Sec. 16-1. Definitions.

(a) The terms used in this chapter shall be as defined in C.R.S. Tit. 18 [§ 18-1-101 et seq.], as amended, or as used in their ordinary, usual and accepted sense and meaning.

(b) In this chapter “public place” includes any place commonly or usually open to the general public or to which members of the general public may resort, or accessible to members of the general public. By way of illustration, such public places include, but are not limited to, public ways, streets, buildings, sidewalks, alleys, parking lots, shopping centers, shopping center malls, places of business usually open to the general public, and automobiles or other vehicles in or upon any such place or places; but shall not include the interior or enclosed yard area of private homes, residences, condominiums or apartments.

(c) In this chapter, “cocaine” means coca leaves, except coca leaves and extracts of coca leaves from which cocaine, ecgonine or their salts have been removed; cocaine, its salts, optical and geometric isomers, and salts of isomers; ecgonine, its derivatives, their salts, isomers and salts of isomers; or any compound, mixture or preparation which contains any quantity of any of the substances referred to in this definition.

(d) Section 1-2 applies to this chapter.

(Code 1977, §§ 14-67, 14-68; Ord. No. 1988-761, § 1(14-67), 6-13-88; Ord. No. 1994-971, § 2, 6-13-94)

Sec. 16-2. Legislative intent.

It is the intent and purpose of this chapter not to cover and include those offenses which are felonies under state law and this chapter shall be so construed, notwithstanding any language contained in the chapter which might otherwise be construed to the contrary.

(Code 1977, § 14-66)

Sec. 16-3. Affirmative defenses.

The affirmative defenses available in C.R.S. tit. 18, Art. 1, pt. 7 [§ 18-1-701 et seq.] shall be available as affirmative defenses to prosecutions in the municipal court under those provisions covered by this chapter.

(Code 1977, § 14-65)

Sec. 16-4. Violations.

(a) It is unlawful for any person to violate any of the provisions of this chapter, and any such violation shall be punished as is hereinafter provided.

(b) Every person who, at the time of commission of the offense, was at least eighteen (18) years of age, and who was subsequently convicted of or pleads guilty or nolo contendere to a violation of any provision of this chapter shall be punished by a fine of not less than twenty-five dollars ($25.00) but not exceeding one thousand dollars ($1,000.00) per violation or count, or by imprisonment not exceeding one (1) year, or by both such fine and imprisonment. Any voluntary plea of guilty or nolo contendere to the original charge or to a lesser or substituted charge shall subject the person so pleading to all fines and/or penalties applicable to the original charge. Any restitution ordered by the court shall be in addition to any such fine or imprisonment; provided, however, that nothing contained herein shall empower the court to subject any person under the age of eighteen (18) to any imprisonment as a portion of a penalty for violation of any provision of this chapter.

(c) Every person who, at the time of commission of the offense, was at least ten (10) but not yet eighteen (18) years of age, and who is subsequently convicted or pleads guilty or nolo contendere to a violation of any provision of this chapter shall be punished by a fine of not less than twenty-five dollars ($25.00) but not exceeding nine hundred ninety-nine dollars ($999.00) per violation or count. Any voluntary plea of guilty or nolo contendere to the original charge or to a lesser or substituted charge shall subject the person so pleading to all fines and/or penalties applicable to the original charge. Any restitution ordered by the court shall be in addition to any such fine. Nothing in this section shall be construed to prohibit incarceration in an appropriate facility, at the time of charging, of a juvenile violating any section of this chapter, or in the event of issuance of a warrant resulting from a violation of any section of this chapter.

(d) Authority is hereby expressly granted to the judges of the municipal court to award, as restitution to any victim of any action specified as unlawful in this chapter, an amount equal to the actual damages suffered by the victim, and to order any person found, or pleading, guilty to any such violation to pay such restitution as ordered by the court. Such restitution shall be determined by the submission of a bill of costs by the victim to the court on a form approved by the court, but the court shall be limited to awarding as such restitution only actual costs incurred by the victim. Authority is expressly granted to the court to order such restitution for any and all costs incurred by public safety and/or emergency response agencies of the city or other governmental or quasi-governmental entities in connection with the initial response to and all subsequent followup investigation of violation in the case of violation under section 16-151. Any restitution ordered by the court shall be in addition to any fine, and/or imprisonment authorized by this Code, and shall likewise be applicable to any situation in which deferred judgment or deferred sentence is accepted and/or imposed by the court.

(Code 1977, § 14-69; Ord. No. 1988-756, § 2(14-75), 5-23-88; Ord. No. 1999-1181, § 1, 1-10-2000)

Sec. 16-5. Attempts; aiding, abetting or advising.

(a) Attempts. It shall be unlawful for any person to engage knowingly in conduct constituting a substantial step toward the commission of an offense which would constitute a violation of any section of this chapter. A substantial step is any conduct, whether act, omission, or possession which is strongly corroborative of the firmness of the actor's purpose to complete the commission of the offense.

(b) Aiding or advising. It shall be unlawful for any person knowingly to aid another in a commission of an offense which would constitute a violation of this chapter. A person who engages in conduct intending to aid another to commit an offense commits criminal attempt, if the person aids, abets, or advises the other person in planning or committing the offense, even if the other person is not guilty of committing or attempting the offense.

(Ord. No. 1988-761, § 2(14-68), 6-13-88)