Sec. 37-50. Definitions.

     (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.

     (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, Class one (1): any parcel of real property,
personal property, or vehicle on or in which any of the following
illegal activities 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
section of the Colorado Revised Statutes (C.R.S.), as amended, or the
section of the Denver Revised Municipal Code, as amended, listed
after the illegal activity:

     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.; or

     2.    Professional gambling, 18-10-102(8), C.R.S.; maintaining a
gambling premises, 18-10-102(5), C.R.S.; or keeping of a gambling
device or record, 18-10-102(7), C.R.S.; or

     3.    Unlawful manufacture, cultivation, growth, production,
processing, sale, distribution, storage, use, or possession of any
controlled substance, Sections 18-18-102, 18-18-104, 18-18- 404,
18-18-405, 18-18-406, C.R.S.; any imitation controlled substance,
Sections 18-18-420(3) and 18-18-421, 18-18-422, C.R.S.; or any
counterfeit controlled substance, Section 18-18- 423, except for
simple possession of less than eight (8) ounces of marijuana; or

     4.    Felony or misdemeanor theft by receiving, 18-4-410,
C.R.S.; or

     5.    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.; or

     6.    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.; or

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

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

     9.    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, 18-12-106, 18-12-108, or any
offense relating to incendiary devices, section 38-126, Denver Revised
Municipal Code and C.R.S Section 18-12-109; or

     10.   Any gang-related criminal activity; or

     11.   Any drive-by crime, Section 16-13-301, C.R.S.; or

     12.   Four (4) or more offenses within any one-hundred-eighty-day
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, as
prohibited by C.R.S. Sections 12-47-128(1)(a) and 12-46-112(1)(b)(I).
However, if a person who, in fact, is not of lawful age exhibits a
fraudulent proof of age, the selling, serving, procuring, giving away or
dispensing of beverages to that person shall not constitute a public
nuisance; or

     13.   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 12, Article 47, C.R.S., as prohibited by
C.R.S. Sections 12-47-128(f), (g) and 12-46- 112(1)(f); or

     14.   The unlawful transportation or storage of any property
that is the subject of a felony theft, misdemeanor theft, or theft by
receiving under Title 18, C.R.S.

     15.   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.


     (d) Public nuisance, Class two: any parcel of real property,
personal property, or vehicle, on or in which any of the following
illegal activities occur, or used to commit, conduct, promote,
facilitate, or aid the commission of any of the following illegal
activities. For purposes of this section, the illegal activity shall
have the same definition as that contained in the pertinent section
of the Colorado Revised Statutes or the Denver Revised Municipal Code
listed after the activity:

     1.    Possession of injection devices, section 38-173, Denver
Revised Municipal Code;

     2.    Two (2) or more offenses within any one-hundred-eighty-day
period of prohibited noises, section 38-101, Denver Revised Municipal
Code.

     (e) Other definitions. The definitions provided in section 37-71
shall also apply to this article II of chapter 37.

(Ord. No. 41-97, A7 3, 1-13-97)

Jacob Werther
City Clerk's Office
City and County of Denver