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TC Ord. No. 2006-14 Amending title 9 of the muni code of the TOA relating to possession of liquors by underage personTOWN OF AVON, COLORADO ORDINANCE NO. 06- 14 SERIES OF 2006 AN ORDINANCE AMENDING TITLE 9 OF THE MUNICIPAL CODE OF THE TOWN OF AVON RELATING TO POSSESSION OF LIQUORS BY UNDERAGE PERSON BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON,COLORADO: Section 1. Amendment. Chapter 9.12, Title 9 of the Municipal Code of the Town of Avon is amended as follows: "9.12.060 Possession or consumption of liquors by underage person. (a) It is unlawful for any person under the age of twenty-one (21) to possess or consume ethyl alcohol anywhere within the Town limits. For the purposes of this ordinance, "possession" shall include the presence of a detectable level of ethyl alcohol in a person's body, which alcohol may have been ingested outside Town limits. (b) It shall be an affirmative defense to the offense that the ethyl alcohol was possessed or consumed by a person under twenty-one ears of age under the following circumstances: (i.) While such person was legally upon private property with the knowledge and consent of the owner or legal possessor of such private property and the ethyl alcohol was possessed or consumed with the consent of his parent or legal guardian who was present during such possession or consumption; or (ii.) The possession or consumption took place for religious purposes protected by the first amendment to the United States constitution. (c) An underage person and one or two other persons shall be immune from criminal prosecution under this section if they establish the following: (i.) One of the underage persons called 911 and reported that another underage person was in need of medical assistance due to alcohol consumption; (ii.) The underage person who called 911 and, if applicable, one or two other persons acting in concert with the underage person who called 911 provided each of their names to the 911 operator; (iii.) The underage person was the first person to make the 911 report; and (iv.) The underage person and, if applicable, one or two other persons acting in concert with the underage person who made the 911 call remained on the scene with the underage person in need of medical assistance until assistance arrived and cooperated with medical assistance and law enforcement personnel on the scene. Section 2.. Penalties. It is unlawful for any person to violate any of the provisions of this Ordinance. Every person convicted of a violation of any of the provisions of this Ordinance shall be punished by a fine not exceeding one thousand dollars or by imprisonment not exceeding one year or by both such fine and imprisonment. INTRODUCED, APPP-1Oday VED, SSED ON FIRST READING AND ORDERED POSTED the of Zgw , 2006 and a public hear g- on ,this ordinance shall be held at t4 e regular mee,' of the Town Council on the day of , 2006, at V 30 P.M. in the oun it Chambe , Avon Municipal Bui ng, 400 Benchmark Road, Avon, Colorado Mayor ATTEST: Tow Cle lc 1 ©rUl36v~. INTRODUCED ~U& APPRO D, PASSED ON SECOND READING AND ORDERED POSTED the 90/dayk altq4f-~ 20,05. Mayor Y ~?I 7"~S T wn C erk - ' APPROVED AS TO FORNI, x To A torney Ordinance No. 06-14 Possession Underage Liquors Page 2 of 2