Ordinance NO. 2013-2

BEFORE THE TOWN COUNCIL
TOWN OF MOUNTAIN VIEW
STATE OF COLORADO

ORDINANCE NO. 2013-2

TITLE: AN ORDINANCE AMENDING SECTION 10-6-30 OF THE MOUNTAIN VIEW MUNICIPAL CODE REGARDING THE PERSONAL USE OF MARIJUANA PURSUANT TO ARTICLE XVIII, SECTION 16, OF THE COLORADO CONSTITUTION

NOW THE COUNCIL OF THE TOWN OF MOUNTAIN VIEW, COLORADO, ORDAINS THAT:

Section I. Section 10-6-30 of the Town of Mountain View Municipal Code is amended to read as follows, with new language appearing in ALL CAPS, and deleted language appearing in strikethrough:

Section 10-6-30. Possession of marijuana.

(a) For the purposes of this Section, the therm marijuana shall include all parts of the plant Cannabis Sativa L., whether growing or not; the seed thereof; the resin extracted from any part of such plant; and every compound, manufacture, salt derivative, mixture or preparation of such plant, its seeds or resin, but shall not include the mature stalks of such plant, fiber produced from its stalks, oil or cake, or the sterilized seed of hashish, tetrahydrocannabinols, or any alkaloid salt derivative, preparation, compound or mixture, whether natural or synthesized or tetrahydrocannabinols, FOR THE PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:

“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, SALT, DERIVATIVE, MIXTURE, OR PREPARATION OF THE PLANT, ITS SEEDS, OR ITS RESIN, INCLUDING MARIJUANA CONCENTRATE. “MARIJUANA”DOES 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 MARIWANA TO PREPARE TOPICAL OR ORAL ADMINISTRATIONS, FOOD, DRINK, OR OTHER PRODUCT.

“PUBLIC PLACE” MEANS A PLACE TO WHICH THE ┬ĚPUBLIC OR A SUBSTANTIAL NUMBER OF THE PUBLIC HAS ACCESS, AND INCLUDES BUT IS NOT LIMITED TO HIGHWAYS, STREETS, SIDEWALKS, TRANSPORTATION FACILITIES, SCHOOLS, PLACES OF AMUSEMENT, PARKS, PLAYGROUNDS AND THE COMMON AREAS OF PUBLIC AND PRIV A TE BUILDINGS AND FACILITIES.

(b) It is unlawful FOR ANY PERSON to possess, consume or use ONE (1) two (2) ounces or less MORE of marijuana or marijuana concentrate; and upon conviction thereof, or plea of guilty or no contest thereto, punishment shall not be by

imprisonment, but shall be by a fine of not more than one hundred dollars ($100.00).

(c) It is unlawful to openly and publicly display, consume or use two (2) ounces or less of marijuana or marijuana concentrate; IT IS UNLAWFUL FOR ANY PERSON TO DISPLAY, CONSUME OR USE MARIJUANA IN ANY PUBLIC PLACE, UPON PROPERTY OWNED, OPERATED, LEASED OR MAINTAINED BY THE STATE OR ANY POLITICAL SUBDIVISION OR AGENCY THEREOF, OR UPON PROPERTY OWNED, OPERATED, LEASED OR MAINTAINED BY THE TOWN; and upon conviction thereof, or a plea of guilty or no contest thereto, punishment shall be by a fine of one hundred dollars ($100.00), and by imprisonment not exceeding fifteen (15) days.

(d) It shall be unlawful to transfer or dispense two (2) ounces or less of marijuana to another person for no consideration, and upon conviction thereof, or plea of guilty or no contest thereto, punishment shall not be by imprisonment, but shall be by a fine of not more than one hundred dollars ($100.00).

(d) IT IS UNLAWFUL FOR ANY PERSON TO POSSESS, GROW, PROCESS OR TRANSPORT MORE THAN SIX (6) MARIJUANA PLANTS, WITH THREE (3) OR FEWER BEING MATURE, FLOWERING PLANTS. A PERSON MAY POSSESS THE MARIJUANA PRODUCED BY THESE PLANTS, PROVIDED THAT SUCH POSSESSION IS LIMITED TO PREMISES WHERE THE PLANTS WERE GROWN AND FURTHER PROVIDED THAT THE GROWING TAKES PLACE IN AN ENCLOSED LOCKED SPACE AND IS NOT CONDUCTED OPENLY OR PUBLICLY OR MADE AVAILABLE FOR SALE.

(e) THE PROVISIONS OF THIS SECTION SHALL NOT APPLY TO ANY PERSON WHO POSSESSES OR USES MARIJUANA PURSUANT TO THE DANGEROUS DRUGS THERAPEUTIC RESEARCH ACT.

(f) THE PROVISIONS OF TIDS SECTION SHALL NOT APPLY TO THE PERSONAL USE OF MARIJUANA AND MARIJUANA ACCESSORIES BY ANY PERSON THAT IS TWENTY-ONE YEARS OF AGE OR OLDER TO THE EXTENT PROVIDED BY ARTICLE XVIII, SECTION 16(3) OF THE COLORADO CONSTITUTION.

(1) THE PERSONAL USE OF MARIJUANA AND MARIJUANA ACCESSORIES PURSUANT TO ARTICLE XVIII, SECTION 16(3) OF THE COLORADO CONSTITUTION SHALL NOT INCLUDE OPENLY OR PUBLICLY CONSUMING OR GROWING MARIJUANA OR CONSUMING MARIJUANA IN A MANNER THAT ENDANGERS OTHERS.

(2) FOR PURPOSES OF THIS SECTION, THE TERM “OPENLY AND PUBLICLY” MEANS THE CONSUMPTION OR GROWING OF MARIJUANA IN A PLACE COMMONLY OR USUALLY OPEN TO OR ACCESSIBLE BY THE GENERAL PUBLIC, OR TO WHICH MEMBERS OF THE GENERAL PUBLIC MAY RESORT, INCLUDING WITHOUT LIMITATION PUBLIC WAYS, STREETS, SIDEWALKS, ALLEYS, BICYCLE PATHS, TRAILS, PUBLIC BUILDINGS, PARKS, OPEN SPACES, PARKING LOTS, SHOPPING CENTERS, PLACES OF BUSINESS USUALLY OPEN TO THE GENERAL PUBLIC, AND AUTOMOBILES OR OTHER VEHICLES IN OR UPON ANY SUCH PLACE OR PLACES, BUT EXCLUDING THE INTERIOR OR ENCLOSED YARD AREA OF PRIVATE HOMES, RESIDENCES, CONDOMINIUMS OR APARTMENTS. FOR PURPOSES OF THIS SECTION, “OPENLY OR PUBLICLY” EXPRESSLY INCLUDES THE CONSUMPTION OR GROWING OF MARIJUANA IN ANY PLACE NOT USED FOR RESIDENTIAL PURPOSES WHERE INDIVIDUALS GATHER TO CONSUME OR GROW MARIJUANA, REGARDLESS OF WHETHER SUCH PLACE CALLS ITSELF PRIV A TE OR PUBLIC OR CHARGES AN ADMISSION OR MEMBERSHIP FEE.

Section 2. Safety Clause. The Town Council hereby finds, determines and declares that this Ordinance is promulgated under the general police power of the Town of Mountain View, that it is promulgated for the health, safety and welfare of the public and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The Town Council further detennines that this Ordinance bears a rationalrelationtotheproperlegislativeobjectsoughttobe attained.

Section 3. Severability. If any clause, sentence, paragraph, or part of this Ordinance or the application thereof to any person or circumstances shall for any reason be adjudged by a court of competent jurisdiction invalid, such judgment shall not affect application to other persons or circumstances.

Section 4. Effective Date. This Ordinance shall become effective ten (10) days after passage.

INTRODUCED, FIRST READ, PASSED, AND ORDERED POSTED ON FIRST AND FINAL READING THIS 11TH DAY OF MARCH, 2013

PASSED, ADOPTED, AND APPROVED ON SECOND READING THIS 8TH DAY OF APRIL 2013