Westminster's Public Conduct: The Rules That Matter

Every city handles public conduct a little differently. In Westminster, Colorado, there are 4 distinct rules that residents and property owners should be aware of. Some are stricter than what neighboring cities enforce, and others are more relaxed. Here is what you need to know.

Public Alcohol Use

Drinking or carrying an open alcoholic beverage container in any public place in Westminster is a criminal offense under Section 6-9-3, punishable by fine or jail under Section 1-8-1. The ban extends to vehicle passenger areas on public roads, with narrow carve-outs for permitted events, parks department permits, and private property use with the owner's consent.

Key details: Public place ban: No open containers in any public place. Vehicle coverage: Passenger areas of vehicles on public roads included. Private property: Allowed with owner's consent. Permitted events: Special event or parks dept permit exempt. Penalty class: Criminal offense, not civil infraction.

A Section 6-9-3 violation is charged as a criminal offense, not a civil infraction, exposing a violator to a fine of up to $2,650.00, imprisonment of up to 364 days, or both under Section 1-8-1, W.M.C. Each day the violation continues can be treated as a separate offense.

Public Marijuana Use

Openly and publicly displaying, consuming or using up to one ounce of marijuana anywhere in Westminster is a violation of Section 6-12-3, carrying a fine fixed at $100.00 and up to 15 days of imprisonment. The only carve-out in the section itself is for transporting marijuana plants for personal use, as allowed under Article XVIII, Section 16 of the Colorado Constitution.

Key details: Prohibited act: Open, public display, consumption or use of marijuana. Amount covered: Up to one ounce. Fine: Fixed at $100.00. Additional penalty: Up to 15 days imprisonment. Narrow exception: Transporting plants under Colo. Const. Art. XVIII § 16.

A Section 6-12-3 violation carries a fine fixed at $100.00, with the court able to add up to 15 days of imprisonment at its discretion. Public marijuana use or display on property owned, leased or controlled by the City is instead prosecuted as a criminal offense under Section 6-12-4, subject to the general penalty in Section 1-8-1.

Compared to other cities, Westminster takes a harder line on public marijuana use. The enforcement and penalty structure reflects that.

Public Urination

Westminster criminalizes public urination and defecation as public indecency under W.M.C. 6-4-1(A)(6), grouped with sexual acts, lewd exposure and masturbation performed in public or where the conduct may reasonably be seen. A conviction is a criminal offense under the City's general penalty section.

Key details: Governing section: W.M.C. 6-4-1(A)(6). Covered acts: urination, defecation, expectoration. Location standard: public or reasonably viewable by public. Offense type: criminal (public indecency). Penalty: fine or jail under §1-8-1.

Public urination or defecation charged as public indecency under Section 6-4-1(B) is a criminal offense, punishable by a fine or imprisonment or both under Section 1-8-1, W.M.C., the same penalty schedule that applies to the section's other listed acts of public sexual conduct.

Loitering Rules

Westminster makes it a crime to loiter on or within 100 feet of school grounds with intent to disrupt classes or endanger students, once a school official or officer has told the person to leave, under W.M.C. 6-3-6. There is no general adult loitering ban outside this school-grounds context.

Key details: Zone covered: school grounds plus 100 feet. Required trigger: order to leave from school staff or police. Intent required: disrupt program or endanger children. Offense type: criminal, fine or jail (§1-8-1). Defense: lawful peaceful assembly (§6-3-6(C)).

Loitering on or within 100 feet of school grounds with intent to disrupt classes or endanger students, after being told to leave by school staff or police, is a criminal offense under Section 6-3-6(D), punishable by a fine or imprisonment or both under Section 1-8-1, W.M.C. The lawful-assembly defense in subsection (C) can defeat a charge tied to peaceful protest activity.

The Bottom Line

Westminster's public conduct rules are a mixed bag. Some areas are strict, others are relaxed, and the details matter. The best approach is to check the specific rule that applies to your situation rather than assuming Westminster is broadly strict or permissive.

This guide is based on Westminster's current municipal code. Local rules can and do change, so check the individual ordinance pages for the latest details, penalties, and FAQs.