Sec. 10-1-1    Applicability of provisions--terms referring to prohibited conduct
Sec. 10-1-2    Definitions
Sec. 10-1-3    Responsibility for offenses; defense conditions
Sec. 10-1-4    Arrest by peace officer authorized when
Sec. 10-1-5    Enforcement; rules of procedure

(a)    Any person who does an act prohibited by the provisions of this Chapter X, or who fails to do an act required to be done by the provisions of this Chapter, shall be guilty of a misdemeanor, and shall be subject to punishment within the limits prescribed by Section 10-9-1 of this Chapter.
(b)    The terms offense, violation, unlawful and misdemeanor, as used in this Chapter, are synonymous, and all refer to conduct prohibited or the failure to do acts required by this Chapter.
(c)    The provisions of this Chapter shall apply to any such prohibited or required conduct occurring, or required to occur, within the territorial limits of the Town, and upon real property owned by or under the exclusive control of the Town.  (Ord. 380 1984)

Act means a bodily movement and includes words and possession of property.

Conduct means an act or omission and its accompanying state of mind or, where relevant, a series of acts or omissions.

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 or she fails to perceive a substantial and unjustifiable risk that a result will occur or that a circumstance exists.

Culpable mental state means intentionally, knowingly, recklessly or with criminal negligence, as these terms are defined in this Chapter.

Intentionally.  A person acts intentionally, with respect to a result or to conduct described by an ordinance defining an offense, when his or her conscious objective is to cause such result or to engage in such conduct.

Knowingly.  A person acts knowingly 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.

Omission means a failure to perform an act as to which a duty of performance is imposed by law.

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

Town means the Town of Eaton, Colorado.

Voluntary act means an act performed consciously as a result of effort or determination, and includes the possession of property if the actor was aware of his or her physical possession or control thereof for a sufficient period to have been able to terminate it.  (Ord. 380 1984)

(a)    Impaired mental condition.  Evidence of an impaired mental condition, though not legal insanity, may be offered in a proper case as bearing upon the capacity of the accused to form the specific intent, if such an intent is an element of the offense charged.
(b)    Intoxication.

(1)    Intoxication of the accused is not a defense to a criminal charge, except as provided in Paragraph (3) below, but in any prosecution for an offense, evidence of intoxication of the defendant may be offered by the defendant when it is relevant to negate the existence of a specific intent, if such intent is an element of the crime charged.
(2)    Intoxication does not, in itself, constitute mental disease or defect, within the meaning of impaired mental condition in Subsection (a) above.
(3)    A person is not criminally responsible for his or her conduct if, by reason of intoxication that is not self-induced at the time he or she acts, he or she lacks capacity to conform his or her conduct to the requirements of the law.
(4)    Intoxication, as used in this Section, means a disturbance of mental or physical capacities resulting from the introduction of any substance into the body.
(5)    Self-induced intoxication means intoxication caused by substances which the defendant knows or ought to know have the tendency to cause intoxication, and which he or she knowingly introduced or allowed to be introduced into his or her body, unless they were introduced pursuant to medical advice or under circumstances that would afford a defense to a charge or crime.

(c)    Responsibility; affirmative defense.  The issue of responsibility under this Section is an affirmative defense.  (Ord. 380 1984)

(1)    He or she has a warrant commanding that such person be arrested;
(2)    Any crime has been or is being committed by such person in his or her presence; or
(3)    He or she has probable cause to believe that an offense was committed and has probable cause to believe that the offense was committed by the person to be arrested.  (Ord. 380 1984)