HomeMy WebLinkAboutORDINANCE 19-03o C
ORDINANCE NO.19-03
AN ORDINANCE AMENDING SECTION 9.28.100
OF THE MUNICIPAL CODE OF THE TOWN OF ESTES PARK
AS THE SAME RELATES TO MARIHUANA
AND THE ADDITION OF SECTION 9.28.150 WITH REGARD TO
SENTENCING FOR POSSESSION OF MARIJUANA
BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES
PARK,COLORADO:
Section 1:Section 9.28.100 of the Municipal Code of the Town of Estes Park
shall be amended to read as follows:
9.28.100 Possession or use of Marihuana
(a.)It is unlawful for any person to possess less than one (1)ounce of
marihuana or marijuana concentrate.
(b.)It is unlawful for any person to openly and publicly display,consume or
use not more than one ounce of marijuana or marijuana concentrate.
(c.)Marihuana or marUuana means all parts of the plant Cannabis sat/va L.,
whether growing or not,the seeds,the resin extracted from any part of the
plant,and every compound,manufacture,salt,derivative,mixture or
preparation of the plant,its seeds or its resin.It does not include fiber
produced from the stalks,oil or cake made from the seeds of the plant,or
sterilized seed of the plant which is incapable of germination,if these
items exist apart from any other item defined as marihuana.Marihuana
does not include marihuana concentrate as defined in this Section.
(d.)Marihuana concentrate means hashish,tetrahydrocannabinols,or any
alkaloid,salt,derivative,preparation,compound or mixture,whether
natural or synthesized,of tetrahydrocannabinols.
(e.)A person may possess,display,consume or use marihuana or marijuana
concentrate if said person is or under the direction of a person licensed or
authorized by law to prescribe,administer or dispense marihuana or
marijuana concentrate for bonafide medical needs.
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Section 2 Section 9.28 of the Municipal Code is amended by the addition of
Section 9.28.150 Sentencing to read as follows:
9.28.150 Sentencing
(a.)Immediately upon a plea of guilty or no contest (except when such a plea
is entered in conjunction with a deferred sentence),or a verdict of guilty by
the court or jury,to a violation of Section 9.28.100 (a.)or (b.),by a minor
driver in addition to any other penalty,the court shall require the offender
to immediately surrender his or her 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 minor driver to fail to surrender his or her license to
the court within three (3)days of his or her plea of guilty or no contest,or
verdict of guilty to a violation of Section 9.28.100 (a.)or (b.).
(c.)The court may,in its discretion and as part of the sentence to be imposed,
require a person convicted of violating any portion of this Chapter to
complete court-approved public service in an amount to be set by the
court
Section 3.This Ordinance shall take effect and be enforced thirty (30)days
after its adoption and publication.
PASSED AND ADOPTED BY THE BOARD OF TRUSTEES OF THE TOWN OF
ESTES PARK,COLORADO,THIS is4’DAY OFd1U-n<ALfJ
2003.
TOWN OF ESTES PARK
ATTEST:
C
Town Clerk
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I hereby certify that the above Ordinance was introduced and read at a regular
meeting of the Board of Trustees on the%S day of “1tc51Ltic4tt),2003
and published in a n,wspaper of general circuLation in the Town of Estes Park,
Colorado,on the 5’day of ,2003,all as required by
the Statutes of the State of Colorado.
Vickie O’Connor,Town Clerk
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