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ALCOHOLIC BEVERAGES: Any fermented malt beverage (3.2 percent alcohol by weight or less), malt, vinous or spirituous liquors (more than 3.2 percent alcohol by weight).

ANTIQUE VEHICLE: Any vehicle valued principally because of its early date of manufacture, design, historical interest or as a collector's item or licensed as an antique vehicle by the State of Colorado or another state with similar licensing provisions.

BODILY INJURY: Physical pain, illness or any impairment of physical or mental condition.

CONCEAL: To place or attempt to place out of view in such manner and circumstances as to indicate an intent to prevent others from seeing or discovering the presence of the thing concealed.

CREDIT CARD: A writing or other evidence of an undertaking to pay for property or services delivered or rendered to or upon the order of a designated person to the bearer.

CREDIT DEVICE: Includes any credit number, telephone number, or other number or designation, and any letter, certificate, form, plate or other tangible thing designed for use, or commonly used, as a means of obtaining credit or of obtaining goods or services on credit.

CRIMINAL NEGLIGENCE: A person acts with criminal negligence when, through a gross deviation from the standard of care that a reasonable person would exercise, he fails to perceive a substantial and unjustifiable risk that a result will occur or that a circumstance exists.

DEADLY WEAPON: Any firearm, whether loaded or unloaded, knife, bludgeon, or other weapon, device, instrument, material or substance, whether animate or inanimate, which in a manner it is used or intended to be used is capable of producing death or serious bodily injury.

FIREARM: Any instrument used in the propulsion of shot, slug, shell or bullets or other objects or projectiles capable of inflicting pain, bodily injury or property damage, by the action of gunpowder exploded or burned within it, or by the power or action of springs, and including what are commonly known as air rifles, air pistols, and BB guns.

GAIN: The direct realization of winnings.

GAMBLING: Risking any money, credit, deposit or other thing of value for a gain contingent in whole or in part upon lot, chance, the operation of a gambling device, or the happening or outcome of an event, including a sporting event, over which the person taking a risk has no control, but does not include:

A. Bona fide contest of skill, speed, strength, or endurance in which awards are made only to entrants or the owners of entries;

B. Bona fide business transactions which are valid under the law of contracts; or

C. Other acts or transactions which are valid under the law of contracts; or

D. Any game, wager or transaction which is incidental to a bona fide social relationship, is participated in by natural persons only, and in which no person is participating, directly or indirectly, in professional gambling.

GAMBLING DEVICE: Any device, machine, antiques, paraphernalia, or equipment that is used or usable in the playing phases of any professional gambling activity, whether that activity consists of gambling between persons or gambling by a person involving the playing of a machine.

GAMBLING PREMISES: Any building, house, room, enclosure, vehicle, vessel or other place, whether open or enclosed, used or intended to be used for professional gambling. In the application of this definition, any place where a gambling device is found shall be presumed to be intended to be used for professional gambling.

GAMBLING PROCEEDS: All money or other things of value at stake or displayed in or in connection with professional gambling.

INOPERATIVE VEHICLE: Any vehicle actually or apparently not capable of highway travel under its own power due to being wrecked, dismantled or having essential parts missing, but not including antique vehicles.

INTENTIONALLY OR WITH INTENT: All offenses defined in this chapter in which the mental culpability requirement is expressed as "intentionally" or "with intent" are declared to be specific intent offenses. A person acts "intentionally" or "with intent" when his conscious objective is to cause the specific result proscribed by the ordinance defining the offense. It is immaterial to issue of specific intent whether or not the result actually occurred.

KNOWINGLY OR WILFULLY: All offenses defined in this chapter in which the mental culpability requirement is expressed as "knowingly" or "wilfully" are declared to be general intent crimes. A person acts "knowingly" or "wilfully" with respect to conduct or to a circumstance described by an ordinance defining an offense when he or she is aware that his or her conduct is of such nature or that such circumstance exists. A person acts "knowingly" or "wilfully" with respect to a result of his or her conduct, when he or she is aware that his or her conduct is practically certain to cause the result.

LEWD AND INDECENT DISPLAYS: Performing an act or acts which simulate:

A. Sexual intercourse, flagellation or any sexual acts which are prohibited by law;

B. The touching, caressing or fondling of the breast, buttocks, anus or genitals;

C. The displaying of the pubic hair, anus, vulva, or genitals; or

D. The open display of urinary or excretory functions.

LICENSEE: Any person duly licensed by state and local licensing authorities to sell malt, vinous or spirituous liquors or fermented malt beverages or to operate a place of amusement or recreation within the town or any agent, servant or employee of such licensee.

LOITER: To be dilatory, to stand idly around, to linger, delay, wander about, to remain, abide or to tarry in public places.

NUDITY: Uncovered, or less than translucently covered, postpubertal human genitals, pubic areas, the postpubertal human female breast below a point immediately above the top of the areola, or the covered human male genitals in a discernibly turgid state. For purposes of this definition, a female breast is considered uncovered if the nipple only or the nipple and the areola only are covered.

OPENLY CARRY (TO OPENLY CARRY): The carrying of a firearm in a person's hand, in a holster, or on or about a person's body or clothing, in such a manner as to be visible by a person of normal visual acuity.

POLICE OFFICER (OR PEACE OFFICER): Has the meaning provided in section 16-2.5-105, Colorado Revised Statutes.

PREMISES: Except as otherwise specifically defined in article F of this chapter, "premises" means real property, buildings and other improvements thereon.

PROFESSIONAL GAMBLING:

A. Aiding or inducing another to engage in gambling with the intent to derive a profit therefrom; or

B. Participating in gambling and having, other than by virtue of skill or luck, a lesser chance of losing or a greater chance of winning than one or more of the other participants.

PROFIT: Any other realized or unrealized benefit, direct or indirect, including benefits from proprietorship, management or unequal advantage in a series of transactions.

PUBLIC OR PRIVATE PROPERTY: Includes, but is not limited to, the right-of-way of any road or highway, any body of water or watercourse, including frozen areas or the shores or beaches thereof, any park, playground or building, any refuges, conservations or recreation areas, and any residential, farm or ranch properties or timberland.

PUBLIC PLACE: Any place commonly or usually open to the general public, or to which members of the general public may resort, or which is accessible to members of the general public. By way of example, such public places include, but are not limited to, public ways, streets, buildings, sidewalks, alleys, parking lots, playgrounds, places of business usually open to the general public and the common areas of buildings usually open to the general public. The term "public place" shall not include the yard area of any private home, residence, condominium or apartment.

RECKLESSLY: A person acts recklessly when he consciously disregards a substantial and unjustifiable risk that a result will occur or that a circumstance exists.

REFUSE: Includes any grass clippings, leaves, hay, straw, manure, shavings, excelsior, paper, ashes, containers, boxes, glass, cans, bottles, garbage, waste, snow, inoperative vehicles or parts thereof and discarded building and construction materials, including, but not limited to, plaster, broken concrete, bricks, cinder blocks, stones, wood, roofing material, wire or metal binding, sacks or loose discarded or unused material, and all other waste material of any kind or nature whatsoever.

SERIOUS BODILY INJURY: Bodily injury which, either at the time of the actual injury or at a later time, involves a substantial risk of death, a substantial risk of serious permanent disfigurement, a substantial risk of protracted loss or impairment of the function of any part or organ of the body, or breaks, fractures, or burns of the second or third degree.

SEXUAL INTERCOURSE: Contact between the genitalia, anus or female breast of one person and any part of another person for purposes of immediate sexual gratification of any person; and, contact between the genitalia, anus or female breast of one person and any part of any animal for purposes of sexual gratification of any person.

SPECIAL OFFICERS: Any person carrying on the business or occupation of security patrol service, night watch service, private police service, burglar alarm service operators or any other occupation the purpose of which is to afford additional police protection for hire or reward.

TAMPER: To change the condition of anything so that its operation or tendency to perform its intended function will be altered.

TOWN: The Town of Breckenridge, Colorado.

TOWN PARK: Any park, reservation, playground recreation facility or any other open space area owned, leased or under the control of the town government, whether located within or without the corporate boundary limits of the town, which is devoted to recreation and leisure time use by the public.

VEHICLE: A machine propelled by power other than human power designed to travel along the ground by use of wheels, treads, runners or like to transport persons or property or pull machinery and shall include, without limitation, automobile, airplane, truck, trailer, motorcycle, motor scooter, tractor, buggy and wagon. (Ord. 13, Series 1981; amd. Ord. 10, Series 1984; Ord. 44, Series 1986; Ord. 24, Series 1988; Ord. 25, Series 2001; Ord. 40, Series 2003; Ord. 7, Series 2010; Ord. 38, Series 2011; Ord. 40, Series 2013; Ord. 28, Series 2014; Ord. 4, Series 2020)