CHAPTER 10.36.- MISCELLANEOUS OFFENSES

10.36.010. Abandoning refrigerators and similar items.

10.36.060. Certain use, possession or purchase.

10.36.070. Sale to minors.

10.36.080. Sales limited to bona fide commercial establishments.

10.36.090. Sale or other provision for intended illegal use.

10.36.100. Exception—Medical or dental use.

10.36.110. Possession or Consumption Prohibited.

10.36.120. Possession prohibited.

10.36.130. Sale of tobacco products—Face-to-face transactions.

10.36.140. Furnishing tobacco products to children.

10.36.150. Purchase of tobacco products by child prohibited.

10.36.160. Sale of tobacco products by vending machines restricted.

10.36.170. Sale of individual tobacco products prohibited.

 

10.36.010. Abandoning refrigerators and similar items.

It is unlawful to, with criminal negligence, abandon or discard in any public or private place accessible to children any chest, closet, piece of furniture, refrigerator, freezer, icebox, or other article or device having a compartment with a capacity of 1½ cubic feet or more, having a mechanical or magnetic lock or feature designed to keep the door thereof in a closed position, or any such article or device which, with the door closed, is substantially airtight, without first removing the doors of such chest, closet, piece of furniture, refrigerator, freezer, icebox or other article or device.

10.36.060. Certain use, possession or purchase.

No person shall intentionally smell or inhale the fumes of any substance releasing toxic vapors to cause a condition of euphoria, excitement, exhilaration, stupefaction or dulled senses or nervous system, or possess, buy or use any such substance for the purpose of violating or aiding another to violate this section.

(Code 1993, § 10.36.060; Ord. No. O-92-51, § 1)

10.36.070. Sale to minors.

It is unlawful to sell, give, deliver or furnish any substance releasing toxic vapors to any child under the age of 18 years without the personal or written consent of a parent or guardian of such child, except when the sale of one tube of glue is made simultaneously with or as part of a sale, purchase or delivery of a hobby or model kit.

(Code 1993, § 10.36.070; Ord. No. O-92-51, § 1)

10.36.080. Sales limited to bona fide commercial establishments.

No person, except a person who is at the time of such sale actually employed by or engaged in operating a bona fide commercial establishment at a fixed location, shall sell to any other person any substance releasing toxic vapors, and all sales of such substance not made in or from such an establishment are unlawful.

(Code 1993, § 10.36.080; Ord. No. O-92-51, § 1)

10.36.090. Sale or other provision for intended illegal use.

It is unlawful knowingly to sell or offer for sale, deliver or give away to any other person any substance releasing toxic vapors, where the seller, offeror or deliverer knows or has reason to believe that such substance will be used for the purpose of inducing a condition of euphoria, excitement, exhilaration, stupefaction, or dulled senses or nervous system.

(Code 1993, § 10.36.090; Ord. No. O-92-51, § 1)

10.36.100. Exception—Medical or dental use.

This article shall not apply to the inhalation of anesthesia for medical or dental purposes.

(Code 1993, § 10.36.100; Ord. No. O-92-51, § 1)

10.36.110. Possession or consumption prohibited.

A. It is unlawful for a person over the age of 21 years to possess between one and two ounces of marijuana. It is unlawful for a person under the age of 21 to possess two ounces or less of marijuana. The court shall punish offenders by a fine of not more than $100.00, plus applicable court costs.

B. It is unlawful for a person of any age to openly and publicly consume two ounces or less of marijuana. Unless section 1.12.020 precludes imprisonment, the court shall punish offenders by a fine not less than $100.00 plus applicable court costs, or by 15 days’ imprisonment, or both such fine and imprisonment.

(Code 1993, § 10.36.110; Ord. No. O-94-61, § 9; Ord. No. O-92-51, § 1; Ord. No. O-2011-80, § 1, 11-8-2011; Ord. No. O-2013-01, § 1, 1-8-2013)

State law reference— Similar provisions, C.R.S. § 18-18-406.

10.36.120. Possession prohibited.

A. It is unlawful to possess drug paraphernalia which a person knows or reasonably should know that such could be used in violation of the law, and upon conviction thereof the defendant shall be punished by a fine of not less than $50.00, nor more than $100.00; however, upon any subsequent conviction within 12 months, the fine shall be $100.00 along with applicable court costs.

B. As used in this section, unless the context otherwise requires:

Controlled substance means those items defined in the Uniform Controlled Substances Act of 1992 (C.R.S. § 18-18-101 et seq.).

Drug paraphernalia means all equipment, products, and materials of any kind which are used, intended for use, or designed for use in planting, propogating, cultivating, growing, harvesting, composting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, vaporizing, containing, concealing, injecting, ingesting, inhaling, or otherwise introducing into the human body a controlled substance in violation of the law. “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;

2. Scales and balances used, intended for use, or designed for use in weighing or measuring controlled substances;

3. Separation gins and sifters used, intended for use, or designed for use in removing twigs and seed from or in otherwise cleaning or refining marijuana;

4. Blenders, bowls, containers, spoons, and mixing devices used, intended for use, or designed for use in compounding controlled substances;

5. Capsules, balloons, envelopes, baggies, bindles, and other containers used, intended for use, or designed for use in packaging small quantities of controlled substances;

6. Containers or other objects used, intended for use, or designed for use in storing or concealing controlled substances;

7. Objects used, intended for use, or designed for use in ingesting, inhaling, or otherwise introducing marijuana, cocaine, hashish, or hashish oil into the human body, such as:

a. Water pipes;

b. Carburetion tubes and devices:

c. Smoking and carburetion masks;

d. 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;

e. Miniature cocaine spoons and cocaine vials;

f. Chamber pipes;

g. Carburetor pipes;

h. Electric pipes;

i. Air-driven pipes;

j. Bongs;

k. Ice pipes or chillers; or

l. Vaporizors.

C. In determining whether an object is drug paraphernalia, the court, in its discretion, may consider, in addition to all other relevant factors, the following:

1. Statements by an owner or by anyone in control of the object concerning its use;

2. The proximity of the object to controlled substances;

3. The existence of any residue of controlled substance on the object;

4. Instructions, oral or written, provided with the object concerning its use;

5. Descriptive materials accompanying the object which explain or depict its use;

6. National or local advertising concerning its use;

7. The existence and scope of legal uses for the object in the community;

8. Expert testimony concerning its use.

D. A person over the age of 21 years may possess marijuana related drug paraphernalia.

(Code 1993, § 10.36.120; Ord. No. O-95-93, § 1; Ord. No. O-2013-01, § 2, 1-8-2013)

State law reference— Similar provisions, C.R.S. § 18-18-426 et seq.

10.36.130. Sale of tobacco products—Face-to-face transactions.

It is unlawful for any person, business or retailer to sell any tobacco product in other than a direct face-to-face exchange between the seller and the consumer, except as permitted by section 10.36.160 and mail-order sales under federal law.

(Code 1993, § 10.36.130; Ord. No. O-97-67, § 2)

State law reference— Tobacco sales, C.R.S. § 18-13-121.

10.36.140. Furnishing tobacco products to children.

A. No person shall furnish tobacco products to any child, by gift, sale, or otherwise.

B. It is an affirmative defense to prosecution under this section:

1. That the person furnishing the tobacco product was presented with, and reasonably relied upon, an identification card or drivers license which identified the person buying or receiving the tobacco product as an adult; or

2. That the tobacco product was furnished to the child by his parent or guardian for use in the privacy of the parent’s or guardian’s home or under the direct supervision of the parent or guardian.

(Code 1993, § 10.36.140; Ord. No. O-97-67, § 2)

10.36.150. Purchase of tobacco products by child prohibited.

No child shall purchase tobacco products, or misrepresent his identity or age, or use any false or altered identification to purchase tobacco products.

(Code 1993, § 10.36.150; Ord. No. O-97-67, § 2)

10.36.160. Sale of tobacco products by vending machines restricted.

A. No person, business or retailer shall sell or offer to sell any tobacco product by use of a vending machine or other coin-operated machine in any place to which any child has access.

B. Every owner and other person in control of any place having any vending machine or other coin-operated machine dispensing any tobacco product shall prohibited and prevent access to such machines by any child.

(Code 1993, § 10.36.160; Ord. No. O-97-67, § 2)

10.36.170. Sale of individual tobacco products prohibited.

No person, business or retailer shall break or otherwise open any tobacco product package to sell or distribute individual tobacco products or a number of unpackaged tobacco products that is smaller than the smallest package distributed by the manufacturer for individual consumer use.

(Code 1993, § 10.36.170; Ord. No. O-97-67, § 2)