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Home My WebLink About004 - 01/19/2016 - AMENDING CHAPTER 17 OF CITY CODE TO ESTABLISH AN OFFENSE FOR UNDERAGE POSSESSION OR CONSUMPTION OF E 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 ALCOHOL WHEREAS, Section 17-141 of the City Code prohibits all 'persons from carrying or drinking liquor or fermented malt beverages in certain places; and WHEREAS, the City Code does not currently include a provision related to underage possession or consumption of alcohol; and WHEREAS, incidents of illegal possession and consumption of alcohol by persons under twenty-one years of age in the City have increased; and WHEREAS, the City seeks to deter such incidents by including a specific provision in the City Code designed to apply to persons under twenty-one years of age who possess or consume alcohol. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: 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 17-141 of the Code of the City of Fort Collins is hereby amended by the addition of two new definitions, "Ethyl alcohol" and "Possession of ethyl alcohol" which read in their entirety as follows: Ethyl alcohol shall mean any substance which is or contains ethyl alcohol and includes fermented malt beverage, malt liquor, vinous liquor and spirituous liquor as defined in the Colorado Beer Code and the Colorado Liquor Code. Possession of ethyl alcohol shall mean that a person has or holds any amount of ethyl alcohol anywhere on his or her person, or that a person owns or has custody of ethyl alcohol, or has ethyl alcohol within his or her immediate presence.and control. Section 3. That Chapter 17 *of Article IX of the Code of the City. of Fort Collins is, hereby amended by the addition of a new Section 17-167 which reads in its entirety as follows: Sec. 17.167. Underage possession or consumption of alcohol prohibited. (a) No person under twenty-one (21) years of age may: (1) Obtain or attempt to obtain any ethyl alcohol by misrepresentation of age or by any other method in any place where ethyl alcohol is sold; or - 1 - (2) Possess or consume any ethyl alcohol anywhere in the City. (b) A violation of any provision of subsection (a) of the section shall be a strict liability offense. It shall be an affirmative defense to the offenses described in subsection (a)(1) and (a)(2) above that the ethyl alcohol was possessed or consumed by a person under twenty-one (21) years of age under the following circumstances: (1) The person was legally upon private property with the knowledge and consent of the owner or legal possessor of such private property and the ethyl alcohol was possessed or consumed with the consent of his or her parent or legal guardian who was present during such possession or consumption; (2) The existence of ethyl alcohol in a person's body was due solely to the ingestion of a confectionery which.contained ethyl alcohol within the limits prescribed by section 25-5-410(1)(i)(II), C.R.S.; or the ingestion of any substance which was manufactured, designed, or intended primarily for a purpose other than oral human ingestion; or the ingestion of any substance which was manufactured, designed, or intended solely for medicinal or hygienic purposes; or solely from the ingestion of a beverage which contained less than one-half of one percent of ethyl alcohol by weight; (3) The person was a student who tasted but did not imbibe an alcohol beverage only while under the direct supervision of an instructor. Such instructor must have been at least twenty-one (21) years of age and employed by a post- secondary school. Such student shall have been enrolled in a university or a post- secondary school accredited or certified by an agency recognized by the United States department of education, or a nationally recognized accrediting agency or association, or the "Private Occupational Education Act of 1981", article 59 of title 12, C.R.S. Such student must have participated in a culinary arts, food service, or restaurant management degree program, and must have tasted but not imbibed the alcohol beverage for instructional purposes as a part of a required course in which_ the alcohol beverage, except the portion the student tasted, remained under the control of the instructor; (4) The possession or consumption takes place for religious purposes protected by the First Amendment of the United States Constitution; or (5) The person is participating in a supervised and bona fide investigation conducted by a law enforcement agency. (c) 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 alcohol consumption; - 2 - (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 underage person in need of:medical assistance until assistance arrived and cooperated with medical assistance or law enforcement personnel on the scene. (d) The testimony regarding the label of a bottle, can or other container will not constitute hearsay. (e) 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," "gin," "vodka," "tequila," "schnapps," "brandy," "cognac," "liqueur," "cordial," "alcohol," or "liquor" shall constitute primae facie evidence that the contents of the bottle, can or other container was composed in whole or part of ethyl alcohol. (f) Evidence that the defendant was under the age of twenty-one (21) years, and manifested any of the characteristics commonly associated with ethyl alcohol intoxication or impairment while present anywhere in the City, shall be prima facie evidence of the violation of subsection(a) (2). (g) The Municipal Court shall report violations of This Section and the failure to complete an alcohol education program to the Colorado Department of Revenue pursuant to C.R.S., 42-2-131. (h) 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 Section, 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. 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. 1,, •;<< Mayor ATTEST: IS MO City Clerk - 3 - Passed and adopted on final reading on the 19th day of January, A.D. 2016. J Mayor ATTEST: •:�o k'� <� �L =Z :y r co, City Clerk - 4 - 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