6-3A-5: BIAS MOTIVATED MUNICIPAL OFFENSES:
A. The town council hereby finds and declares that it is the right of every person, regardless of race, color, ancestry, religion, national origin, physical or mental disability, or sexual orientation to be secure and protected from fear, intimidation, harassment, and physical harm caused by the activities of individuals and groups. The town council further finds that the advocacy of unlawful acts against persons or groups because of a person's or group's race, color, ancestry, religion, national origin, physical or mental disability, or sexual orientation for the purposes described in this section poses a threat to public order and safety and should be subject to appropriate sanctions as provided in this section.
B. A person commits a bias motivated municipal offense if, with the intent to intimidate or harass another person because of that person's actual or perceived race, color, religion, ancestry, national origin, physical or mental disability, or sexual orientation, he or she:
1. By words or conduct, knowingly places another person in fear of imminent lawless action directed at that person or that person's property and such words or conduct are likely to produce bodily injury to that person or damage to that person's property; or
2. Knowingly causes damage to or destruction of the property of another person.
C. The criminal penalty provided in this section for the commission of a bias motivated municipal offense is not intended to and shall not be construed as precluding the victim of such action from seeking any other remedies otherwise available under law.
D. For purposes of this section:
PHYSICAL OR MENTAL DISABILITY: A disability as used in the definition of the term "person with a disability" in section 18-6.5-102(3), Colorado Revised Statutes.
SEXUAL ORIENTATION: A person's actual or perceived orientation toward heterosexuality, homosexuality, bisexuality, or transgender status.
E. No charge brought under this section shall be dismissed, and a defendant charged with a violation of this section shall not be permitted to plead guilty or nolo contendere to an offense that is not a violation of this section, unless the prosecuting attorney makes a good faith representation to the municipal judge on the record that such attorney would not be able to establish a prima facie case that the defendant violated this section if the defendant was brought to trial on the original charge of having violated this section.
F. It shall be a misdemeanor offense for any person to violate this section. Any person convicted of having violated this section shall be punished as set forth in title 1, chapter 4 of this code; provided, however, that for a second and each subsequent conviction for violating this section occurring at any time after the date of the previous violation the municipal judge shall impose upon such person a fine of nine hundred ninety nine dollars ($999.00) and a minimum sentence of five (5) days' imprisonment in the Summit County Jail. (Ord. 6, Series 2010)