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TC Ord. No. 2013-12 Amending Chpt 9.16 of the TOA Code Regarding Marijuana Possession and UseTOWN OF AVON, COLORADO ORDINANCE NO. 13 -12 SERIES OF 2013 AN ORDINANCE AMENDING CHAPTER 9.16 OF THE AVON MUNICIPAL CODE REGARDING MARIJUANA POSSESSION AND USE WHEREAS, the voters of Colorado approved Amendment 64 by a majority of the votes cast, which amended Article XVIII of the Constitution of the State of Colorado by adding a new Section 16; and WHEREAS, Amendment 64 allows the possession, use, display, purchase or transportation of one ounce or less of marijuana or marijuana accessories by a person twenty -one years of age or older; and WHEREAS, Amendment 64 allows possessing, growing, processing, or transporting no more than six marijuana plants, with three or fewer being mature, flowering plants, and possession of the marijuana produced by the plants on the premises where the plants were grown, provided that the growing takes place in an enclosed, locked space, is not conducted openly or publicly, and is not made available for sale; and WHEREAS, Amendment 64 allows local governments to prohibit the possession of marijuana and marijuana accessories by persons under the age of twenty -one years and to prohibit the open and public consumption of marijuana by persons of any age; and WHEREAS, it is the Town Council's opinion that the health, safety and welfare of the citizens of the Town of Avon would be enhanced and promoted by the adoption of this ordinance; and WHEREAS, approval of this Ordinance on first reading is intended only to confirm that the Town Council desires to comply with state law, the Avon Municipal Code and the Avon Home Rule Charter by setting a public hearing in order to provide the public an opportunity to present testimony and evidence regarding the application and that approval of this Ordinance on first reading does not constitute a representation that the Town Council, or any member of the Town Council, supports, approves, rejects, or denies the proposed amendment to the Avon Municipal Code. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO the following: Section 1. Recitals Incorporated. The above and foregoing recitals are incorporated herein by reference and adopted as findings and determinations of the Town Council. Section 2. Amendment to Avon Municipal Code Chapter 9.16. Chapter 9.16 of the Avon Municipal Code is hereby amended to read as follows: A. Section 9.16.060 is repealed in its entirety and reenacted to read as follows: "9.16.060 Marijuana, Marijuana Products and Marijuana accessories defined. Mar�uana or marihuana means 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, Ord 13 -12 Amending Ch. 9.16 Sept. 4, 2013 DRAFT Page 1 of 6 manufacture, salt, derivative, mixture, 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. MarUuana accessories means any equipment, products, or materials of any kind which are used, intended for use, or designed for use in planting, propagating, cultivating, growing, harvesting, composting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, vaporizing, or containing marijuana, or for ingesting, inhaling, or otherwise introducing marijuana into the human body. Marijuana products means concentrated marijuana products and marijuana products that are comprised of marijuana and other ingredients and are intended for use or consumption, such as, but not limited to, edible products, ointments, and tinctures." B. Section 9.16.070 is repealed in its entirety and reenacted to read as follows: "9.16.070 Unlawful Acts Concerning Marijuana Designated. The following acts are declared to be unlawful and in violation of this Chapter 9.16: (a) Possessing, using, cultivating, selling, distributing, transferring or to attempting to sell, distribute, transfer, obtain or procure marijuana for any person under twenty -one (21) years of age. (b) Possessing, using, displaying, purchasing, or transporting more than one ounce of marijuana. (c) Possessing, growing, processing, or transporting more than six (6) marijuana plants. (d) Consuming marijuana in a manner that is conducted openly and publicly or in a manner that endangers others, including but not limited to consumption on any Town property, Town Hall, Town parks, the Avon Recreation Center, open space lands owned by the Town of Avon, sidewalks, streets (including consumption in private vehicles on Town streets), trails and other public right -of -ways, and consumption in any place or property open to the general public, whether by permission, license, fee, charge or membership. (e) Consuming marijuana on any property without the permission of the property owner." C. Section 9.16.080 is repealed in its entirety and reenacted to read as follows: "9.16.080 Lawful Acts Concerning Marijuana Designated. The following acts are declared to be lawful: (a) It shall not be unlawful and it shall be an affirmative defense to criminal prosecution under this Section for a medical marijuana patient or primary care- giver, as defined in Section 14 of Article XVIII of the State Constitution, to possess, use and obtain medical marijuana, when such medical marijuana patient or primary care -giver is fully and currently compliant with all applicable state laws, regulations and licensing requirements concerning medical marijuana, provided that such possession or use is not displayed Ord 13 -12 Amending Ch. 9.16 Sept. 4, 2013 DRAFT Page 2 of 6 publicly or in a manner which can be seen by the general public, does not occur on property owned or possessed by the Town and does not occur upon property without permission of the property owner. (b) Notwithstanding any other provision of law, the following acts are not unlawful for persons twenty -one (21) years of age or older: (1) Possessing, using, displaying, purchasing, or transporting marijuana accessories or one ounce or less of marijuana. (2) Possessing, growing, processing, or transporting no more than six (6) marijuana plants, with three (3) or fewer being mature, flowering plants, and possession of the marijuana produced by the plants on the premises where the plants were grown, provided that the growing takes place in an enclosed, locked space, is not conducted openly or publicly, and is not made available for sale. (3) Transfer of one (1) ounce or less of marijuana without remuneration to a person who is twenty -one (2 1) years of age or older. (4) Consumption of marijuana, provided that nothing in this section shall permit consumption that is conducted openly and publicly or in a manner that endangers others. (5) Assisting another person who is twenty -one (21) years of age or older in any of the acts described in paragraphs (1) through (4) of this subsection." D. Section 9.16.100 is repealed in its entirety and reenacted to read as follows: "9.16.100 Penalty for Violation. Any person who violates any provision of this Chapter 9.16 is guilty of a misdemeanor and upon conviction thereof shall be punished in accordance with the provisions of Section 1.08.010 of this Code." E. Section 9.16.115 is hereby amended by repealing and adding the following language, which repealed language is depicted with stilethrotigh and which added language is depicted with double underlining, so that the section shall read in its entirety, and is hereby adopted in its entirety, as follows: "(a) 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 state law. Drug paraphernalia includes, but is not limited to: (1) 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 state law; (2) Scales and balances used, intended for use or designed for use in weighing or measuring controlled substances; twigs and seeds from of in ethefwise eleanin of fefining Ord 13 -12 Amending Ch. 9.16 Sept. 4, 2013 DRAFT Page 3 of 6 (4) Blenders, bowls, containers, spoons and mixing devises used, intended for use or designed for use in compounding controlled substances; (5) Capsules, balloons, envelopes and other containers used, intended for use or designed for use in packaging small quantities of controlled substances; (6) Containers and other objects used, intended for use or designed for use in storing or concealing controlled substances; or (7) Objects used, intended for use or designed for use in ingesting, inhaling or otherwise introducing mar-ijuana, cocaine, hashish or hashish oil such as: a. Metal, wooden, acrylic, glass, stone, plastic or ceramic pipes with or without screens, permanent screens, hashish heads or punctured metal bowls, b. Water pipes, c. Carburetion tubes and devices, d. Smoking and carburetion masks, e. 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, f. Miniature cocaine spoons and cocaine vials, g. Chamber pipes, h. Carburetor pipes, i. Electric pipes, j. Air -driven pipes, k. Chillums, 1. Bongs, or m. Ice pipes or chillers. (b) Marijuana accessories are excluded from the definition of drug paraphernalia." F. Section 9.16.119 is hereby amended by adding the following language, which added language is depicted with double underlining, so that the section shall read in its entirety, and is hereby adopted in its entirety, as follows: "A person commits possession of drug paraphernalia if he or she possesses drug paraphernalia and knows or reasonably should know that the drug paraphernalia could be used under circumstances in violation of state law. It shall not be unlawful and shall be a defense to prosecution if a person twenty -one (21) years of age or older possesses marijuana accessories." Section 3. Codification Amendments. The codifier of the Town's Municipal Code, Colorado Code Publishing, is hereby authorized to make such numerical and formatting changes as may be necessary to incorporate the provisions of this Ordinance within the Avon Municipal Code. The Town Clerk is authorized to correct, or approve the correction by the codifier, of any typographical error in the enacted regulations, provided that such correction shall not Ord 13 -12 Amending Ch. 9.16 Sept. 4, 2013 DRAFT Page 4 of 6 substantively change any provision of the regulations adopted in this Ordinance. Such corrections may include spelling, reference, citation, enumeration, and grammatical errors. Section 4. SeverabULq. If any provision of this Ordinance, or the application of such provision to any person or circumstance, is for any reason held to be invalid, such invalidity shall not affect other provisions or applications of this Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are declared to be severable. The Town Council hereby declares that it would have passed this Ordinance and each provision thereof, even though any one of the provisions might be declared unconstitutional or invalid. As used in this Section, the term "provision" means and includes any part, division, subdivision, section, subsection, sentence, clause or phrase; the term "application" means and includes an application of an ordinance or any part thereof, whether considered or construed alone or together with another ordinance or ordinances, or part thereof, of the Town. Section 5. Effective Date. This Ordinance shall take effect thirty (30) days after public notice following final passage in accordance with Section 6.4 of the Avon Home Rule Charter. Section 6. Safety Clause. The Town Council hereby finds, determines and declares that this Ordinance is promulgated under the general police power of the Town of Avon, 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 Town Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be obtained. Section 7. No Existing Violation Affected. Nothing in this Ordinance shall be construed to release, extinguish, alter, modify, or change in whole or in part any penalty, liability or right or affect any audit, suit, or proceeding pending in any court, or any rights acquired, or liability incurred, or any cause or causes of action acquired or existing which may have been incurred or obtained under any ordinance or provision hereby repealed or amended by this Ordinance. Any such ordinance or provision thereof so amended, repealed, or superseded by this Ordinance shall be treated and held as remaining in force for the purpose of sustaining any and all proper actions, suits, proceedings and prosecutions, for the enforcement of such penalty, liability, or right, and for the purpose of sustaining any judgment, decree or order which can or may be rendered, entered, or made in such actions, suits or proceedings, or prosecutions imposing, inflicting, or declaring such penalty or liability or enforcing such right, and shall be treated and held as remaining in force for the purpose of sustaining any and all proceedings, actions, hearings, and appeals pending before any court or administrative tribunal. Section 8. Publication by Posting. The Town Clerk is ordered to publish this Ordinance by posting notice of adoption of this Ordinance on final reading by title in at least three public places within the Town and posting at the office of the Town Clerk, which notice shall contain a statement that a copy of the ordinance in full is available for public inspection in the office of the Town Clerk during normal business hours. [Execution Page Follows] Ord 13 -12 Amending Ch. 9.16 Sept. 4, 2013 DRAFT Page 5 of 6 INTRODUCED, APPROVED, PASSED ON FIRST READING, ORDERED POSTED AND REFERRED TO PUBLIC HEARING and setting such public hearing for September 24, 2013 at the CounCda the Avon Municipal Building, located at One Lake Street, Avon, Colorado, o-)b icli Carroll, Mayor Published by postilic places in Town and posting at the office of the Town Clerk at least seveion by the Town Council. AT AaTO!::? -4z-1 fq a c nn Clerk Eric J. He* , Town Attorney­ 1! INTRODUCED,i-FINALLY APPROVED, AND PASSED ON SECOND READING, AND ORDERED PUBLISHED G on September 24, 2013. - ��SOWN . - Carroll, Mayor Published by posting title inat sf• a public places in Town and posting by title at the office of the Town Cle co�� ^,••••••,••' Ord 13 -12 Amending Ch. 9.16 Sept. 4, 2013 DRAFT Page 6 of 6