HomeMy WebLinkAbout1992 Ordinance No. 05210 a
BY AUTHOR!TY
ORDINANCE NO . .5J-.
SERIES OF 1992
COUNCIL BILL NO . 48
INTRODUCED BY COUNCIL
MEMBER HABENICIIT
AN l ,!DI NANCE AMJ,;N!:>ING TITLE SEVEN, CHAPI'ER 6A, SECTION 4, BY ADDING A
NEW SUBSECTION C. EN'l'ITLED HARASSMENT · STALIONG TO THE ENGLEWOOD
MUNJCIPAL CODE 1985.
WHEREAS, with the psss age of Colorado State House Bill 92 -1189, the Colorado Criminal
Code wa s ame,1ded by the addition of Harassment-Stalking and Colorado Revised Statute
18-9-111 was amendeJ; and
WHEREAS, in order to preserve the public peace, health and safety it i, necessary that the
Englewood Municipal Code 1985 be amended to include Harassment -Stalking;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO, THAT :
5w..ilmJ.. Colorado Revised Statute 18-9 -111, was amended with the passage of Colorado
State House Bill 92-ll89 and the Englewood City Council in order to preserve the public
peace, health and S'\fety wishes to amend 1\tle 7, Chapter 6A, Section 4, of the Englewood
Municipal Code 19d5, Subsections A and B will remain and a new Subsection C. Harassment •
Stalking shall be added which shall rend as follows:
7-6A-4: HARASSMENT:
C. HARASSMENT · STALKING : A PERSON COMMITS HARASSMENT qy
STALIONG IF SUCH PEilSON :
I. MAf{ES A CREDIBLE THREAT TO ANOTHER PERSON AND, IN
CONNECT ION WITH SUCH THREAT , REPEATEDLY FOLLOWS THAT
PERSON ;OR
2. MAKES A CREDIBLE THREAT TO ANOTHER PERSON AND, IN CONNECTION
WITH SUCH THREAT, REPEATEDLY MAKES ANY FORM OF
COMMUNICATION WITH THAT PERSON, WHETHER OR NOT A
CONVERSATION EN SUES .
(a) Ct,E DIBLE THREAT : MEANS A THREAT THAT WOULD CAUSE A
REASO NABLE PERS ON TO BE IN FEAR FOR THE PERSON'S LIFE OR
SAFETY,
(b) REPEATEDLY: MEA."IS ON MORE THAN ONE OCCASION .
3 . WHE N A VIOLATIO N UN Di::R SUBSECTION C OF TH IS SECTION IS
COMMITTED IN CO NN ECTION WITH A VIOLATION OF A COURT ORDER,
INC LUDI NG BUT NOT LIMITED TO, ANY RESTRAINING ORDER OR ANY
ORDER THAT SETS FORTH THE CON DITIONS OF A BON D, ANY SENTEN CE
IMPO SE D FO R SUCH V!OL>\TI O:-1 SHALL RUN CONS ECUTIVELY AND NOT
CONCUR REN TLY \\~T H AJ :\' SENTENCE IM POSE D IN CLUDI NG ANY
SENTE. 'C E IMPOSED IN A CO'.'ITE MPT PROCEEDING FOR VIOLATION OF
THE CO URT ORDER. NOTH I 'GI 'THIS PARAGRAP H THREE (3) SHALL BE
CONSTR UED TO ALTER OR Dl~IIN ISH THE INH ERENT AUTHORITY OF THE
COU RT TO EN FORCE ITS ORDERS THRl 'UGH CIVI L OR CRIMINAL
CO'.'<TDIPT PROCEEDINGS .
-1-
Introduced , rend in full, and pa ssed on first rending on the 7th day of December, 1992 .
Published os a Bill for an Ordin a nce on tne 10th day of December, 1992.
Ren d by titl e and pa ,-.ed on final rending on the 21st day of Decem be r, 1''92 .
Publi shed by title as Ordinance No . £,series of 1992, on the 24th day of December,
1992 .
ATTEST :
Qh ,b f. . 2J , ,
Clyde E. ~ayor
~
Patric ia H. Crow, City Clerk
I , Patricia H. Crow, City Clerk of the City of Englewood, Colorado, her.by cerdfy th1t the
abo ve and foregoing is o tl)!II copy of the Ordin ■nce paued on final reading and published
by title as Ordinance No . .z2;-series of 1992.
~~A-J!{L.µ--
Patricia H. Crow
-2-
•
•
COUNCIL COMMUNlCA TION
REGARDING : C.B . 48, Series of 1992. Amending Title 7-6A-4C -Harassment
/Stalking ..
FROM : Rick DeWitt, City Attorney
DATE : December 1, 1992
This particular ordinance is useful in a situation where a party slops
short of an assault but Is intending to harass an individual just for the sake
of harassment.
Our current ordinance 7-6;\-4, is orientated towards communication
nondescript by telephone or in person. The second orientation is towards
conduct that would normally be considered obscene. The provisions in C'.:J . 48,
relate to repeatedly following and also would require a credible threat A
credible threat is defined as a threat Li.at would cause a reasonable person l'.o
be in fear .
This is a pro-active type of legislation and is intended lo deal with a
situation be: re it becomes too big. I think that it is uniquely situated where
there is a despair in ei ther physical or mental conduct capability between two
persons. That is where a person is either larger or more able to Intimidate
p ople other people. This type of person can be controlled through this
legi slation before it gets too far out of hand . There is always exception to
any rule and I d o not believe that it Is a cure-al l but it Is another pro-active
tool that can be used by the police department in a number of situations.
A point that is being reviewed is an ordinance that would prohibit stalki ng
in and c,f itself, the res earch is not completed in this area .
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