HomeMy WebLinkAbout2013 Ordinance No. 011ORDINANCE NO.//
SERIES OF 2013
BY AUTHORITY
COUNCIL BILL NO. 7
INTRODUCED BY COUNCIL
MEMBER GILLIT
AN ORDINANCE AMENDING TITLE 7, CHAPTER 6D, OF THE ENGLEWOOD MUNICIPAL
CODE 2000, RELATING TO THE POSSESSION, USE OR CONSUMPTION OF
RECREATIONAL MARIJUANA AND DRUG PARAPHERNALIA.
WHEREAS, Amendment 64 changed Colorado law regarding the regulation and sale of
marijuana; and
WHEREAS, the Constitutional Amendment sets a deadline for the completion of regulations by
the State Department of Revenue for July 1, 2013; and
WHEREAS, the Governor's Task Force recently forwarded recommendations to the
Legislature; and
WHEREAS, the City of Englewood established a moratorium to evaluate the State regulations;
and
WHEREAS, the moratorium on the sale, manufacture and cultivation of marijuana was found to
be necessary for the City to evaluate the effect of the Amendment and any State regulations on the
City's existing Medical Marijuana regulations; and
WHEREAS, during the moratorium, City Council directed City staff to continue to develop
appropriate recommendations consistent with the Constitutional Amendment and State regulations;
and
WHEREAS, the Marijuana definition has been modified to match the new Constitutional
language; and
WHEREAS, the Police Department has requested a prohibition as to minors, which is permitted
by Amendment 64; and
WHEREAS, language under the Code has been modified as to the number of plants allowed to
match the new Constitutional language; and
WHEREAS, Amendment 64 provides that growing of marijuana shall take place in an enclosed,
locked, space and shall not be conducted openly and publicly; and
WHEREAS, restrictions on cultivating marijuana have been modified accordingly; and
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WHEREAS, the Police Department has requested that the current provisions based upon similar
intoxicating liquor open container prohibitions be maintained as to motor vehicles; and
WHEREAS, the penalty provision of 1-4-1 EMC will still apply, and redundant language has
been eliminated to avoid confusion; and
WHEREAS, Amendment 64 specifically prohibits consumption of any marijuana that is
conducted openly or publicly or in a manner that endangers others; and
WHEREAS, the draft Ordinance has language prohibiting marijuana use in the same manner as
Englewood's restriction on open containers of intoxicating liquor 5-3C-3 EMC; and
WHEREAS, Marijuana Accessories have been exempted from Drug Paraphernalia as required
by the language of Amendment 64.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO, AS FOLLOWS:
Section 1. The City Council of the City of Englewood, Colorado hereby authorizes amending
Title 7, Chapter 6D, Section 12, of the Englewood Municipal Code 2000, entitled Possession of
Marijuana Prohibited, to read as follows:
7-6D-12: Possession Use or Consumption of Marijuana Prohibited.
A. Definitions.
Any word or term used that is defined in Article XVIII, Section~ 14~ 8-W) or 16 of the Colorado
Constitution; in§ 25-1.5-101 et seq. C.R.S. or in the Colorado Medical Marijuana Code,§ 12-
43.3-101 et seq. C.R.S. shall have the same meaning that is ascribed to such word or term in
those Constitutional provisions or C.R.S. sections unless the definition is amended by this
section.
Use or Consumption of Marijuana: Shall be deemed possession thereof.
Marihuana or Marijuana: All parts of the plant cannabis sativa L., vmether growing or not, the
seeds thereof, the resin extracted from O::B:)' part of the plant, and every compound, 11'llIDllfacture,
salt, derivative, mixture, or preparation of the plant, its seeds, or its resin. It does not include
fiber produced from the stalks, oil or cake made from the seeds of the plant, or steriliz,;ed seed of
the plant which is incapable of germination, if these items e~dst apart from any other item defined
as "marijuana" herein. "Marijuana" does not include marijuana concentrate as defined belmv.
All parts of the plant of the genus cannabis whether growing or not, the seeds thereof. the resin
extracted from any part of the plant, and every compound. manufacture. salt, derivative. or
preparation of the plant, its seeds. or its resin, including marihuana concentrate. "Marijuana" or
"Marihuana" does not include industrial hemp, nor does it include fiber produced from the stalks,
oil. or cake made from the seeds of the plant, sterilized seed of the plant which is incapable of
germination. or the weight of any other ingredient combined with marijuana to prepare topical or
oral administrations. food. drink or other product.
Mariiuana Accessories: Any equipment, products, or materials of any ldnd which are used,
intended for use. or designed for use in planting. propagating. cultivating. growing. harvesting.
composting. manufacturing. compounding. converting. producing, processing, preparing. testing.
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analyzing, packaging, repackaging, storing, vaporizing, or containing marijuana, or for ingesting,
inhaling, or otherwise introducing marijuana into the human body.
Medical Marijuana: means Marijuana that is grown and sold pursuant to the provisions of§ 106
of Article 1.5 of Title 12 C.R.S.; Article 43.3 of Title 12 C.R.S. and for a purpose authorized by
Section 14 of Article XVID of the State Constitution.
Passenger area: means the area designed to seat the driver and passengers 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.
B. It is unlawful for any person to possess, use or consume one ounce or less of Marijuana,
except in accordance with Section~ 14, and 16 of Article XVID of the Colorado Constitution.
l, It shall be unlawful for anyone under twenty-one (21) years of age to possess, use or
consume one ounce or less of Marijuana.
!fil Exception -Medical Marijuana as authorized by EMC 5-3D-1
2,. It shall be unlawful to sell. distribute or transfer Marijuana to a person who is under
twenty-one (21) years of age.
!fil Exception -Medical Marijuana as authorized by EMC 5-3D-1.
DG. Restrictions on locations for cultivating Marijuana.
l, Growing of Marijuana shall take place in an enclosed, locked space and shall not be
conducted openly or publicly.
-l-2. It shall be unlawful to cultivate Marijuana in an outdoor area or an accessory structure
including but not limited to outdoor gardens, greenhouses, sheds or storage units;
ii It shall be unlawful to cultivate Marijuana within a garage, whether attached or
detached, or other structure designed or intended for the keeping or storage of vehicles,
equipment or goods;
~-It shall be unlawful to permit Marijuana plants to be perceptible from the exterior of any
structure, including but not limited to:
(a) Common visual observation of Marijuana.
(b) Odors, smells, fragrances, or other olfactory stimulus generated by the cultivation,
production, possession or processing of Marijuana plants that disturbs the repose of
another.
( c) Light pollution, glare, or brightness of artificial illumination associated with the
cultivation, of Marijuana plants that disturbs the repose of another.
( d) Noise from fans in excess of the limits set in Section 6-2-5(F) EMC, as amended.
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45. It shall be unlawful to cultivate Medical Marijuana in the common areas of residential
property;
:QC. It shall be unlawful to cultivate or permit to be cultivated, more than the following
maximum number of Medical Marijuana plants:
1. Six (6) Medical Marijuana plants with three (3) or fewer being mature, flowering plants.
that are producing a useable form of Marijuana for each Patient of the premises; or
2. The ma1dmum number of Medical Marijuana plants necessary to alleviate the patient's
(or patients') chronic debilitating disease(s) or medical condition(s) as tY!idenced by the
patient's (or patients') physician's written professional opinion or recommendation.
B. Concerning Marijuana in Motor Vehicles:
1. A person while in the passenger area of a motor vehicle that is on a public street,
highway or public right-of-way may not have use or consume Marijuana in his or her
possession.
2. The provisions of this Section (E) shall not apply to:
(a) 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.
(b) Marijuana possession use or consumption by a passenger, other than the driver or
front seat passenger, in the living quarters of a house coach, house trailer, motor
home, as defined in C.R.S. §42-1-102(57), or trailer coach, as defined in C.R.S. §42-
l-102(106)(a).
(o) The possession of Marijuana in the area behind the last upright seat of a motor
vehicle that is not equipped with a trunk.
fa-) The possession of Marijuana in an area not normally ocou-pied by the driver or a
passenger in a motor vehicle that is not equipped with a trunk.
F. The tnaJdmum punishment that can be imposed for violation of this Section is as is set forth
in Section 1 4 1 of this Code. HowtY,zer, in imposing punishment on minors for violation of
this Section, the Court is limited to the restrictions of subsection 1 4 1 (B) of this Code.
Restrictions on use or the consumption of Marijuana that is conducted openly and publicly or
in a manner that endangers others.
1 It shall be unlawful for any person to use or consume Marijuana in any public place.
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7-6D-12-1: Drug Paraphernalia.
A. Definitions. As used in this Section, unless the context otherwise requires:
l. Drug paraphernalia means all equipment, products, and materials of any kind which are
used, intended for use, or designed for use in planting, propagating, cultivating, growing,
harvesting, 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 this State. Drug paraphernalia includes, but is not limited to:
a. Testing equipment used, intended for use, or designed for use in identifying or in
analyzing the strength, effectiveness, or purity of controlled substances under
circumstances in violation of the laws of this State;
b. Scales and balances used, intended for use, or designed for use in weighing or
measuring controlled substances;
c. Separation gins and sifters used, intended for use, or designed for use in removing
twigs and seeds from or in otherwise cleaning or refining marijuana;
d. Blenders, bowls, containers, spoons, and mixing devices used, intended for use, or
designed for use in compounding controlled substances;
e. Capsules, balloons, envelopes, and other containers used, intended for use, or
designed for use in packaging small quantities of controlled substances;
f. Containers and other objects used, intended for use, or designed for use in storing or
concealing controlled substances; or
g. Objects used, intended for use, or designed for use in ingesting, inhaling, or
otherwise introducing marijuana, cocaine, hashish, or hashish oil into the human
body, such as:
(1) Metal, wooden, acrylic, glass, stone, plastic, or ceramic pipes with or without
screens, permanent screens, hashish heads, or punctured metal bowls;
(2) Water pipes;
(3) Carburetion tubes and devices;
(4) Smoking and carburetion masks;
(5) Roach clips, meaning objects used to hold burning material, such as a
marijuana cigarette that has become too small or too short to be held in the
hand;
(6) Miniature cocaine spoons and cocaine vials;
(7) Chamber pipes;
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(8) Carburetor pipes;
(9) Electric pipes;
(10) Air-driven pipes;
(11) Chillums;
(12) Bongs; or
(13) Ice pipes or chillers.
2. Drug Paraphernalia shall not mean or include Marijuana Accessories as defined by
Article XVIII of the State Constitution.
B. Determination; Considerations.
1. In determining whether an object is drug paraphernalia, a court, in its discretion, may
consider, in addition to all other relevant factors, the following:
a. Statements by an owner or by anyone in control of the object concerning its use;
b. The proximity of the object to controlled substances;
c. The existence of any residue of controlled substances on the object;
d. 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/she knows or reasonably should know, could use
the object to facilitate a violation of this Section;
e. Instructions, oral or written, provided with the object concerning its use;
f. Descriptive materials accompanying the object which explain or depict its use;
g. National or local advertising concerning its use;
· h. The manner in which the object is displayed for sale;
i. Whether the owner, or anyone in control of the object, is a supplier of like or related
items to the community for legal purposes, such as an authorized distributor or dealer
of tobacco or Marijuana products;
j. The existence and scope of legal uses for the object in the community;
k. Expert testimony concerning its use.
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C. Possession of Drug Paraphernalia. A person commits possession of drug paraphernalia if
he/she possesses drug paraphernalia and knows or reasonably should know that the drug
paraphernalia could be used under circumstances in violation of this Code, except in
accordance with Section 14 and 16 of Article XVill of the Colorado Constitution.
D. Manufacture, Sale or Delivery of Drug Paraphernalia; Penalty. Any person who sells or
delivers, possesses with intent to sell or deliver, or manufactures with intent to sell or deliver
equipment, products, or materials knowing, or under circumstances where one reasonably
should know, that such equipment, products or materials could be used as drug paraphernalia
commits a violation of this Section, except in accordance with Section 14 and 16 of Article
XVill of the Colorado Constitution.
E. Advertisement of Drug Paraphernalia,· Penalty. Any person who places an advertisement in
any newspaper, magazine, handbill, or other publication and who intends thereby to promote
the sale in this City of equipment, products, or materials designed and intended for use as
drug paraphernalia commits a violation of this Code, except in accordance with Section 14
and 16 of Article XVill of the Colorado Constitution.
F. Defenses. The common law defense known as the procuring agent defense is not a defense to
any crime in this Section.
Section 2. Safety Clauses. The City Council hereby finds, determines, and declares that this
Ordinance is promulgated under the general police power of the City of Englewood, that it is
promulgated for the health, safety, and welfare of the public, and that this Ordinance is necessary
for the preservation of health and safety and for the protection of public convenience and
welfare. The City Council further determines that the Ordinance bears a rational relation to the
proper legislative object sought to be obtained.
Section 3. Severability. If any clause, sentence, paragraph, or part of this Ordinance or the
application thereof to any person or circumstances shall for any reason be adjudged by a court of
competent jurisdiction invalid, such judgment shall not affect, impair or invalidate the remainder
of this Ordinance or it application to other persons or circumstances.
Section 4. Inconsistent Ordinances. 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.
Section 5. Effect of repeal or modification. The repeal or modification of any provision of
the Code of the City of Englewood by this Ordinance shall not release, extinguish, alter, modify,
or change in whole or in part any penalty, forfeiture, or liability, either civil or criminal, which
shall have been incurred under such provision, and each provision shall be treated and held as
still remaining in force for the purposes of sustaining any and all proper actions, suits,
proceedings, and prosecutions for the enforcement of the penalty, forfeiture, or liability, as well
as for the purpose of sustaining any judgment, decree, or order which can or may be rendered,
entered, or made in such actions, suits, proceedings, or prosecutions.
Section 6. Penalty. The Penalty Provision of Section 1-4-1 EMC shall apply to each and
every violation of this Ordinance.
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Introduced, read in full, and passed on first reading on the 1st day of April, 2013.
Published by Title as a Bill for an Ordinance in the City's official newspaper on the 5th day of
April, 2013.
Published as a Bill for an Ordinance on the City's official website beginning on the 3rd day of 1·-,
April, 2013 for thirty (30) days.
Read by title and passed on final reading on the 15th day of April, 2013.
Published by title in the City's official newspaper as Ordinance No.// , Series of 2013, on
the 19th day of April, 2013.
Published by title on the City's official website beginning on the 1 i 11 day of
April, 2013 for thirty (30) days. 1---.____
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. Penn, Mayor
I, Loucrishia A Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the
above and foregoing isJ/_rue copy of the Ordinance passed on final reading and published by
title as Ordinance No. , Series of 2013.
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