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HomeMy WebLinkAbout08753As Amended July 14, 2014 ORDINANCE NO. 8753 AN ORDINANCE AMENDING CHAPTER 1 OF TITLE XI OF THE PUEBLO MUNICIPAL CODE TO FURTHER DEFINE PROHIBITED ACTS RELATED TO THE USE AND CONSUMPTION OF MARIJUANA AND PROVIDING PENALTIES THEREFOR BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: (brackets indicate matter being deleted, underscoring indicates new matter being added) SECTION 1. Section 11-1-608 of Chapter 1, Title 11, Pueblo Municipal Code, as amended, is hereby amended to read as follows: Sec. 11-1-608. Marijuana, prohibited acts. (a) As used in this Section, marijuana 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, manufacture, sale, derivative, mixture, or preparation of the pant, its seeds or resin, including marijuana concentrate. This term shall 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. As used in this Section, marijuana products means concentrated marijuana products and marijuana products that are comprised of marijuana and other ingredients and are intended for use and consumption, such as, but not limited to, edible products, ointments and tinctures. (b) It shall be unlawful and a Class I municipal offense for any person to smoke, consume or use marijuana or marijuana products openly and publicly or in a manner that endangers others. (1) The term “openly” means occurring or existing in a manner that is unconcealed, undisguised, or obvious. (2) The term “publicly” means: a. Occurring or existing in a public place; b. Occurring or existing in any place that is commonly or usually open or accessible by the general public; or c. Occurring or existing in any outdoor location where the consumption of marijuana is clearly observable from a public place. (3) The term “public place” means a place to which the public or a substantial number of the public have access, and includes, but is not limited to, parks, playgrounds, open space areas, trails, paths, sidewalks, streets, highways, and public right-of-ways, public buildings, transportation facilities, schools, places of amusement, mercantile establishments, shopping centers, places of business usually open to the general public, the common areas of any public or private buildings or facilities, parking lots, and vehicles in or upon such places. (c) It shall not be an offense under subsection (b) of this section if the consumption of marijuana is occurring on private residential property and the person consuming the marijuana is: (1) An owner of the property; or (2) A person who has a leasehold interest in the property; or (3) Any other person who has been granted express or implied permission to consume marijuana on the property by the owner or the lessee of the property. (4) Anyone who is consuming marijuana pursuant to this subsection (c) on property zoned for single-family detached homes, duplexes and townhomes must be at least twenty-five (25) feet away from the front property line, and ten (10) feet away from any side or rear property line that is adjacent to a public place. In the event that the front of the single-family detached home, duplex or townhome is closer than twenty- five (25) feet to the front property line, the person consuming marijuana pursuant to this subsection (c) must be at least the distance of the permitted front yard setback back from the front property line but in no event, may the person be closer than five (5) feet to the front property line; (d) It shall be unlawful and a Class 1 municipal offense for any person to produce, manufacture, or process marijuana or marijuana products with the use of chemicals for the purposes of enhancing , concentrating, or extracting tetrahydrocannabinol (THC) or any alkaloid, salt, derivative, preparation, compound, or mixture, whether natural or synthesized, of tetrahydrocannabinol, including but not limited to hash oil. \[\] e (c) It shall be unlawful and a Class 1 municipal offense for any person under twenty-one (21) years of age to possess, smoke, consume or use marijuana or \[\] e marijuana products; provided, however, this Subsection (c) shall not apply to any person licensed or authorized to possess or use marijuana or marijuana products pursuant to the laws of Colorado or the United states while possessing or using same in accordance with the requirements and limitations of such license or authorization. \[\] f (d) It shall be unlawful and a Class 1 municipal offense for any person twenty- one (21) years of age or older to possess more than one (1) ounce of marijuana; \[\] f provided, however, this Subsection (d) shall not apply to any person licensed or authorized to possess marijuana pursuant to the laws of Colorado or the United States while possessing same in accordance with the requirements and limitations of such license or authorization. SECTION 2. Any person who violates Section 11-1-608 of the Pueblo Municipal Code as amended hereby or violates this Ordinance as related thereto, shall be guilty of a municipal offense and shall be punished as provided by Section 11-1-608(b-f) and Section 11-1-103(b), Pueblo Municipal Code, as amended. SECTION 3. The officers of the City are directed and authorized to perform any and all acts consistent with the intent of this Ordinance and to effectuate the policies and procedures described herein. SECTION 4. This Ordinance shall become effective upon final passage and approval. INTRODUCED: June 23, 2014 BY: Chris Kaufman COUNCILPERSON PASSED AND APPROVED: July 14, 2014 City Clerk’s Office Item # R-3 Background Paper for Proposed Ordinance COUNCIL MEETING DATE: June 23, 2014 TO: President Sandra K. Daff and Members of City Council CC: Sam Azad, City Manager VIA: Gina Dutcher, City Clerk FROM: Luis Velez, Police Chief, Pueblo Police Department Daniel C. Kogovsek, City Attorney, Law Department SUBJECT: AN ORDINANCE AMENDING CHAPTER 1 OF TITLE XI OF THE PUEBLO MUNICIPAL CODE TO FURTHER DEFINE PROHIBITED ACTS RELATED TO THE USE AND CONSUMPTION OF MARIJUANA AND PROVIDING PENALTIES THEREFOR SUMMARY: Attached is a proposed Ordinance meant to further define the prohibited acts related to marijuana use and consumption. PREVIOUS COUNCIL ACTION: On May 28, 2013, City Council passed and approved Ordinance No. 8592 amending Chapter 1 of Title XI to allow for the recreational use and consumption of marijuana provided the use and consumption is not open and public or does not endanger others pursuant to Amendment 64. On May 27, 2014, City Council directed the Law Department to draft an ordinance amending Chapter 1 of Title XI to more clearly define “open and public.” BACKGROUND: The Pueblo Municipal Code provides that it is unlawful for any person to smoke, consume or use marijuana or marijuana products openly and publicly or in a manner that endangers others. However, the Pueblo Municipal Code does not define “open and public” and there is some ambiguity as to the definition of “open and public” as it relates to private residential properties. On May 27, 2014, the Law Department made a presentation to City Council outlining the competing interests implicated by this issue. The presentation also addressed the concerns about the interpretation of “open and public” raised by City Council during previous meetings. Finally, the Law Department advised City Council of the various definitions of “open and public” used by different cities throughout the state. Upon conclusion of the presentation, City Council directed the Law Department to draft an ordinance with a proposed definition. FINANCIAL IMPLICATIONS: There are no financial implications for the City. BOARD/COMMISSION RECOMMENDATION: Not applicable. STAKEHOLDER PROCESS: Not applicable. ALTERNATIVES: Council can refuse to approve the proposed Ordinance. If the proposed Ordinance is not approved, the language of the Ordinance will remain as it is currently and the ambiguity with regard to the meaning of “open and public” will remain. Council may amend the proposed Ordinance to define “open and public” in a way it believes better balances the competing interests involved for the benefit of the community as a whole. RECOMMENDATION: The Police and Law Departments recommend approval of this Ordinance. Attachments: None.