Wheat Ridge Municipal Code Chapter 16 Article VI

Sec. 16-126. Solicitation of alcoholic beverages.

(a) It is unlawful in any place of business where alcoholic beverages are sold to be consumed upon the premises for any person to beg or to solicit any patron or customer of or visitor in such premises to purchase any alcoholic beverage for the one begging or soliciting.

(b) It is unlawful for the proprietor or operator or person in charge of any such establishment to knowingly allow the presence in such establishment of any person who violated the provisions of this section.

(Code 1977, § 14-42)

Sec. 16-127. Possession of alcohol in public places; purchases by or for minors; sales to minors.

(a) It is unlawful for any person to consume any fermented malt beverage or any malt, vinous or spirituous liquor in any public place, or 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 city; provided, however, that it shall not be a violation of this provision to store or consume any fermented malt beverage, or any malt, vinous or spirituous liquor in conformance with, and pursuant to the terms of any validly issued permit or license or as provided in section 17-47

(b) It is unlawful for any person to possess for purposes of immediate consumption any open or unsealed container of any fermented malt beverage or any malt, vinous or spirituous liquor, whether such possession is actual or constructive, in a public place or 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 city. Symptoms of alcohol intoxication, or the odor of an alcoholic beverage on the breath of a person in possession of any open or unsealed container of any fermented malt beverage or any malt, vinous or spirituous liquor, shall be prima facie evidence of possession for purposes of immediate consumption. It shall not be a violation of this provision to store or consume any fermented malt beverage or any malt, vinous or spirituous liquor in conformance with, and pursuant to the terms of, any validly issued permit or license or as provided in section 17-47

(c) It is unlawful for any person under the age of twenty-one (21) years to purchase or obtain, or to attempt to purchase or obtain, either directly or through an intermediary, any fermented malt beverage or any malt, vinous or spirituous liquor by misrepresentation of age or by any other means.

(d) It is unlawful for any person to purchase or procure or obtain any fermented malt beverage or any malt, vinous or spirituous liquor with the intent to procure for, sell to, or provide any fermented malt beverage or any malt, vinous or spirituous liquor to any person under the age of twenty-one (21) years.

(e) It shall be unlawful to sell, serve, give away, dispose of, exchange, or deliver or permit the sale, serving, giving, or procuring of any alcohol beverage to or for any person under the age of twenty-one (21) years, to a visibly intoxicated person, or to a known habitual drunkard.

(f) It is unlawful for any visibly intoxicated person or any known habitual drunkard to possess or consume any fermented malt beverage or any malt vinous or spirituous liquor, whether such possession is actual or constructive, in any public place or 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 city. This provision shall apply regardless of whether any bottle, can or other container for such fermented malt beverage or such malt, vinous or spirituous liquor is sealed, unsealed or open.

(g) During any trial for a violation of this section, any bottle, can or any other container with labeling indicating the contents of such bottle, can or container, and the information contained on any such label, shall be admissible into evidence and shall not constitute hearsay. A jury or a judge, whichever is appropriate, shall consider the information upon such label as prima facie evidence of the contents of the bottle, can or other container. A label which identifies the contents of any bottle, can or other container as “beer,” “ale,” “malt beverage,” “fermented malt beverage,” “malt liquor,” “wine,” “champagne,” “whiskey” or “whisky,” “gin,” “vodka,” “tequila,” “schnapps,” “brandy,” “cognac,” “liqueur,” “cordial,” “alcohol” or “liquor” shall constitute prima facie evidence that the contents of the bottle, can or other container was composed in whole or in part of an alcoholic beverage prohibited by this section.

(h) In enforcing the provisions of this section, enforcement shall not be undertaken upon private property which, for purposes of this section, means any dwelling as well as the lot area associated with said dwelling, including front, rear and side yards, which is used by a natural person or natural persons for habitation and which is not open to the public and privately owned real property which is not open to the public. Private property shall not include:

(1) Any establishment which has or is required to have a license pursuant to Article 46, 47 or 48 of Title 12, C.R.S.; or

(2) Any establishment which sells fermented malt beverages or malt, vinous or spirituous liquor or upon which fermented malt beverages or malt, vinous or spirituous liquor are sold; or

(3) Any establishment which leases, rents or provides accommodations to members of the public generally.

(Code 1977, § 14-42.2 Ord. No. 1990-850, § 1, 11-26-90; Ord. No. 1343, § 1, 6-13-05)

Sec. 16-128. Unlawful visual observation.

It is unlawful for any person to look into any house, room, building or structure within the city through any window, door, skylight or other opening thereof for the purpose of observing the actions of any person within or occupant of such house, room, building or structure.

(Code 1977, § 14-43.1)

Sec. 16-129. Unlawful electronic observation.

It is unlawful for any person to observe or to monitor the actions of any person within or occupant of any house, room, building or structure within the city by the placing within such house, room, building or structure of any electronic device which has as its function the recording and/or transmission of the physical presence, actions, sounds or statements of any person within such house, room, building or structure; provided, however, that the provisions of this section shall not be applicable to any electronic recording, monitoring or transmission device installed in any house, room, building or structure with the knowledge and consent of the owner or the occupant thereof; and further provided, that the provisions of this section shall not apply to or prohibit the installation of health service, emergency and/or hospital monitoring systems, police alarm systems as provided in chapter 19, article V inclusive, or any such device installed and/or monitored pursuant to a lawful order or warrant issued by a court of competent jurisdiction.

(Code 1977, § 14-43.2)

Sec. 16-130. Police investigative observations lawful.

Nothing contained in section 16-128 or 16-129 shall prohibit the observation and/or recording of the actions of any person within or occupant of any house, room, building or structure by the police department, any officer thereof, or any other lawfully authorized law enforcement agent or officer; provided, that such observation and/or recording is undertaken in accordance with constitutional standards, and is undertaken in conjunction with, and as a part of, legitimate police investigative or patrol activities, or pursuant to a lawful order or warrant issued by a court of competent jurisdiction.

(Code 1977, § 14-43.3)

Sec. 16-131. Possession of marijuana.

(a) For the purpose of this section, the following definitions apply:

(1) “Marijuana,” “marihuana” and “cannabis” are synonymous and shall include all parts of the plant of the genus Cannabis, 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 industrial hemp, the mature stalks of such plant, fiber produced from its stalks, oil or cake made from the seeds of such plant, any other compound, manufacture, salt, derivative, mixture or preparation of its mature stalks, except the resin extracted therefrom, fiber, oil or cake, or the sterilized seeds of such plant which is incapable of germination, or the weight of any other ingredient combined with marijuana to prepare topical or oral administrations, food, drink, or other product.

(2) “Cannabis concentrate” means hashish, tetrahydrocannabinols, or any alkaloid, salt, derivative, preparation, compound, or mixture, whether natural or synthesized or tetrahydrocannabinols.

(3) “Marijuana products” means concentrated marijuana products and marijuana products that are comprised of marijuana and other ingredients and are intended for use or consumption, such as, but not limited to, edible products, ointments, and tinctures.

(b) It shall be unlawful for any person under twenty-one (21) years of age to possess or display marijuana products or one (1) ounce or less of marijuana, cannabis, or cannabis 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), together with a surcharge of ten dollars ($10.00) to be paid to the police department through the court to offset the cost of destruction of drugs, injection devises and drug paraphernalia, whether or not any of those items was confiscated from the defendant.

(c) It shall be unlawful openly and publicly to consume marijuana products, marijuana, cannabis, or cannabis concentrate, and upon conviction thereof, or a plea of guilty or no contest thereto, punishment be by a fine of one hundred dollars ($100.00), and by imprisonment not exceeding fifteen (15) days.

(d) The provisions of this section shall not apply to any person who possesses or uses marijuana products, marijuana, cannabis or cannabis concentrate pursuant to the Dangerous Drug Therapeutic Research Act or in accordance with the provisions in Article XVIII, Section 14 of the Colorado Constitution.

(Ord. No. 1988-762, § 1(14-42.3), 6-13-88; Ord. No. 1994-971, § 3, 6-13-94; Ord. No. 1531, § 1, 1-28-13)

Sec. 16-132. Possession of injection devices.

It shall be unlawful for any person to possess any hypodermic needle, syringe or similar device which may be adapted or used for injecting drugs or other substances by subcutaneous or intracutaneous injection into the body, unless such possession has been authorized for medical or physical treatment by a licensed medical doctor or osteopathic physicians; provided, however, that the prohibitions contained in this section shall not apply to manufacturers, jobbers, licensed medical technicians, hospitals, nursing homes, technologists, nurses, laboratories, research teaching institutes, medical doctors, osteopathic physicians, dentists, veterinarians or persons who lawfully use injection devices for the sole purpose of providing medical treatment to their pets or livestock, pharmacists and embalmers selling or using such devices in the legal course of their respective businesses or professions. A violation of this section shall be subject to the penalty provided in section 16-4 of this Code, together with a surcharge of ten dollars ($10.00) to be paid to the police department through the court to offset the expense of destruction of drugs, injection devices and drug paraphernalia, whether or not any of those items was confiscated from the defendant.

(Ord. No. 1994-971, § 1, 6-13-94)

Sec. 16-133. Drug paraphernalia.

(a) Controlled substances defined. “Controlled substance” shall mean marijuana or marijuana concentrate, as those terms are defined in section 16-131(a) of this Code, and cocaine as that term is defined in section 16-1 of this Code. Further, this term shall include a controlled substance or immediate precursor included in Schedules I through V or Part 2 of C.R.S., 18, Tit. 18, including marijuana, marijuana concentrate, and cocaine.

(b) Drug paraphernalia defined. “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 this Code. “Drug paraphernalia” includes, but is not limited to:

(1) Objects used, intended for use or designed for use in ingesting, inhaling or otherwise introducing marijuana, cocaine or marijuana concentrate 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 materials 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. Chillums;

k. Bongs; or

l. Ice pipes or chillers.

(c) Factors in determining drug paraphernalia. 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 substances on the object;

(4) Direct or circumstantial evidence of the knowledge of an owner, or of anyone in control of the object, or evidence that such person reasonably should know, that it will be delivered to persons whom he knows or reasonably should know, could use the object to facilitate a violation of this section;

(5) Instructions, oral or written, provided with the object concerning its use;

(6) Descriptive materials accompanying the object which explain or depict its use;

(7) National or local advertising concerning its use;

(8) The manner in which the object is displayed for sale;

(9) Whether the owner, or anyone in control of the object, is a supplier of like or related items to the community for legal purposes, such as an authorized distributor or dealer of tobacco products;

(10) The existence and scope of legal uses for the object in the community;

(11) Expert testimony concerning its use.

(d) Evidentiary hearing. 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 subsection (c), such hearing shall be conducted in camera.

(e) Penalty for possession of drug paraphernalia. A person commits possession of drug paraphernalia if he possesses drug paraphernalia and knows or reasonably should know that the drug paraphernalia could be used under circumstances in violation of the Wheat Ridge Municipal Code. A violation of this subsection (e) shall be subject to the penalty provided in section 16-4 of this Code, together with a surcharge of ten dollars ($10.00) to be paid to the police department through the court to offset the expense of destruction of drugs, injection devices or drug paraphernalia, whether or not any of those items was confiscated from the defendant.

(f) Penalty for manufacture, sale or delivery of drug paraphernalia. It shall be unlawful for any person to sell or deliver, possess with intent to sell or deliver, or manufacture with intent to sell or deliver equipment, products or materials knowing, or under circumstances where one reasonably should know, that such equipments, products or materials could be used as drug paraphernalia. A violation of this subsection (f) shall be subject to the penalty provided in section 16-4 of this Code, together with a surcharge of ten dollars ($10.00) to be paid to the police department through the court to offset the expense of destruction of drugs, injection devices and drug paraphernalia, whether or not any of those items was confiscated from the defendant.

(g) Penalty for advertisement of drug paraphernalia. It shall be unlawful for any person to place an advertisement in any newspaper, magazine, handbill or other publication and who intends thereby to promote the sale in the city of equipment, products or materials designed and intended for use as drug paraphernalia. A violation of this subsection (g) shall be subject to the penalty provided in section 16-4 of this Code, together with a surcharge of ten dollars ($10.00) to be paid to the police department through the court to offset the expense of destruction of drugs, injection devices and drug paraphernalia, whether or not any of those items was confiscated from the defendant.

(h) The provisions of this section shall not apply to the possession, display, purchase, transport or use in private by any person that is twenty-one (21) years of age or older of drug paraphernalia that is 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 for ingesting, inhaling, or otherwise introducing marijuana into the human body.

(Ord. No. 1994-971, § 1, 6-13-94; Ord. No. 1531, § 2, 1-28-13)

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