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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 ED c� ID a v #�27& �J t� 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.