HomeMy Public PortalAboutOrdinance 420 Amending Sections 10-3-30 & 10-3-40 Concerning Penalties for Possession & Open & Public Consumptionof Marijuana TOWN OF FRASER
ORDINANCE NO. 420
SERIES OF 2014
AN ORDINANCE AMENDING SECTION 10-3-30 AND 10-3-40 OF THE FRASER MUNICIPAL
CODE CONCERNING PENALTIES FOR THE POSSESSION AND OPEN AND PUBLIC
CONSUMPTION OF MARIJUANA
WHEREAS, in 2012, Colorado voters passed Amendment 64, which amended Article
XVIII of the Colorado Constitution by the addition of a new section 16 regarding the personal use
and regulation of marijuana;
WHEREAS, Amendment 64 permits the possession, use, display, purchase or
transportation of marijuana accessories and one ounce or less of marijuana by persons
twenty-one (21) years of age and older;
WHEREAS, in 2013, and in light of Amendment 64, the General Assembly repealed and
reenacted C.R.S. § 18-18-406, which provides for the maximum penalties to be assessed under
state law for the possession and open and public display or consumption of marijuana; and
WHEREAS, it is the desire of the Board of Trustees for the Town of Fraser to reconcile
the Fraser Municipal Code with C.R.S. § 18-18-406 and to clarify the Town's penalty provisions
concerning the possession and open and public display and consumption of marijuana.
Chapter 10 Article 3 Sections 30 and 40 of the Code of the Town of Fraser, Colorado (herein
sometimes referred to as the "Municipal Code") is hereby amended as follows: [Note:
additions are shown in black bold underlined print; deletions are shown as print:
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF
FRASER, COLORADO, AS FOLLOWS:
Section 1: Subsection (g) of Section 10-3-30 of the Fraser Municipal Code is hereby
amended to read as follows:
10-3-30: Unlawful Possession or use of Marijuana; penalties
(g) Any person found guilty of a violation of this Section shall be punished, upon
conviction, by fine in the amount of one hundred dollars ($100.00) and up to twenty-four (24)
hours of community service.
Section 2: Subsection (b) of Section 10-3-40 of the Fraser Municipal Code is hereby
amended to read as follows:
(b) Any person found guilty of a violation of this Section shall be punished, upon
conviction, by fine in the amount of one hundred dollars ($100.00) and up to twenty-four (24)
hours of community service.
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REPEAL. Any and all existing ordinances or parts of ordinances of the Town of Fraser covering
the same matters as embraced in this Ordinance are hereby repealed and all ordinances or parts
of ordinances inconsistent with the provisions of this ordinance are hereby repealed; provided,
however, that such repeal shall not affect or prevent the prosecution or punishment of any person
for any act done or committed in violation of any ordinance hereby repealed prior to the taking
effect of this Ordinance.
SEVERABILITY. If any section, subsection, sentence, clause or phrase of this Ordinance is, for
any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or
constitutionality of the remaining portions of this Ordinance. The Town of Fraser hereby
declares that it would have adopted this Ordinance, and each section, subsection, clause or
phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences,
clauses and phrases thereof be declared invalid or unconstitutional.
EFFECTIVE DATE. This Ordinance shall take effect thirty(30)days after passage, adoption and
publication thereof as provided by law.
PUBLICATION. This Ordinance shall be published by title only
READ, PASSED, ADOPTED AND ORDERED PUBLISHED BY THE BOARD OF TRUSTEES
AND SIGNED THIS 26th DAY of MARCH, 2014.
Votes in favor: BOARD OF TR EES OF HE
Votes opposed: *g TOWN F RAS , C1OLORADO
Votes abstained:
BY:
Peggy yor
ATTEST:
( SEAL )
Lu Berger, Town Clerk
Published in the Middle Park Times on April 3, 2014.
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