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HomeMy WebLinkAboutPACKET Public Safety 1993-11-18[ PUBLIC SAFETY AGENDA PACKETS - 1988 & 1991 - 1993 - . . m . . ; INA I N PUBLIC SAFETY COMMITTEE November 18, 1993 10:00 A.M. POLICE DEPARTMENT 1. Beaver Point Parking 2. Underaged Alcohol Possession Ordinance 3. Christmas Parade Permit FIRE DEPARTMENT 1. Nothing this month REPORTS 1. Monthly 2. Correspondence Summary * The committee reserves the right to consider other appropriate business not available at the time the agenda was prepared. SENT WY:HAMMOND CLARK WH IT ;10-25-93 3:47PM ; 66993801 303 586 4496; # 2 ORDINANCE NO. AN ORDINANCE ADDING CHAPTER 9.20 TO THE MUNICIPAL CODE OF THE TOWN OF ESTES PARK WHEREAS, the Board of Trustees of the Town of Estes Park has determined that it is necessary to add a new Chapter 9.20 to the Municipal Code of the Town of Estes Park. BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO. Section 1. The Municipal Code of the Town of Estes Park is amended by the addition of Chapter 9.20 as follows: 9.20.010 Underage Possession and Consumption Of Ethyl Alcohol. A. It is unlawful for any person under twenty-one (21) years of age to: 1. Obtain or attempt to obtain any ethyl alcohol by misrepresentation of age or by any other method in any place where ethyl alcohol is sold; or 2. Possess any ethyl alcohol in any store, in any public place, including public streets, alleys, roads or highways or upon property owned by the State of Colorado or any subdivision thereof, or inside vehicles while upon the public streets, alleys, roads or highways; or 3. Possess any ethyl alcohol anywhere in the Town of Estes Park, Colorado, other than those locations specified in subsection A. 2. of this section; or 4. Consume ethyl alcohol anywhere in the Town of Estes Park, Colorado. 9.20.020 Violations and Defenses. A. Violation of any provision of subsection A of Section 9.20.010 shall be a strict liability offense. It shall be an affirmative defense to the offenses described in subsection A. 2 through A. 4 of Section 9.20.010, above that the ethyl alcohol was possessed or consumed by a person under twnety-one years of age under the following circumstances: 1. While such person was legally upon private property with the knowledge and the 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 SENT BY:HAMMOND CLARK WHIT ;10-25-93 3:48PM ; 66993804 303 586 4496; 0 3 . 2. When the existence of ethyl alcohol in a person's body was due solely to the ingestion of a confectionery which contained ethyl alcohol within the limits prescribed by Section 25-5-410(1) (i) (II), C.R.S. or the ingestion of any substance which was manufactured, designed or intended primarily for a purpose other than oral human ingestion, or the ingestion of any substance which was manufactured, designed or intended solely for medicinal or hygienic purposes, or solely from the ingestion of a beverage which contained less than one-half of one percent of ethyl alcohol by weight; 3. The possession or consumption takes place for religious purposes protected by the First Amendment to the United States Constitution. g.20.030 Evidence. A. Prima facie evidence of the violation of 9.20.010 of this section shall consist of: 1. Evidence that the defendant was under the age of twenty-one (21) years and possessed or consumed ethyl alcohol anywhere in the Town of Estes Park, Colorado; or 2. Evidence that the defendant was under the age of twenty-one and manifested any of the characteristics commonly as5ociated with ethyl alcohol intoxication or impairment while present anywhere in the Town of Estes Park, Colorado. B. During any trial for a violation of a provision of this chapter, any bottle, can or any other container with labeling indicating the contents of such bottle, can or container shall be admissible into evidence, and the information contained on any label on such bottle, can or other container shall be admissible into evidence and shall not constitute hearsay. The fact finder may consider the information upon such label in determining whether the contents of the bottle, can or other container were composed in whole or in part of ethyl alcohol. A label which identifies the contents of any bottle, can or other container as " "ale, 11 "malt beverage," "fermented malt beverage," malt n beer, 0 liquor, "w ine, " "champagne," "whiskey, " "gin," "rum," "armangnac," "vodka," "tequila," "schnapps," "brandy," "cognac," "liqueur," "cordial," "alcohol" or "liquor" shall constitute prima facie evidence that the contents of the bottle, can or other container was composed in whole or in part of ethyl alcohol. 9.20.040 Definitions. As used in this section, unless the context other requires: A. "Ethyl alcohol" means any substance which is or contains ethyl alcohol and includes fermented malt beverage, malt liquor, vinous liquor and spirituous liquor as defined in the Colorado Beer Code and Colorado Liquor Code. -2- SENT BY:HAMMOND CLARK WHIT ;10-25-93 3:49PM ; 66993800 303 586 4496; N 4 4 . 'n rl B. "Possession of ethyl alcohol" means that a person has or holds any amount of ethyl alcohol anywhere on his person, or that a person owns or has custody of ethyl alcohol, or has ethyl alcohol within his immediate presence and control. C. "Private property" means any dwelling and its curtilage which is being used by a natural person or natural persons for habitation which is not open to the public, and privately owned real property which is not open to the public. Private property shall not include any establishment which has or is required to have a license pursuant to Article 46, 47 or 48 of Title 12, C.R.S., or any establishment which sells ethyl alcohol or upon which ethyl alcohol is sold or any establishment which leases, rents or provides accommodations to members of the public generally. 9.20.050 Sentencing. A. Immediately upon a plea of guilty or no contest (except when such plea is entered in conjunction with a deferred sentence), or a verdict of guilty by the court or jury, to a violation of subsections A. 1. or A. 2. of Section 9.20.010, in addition to any other penalty, the Court shall require the offender to immediately surrender his driver's, minor driver's, or provisional driver's license, to the Court. The Court shall forward to the Colorado Department of Revenue a notice of conviction, together with the offender's license, not later than ten (10) days after the conviction becomes final. B. It is unlawful for any person to fail to surrender his license to the Court within three (3) days of his plea of guilty or no contest, or verdict of guilty to a violation of subsection A.1. or A.2. of Section 9.20.010. C. It is unlawful for the parent, guardian or other adult person having the duty of care and Cuetody of a minor under the age of eighteen (18) years to knowingly allow or permit such minor to violate subsection A of Section 9.20.010. Section 2. This Ordinance shall take effect and be in force thirty days after its adoption and subsequent publication. PASSED AND ADOPTED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO THIS .-__ DAY OF MARCH, 1993. TOWN OF ESTES PARK, By: Mayor ATTEST: Town Clerk SENT BY:HAMMOND CLARK WHIT ;10-25-93 3:49PM ; 6699380-9 303 586 4496;# 5 f"t I hereby certify that the above Ordinance was introduced and read at a meeting of the Board of Trustees on the day of March, 1993, and published in a newspaper of general circulation in the Town of Estes Park, Colorado on the day of March, 1993. Town Clerk -4- APPLICATION (Please type or print all information) DATE OF REQUEST: _..1-/_1Q/__9.3 TYPE OF EVENT (Check the applicable one): ATHLETIC ___ SPECIAL --X BRIEF DESCRIPTION (Foot Race, Parade, etc) Christmas Parade ORGANIZATION INFORMATION ORGANIZATION NAME: Town of Estes Park ADDRESS: Special Events Department CITY & STATE: PHONE: L--) CONTACT PERSON: Bob Scott TITLE· Director PHONE: -)· 6104 Connie Boschen - Parade Director 0144 DESCRIPTION OF THE EVENT DATECS): Beginning: -117.2.LLEU_ TIME: Beginning: 5:30 AM. PMXX Ending: 11/ 26 / 93 Ending: 7:00 AM - PM _RX NOTE: If times will vary on subsequent days attach explanation. LOCATION: (State Highway and Mileage) West Elkhorn and Spruce Street East on Elkhorn to Hwy 34 to Chamber of Commerce Area PROPOSED DETOUR(S): DESCRIBE THE NECESSITY OF HAVING THE EVENT ON A HIGHWAY: Permit to include tractor/wagon (2) loading at the Transit Center and traveling Elkhorn to Spruce and back to Transit Center for unloading. DESCRIPTION OF EVENT IN DETAIL (include number of participants, description of the activity to be conducted on the highway, number and type of animals, description of any vehicle or materials to be used Use additional sheets if necessary. Attach a map): The undersigned hereby agrees to pay the total actual cost to the State Patrol and the Department ol Highways for conducting any highway closures related to the event described herein and to submit payment in advance for the estimated cost of such closures and to pay for and provide liability insurance in an amount to be determined by the Chief of the State Patrol The under- signed understands that any costs in excess of the estimated cost must be paid to the Colorado State Patrol following the event and that il the estimated cost exceeds the actual cost, the balance will be relunded. 1, the undersianed. lurttier)cecHCk that the statements contained herein or attached hereto are true, accurate, and complete to the ~01 146 */9,1. p n J c 6~J%,r, ~*1; ~too, 9~ .4 Cy ORA*mbvt,ON - - 24#0*,a ' SIGNATURE * DATE f 9 ~i 1 4 . 3 1 /$444) N 2 5 2 4 -u 2 2 ' 0 Ptl D C -10 = 0 acc) 0 •r Im ¢J CO C -O • C •O CO . 4 6 LA U Al- 0 O W OCWN U +J •r- W 3 >,05 e fo# 0, mt-'LA C 0 .p C) O •r- -* *--7 318 2-9 : . w O MZ> O' 41.- M 4 ¢0 0, < O-Owl- r- >,z = w 00 OW CO . 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ELIC .Mot.1 A- 9 ,-====5'' .Hidden Ville: •Motel Am 1» # C ' /~9£25gp-9 10\--ht!*2\-4.3, 0«» % Qi 0 4-04 1 ©~3_1 00 /0 44 *Urti :%61- / if wri' b i i sati#A.E.'ll'* - , 1/ h / P © 31£2 :42<w \2:k=>, 6. ~tile h. 9 / 11% /0 0 /-\--43*44€k Per 4 g« / / 4.111\ c 4 -- ' ~ M 1,/LO Cy~>i\ £27 0. $6-4- *9 0 zz*, ~9~~ , 1§946=9=* -' ......' - 0 1...... 0- ~ 0 Ch ~w---n ~ 91 . \ 0-. . 1 ~f <32{3%f .------% i -- J o\. /1--.-~\ · - -h t=L rjEE# 1 1 I lf-1 gl 7/ f - ~ 17=I F . li • m:11#mr~sim==1.. PUOUC PARKING 1¢f»Et W J MUNICIPAL PARKS | 4 1*1 COMMERCIAL DISTRICT n.*10) Ic-) 1 U Ed:2 , , ~~4 PEOESTRIAN BRIDGE 12? ..~Ir ' 111!J PUOUC RESTROOUS 04 I ht ' /211==8 ~I>-2-x - . 0 - PICNIC ABEA 1 la rai V 4 lt) puouc p,IoNE \ 1 4 . \\\Li /' \21 Ven#4444< C i Estes Park Police> Department Summary Report 1st 2nd 3rd 1993 1992 Description Ortr Ortr Qrtr =12 YTD 1993 1993 1993 Traffic: MVA/Injury 3 5 14 22 17 MVA/Prop Dmg 33 53 84 170 232 Citations 52 88 73 213 218 Warnings 154 140 57 351 455 Reported Offenses: Criminal 110 166 159 · 435 578 Drugs/Alcohol 18 33 56 107 63 Juvenile 24 52 58 134 143 Domestic Viol 9 8 11 28 37 Animal 81 127 185 393 498 Arrests: Warrant 20 29 32 81 116 Detention Ctr 25 27 23 75 185 Other Service 310 553 609 1472 2433 Calls: Totals: 839 1281 1361 3481 4634 A I \4 . .. CORRESPONDENCE SUMMARY September 26, 1993 - November 3, 1993 September 26, 1993 - Letter from Roberta Kice reference parking at Lake Terrace Resort. She feels this is a potentially dangerous area for pedestrians. October 4, 1993 - Letter from Jim and Jane Marks commending Lt. Filsinger for his assistance in finding a rare and valuable photographic lens which they had lost. October 12, 1993 - Letter from Jim Pearson commending Detective Repola for his sensitivity and intelligence with children. November 3, 1993 - Letter & Newsclipping from L.E.T.A. reference pros and cons of Emergency Medical Dispatching. * Copies of letters are available through the Secretary at the Estes Park Police Department. -p Al -- - FfL (-,1 141 1 ,4 0 Alv G -1.- - -* .-1--- -- - 79 ·'/Of»4 -- --- - cffphu 2 61 6¥h*1-14 r 8 1.-- LA A€- -- 1 Af, 1 - - -- 9246 aRCL €112| . --- - ------ F -- 4941-4 «4-e. LE[ AA I ga.- -- 1 _P_t~~30-16«~:, #9 +h o·<1.14L 1 //993 -- - -- f -