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Home My WebLink About09245 ORDINANCE NO. 9245 AN ORDINANCE AMENDING THE GENERAL OFFENSES SECTION OF THE PUEBLO MUNICIPAL CODE TO REMEDY DIFFERENCES BETWEEN STATE AND MUNICIPAL LAW AND TO TREAT MEDICAL MARIJUANA IN THE SAME MANNER AS RETAIL MARIJUANA WHEREAS, City Council is committed to protecting the health, safety and welfare of the public; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: (brackets indicate matter being deleted, underscoring indicates new matter being added) SECTION 1. Section 11-1-301 of the Pueblo Municipal Code is hereby amended to read as follows: Sec. 11-1-301. - Battery. (a) A person commits the offense of battery in violation of this Section if he or she knowingly causes bodily injury to another person; provided, however, that this Section shall have no application where there is serious bodily injury, where a deadly weapon is \[\] seventy (70) used, where the victim is sixty (60) years of age or older, or where the victim is disabled because of the loss of or permanent loss of use of a hand or foot or because of blindness or the permanent impairment of vision in both eyes to such a degree as to constitute virtual blindness. (b) Battery is a Class 1 municipal offense. SECTION 2. Section 11-1-303 of the Pueblo Municipal Code is hereby amended to read as follows: Sec. 11-1-303. - Harassment. (a) A person commits the offense of harassment if, with intent to harass, annoy or alarm another person, he or she: (1) In a public place directs obscene language or makes an obscene gesture to or at another person; (2) Follows a person in or about a public place; (3) Initiates communication with a person, anonymously or otherwise, by telephone, telephone network, data network, text message, instant message, computer, computing network or computer system, in a manner intended to harass or threaten bodily injury or property damage, or makes any comment, request, suggestion or proposal by telephone, computer, computing network or computer system which is obscene; (4) Makes a telephone call or causes a telephone to ring repeatedly, whether or not a conversation ensues, with no purpose of legitimate conversation; (5) Makes repeated communications at inconvenient hours that invade the privacy of another and interfere in the use and enjoyment of another’s home \[\] or private residence or other private property;or (6) Repeatedly insults, taunts, challenges or communicates with another in a manner intended to cause a reasonable person to feel fear, intimidation or \[\] ; or annoyance. (7) Strikes, shoves, kicks, or otherwise touches a person or subjects him or her to physical contact. (b) As used in this Section, unless the context otherwise requires, obscene means a patently offensive description of ultimate sexual acts or solicitation to commit ultimate sexual acts, whether or not said ultimate sexual acts are normal or perverted, actual or simulated, including masturbation, cunnilingus, fellatio, anilingus or excretory functions. (c) Any act prohibited by Paragraph (a)(3) of this Section may be deemed to have occurred or to have been committed at the place at which the telephone call, electronic mail or other electronic communication was either made or received. Any acts prohibited by Paragraph (a)(4) of this Section may be deemed to have occurred or to have been committed at the place at which the telephone call was either made or received. (d) Harassment is a Class 1 municipal offense. SECTION 3. Section 11-1-407 of the Pueblo Municipal Code is hereby amended to read as follows: Sec. 11-1-407. - Theft. It shall be unlawful and a Class 2 municipal offense for any person to knowingly obtain or exercise control over any thing of value of another without authorization and with the intent to permanently deprive the other person of the use or benefit of the thing of value; provided, however, that this Section shall have no application: (1) Where the thing of value has a value of one thousand dollars ($1,000.00) or more or is intangible personal property; \[\] seventy (70) (2) Where the other person (victim) is sixty (60) years of age or older and the offense is committed in such person's presence; (3) Where the other person (victim) is disabled because of the loss of or permanent loss of use of a hand or foot or because of blindness or the permanent impairment of vision in both eyes to such a degree as to constitute virtual blindness and the offense is committed in such person's presence; or (4) Where the thing of value is a motor vehicle part which has a value of one thousand dollars ($1,000.00) or more removed from a motor vehicle during the theft. SECTION 4. Section 11-10-701 of the Pueblo Municipal Code is hereby amended to read as follows: Sec. 11-10-701. - Unlawful acts - any person. It shall be unlawfuland a Class 1 municipal offense for any person to: (1) Forge, duplicate or alter any medical marijuana card; (2) Possess, exhibit or use any medical marijuana card issued to another person, except that a primary caregiver who has received a waiver from the State authorizing him or her to purchase and transport medical marijuana to a homebound patient may possess and use the medical marijuana card of the homebound patient while purchasing and transporting medical marijuana to the homebound patient; (3) Make any false statement, written or verbal, to the Authority or to any City employee, in any investigation, inquiry, hearing, testimony, application, report or document related in any way to medical marijuana or the licensing thereof; (4) Unseal on any licensed premises any marijuana infused product; \[\] or (5) Purchase, sell, exchange or deliver any medical marijuana, marijuana plant or marijuana infused product in public, except in a licensed \[\] ; or premises. (6) Cultivate, possess, sell, transfer, give away, or dispose of marijuana unless so licensed or in the course of their municipal duties, or otherwise permitted to do so by law. An individual may be held criminally liable for violations of Chapter 10 of Title XI of the Pueblo Municipal Code even if not properly licensed hereunder. The lack of a license is not an affirmative defense. SECTION 5. The officers and staff of the City are authorized and directed to perform any and all acts consistent with this Ordinance to implement the policies and procedures described herein. SECTION 6. This Ordinance shall become effective thirty (30) days following final passage and approval. INTRODUCED February 26, 2018 BY: Ed Brown MEMBER OF CITY COUNCIL APPROVED: PRESIDENT OF CITY COUNCIL ATTESTED BY: ACTING CITY CLERK PASSED AND APPROVED: March 12, 2018 City Clerk’s Office Item # R-3 Background Paper for Proposed Ordinance COUNCIL MEETING DATE: February 26, 2018 TO: Christopher A. Nicoll and Members of City Council CC: Sam Azad, City Manager VIA: Brenda Armijo, Acting City Clerk FROM: Trevor Gloss, Assistant City Attorney SUBJECT: AN ORDINANCE AMENDING THE GENERAL OFFENSES SECTION OF THE PUEBLO MUNICIPAL CODE TO REMEDY DIFFERENCES BETWEEN STATE AND MUNICIPAL LAW AND TO TREAT MEDICAL MARIJUANA IN THE SAME MANNER AS RETAIL MARIJUANA SUMMARY: Attached for consideration is an amendment to the Pueblo Municipal Code, updating language therein to eliminate differences between State law and Municipal law. PREVIOUS COUNCIL ACTION: The “General Offenses” section of the Pueblo Municipal Code has been periodically amended in the past for clarification purposes. BACKGROUND: Having municipal offenses similar to those defined under state statute, but not exactly the same, might confuse law enforcement personnel as to when particular behavior can be prosecuted. For example, under the current Municipal Code if an offender strikes another person and causes injury to that person, the officer may choose to file the case in Municipal Court as a Battery or refer it to the State for a charge of Third Degree Assault. However, if an offender strikes another person and does not cause injury, the officer may only refer that case to the State for a charge of Harassment. It is the opinion of City staff that the Municipal Code should be amended to allow charges to be filed in Municipal Court when an assailant strikes another person without causing bodily injury. Similarly, the current Municipal Code prohibits filing of a Battery or Theft charge against an offender if the victim is over sixty (60) years of age. This was done to conform to the state statute that defines a victim over a certain age as an “at-risk adult” and elevating such a crime from a misdemeanor to a felony. The state legislature has subsequently amended the term “at-risk adult” to mean a victim over seventy (70) years of age. City Staff is recommending that the Pueblo Municipal Code be amended to bring it into conformity with State law. Finally, the Retail Marijuana Code prohibits the cultivation, possession, sale, transfer, giving away, or disposal of retail marijuana without a license, but the Medical Marijuana Code does not have a similar provision. This ordinance will cause medical marijuana to be treated in the same manner as retail marijuana, but shall continue to permit the lawful home-grow of medical marijuana. FINANCIAL IMPLICATIONS: None. BOARD/COMMISSION RECOMMENDATION: Not applicable to this Ordinance. STAKEHOLDER PROCESS: Not applicable to this Ordinance. ALTERNATIVES: If City Council does not approve this Ordinance, the Pueblo Municipal Code will not be amended to reflect the proposed changes. RECOMMENDATION: Not applicable. Attachments: Proposed Ordinance