and is prepared to provide the funding required for their contribution toward the Project, as evidenced by an appropriate ordinance or resolution duly passed and adopted by the authorized representatives of the Local Agency, which expressly authorizes the Local Agency to enter into this agreement and to expend its funds for the Contribution 4. The Local Agency has funds available and desires to provide 100% of the funding for the Work. 5. This contract is executed under the authority of §§ 29-1-203, 43-1-110; 43-1-116, 43-2-101(4)(c) and 43-2-144, C.R.S. and Exhibit B. 6. The parties hereto desire to agree upon the division of responsibilities with regard to the project.

THE PARTIES NOW AGREE THAT:

Section 1. Scope of Work The work under this Contract shall consist of the US-85 Planning and Environmental Linkage study on US-85, between C-470 and I-25/Alameda, and the Local Agency shall provide their Contribution toward the Project, in Littleton, Colorado, as more specifically described in Exhibit A.

Section 2. Order of Precedence In the event of conflicts or inconsistencies between this Contract and its exhibits, such conflicts or inconsistencies shall be resolved by reference to the documents in the following order of priority: 1. This Contract 2. Exhibit A (Scope of Work) 3. Other Exhibits in descending order of their attachment.

Section 3. Term This agreement shall be effective upon approval of the CDOT Chief Engineer or designee. The term of this agreement shall continue through the completion and final acceptance of the Project by the State, FHWA and the Local Agency, or June 30, 2025, whichever occurs sooner.

Section 4. Project Funding Provisions

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A. The Local Agency has estimated the total cost of the Contribution and is prepared to provide its funding, as evidenced by an the signing of this Contract, which expressly authorizes the Local Agency the authority to expend its Contribution toward the Project. B. The contribution is estimated to be $189,330.00. C. The maximum amount payable by the Local Agency under this contract shall be $189,330.00 unless such amount is increased by an appropriate written modification to this contract executed by the Parties hereto before any increased cost is incurred D The Parties hereto agree that this contract is contingent upon all funds designated for the project herein being made available from state sources, as applicable. Should these sources fail to provide necessary funds as agreed upon herein, the contract may be terminated by either party, provided that any party terminating its interest and obligations herein shall not be relieved of any obligations which existed prior to the effective date of such termination or which may occur as a result of such termination..

Section 5. Project Payment Provisions A. The Local Agency will reimburse the State for incurred costs relative to the project following the Local Agency's review and approval of such charges, subject to the terms and conditions of this agreement. B. If the Local Agency is to be billed for CDOT incurred costs, the billing procedure shall be as follows: 1. Upon receipt of each bill from the State, the Local Agency will remit to the State the amount billed no later than 60 days after receipt of each bill. Should the Local Agency fail to pay moneys due the State within 60 days of demand or within such other period as may be agreed between the parties hereto, the Local Agency agrees that, at the request of the State, the State Treasurer may withhold an equal amount from future apportionment due the Local Agency from the Highway Users Tax Fund and to pay such funds directly to the State. Interim funds, until the State is reimbursed, shall be payable from the State Highway Supplementary Fund (400). 2. If the Local Agency fails to make timely payment to the State as required by this section (within 60 days after the date of each bill), the Local Agency shall pay interest to the State at a rate of one percent per month on the amount of the payment which was not made in a timely manner, until the billing is paid in full. The interest shall accrue for the period from the required payment date to the date on which payment is made. C. The State will prepare and submit to the Local Agency, no more than monthly, charges for costs incurred relative to the project. The State’s invoices shall include a description of the amounts of services performed, the dates of performance and the amounts and description of reimbursable expenses. The invoices will be prepared in accordance with the State’s standard policies, procedures and standardized billing format.

Section 6. State and Local Agency Commitments The Scope of Work (Exhibit A) describes the work to be performed. A. Design [if applicable] 1. If the work includes preliminary design or final design (the “Construction Plans”), or design work sheets, or special provisions and estimates (collectively referred to as the “Plans”), the State shall comply with the following requirements, as applicable: a. perform or provide the Plans, to the extent required by the nature of the work. b. prepare final design (Construction Plans) in accord with the requirements of the latest edition of the American Association of State Highway Transportation Officials (AASHTO) manual or other standard, such as the Uniform Building Code, as approved by CDOT. c. prepare special provisions and estimates in accord with the State’s Roadway and Bridge Design Manuals and Standard Specifications for Road and Bridge Construction. d. include details of any required detours in the Plans, in order to prevent any interference of the construction work and to protect the traveling public. e. stamp the Plans produced by a Colorado Registered Professional Engineer. f. provide final assembly of Plans and contract documents. g. be responsible for the Plans being accurate and complete. h. make no further changes in the Plans following the award of the construction contract except by agreement in writing between the parties. The Plans shall be considered final when approved and accepted by the parties hereto, and when final they shall be deemed incorporated herein.

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B. Construction [if applicable] 1. If the work includes construction, the State shall perform the construction in accordance with the approved design plans and/or administer the construction all in accord with the Scope of Work (Exhibit A). Such administration shall include project inspection and testing; approving sources of materials; performing required plant and shop inspections; documentation of contract payments, testing and inspection activities; preparing and approving pay estimates; preparing, approving and securing the funding for contract modification orders and minor contract revisions; processing contractor claims; construction supervision; and meeting the Quality Control requirements of the FHWA/CDOT Stewardship Agreement. 2. Subject to Section 5, if the State is the responsible party: a. it shall appoint a qualified professional engineer, licensed in the State of Colorado, as the State Agency Project Engineer (SAPE), to perform that administration. The SAPE shall administer the project in accordance with this agreement, the requirements of the construction contract and applicable State procedures. b. if bids are to be let for the construction of the project, the State shall, in conjunction with the Local Agency, advertise the call for bids and upon concurrence by the Local Agency will award the construction contract(s) to the low responsive, responsible bidder(s). (1) in advertising and awarding the bid for the construction of a federal-aid project, the State shall comply with applicable requirements of 23 USC § 112 and 23 CFR Parts 633 and 635 and C.R.S. § 24-92-101 et seq. Those requirements include, without limitation, that the State/contractor shall incorporate Form 1273 in its entirety verbatim into any subcontract(s) for those services as terms and conditions therefore, as required by 23 CFR 633.102(e). (2) the Local Agency has the option to concur or not concur in the proposal of the apparent low bidder for work on which competitive bids have been received. The Local Agency must declare its concurrence or non-concurrence within 3 working days after said bids are publicly opened. (3) by indicating its concurrence in such award, the Local Agency, acting by or through its duly authorized representatives, agrees to provide additional funds, subject to their availability and appropriation for that purpose, if required to complete the work under this project if no additional federal-aid funds will be made available for the project. c. If all or part of the construction work is to be accomplished by State personnel (i.e. by force account), rather than by a competitive bidding process, the State will ensure that all such force account work is accomplished in accordance with the pertinent State specifications and requirements with 23 CFR 635, Subpart B, Force Account Construction.

Section 7. ROW Acquisition and Relocation If the Project includes right of way, prior to this project being advertised for bids, the State will certify in writing that all right of way has been acquired in accordance with the applicable state and federal regulations, or that no additional right of way is required. Any acquisition/relocation activities must comply with: all applicable federal and state statutes and regulations, including but not limited to the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 as amended (P.L. 91-646) and the Uniform Relocation Assistance and Real Property Acquisition Policies for Federal and Federally Assisted Programs as amended (49 CFR Part 24); CDOT’s Right of Way Manual; and CDOT’s Policy and Procedural Directives. Allocation of Responsibilities are as follows:

● Federal participation in right of way acquisition (3111 charges), relocation (3109 charges) activities, if any, and right of way incidentals (expenses incidental to acquisition/relocation of right of way – 3114 charges); ● Federal participation in right of way acquisition (3111 charges), relocation (3109 charges) but no participation in incidental expenses (3114 charges); or ● No federal participation in right of way acquisition (3111 charges) and relocation activities (3109 expenses).

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Regardless of the option selected above, the State retains oversight responsibilities. The Local Agency’s and the State’s responsibilities for each option is specifically set forth in CDOT’s Right of Way Manual. The manual is located at http://www.coloradodot.info/business/manuals/right-of-way. If right of way is purchased for a state highway, including areas of influence of the state highway, the local agency shall immediately convey title to such right of way to CDOT after the Local Agency obtains title.

Section 8. Utilities If necessary, the State will be responsible for obtaining the proper clearance or approval from any utility company, which may become involved in this Project. Prior to this Project being advertised for bids, the responsible party will certify in writing that all such clearances have been obtained.

Section 9. Railroads In the event the Project involves modification of a railroad company’s facilities whereby the work is to be accomplished by railroad company forces, the State shall make timely application to the Public Utilities Commission requesting its order providing for the installation of the proposed improvements and not proceed with that part of the work without compliance. The State shall also establish contact with the railroad company involved for the purpose of complying with applicable provisions of 23 CFR 646, subpart B, concerning federal-aid projects involving railroad facilities, including: 1. Executing an agreement setting out what work is to be accomplished and the location(s) thereof, and that the costs of the improvement shall be eligible for federal participation. 2. Obtaining the railroad’s detailed estimate of the cost of the work. 3. Establishing future maintenance responsibilities for the proposed installation. 4. Prescribing future use or dispositions of the proposed improvements in the event of abandonment or elimination of a grade crossing. 5. Establishing future repair and/or replacement responsibilities in the event of accidental destruction or damage to the installation.

Section 10. Environmental Obligations The State shall perform all work in accordance with the requirements of the current federal and state environmental regulations including the National Environmental Policy Act of 1969 (NEPA) as applicable.

Section 11. Maintenance Obligations The Local Agency will maintain and operate the improvements constructed under this agreement at its own cost and expense during their useful life, in a manner satisfactory to the State and FHWA. The Local Agency will make proper provisions for such maintenance obligations each year. Such maintenance and operations shall be conducted in accordance with all applicable statutes, ordinances and regulations. The State and FHWA will make periodic inspections of the project to verify that such improvements are being adequately maintained.

Section 12. Record Keeping The State shall maintain a complete file of all records, documents, communications, and other written materials, which pertain to the costs incurred under this agreement. The State shall maintain such records for a period of three (3) years after the date of termination of this agreement or final payment hereunder, whichever is later, or for such further period as may be necessary to resolve any matters which may be pending. The State shall make such materials available for inspection at all reasonable times and shall permit duly authorized agents and employees of the Local Agency and FHWA to inspect the project and to inspect, review and audit the project records.

Section 13. Termination Provisions This agreement may be terminated as follows: A. Termination for Convenience. The State may terminate this agreement at any time the State determines that the purposes of the distribution of moneys under the agreement would no longer be served by completion of the

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project. The State shall effect such termination by giving written notice of termination to the Local Agency and specifying the effective date thereof, at least twenty (20) days before the effective date of such termination. B. Termination for Cause. If, through any cause, the Local Agency shall fail to fulfill, in a timely and proper manner, its obligations under this agreement, or if the Local Agency shall violate any of the covenants, agreements, or stipulations of this agreement, the State shall thereupon have the right to terminate this agreement for cause by giving written notice to the Local Agency of its intent to terminate and at least ten (10) days opportunity to cure the default or show cause why termination is otherwise not appropriate. In the event of termination, all finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs and reports or other material prepared by the Local Agency under this agreement shall, at the option of the State, become its property, and the Local Agency shall be entitled to receive just and equitable compensation for any services and supplies delivered and accepted. Notwithstanding the above, the Local Agency shall not be relieved of liability to the State for any damages sustained by the State by virtue of any breach of the agreement by the Local Agency, and the State may withhold payment to the Local Agency for the purposes of mitigating its damages until such time as the exact amount of damages due to the State from the Local Agency is determined. If after such termination it is determined, for any reason, that the Local Agency was not in default or that the Local Agency’s action/inaction was excusable, such termination shall be treated as a termination for convenience, and the rights and obligations of the parties shall be the same as if the agreement had been terminated for convenience, as described herein.

Section 14. Legal Authority The Local Agency warrants that it possesses the legal authority to enter into this agreement and that it has taken all actions required by its procedures, by-laws, and/or applicable law to exercise that authority, and to lawfully authorize its undersigned signatory to execute this agreement and to bind the Local Agency to its terms. The person(s) executing this agreement on behalf of the Local Agency warrants that such person(s) has full authorization to execute this agreement.

Section 15. Representatives and Notice The State will provide liaison with the Local Agency through the State's Region Director, Region 1, 2829 W Howard Pl, 2nd Floor, Denver, CO 80204. Said Region Director will also be responsible for coordinating the State's activities under this agreement and will also issue a "Notice to Proceed" to the Local Agency for commencement of the work. All communications relating to the day-to-day activities for the work shall be exchanged between representatives of the State’s Transportation Region 1 and the Local Agency. All communication, notices, and correspondence shall be addressed to the individuals identified below. Either party may from time to time designate in writing new or substitute representatives. If to the State: If to the Local Agency: Steve Sherman Keith Reester CDOT Region 1 CITY OF LITTLETON 2829 W Howard Pl, 2nd Floor 2255 W Berry Ave Denver, Colorado 80204 Littleton, Colorado 80120 303-512-5986 303-795-3866 [email protected] [email protected]

Section 16. Successors Except as herein otherwise provided, this agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns.

Section 17. Third Party Beneficiaries It is expressly understood and agreed that the enforcement of the terms and conditions of this agreement and all rights of action relating to such enforcement, shall be strictly reserved to the State and the Local Agency. Nothing contained in this agreement shall give or allow any claim or right of action whatsoever by any other third person. It is the express intention of the State and the Local Agency that any such person or entity, other than the State or the Local Agency receiving services or benefits under this agreement shall be deemed an incidental beneficiary only. Document Builder Generated Page 5 of 7 Rev. 12/09/2016

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Section 18. Governmental Immunity Notwithstanding any other provision of this agreement to the contrary, no term or condition of this agreement shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protection, or other provisions of the Colorado Governmental Immunity Act, § 24-10-101, et seq., C.R.S., as now or hereafter amended. The parties understand and agree that liability for claims for injuries to persons or property arising out of negligence of the State of Colorado, its departments, institutions, agencies, boards, officials and employees is controlled and limited by the provisions of § 24-10-101, et seq., C.R.S., as now or hereafter amended and the risk management statutes, §§ 24-30-1501, et seq., C.R.S., as now or hereafter amended.

Section 19. Severability To the extent that this agreement may be executed and performance of the obligations of the parties may be accomplished within the intent of the agreement, the terms of this agreement are severable, and should any term or provision hereof be declared invalid or become inoperative for any reason, such invalidity or failure shall not affect the validity of any other term or provision hereof.

Section 20. Waiver The waiver of any breach of a term, provision, or requirement of this agreement shall not be construed or deemed as a waiver of any subsequent breach of such term, provision, or requirement, or of any other term, provision or requirement.

Section 21. Entire Understanding This agreement is intended as the complete integration of all understandings between the parties. No prior or contemporaneous addition, deletion, or other amendment hereto shall have any force or effect whatsoever, unless embodied herein by writing. No subsequent novation, renewal, addition, deletion, or other amendment hereto shall have any force or effect unless embodied in a writing executed and approved pursuant to the State Fiscal Rules.

Section 22. Survival of Agreement Terms Notwithstanding anything herein to the contrary, the parties understand and agree that all terms and conditions of this agreement and the exhibits and attachments hereto which may require continued performance, compliance or effect beyond the termination date of the agreement shall survive such termination date and shall be enforceable by the State as provided herein in the event of such failure to perform or comply by the Local Agency.

Section 23. Modification and Amendment This agreement is subject to such modifications as may be required by changes in federal or State law, or their implementing regulations. Any such required modification shall automatically be incorporated into and be part of this agreement on the effective date of such change as if fully set forth herein. Except as provided above, no modification of this agreement shall be effective unless agreed to in writing by both parties in an amendment to this agreement that is properly executed and approved in accordance with applicable law.

Section 24. Disputes Except as otherwise provided in this agreement, any dispute concerning a question of fact arising under this agreement, which is not disposed of by agreement, will be decided by the Chief Engineer of the Department of Transportation. The decision of the Chief Engineer will be final and conclusive unless, within 30 calendar days after the date of receipt of a copy of such written decision, the Local Agency mails or otherwise furnishes to the State a written appeal addressed to the Executive Director of the Department of Transportation. In connection with any appeal proceeding under this clause, the Local Agency shall be afforded an opportunity to be heard and to offer evidence in support of its appeal. Pending final decision of a dispute hereunder, the Local Agency shall proceed diligently with the performance of the agreement in accordance with the Chief Engineer’s decision. The decision of the Executive Director or his duly authorized representative for the determination of such appeals will be final and conclusive and serve as final agency action. This dispute clause does not preclude consideration of questions of law in connection with decisions provided for herein. Nothing in this agreement, however, shall be construed as making final the decision of any administrative official, representative, or board on a question of law.

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THE PARTIES HERETO HAVE EXECUTED THIS CONTRACT

* Persons signing for The Local Agency hereby swear and affirm that they are authorized to act on The Local Agency’s behalf and acknowledge that the State is relying on their representations to that effect.

THE LOCAL AGENCY STATE OF COLORADO CITY OF LITTLETON Jared S. Polis, GOVERNOR Colorado Department of Transportation By: Title: By______Stephen Harelson, P.E., Chief Engineer (For) Shoshana M. Lew, Executive Director ______*Signature Date:______

Date:______

2nd The Local Agency Signature [if Needed]

By: Title:

______*Signature

Date:______

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Exhibit A Scope of Work 0852-117 23143 US85 (Santa Fe) PEL Study, C470 to I-25/Alameda

Work to be performed by Colorado Department of Transportation (CDOT): The proposed project on the US 85 Corridor would be a focused Planning and Environmental Linkage Study. The PEL is the correct choice as funding for the corridor has yet to be identified, most problems or concerns have been identified, it completes the evaluation/recommendation of a missing piece of US 85 between two studies (US 85 south of C-470 and Central I-25). The study would focus on the issues identified to date by various stakeholders along the corridor (Arapahoe County, Douglas County, City of Littleton, City of Englewood, City of Sheridan, and City & County of Denver) and develop alternatives to address such issues. The study will be the first step in establishing a vision for improvements, operations, and changes within the corridor and will prioritize such for further evaluation, level of NEPA action required, design, and implementation. Another goal would be for consideration of the results/recommendations to be included in various plans (ie DRCOG 2050 Plan, Freight Plan, etc.). The project specifically, would include the following in scope: Project Management and Continuing Requirements Establish Project Team, Technical Committee, Policy Committee and set meetings --Public Involvement Existing Conditions Evaluation (geometrics, crashes, travel demands, traffic ops, structures, drainage/floodplains, bike/ped, etc) Base Mapping, Property ownership --Environmental overview --Purpose and Need and Identifying goals for the Corridor Alternative Development --Screen Alternatives (3 levels likely, Qualitative and Quantitative) --Test Alternatives ----Conceptual design layouts ----Financial Analysis (estimate costs and potential funding packages) Alternative(s) Recommendations with report along with prioritization / phasing of improvements Produce PEL Report Answer FHWA 21 PEL Questions

Work to be performed by CITY OF LITTLETON: In order to advance this project, CITY OF LITTLETON agrees to contribute partial funding of the Study.

Exhibit A

Exhibit A – Page 1 of 1 Exhibit B LOCAL AGENCY RESOLUTION OR ORDINANCE

Exhibit B Littleton Center City of Littleton 2255 West Berry Avenue Littleton, CO 80120 7(i) Staff Communication

File #: Resolution 17-2020, Version: 1

Agenda Date: 03/03/2020

Subject: Resolution 17-2020: Authorizing adoption of Comcast’s Customer Service Standards

Prepared by: Reid Betzing, City Attorney

PURPOSE: Approve a resolution that authorizes adoption of Comcast’s Customer Service Standards.

PRESENTATIONS:

Staff Presenter(s): Reid Betzing, City Attorney and Kelli Narde, Director of Communications and Marketing Additional Presenter(s): NA

SUMMARY: Littleton cable television subscribers have been served by Comcast since 2000. At the January 21, 2020 meeting, council approved the new 10-year franchise that serves the needs of Littleton residents who chose to contract with Comcast. The Customer Service Standards were not included at that time when presented to council.

PRIOR ACTIONS OR DISCUSSIONS: On January 21, 2020, city council approved Ordinance 31-2019 on second reading granting the renewal of a non-exclusive franchise agreement for the use of city rights-of-ways with Comcast.

ANALYSIS: Staff Analysis The new standards are the result of extensive negotiations between the Colorado Communications and Utilities Alliance (CCUA) and Comcast in 2013. CCUA represents more than 60 cities, counties and special districts in Colorado in the areas of government telecommunications management and innovation. Littleton has been a member for more than 20 years. The Customer Service Standards are a basic set of core standards that regulate how Comcast responds to customer needs. For example, the standards call for an appointment window not to exceed four hours, but Comcast strives to respond within a two-hour window.

The standards provide operationally consistent goals for Comcast and its customers throughout the state. The city has the ability to enforce the standards on behalf of its citizens who contract with Comcast. The prior standards were included in the 2000 franchise agreement. The new standards are not within the franchise agreement and need to be adopted separately by resolution.

Council Goal, Objective, and/or Guiding Principle Guiding Principle - Connected - Littleton will be an increasingly connected and accessible place. City Council Goal 2 - Financial Sustainability.

Fiscal Impacts

City of Littleton Page 1 of 2 Printed on 2/27/2020 powered by Legistar™ File #: Resolution 17-2020, Version: 1

None.

Alternatives Adopt the new Customer Service Standards. Do not adopt the new Customer Service Standards.

STAFF RECOMMENDATION: Staff recommends approval of the resolution authorizing adoption of the Comcast Customer Service Standards.

PROPOSED MOTION: I move to approve the resolution authorizing the adoption of Comcast’s Customer Services Standards.

City of Littleton Page 2 of 2 Printed on 2/27/2020 powered by Legistar™ 1 CITY OF LITTLETON, COLORADO 2 3 Resolution No. 17 4 5 Series, 2020 6 7 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 8 LITTLETON, COLORADO, AUTHORIZING ADOPTION OF 9 COMCAST’S CUSTOMER SERVICE STANDARDS 10 11 WHEREAS, city council approved Ordinance 31-2019 on January 21, 2020, 12 granting a renewal of a non-exclusive franchise agreement for the use of city right-of-ways with 13 Comcast; and 14 15 WHEREAS, the customer service standards were not included in the original 16 documents submitted previously; and 17 18 WHEREAS, the city council approve the adoption of the customer service 19 standards for the Comcast Franchise Agreement. 20 21 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF 22 THE CITY OF LITTLETON, COLORADO, THAT: 23 24 The customer service standards for the Comcast Franchise Agreement are 25 approved. 26

27 INTRODUCED, READ AND ADOPTED at a regularly scheduled meeting of the

28 City Council of the City of Littleton, Colorado, on the 3rd day of March 2020, at 6:30 p.m. at the

29 Littleton Center, 2255 West Berry Avenue, Littleton, Colorado.

30 ATTEST: 31 32 ______33 Colleen L. Norton Jerry Valdes 34 INTERIM CITY CLERK MAYOR 35 36 APPROVED AS TO FORM: 37 38 ______39 Reid B. Betzing 40 CITY ATTORNEY 41 42 EXHIBIT A

COLORADO COMMUNICATIONS AND UTILITIES ALLIANCE CUSTOMER SERVICE STANDARDS

Introduction

The Colorado Communications and Utilities Alliance (“CCUA”) has created the following Customer Service Standards (the "Standards") for distribution and adoption by Members. The purpose of the Standards is to establish uniform requirements for the quality of service cable operators are expected to offer their customers in the metropolitan area. The Standards are subject to change from time to time.

The Franchise Authority encourages the Cable Operator to exceed these standards in their day-to-day operations and as such, understands that the Cable Operator may modify their operations in exceeding these standards.

The Standards incorporate the Customer Service Obligations published by the Federal Communications Commission (Section 76.309), April, 1993 and customer service standards of cable television service providers operating in Colorado. Based upon the CCUA’s assessment of the needs of citizens in its members’ jurisdictions, the CCUA adopted, modified and created standards specially tailored to members of the CCUA communities.

The Standards require the cable operator, in certain circumstances, to post a security fund or letter of credit ensuring Customer Service. The security fund is to be used when the cable company fails to respond to a citizen complaint that the franchising authority determines is valid, and to provide a mechanism by which to impose remedies for noncompliance. It is the sincere hope and intention of the CCUA that the security fund will never need to be drawn upon; however, the CCUA believes that some enforcement measures are necessary.

I. POLICY

The Cable Operator should resolve citizen complaints without delay and interference from the Franchising Authority.

Where a given complaint is not addressed by the Cable Operator to the citizen's satisfaction, the Franchising Authority should intervene. In addition, where a pattern of unremedied complaints or noncompliance with the Standards is identified, the Franchising Authority should prescribe a cure and establish a reasonable deadline for implementation of the cure. If the noncompliance is not cured within established deadlines, monetary sanctions should be imposed to encourage compliance and deter future non-compliance.

These Standards are intended to be of general application, and are expected to be met under normal operating conditions; however, the Cable Operator shall be relieved of any obligations hereunder if it is unable to perform due to a region-wide natural emergency or in the event of force majeure affecting a significant portion of the franchise area. The Cable Operator is free to exceed these Standards to the benefit of its Customers and such shall be considered performance for the purposes of these Standards.

These Standards supercede any contradictory or inconsistent provision in federal, state or local law (Source: 47 U.S.C. § 552(a)(1) and (d)), provided, however, that any provision in federal, state or local law, or in any original franchise agreement or renewal agreement, that imposes a higher obligation or requirement than is imposed by these Standards, shall not be considered contradictory or inconsistent with these Standards. In the event of a conflict between these Standards and a Franchise Agreement, the Franchise Agreement shall control.

These Standards apply to the provision of any Cable Service, provided by a Cable Operator over a Cable System, within the City of Littleton.

II. DEFINITIONS

When used in these Customer Service Standards (the "Standards"), the following words, phrases, and terms shall have the meanings given below.

"Adoption" shall mean the process necessary to formally enact the Standards within the Franchising Authority's jurisdiction under applicable ordinances and laws.

"Affiliate" shall mean any person or entity that is owned or controlled by, or under common ownership or control with, a Cable Operator, and provides any Cable Service or Other Service.

“Applicable Law” means, with respect to these standards and any Cable Operator’s privacy policies, any statute, ordinance, judicial decision, executive order or regulation having the force and effect of law, that determines the legal standing of a case or issue.

"Cable Operator" shall mean any person or group of persons (A) who provides Cable Service over a Cable System and directly or through one or more affiliates owns a significant interest in such cable system, or (B) who otherwise controls or is responsible for, through any arrangement, the management and operation of such a Cable System. Source: 47 U.S.C. § 522(5).

“Cable Service” shall mean (A) the one-way transmission to subscribers of (i) video programming, or (ii) other programming service, and (B) subscriber interaction, if any, which is required for the selection or use of such video programming or other programming service. Source: 47 U.S.C. § 522(6). For purposes of this definition, “video programming” is programming provided by, or generally considered comparable to programming provided by a television broadcast station. Source: 47 U.S.C. § 522(20). “Other programming service” is information that a Cable Operator makes available to all subscribers generally. Source: 47 U.S.C. § 522(14).

“Cable System” shall mean a facility, consisting of a set of closed transmission paths and associated signal generation, reception, and control equipment that is designed to provide Cable Service which includes video programming and which is provided to multiple subscribers within a community, but such term does not include (A) a facility that serves only to retransmit the televisions signals of one or more television broadcast stations, or (B) a facility that serves subscribers without using any public right of way. Source: 47 U.S.C. § 522(7).

"City" shall mean the City of Littleton, Colorado.

2 "Colorado Communications and Utilities Alliance" or "CCUA" shall mean an association comprised primarily of local governmental subdivisions of the State of Colorado, or any successor entity. The CCUA may, on behalf of its members, be delegated the authority to review, investigate or otherwise take some related role in the administration and/or enforcement of any functions under these Standards.

“Contractor” shall mean a person or entity that agrees by contract to furnish materials or perform services for another at a specified consideration.

"Customer" shall mean any person who receives any Cable Service from a Cable Operator.

"Customer Service Representative" (or "CSR") shall mean any person employed with or under contract or subcontract to a Cable Operator to assist, or provide service to, customers, whether by telephone, writing service or installation orders, answering customers' questions in person, receiving and processing payments, or performing any other customer service-related tasks.

“Escalated complaint” shall mean a complaint that is referred to a Cable Operator by the Franchising Authority.

"Franchising Authority" shall mean the City of Littleton.

"Necessary" shall mean required or indispensable.

"Non-cable-related purpose" shall mean any purpose that is not necessary to render or conduct a legitimate business activity related to a Cable Service or Other Service provided by a Cable Operator to a Customer. Market research, telemarketing, and other marketing of services or products that are not related to a Cable Service or Other Service provided by a Cable Operator to a Customer shall be considered Non-cable-related purposes.

“Normal business hours” shall mean those hours during which most similar businesses in the community are open to serve customers. In all cases, “normal business hours” must include at least some evening hours one night per week, and include some weekend hours. Source: 47 C.F.R. § 76.309.

“Normal operating conditions” shall mean those service conditions which are within the control of a Cable Operator. Conditions which are not within the control of a Cable Operator include, but are not necessarily limited to, natural disasters, civil disturbances, power outages, telephone network outages, and severe or unusual weather conditions. Conditions which are ordinarily within the control of a Cable Operator include, but are not necessarily limited to, special promotions, pay-per-view events, rate increases, regular peak or seasonal demand periods and maintenance or upgrade to the Cable System.

“Other Service(s)” shall mean any wire or radio communications service provided using any of the facilities of a Cable Operator that are used in the provision of Cable Service.

"Personally Identifiable Information" shall mean specific information about an identified Customer, including, but not be limited to, a Customer's (a) login information for the use of Cable Service and management of a Customer’s Cable Service account, (b) extent of viewing of video programming or Other Services, (c) shopping choices, (d) interests and opinions, (e) energy uses, (f) medical information, (g) banking data or information, or (h) any other personal or private information. "Personally Identifiable Information" shall not mean any aggregate information about Customers which

3 does not identify particular persons, or information gathered by a Cable Operator necessary to install, repair or service equipment or Cable System facilities at a Customer’s premises.

“Service interruption” or “interruption” shall mean (i) the loss or substantial impairment of picture and/or sound on one or more cable television channels.

“Service outage” or “outage” shall mean a loss or substantial impairment in reception on all channels.

“Subcontractor” shall mean a person or entity that enters into a contract to perform part or all of the obligations of another's contract.

"Town" shall mean the Town of ______, Colorado

“Writing” or “written” as the term applies to notification shall include electronic communications.

Any terms not specifically defined in these Standards shall be given their ordinary meaning, or where otherwise defined in applicable federal law, such terms shall be interpreted consistent with those definitions.

III. CUSTOMER SERVICE

A. Courtesy

Cable Operator employees, contractors and subcontractors shall be courteous, knowledgeable and helpful and shall provide effective and satisfactory service in all contacts with customers.

B. Accessibility

1. A Cable Operator shall provide customer service centers/business offices (“Service Centers”) which are conveniently located, and which are open during Normal Business Hours. Service Centers shall be fully staffed with Customer Service Representatives offering the following services to Customers who come to the Service Center: bill payment, equipment exchange, processing of change of service requests, and response to Customer inquiries and request.

Unless otherwise requested by the City, a Cable Operator shall post a sign at each Service Center, visible from the outside of the Service Center, advising Customers of its hours of operation and of the telephone number at which to contact the Cable Operator if the Service Center is not open at the times posted.

The Cable Operator shall use commercially reasonable efforts to implement and promote “self-help” tools and technology, in order to respond to the growing demand of Customers who wish to interact with the Cable Operator on the Customer’s own terms and timeline and at their own convenience, without having to travel to a Service Center. Without limitation, examples of self-help tools or technology may include self-installation kits to Customers upon request; pre-paid mailers for the return of equipment upon Customer request; an automated phone option for Customer bill payments; and equipment exchanges at a Customer’s residence in the event of damaged equipment. A Cable Operator shall provide free exchanges of faulty equipment at the customer's address if the equipment has not been damaged in any manner due to the fault or negligence of the customer.

2. A Cable Operator shall maintain local telephone access lines that shall be available twenty-four (24) hours a day, seven (7) days a week for service/repair requests and billing/service inquiries.

3. A Cable Operator shall have dispatchers and technicians on call twenty-four (24) hours a day, seven (7) days a week, including legal holidays.

4. If a customer service telephone call is answered with a recorded message providing the customer with various menu options to address the customer’s concern, the recorded message must provide the customer the option to connect to and speak with a CSR within sixty (60) seconds of the commencement of the recording. During Normal Business Hours, a Cable Operator shall retain sufficient customer service representatives and telephone line capacity to ensure that telephone calls to technical service/repair and billing/service inquiry lines are answered by a customer service representative within thirty (30) seconds or less from the time a customer chooses a menu option to speak directly with a CSR or chooses a menu option that pursuant to the automated voice message, leads to a direct connection with a CSR. Under normal operating conditions, this thirty (30) second telephone answer time requirement standard shall be met no less than ninety (90) percent of the time measured quarterly.

5. Under normal operating conditions, a customer shall not receive a busy signal more than three percent (3%) of the time. This standard shall be met ninety (90) percent or more of the time, measured quarterly.

C. Responsiveness

1. Guaranteed Seven-Day Residential Installation

a. A Cable Operator shall complete all standard residential installations or modifications to service requested by customers within seven (7) business days after the order is placed, unless a later date for installation is requested. "Standard" residential installations are those located up to one hundred twenty five (125) feet from the existing distribution system. If the customer requests a nonstandard residential installation, or the Cable Operator determines that a nonstandard residential installation is required, the Cable Operator shall provide the customer in advance with a total installation cost estimate and an estimated date of completion.

b. All underground cable drops to the home shall be buried at a depth of no less than twelve inches (12"), or such other depth as may be required by the Franchise Agreement or local code provisions, or if there are no applicable Franchise or code requirements, at such other depths as may be agreed to by the parties if other construction concerns preclude the twelve inch requirement , and within no more than one calendar week from the initial installation, or at a time mutually agreed upon between the Cable Operator and the customer.

2. Residential Installation and Service Appointments

a. The “appointment window” alternatives for specific installations, service calls, and/or other installation activities will be either a specific time, or at a maximum, a four (4) hour time block between the hours of 8:00 a.m. and 6:00 p.m., six (6) days per week. A Cable Operator may schedule service calls and other installation activities outside of the above days and hours for the express convenience of

5 customers. For purposes of this subsection “appointment window” means the period of time in which the representative of the Cable Operator must arrive at the customer’s location.

b. A Cable Operator may not cancel an appointment with a customer after the close of business on the business day prior to the scheduled appointment, unless the customer’s issue has otherwise been resolved.

c. If a Cable Operator is running late for an appointment with a customer and will not be able to keep the appointment as scheduled, the Cable Operator shall take reasonable efforts to contact the customer promptly, but in no event later than the end of the appointment window. The appointment will be rescheduled, as necessary at a time that is convenient to the customer, within Normal Business Hours or as may be otherwise agreed to between the customer and Cable Operator.

d. A Cable Operator shall be deemed to have responded to a request for service under the provisions of this section when a technician arrives within the agreed upon time, and, if the customer is absent when the technician arrives, the technician leaves written notification of arrival and return time, and a copy of that notification is kept by the Cable Operator. In such circumstances, the Cable Operator shall contact the customer within forty-eight (48) hours.

3. Residential Service Interruptions

a. In the event of system outages resulting from Cable Operator equipment failure, the Cable Operator shall correct such failure within 2 hours after the 3rd customer call is received.

b. All other service interruptions resulting from Cable Operator equipment failure shall be corrected by the Cable Operator by the end of the next calendar day.

c. Records of Complaints.

i. A Cable Operator shall keep an accurate and comprehensive file of any complaints regarding the cable system or its operation of the cable system, in a manner consistent with the privacy rights of customers, and the Cable Operator's actions in response to those complaints. These files shall remain available for viewing by the Franchising Authority during normal business hours at the Cable Operator’s business office, and shall be retained by the Cable Operator for a period of at least three (3) years.

ii. Upon written request a Cable Operator shall provide the Franchising Authority an executive summary quarterly, which shall include information concerning customer complaints referred by the Franchising Authority to the Grantee and any other requirements of a Franchise Agreement but no personally identifiable information. These summaries shall be provided within fifteen (15) days after the end of each quarter. Once a request is made, it need not be repeated and quarterly executive summaries shall be provided by the Cable Operator until notified in writing by the Franchising Authority that such summaries are no longer required.

iii. Upon written request a summary of service requests, identifying the number and nature of the requests and their disposition, shall also be completed by the Cable Operator for each quarter and submitted to the Franchising Authority by the fifteenth (15th) day of the month after each calendar quarter. Once a request is made, it need not be repeated and quarterly

6 summary of service requests shall be provided by the Cable Operator until notified in writing by the Franchising Authority that such summaries are no longer required. Complaints shall be broken out by the nature of the complaint and the type of Cable service subject to the complaint.

d. Records of Service Interruptions and Outages. A Cable Operator shall maintain records of all outages and reported service interruptions. Such records shall indicate the type of cable service interrupted, including the reasons for the interruptions. A log of all service interruptions shall be maintained and provided to the Franchising Authority quarterly, upon written request, within fifteen (15) days after the end of each quarter. Such records shall be submitted to the Franchising Authority with the records identified in Section 3.c.ii above if so requested in writing, and shall be retained by the Cable Operator for a period of three (3) years.

e. All service outages and interruptions for any cause beyond the control of the Cable Operator shall be corrected within thirty-six (36) hours, after the conditions beyond its control have been corrected.

4. TV Reception

a. A Cable Operator shall provide clear television reception that meets or exceeds technical standards established by the United States Federal Communications Commission (the "FCC"). A Cable Operator shall render efficient service, make repairs promptly, and interrupt service only for good cause and for the shortest time possible. Scheduled interruptions shall be preceded by notice and shall occur during periods of minimum use of the system, preferably between midnight and six a.m. (6:00 a.m.).

b. If a customer experiences poor video or audio reception attributable to a Cable Operator's equipment, the Cable Operator shall:

i. Assess the problem within one (1) day of notification;

ii. Communicate with the customer regarding the nature of the problem and the expected time for repair;

iii. Complete the repair within two (2) days of assessing the problem unless circumstances exist that reasonably require additional time.

c. If an appointment is necessary to address any video or audio reception problem, the customer may choose a block of time described in Section III.C.2.a. At the customer's request, the Cable Operator shall repair the problem at a later time convenient to the customer, during Normal Business Hours or at such other time as may be agreed to by the customer and Cable Operator. A Cable Operator shall maintain periodic communications with a customer during the time period in which problem ascertainment and repair are ongoing, so that the customer is advised of the status of the Cable Operator’s efforts to address the problem.

5. Problem Resolution

A Cable Operator's customer service representatives shall have the authority to provide credit for interrupted service, to waive fees, to schedule service appointments and to change billing cycles, where appropriate. Any difficulties that cannot be resolved by the customer service representative shall be

7 referred to the appropriate supervisor who shall contact the customer within four (4) hours and resolve the problem within forty eight (48) hours or within such other time frame as is acceptable to the customer and the Cable Operator.

6. Billing, Credits, and Refunds

a. In addition to other options for payment of a customer’s service bill, a Cable Operator shall make available a telephone payment option where a customer without account irregularities can enter payment information through an automated system, without the necessity of speaking to a CSR.

b. A Cable Operator shall allow at least thirty (30) days from the beginning date of the applicable service period for payment of a customer's service bill for that period. If a customer's service bill is not paid within that period of time the Cable Operator may apply an administrative fee to the customer's account. The administrative fee must reflect the average costs incurred by the Cable Operator in attempting to collect the past due payment in accordance with applicable law. If the customer's service bill is not paid within forty-five (45) days of the beginning date of the applicable service period, the Cable Operator may perform a "soft" disconnect of the customer's service. If a customer's service bill is not paid within fifty-two (52) days of the beginning date of the applicable service period, the Cable Operator may disconnect the customer's service, provided it has provided two (2) weeks notice to the customer that such disconnection may result.

c. The Cable Operator shall issue a credit or refund to a customer within 30 days after determining the customer's entitlement to a credit or refund.

d. Whenever the Cable Operator offers any promotional or specially priced service(s) its promotional materials shall clearly identify and explain the specific terms of the promotion, including but not limited to manner in which any payment credit will be applied.

7. Treatment of Property

To the extent that a Franchise Agreement does not contain the following procedures for treatment of property, Operator shall comply with the procedures set forth in this Section.

a. A Cable Operator shall keep tree trimming to a minimum; trees and shrubs or other landscaping that are damaged by a Cable Operator, any employee or agent of a Cable Operator during installation or construction shall be restored to their prior condition or replaced within seven (7) days, unless seasonal conditions require a longer time, in which case such restoration or replacement shall be made within seven (7) days after conditions permit. Trees and shrubs on private property shall not be removed without the prior permission of the owner or legal tenant of the property on which they are located. This provision shall be in addition to, and shall not supersede, any requirement in any franchise agreement.

b. A Cable Operator shall, at its own cost and expense, and in a manner approved by the property owner and the Franchising Authority, restore any private property to as good condition as before the work causing such disturbance was initiated. A Cable Operator shall repair, replace or compensate a property owner for any damage resulting from the Cable Operator's installation, construction, service or repair activities. If compensation is requested by the customer for damage caused by any Cable Operator

8 activity, the Cable Operator shall reimburse the property owner one hundred (100) percent of the actual cost of the damage.

c. Except in the case of an emergency involving public safety or service interruption to a large number of customers, a Cable Operator shall give reasonable notice to property owners or legal tenants prior to entering upon private premises, and the notice shall specify the work to be performed; provided that in the case of construction operations such notice shall be delivered or provided at least twenty-four (24) hours prior to entry, unless such notice is waived by the customer. For purposes of this subsection, “reasonable notice” shall be considered:

i. For pedestal installation or similar major construction, seven (7) days.

ii. For routine maintenance, such as adding or dropping service, tree trimming and the like, reasonable notice given the circumstances. Unless a Franchise Agreement has a different requirement, reasonable notice shall require, at a minimum, prior notice to a property owner or tenant, before entry is made onto that person’s property.

iii. For emergency work a Cable Operator shall attempt to contact the property owner or legal tenant in person, and shall leave a door hanger notice in the event personal contact is not made. Door hangars must describe the issue and provide contact information where the property owner or tenant can receive more information about the emergency work.

Nothing herein shall be construed as authorizing access or entry to private property, or any other property, where such right to access or entry is not otherwise provided by law.

d. Cable Operator personnel shall clean all areas surrounding any work site and ensure that all cable materials have been disposed of properly.

D. Services for Customers with Disabilities

1. For any customer with a disability, a Cable Operator shall deliver and pick up equipment at customers' homes at no charge unless the malfunction was caused by the actions of the customer. In the case of malfunctioning equipment, the technician shall provide replacement equipment, hook it up and ensure that it is working properly, and shall return the defective equipment to the Cable Operator.

2. A Cable Operator shall provide either TTY, TDD, TYY, VRS service or other similar service that are in compliance with the Americans With Disabilities Act and other applicable law, with trained operators who can provide every type of assistance rendered by the Cable Operator's customer service representatives for any hearing-impaired customer at no charge.

3. A Cable Operator shall provide free use of a remote control unit to mobility-impaired (if disabled, in accordance with Section III.D.4) customers.

4. Any customer with a disability may request the special services described above by providing a Cable Operator with a letter from the customer's physician stating the need, or by making the request to the Cable Operator's installer or service technician, where the need for the special services can be visually confirmed.

9 E. Cable Services Information

1. At any time a customer or prospective customer may request, a Cable Operator shall provide the following information, in clear, concise written form, easily accessible and located on Cable Operator’s website (and in Spanish, when requested by the customer):

a. Products and services offered by the Cable Operator, including its channel lineup;

b. The Cable Operator's complete range of service options and the prices for these services;

c. The Cable Operator's billing, collection and disconnection policies;

d. Privacy rights of customers;

e. All applicable complaint procedures, including complaint forms and the telephone numbers and mailing addresses of the Cable Operator, and the FCC;

f. Use and availability of parental control/lock out device;

g. Special services for customers with disabilities;

h. Days, times of operation, and locations of the service centers;

2. At a Customer’s request, a Cable Operator shall make available either a complete copy of these Standards and any other applicable customer service standards, or a summary of these Standards, in a format to be approved by CCUA and the Franchising Authority, which shall include at a minimum, the URL address of a website containing these Standards in their entirety; provided however, that if the CCUA or Franchising Authority does not maintain a website with a complete copy of these Standards, a Cable Operator shall be under no obligation to do so;

If acceptable to a customer, Cable Operator may fulfill customer requests for any of the information listed in this Section by making the requested information available electronically, such as on a website or by electronic mail.

3. Upon written request, a Cable Operator shall meet annually with the Franchising Authority to review the format of the Cable Operator’s bills to customers. Whenever the Cable Operator makes substantial changes to its billing format, it will contact the Franchising Authority at least thirty (30) days prior to the time such changes are to be effective, in order to inform the Franchising Authority of such changes.

4. Copies of notices provided to the customer in accordance with subsection 5 below shall be filed (by fax or email acceptable) concurrently with the Franchising Authority and the CCUA.

5. A Cable Operator shall provide customers with written notification of any change in rates for nondiscretionary cable services, and for service tier changes that result in a deletion of programming from a customer’s service tier, at least thirty (30) days before the effective date of change. For purposes of this section, “nondiscretionary” means the subscribed tier and any other Cable Services that a customer has subscribed to, at the time the change in rates are announced by the Cable Operator.

10 6. All officers, agents, and employees of the Cable Operator or its contractors or subcontractors who are in personal contact with customers and/or when working on public property, shall wear on their outer clothing identification cards bearing their name and photograph and identifying them as representatives of the Cable Operator. The Cable Operator shall account for all identification cards at all times. Every vehicle of the Cable Operator shall be clearly visually identified to the public as working for the Cable Operator. Whenever a Cable Operator work crew is in personal contact with customers or public employees, a supervisor must be able to communicate clearly with the customer or public employee. Every vehicle of a subcontractor or contractor shall be labeled with the name of the contractor and further identified as contracting or subcontracting for the Cable Operator.

7. Each CSR, technician or employee of the Cable Operator in each contact with a customer shall state the estimated cost of the service, repair, or installation orally prior to delivery of the service or before any work is performed, and shall provide the customer with an oral statement of the total charges before terminating the telephone call or before leaving the location at which the work was performed. A written estimate of the charges shall be provided to the customer before the actual work is performed.

F. Customer Privacy

1. Cable Customer Privacy. In addition to complying with the requirements in this subsection, a Cable Operator shall fully comply with all obligations under 47 U.S.C. Section 551.

2. Collection and Use of Personally Identifiable Information.

a. A Cable Operator shall not use the Cable System to collect, monitor or observe Personally Identifiable Information without the prior affirmative written or electronic consent of the Customer unless, and only to the extent that such information is: (i) used to detect unauthorized reception of cable communications, or (ii) necessary to render a Cable Service or Other Service provided by the Cable Operator to the Customer and as otherwise authorized by applicable law.

b. A Cable Operator shall take such actions as are necessary using then-current industry standard practices to prevent any Affiliate from using the facilities of the Cable Operator in any manner, including, but not limited to, sending data or other signals through such facilities, to the extent such use will permit an Affiliate unauthorized access to Personally Identifiable Information on equipment of a Customer (regardless of whether such equipment is owned or leased by the Customer or provided by a Cable Operator) or on any of the facilities of the Cable Operator that are used in the provision of Cable Service. This subsection F.2.b shall not be interpreted to prohibit an Affiliate from obtaining access to Personally Identifiable Information to the extent otherwise permitted by this subsection F.

c. A Cable Operator shall take such actions as are necessary using then-current industry standard practices to prevent a person or entity (other than an Affiliate) from using the facilities of the Cable Operator in any manner, including, but not limited to, sending data or other signals through such facilities, to the extent such use will permit such person or entity unauthorized access to Personally Identifiable Information on equipment of a Customer (regardless of whether such equipment is owned or leased by the Customer or provided by a Cable Operator) or on any of the facilities of the Cable Operator that are used in the provision of Cable Service.

11 3. Disclosure of Personally Identifiable Information. A Cable Operator shall not disclose Personally Identifiable Information without the prior affirmative written or electronic consent of the Customer, unless otherwise authorized by applicable law.

a. A minimum of thirty (30) days prior to making any disclosure of Personally Identifiable Information of any Customer for any Non-Cable related purpose as provided in this subsection F.3.a, where such Customer has not previously been provided the notice and choice provided for in subsection III.F.9, the Cable Operator shall notify each Customer (that the Cable Operator intends to disclose information about) of the Customer's right to prohibit the disclosure of such information for Non-cable related purposes. The notice to Customers may reference the Customer to his or her options to state a preference for disclosure or non-disclosure of certain information, as provided in subsection III.F.10.

b. A Cable Operator may disclose Personally Identifiable Information only to the extent that it is necessary to render, or conduct a legitimate business activity related to, a Cable Service or Other Service provided by the Cable Operator to the Customer.

c. To the extent authorized by applicable law, a Cable Operator may disclose Personally Identifiable Information pursuant to a subpoena, court order, warrant or other valid legal process authorizing such disclosure.

4. Access to Information. Any Personally Identifiable Information collected and maintained by a Cable Operator shall be made available for Customer examination within thirty (30) days of receiving a request by a Customer to examine such information about himself or herself at the local offices of the Cable Operator or other convenient place within the City designated by the Cable Operator, or electronically, such as over a website. Upon a reasonable showing by the Customer that such Personally Identifiable Information is inaccurate, a Cable Operator shall correct such information.

5. Privacy Notice to Customers

a. A Cable Operator shall annually mail or provide a separate, written or electronic copy of the privacy statement to Customers consistent with 47 U.S.C. Section 551(a)(1), and shall provide a Customer a copy of such statement at the time the Cable Operator enters into an agreement with the Customer to provide Cable Service. The written notice shall be in a clear and conspicuous format, which at a minimum, shall be in a comparable font size to other general information provided to Customers about their account as it appears on either paper or electronic Customer communications.

b. In or accompanying the statement required by subsection F.5.a, a Cable Operator shall state substantially the following message regarding the disclosure of Customer information: "Unless a Customer affirmatively consents electronically or in writing to the disclosure of personally identifiable information, any disclosure of personally identifiable information for purposes other than to the extent necessary to render, or conduct a legitimate business activity related to, a Cable Service or Other Service, is limited to:

i. Disclosure pursuant to valid legal process authorized by applicable law.

ii. Disclosure of the name and address of a Customer subscribing to any general programming tiers of service and other categories of Cable Services provided by the Cable Operator that do not directly or indirectly disclose: (A) A Customer's extent of viewing of a

12 Cable Service or Other Service provided by the Cable Operator; (B) The extent of any other use by a Customer of a Cable Service; (C) The nature of any transactions made by a Customer over the Cable System; or (D) The nature of programming or websites that a Customer subscribes to or views (i.e., a Cable Operator may only disclose the fact that a person subscribes to a general tier of service, or a package of channels with the same type of programming), provided that with respect to the nature of websites subscribed to or viewed, these are limited to websites accessed by a Customer in connection with programming available from their account for Cable Services.”

The notice shall also inform the Customers of their right to prohibit the disclosure of their names and addresses in accordance with subsection F.3.a. If a Customer exercises his or her right to prohibit the disclosure of name and address as provided in subsection F.3.a or this subsection, such prohibition against disclosure shall remain in effect, unless and until the Customer subsequently changes their disclosure preferences as described in subsection F.9 below.

6. Privacy Reporting Requirements. The Cable Operator shall include in its regular periodic reports to the Franchising Authority required by its Franchise Agreement information summarizing:

a. The type of Personally Identifiable Information that was actually collected or disclosed by Cable Operator during the reporting period;

b. For each type of Personally Identifiable Information collected or disclosed, a statement from an authorized representative of the Cable Operator certifying that the Personally Identifiable Information collected or disclosed was: (A) collected or disclosed to the extent Necessary to render, or conduct a legitimate business activity related to, a Cable Service or Other Service provided by the Cable Operator; (B) used to the extent Necessary to detect unauthorized reception of cable communications: (C) disclosed pursuant to valid legal process authorized by applicable law; or (D) a disclosure of Personally Identifiable Information of particular subscribers, but only to the extent affirmatively consented to by such subscribers in writing or electronically, or as otherwise authorized by applicable law.

c. The standard industrial classification (SIC) codes or comparable identifiers pertaining to any entities to whom such Personally Identifiable Information was disclosed, except that a Cable Operator need not provide the name of any court or governmental entity to which such disclosure was made pursuant to valid legal process authorized by applicable law;

d. The general measures that have been taken to prevent the unauthorized access to Personally Identifiable Information by a person other than the Customer or the Cable Operator. A Cable Operator shall meet with Franchising Authority if requested to discuss technology used to prohibit unauthorized access to Personally Identifiable Information by any means.

7. Nothing in this subsection III.F shall be construed to prevent the Franchising Authority from obtaining Personally Identifiable Information to the extent not prohibited by Section 631 of the Communications Act, 47 U.S.C. Section 551 and applicable laws.

8. Destruction of Personally Identifiable Information. A Cable Operator shall destroy any Personally Identifiable Information if the information is no longer necessary for the purpose for which it was collected and there are no pending requests or orders for access to such information under subsection 4

13 of this subsection III.F, pursuant to a court order or other valid legal process, or pursuant to applicable law.

9. Notice and Choice for Customers. The Cable Operator shall at all times make available to Customers one or more methods for Customers to use to prohibit or limit disclosures, or permit or release disclosures, as provided for in this subsection III.F. These methods may include, for example, online website “preference center” features, automated toll-free telephone systems, live toll-free telephone interactions with customer service agents, in-person interactions with customer service personnel, regular mail methods such as a postage paid, self-addressed post card, an insert included with the Customer’s monthly bill for Cable Service, the privacy notice specified in subsection III.F.5, or such other comparable methods as may be provided by the Cable Operator. Website “preference center” features shall be easily identifiable and navigable by Customers, and shall be in a comparable size font as other billing information provided to Customers on a Cable Operator’s website. A Customer who provides the Cable Operator with permission to disclose Personally Identifiable Information through any of the methods offered by a Cable Operator shall be provided follow-up notice, no less than annually, of the Customer’s right to prohibit these disclosures and the options for the Customer to express his or her preference regarding disclosures. Such notice shall, at a minimum, be provided by an insert in the Cable Operator’s bill (or other direct mail piece) to the Customer or a notice or message printed on the Cable Operator’s bill to the Customer, and on the Cable Operator’s website when a Customer logs in to view his or her Cable Service account options. The form of such notice shall also be provided on an annual basis to the Franchising Authority. These methods of notification to Customers may also include other comparable methods as submitted by the Cable Operator and approved by the Franchising Authority in its reasonable discretion.

G. Safety

A Cable Operator shall install and locate its facilities, cable system, and equipment in compliance with all federal, state, local, and company safety standards, and in such manner as shall not unduly interfere with or endanger persons or property. Whenever a Cable Operator receives notice that an unsafe condition exists with respect to its equipment, the Cable Operator shall investigate such condition immediately, and shall take such measures as are necessary to remove or eliminate any unsafe condition.

H. Cancellation of New Services

In the event that a new customer requests installation of Cable Service and is unsatisfied with their initial Cable Service, and provided that the customer so notifies the Cable Operator of their dissatisfaction within 30 days of initial installation, then such customer can request disconnection of Cable Service within 30 days of initial installation, and the Cable Operator shall provide a credit to the customer’s account consistent with this Section. The customer will be required to return all equipment in good working order; provided such equipment is returned in such order, then the Cable Operator shall refund the monthly recurring fee for the new customer’s first 30 days of Cable Service and any charges paid for installation. This provision does not apply to existing customers who request upgrades to their Cable Service, to discretionary Cable Service such as PPV or movies purchased and viewed On Demand, or to customer moves and/or transfers of Cable Service. The service credit shall be provided in the next billing cycle.

14 IV. COMPLAINT PROCEDURE

A. Complaints to a Cable Operator

1. A Cable Operator shall establish written procedures for receiving, acting upon, and resolving customer complaints, and crediting customer accounts and shall have such procedures printed and disseminated at the Cable Operator's sole expense, consistent with Section III.E.1.e of these Standards.

2. Said written procedures shall prescribe a simple manner in which any customer may submit a complaint by telephone or in writing to a Cable Operator that it has violated any provision of these Customer Service Standards, any terms or conditions of the customer's contract with the Cable Operator, or reasonable business practices. If a representative of the Franchising Authority notifies the Cable Operator of a customer complaint that has not previously been made by the customer to the Cable Operator, the complaint shall be deemed to have been made by the customer as of the date of the Franchising Authority’s notice to the Cable Operator.

3. At the conclusion of the Cable Operator's investigation of a customer complaint, but in no more than ten (10) calendar days after receiving the complaint, the Cable Operator shall notify the customer of the results of its investigation and its proposed action or credit.

4. A Cable Operator shall also notify the customer of the customer's right to file a complaint with the Franchising Authority in the event the customer is dissatisfied with the Cable Operator's decision, and shall thoroughly explain the necessary procedures for filing such complaint with the Franchising Authority.

5. A Cable Operator shall immediately report all customer Escalated complaints that it does not find valid to the Franchising Authority.

6. A Cable Operator's complaint procedures shall be filed with the Franchising Authority prior to implementation.

B. Complaints to the Franchising Authority

1. Any customer who is dissatisfied with any proposed decision of the Cable Operator or who has not received a decision within the time period set forth below shall be entitled to have the complaint reviewed by the Franchising Authority.

2. The customer may initiate the review either by calling the Franchising Authority or by filing a written complaint together with the Cable Operator's written decision, if any, with the Franchising Authority.

3. The customer shall make such filing and notification within twenty (20) days of receipt of the Cable Operator's decision or, if no decision has been provided, within thirty (30) days after filing the original complaint with the Cable Operator.

4. If the Franchising Authority decides that further evidence is warranted, the Franchising Authority shall require the Cable Operator and the customer to submit, within ten (10) days of notice thereof, a written statement of the facts and arguments in support of their respective positions.

15 5. The Cable Operator and the customer shall produce any additional evidence, including any reports from the Cable Operator, which the Franchising Authority may deem necessary to an understanding and determination of the complaint.

6. The Franchising Authority shall issue a determination within fifteen (15) days of receiving the customer complaint, or after examining the materials submitted, setting forth its basis for the determination.

7. The Franchising Authority may extend these time limits for reasonable cause and may intercede and attempt to negotiate an informal resolution.

C. Security Fund or Letter of Credit

A Cable operator shall comply with any Franchise Agreement regarding Letters of Credit. If a Franchise Agreement is silent on Letter of Credit the following shall apply:

1. Within thirty (30) days of the written notification to a Cable Operator by the Franchising Authority that an alleged Franchise violation exists, a Cable Operator shall deposit with an escrow agent approved by the Franchising Authority fifty thousand dollars ($50,000) or, in the sole discretion of the Franchising Authority, such lesser amount as the Franchising Authority deems reasonable to protect subscribers within its jurisdiction. Alternatively, at the Cable Operator’s discretion, it may provide to the Franchising Authority an irrevocable letter of credit in the same amount. A letter of credit or cash deposit, with the approval of the Franchising Authority, may be posted jointly for more than one member of the CCUA, and may be administered, and drawn upon, jointly by the CCUA or drawn upon individually by each member; provided however that if such letter of credit or cash deposit is provided to CCUA on behalf of more than one of its members, the letter of credit or cash deposit may, in the sole discretion of CCUA and its effected members, be required in an amount not to exceed one hundred thousand dollars ($100,000).

The escrowed funds or letter of credit shall constitute the "Security Fund" for ensuring compliance with these Standards for the benefit of the Franchising Authority. The escrowed funds or letter of credit shall be maintained by a Cable Operator at the amount initially required, even if amounts are withdrawn pursuant to any provision of these Standards, until any claims related to the alleged Franchise violation(s) are paid in full.

2. The Franchising Authority may require the Cable Operator to increase the amount of the Security Fund, if it finds that new risk factors exist which necessitate such an increase.

3. The Security Fund shall serve as security for the payment of any penalties, fees, charges or credits as provided for herein and for the performance by a Cable Operator of all its obligations under these Customer Service Standards.

4. The rights reserved to the Franchising Authority with respect to the Security Fund are in addition to all other rights of the Franchising Authority, whether reserved by any applicable franchise agreement or authorized by law, and no action, proceeding or exercise of a right with respect to same shall in any way affect, or diminish, any other right the Franchising Authority may otherwise have.

16 D. Verification of Compliance

A Cable Operator shall establish its compliance with any or all of the standards required through annual reports that demonstrate said compliance, or as requested by the Franchising Authority.

E. Procedure for Remedying Violations

1. If the Franchising Authority has reason to believe that a Cable Operator has failed to comply with any of these Standards, or has failed to perform in a timely manner, the Franchising Authority may pursue the procedures in its Franchise Agreement to address violations of these Standards in a like manner as other franchise violations are considered.

2. Following the procedures set forth in any Franchise Agreement governing the manner to address alleged Franchise violations, if the Franchising Authority determines in its sole discretion that the noncompliance has been substantiated, in addition to any remedies that may be provided in the Franchise Agreement, the Franchising Authority may:

a. Impose assessments of up to one thousand dollars ($1,000.00) per day, to be withdrawn from the Security Fund in addition to any franchise fee until the non-compliance is remedied; and/or

b. Order such rebates and credits to affected customers as in its sole discretion it deems reasonable and appropriate for degraded or unsatisfactory services that constituted noncompliance with these Standards; and/or

c. Reverse any decision of the Cable Operator in the matter and/or

d. Grant a specific solution as determined by the Franchising Authority; and/or

e. Except for in emergency situations, withhold licenses and permits for work by the Cable Operator or its subcontractors in accordance with applicable law.

V. MISCELLANEOUS

A. Severability

Should any section, subsection, paragraph, term, or provision of these Standards be determined to be illegal, invalid, or unconstitutional by any court or agency of competent jurisdiction with regard thereto, such determination shall have no effect on the validity of any other section, subsection, paragraph, term, or provision of these Standards, each of the latter of which shall remain in full force and effect.

B. Non-Waiver

Failure to enforce any provision of these Standards shall not operate as a waiver of the obligations or responsibilities of a Cable Operator under said provision, or any other provision of these Standards. Revised 6/18/13.

17 Littleton Center City of Littleton 2255 West Berry Avenue Littleton, CO 80120

Staff Communication 7(j)

File #: Resolution 16-2020, Version: 1

Agenda Date: 03/03/2020

Subject: Resolution 16-2020: Entering into an Intergovernmental Agreement terminating the Regional Hazardous Materials Board of Arapahoe/Douglas Counties (“RHMBADC”)

Prepared by: Reid Betzing, City Attorney

PURPOSE: The Regional Hazardous Materials Board of Arapahoe/Douglas Counties (“RHMBADC”) is looking to terminate the 2003 IGA that all the parties entered into.

PRESENTATIONS: Staff Presenter(s): Reid Betzing, City Attorney Additional Presenter(s): N/A

SUMMARY: The Regional Hazardous Materials Board of Arapahoe/Douglas Counties (“RHMBADC”) was created by a 2003 IGA to comply with federal and state law regarding the coordination of local government responses to releases of hazardous materials and incidents. In paragraph 26 of the 2003 IGA, it notes that the IGA may be amended from time to time by subsequent written IGA duly authorized by all of the Parties to the 2003 IGA.

PRIOR ACTIONS OR DISCUSSIONS: None.

ANALYSIS: Staff Analysis The RHMBADC have concluded the regional board is no longer necessary to meet state and federal regulations and have asked all members to approve an IGA to terminate. This board includes Arapahoe County, Bennett Fire Protection District, Byers Fire Protection District, Town of Castle Rock, City of Centennial, Town of Columbine Valley, Deer Trail Fire Protection District, Douglas County, City of Englewood, Town of Foxfield, Franktown Fire Protection District, City of Glendale, City of Greenwood Village, Jackson 105 Fire Protection District, Town of Larkspur, Larkspur Fire Protection District, City of Littleton, City of Lone Tree, Town of Parker, City of Sheridan, South Metro Fire Rescue Fire Protection District, Skyline Fire Protection District, Strasburg Fire Protection District, and West Douglas County Fire Protection District.

Council Goal, Objective, and/or Guiding Principle N/A.

Fiscal Impacts In accordance with the terms of the 2003 IGA, any remaining funds shall be distributed to the counties and municipalities which contributed based on the proportionate share of assessed valuation.

Alternatives

City of Littleton Page 1 of 2 Printed on 2/27/2020 powered by Legistar™ File #: Resolution 16-2020, Version: 1

None.

STAFF RECOMMENDATION: Staff recommends approval of the resolution entering into an IGA to terminate the Regional Hazardous Materials Board of Arapahoe/Douglas Counties.

PROPOSED MOTION: I move to approve the resolution entering into an Intergovernmental Agreement terminating the Regional Hazardous Materials Board of Arapahoe/Douglas Counties (“RHMBADC”).

City of Littleton Page 2 of 2 Printed on 2/27/2020 powered by Legistar™ 1 CITY OF LITTLETON, COLORADO 2 3 Resolution No. 16 4 5 Series, 2020 6 7 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 8 LITTLETON, COLORADO, ENTERING INTO AN 9 INTERGOVERNMENTAL AGREEMENT TERMINATING THE 10 REGIONAL HAZARDOUS MATERIALS BOARD OF 11 ARAPAHOE/DOUGLAS COUNTIES (“RHMBADC”) 12 13 WHEREAS, this Intergovernmental Agreement is between Arapahoe County, 14 Bennett Fire Protection District, Byers Fire Protection District, Town of Castle Rock, City of 15 Centennial, Town of Columbine Valley, Deer Trail Fire Protection District, Douglas County, City 16 of Englewood, Town of Foxfield, Franktown Fire Protection District, City of Glendale, City of 17 Greenwood Village, Jackson 105 Fire Protection District, Town of Larkspur, Larkspur Fire 18 Protection District, City of Littleton, City of Lone Tree, Town of Parker, City of Sheridan, South 19 Metro Fire Rescue Fire Protection District, Skyline Fire Protection District, Strasburg Fire 20 Protection District, and West Douglas County Fire Protection District, referred to as RHMBADC 21 Operational Members; and 22 23 WHEREAS, the parties are counties, municipalities, and fire protection districts 24 organized and operating pursuant to Colorado law and providing emergency services in Arapahoe 25 and Douglas Counties; and 26 27 WHEREAS, all of the parties were original parties to the 2003 IGA creating 28 RHMBADC; and 29 30 WHEREAS, RHMBADC was created to comply with federal and state law 31 regarding the coordination of local government responses to releases of hazardous materials and 32 incidents; and 33 WHEREAS, the methods and capacities for managing hazardous materials 34 incidents have changed substantially since 2003; and 35 36 WHEREAS, these changes have supplanted RHMBADC as the most effective way 37 in which to coordinate these emergency service activities; and 38 39 WHEREAS, the parties have determined that RHMBADC should be terminated 40 and that they should withdraw from the 2003 IGA. 41 42 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF 43 THE CITY OF LITTLETON, COLORADO, THAT: 44 45 Section 1. Termination of 2003 IGA. The parties hereby wish to terminate the 2003 46 IGA and RHMBADC, effective upon the signatures of all parties hereto. Resolution No.16 Series 2020 Page 2 of 2

47 Section 2. The Board of Directors of RHMBADC are hereby directed to wind up 48 the affairs of RHMBADC in accordance with the terms of the 2003 IGA. Any remaining funds 49 held by RHMBADC shall be distributed to the counties and municipalities which contributed such 50 funds based on the proportionate share of assessed valuation as provided in paragraph 12 of the 51 2003 IGA. 52 INTRODUCED, READ AND ADOPTED at a regularly scheduled meeting of the

53 City Council of the City of Littleton, Colorado, on the 3rd day of March 2020, at 6:30 p.m. at the

54 Littleton Center, 2255 West Berry Avenue, Littleton, Colorado.

55 ATTEST: 56 57 ______58 Colleen L. Norton Jerry Valdes 59 INTERIM CITY CLERK MAYOR 60 61 APPROVED AS TO FORM: 62 63 ______64 Reid B. Betzing 65 CITY ATTORNEY 66 67 68 INTERGOVERNMENTAL AGREEMENT (“IGA”) TERMINATING THE REGIONAL HAZARDOUS MATERIALS BOARD OF ARAPAHOE/DOUGLAS COUNTIES (“RHMBADC”)

This IGA is made and entered into by and between Arapahoe County, Bennett Fire Protection District, Byers Fire Protection District, Town of Castle Rock, City of Centennial, Town of Columbine Valley, Deer Trail Fire Protection District, Douglas County, City of Englewood, Town of Foxfield, Franktown Fire Protection District, City of Glendale, City of Greenwood Village, Jackson 105 Fire Protection District, Town of Larkspur, Larkspur Fire Protection District, City of Littleton, City of Lone Tree, Town of Parker, City of Sheridan, South Metro Fire Rescue Fire Protection District, Skyline Fire Protection District, Strasburg Fire Protection District, and West Douglas County Fire Protection District, hereinafter referred to as “RHMBADC Operational Members” or “Parties.”

RECITALS

A. The Parties are counties, municipalities, and fire protection districts organized and operating pursuant to Colorado law and providing emergency services in Arapahoe and Douglas Counties; and

B. All of the Parties were original Parties to the 2003 IGA creating RHMBADC; and

C. Paragraph 26 of the 2003 IGA provides that it may be amended from time to time by subsequent written IGA duly authorized by all of the Parties to the 2003 IGA; and

D. RHMBADC was created by the Parties to comply with federal and state law regarding the coordination of local government responses to releases of hazardous materials and incidents; and

E. RHMBADC was designed to enable and encourage the mutual cooperation of the Parties with respect to planning and responding to hazardous materials incidents; and

F. The methods and capacities for managing hazardous materials incidents have changed substantially since 2003; and

G. These changes have supplanted RHMBADC as the most effective way in which to coordinate these emergency service activities; and

H. The Parties have determined that RHMBADC should be terminated and that they should withdraw from the 2003 IGA.

{00724096.DOCX / 2 } NOW, THEREFORE, for good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the Parties hereby agree as follows:

1. Termination of 2003 IGA. The Parties hereby terminate the 2003 IGA and RHMBADC, effective upon the signatures of all Parties hereto.

2. Wind-up of Affairs of RHMBADC. The Board of Directors of RHMBADC is hereby directed to wind up the affairs of RHMBADC in accordance with the terms of the 2003 IGA. Any remaining funds held by RHMBADC shall be distributed to the counties and municipalities which contributed such funds based on the proportionate share of assessed valuation as provided in paragraph 12 of the 2003 IGA.

IN WITNESS WHEREOF, the Parties have caused this IGA to be executed effective as of the date and year first written above.

[SIGNATURES ON FOLLOWING PAGES]

{00724096.DOCX / 2 } 2 INTERGOVERNMENTAL AGREEMENT TERMINATING THE REGIONAL HAZARDOUS MATERIALS BOARD OF ARAPAHOE/DOUGLAS COUNTIES

ARAPAHOE COUNTY

By: By: Name: Name: Title: County Commissioner Title: Sheriff

Date: ______Date: ______

{00724096.DOCX / 2 } 3 INTERGOVERNMENTAL AGREEMENT TERMINATING THE REGIONAL HAZARDOUS MATERIALS BOARD OF ARAPAHOE/DOUGLAS COUNTIES

BENNETT FIRE PROTECTION DISTRICT

By: By: Name: Name: Title: Fire Chief Title: Chairperson of the Board

Date: ______Date: ______

{00724096.DOCX / 2 } 4 INTERGOVERNMENTAL AGREEMENT TERMINATING THE REGIONAL HAZARDOUS MATERIALS BOARD OF ARAPAHOE/DOUGLAS COUNTIES

BYERS FIRE PROTECTION DISTRICT

By: By: Name: Name: Title: Fire Chief Title: Chairperson of the Board

Date: ______Date: ______

{00724096.DOCX / 2 } 5 INTERGOVERNMENTAL AGREEMENT TERMINATING THE REGIONAL HAZARDOUS MATERIALS BOARD OF ARAPAHOE/DOUGLAS COUNTIES

TOWN OF CASTLE ROCK

By: By: Name: Name: Title: Title:

Date: ______Date: ______

{00724096.DOCX / 2 } 6 INTERGOVERNMENTAL AGREEMENT TERMINATING THE REGIONAL HAZARDOUS MATERIALS BOARD OF ARAPAHOE/DOUGLAS COUNTIES

CITY OF CENTENNIAL

By: By: Name: Name: Title: Mayor Title: City Clerk

Date: ______Date: ______

{00724096.DOCX / 2 } 7 INTERGOVERNMENTAL AGREEMENT TERMINATING THE REGIONAL HAZARDOUS MATERIALS BOARD OF ARAPAHOE/DOUGLAS COUNTIES

TOWN OF COLUMBINE VALLEY

By: By: Name: Name: Title: Mayor Title: Town Clerk

Date: ______Date: ______

{00724096.DOCX / 2 } 8 INTERGOVERNMENTAL AGREEMENT TERMINATING THE REGIONAL HAZARDOUS MATERIALS BOARD OF ARAPAHOE/DOUGLAS COUNTIES

DEER TRAIL FIRE PROTECTION DISTRICT

By: By: Name: Name: Title: Fire Chief Title: Chairperson of the Board

Date: ______Date: ______

{00724096.DOCX / 2 } 9 INTERGOVERNMENTAL AGREEMENT TERMINATING THE REGIONAL HAZARDOUS MATERIALS BOARD OF ARAPAHOE/DOUGLAS COUNTIES

DOUGLAS COUNTY

By: By: Name: Name: Title: County Commissioner Title: Sheriff

Date: ______Date: ______

{00724096.DOCX / 2 } 10 INTERGOVERNMENTAL AGREEMENT TERMINATING THE REGIONAL HAZARDOUS MATERIALS BOARD OF ARAPAHOE/DOUGLAS COUNTIES

CITY OF ENGLEWOOD

By: By: Name: Name: Title: Mayor Title: City Clerk

Date: ______Date: ______

{00724096.DOCX / 2 } 11 INTERGOVERNMENTAL AGREEMENT TERMINATING THE REGIONAL HAZARDOUS MATERIALS BOARD OF ARAPAHOE/DOUGLAS COUNTIES

TOWN OF FOXFIELD

By: By: Name: Name: Title: Mayor Title: Town Clerk

Date: ______Date: ______

{00724096.DOCX / 2 } 12 INTERGOVERNMENTAL AGREEMENT TERMINATING THE REGIONAL HAZARDOUS MATERIALS BOARD OF ARAPAHOE/DOUGLAS COUNTIES

FRANKTOWN FIRE PROTECTION DISTRICT

By: By: Name: Name: Title: Fire Chief Title: Chairperson of the Board

Date: ______Date: ______

{00724096.DOCX / 2 } 13 INTERGOVERNMENTAL AGREEMENT TERMINATING THE REGIONAL HAZARDOUS MATERIALS BOARD OF ARAPAHOE/DOUGLAS COUNTIES

CITY OF GLENDALE

By: By: Name: Name: Title: Mayor Title: City Clerk

Date: ______Date: ______

{00724096.DOCX / 2 } 14 INTERGOVERNMENTAL AGREEMENT TERMINATING THE REGIONAL HAZARDOUS MATERIALS BOARD OF ARAPAHOE/DOUGLAS COUNTIES

CITY OF GREENWOOD VILLAGE

By: By: Name: Name: Title: Mayor Title: City Clerk

Date: ______Date: ______

{00724096.DOCX / 2 } 15 INTERGOVERNMENTAL AGREEMENT TERMINATING THE REGIONAL HAZARDOUS MATERIALS BOARD OF ARAPAHOE/DOUGLAS COUNTIES

JACKSON 105 FIRE PROTECTION DISTRICT

By: By: Name: Name: Title: Fire Chief Title: Chairperson of the Board

Date: ______Date: ______

{00724096.DOCX / 2 } 16 INTERGOVERNMENTAL AGREEMENT TERMINATING THE REGIONAL HAZARDOUS MATERIALS BOARD OF ARAPAHOE/DOUGLAS COUNTIES

TOWN OF LARKSPUR

By: By: Name: Name: Title: Mayor Title: Town Clerk

Date: ______Date: ______

{00724096.DOCX / 2 } 17 INTERGOVERNMENTAL AGREEMENT TERMINATING THE REGIONAL HAZARDOUS MATERIALS BOARD OF ARAPAHOE/DOUGLAS COUNTIES

LARKSPUR FIRE PROTECTION DISTRICT

By: By: Name: Name: Title: Fire Chief Title: Chairperson of the Board

Date: ______Date: ______

{00724096.DOCX / 2 } 18 INTERGOVERNMENTAL AGREEMENT TERMINATING THE REGIONAL HAZARDOUS MATERIALS BOARD OF ARAPAHOE/DOUGLAS COUNTIES

CITY OF LITTLETON

By: By: Name: Name: Title: Mayor Title: City Clerk

Date: ______Date: ______

{00724096.DOCX / 2 } 19 INTERGOVERNMENTAL AGREEMENT TERMINATING THE REGIONAL HAZARDOUS MATERIALS BOARD OF ARAPAHOE/DOUGLAS COUNTIES

CITY OF LONE TREE

By: By: Name: Name: Title: Mayor Title: City Clerk

Date: ______Date: ______

{00724096.DOCX / 2 } 20 INTERGOVERNMENTAL AGREEMENT TERMINATING THE REGIONAL HAZARDOUS MATERIALS BOARD OF ARAPAHOE/DOUGLAS COUNTIES

TOWN OF PARKER

By: By: Name: Name: Title: Mayor Title: Town Clerk

Date: ______Date: ______

{00724096.DOCX / 2 } 21 INTERGOVERNMENTAL AGREEMENT TERMINATING THE REGIONAL HAZARDOUS MATERIALS BOARD OF ARAPAHOE/DOUGLAS COUNTIES

CITY OF SHERIDAN

By: By: Name: Name: Title: Mayor Title: City Clerk

Date: ______Date: ______

{00724096.DOCX / 2 } 22 INTERGOVERNMENTAL AGREEMENT TERMINATING THE REGIONAL HAZARDOUS MATERIALS BOARD OF ARAPAHOE/DOUGLAS COUNTIES

SKYLINE FIRE PROTECTION DISTRICT

By: By: Name: Name: Title: Fire Chief Title: Chairperson of the Board

Date: ______Date: ______

{00724096.DOCX / 2 } 23 INTERGOVERNMENTAL AGREEMENT TERMINATING THE REGIONAL HAZARDOUS MATERIALS BOARD OF ARAPAHOE/DOUGLAS COUNTIES

SOUTH METRO FIRE RESCUE FIRE PROTECTION DISTRICT

By: By: Name: Name: Title: Fire Chief Title: Chairperson of the Board

Date: ______Date: ______

{00724096.DOCX / 2 } 24 INTERGOVERNMENTAL AGREEMENT TERMINATING THE REGIONAL HAZARDOUS MATERIALS BOARD OF ARAPAHOE/DOUGLAS COUNTIES

STRASBURG FIRE PROTECTION DISTRICT

By: By: Name: Name: Title: Fire Chief Title: Chairperson of the Board

Date: ______Date: ______

{00724096.DOCX / 2 } 25 INTERGOVERNMENTAL AGREEMENT TERMINATING THE REGIONAL HAZARDOUS MATERIALS BOARD OF ARAPAHOE/DOUGLAS COUNTIES

STRASBURG FIRE PROTECTION DISTRICT

By: By: Name: Name: Title: Fire Chief Title: Chairperson of the Board

Date: ______Date: ______

{00724096.DOCX / 2 } 26 INTERGOVERNMENTAL AGREEMENT TERMINATING THE REGIONAL HAZARDOUS MATERIALS BOARD OF ARAPAHOE/DOUGLAS COUNTIES

WEST DOUGLAS COUNTY FIRE PROTECTION DISTRICT

By: By: Name: Name: Title: Fire Chief Title: Chairperson of the Board

Date: ______Date: ______

{00724096.DOCX / 2 } 27 Regional Hazardous Materials Board of Arapahoe/Douglas Counties

February 18, 2020

Dear Board Member,

This is a follow up to my letter from earlier in the year where I indicated the members of the Regional Hazardous Materials Board of Arapahoe/Douglas Counties began a discussion on the future of the Board and would report to you all with a decision by November 2019. We missed the deadline based on a lack of quorum in our November session. The Board reconvened in December under a special meeting.

The Board considered two ideas. The first was the sun setting of the group and dissolution of the IGA. The second idea involved renegotiating the IGA to create an authority board that included a Full-Time Employee and governance by a board elected member jurisdictions and agencies. Each option was evaluated, along with a third developed by the operations group (trying to coordinate multiagency training and response). The study around creating an authority board came back excessively cost prohibitive for several agencies, with yearly contributions ranging from over $45,000 to $300. This option was voted down at the December meeting. The multiagency coordination group was not able to present a plan, and thus was not considered a viable option.

Based on the above presentations, the remaining option was the sun setting of the Board via a dissolution IGA. Based on that, the Board's attorney Bob Cole of Collins, Cockrel, and Cole, drafted the attached IGA for your review and adoption through your Commissions, Councils, and Boards.

You can see from the attached ledger, the Board maintains an account balance. Those funds will be returned, after legal expenses, to each contributing member proportionally by assessed value, the same way in which dues were collected.

During the course of deliberations, the member agencies concluded they have sufficient agreements, apparatus, and training in place to absorb these changes without a decrease in service levels, response capability, or public safety. The initial establishment of the Board pre-dates the terror attacks of 9/11. Since those horrendous attacks, the response, funding, and training environment around hazardous materials response changed and created a system that scaled across the metropolitan area and does many similar functions as the Board.

We are proud to have reached the conclusion that this entity met the needs of its members by providing funding, planning, training, and equipment to dozens of agencies across Arapahoe and Douglas Counties. We are further encouraged that our model was largely copied and is in place at the regional level. That is a credit to those who founded the Board and Team.

Regional Hazardous Materials Board of Arapahoe/Douglas Counties

Special thanks go to the Sheriffs of Arapahoe and Douglas Counties along with the Fire Chiefs of each agency who participated. Additionally, each of the member municipalities contributed funding and expertise. Without their efforts and vision all those years ago, we could not have accomplished all we did in the last two decades.

It is been an honor to serve as member of Board and then Chairman over the last six years. If you have any questions, please contact me directly at [email protected]

Sincerely,

Nathan Fogg, Chair Accounts Summary

As of December 2019

Assets: ASSETS $34,622.03 Checking $34,622.03 Asset $0.00

Liabilities: NET WORTH $34,622.03

$0.00

Checking

Capital Fund $21,851.94

Checking (old US Bank)(CLOSED) $0.00

Contingency Fund $3,116.00

OEA Fund (CLOSED) $0.00

Wells Fargo Checking $9,654.09

$34,622.03

Accounts Summary: printed from HM ACCOUNT on 12/7/19 Page 1 Property & Debt

Assets

Arapahoe County $0.00

Littleton Fire Acct $0.00

South Metro Acct $0.00

$0.00

Accounts Summary: printed from HM ACCOUNT on 12/7/19 Page 2 Littleton Center City of Littleton 2255 West Berry Avenue Littleton, CO 80120 7(k) Staff Communication

File #: ID# 20-081, Version: 1

Agenda Date: 03/03/2019

Subject: Motion to approve authority, board, and commission appointments

Prepared By: Colleen L. Norton, Interim City Clerk

PURPOSE: Does city council support the appointment and reappointment of authority, board, and commission applicants?

PRESENTATIONS: Staff Presenter(s): Jerry Valdes, Mayor Additional Presenter(s): N/A

SUMMARY: In accordance with Section 2-2-3 (B) (1) and (2) of the Littleton City Code, the city clerk's office published notice in the Littleton Report, Facebook, Twitter, Nextdoor, and on the city’s website announcing authority, board, and commission vacancies.

PRIOR ACTIONS OR DISCUSSIONS: City council received 42 applications and interviewed 39 applicants on February 24, 25, and 26, 2020.

PROPOSED MOTION: I move to approve the appointments identified on the attachment, with terms of office beginning April 1, 2020.

City of Littleton Page 1 of 1 Printed on 2/27/2020 powered by Legistar™ 2020 Council Appointments

Board Position Term Board of Adjustment ‐ 2 vacancies Mike Madrid Regular 2023 Dave Mitchell Alt 1 to Regular 2022 Kathryn Holland Alt 2 to Alt 1 2021 Carolyn Wolvin Alt 2 2023

Building Board of Appeals ‐ 2 vacancies Donna Flaherty Regular 2023 Matt Treinen Alt 1 2023

Election Commission ‐ 1 vacancy Noah Welshans Member 2024

Fine Arts Board ‐ 3 vacancies Lance Johnson Regular 2023 Joni Lieb Regular 2021 David Goldstein Regular 2023

Historical Preservation Board ‐ 3 vacancies Lisa Houde Alt 2 to Regular 2022 Rick Cronenberger Regular 2023 Chris Geddes Alt 1 2022 Sara Overby Alt 2 2023

Library Board ‐ 2 vacancies Catherine Riggs Regular 2023 Jason Henderson Regular 2023

Licensing Authority ‐ 3 vacancies Pete Webb Regular 2023 Michael Aman Alt 1 to Regular 2023 Jothi Ravindrin Alt 2 to Alt 1 2022 Andrea Peters Alt 2 2021

Museum Board ‐ 3 vacancies Denise Weed Regular 2023 Carrie Wheeler Regular 2022 Emilia Cassidy Regular 2023

South Metro Housing Options ‐ 1 vacancy Sandra Petry Member 2025 Planning Commission ‐ 3 vacancies Robin Swartzbacker Regular 2023 Jason Reynolds Regular 2023 Behzad Mirzayi Alt 2 2023

Transportation Mobility Board ‐ 3 vacancies Geoffrey Selzer Alt 1 to Regular 2023 Dan Radulovich Alt 2 to Regular 2023 David Pulsipher Alt 1 2023 Christopher Lillie Alt 2 2021 Littleton Center City of Littleton 2255 West Berry Avenue Littleton, CO 80120 7(l) Staff Communication

File #: ID# 20-068, Version: 1

Agenda Date: 03/03/2020

Subject: Approval of the February 18, 2020 regular meeting minutes

Prepared by: Colleen L. Norton, Interim City Clerk

RECORDING SECRETARY’S CERTIFICATION: I hereby certify that the attached minutes are an accurate representation of motions made and action taken at the February 18, 2020 regular meeting of the city council. I have also reviewed the video recording for the February 18, 2020 regular meeting of the Littleton City Council and certify that the video recording is a full, complete, and accurate record of the proceedings and there were no malfunctions in the video or audio functions of the recording.

PROPOSED MOTION: I move to approve the minutes for the February 18, 2020 regular meeting of the Littleton City Council.

City of Littleton Page 1 of 1 Printed on 2/27/2020 powered by Legistar™ Littleton Center City of Littleton 2255 West Berry Avenue Littleton, CO 80120 Meeting Minutes - Draft

City Council

Tuesday, February 18, 2020 6:30 PM Council Chamber

Regular Meeting (Study Session immediately follows)

1. Roll Call

Present: 7 - Mayor Valdes, Council Member Driscoll, Council Member Elrod, Council Member Fey, Mayor Pro-Tem Melin, Council Member Milliman and Council Member Grove *Council Member Elrod arrived at 6:32 p.m., after Roll Call

2. Pledge of Allegiance

3. Approval of Agenda

4. Comments / Reports

a) City Manager

No report

b) City Attorney

No report

c) Council Members

Council Member Driscoll - No report

Council Member Fey - District III citizen meeting at Wilmore Garden Center on Saturday, February 22 at 9:30 a.m. / Denver University is currently conducting a homelessness study for the tri-cities; expecting preliminary reports at the end of summer.

Council Member Grove - Attended a South Suburban Parks & Rec study session. Made aware that Trailmark has a deal with Foothills. South Suburban will bring some funds to assist. / Attended a study session for DRCOG; main topic of conversation was expanding the powers of the regional transportation authority. / Next Generation Advisory Committee recruitment is underway. The committee is thrilled with the support of council and has come up with some suggested topics to provide the "youth" perspective on to council. these include transportation, sustainability ideas, land use, desired home styles for young people, and historic preservation vs property rights.

Council Member Milliman - Met with new GM at Aspen Grove regarding exciting changes that Gerrity Group is planning for the site over the next 18 months including

City of Littleton Page 1 Printed on 2/23/2020 City Council Meeting Minutes - Draft February 18, 2020

a new approved pad site north of Alamo Drafthouse; hope to break ground in late summer/early fall. Aspen Grove has also recently joined the Littleton Business Chamber. / The Littleton Business Chamber raised $14,000 during the Christmas fundraiser; funds were distributed to eight different local non-profits in Littleton. / Attended South Metro Housing Options meeting last week; several vacancies at Libby Bortz. The Littleton Housing Task Force will hold its first meeting sometime in March. SMHO will be applying for vouchers through the Foster Youth Independence Initiative (a pilot program through HUD) which would provide housing vouchers for young adults transitioning from foster care.

Council Member Elrod - Attended a tour of the DISH facilities which will be their headquarters for their wireless 5G network. Adding more professional and high paying jobs at this location. / TLC Meals on Wheels has gone through a rebranding and is no known as Nourish. Attended a tour of the new facility (Arapahoe and Broadway). / Attended first meeting of the Littleton Arts and Culture Commission.

Mayor Pro Tem Melin - No report d) Mayor

Congratulations to Samma Fox for her recent award from the Colorado City and Managers Association as Assistant of the Year. / Tentative council calendar to launch online to keep citizens up-to-date on council meetings and other happenings. 5. Citizen Appearances

a) Guest Citizens

None

b) Scheduled Public Presentations

None

6. Public Comment

Frank Atwood - LIttleton Snow Squad

Pam Chadbourne - Thanks to the Snow Squad / Comments on study session regarding code revisions. 7. Consent Agenda Items a) Resolution Resolution 15-2020: Amending the by-laws of the Next Generation 15-2020 Advisory Committee

approved

City of Littleton Page 2 Printed on 2/23/2020 City Council Meeting Minutes - Draft February 18, 2020 b) ID# 20-061 Motion to approve an amendment to City Council’s Legislative Rules

approved c) ID# 20-050 Approval of the February 4, 2020 regular meeting minutes

approved

Approval of the Consent Agenda

Council Member Driscoll moved and Mayor Pro Tem Melin seconded to approve consent agenda items a, b, and c. The vote is 7-0. The motion carries unanimously.

Aye: 7 - Mayor Valdes, Council Member Driscoll, Council Member Elrod, Council Member Fey, Mayor Pro Tem Melin, Council Member Milliman and Council Member Grove 8. General Business

None

9. Ordinances on Second Reading and Public Hearing a) Ordinance Ordinance 02-2020: An ordinance on second reading amending multiple 02-2020 sections of the Littleton Municipal Code pertaining to the process for filing a municipal lien on private property

Staff presentation - Reid Betzing, City Attorney

Mayor Valdes opened the public hearing at 6:57 p.m.

Pam Chadbourne - Value in public process; should not be administrative

Mayor Valdes closed the public hearing at 6:59 p.m.

Council Member Milliman moved and Council Member Elrod seconded to approve the ordinance on second reading amending multiple sections of the Littleton Municipal Code pertaining to the process for filing a municipal lien on private property. The vote is 7-0. The motion carries unanimously.

Aye: 7 - Mayor Valdes, Council Member Driscoll, Council Member Elrod, Council Member Fey, Mayor Pro Tem Melin, Council Member Milliman and Council Member Grove b) Ordinance Ordinance 03-2020: An ordinance on second reading adding Chapter 4 to 03-2020 Title 5 of the Littleton Municipal Code entitled fire ban adoption

Staff presentation - Reid Betzing, City Attorney

Mayor Valdes opened the public hearing at 7:04 p.m.

Pam Chadbourne - In favor

Mayor Valdes closed the public hearing at 7:05 p.m.

Council Member Elrod moved and Council Member Driscoll seconded to approve

City of Littleton Page 3 Printed on 2/23/2020 City Council Meeting Minutes - Draft February 18, 2020

the ordinance on second reading adding Chapter 4 to Title 5 of the Littleton Municipal Code entitled fire ban adoption. The vote is 7-0. The motion carries unanimously.

Aye: 7 - Mayor Valdes, Council Member Driscoll, Council Member Elrod, Council Member Fey, Mayor Pro Tem Melin, Council Member Milliman and Council Member Grove 10. Adjournment

Mayor Valdes adjourned the meeting at 7:06 p.m.

City of Littleton Page 4 Printed on 2/23/2020