• Public Notice ORDINANCE NO. ...

Public Notice ORDINANCE NO. 2071

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GOLDEN, COLORADO, AMENDING SECTION 8.04.900 OF ARTICLE IX OF CHAPTER 8.04 OF THE GOLDEN MUNICIPAL CODE REGARDING THE DEFINITION OF ILLEGAL WEAPONS WHEREAS, a principle purpose of amendments to the Criminal Code, Chapter 8.04 of the Golden Municipal Code is to mirror the applicable state offenses as it improves the efficiency and effectiveness of officers who must have knowledge of both sets of offenses and also provides additional case law for the prosecution of such offenses at the municipal level; and

WHEREAS, the City desires to adopt the state’s amendments of Colorado Revised Statue Sections 18-12-101 and 102 (SB 17-008), which deleted gravity knifes and switchblades from the definition of “illegal weapon.”


Section 1. Definitions, Section 8.04.900, of Article IX, of Chapter 8.04 of the Golden Municipal Code is amended regarding the following definitions, which will read as follows:

Illegal weapon means a blackjack, gas gun, metallic knuckles, or knife.

Knife means any dagger, knife, bayonet, straight razor, dirk, machete, stiletto, sword or sword cane with a blade over three and one-half inches in length, or any other dangerous instrument designed to inflict cutting, stabbing or tearing wounds; but, as used in this article, does not include a knife or hatchet of the type customarily used in hunting, fishing or camping, when such is being carried for sporting use; and does not include any instruments being used in pursuance of a lawful home use, trade, occupation or profession or otherwise being lawful under federal or state statutes, or being used as an item of display or collector's item in any home or place of business.

Section 2. If any article, section, paragraph, sentence, clause or phrase of this ordinance is held to be unconstitutional or invalid for any reason, such decision shall not affect the validity or constitutionality of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance and each part or parts hereof irrespective of the fact that any one part or parts be declared unconstitutional or invalid.

Section 3. All other ordinances or portions thereof inconsistent or conflicting with this ordinance or any portion hereof is hereby repealed to the extent of such inconsistency or conflict.

Section 4. The repeal or modification of any provision of the Municipal Code of the City of Golden by this ordinance shall not release, extinguish, alter, modify or change in whole or in part any penalty, forfeiture or liability, either civil or criminal, which shall have been incurred under such provision. Each provision shall be treated and held as still remaining in force for the purpose of sustaining any and all proper actions, suits, proceedings and prosecutions for enforcement of the penalty, forfeiture or liability, as well as for the purpose of sustaining any judgment, decree or order which can or may be rendered, entered or made in such actions, suits, proceedings or prosecutions.

Section 5.This ordinance is deemed necessary for the protection of health, welfare and safety of the community.

Section 6. Violations of this ordinance shall be punishable as set forth in Section 1.01.110 of the Golden Municipal Code.

Introduced, read, passed and ordered published this 8th day of March, 2018

Passed and adopted upon second reading and ordered published this ____ day of __________, 2018.

Marjorie N. Sloan Mayor
Susan M. Brooks, MMC
City Clerk
APPROVED AS TO FORM: David S. Williamson
City Attorney

I, Susan M. Brooks, City Clerk of the City of Golden, Colorado, do hereby certify that the foregoing is a true copy of a certain proposed ordinance introduced and read before the City Council of the City of Golden at a regular meeting thereof held on the 8th day of March, 2018, and ordered by said City Council to be published as the law provides, and that a public hearing is declared for the 22nd day of March, 2018, at 6:30 p.m. in the Council Chambers of City Hall, 911 10th Street, Golden, Colorado.

Susan M. Brooks, City Clerk of the City of Golden, Colorado Legal Notice No.: 401520 First Publication: March 15, 2018 Last Publication: March 15, 2018 Publisher: The Golden Transcript
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PostedMarch 14, 2018

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