Sec. 38-86.1. - Sitting or lying down in the public right-of-way.

(a)

It shall be unlawful for any person to knowingly sit or lie down in the Downtown Denver Business Improvement District upon the surface of any public right-of-way or upon any bedding, chair, stool, or any other object placed upon the surface of the public right-of-way between the hours of 7:00 a.m. and 9:00 p.m.

(b)

For purposes of this section:

(1)

"Downtown Denver Business Improvement District" shall mean that area of the city bounded by and including the following streets: starting at a point at the intersection of Grant Street and 20th Avenue, extending west along 20th Avenue to its intersection with 20th Street extending northwest along 20th Street to its intersection with Wewatta Street (or Wewatta Street extended), extending southwest along Wewatta Street (or Wewatta Street extended) to its intersection with Speer Boulevard, extending generally southeast along Speer Boulevard to its intersection with 12th Street, extending southeast along 12th street to its intersection with Colfax Avenue, extending generally east along Colfax Avenue to its intersection with the alley between Sherman and Grant streets, extending north along the alley between Sherman and Grant Streets to its intersection with 16th Avenue, extending east along 16h Avenue to its intersection with Grant Street, and extending north along Grant Street to the point of beginning.

(2)

"Designated human service outreach worker" shall mean any person designated in writing by the manager of the Denver Department of Human Services to assist law enforcement officers as provided in subsection (4), regardless of whether the person is an employee of the department of human services.

(3)

"Public right-of-way" shall mean any street, sidewalk, alley, parkway, curb, median, traffic island, the public transit way of the 16th Street Mall, or any other publicly owned property used for pedestrian and vehicular travel.

(d)

It is an affirmative defense to charges brought under this section that a person:

(1)

Sits or lies down upon the public right-of-way due to a medical emergency.

(2)

As a result of a disability, utilizes a wheel chair, walker or other similar device to move about the public right-of-way.

(3)

Is operating or patronizing a commercial establishment located in the public right-of-way pursuant to any permit or license issued by the city.

(4)

Is attending a parade, festival, performance, rally, demonstration, meeting, or similar event conducted in the public right-of-way pursuant to any permit or license issued by the city.

(5)

Sits upon a chair or bench furnished by the city, the Downtown Denver Business Improvement District, or any other public agency in the public right-of-way.

(6)

Sits upon a public sidewalk at a transit stop while waiting for public transportation; provided, however, that this exception shall not apply to any transit stop on the 16th Street Mall.

(e)

No law enforcement officer shall issue a citation, make an arrest or otherwise enforce this section against any person unless:

(1)

The officer orally requests or orders the person to refrain from the alleged violation of this section and, if the person fails to comply after receiving the oral request or order, the officer tenders a written request or order to the person warning that if the person fails to comply the person may be cited or arrested for a violation of this section; and

(2)

The officer attempts to ascertain whether the person is in need of medical or human services assistance, including but not limited to mental health treatment, drug or alcohol rehabilitation, or homeless services assistance. If the officer determines that the person may be in need of medical or human services assistance, the officer shall make reasonable efforts to contact and obtain the assistance of a designated human service outreach worker, who in turn shall assess the needs of the person and, if warranted, direct the person to an appropriate provider of medical or human services assistance in lieu of the person being cited or arrested for a violation of this section. If the officer is unable to obtain the assistance of a human services outreach worker, if the human services outreach worker determines that the person is not in need of medical or human services assistance, or if the person refuses to cooperate with the direction of the human services outreach worker, the officer may proceed to cite or arrest the person for a violation of this section so long as the warnings required by paragraph (a) have been previously given.

(Ord. No. 902-05, § 1 , 12-5-05)

Sec. 38-132. - Panhandling.

(a)

Definitions. For the purpose of this section:

(1)

Aggressive panhandling shall mean:

a.

Continuing to solicit from a person after the person has given a negative response to such soliciting;

b.

Intentionally touching or causing physical contact with another person without that person's consent in the course of soliciting;

c.

Intentionally blocking or interfering with the safe or free passage of a pedestrian or vehicle by any means, including unreasonably causing a pedestrian or vehicle operator to take evasive action to avoid physical contact;

d.

Using violent or threatening gestures toward a person solicited;

e.

Persisting in closely following or approaching the person being solicited, with the intent of asking that person for money or other things of value, after the person solicited has been solicited and informed the solicitor by words or conduct that such person does not want to be solicited or does not want to give money or any thing of value to the solicitor;

f.

Using profane or abusive language which is likely to provoke an immediate violent reaction from the person being solicited;

g.

Soliciting money from anyone who is waiting in line for tickets, for entry to a building, or for another purpose.

h.

Approaching or following a person for solicitation as part of a group of two (2) or more persons, in a manner and with conduct, words, or gestures intended or likely to cause a reasonable person to fear imminent bodily harm or damage to or loss of property or otherwise to be intimidated into giving money or other thing of value.

(2)

Soliciting or Panhandling for purposes of this section are interchangeable and mean any solicitation made in person requesting an immediate donation of money. Purchase of an item for an amount far exceeding its value, under circumstances where a reasonable person would understand that the purchase is in substance a donation, is a donation for the purpose of this chapter. Panhandling does not include passively standing or sitting with a sign or other indication that one is seeking donations, without addressing any solicitation to any specific person other than in response to an inquiry by that person.

(3)

Public place shall mean a place to which the public or a substantial group of persons has access, including but not limited to any street, sidewalk, highway, parking lot, plaza, transportation facility, school, place of amusement, park, or playground.

(4)

Financial institution shall mean any bank, industrial bank, credit union, or savings and loan as defined in Title 11 of the Colorado Revised Statutes.

(5)

Automated teller machine shall mean a device, linked to a financial institution's account record which is able to carry out transactions, including, but not limited to: account transfers, deposits, cash withdrawals, balance inquiries, and mortgage and loan payments.

(6)

Automated teller machine facility shall mean the area comprised of one (1) or more automatic teller machines, and any adjacent space which is made available to banking customers after regular banking hours.

(b)

Prohibited acts.

(1)

No person shall engage in aggressive panhandling in any public place.

(2)

No person shall panhandle on private or residential property after having been asked to leave or refrain from panhandling by the owner or other person lawfully in possession of such property.

(3)

No person shall panhandle within twenty feet of public toilets.

(4)

No person shall panhandle within twenty (20) feet of any automated teller machine. Provided, however, that when an automated teller machine is located within an automated teller machine facility, such distance shall be measured from the entrance or exit of the facility.

(5)

No person shall solicit from any operator or occupant of a motor vehicle on a public street in exchange for blocking, occupying, or reserving a public parking space, or directing the operator or occupant to a public parking space.

(6)

No person shall panhandle in any public transportation vehicle, or within twenty (20) feet of any bus, train, or light-rail station or stop, or within the bus transit lane on the 16th Street Mall, or in any public parking lot or structure.

(7)

No person shall panhandle within six (6) feet of an entrance to a building.

(8)

No person shall panhandle within twenty (20) feet of any pay telephone, provided that when a pay telephone is located within a telephone booth or other facility, such distance shall be measured from the entrance or exit of the telephone booth or facility.

(9)

No person shall solicit or panhandle after dark, which shall mean one-half hour after sunset until one-half hour before sunrise.

(10)

No person shall solicit or panhandle within twenty (20) feet of any outdoor patio where food or drink are served.

(Ord. No. 439-00, § 1 , 6-5-00; Ord. No. 904-05, § 1 , 12-5-05

Sec. 54-548. - Solicitation on or near street or highway.

(a)

The purpose of this section is to prevent dangers to persons and property, to prevent delays, and to avoid interference with the traffic flow. Roadways that have center medians often are designed to deal with specific traffic flow problems. The presence of pedestrians on center medians poses dangers to both pedestrians and traffic and

interferes with the traffic planning process. Any delay or distraction may interfere with traffic planning. Sometimes persons stand near intersections and near traffic lights to contact drivers or passengers in cars that are passing or that are stopped temporarily due to traffic lights.

(b)

It shall be unlawful for any person to solicit employment, business, contributions, or sales of any kind, or collect monies for the same, from the occupant of any vehicle traveling upon any street, road or highway when such solicitation or collection:

(1)

Causes the person performing the activity to enter onto the traveled portion of a street or highway; or

(2)

Involves the person performing the activity to be located upon any median area which separates traffic lanes for vehicular travel in opposite directions.

(c)

It shall be unlawful for any person to solicit or attempt to solicit employment, business, contributions or sales of any kind from the occupant of any vehicle on any highway included in the interstate system including any entrance to or exit from such highway.

(d)

For purposes of this section, the traveled portion of the street or highway shall mean that portion of the road normally used by moving motor vehicle traffic.

(Ord. No. 407-01, § 1, 5-14-01; Ord. No. 903-05, § 1, 12-5-05)

Sec. 38-86. - Obstruction of streets or other public passageways.

(1)

It shall be unlawful for any person to knowingly:

(a)

Obstruct a highway, street, sidewalk, railway, waterway, building entrance, elevator, aisle, stairway, or hallway to which the public or a substantial group of the public has access or any other place used for the passage of persons, vehicles, or conveyances, whether the obstruction arises from the person's acts alone or from the person's acts and the acts of others; or

(b)

Disobey a reasonable request or order to move issued by an individual the person knows, or reasonably should know, to be a peace officer, a firefighter, or a person with authority to control the use of the premises, to prevent obstruction of a highway or passageway or to maintain public safety by dispersing those gathered in dangerous proximity to a fire, riot, or other hazard.

(2)

For purposes of this section, "obstruct" means to render impassable or to render passage unreasonably inconvenient or hazardous.

(3)

It is an affirmative defense to charges brought under this section that the obstruction was authorized by a permit issued pursuant to this Code, or the Denver Building Code.

(Code 1950, §§ 802.17, 841.1-2(6); Ord. No. 434-05, § 1 , 6-20-05)

Sec. 38-115. - Trespass.

(a)

It is unlawful for any person knowingly to enter or remain upon the premises of another when consent to enter or remain is absent, denied, or withdrawn by the owner, occupant, or person having lawful control thereof.

(b)

It shall be prima facie evidence that consent is absent, denied, or withdrawn, to enter or remain upon the premises of another when:

(1)

Any person fails or refuses to remove himself from said premises when requested to leave by the owner, occupant or person having lawful control thereof; or

(2)

Such premises are fenced or otherwise enclosed in a manner designed to exclude intruders; or

(3)

Private property or public property, which is not then open to the public, is posted with signs which give notice that entrance is forbidden.

(c)

For purpose of subsection (b)(3):

(1)

A "conspicuous sign" shall mean a sign that is at least one (1) square foot in size and sufficiently lighted to be clear and visible and that is posted in a conspicuous location.

(2)

"Sufficient notice" that entrance is forbidden shall be established when the lettering on a conspicuous sign is at least one (1) inch in height and contains language that is substantially similar to the following: "Private property: Keep out …. Violators subject to arrest" or "Private property …. Violators subject to arrest between the hours of ____________ and ____________."

(d)

If any provision of subsection (a), (b) or (c) is found by a court of competent jurisdiction to be unconstitutional, the remaining provisions of the subsection are valid, unless it appears to the court that the valid provisions of the subsection are so essentially and inseparably connected with, and so dependent upon, the void provisions that it cannot be presumed city council would have enacted the valid provisions without the void one, or unless the court determines that the valid provisions, standing alone, are incomplete and are incapable of being executed in accordance with the legislative intent.

(Ord. No. 243-83, § 1 , 4-18-83; Ord. No. 218-85, § 1 , 4-15-85; Ord. No. 587-85, § 1 , 10-28-85)

Editor's note— Ord. No. 243 of 1983 added § 841.9 to the Code 1950; upon the request of the city, the editor has codified this material as § 38-115

Cross reference— Trespassing on clay, gravel, etc., pit areas, § 19-19 ; trespassing upon gardens or crops, § 38-72 ; trespassing with large animals, § 38-73 ; trespass on playing field at Mile-High Stadium, § 38-86.5

Sec. 39-3. - Curfew and closures.

It shall be unlawful for any person, other than authorized personnel, to go upon or remain in any park, mountain park or other recreational facility between the hours of 11:00 p.m. and 5:00 a.m. ("curfew") or at any time the same is declared to be closed to the public by the manager ("closure"). Closure occurs when the property is posted for "no entry," "no trespass" or similar language or is barricaded so that entry can only be achieved by crossing or bypassing the barricade. This provision shall not be applicable to persons attending events for which a permit has been issued by the manager which expressly authorizes use of the park, mountain park or other recreational facility during curfew or closure; however, it shall be unlawful for any person to fail to comply with the terms and conditions of said permit. If security is needed for an event for which a permit has been issued, the manager may waive the curfew or closure requirements for security personnel.

(Ord. No. 1041-96, § 1, 12-2-96; Ord. No. 436-05, § 1, 6-27-05; Ord. No. 55-08, § 1, 2-4-08)

Sec. 39-6. - Destruction of park property unlawful.

(a)

It shall be unlawful for any person, other than authorized personnel, to cut, mark, remove, break or climb upon or in any way injure, damage or deface the trees, shrubs, plants, turf or any of the buildings, fences, bridges, monuments, fountains, back stops, goal posts, coin meters or other structures or property within or upon any park, parkway, mountain park or other recreational facility.

(b)

It shall be unlawful for any person, other than authorized personnel, to pick or remove any vegetation in any park, parkway, mountain park or other recreational facility, or to go or enter areas of any park, parkway, mountain park or other recreational facility which are posted for no entry or no trespass.

(Ord. No. 1041-96, § 1, 12-2-96)

Sec. 39-7. - Camping and erection of tents and buildings prohibited.

(a)

It shall be unlawful for any person to camp or otherwise sleep overnight in or upon any park, parkway, mountain park or other recreational facility, except that camping shall be allowed at the Chief Hosa campground or Catherine Craig or Tallbull parks with the appropriate permits.

(b)

It shall be unlawful for any person, other than authorized personnel, to build or place any tent, building, shack, booth, stand or other structure in or upon any park, parkway, mountain park or other recreational facility, without first having obtained a permit to do so from the manager of parks and recreation.

(Ord. No. 1041-96, § 1, 12-2-96; Ord. No. 55-08, § 1, 2-4-08)