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 Denver
 Code of Ordinances
 Chapter 37. NUISANCES
 Article II. PUBLIC NUISANCE OFFENSES

§ 37-50. Definitions.  

Latest version.

  • (a)

    Gang related criminal activity: means any criminal violation of federal law, state law, or City Code committed by two (2) or more persons, acting jointly, through a conspiracy, or in complicity, where those persons are members of the same association or organization which has as one (1) of its purposes the commission of crime; provided, however, this paragraph shall not apply to permitted behavior on a premises concerning the possession, consumption, display, or use of cannabis or cannabis accessories as may otherwise be permitted by the Revised Municipal Code or state law.

    (b)

    Parcel: means any lot or other unit of real property or any combination of contiguous lots or units owned by the same person or entity.

    (c)

    Public nuisance (1): Any parcel of real property, personal property, or motor vehicle on or in which any of the following illegal activity occurs, or which is used to commit, conduct, promote, facilitate, or aid the commission of or flight from any of the following activities. For purposes of this section, the illegal activity shall have the same definition as that contained in the Colorado Revised Statute (C.R.S.), as amended, or the Denver Revised Municipal Code (D.R.M.C.), as amended:

    1.

    Prostitution, 18-7-201, C.R.S.; soliciting for prostitution, 18-7-202, C.R.S.; pandering, 18-7-203, C.R.S.; keeping a place of prostitution, 18-7-204, C.R.S.; or pimping, 18-7-206, C.R.S.; Prostitution, D.R.M.C. 38-158.

    2.

    Professional gambling, 18-10-102(8) and 18-10-103, C.R.S.; maintaining a gambling premises, 18-10-102(5) and 18-10-107, C.R.S.; or keeping of a gambling device or record, 18-10-102, 18-10-105 and 18-10-106, C.R.S.;

    3.

    Unlawful manufacture, cultivation, growth, production, processing, sale, distribution, storage, use, transportation, or possession of any controlled substance, sections 18-18-102, 18-18-402, 18-18-403, 18-18-403.5, 18-18-404, 18-18-405, 18-18-406, 18-18-406.6, 18-18-406.9, 18-18-411, 18-18-412.5, 18-18-412.7, 18-18-416, C.R.S.; any imitation controlled substance, sections 18-18-406.1, 18-18-406.2, 18-18-420(3) and 18-18-421, 18-18-422, C.R.S.; or any counterfeit controlled substance, Section 18-18-423, C.R.S. except for simple possession of less than eight (8) ounces of marijuana;

    4.

    Unlawful manufacture, sale, advertisement, or distribution of drug paraphernalia, sections 18-18-426, 18-18-427, 18-18-429, 18-18-430, C.R.S.;

    5.

    Prostitution of a child, 18-7-401, C.R.S.; soliciting for child prostitution, 18-7-402, C.R.S.; pandering of a child, 18-7-403, C.R.S.; keeping a place of child prostitution, 18-7-404, C.R.S.; pimping of a child, 18-7-405, C.R.S.; or inducement of child prostitution, 18-7-405.5, C.R.S.;

    6.

    Sexual exploitation of children, 18-6-403, C.R.S.;

    7.

    Two (2) or more offenses of disturbing the peace, Denver Revised Municipal Code, section 38-89 within any one-hundred-eighty-day period;

    8.

    Unlawful discharge, possession, carrying, flourishing, concealment, storage, use, or sale of firearms, knives and/or assault weapons, dangerous weapons, or defaced firearms, Denver Revised Municipal Code sections 38-117, 38-119, 38-121, 38-122, and 38-130, and C.R.S. Sections 18-12-102, 18-12-103, 18-12-105, 18-12-105.5, 18-12-106, 18-12-108, 18-12-108.5, or any offense relating to incendiary devices, section 38-126, Denver Revised Municipal Code and C.R.S. section 18-12-109;

    9.

    Any gang-related criminal activity;

    10.

    Any drive-by crime, section 16-13-301, C.R.S.;

    11.

    Three (3) or more offenses within any one-year period of selling, serving, giving away, disposing of, exchanging, delivering, or permitting the sale, serving, giving or procuring of any malt, vinous, or spirituous liquor, or fermented malt beverage, to or for any person under lawful age or to a visibly intoxicated person, section 44-3-901, C.R.S., as amended. Each incident, to be counted as an offense within the meaning of this section, must occur on separate dates and rely on discrete facts; or

    12.

    The sale at retail of any malt, vinous, or spirituous liquors, or fermented malt beverages in sealed containers, or the manufacture, sale, or possession for sale of any malt, vinous, or spirituous liquors, without holding a valid license in full force and effect to do so under title 44, article 3, C.R.S., as prohibited by section 44-3-901, C.R.S.;

    13.

    The unlawful transportation or storage of any property that is the subject of felony or misdemeanor theft under section 18-4-401, C.R.S.;

    14.

    The storage or concealment of weapons or tools used in the commission of crimes of violence, C.R.S. section 16-11-309, drive-by offenses, C.R.S. section 16-13-301, or any offense in paragraph 9. above;

    15.

    Vehicular eluding, C.R.S. section 18-9-116.5, or eluding or attempting to elude a police officer, C.R.S. section 42-4-1413 and D.R.M.C. section 54-56;

    16.

    Speed contests or speed exhibitions, C.R.S. section 42-4-1105;

    17.

    Habitual traffic offenders, C.R.S. sections 42-2-202, 42-2-206;

    18.

    Sexual assaults or attempted sexual assaults, C.R.S. sections 18-2-101, 18-3-402, 18-3-404, 18-3-405, 18-3-405.3, 18-3-405.5; or

    19.

    Indecent exposure, C.R.S. section 18-7-302 and D.R.M.C. section 38-157.1;

    20.

    Keeping, maintaining, controlling, renting, or making available property for unlawful distribution or manufacture of controlled substances, C.R.S. § 18-18-411; or the unlawful possession of materials to make amphetamine and methamphetamine, C.R.S. § 18-18-412.5; or, the unlawful sale or distribution of materials to manufacture controlled substances, C.R.S. § 18-18-412.7; or possession of one (1) or more chemicals or supplies or equipment with intent to manufacture a controlled substance, C.R.S. § 18-18-405; the unlawful cultivation, manufacturing, sale, offer for sale, or distribution of medical marijuana without a license, article XII, chapter 24, D.R.M.C.; or the unlawful cultivation, manufacturing, sale, offer for sale, or distribution of retail marijuana without a license, article V, chapter 6, D.R.M.C.; or

    21.

    Keeping, maintaining, controlling, renting or making available property for the unlawful operation of a medical marijuana dispensary without a license, article XI, chapter 24, D.R.M.C.; or keeping, maintaining, controlling, renting or making available property for the unlawful operation of a retail marijuana store without a license, article V, chapter 6, D.R.M.C.; or

    22.

    Criminal mischief where the aggregate damage exceeds one thousand dollars ($1,000.00), C.R.S. section 18-4-501; or

    23.

    Impersonation of a police officer, C.R.S. section 18-8-112, D.R.M.C. article II, chapter 38, section 38-33; or

    24.

    Illegal dumping, D.R.M.C. chapter 48, section 48-44; unlawful disposal of trash in certain containers, D.R.M.C. chapter 48, section 48-44.5.

    (Ord. No. 481-98, § 1, 7-13-98; Ord. No. 19-01, § 1, 1-2-01; Ord. No. 671-04, § 1, 9-20-04; Ord. No. 510, § 1, 9-17-07; Ord. No. 708-10, § 1, 12-20-10; Ord. No. 105-11, § 3, 2-22-11; Ord. No. 448-13, § 6, 9-16-13; Ord. No. 115-13, § 1, 3-4-13; Ord. No. 117-13, § 1, 3-4-13; Ord. No. 300-16, § 6, 11-8-16; Ord. No. 307-19, § 1, 4-22-19)

    Note— Section 2 of Ord. No. 708-10, provides that "Paragraph 21.1 of subsection (c) of section 39-50 [37-50], D.R.M.C., as adopted herein shall be repealed effective July 1, 2011; provided, however, that the repeal of this paragraph shall not affect any civil nuisance abatement action filed pursuant to this paragraph prior to July 1, 2011."