It is unlawful for any person to abandon or discard, in any
public or private place accessible to children, any chest, closet,
piece of furniture, refrigerator, icebox, motor vehicle, or other
article having a compartment of a capacity of one and one-half cubic
feet or more and having a door or lid which when closed cannot be
opened easily from the inside, or for anyone, being the owner, lessee
or manager of such place, knowingly to permit such abandoned or discarded
article to remain in such condition.
(Code 1994 § 24-1; Code 1965 § 19-1)
It shall be unlawful for any person to aid or abet another person
to violate or fail to comply with any of the provisions of this chapter
or any other provision of the code of ordinances and the Charter of
the City.
(Code 1994 § 24-2; Code 1965 § 19-80)
It shall be unlawful for any person within this City to disturb
the peace of others. A person disturbs the peace of another when he:
(a) Causes
to be produced or permits unreasonably loud or unusual noises which
seriously inconvenience other persons in the area, including, but
not limited to, the use of televisions, radios, phonographs and amplifiers.
(b) Molests
pedestrians upon the streets, or in other public places, by following
them on foot or in a vehicle or by soliciting them to take rides in
automobiles.
(c) Permits
another to commit an act of disturbing the peace as described in this
section in or upon any premises owned, possessed or under his management
or control when it is in his power to prevent such an act.
(Code 1994 § 24-3; Code 1965 § 19-7)
It shall be unlawful to engage in disorderly conduct in this
City. A person commits disorderly conduct if he knowingly:
(a) Addresses
abusive language or threats to any person present which creates a
clear and present danger of violence.
(b) Fights
with another in a public place.
(c) Without
authorization, alters or befouls public property or the property of
another so as to create a hazardous, unhealthy or physically offensive
condition.
(d) Causes
likelihood of harm or serious inconvenience by failing to obey any
lawful order or command for dispersal by a police officer or fire
fighter where either three or more persons are committing disorderly
conduct, or in the immediate vicinity of fire fighter operations being
conducted.
(Code 1994 § 24-4; Code 1965 § 19-8)
(a) It
shall be unlawful for any person to fire, shoot or discharge any cannon,
gun, pistol or other firearm of any description, or BB gun or pellet
gun whatsoever, whether powered with gunpowder, compressed air, gas
cartridges or spring, within the City limits; however:
(1) The discharge of firearms or weapons by any member of any law enforcement
office, federal, State, County or City, in the course of official
duty, shall not be deemed a violation of this section.
(2) The discharge of firearms or weapons by authorized classes of a law
enforcement agency, Parks and Recreation Department program, schools
or universities at all times under proper instruction and supervision
of shooting ranges as may be authorized or permitted by law shall
not be deemed a violation of this section.
(3) Permission to discharge a firearm or weapon, subject to being revoked
by the City Council at any time, may be granted in writing by the
Chief of Police. Such permission shall limit the time and place of
such firing and specifically set forth the purpose and limitations
for which such permission to discharge a firearm or weapon has been
granted. When the firing of a firearm or weapon is within the authorized
limits, it shall not be deemed a violation of this section.
(b) Any
weapon, firearm, BB gun or pellet gun discharged in violation of this
section shall be confiscated and disposed of by order of the Municipal
Court of the City.
(Code 1994 § 24-5; Code 1965 § 19-54)
It shall be unlawful for any person to throw any stone or other
missile upon or at any building, whether occupied or unoccupied, or
at any motor vehicle, awning or other public or private property in
a manner to injure such property, or upon or at any person whomsoever.
(Code 1994 § 24-6; Code 1965 § 19-24)
(a) It
shall be unlawful to commit theft in the City. A person commits a
theft when the person knowingly obtains or exercises control over
anything of value of another without authorization or by threat or
deception with intent to permanently deprive the person having lawful
dominion, possession or control of the thing of value of its use or
benefit. The Municipal Court shall have jurisdiction where the value
of the thing involved is less than $2,000. For purposes of this section,
the test of value is the reasonable market value of the stolen article
at the time of the commission of the alleged offense. If any person
willfully conceals unpurchased goods, wares or merchandise owned or
held by and offered or displayed for sale by any store or other mercantile
establishment, whether the concealment be on the person or otherwise
and whether on or off the premises of such store or mercantile establishment,
such concealment shall constitute a presumption that the person intended
to commit the crime of theft.
(b) It
shall be unlawful to knowingly transfer a label or other designation
of price from one item to another or alter such label or designation
of price with intent to purchase such item at a lesser cost.
(Ord. 4598, 8-21-13; Ord. 4189, 3-5-08. Code 1994 § 24-7; Code 1965 § 19-22)
It shall be unlawful to commit trespass in the City. “Private
property” within this section shall include private property
where the public is a business invitee. A person commits trespass
if he:
(a) Enters
upon or refuses to leave any private property of another, where such
property has been posted with no trespass signs which are visible
to persons entering upon the private property or which have been posted
at reasonable intervals along the property boundary.
(b) Enters
upon or refuses to leave any private property of another having been
given notice by the owner or person responsible for the property that
such entry or continued presence is prohibited.
(c) Enters
upon or refuses to leave any public or private parking lot during
the hours it is closed to business invitees when such property has
been posted with no parking or no trespassing signs and the hours
such property is closed which are visible to persons entering upon
the property or have been posted at reasonable intervals along the
property boundary.
(d) Enters
upon or refuses to leave any public place after being ordered to do
so by any police officer or fire fighter acting in the course of his
employment and duties.
(e) Refuses
to leave the property of any parochial school, private school or public
school, including a college, where such property is used for the education
of persons, when asked to do so by the principal, teacher, staff member,
or by any person entrusted with the authority to maintain and supervise
the property.
(f) Enters
upon or remains in any of the public cemeteries of the City between
the hours of 10:00 p.m. and 6:00 a.m., unless the person is an employee
of the City acting in the course of his employment.
(Code 1994 § 24-8; Code 1965 § 19-25)
It shall be unlawful for any solicitor or peddler to go upon
any premises within the City, unless invited to do so, for the purpose
of soliciting or peddling where the owner or occupant of such premises
has indicated his desire not to be contacted for such purposes by
the placing of a no solicitors sign on the premises.
(Code 1994 § 24-9; Code 1965 § 17-85)
It is unlawful to prune, plant, cut, break, dig or pull up,
destroy or in any manner injure any tree, shrub, bush, vine, flower,
grass or plant or to injure any of the buildings, structures, signs,
fences, seats, benches, fountains or ornaments of any kind within
any public place, including, but not limited to, public ways, public
parks, etc.
(Code 1994 § 24-10; Code 1965 §§ 20-16, 20-81(a))
It shall be unlawful for any person to willfully, maliciously
or wantonly injure, deface or destroy real property or improvements
thereto; or uncover, remove, displace or mutilate survey monuments
or range stones imbedded in the streets of the City, unless duly authorized
by the City Manager; provided, that where it shall become necessary
for the purpose of grading, paving or other construction activity
to remove or displace such monuments, such displacement or removal
shall be done under the supervision of the City Manager and such monuments
shall be adequately referenced by the City or a registered land surveyor
prior to removal. All survey monuments removed or displaced shall
be replaced at the expense of the contractor or entity responsible
for their removal.
(Code 1994 § 24-11; Code 1965 § 19-5)
It shall be unlawful for any person to knowingly, intentionally,
or recklessly keep any disorderly house, which term is defined as
any structure and/or adjoining property or both which is used, owned,
kept or controlled by such person within this City upon or within
which any drinking of alcohol by a person under the age of 21, quarrelling,
fighting or riotous or disorderly conduct is permitted, allowed, occasioned,
encouraged or suffered.
(Ord. 3201, 11-3-99. Code 1994 § 24-12; Code 1965 § 19-6)
It shall be unlawful for any person other than an official police
officer of the City to wear the uniform apparel and any other insignia
of office like or similar to, or a colorable imitation of, that adopted
and worn by the police officers of the City, or any other law enforcement
agency within the County or of the State, or to impersonate a police
officer or any other officer of the City in any other manner.
(Code 1994 § 24-13; Code 1965 § 19-14)
It shall be unlawful for any person to interfere by use of physical
force with any person duly empowered with police authority, while
such officer, member or person duly empowered with police authority
is discharging or apparently discharging his duties; such interference
shall include physical actions intended to aid a person who is resisting
an arrest or is being arrested.
(Code 1994 § 24-14; Code 1965 § 19-16)
It shall be unlawful to intentionally prevent or attempt to
prevent a police officer, any member of the Police Department, or
any person duly empowered with police authority acting under color
of his official authority from effecting an arrest of the actor by
either using physical force or violence against a peace officer, or
using any other means which creates a substantial risk of causing
physical injury to the police officer. It is no defense to a prosecution
under this section that the police officer was attempting to make
an arrest which in fact was unlawful, if he was acting under color
of his official authority, and in attempting to make the arrest he
was not resorting to unreasonable or excessive force giving rise to
the right of self-defense. A police officer acts “under color
of his official authority” when, in the regular course of assigned
duties, he is called upon to make and does make a judgment in good
faith based upon surrounding facts and circumstances that an arrest
should be made by him.
(Code 1994 § 24-15; Code 1965 § 19-21)
It shall be unlawful to hold any outdoor meeting on public property
to which the general public is invited or permitted to attend, addressed
by one or more speakers, or conduct a processional parade, unless
a permit for such event has been issued by the City. Applications
for such permit shall be made to the City Manager or his designated
agent at least 21 days prior to the event, with a copy sent to the
Fire Department, Police Department, Parks and Recreation Department
and Public Works Department, and shall contain the following information:
(a) A
description of the event.
(b) The
day and hour of the event.
(c) The
location of the event. Should the event be a parade, the preferred
route for a parade in the City shall be from or to Second and Main
Streets to Lincoln Park via Main Street and 12th Street, or any portion
thereof, as this provides the route most easily police controlled.
Variations from this route may be permitted by the City Manager for
good cause shown.
(d) A
reasonable and good faith approximation of the number of persons expected
to attend the event.
(e) A
reasonable and good faith approximation of the number and types of
units expected to participate in the parade.
(f) The
names and addresses of the persons sponsoring the event.
Upon compliance with this section, a permit shall be issued
by the City Manager or his agent.
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(Code 1994 § 24-16; Code 1965 § 19-27)
Certain designated areas on the grounds and inside City Hall
are deemed to be appropriate for speech as defined by the federal
and State courts and the City’s use policy.
With regard to the use of City Hall grounds at City Hall located
at 250 N. 5th St. in Grand Junction, the City Council finds that a
limited public forum should exist on the area known as the “designated
public assembly area.”
The City Council adopts this section in the interest of promoting
among the populace the right to freely assemble and reasonably exercise
the privileges conferred by the First Amendment.
(Res. 18-04, 2-18-04)
It shall be unlawful to commit prostitution in the City. Any
person who performs, offers or agrees to perform or solicits another
person to perform any act of sexual intercourse, oral contact with
the genitals, or stimulation of the genitals with any person not his
spouse, in exchange for money or other things of value, commits prostitution
in the City.
(Code 1994 § 24-17; Code 1965 § 19-18)
It shall be unlawful to commit a lewd or indecent act in the
City. Any person who performs any of the following in a public place
or where the conduct may reasonably be expected to be viewed by members
of the public violates this section:
(a) An
act of sexual intercourse;
(b) An
act of carnal copulation either per anus or per os;
(c) To
willfully or knowingly: be nude; wear any indecent or lewd dress;
make or perform any indecent exposure of such person’s intimate
parts; or to make or perform any indecent exposure of the intimate
parts of another person. For the purposes of this section, “intimate
parts” means the external genitalia, the anus, the buttocks,
the pubes or the breast or breasts of any person;
(d) A
lewd fondling or caress of the body of another person;
(e) Intentional
exposure of genitals to the view of any person;
(g) Aiding,
suffering or permitting in the doing of any of the offenses described
in this section.
(Ord. 3312, 11-15-00; Ord. 3202, 11-3-99. Code 1994 § 24-18; Code 1965 § 19-15)
It shall be unlawful for any person within this City to explode
or set off any explosive material without a permit.
(Code 1994 § 24-19; Code 1965 § 19-10)
(a) No
person shall operate a skate device in any place where there are one
or more signs posted prohibiting such activity. No person shall operate
a skate device in any place in a manner which causes injury to any
person or damage to public or private property.
(b) A
person using a skate device upon any sidewalk, public path, trail
or right-of-way within the City shall use the same in a careful and
prudent manner and at a rate of speed no greater than is reasonable
and proper under the conditions existing at the point of operation,
taking into account the amount and character of pedestrian traffic,
grade and width of sidewalk, path, trail or right-of-way and condition
of the surface thereof, and shall obey all traffic control devices.
Every person using a skate device upon a sidewalk, public path, trail
or other right-of-way shall yield the right-of-way to any pedestrian
thereon.
(c) For
this section, skate device(s) shall include and mean any skateboard(s),
conventional or in-line roller skates, bicycles, electrical assisted
bicycles, electric scooters, or other similar device or apparatus,
all which may be collectively referred to as a skate device or skate
devices.
(Ord. 5084, 7-20-22; Ord. 2861, 8-16-95. Code 1994 § 24-20)
(a) Definitions.
For the purposes of this section, the following
words or phrases shall have the meanings set forth.
Electronic smoking device
means an electric or battery-operated device which can be
used to deliver substances, including but not limited to nicotine,
tobacco, or marijuana, to the person using such device. Electronic
smoking devices shall include, without limitation, electronic cigarettes,
cigars, cigarillos, pipes, and hookahs. An electronic smoking device
includes any component, part or accessory of such device whether or
not sold separately, regardless of nicotine content or any other substance
intended to be vaporized for human inhalation during the use of the
device.
Lighted
means to illuminate by electricity, battery, or fire; to
ignite by electricity, battery or fire; to burn by electricity, battery
or fire; or to emit light by electricity, battery or fire.
Self-service display
means any retail tobacco display to which customers have
direct physical access, including cigarette vending machines.
Smoking
means, but is not limited to:
(1)
The carrying or possession of a smoking instrument in one’s
mouth for the purpose of inhaling or exhaling smoke or vapor or blowing
smoke or vapor rings;
(2)
The placing of a lighted smoking instrument in an ashtray or
other receptacle, and allowing smoke or vapor to diffuse in the air;
(3)
The possession, carrying or placing of a lighted smoking instrument
in one’s hands or any appendage or device and allowing smoke
or vapor to diffuse in the air; or
(4)
The inhaling or exhaling of smoke or vapor from a lighted smoking
instrument.
Smoking instrument
means an instrument of any kind which can be used to deliver
substances, including but not limited to nicotine, tobacco, marijuana,
or any other substance, or a combination thereof to the person using
the instrument. Smoking instrument shall include,
but not limited to, cigarettes, cigars, cigarillos, pipes and hookahs. Smoking instrument shall include electronic smoking devices.
Tobacco product
shall include, but is not limited to, cigars, cigarillos,
chewing tobacco, pipe tobacco, roll-your-own tobacco, snus, bidi,
snuff, tobacco-containing shisha, and dissolvable tobacco product. Tobacco product shall also include electronic smoking devices
that deliver substances to the user by turning liquid into vapor that
is inhaled. Electronic smoking devices include but are not limited
to electronic cigarettes, cigars, cigarillos, pipes, and hookahs.
This definition does not include any products that the Food and Drug
Administration of the United States Department of Health and Human
Services has approved as a tobacco use cessation product.
Vending machine
means any mechanical, electric or electronic self-service
device which, upon insertion of money, tokens or other form of payment,
dispenses a tobacco product.
(b) Furnishing Tobacco Products Prohibited.
(1) Any person who knowingly furnishes any tobacco product to any person
under the MLSA by gift, sale, or any other means commits a violation
hereof.
(2) It shall be an affirmative defense to a prosecution under this section
that the person furnishing the tobacco product was presented with
and reasonably relied upon a document which identified the person
receiving the tobacco product as being 21 years of age or older.
(c) Vending Machines.
It shall be unlawful for any person
to sell a tobacco product by use of a vending machine or other coin-operated
machine; except that cigarettes may be sold at retail through vending
machines only in:
(1) Factories, businesses, offices, or other places not open to the public;
or
(2) Places to which persons under the MLSA are not permitted access.
(d) Retail Sale of Tobacco Products.
(1) It shall be unlawful for any business proprietor, manager, or other
person in charge or control of a retail business of any kind to engage,
employ or permit any person under the MLSA to sell any tobacco product
from such retail business.
(2) It shall be unlawful for any business proprietor, manager or other person in charge or control of a retail business of any kind to use a self-service display of tobacco products or stock a tobacco product in any way which allows a customer to access such tobacco product without first securing the physical assistance of an adult business employee for each transaction. The provisions of this subsection (e)(2) shall not apply to stores possessing a valid retail liquor store license, as defined by the Colorado Liquor Code, issued by the City and to vending machines meeting the requirements of subsection
(d) of this section.
(3) Any person who sells or offers to sell any cigarettes or tobacco
products at retail shall display a warning sign, as specified in this
subsection.
(4) Said warning sign shall be displayed in a prominent place in the
building and on such machine at all times and shall have a minimum
height of three inches and a width of six inches, and shall read as
follows:
WARNING:
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IT IS ILLEGAL FOR ANY PERSON UNDER TWENTY-ONE YEARS OF AGE TO
PURCHASE OR POSSESS CIGARETTES AND TOBACCO PRODUCTS. UPON CONVICTION
A FINE OF UP TO $500 PLUS NOT MORE THAN 48 HOURS OF USEFUL PUBLIC
SERVICE MAY BE IMPOSED.
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(e) Sale of Single Cigarettes Prohibited.
It shall be unlawful
for any business proprietor, manager or other person in charge or
control of a retail business of any kind to sell or offer to sell
single cigarettes or any pack of cigarettes containing fewer than
20 cigarettes.
(f) False or Altered Identification.
It shall be unlawful
for any person under the MLSA to misrepresent that person’s
identity or age, or use any false or altered identification for the
purpose of purchasing any tobacco product.
(g) Penalty.
Any person who violates any provision hereof
is guilty of a petty offense and upon conviction shall be subject
to:
(1) A fine of up to $50.00 for the first offense; a fine of up to $100.00
for the second offense; a fine of up to $500.00 for a third offense;
and up to $1,000 for each subsequent offense; and one year in jail;
(2) Except that a person under the age of 18 years shall not be subject
to any jail time but may be required to pay a fine not to exceed $500.00,
as provided, and may be required to perform not more than 48 hours
useful public service (which may include educational efforts or programs)
or any combination of fine, public service and education.
(h) Savings Clause.
Should any provision of the ordinance
codified in this chapter be found by a court of competent jurisdiction
to be unconstitutional or otherwise unenforceable, the rest of the
provisions thereof shall remain in full force and effect.
(Ord. 4954, 9-2-20; Ord. 4832, 2-20-19; Ord. 3508, 4-2-03; Ord. 3095, 2-17-99. Code 1994 § 24-21)
(a) Definitions.
Alcoholic beverage,
as used in this section, shall mean any vinous, spirituous
or malt liquor and/or any fermented malt beverage, including 3.2 percent
beer, of any kind and in any quantity.
(b) Providing Alcohol to Minor.
(1) It shall be unlawful for any person to knowingly sell, serve, give
away, dispose of, exchange or deliver, or to permit the sale, serving,
giving or procuring of any alcoholic beverage to or for anyone under
the age of 21 years.
(2) It shall be unlawful for any person to knowingly permit any person under the age of 21 years to violate subsections
(c)(1),
(c)(2) or
(d) of this section.
(c) Purchase of Alcohol by Minor.
(1) It shall be unlawful for any person under the age of 21 years to
obtain or attempt to obtain any alcoholic beverage by misrepresentation
of age or any other method in any place selling or providing alcoholic
beverages.
(2) It shall be unlawful for any person under the age of 21 years to
purchase any alcoholic beverage.
(d) Possession or Consumption of Alcohol by Minor.
It shall
be unlawful for a person under the age of 21 years to possess or consume
any alcoholic beverage.
(e) Defenses, Exceptions.
(1) It shall be an affirmative defense to any violation of this section that the person under the age of 21 years was participating in a religious ceremony or practice, or was participating in a supervised and bona fide investigation conducted by a law enforcement agency, or that the conduct was permitted by Articles 46 and/or 47 of Title
12, Colorado Revised Statutes.
(2) Nothing in this section shall prohibit any person under the age of
21 from possessing or consuming any alcoholic beverage in the residence
of the minor’s parent(s) or legal guardian with the knowledge
and permission of, and in the presence and under the supervision of,
the minor’s parent(s) or legal guardian, nor to prohibit any
parent or legal guardian from providing any alcoholic beverage to
their minor child(ren) in their own residence.
(3) It shall be an affirmative defense if the minor establishes the following:
(i) The minor called 911 and reported in good faith that another minor
person was in need of medical assistance due to alcohol or marijuana
consumption;
(ii)
The minor provided the minor’s name to the 911 operator;
(iii)
The minor was the first person to make the 911 report; and
(iv)
After making the 911 call, the minor remained on the scene with
the other minor person needing medical assistance until the assistance
arrived and cooperated with medical assistance or law enforcement
personnel on the scene.
(f) Evidence.
(1) Prima facie evidence of a violation of this section shall consist
of:
(i) Evidence that the person is under 21 years of age and possessed or
consumed an alcoholic beverage anywhere in the City; or
(ii)
Evidence that the person was under the age of 21 years and manifested
any of the characteristics commonly associated with intoxication or
impairment from consuming an alcoholic beverage anywhere in the City.
(2) 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 shall be admissible into evidence, and the
information contained on any such label on such bottle, can, or other
container shall be admissible into evidence and shall not constitute
hearsay. A label which identifies the contents of any bottle, can,
or other container as “beer,” “ale,” “malt
beverage,” “fermented malt,” “malt liquor,”
“wine,” “champagne,” “whiskey”
or “whisky,” “gin,” “vodka,” “tequila,”
“schnapps,” “brandy,” “cognac,”
“liqueur,” “cordial,” “rum,” “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 alcohol.
(g) Penalties.
(1) Each violation of subsection
(b)(1) or
(b)(2) of this section (providing alcohol to a minor) shall be punishable by a fine of up to $1,000, useful public service, up to 30 days in jail, or any combination thereof, in the discretion of the Court.
(2) Each violation of subsection
(c)(1),
(c)(2) or
(d) of this section (purchase, possession or consumption of alcohol by a minor) shall be punishable as follows:
(i) Upon conviction of a first offense, the Court shall sentence the
minor to a fine of not more than $100.00, or the Court shall order
the minor to complete a substance abuse education program, or both.
(ii)
Upon conviction of a second offense, the Court shall sentence
the minor to a fine of not more than $100.00, and the Court shall
order the minor to:
(A)
Complete a substance abuse education program;
(B)
If determined necessary and appropriate, submit to a substance
abuse assessment and complete any treatment recommended by the assessment;
and
(C)
Perform up to 24 hours of useful public service.
(iii)
Upon conviction of a third or subsequent offense, the Court
shall sentence the minor to a fine of up to $250.00 and the Court
shall order the minor to:
(A)
Submit to a substance abuse assessment and complete any treatment
recommended by the assessment;
(B)
Perform up to 36 hours of useful public service.
(Ord. 4637, 9-3-14; Ord. 4321 § 1, 1-21-09; Ord. 3852, 12-21-05. Code 1994 § 24-22)
(a) It
shall be unlawful for any person under the age of 21 years to purchase,
transfer, dispense, or possess two ounces or less of marijuana, and/or
to consume any quantity of marijuana, except as allowed for medicinal
purposes.
(b) It
shall be unlawful for any person under the age of 21 years to openly
and publicly display, consume, or use two ounces or less of marijuana.
(c) Defense, Exception.
It shall be an affirmative defense
if the minor establishes the following:
(1) The minor called 911 and reported in good faith that another minor
person was in need of medical assistance due to alcohol or marijuana
consumption;
(2) The minor provided the minor’s name to the 911 operator;
(3) The minor was the first person to make the 911 report; and
(4) After making the 911 call, the minor remained on the scene with the
other minor person needing medical assistance until the assistance
arrived and cooperated with medical assistance or law enforcement
personnel on the scene.
(d) Evidence.
(1) Prima facie evidence of a violation of this section shall consist
of:
(i) Evidence that the person is under 21 years of age and possessed or
consumed marijuana anywhere in the City; or
(ii)
Evidence that the person was under the age of 21 years and manifested
any of the characteristics commonly associated with intoxication or
impairment from consuming marijuana anywhere in the City.
(2) 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 shall be admissible into evidence, and the
information contained on any such label on such bottle, can, or other
container shall be admissible into evidence and shall not constitute
hearsay. A label which identifies the contents of any bottle, can,
or other container as “marijuana,” “marihuana,”
“cannabis,” “cannabinoid,” “tetrahydrocannabinol,”
or “THC” shall constitute prima facie evidence that the
contents of the bottle, can, or other container was composed in whole
or in part of marijuana.
(e) Penalties.
Each violation of subsection
(a) or
(b) of this section shall be punishable as follows:
(1) Upon conviction of a first offense of either subsection, the Court
shall sentence the minor to a fine of not more than $100.00, or the
Court shall order the minor to complete a substance abuse education
program, or both.
(2) Upon conviction of a second offense of either subsection, the Court
shall sentence the minor to a fine of not more than $100.00, and the
Court shall order the minor to:
(i) Complete a substance abuse education program;
(ii)
If determined necessary and appropriate, submit to a substance
abuse assessment and complete any treatment recommended by the assessment;
and
(iii)
Perform up to 24 hours of useful public service.
(3) Upon conviction of a third or subsequent offense of either subsection,
the Court shall sentence the minor to a fine of up to $250.00 and
the Court shall order the minor to:
(i) Submit to a substance abuse assessment and complete any treatment
recommended by the assessment;
(ii)
Perform up to 36 hours of useful public service.
(Ord. 4637, 9-3-14; Ord. 4597, 8-21-13; Ord. 4321 § 2, 1-21-09; Ord. 3853, 12-21-05. Code 1994 § 24-23)
(a) It
shall be unlawful for any person under the age of 21 years to knowingly
purchase or possess drug paraphernalia.
(b) Drug paraphernalia as used in this section shall mean 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 marijuana into the human body, including but
not limited to:
(1) Testing equipment used, intended for use, or designed for use in
identifying or in analyzing the strength, effectiveness, or purity
of marijuana;
(2) Scales and balances used, intended for use, or designed for use in
weighing or measuring marijuana;
(3) Separation gins or sifters used, intended for use, or designed for
use in removing twigs and seeds from or in otherwise cleaning or refining
marijuana;
(4) Blenders, bowls, containers, spoons, and mixing devices used, intended
for use, or designed for use in compounding marijuana with other substances,
including but not limited to foods;
(5) Capsules, balloons, envelopes and other containers used, intended
for use, or designed for use in packaging small quantities of marijuana;
(6) Containers and other objects used, intended for use, or designed
for use in storing or concealing marijuana; or
(7) Objects used, intended for use, or designed for use in ingesting,
inhaling, or otherwise introducing marijuana into the human body,
such as:
(i) Metal, wooden, acrylic, glass, stone, plastic, or ceramic pipes with
or without screens, permanent screens, hashish heads, or punctured
metal bowls;
(iii)
Carburetion tubes and devices;
(iv)
Smoking and carburetion masks;
(v) Roach clips, meaning objects used to hold a burning marijuana cigarette
that has become too small or too short to be held in the hand;
(c) In
determining whether an object is drug paraphernalia, a court, in its
discretion, may consider, in addition to all other relevant factors,
the following:
(1) Statements by the owner or by anyone in control of the object concerning
its use;
(2) The proximity of the object to marijuana;
(3) The existence of any residue of marijuana 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 unreasonably
should know, that it will be delivered to persons who 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, which shall be admissible and shall not constitute hearsay;
(6) Descriptive materials accompanying the object which explain or depict
its use, which shall be admissible and shall not constitute hearsay;
(7) National or local advertising concerning its use, which shall be
admissible and shall not constitute hearsay;
(8) The manner in which the object is displayed;
(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) 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 this section. Such hearing shall be conducted in camera.
(e) Defense, Exception.
It shall be an affirmative defense
if the minor establishes the following:
(1) The minor called 911 and reported in good faith that another minor
person was in need of medical assistance due to alcohol or marijuana
consumption;
(2) The minor provided the minor’s name to the 911 operator;
(3) The minor was the first person to make the 911 report; and
(4) After making the 911 call, the minor remained on the scene with the
other minor person needing medical assistance until the assistance
arrived and cooperated with medical assistance or law enforcement
personnel on the scene.
(f) Penalties.
Each violation of this section shall be punishable
as follows:
(1) Upon conviction of a first offense of either subsection, the Court
shall sentence the minor to a fine of not more than $100.00, or the
Court shall order the minor to complete a substance abuse education
program, or both.
(2) Upon conviction of a second offense of either subsection, the Court
shall sentence the minor to a fine of not more than $100.00, and the
Court shall order the minor to:
(i) Complete a substance abuse education program;
(ii)
If determined necessary and appropriate, submit to a substance
abuse assessment and complete any treatment recommended by the assessment;
and
(iii)
Perform up to 24 hours of useful public service.
(3) Upon conviction of a third or subsequent offense of either subsection,
the Court shall sentence the minor to a fine of up to $250.00 and
the Court shall order the minor to:
(i) Submit to a substance abuse assessment and complete any treatment
recommended by the assessment;
(ii)
Perform up to 36 hours of useful public service.
(Ord. 4637, 9-3-14; Ord. 3853, 12-21-05. Code 1994 § 24-24)
(a) It
is unlawful for any person to stand on or occupy a median, other than
as a pedestrian in the act of crossing a street, for any purpose.
No person may use a median to conduct political campaign activities
or to solicit employment, business, contributions of any kind or sales
of any kind and/or to collect money for the same from the operator
or any occupant of a motor vehicle traveling upon any street, roadway
or highway within the City.
For purposes of this section a median shall
be defined as any island or street divider, including but not limited
to areas that are landscaped, painted or otherwise constructed, that
separate traffic for vehicular travel into opposite or different directions.
For purposes of this section solicit means
asking for money or things of value. Soliciting includes using the
spoken, written or printed word; gestures, signs or other means to
obtain or try to obtain a donation of money or other thing(s) of value
or the sale or receipt of goods or services.
(b) Penalties.
Any violation of the provisions of this section constitutes a misdemeanor punishable in accordance with the penalties provided in GJMC §
1.04.090.
(c) Severance.
If any section, sentence, clause or phrase
of this section is held invalid or unconstitutional by a court of
competent jurisdiction, it shall in no way affect the validity of
any remaining portions of this law.
(Ord. 4382, 9-2-09. Code 1994 § 24-26)
(a) The
City Council does find and declare that it is the right of every person
to be secure and protected from intimidation and physical harm resulting
from activities associated with panhandling.
(b) This
chapter is not intended to interfere with the exercise of constitutionally
protected rights of freedom of expression, speech and association;
and the City Council does recognize the constitutional right of every
citizen to harbor and express beliefs on any subject whatsoever and
to lawfully associate with others.
(c) Citizens
of the City are concerned as a result of behaviors by individual persons
and groups of persons who aggressively panhandle, who accost captive
audiences, and who create safety risks along and on public roads,
which activities are not constitutionally protected and which present
a clear and present danger to public order and safety.
(d) This
chapter is also intended to provide for safe and orderly panhandling
during times and at places which protect the safety of the public
while allowing for individual expression within the boundaries of
the City.
(e) This
chapter is not intended to interfere with or limit the rights of property
owners to license their premises for solicitation activities, but
only to regulate activities on public property.
(f) This
chapter regulates the stopping, accosting or approaching someone for
the purpose of soliciting him or her at certain times and places and
in certain ways, without regard to the content of the message for
which things of value may be solicited, and is not intended to be
enforced in any manner that distinguishes conduct based on the content
of the message delivered.
(g) Ordinance
No. 4627 amends Ordinance No. 4618 on an emergency basis to protect
governmental resources from being expended in litigation, and because
this ordinance limits, rather than expands, governmental intrusion
on private behavior, the City Council finds that the issues were fully
and sufficiently vetted in the public hearing process involved in
the passage of Ordinance No. 4618.
(h) Although
this chapter eliminates a certain previously adopted restriction on
solicitation of at-risk individuals, the interests of such individuals
are still subject to the protections of the chapter addressing unwanted
or aggressive solicitation behaviors.
(Ord. 4627, 4-2-14; Ord. 4618, 2-19-14)
As used in this chapter the following words are defined as follows:
Knowingly
shall mean, with respect to the conduct or circumstances
described in this chapter, that a person is aware that such person’s
conduct is of that nature or that the circumstances exist. With respect
to a result of such conduct, knowingly means that
a person is aware that such person’s conduct is practically
certain to cause the result.
Obscene
shall mean a blatantly offensive description of a sexual
act or solicitation to commit a sexual act, whether or not such sexual
act is normal or perverted, actual or simulated, including but not
limited to masturbation, cunnilingus, fellatio, anilingus or human
excretory functions.
Obstruct
shall mean to render impassible or to render passage unreasonably
inconvenient or hazardous.
Panhandle/panhandling
shall mean to knowingly approach, accost or stop another
person in a public place and solicit that person without that person’s
consent, whether by spoken words, bodily gestures, written signs or
other means, for money, employment or other thing of value.
(Ord. 4627, 4-2-14; Ord. 4618, 2-19-14)
City Council hereby declares that a special emergency exists
and that this chapter is necessary to ensure the preservation of the
peace and the public health, safety and welfare by effectuating the
Council’s publicly articulated purposes as stated herein and
before of adopting an ordinance for the regulation of panhandling
activities in public places. In declaring a special emergency, and
by and with the adoption of this chapter, the City Council is conscientiously
stewarding the public’s funds by reducing, managing and minimizing
legal claims. The ordinance codified in this chapter, immediately
on its final passage, shall be recorded in the City book of ordinances
kept for that purpose, authenticated by the signatures of the Mayor
and the City Clerk. The full text of the amending ordinance, in accordance
with the Charter of the City of Grand Junction, is to be published
in full.
This chapter shall apply to the City of Grand Junction. The
ordinance codified in this chapter shall take effect immediately upon
passage.
(Ord. 4627, 4-2-14; Ord. 4618, 2-19-14)
It shall be unlawful for any person to panhandle:
(a) One-half
hour after sunset to one-half hour before sunrise;
(b) If
the person panhandling knowingly engages in conduct toward the person
solicited that is intimidating, threatening, coercive or obscene and
that causes the person solicited to reasonably fear for his or her
safety;
(c) If
the person panhandling directs fighting words to the person solicited
that are likely to create an imminent breach of the peace;
(d) If
the person panhandling knowingly touches or grabs the person solicited;
(e) If
the person panhandling knowingly continues to request the person solicited
for money or other thing of value after the person solicited has refused
the panhandler’s initial request;
(f) In
such a manner that the person panhandling obstructs a sidewalk, doorway,
entryway, or other passage way in a public place used by pedestrians
or obstructs the passage of the person solicited or requires the person
solicited to take evasive action to avoid physical contact with the
person panhandling or with any other person;
(g) Within
20 feet of an automatic teller machine or of a bus stop;
(i) In
a parking garage, parking lot or other parking facility;
(j) When
the person solicited is present within the patio or sidewalk serving
area of a retail business establishment that serves food and/or drink,
or waiting in line to enter a building, an event, a retail business
establishment, or a theater.
(Ord. 4627, 4-2-14; Ord. 4618, 2-19-14)
It shall be unlawful for any person to panhandle or to solicit
employment, business contributions or sales of any kind, or to collect
money for the same, directly from the occupant of any vehicle traveling
upon any public street or highway when:
(a) Such
panhandling, solicitation or collection involves the person performing
the activity to enter onto the traveled portion of a public street
or highway to complete the transaction, including, without limitation,
entering onto bike lanes, street gutters or vehicle parking areas;
or
(b) The
person performing the activity is located such that vehicles cannot
move into a legal parking area to safely complete the transaction.
(Ord. 4627, 4-2-14; Ord. 4618, 2-19-14)
Violation of any provision of this chapter shall constitute a misdemeanor and shall be punishable in accordance with the penalties provided in GJMC §
1.04.090.
(Ord. 4627, 4-2-14; Ord. 4618, 2-19-14)
This chapter is necessary to protect the public health, safety
and welfare of the residents of the City. If any provision of this
chapter is found to be unconstitutional or illegal, such finding shall
only invalidate that part or portion found to violate the law. All
other provisions shall be deemed severed or severable and shall continue
in full force and effect.
(Ord. 4627, 4-2-14; Ord. 4618, 2-19-14)