§ 38-89. Disturbance of the peace.

(a)

Generally. It shall be unlawful for any person to disturb or tend to disturb the peace of others by violent, tumultuous, offensive or obstreperous conduct or by loud or unusual noises or by unseemly, profane, obscene or offensive language calculated to provoke a breach of the peace or for any person to permit any such conduct in any house or upon any premises owned or possessed by such person or under their management or control, when within such person's power to prevent, so that others in the vicinity are or may be disturbed thereby.

(b)

Sound-amplifying equipment. No person shall use or operate or allow to be used or operated any loudspeaker, public address system, radio, tape player, disc player or other sound-amplifying equipment in or on a motor vehicle in such a manner as to be plainly audible at twenty-five (25) feet from the motor vehicle unless a permit has been issued by the manager of excise and licenses pursuant to subsection (e) herein which allows such amplification. If such a permit has been issued, the intensity and loudness of any amplified sound which is transmitted shall comply with the provisions of chapter 36.

(c)

Exception. The provisions of subsection (b) above shall not apply to sound made or controlled by the city, the federal government or to any branch, subdivision, institution or agency of the government of this state or any political subdivision within it or when such sound is made by an activity of the governmental body or sponsored by it or by others pursuant to the terms of a contract, lease or permit granted by such governmental body.

(d)

Definition. For the purposes of this section, the term plainly audible means that the information content of sound is unambiguously transferred to the auditor, such as but not limited to understanding of spoken speech, comprehension of raised or normal voices or comprehension of musical rhythms.

(e)

Permit. Any person, partnership, association or corporation desiring to use or operate any loudspeaker, public address system or other sound-amplifying equipment in or from a motor vehicle for either commercial or noncommercial purposes which is plainly audible at twenty-five (25) feet must first obtain a permit from the manager of excise and licenses. The permit may authorize the use or operation of such sound-amplifying equipment between the hours of 7:00 a.m. and 10:00 p.m. for one (1) day. The application for the permit shall be filed with the manager of excise and licenses and shall provide the following information:

(1)

The name, address and telephone number of both the owner and the user of the sound-amplifying equipment;

(2)

The license number of the motor vehicle which is to be used;

(3)

The general description of the sound-amplifying equipment which is to be used;

(4)

Whether the sound-amplifying equipment will be used for commercial or noncommercial purposes; and

(5)

The date upon which and the streets over which the equipment is proposed to be operated.

(f)

Penalty. Any person, firm, or corporation who pleads guilty or nolo contendere, or is convicted of violating subsection (b) of this section shall be punished by a fine of at least fifty dollars ($50.00) for the first offense; at least two hundred fifty dollars ($250.00) for a second offense within five (5) years; and, at least five hundred dollars ($500.00) for a third offense within five (5) years. For fourth and subsequent offenses within five (5) years the fine shall not be less than five hundred dollars ($500.00), nor more than nine hundred ninety-nine dollars ($999.00). No part of the minimum fine may be suspended or discharged, except upon proof and a finding of indigence by the court. Indigent defendants may pay fines imposed under this section by participation in the Denver County Court work program, crediting the dollar amount earned through such public service toward payment of the minimum fine owed. A term of incarceration not to exceed one (1) year in the Denver County Jail may be imposed in place of, or in addition to, any fine assessed under this subsection.

(Code 1950, § 842.2; Ord. No. 716-90, § 1, 11-19-90; Ord. No. 353-98, § 1, 5-26-98; Ord. No. 63-05, § 1, 1-31-05)

Case Law annotation— Disturbing the peace by certain actions set forth requires specific proof that someone was in fact disturbed by the actions of a person charged with a violation. Flores v. Denver, 122 Colo. 71, 220 P. 2d 373 (1950).

"Disturbing the peace of others by offensive language, calculated to provoke a breach of the peace" is the "fighting words" exception to the right to free speech. Ware v. Denver, 182 Colo. 177, 511 P. 2d 475 (1973).

State law reference

Disorderly conduct, C.R.S. 1973, 18-9-106.