ORDINANCE NO. 2016-03

 

AN ORDINANCE AMENDING PROVISIONS IN THE KEENESBURG MUNICIPAL CODE CONCERNING MARIJUANA, COURT COSTS AND PENALTIES

 

WHEREAS, changes in State law necessitate that amendments be made to certain provisions in the Keenesburg Municipal Code as provided herein.

 

NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF KEENESBURG, COLORADO:

 

            Section 1. Section 1-4-20 of the Keenesburg Municipal Code is hereby amended to read as follows (words to be added are underlined; words to be deleted are stricken through):

 

Sec. 1-4-20.   General penalty for violation.

Any person who shall violate or fail to comply with any provision of this Code for which a different penalty is not specifically provided shall, upon conviction thereof, be punished by a fine not exceeding one thousand dollars ($1,000.00) two thousand six hundred and fifty dollars ($2,650.00)or by imprisonment not exceeding one (1) year, or by both such fine and imprisonment, except as hereinafter provided in Section 1-4-30. In addition, such person shall pay all costs and expenses in the case, including attorney fees. Each day such violation continues shall be considered a separate offense. The maximum fine set forth above shall be adjusted for inflation on January 1 of each calendar year. For purposes of this section, “inflation” means the annual percentage change in the United States Department of Labor, Bureau of Labor Statistics, Consumer Price Index for Denver-Boulder, All Items, All Urban Consumers, or its successor index.

 

            Section 2. Subsections (2) and (5) of Section 2-5-50 of the Keenesburg Municipal Code are hereby amended to read as follows (words to be added are underlined; words to be deleted are stricken through):

 

            Sec. 2-5-50. Court costs.

 

       (2)        Forty-five Thirty dollars ($45 30.00) upon the entry of a default judgment by the Court, fifteen dollars ($15.00) of which is required by and shall be forwarded to the Department of Motor Vehicles.

      (5)        Forty-five Thirty dollars ($45 30.00) upon the issuance of an outstanding judgment warrant for failing to pay fines and costs or failing to comply with any order of the Court, fifteen dollars ($15.00) of which is required by and shall be forwarded to the Department of Motor Vehicles.

Section 3. Section 10-6-70 of the Keenesburg Municipal Code is hereby repealed and reenacted, with amendments, to read as follows:

Sec. 10-6-70. Marijuana offenses.

            (a)        Definitions. As used in this section, the following words and phrases shall have the following meanings:

           

(1) Marijuana shall have the same meaning as set forth in Article XVIII, § 16(2)(f) of the Colorado Constitution.

 

                        (2) Marijuana product shall have the same meaning as set forth in Article XVIII, § 16(2)(k) of the Colorado Constitution.

 

                        (3) Minor shall mean any person under the age of twenty-one (21).

 

                        (4) Registry identification card shall have the same meaning as set forth in Article XVIII, § 14(1)(g) of the Colorado Constitution, or as may be more fully defined in any applicable state law or regulation.

 

            (b)        Possession and consumption of marijuana by minors.

 

(1)        It shall be unlawful for any minor to consume, possess, display or have under that person’s control any marijuana or marijuana product.  

                        (2)        It shall be an affirmative defense to a charged violation under this section that the minor: (1) on the date of the alleged offense, lawfully possessed a current registry identification card issued by the State of Colorado; and (2) possessed no more marijuana than the amount permitted by Article XVIII, § 14 of the Colorado Constitution. Such evidence shall be presented at an arraignment or at a pre-trial conference on the offense. Any minor who raises this defense waives doctor-patient privilege and confidentiality with respect to the patient registry information.

 

            (c)        Public consumption of marijuana prohibited.

 

                        (1)        It shall be unlawful for any person to 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, open space, trails, sidewalks, streets, public rights-of-way, common areas and places of business to which the public is invited in or in which the public is permitted.

 

Section 4.        If any section, paragraph, sentence, clause, or phrase 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 declares that 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.        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 6.        The repeal or modification of any provision of the Municipal Code of the Town of Keenesburg 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 purpose 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.

 

INTRODUCED, READ, ADOPTED, APPROVED, AND ORDERED PUBLISHED IN FULL this 19th day of January, 2016.

 

 

TOWN OF KEENESBURG, COLORADO

 

 

____________________________________

Danny Kipp, Mayor

 

ATTEST:

 

 

______________________________

Debra L. Chumley, Town Clerk