HomeMy WebLinkAbout1990 Ordinance No. 004ORDINA!\CE llO, _1_
SERICS OF 1990
BY .~UTHORITY
9 (h)
COUNCIL BILL HO, l
INTRODUCED B'i COUNCIL
MEMBER HABENICHT
AN ORDINANCE AMENDING TITLE 7, CHAPTER GD, ENGLEWOCD MUNICIPAL
CODE 1985, B'i ADDING .I\ NEl'I SECTIOtl 12 DEALING WITH POSSESSION OF
!-\AR I HUANA (!1ARIJUANA).
\IHERE.I\S, the Cclorado Statutes ?roscribe, among other
things, t he possession, use, sale , an d growing of marihuana and
hashis!"!, they do perl'.'.it mu~ici;,;,lities to prohibit the mere
ocssession of small amounts of narihuana of one ounce or less;
and
WHEREA S, City Council hereby declares that possession of
narihuana is in jurious to the ~ealth, v;elfare, and safety of
Englewccd citize~s; an d
~H£REA S, the ~ajcrity cf marihuana offenses detected in
t~is City are wr ong ful possession cases which c&n be processed,
~nd d i spcsed of mere ra?idl.y in the Eng lewood Municipal Court;
NOW, THEREFORE, BE IT ORD.l\!NE!l BY THE CITY OF ENGLEWOOD,
COLORADO, TP..I\T:
Section 1 . Title 7, Chapter 6D, Englewood Municipa l Code
1985, is !"!ereby amended by ad c in~ a new Section 12 to read as
follows:
CHAPTER 6
7-G!l-12 POSSESSION OF MARIHUANA PROHIBITED
A. De finiti on:.
l. MARIHUANA OR ?-L',TIIJU.l\)l A means all parts of the plant
cannabi s ~ati ve L., wh e t!"h?r grcwi t1g or not, the seeds thereof,
th~ resin extracted from any part of the plant , and every
c ompcund, manufacture, 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, er sterilized seed of the ?lant which is incapable of
germinaticn, if these items exist apart from any ether item
defined as 11 marihu ana 11 herein. 11 Marihuana 11 does not include
marihuana concentratat e as next cefin~d.
2, :-!ARil!UAIIA CONCENT!\l\TC means hashish,
tetrahydrocannabincls, er any alkaloid, salt, derivative,
preparation, compound or mixture, whether natural or synthesized,
of tetrahydrocannabinols .
-l -
3. CO:-lSUM PTIO!-1 OR US>: :lF !'.ARIHU AN A shall be deemed
possessic~ thereof.
B. It is unlawful for any person to possess one ounce or less
o f marihuana.
c. The maximum punishme nt that can be i mpos ed for v i o lati o n cf
this section is as is set forth in Section 1-4-1 o f this
Code . Ho wever, in impcsing punishment on minors for
violation of this section, the Court is limited to the
restrictions of Section 1-4-lB of this Code .
Introduced, read in full, and passed on first rea ding on
the 8th day of January, 1990.
Published as a nill for an Ordinance on the 11th day o f
Janu~r,, 199 0 .
Rea d by title and passed on final readi ng on t he 5th cay of
February, 1990.
Published by titl e as Ordi nance ::o . _';/__, Serie s of 1990,
~n the 8th day of February, 1990.
Attest:
~~✓/~
Patricia H. Crow, City Clerk
I, Patricia H. Crew, City Cl e rk fer t h e City cf Englewood ,
Colorado, hereby ce rtify the ab ov e and fcregoing is a true copy
of t he Ordinance payed on final reading and p~blished by title
as Ordinance No . , Se ries of 1990 .
.G2-z-«,:. ~~
Patricia H. Crow
DATE
January 8, 1990
INITIATED BY
STAFF SOURCE
ISSUE/ACTION PROPOSED
COUNCIL COIOOJNICATION
AGENDA ITEM
21 (a)
SUBJECT An ordinance enacting a new
section, 7-60-12, of EHC relating to
possession of marihuana
Safety Serv i ces Department , Pol ice Division
Director A. F. Stanley
Adopt an ordinance adding section 12 -possession of marihuana prohib i ted -to Title
7, Chapter 6, Article D, E.H.C., establishing a munici pal ordinance for possession
of marihuana less than one ounce.
t~ PREVIOUS COUNCIL ACTION
None
STAFF ANALYSIS
The passage of this ordinance should have no long range i mpact on other departments .
The ordinance was drafted by the city attorney 's office as required by Article IX,
Part 1, Home Rule Charter.
BACKGROUND
This proposed ordinance would allow officers to charge violators i n posses s ion of
less th~.n one ounce of marihuana into municipal court . The ordinance defines
marih ana and marihuana concentrate, and makes it unlawful for any person to possess
not more than one ounce of marihuana. The ordinance also spec i fies the maximum
punishment that can be set forth in section 1-4-1 E.H .C. The ordinance also sets
forth the provisions for charging and imposing pun i shment of juveniles who are in
violat i on of this ordinance .
At the present time, the only statute for charging violators is set out in the
Colorado Revised Statutes and in the cases involving Juvenile violators, this
results in a time consuming long form case filing presented to the district
attorney's office.
FINANCIAL
..___/ The only financial impact this ordinance should have on the city will be to increase
revenues for fines imposed.