Title 5 BUSINESS LICENSES AND REGULATIONS
Chapter 5.12 MERCHANT PATROL SERVICES
5.12.270 Unlawful acts.
In addition to the other acts prohibited by this chapter, it
shall be unlawful:
A. For any licensee to fail to turn over any person arrested
by such licensee pursuant to the laws of the state of Colorado, immediately to
the city department of police or other public law enforcement agency. Nothing
contained in this chapter shall be construed as authorizing any licensee to make
an arrest not authorized under the laws of the state of Colorado to be made by a
private citizen;
B. For any licensee, under the provisions of Sections 5.12.020
through 5.12.060 and Sections 5.12.110 through 5.12.140 of this chapter who
fires a firearm within the city, to fail to promptly report such incident to the
department of police;
C. For any licensee, under Section 5.12.020 through 5.12.060
of this chapter to hinder or interfere with any investigation under the
jurisdiction of the city department of police;
D. For any licensee to fail to report immediately to the city
police department all violations of city ordinances or to fail to report to the
department of police or other public law enforcement agency all violations of
state or federal laws which constitute crimes coming to his attention;
E. For any licensee, while engaged in his course of
employment, to wear a uniform or insignia similar to that worn by any peace
officer;
F. For any licensee under this chapter to represent himself to
be an officer of the city department of police;
G. For any licensee to carry any firearm not registered as
provided by Section 5.12.210 of this chapter while in the performance of duties
as a business or industrial guard or merchant patrolman, as defined in Section
5.12.010 of this chapter;
H. For failure of any licensee to surrender the licensee's
identification card/license after discharge;
I. For any person other than a peace officer or member of the
armed forces of the United States or Colorado National Guard acting in the
lawful discharge of his duties or a person who has a valid permit and license
pursuant to the Federal Code for such weapon to knowingly possess an illegal
weapon. As used in this subsection, the term "illegal weapon" means a blackjack,
bomb, firearm silencer, gas gun, machine gun, short shotgun, short rifle,
metallic knuckles, gravity knife, or switchblade knife, and as used in this
subsection, unless the context otherwise requires:
1. "Blackjack" means and includes any billy, sand club,
sandbag, or other hand-operated striking weapon consisting, at the striking end,
of an encased piece of lead or other heavy substance and, at the handle end, a
strap or springy shaft which increases the force of impact.
2. "Bomb" means any explosive or incendiary device or molotov
cocktail which is not specifically designed for lawful and legitimate use in the
hands of its possessor.
3. "Firearm silencer" means any instrument, attachment, weapon
or appliance for causing the firing of any gun, revolver, pistol, or other
firearm to be silent or intended to lessen or muffle the noise of the firing of
any such weapon.
4. "Gas gun" means a device designed for projecting gas-filled
projectiles which release the contents after having been projected from the
device and includes projectiles for use in such device.
5. "Gravity knife" means any knife that has a blade released
from the handle or sheath thereof by the force of gravity or the application of
centrifugal force, that when released is locked in place by means of a button,
spring, lever or other device.
6. "Knife" means any dagger, dirk, knife or stiletto with a
blade over three and one-half inches in length, or any other dangerous
instrument capable of inflicting cutting, stabbing or tearing wounds, but does
not include a hunting or fishing knife carried for sports use. The issue that a
knife is a hunting or fishing knife must be raised as an affirmative
defense.
7. "Machine gun" means any firearm, whatever size and usual
designation, that shoots automatically more than one shot, without manual
reloading, by a single function of the trigger.
8. "Short rifle" means a rifle having a barrel less than
sixteen inches long or overall length of less than twenty-six inches.
9. "Short shotgun" means a shotgun having a barrel or barrels
less than eighteen inches long or an overall length of less than twenty-six
inches.
10. "Switchblade knife" means any knife, the blade of which
opens automatically by hand pressure applied to the button, spring or other
device in its handle. (Ord. 1992-47 § 28; prior code §
6-2-17)