Ordinance NO. 2013-3

BEFORE THE TOWN COUNCIL
TOWN OF MOUNTAIN VIEW
STATE OF COLORADO

ORDINANCE NO. 2013-3

TITLE: AN ORDINANCE AMENDING SECTION 10-6-40 OF THE MOUNTAIN VIEW MUNICIPAL CODE REGARDING THE PERSONAL USE OF MARIJUANA ACCESSORIES 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 10-6-40 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 10-6-40. Possession of drug paraphernalia.

(a) FOR THE PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:

Unless the context otherwise requires, drug – paraphernalia “DRUG 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, injecting, ingesting, inhaling or otherwise introducing into the human body a controlled substance in violation of state laws. This definition shall be construed in accordance with Section 18- 18-426, C.R.S.

“MARIJUANA ACCESSORIES” MEANS ANY EQUIPMENT, PRODUCTS, OR MATERIALS OF ANY KIND WHICH ARE USED, INTENDED FOR USE, OR DESIGNED FOR USE IN PLANTING, PROPAGATING, CULTIVATING, GROWING, HARVESTING, COMPOSTING, MANUFACTURING, COMPOUNDING, CONVERTING, PRODUCING, PROCESSING, PREPARING, TESTING, ANALYZING, PACKAGING, REPACKAGING, STORING, VAPORIZING, OR CONTAINING MARIJUANA, OR INGESTING, INHALING, OR OTHERWISE INTRODUCING MARIJUANA TO THE HUMAN BODY.

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(c) It is unlawful for any person:

(1) To possess drug paraphernalia where one knows or reasonably should have known that the drug paraphernalia could be used under circumstances in violation of the laws of the Town or the State; or

(2) To sell or deliver, possess with intent to sell or deliver, or manufacture with intent to sell or deliver equipment, products or material knowing, or under circumstances where one reasonably should have known, that such equipment, products or material could be used as drug paraphernalia.

(3) THE PROVISIONS OF THIS SECTION SHALL NOT APPLY TO THE PERSONAL USE OF “MARIJUANA ACCESSORIES” AS DEFINED IN THIS SECTION 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.

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 determines that this Ordinance bears a rational relation to the proper legislative object sought to be 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