HomeMy WebLinkAboutORDINANCE 12-13C 0
ORDINANCE NO.12-13
AN ORDINANCE OF THE TOWN OF ESTES PARK AMENDING CHAPTER 9.28 TO
THE ESTES PARK MUNICIPAL CODE WITH REGARD TO MARIJUANA
POSSESSION OR USE AND MARIJUANA PARAPHERNALIA IN ACCORDANCE
WITH ARTICLE XVIII,SECTION 16 OF THE COLORADO CONSTITUTION.
WHEREAS,Colorado voters approved an amendment to the Colorado
Constitution known as Amendment No.64 codified as Article XVIII,Section 16 of the
Colorado Constitution;and
WHEREAS,Article XVIII,Section 16 of the Colorado Constitution permits adults
twenty-one (21)years or older to use,possess and cultivate limited amounts of
marijuana pursuant to the restrictions contained therein;and
WHEREAS,pursuant to Article XVIII,Section 16 of the Colorado Constitution
drug paraphernalia does not include any marijuana accessories as defined in said
Section if possessed or used by a person twenty-one (21)years or older;and
WHEREAS,the Board of Trustees finds and determines it necessary to amend
Chapter 9.28 of the Municipal Code relating to possession and use of marijuana and
drug paraphernalia.
NOW,THEREFORE,BE IT ORDAINED BY THE BOARD OF TRUSTEES OF
THE TOWN OF ESTES PARK,COLORADO AS FOLLOWS:
1.Chapter 9.28 of the Municipal Code shall be amended to read as follows:
Section 9.28.020 (2)shall be amended by the addition of the following sentence.
Drug paraphernalia shall not include marijuana accessories as defined in
Article XVIII,Section 16 (2)(g)of the Colorado Constitution if possessed or
used by a person twenty-one (21)years or older.
Section 9.28.100 Possession or use of mariiuana shall be amended to read as
follows:
(a)Marijuana shall have the same meaning as defined in Article XVIII,
Section 16 (2)(f)of the Colorado Constitution.
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(b)It is unlawful for any person under the age of twenty-one (21)years to
possess two (2)ounces or less of marijuana.
(c)It is unlawful for any person twenty-one years or older to possess more
than one (1)ounce but less than two (2)ounces of marijuana.
(d)It is unlawful for any person twenty-one (21)years or older to openly
and publicly display,consume or use marijuana.
(e)As used in this Section,“openly and publicly”means a place open to
the general public which includes a place to which the public or
substantial members of the public have access without restriction
including,but not limited to,streets,highways,public sidewalks,
parking lots,transportation facilities,places of amusement,parks,
playgrounds,Town owned open space,common open space owned
by homeowners associations,common areas of public buildings and
facilities and commercial and industrial buildings and facilities that are
open or accessible to members of the general public.
2.The Ordinance shall take effect and be in force 30 days after its adoption and
publication.
PASSED AND ADOPTED by the Board of Trustees of the Town of Estes Park,
Colorado this lTh”day of
_____________________
2013.
TOW FESTEPKRK )
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ToClerk
ATTEST:
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I hereby certify that the above ordinance was introduced and read at a meeting of
the Board of Trustees on the —day of ccsr ,2013 and
published in a newspaper of general publication in the Town of Estes Park,Colorado,
on the tD”day of ,p(0O5-C 2013.
0Toj Clerk
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