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HomeMy WebLinkAbout1994-12 Repealing Section 9.56 - Concealed WEapons and Section 8.24.030 - Discharging Firearms oft he Vail Municiapl Code; Enacting Chapter 9.56 - Offenses Relating to Weapons', Criminal Attempt, and ComplicityA.~'~ ~ . 'Y~~ ~ ~ i ~ ORDINANCE NO, 12 SERIES OF 1994 AN ORDINANCi= REPEALING SECTION 9,5G -CONCEALED WEAPONS AND SECTION 8.24,030 - ®ISCHARGiNG FIREARMS OF THE TOWN OF VAIL MUNICIPAL CODE AND ENACTING CHAPTER 9,56 - OFFENSES RElATfNG TO WEAPONS, CRIMINAL ATTEMPT, AND COMPLIGITY, AND AMENDING SECTION 7.07.7 00 -VIOLATIONS AND PUNISHMENT, WHEREAS, it is incumbent upon Tawn Counci! to provide for the public peace, morals, health and welfare; and WHEREAS, there are issues concerning weapons, conduct that constitutes criminal attempt, and complicity that are not presently addressed in the Municipal Code of the Tawn of Vail; and WHEREAS, all offenses shall have the same general penalty unless otherwise specified. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO THAT: Section 1 Section 8.24.030 and 9.56.010 are hereby repealed. Section 2 Chapter 9.56 will be enacted as follows: 9.56.070 -DISCHARGE Of= FIREARMS. DEADLY WEAPONS. AND DESTRUCTIVE DEVICES PROHIBITED, It shall be unlawful far any person to discharge firearms, deadly weapons, explosive devices, guns, pistols, shotguns, rifles, airguns, gas operated guns, spring guns, or a weapon of any kind or description within the limits of the Town; provided, that nothing contained in this Section shall be construed to apply to persons firing ar discharging such weapons in defense of person ar property. 9.56.020 -EXCEPTIONS; PERMITS. The Town Council may at any time, upon receipt of proper application, grant permits to shooting galleries, gun clubs, rifle ranges, and other establishments for shooting in fixed localities and under specified rules. Such permits shall be in writing attested by the Town Clerk, conforming to such requirements and conditions as the Town Council shalt demand, and the permit thus issued shall be subject to revocation at any time by action of the Tawn Council. 1 Ordirtunae No. 12, Series of 1994 ~R ` t 9.56.030 -ILLEGAL WEAPONS. USE OR POSSESSION PROHIBITED. It is unlawful for any person to knowingly possess, conceal, or cause to be concealed on their person ar in any vehicle, or to use, any blackjack, gravity knife, multi-fiixed bladed stellate throwing knife, switchblade knife, nunchaku, or brass or metallic knuckles. 9.56.040 -UNLAWFUL CONCEALMENT OF DEADLY WEAPONS. A. It shall be unlawful for any person to wear under his clothes, or conceal about his person, any dangerous or deadly weapon. B. 1=or purposes of this Section only, "conceal" shall mean placement of the dangerous or deadly weapon in question about the person, or within his immediate reach, in such a manner as to be either completely hidden from view or partially hidden to such an extent that another person making normal contact with that person cannot ascertain the true nature of the weapon. C. It shall be an affirmative defense that the defendant was: 1. A person in his own dwelling or place of business or on property owned ar under his control at the time of the act of carrying; or 2. A person who, prior to the time of carrying a concealed weapon, has been issued a written permit pursuant to 18-12-105.1 to carry the weapon by a Colorado official lawfully authorized to issue such permit, and the written permit states that it shall be effective in all areas of the State; or 3. Carrying afolding-type knife with a blade not exceeding three and one-half inches (3'f2`) in length. 9.x6.050 -POSSESSION WITHIN LICENSED PREMISE OR ON PUBLIC PROPERTY, INCLUDING PUBLIC PARKS, OR IN PUBLIC BUILDINGS. A. it shall be unlawful for any person as a patron of an establishment where alcoholic beverages are sold for consumption on the premises, to possess or carry or display any dangerous or deadly weapon, whether concealed or not, while on the premises of such establishment. B. It shall be unlawful for any person entering upon any public property including public parks or public buildings such as, but not limited to, the Town of Vail Administrative Offices, the Public Library, the Public Works Department, any school, hospital, post office, or other public facility to possess or carry or display any dangerous or deadly weapon, whether concealed or not, while on such premises. C. It shall be an affirmative defense to a charge of possession or carrying a 2 ordinance Nv. 12, Sarie4 of 1994 .` ~ ~ . dangerous or deadly weapon under this Section that said weapon was afolding-type knife with a blade not exceeding three and one-half inches (31/2"). This defense does not apply to a charge of displaying such a weapon. D. It shall be an affirmative defense to a charge of possession or carrying a dangerous or deadly weapon under this Section that the person is in tha# person's own dwelling or place of business or on property awned ar under that person's control at the time of the act of carrying or possessing. 9.56.060 -SELLING WEAPONS TO INTOXICATED PERSONS OR PERSONS, SUFFERING FROM A MENTAL 1:31SEASE OR DEFECT. It shall be unlawful far any person to purchase, sell, loan, or furnish any dangerous or deadly weapon to any person intoxicated or under the influence of alcohol or any narcotic or dangerous drug or glue or to any person suffering from a mental disease or defect as defined in Section 16-$-101 of the Colorado Revised Statutes, as amended, who presents a danger to himself or others. 9.56.0'TO -POSSESSION OF FIREARM WHILE INTOXICATED. It shall be unlawful for any person to have in his possession a firearm while he is under the influence of intoxicating liquor or of a controlled substance, as defined in Section 12-2~- 307(7), C.R.S. Possession of a permit issued under Section 1$-12-105.1 is nat defense to a violation of this Section. 9.56.080 -EXCEPTIONS. Nothing in Sections 9.56.010, 9.56.030, 9.56.040, and 9.56.050 of this Chapter shall be construed to forbid any enforcement officer of the various law enfarcement agencies of the United States government, or the State of Colorado, or any sheriff or his deputies, or any regular, special or ex-officio peace officer, as defined in Section 18.1.901 of the Golorado Revised Statutes, as amended, from carrying, wearing, or using such weapon as shall be necessary in the proper discharge of his duties so long as such weapons have been issued or approved by their supervisor or superior officer and they are within the course and scope of their office or position. 9.56.090 -FORFEITURE. Any dangerous or deadly weapon as defined by this Chapter used or possessed in violation of Sections 9.56.010, 9.56.030, 9.56.040, 9.56.050, and 9.56.060, inclusive, of this Chapter, is hereby declared to be contraband and shall be forfeited to the Town upon a conviction resulting from such use or possession. 3 Ordinance No. 12, Series of 1994 ~~ ~ 9.56.1 q8 - DISPOSITION OF CONFISCATED WEAPONS. It shall be the duty of every peace officer, upon making an arrest and taking such a weapon, thing, or substance from the person of the offender to deliver or cause to be delivered the same to the Chief of Police to be held in his custody until the final determination of the prosecution of said offense. The Chief of Police, ar his authorized agent, shall dispose of weapons forfeited pursuant to ordinance by destruction or retention for Department use in accordance with procedures and regulations of the Police Department. 9.56.110 -CRIMINAL ATTEMPT. A. A person commits criminal attempt if, acting with the kind of culpability otherwise required for commission of an offense, he engages in conduct constituting a substantial step toward the commission of the offense. A substantial step is any conduct, whether act, omission, or possession, which is strongly corroborative of the firmness of the actor's purpose to complete the commission of the offense. Factual or legal impossibility of committing the of#ense is not a defense if the offense could have been committed had the attendant circumstances be®n as the actor believed them to be, nor is it a defense that the crime attempted was actually perpetrated by the accused. B. A person who engages in conduct intending to aid another to commit an offense commits criminal attempt if the conduct would establish his complicity under Section 9.56.120 were the offense committed by the other person, even if the other is not guilty of committing or attempting the offense. C. It is an a#firmative defense to a charge under this Section that the defendant abandoned his effort to commit the crime or otherwise prevented its commission, under circumstances manifesting the complete and voluntary renunciation of his criminal intent. 9.56,120 -COMPLICITY. A person is legally accountable as principal for the behavior of another constituting a criminal offense if, with the intent to promote nr facilitate the commission of the offense, he aids, abets, or advises the other person in planning or committing the offense. Section 3 Section 1.01.100 shall be amended as follows: 1,01.100 - VIOLATEONS AND PUNISHMENT. A.1. It is unlawful for any person to violate any provision or to fail to comply with any of the requirements of this code. Unless otherwise specifically provided any person eighteen years of age or older violating any Section of the Municipal Code 4 Otdinanco No. 12, Series of 1994 . •, { A ': i ~ steal! be punished by a fine of not more than nine hundred ninety-nine dollars, or by incarceration not to exceed one hundred eighty days or by both such fine and incarceration. 2. Any person under eighteen years of age convicted of violating any provision of this Code may be punished by a fine of not more than nine hundred ninety-nine dollars. Any person under the age of eighteen years of age convicted of violating any provision of the Model Traffic Code adopted by Section 10.04.010 herein may be punished by a fine of not more than three hundred dollars or by incarceration nat to exceed ninety days, or by both such fine and incarceration. Any such person shall be guilty of a separate offense for each and every day during any portion of which a viola#ion of any provision of this Code is committed, continued, or permitted by such person and shall be punished accordingly. B. In addition to penalties provided in this Section, any condition caused or permitted to exist in violation of any provisions of this Code shalt be deemed a public nuisance and may be by this Town similarly abated as such and each day that such condition continues shall be regarded as a new and separate offense. (Ord. 17(1988) § 1: Ord. 34(1980) § 3: Ord. 31(1981) § 1.) Section 4 if any part, sec#ion, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one ar more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 5 The Town Council hereby finds, determines, and declares that this ordinance is necessary and proper for the health, safety, and welfare of the Town of Vail and the inhabitants therea#. Section 6 The repeal or the repeal and reenactment of any provision of the Municipal Code of the Town of Vail as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceedings as commenced under or by virtue of the provision repealed ar repealed and reenacted. The repeal of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated 5 Ordinance No. 12, Series of 1594 .. ~~ ~ . i r herein. Section 7 All bylaws, orders, resolutions, and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution, or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ, APPROVED, AND ORDERED PUBLISHED ONCE IN PULL ON FIRST READING this '7th day of June, 1994, and a public hearing shall be held on this Ordinance on the 5th day of June, 1994, at 7:30 p.m. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. ATTEST: Holly L. McCutchean, Town Clerk (.~ , Margare A. Osterfoss, Mayor READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED in full this 5th day of July, 1994. ATTEST: ~L c7~ Holly L. McCutcheon, Town Clerk e:tioROS4.12 ~~~-~"~_ Marge t A. Osterfoss, Mayor U 6 Ordinance No, 12, Servos of 1994 h 4 y~ h_N V X m Q v n 0 c: t ~~Q O C O N a Q 'Q Q Q ~ 0 o ~. 0 ~~ '~ 7 O G 6 n I` ~ 0 .~ a so ~` . ~ u~v,ao ~ ~g' OV m. £~~ ~~ c~~ m ~~ '~ 7 ~ a ~ ~.~~~ Z ~ u ~~~~ ~'pp~~~~e I ~ 4 ~ 3dS.~~~ ~ ~' 4L1 ~: v y~ zU~a ~~ ~ G'. 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