Emergency Nighttime Curfew for Colorado Springs

A curfew for the City of Colorado Springs has been extended and is now in effect Wednesday night, June 3, through Sunday night, June 7, from 10 p.m. each night to 5 a.m. the following mornings. The curfew will end on Monday, June 8, at 5 a.m. Travel for essential activities needed for health and safety is permitted. Employees who need to travel to and from work are exempt.

Full Proclamation and Declaration of Emergency

PURSUANT TO CITY CHARTER§ 4-10 AND CITY CODE§§ 8.7.103 AND 8.7.104
AND MAYORAL REGULATION PERTAINING TO AN EMERGENCY
CURFEW ON JUNE 3 THROUGH JUNE 8, 2020

Section 1. In accordance with City Charter § 4-10 and Section 8.7.103 of the Code of the City of Colorado Springs 2001, as amended (“City Code”), a public danger caused by continuing unrest within the City of Colorado Springs following the tragic death of George Floyd in Minneapolis, Minnesota is hereby proclaimed, declared to be in effect, and continues to exist as of June 3, 2020.

Section 2. On the evenings and into the mornings of May 30 and 31, and June 1, 2 and 3, 2020, following lawful protests each day related to the death of Mr. Floyd in Minnesota, civil and criminal disturbances occurred in the late hours into the early morning of each day in downtown Colorado Springs. These disturbances and criminal acts included but were not limited to the following: physical damage to public buildings, private vehicles, and other private property; the launch of projectiles, flares and large fireworks at vehicles and law enforcement personnel; the theft of construction materials; damage to other public property including electrical circuit breaker boxes and other utilities infrastructure resulting in the disablement of street lights; and large scale graffiti on a variety of surfaces, buildings, bus benches, sidewalks and statues. These disturbances caused numerous people to be arrested and threatened further damage to public and private property and to human life within the area.

Section 3. The Mayor hereby finds, determines, and declares that there is an actual risk and immediate threat to the public health, safety and welfare within the City due to the ongoing unrest and that there is a threat to the public health and safety of the City’s residents. Law enforcement personnel, residents, and visitors have been and remain at risk of significant injury and death, as well as significant destruction to public and private property and the potential for further civil and criminal unrest or disorder is to such an extent that extraordinary measures must be taken to preserve order necessary to protect the public health, safety, and welfare. This Proclamation and Declaration is necessary for the immediate preservation of the public health, safety, welfare and peace, and is intended to contain the emergency situation, based solely on the criminal acts that have occurred. City Code§ 8.7.103(A).

Section 4. During the existence of an emergency, the Mayor may promulgate regulations which the Mayor deems necessary to protect life and property. The “Mayoral Regulation” as set forth below is issued pursuant to this Proclamation and Declaration and is necessary for the protection of life and property and the preservation of the public peace. City Code§ 8.7.104.

Section 5. A nighttime curfew is imposed in all public places within the City of Colorado Springs, including streets, public rights-of-way and any public place, during the following times: from 10 o’clock p.m. (10:00) through 5 o’clock a.m. (05:00) each day beginning on the night of Wednesday, June 3, 2020, and ending on the morning of Monday, June 8, 2020. City Code § 8.7.104.

Section 6. During the hours of the curfew, all persons are prohibited from using, standing, sitting, traveling or being present on any public street or in any public place, including for the purpose of travel, with the following exceptions:

  1. All law enforcement, fire department officials, paramedics or other medical personnel, Colorado National Guard as well as any other emergency response personnel authorized by the City of Colorado Springs, and credentialed members of the news media.
  2. Individuals traveling directly to and from work, traveling directly to and from the Colorado Springs Municipal Airport or any federal installations within and outside the City, seeking exempt care, fleeing dangerous circumstances, or experiencing homelessness.
  3. Any person to whom permission by authorized City of Colorado Springs officials is specifically granted.

Section 7. For purposes of this Mayoral Regulation “travel” includes, without limitation, travel on foot, bicycle, skateboard, scooter, motorcycle, automobile, or public transit, or any other mode of transporting a person from one location to another.

Section 8. For purposes of this Mayoral Regulation, “public place” means any place, whether on privately or publicly owned property, accessible to the general public, including but not limited to public streets and roads, alleys, highways, driveways, sidewalks, parks, trails, vacant lots, rights-of-way, and unsupervised property. For purposes of this Mayoral Regulation “public place” does not include the Colorado Springs Municipal Airport or any federal installations within the City of Colorado Springs.

Section 9. For purposes of this Mayoral Regulation, “exempt care” means necessary medical services for an individual’s self or family member. For purposes of this Mayoral Regulation, “homelessness” means a person living in a place not meant for human habitation, or a person who is fleeing or attempting to flee domestic violence, has no other residence, and lacks the resources or support networks to obtain other permanent housing.

Section 10. The Director of Emergency Management and the Chief of the Colorado Springs Police Department (“Chief of Police”) are authorized to act in accordance with the City’s emergency operations plan and to activate any applicable federal, state, or local intergovernmental agreement for mutual assistance. All departments and divisions of the City, including Colorado Springs Utilities, are directed to cooperate with the Director of Emergency Management and the Chief of Police to provide assistance to the citizens of the City of Colorado Springs and to enforce the curfew as set forth above. The Chief of Police is authorized to issue public safety orders and enforce all provisions of the City Charter, City Code and any other applicable law including, but not limited to, Chapters 8 and 9 of the City Code and Titles 18 and 19 of the Colorado Revised Statutes.

Section 11. This Proclamation and Declaration shall be effective until the Mayor declares that the threat of the public health emergency has passed, or that the emergency no longer exists. This Proclamation and Declaration may be reviewed by the City Council (“Council”) and may be terminated by the Council at any time by majority vote of the Council. This Proclamation and Declaration shall be effective from June 3, 2020. City Charter§ 3-lO(g) and 4-10. City Code§ 1.2.505.

Section 12. This Proclamation and Declaration and Mayoral Regulation shall be posted in the City Clerk’s Office and remain posted until the emergency condition no longer exists.

This Proclamation and Declaration and Mayoral Regulation is executed this 3rd day of June, 2020 at tf o’clock _am/pm-, MDT.

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