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Home My WebLink About953 FMC Amendment Chapter 9 Re Marijuana OffensesORDINANCE 953 AN ORDINANCE OF THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO, AMENDING CHAPTER 9 OF THE FIRESTONE MUNICIPAL CODE REGARDING MARIJUANA OFFENSES WHEREAS, it has come to the attention of the Board of Trustees that the provisions of the Firestone Municipal Code ("Code") regarding possession of marijuana and drug paraphernalia must be updated to ensure compliance with the applicable laws regarding medical and retail marijuana; and WHEREAS, the Board of Trustees also desires to amend the Code to expressly prohibit the public consumption of marijuana and as provided by state law prohibit open containers of marijuana in motor vehicles and have all such offenses be subject to the Code's general penalty provision. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO, I Section 1. Section 9.32.030 of the Firestone Municipal Code is hereby repealed and reenacted, to provide as follows: 9.32.030 —Public consumption of marijuana prohibited. A. It shall be unlawful for any person to knowingly consume or use marijuana, in any place that is commonly or usually open to the general public, being either public or private property, and including but not limited to, parks, trails, athletic fields, playgrounds, sidewalks, streets, public rights -of --way, common areas of private and public buildings and facilities and places of business to which the public is invited in or in which the public is permitted. For purposes of this chapter, marijuana shall have the same meaning as in section 16(2)(f) of article XVIII of the state constitution and "places of business to which the public is invited in or in which the public is permitted," shall include but not be limited to, retail food production or marketing establishments, restaurants, taverns, banks, commercial establishments, theatres, waiting rooms, reception areas, meeting rooms, educational facilities, libraries, recreational facilities, health care facilities, facilities providing live music or sporting events, and public transportation facilities. III 09 � Additions to the current text of the Code are indicated boo lunderlinin�, and deletions are indicated bye �+«� a=oagh. Section 2. Section 9.32.050 of the Firestone Municipal Code is amended to provide as follows: 9.32.050 - Possession of drug paraphernalia. A. It is an offense * .,.._Ss d he � Y" `'`b N" uY .lulau. ulauvr vuvunrscarreL•s where the possessor knows or reasonably should know t hat the drug paraphernali �SE A��Sn r�.�r�/a.I.. a. a�l.r��i �.�\.1 a.�1�'I.>•�lt �i\ It.a�a��.I�.. \.��I �il1!_(�.!\RT1 %�.. \��a�I•.'��.� shall be unlawful for any person to knowingly possess drug paraphernalia. It B. As used in this sect chapter, "drug paraphernalia" means all equipment, products and materials of any kind which are used, intended for use or designed for use in the pl ing,propagating;eLiltivating, grwA,havvtig manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling or otherwise introducing. into the human body a controlled substance in violation of the laws 'of Colorado or the ordinances of the town. "Drug paraphernalia includes, but is not limited to: l . Testing equipment used, intended for use or designed for use in identifying the strength, effectiveness or purity of controlled substances under circumstances in violation of the laws of Colorado; 2. Scales and balances used, intended for use or designed for use in weighing or measuring controlled substances; 43. Blenders, bowls, containers, spoons and mixing devices used, intended for use or designed for use in compounding controlled substances; -5 4. Capsules, balloons, envelopes and other containers used, intended for use or designed for use in packaging small quantities of controlled substances; 65. Containers and other objects used, intended for use or designed for use in storing or concealing controlled substances; or 7 6. Objects used, intended for use ingesting, inhaling or otherwise introducing 3 ell a controlled substance into the human body, such as: or designed for use in a. Metal, wooden, acrylic, glass, stone, plastic or ceramic pipes with or without screens, permanent screens, hashish e-ads or punctured metal bowls; b. Water pipes; c. Carburetion tubes and devices; d. Smoking and carburetion masks; fe. Miniature cocaine spoons or cocaine vials; or gf. Chamber pipes, carburetor pipes, electric pipes, driven pipes, chillums, bongs or chillers. C. Notwithstanding anything in this chapter to the contrary "drug paraphernalia" does not include anijuana accessories as defined in section 16(2)(g) of article XVIII of the state constitution if possessed or used by any -person twenty-one years or older or who is otherwise lawfully permitted to possess or use marijuana. �D. In determining whether an object is drug paraphernalia, the following factors, in addition to all other relevant factors, may be considered: 1. Statements by an owner or by anyone in control of the object concerning its use; 2. The proximity of the object to controlled substances; 3. The existence of any residue of controlled substances on the object; 4. Direct or circumstantial evidence of the knowledge of an owner, or of anyone in control of the object, or evidence that such person reasonably should know, that it will be delivered to persons who he knows or reasonably should know, could use the object to facilitate a violation of the laws of Colorado or the ordinances of the town; 5. Instructions, oral or written, provided with the object concerning its use; 3 6. Descriptive materials accompanying the object which explain or depict its use, 7. National or local advertising concerning its use, 8, The manner in which the object is displayed for sale; 9. Whether the owner, or anyone in control of the object, is a supplier of like or related items in the community for legal purposes, such as an authorized distributor or dealer of tobacco products; 10. The existence and scope of legal uses for the object in the community; and 11. Expert testimony concerning its use. �E, As used in this section, "controlled substance" means a drug or other substance or an immediate precursor which is declared to be a controlled substance under Part 3 of Artiele 22 of Title 12 Part 2 of Article 18 of Title 18, Colorado Revised Statutes, as may be amended from time to time. as saidpart existed i. Ifl�f �I �I\�I \ �19t�7R��\I!�l�l♦'��lS!!!\��I �\2��\��1S�lR� •RTII Section 3. Section 9.32.080, "Open marijuana container —Motor vehicle prohibited," of the Firestone Municipal Code is enacted to read as follows: 9.32.080 -Open marijuana container —Motor vehicle prohibited A_ _ For the purposes of this section, the following words and phrases shall mean as follows unless otherwise specified: 1. Motorvehicle shall mean a vehicle driven or drawn by mechanical power and manufactured primarily for use on public highways but does not include a vehicle operated exclusively on a rail or rails. 2. Motor° home means a vehicle designed to provide temporary living quarters and which is built into, an integral part of or a permanent attachment to a motor vehicle chassis or van. 3. Olen may°iizccmcz container means a receptacle or marijuana accessory that contains any amount of marijuana and: a. That is open or has a broken seal,• b. The contents of which are partially removed• or c. There is evidence that marijuana has been consumed within the motor vehicle. 4 4. Passenger area means the area designed to seat the driver and passengers includingseating eating behind the driver while a motor vehicle is in operation and any area that is readily accessible to the driver or a passenger while in his or her seating position including but not limited to the glove compartment 5. Ti°ailer° coach means a wheeled vehicle having an overall length, excluding towing gear and bumpers of not less than twenty-six (26) feet without motive power, that is designed and generally and commonly used for occupancy by persons for residential purposes in temporary locations and that may occasionally be drawn over the public highways by a motor vehicle and is licensed as a vehicle. B. Except as otherwise permitted in paragraph (1) of this subsection (b), a person while in the passenger area of a motor vehicle that is on a public street or roadway, or the right-of-wadpublic street or roadway may not knowingly• 1. Use or consume marijuana,• or IHave in his or her possession an open marijuana container. C. The provisions of this section shall not apply to: 1. Passengers other than the driver or a front seat passenger, located in the passenger area of a motor vehicle designed maintained or used primarily for the transportation of persons for compensation;. 2. The possession by a passenger, other than the driver or a front seat passenger, of an open marijuana container in the living quarters of a motor home, or trailer coach, 3. The possession of an open marijuana container in the area behind the last upright seat of a motor vehicle that is not equipped with a trunk or 4. The possession of an open marijuana container in an area not normally occupied by the driver of a passenger in a motor vehicle that is not equipped with a trunk. Section 4. If any article, section, paragraph, sentence, clause, or please of this ordinance is held to be unconstitutional or invalid for any reason, such decision shall not affect the validity or constitutionality of the remaining portions of this ordinance. The Board of Trustees hereby declare it would have passed this ordinance and each part or parts hereof irrespective of the fact that any one part or parts be declared unconstitutional or invalid. Section 5. Violations of this ordinance shall be punishable in accordance with Section 1.16.010 of the Municipal Code of the Town of Firestone, Colorado. Section 6. All other ordinances or portions thereof inconsistent or conflicting with this ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict. INTRODUCED, READ, ADOPTED, APPROVED, AND ORDERED PUBLISHED IN FULL this 26"' day of June, 2019, ATTEST; TOWN OF FIRESTONE, COLORADO Leah Vanarsdall, Town Clerk AS TO FORM: Town Attorney