HomeMy WebLinkAbout029 - 03/13/1979 - PROVIDING FOR THE SUBMISSION OF AN INITIATED MEASURE TO A VOTE OF THE QUALIFIED ELECTORS OF THE CITY ORDINANCE NO 299 1979
BEING AN ORDINANCE OF THE COUNCIL OF THE
CITY OF FORT COLLINS PROVIDING FOR THE
SUWiTSSION OF AN INITIATED MEASURE TO A VOTE
OF THE QUALIFIED ELECTORS OF THE CITY
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS that the
following initiated measure shall be submitted to a vote of the qualified
electors of the City of Fort Collins at the General City Election to be
held in the several precincts of the City of Fort Collins, Colorado, on
Tuesday, the 3rd day of April , 1979
1
BEING AN ORDINANCE AMENDING SECTION 84-2
OF THE CODE OF THE CITY OF FOPT COLLINS
RELATING TO THE POSSESSION, USE OR
DISTRIBUTION OF NO MORE THAN ONE OUNCE OF
MARIJUANA AND SETTING A PENALTY THEREFOR
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS that Section 8n-2 of the Code of the City of Fort
Collins be, and it hereby is, amended by the addition
thereto of the following subsection
L Posession of One Ounce or Less of
Marijuana
(1 ) No person shall possess, control ,
use, or give away cannabis, which
is defined as all parts of the
plant, Cannabis Sativa L , whether
growing or not, its seeds or resin,
and every compound, manufacture,
salt , derivative , mixture, or
preparation with the above, unless
such possession, control , use or
sale is pursuant to a license or
prescription as provided in C P, S
12-22-408 , as amended This
definition does not include the
nature Malls of the plant ,
fiber produced from the stalks, oil
or cake made from the seeds of the
plant, or any other compounds ,
manufacture, sale, derivative,
mixture or preparation of the
mature stalks, except resin ex-
tracted therefrom, fiber, oil or
cake, or the sterilised seed of the
plant which is incapable of ger-
mination
(2) Any violation of possession of not
more than one (1 ) ounce of cannabis
shall be subject to a sentence of
up to FIVE DOLLARS ( $ 5 00 ) ,
including judgment fees and costs,
and no probation or any other
punative or rehabilitative measure
shall be imposed, provided however,
that this Section shall not be
construed to prohibit deferred
sentencing The Municipal Court
Clerk shall accept any plea of
guilty in the same manner as
parking tickets are paid at the
Municipal Finance Department, as of
May 1 , 1979 Persons pleading
guilty of violations of this
Article shall be allowed to tender
the sum of FIVE DOLLARS ($5 00) to
the Municipal Finance Department as
a full and complete satisfaction
and discharge of liability, and no
appearance before a Municipal Judge
or any other judicial officer shall
be required In any prosecution
for violations of this Article, the
burden of establishing any license
or prescription shall be upon the
Defendant but this does not shift
the burden of proof for the viola-
tion
(3) No Fort Collins police officer, or
his or her agent, shall complain of
the possession, control , use, or
givinq away of cannabis to any
other authority except the Fort
Collins City Attorney, and the City
Attorney shall not refer any said
complaint to any other authority
for prosecution
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(4) Should the State of Colorado enact
lesser penalties than set forth in
( 2 ) above , or entirely repeal
penalties for the possession ,
control , use, aivino away, or sale
of cannabis, then this Article, or
the relevant portions thereof shall
be null and void
Introduced, considered favorably on first reading this
27th day of February, A D 1979, and to be presented for
final passage on the 13th day of March, A D 1979
Mayor
ATTEST
City Clerk
Passed and adopted on second reading this 13th day of
March, A D 1979
Mayor
ATTEST
City Clerk"
Introduced, considered favorably on first reading this 27th day of
February, A D 1979, and to be presented for final passage on the 13th day
of March, A D 1979 00�
� yor ASSIS ANT
tTEST
City C erk
Passed and adopted on second reading this/13th day of March, A
1979
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Cit ClerK
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