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Home My WebLink About005 - 01/19/2016 - AMENDING CHAPTER 17 OF CITY CODE TO BRING THE EXISTING UNDERAGE CODE OFFENSES FOR POSSESSION OR CONS ORDINANCE NO. 005, 2016 , OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING CHAPTER 17 OF THE CODE OF THE CITY OF FORT COLLINS TO BRING THE EXISTING UNDERAGE CODE OFFENSES FOR POSSESSION OR CONSUMPTION OF MARIJUANA INTO CONFORMITY WITH STATE LAW . t - WHEREAS, the City Council is considering Ordinance No. 004, 2016, which would prohibit persons under twenty-one years of age from consuming and possessing alcohol; and WHEREAS, persons under twenty-one years of age are currently prohibited from consuming and possessing recreational marijuana, and medical marijuana without proper credentials; and WHEREAS, the state law prohibits the illegal possession and consumption of alcohol and marijuana by underage persons, allows for specific exceptions to criminal prosecution, details instances of prima facie evidence, and imposes a requirement upon the court to automatically seal underage records; and WHEREAS, proposed Ordinance No. 004, 2016, is. consistent with such state law provisions as they relate to alcohol; and r WHEREAS, the current City Code prohibiting persons under,twenty-one years of age from consuming and possessing marijuana does not include such provisions; and WHEREAS, staff recommends adoption of"the provisions provided herein to mirror the state law on underage marijuana consumption and possession; and WHEREAS, City Council has determined that the proposed amendments to City Code Section 17-191 are in the best interests of the City. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: r � Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section.2. That Section 17-191 of the Code of the City of Fort Collins is hereby amended to read as follows: See. 17-191. - Consumption and possession of marijuana. (a) Any consumption of recreational marijuana that is conducted openly and publicly is prohibited, (b) Any consumption of medical marijuana that is in plain view of, or in a place open to, the general public is prohibited. - 1 - (c) No person under twenty-one (21) years of age shall consume or possess recreational marijuana. (d) No person under twenty-one (21) years of age shall consume or possess medical marijuana unless he or she is a patient or primary caregiver in possession of a valid registry identification card pursuant to Article XVIII, Section 14 of the Colorado Constitution. (e) No person shall possess more than one (1) ounce of recreational marijuana or more than two (2) ounces of medical marijuana. (f) The possession or consumption of marijuana shall not constitute a violation of subsections (c) and.(d) if such possession or consumption takes place for religious purposes protected by the first amendment to the United States Constitution. (g) An underage person shall be immune from criminal prosecution under this section if he or she establishes the following: (1) The underage person called 911 and reported in good faith that another underage person was in need of medical assistance due to marijuana consumption; (2) The underage person who called 911 provided his or her name to the 911 operator; (3) The underage person was the first person to make the 911 report; and' (4) The underage person who made the 911 call remained on the scene with the medical assistance or law enforcement personnel on the scene. (h) Prima facie evidence of a violation of subsections (c) and (d) shall consist of- (1) Evidence that the defendant was under twenty-one (21) years of age and possessed or consumed marijuana anywhere in the City. (2) Evidence that the defendant was under twenty-one (21) years of. age and manifested any of the 'characteristics commonly associated with marijuana impairment while present anywhere in the City. (i) Upon dismissal of a case after a completion of a deferred judgment or diversion or any other action resulting in dismissal of the case or upon completion of the court- ordered substance abuse education and payment of any fine for a first conviction of this subsection (c) or subsection (d), the Municipal Court shall immediately order the case sealed and provide to the underage person and the prosecutor a copy of the,order sealing the case for distribution by the appropriate party to all law enforcement agencies. - 2 - Introduced, considered favorably on first reading, and ordered published this 5th day of January, A.D. 2016, and to be presented for final passage on the 19th day of January, A.D. 2016. o�,F::`.:.CO Mayor ATTEST: g '? ,, ^ ,• '•o. ..boo City Clerk Passed and adopted on final reading on the 19th day of January, A.D. 2016. F..RT C r ATTEST: 009. .....o�X 1 `.N "= SEAL : City Clerk - 3 - Account#: FTC-003160 FORT•COLLINS Invoice Text NOTICE 1S HEREBY GIVEN that the Fort Collins City Council,on I STATE OF COLORADO ) ss: AFFIDAVIT OF PUBLICATION COUNTY OF LARIMER ) Andrew Troncoso ,being duly sworn,deposes and says that said is the legal clerk of the Fort Collins Coloradoan;that the same is a daily newspaper of general circulation and printed and published in the City of Fort Collins, in said county and state;that the notice or advertisement,of which the annexed is a true copy, has been published in said daily newspaper for 1 Day; that the notice was published in the regular and entire issue of every number of said newspaper during the period and time of publication of said notice, and in the newspaper proper and not in a supplement thereof; that the first publication of said notice was contained in the issue of said newspaper on Sunday,January 24,2016 that the last publication thereof was contained in the issue of said newspaper on Sunday,January 24,2016 that said Fort Collins Coloradoan has been published continuously and uninterruptedly during the period of at least six months next prior to the first publication of said notice or advertisement above referred to;that said newspaper has been admitted to the United States mails as second-class matter under the provisions of the Act of March 3, 1879, or any amendments thereof, and that said newspaper is a daily newspaper duly qualified for publishing legal notices and advertisements within the meaning of the laws of the State of Colorado. Legal Clerk Subscribed and sworn to before me,within the County of Larimer,State of Colorado this Monday,January 25,2016 LADONNAMARYpCgOLORCO NOTARY PUBLIC-STATEMy Commission expires September 3,2019 My Identlfic fon li 20EVIresSeptenlW Notary Public Legal No.0001000903 Delivered to: CITY OF FC-CLERK-LEGALS 300 LAPORTE AVE Affidavit Prepared FORT COLLINS,CO 80521 Monday,January 25.2016 10:19 am Legal Notices GRANT REVENUE IN THE GENERAL FUND FOR THE FORT COLLINS POLICE SERVICES VICTIM SERVICES UNIT ORDINANCE NO.004,2016 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING CHAPTER 17 OF THE CODE OF THE CITY OF FORT COLLINS TO ESTABLISH AN OFFENSE FOR UNDERAGE POSSESSION OR CONSUMPTION OF ETHYL ALCO- HOL ORDINANCE NO.005,2016 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING CHAPTER 17 OF THE CODE OF THE COLLINS CITE IF: FORT TO BRING THE EXISTING UNDER- AGE CODE OFFENSES FOR POSSES. MARI- JUANA RINTONSUMPTION CONFORMITOY WITH STATE LAW WITH ORDINANCE NO.006,2016 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING CHAPTER 26 OF THE CODE OF THE CITY OF FORT COLLINS AND THE FORT COLLINS STORMWATER CRITERIA MANUAL TO MODIFY THE CRITERIA FOR UN- DERGROUND DETENTION SYSTEMS ORDINANCE NO. O 007,2016 OF THE COUNCIL F THE CITY OF FORT COLLINS AMENDING CHAPTER 26 OF THE CODE OF THE CITY OF FORT COLLINS NOTICE IS HEREBY GIVEN that the AND THE FORT Fort Collins City Council, TO MODIFY CRITERIA MANUAL January 19, 2016, on Tuesday, TO MODIFY PROVISIONS IMPLE. the following ordinances as ride oind MENTING reading: LOW IMPACT DEVELOPMENT PRIN. CIPLES OFOTHE COUNCIL NANCE NO. lOF 1THE CITY OFORT COLLINSF OF TDIHE COUNCIL 80F 1THE CITY OF APPROPRIATING REVENUE IN THE AUTHORIZING THE RELEASE OF A COMMUNITY CAPITAL FORT COLLINS IMPROVEMENT FUND FOR INITIA- COVENANT ON TION OF THE VARIOUS 2016 AP- THE MURPHY CENTER PROPERTY PROVED PROJECTS, TRANSFER- RING A PORTION OF THAT APPRO. ORDINANCE NO.009,2016 PRIATION TO THE CAPITAL PROD- OF THE COUNCIL OF THE CITY ECTS FUND AND A PORTION OF FORT COLLINS THEREOF TO THE CULTURAL SERV- DECLARING CERTAIN CITY-OWNED ICES AND FACILITIES FUND FOR PROPERTY ON THE ART IN PUBLIC PLACES PRO- RUNNING DEER NATURAL AREA AS GRAM CONTRIBUTIONS ASSOCIAT- ROAD RIGHT-OF-WAY ED WITH THE 2016 APPROVED PROJ- ECTS ORDINANCE NO.010,2016 OF THE COUNCIL OF THE CITY OF ORDINANCE NO.002,2016 FORT COLLINS OF THE COUNCIL OF THE CITY OF AMENDING SECTION 15-620 OF THE FORT COLLINS CODE OF THE CITY OF FORT APPROPRIATING UNANTICIPATED COLLINS FROMGRAN THEENUE CONGESTION MITIGq. RELATED TO RETAIL MARIJUANA TION AND AIR QUALITY ESTABLISHMENTS' HOURS OF OP_ GRANT FOR THE ERATION FLEX REGIONAL EXTENSION OF The full text of these ordinances can be ROUTE SERVICE found at AND AUTHORIZING EXECUTION OF hfip://fcg0v.Cam/IMPLEMENTING INTERGOV or by calling the City Clerk's bloffice tcat MENTAL AGREEMENTS ERN- 970-221-6515. CITY MANAGER BY THE ORDINANCE NO.003,2016 1000903 OF THE COUNCIL OF THE CITY OF Coloratloan FORT COLLINS Jan 24,2016 APPROPRIATING UNANTICIPATED J Account#: FTC-003160 CO FORT-COLLINS Invoice Text OAN NOTICE IS HEREBY GIVEN that the Fort Collins City Council,on I STATE OF COLORADO ) )ss: AFFIDAVIT OF PUBLICATION COUNTY OF LARIMER ) Andrew Troncoso being duly sworn, deposes and says that said is the legal clerk of the Fort Collins Coloradoan; that the same is a daily newspaper of general circulation and printed and published in the City of Fort Collins, in said county and state; that the notice or advertisement, of which the annexed is a true copy,has been published in said daily newspaper for I Day; that the notice was published in the regular and entire issue of every number of said newspaper during the period and time of publication of said notice, and in the newspaper proper and not in a supplement thereof; that the first publication of said notice was contained in the issue of said newspaper on Sunday,January 10,2016 that the last publication thereof was contained in the issue of said newspaper on Sunday,January 10,2016 that said Fort Collins Coloradoan has been published continuously and uninterruptedly during the period of at least six months next prior to the first publication of said notice or advertisement above referred to; that said newspaper has been admitted to the United States mails as second-class matter under the provisions of the Act of March 3, 1879, or any amendments thereof; and that said newspaper is a daily newspaper duly qualified for publishing legal notices and advertisements within the meaning of the laws of the State of Colorado. Legal Clerk Subscribed and sworn to before me,within the County of Larimer,State of Colorado this Monday,January 11,2016 IADONNAMARYLANIAR NOTARY PUBLIC-STATE OF COLORADO My Commission expires September 3,2019 My Idenfikation#201540MM Expires September 3,2019 Notary Public Legal No.0000971092 Delivered to: CITY OF FC-CLERK-LEGALS 300 LAPORTE AVE Affidavit Prepared FORT COLLINS,CO 80521 Monday,January 11,2016 11:15 am —your eSo-Source ,W I Legal Notices STORMWATER CRITERIA MANUAL TO MODIFY PROVISIONS IMPLE. for the latest... MENTING LOW IMPACT DEVELOPMENT PRIN- CIPLES Legal NoticesORDINANCE NO.008,2016 OF THE COUNCIL OF THE CITY OF FORT COLLINS NOTICE IS HEREBY GIVEN that the AUTHORIZING THE RELEASE OF A Fort Collins City Council, on Tuesday, COVENANT ON January 5,2016, passed and adopted the THE MURPHY CENTER PROPERTY following ordinances on first reading. These ordinances will be presented for ORDINANCE NO.009,2016 final passage on January 19,2016: OF THE COUNCIL OF THE ORDINANCE NO.001,2016 CITY OF FORT COLLINS OF THE COUNCIL OF THE CITY OF PROPERTY GONERTAIN CITY-OWNED FORT COLLINS RUNNING DEER NATURAL AREA AS APPROPRIATING REVENUE IN THE ROAD RIGHT-OF-WAY COMMUNITY CAPITAL IMPROVEMENT FUND FOR INITIA- ORDINANCE NO.010,2016 TION OF THE VARIOUS 2016 AP- OF THE COUNCIL OF THE CITY PROVED PROJECTS, TRANSFER- FORT COLLINS OF RING A PORTION OF THAT APPRO- AMENDING SECTION 15-620 OF THE PRIATION TO THE CAPITAL PROD- CODE OF THE CITY OF FORT ECTS FUND AND A PORTION COLLINS THEREOF TO THE CULTURAL SERV- RELATED TO RETAIL MARIJUANA ICES AND FACILITIES FUND FOR ESTABLISHMENTS' HOURS OF OP- THE ART IN PUBLIC PLACES PRO- ERATION GRAM CONTRIBUTIONS ASSOCIAT. ED WITH THE 2016 APPROVED PROD- The full text of these ordinances can be ECTS found at http://fcg0v.COM/PublicnoticLs or by calling the City Clerk's Office at ORDINANCE NO.002,2016 OF THE COUNCIL OF THE CITY OF 970-227-6515. FORT COLLINS 971092 APPROPRIATING UNANTICIPATED Coloradoan GRANT REVENUE Jan 10,2015 FROM THE CONGESTION MITIGA- TION AND AIR QUALITY GRANT FOR THE EXTENSION OF FLEX REGIONAL ROUTE AND AUTHORIZING SERVICE EXECUTION OF IMPLEMENTING INTERGOVERN- MENTAL AGREEMENTS BY THE CITY MANAGER ORDINANCE NO.003,2016 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROPRIATING UNANTICIPATED GRANT REVENUE IN THE GENERAL FUND FOR THE FORT COLLINS POLICE SERVICES VICTIM SERVICES UNIT ORDINANCE NO.00,1,2016 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING CHAPTER 17 OF THE Fin • CODE OF THE CITY OF FORT COLLINS TO ESTABLISH AN OFFENSE FOR UNDERAGE POSSESSION local OR CONSUMPTION OF ETHYL ALCO- HOL ORDINANCE NO.005,2016 OF THE COUNCIL OF THE CITY OF events FORT COLLINS AMENDING CHAPTER 17 OF THE CODE OF THE CITY OF FORT COLLINS TO BRING THE EXISTING UNDER- AGE CODE OFFENSES FOR POSSES- SION OR CONSUMPTION OF MARI- JUANA INTO CONFORMITY WITH STATE LAW ORDINANCE NO,006,2016 OF THE COUNCIL OF THE CITY OF YOUR VOICE. FORT COLLINS ' 1 AMENDING CHAPTER 26 OF THE CODE OF THE CITY OF FORT COLLINS LOG ON TODAY AND THE FORT COLLINS STORMWATER CRITERIA MANUAL TO MODIFY THE CRITERIA FOR UN- DERGROUND DETENTION SYSTEMS ORDINANCE NO.007,2016 OF THE COUNCIL OF THE CITY OF • • • • i FORT COLLINS AMENDING CHAPTER 26 OF THE CODE OF THE CITY OF FORT COLLINS AND THE FORT COLLINS