HomeMy WebLinkAbout07276ORDINANCE NO. 7276
AN ORDINANCE AMENDING CHAPTER 1 OF TITLE XI OF THE PUEBLO MUNICIPAL CODE BY
THE ADDITION OF SECTION 609 RELATING TO AND PROHIBITING THE POSSESSION OF
DRUG PARAPHERNALIA AND PROVIDING PENALTIES FOR VIOLATION THEREOF
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: (brackets indicate matter
deleted, underscoring indicates matter added)
SECTION 1
The City Council hereby finds and declares (1) the possession of drug paraphernalia results
in the legitimization and encouragement of the illegal use of controlled substances, (2) such effect
is particularly true in the City and especially with respect to the juvenile population which resides
within the City, (3) the possession of drug paraphernalia within the City is a matter of local concern,
the enforcement of which can be more effectively addressed and accomplished by prosecution
under City ordinance through the Municipal Court, and (4) this Ordinance is necessary to protect
and promote the public peace, health, safety and welfare of the City and it inhabitants.
SECTION 2.
Chapter 1 of Title XI of the Pueblo Municipal Code is amended by the addition of a new
section 609 read as follows:
Sec. 11 -1 -609. Possession of drug paraphernalia.
(a) Definition. As used in this section, druq paraphernalia means all equipment,
products, and materials of any kind which are used, intended for use, or designed for use in
planting, propagating, cultivating, growing, harvesting, manufacturing, compounding,
converting, producing, processing, preparing, testing, analyzing, packaging, repackaging,
storing, containing, concealing, infecting, ingesting, inhaling, or otherwise introducing into
the human body a controlled substance in violation of the laws of the State of Colorado.
Drug paraphernalia includes, but is not limited to:
(1) Testing equipment used, intended for use, or designed for use in
identifying or in analyzing the strength, effectiveness, or purity of controlled
substances under circumstances in violation of the laws of the State of Colorado:
Scales and balances used, intended for use, or designed for use in
weighing or measuring controlled substances;
Separation gins and sifters used, intended for use, or designed for
use in removing twigs and seeds from or in otherwise cleaning or refining marijuana;
Blenders, bowls, containers, spoons, and mixing devices used,
intended for use, or designed for use in compounding controlled substances;
Capsules, balloons, envelopes, and other containers used, intended
for use, or designed for use in packaging small quantities of controlled substances;
Containers and other objects used, intended for use, or designed for
use in storing or concealing controlled substances; or
M Objects used, intended for use, or designed for use in ingesting,
inhaling, or otherwise introducing marihuana, cocaine, hashish, or hashish oil into
the human body, such as:
a. Metal, wooden, acrylic, glass, stone, plastic, or ceramic pipes
with or without screens, permanent screens, hashish heads, or punctured
metal bowls;
b. Water pipes;
C. Carburetion tubes and devices;
d. Smoking and carburetion masks;
e. Roach clips, meaning objects used to hold burning material,
such as a marijuana cigarette that has become too small or too short to be
held in the hand;
f. Miniature cocaine
s and cocaine vials:
g_ Chamber pipes;
h. Carburetor pipes;
i. Electric pipes;
L Air - driven pipes;
k. Chillums;
I. Bongs; or
M. Ice pipes or chillers.
Evidentiary consideration.
In determining whether an object is drug paraphernalia, a court, in its
discretion. may consider. in addition to all other relevant factors. the followina:
a. Statements by an owner or by anyone in control of the object
concerning its use;
b. The proximity of the object to controlled substances;
C. The existence of any residue of controlled substances on the
object; —
d. Instructions, oral or written, provided with the object
concernina its use:
e. Descriptive materials accompanying the object, which explain
or depict its use;
f. The existence and scope of legal uses for the object in the
commoditv: and
g_ Expert testimony concerning its use.
In the event a case brought pursuant to this section is tried before a
jury, the Court shall hold an evidentiary hearing on issues raised pursuant to this
section. Such hearina shall be conducted in camera.
(c) Possession prohibited. It is unlawful and a Class 2 municipal offense for any
person to possess drug paraphernalia when said person knows or reasonably should know
that the drug paraphernalia could be used under circumstances in violation of the laws of
the State of Colorado.
SECTION 3.
This Ordinance shall become effective upon final passage and approval.
INTRODUCED February 14. 2005
BY Michael Occhiato
Councilperson
APPROVED:
PR EN CITY C IL
ATTESTED BY: 1
CITY CLERK
PASSED AND APPROVED February 28, 2005
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Background Paper for Proposed
ORDINANCE
AGENDA ITEM # 2 �
DATE: FEBRUARY 14, 2005
DEPARTMENT: POLICE DEPARTMENT
CHIEF JAMES W. BILLINGS, JR.
TITLE
AN ORDINANCE AMENDING CHAPTER 1 OF TITLE XI OF THE PUEBLO
MUNICIPAL CODE BY THE ADDITION OF SECTION 609 RELATING TO AND
PROHIBITING THE POSSESSION OF DRUG PARAPHERNALIA AND
PROVIDING PENALTIES FOR VIOLATION THEREOF
ISSUE
Should the City Council pass and approve the proposed Ordinance, which makes
it a Class 2 municipal offense to possess drug paraphernalia?
RECOMMENDATION
City Council should pass and approve the proposed Ordinance.
BACKGROUND
Currently, the possession of drug paraphernalia is prohibited under state statute,
the violation of which constitutes a petty offense. Given the more serious
offenses prosecuted by and limited resources available to the District Attorney's
Office the enforcement of the statutory prohibition cannot, as a practical matter,
always be a priority. As a local matter, however, the possession of such
paraphernalia, especially by juveniles, is a growing concern, which needs to be
addressed. The proposed Ordinance makes it a municipal offense, prosecuted
in and punishable through the Municipal Court, to possess drug paraphernalia.
By enacting this Ordinance, the City will be able to take a more active role in
addressing this problem.
FINANCIAL IMPACT
Municipal Court fines will be increased.