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City of Cortez Moves Away From Loitering Bans, Revises Disturbing the Peace Ordinance

Bansky
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Creative Commons

The City of Cortez is moving to repeal loitering ordinances that may be unconstitutional and to revise a measure on disturbing the peace.

On Tuesday, the council approved on first reading a measure to dissolve ordinances dealing with loitering upon public ways and nighttime juvenile loitering. City attorney Mike Green said the measures aren’t used by police and aren’t needed because people engaged in illegal activities, such as selling drugs in parks, should instead be charged with those crimes. Green said loitering ordinances in general have been found to violate civil liberties and could result in litigation. The council also approved on first reading a measure amending its disturbing-the-peace ordinance, which Green said had become unwieldy. The new version adds a section on indecent exposure and public indecency in response to “new behavior” police are seeing around town. Both proposed actions were set for public hearing September 27th.

Gail Binkly is a career journalist who has worked for the Colorado Springs Gazette and Cortez Journal, and was the editor of the Four Corners Free Press, based in Cortez.
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