HomeMy WebLinkAboutbocc.ord.002.2011 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
PITKIN COUNTY, COLORADO PROHIBITING THE CONSUMPTION OF
ALCOHOL ON UNLICENSED PUBLIC PREMISES FOR THE DURATION OF
THE 2011 WINTER X -GAMES
ORDINANCE NO. de1 j.- 2011
RECITALS
1. Section 30 -35 -301 C.R.S. authorizes Home Rule counties to make and
publish ordinances to discharge the powers conferred&upon such counties by law. Pitkin
County is a Home Rule County.
2. Section 30 -25 -402, C.R.S. specifies that any person who violates any
county ordinance commits a Class 2 Petty Offense and that a penalty assessment
procedure shall be followed if specified by the county ordinance.
3. The purpose of this Ordinance is to regulate the possession and
consumption of alcoholic beverages in public places within Pitkin County for the duration
of the 2011 Winter X -Games events, which are held at Buttermilk Mountain, Aspen.
4. In the past, public conduct related to inebriated persons presenting at the
Winter X -Games created numerous problems.
5. The BOCC has adopted ordinances prohibiting possession and
consumption of alcoholic beverages on unlicensed public premises throughout the County
for the duration of the Winter X -Games since the year 2008, which has led to a significant
reduction in alcohol related incidents at the events. Therefore, the County will once again
enforce this regulation for the duration of the 2011 Winter X- Games, including practice
sessions during the week prior to the opening of the games. The 2011 Winter X -Games
will be held from January 27 -30, 2011. Practice sessions typically begin early in the
week prior to the opening of the games.
6. This Ordinance applies to Pitkin County in its entirety, including any
shuttle parking lots established for the events as persons have been known to consume
alcohol both at the event venue itself and at various public locations throughout the
County prior to arriving at the event venue.
7. The Board finds that it is unlawful to consume malt, vinous, or spirituous
liquor in any public place except on any licensed premises pursuant to C.R.S. § 12 -47-
901.
8. This Ordinance becomes effective on January 23, 2011 and it will sunset
at 12:01 a.m. on January 31, 2011.
Ordinance No. GG 3 - 2011
Page 2
9. The BOCC finds that adoption of this ordinance is necessary for the
immediate preservation of the public health, safety and welfare of the citizens of Pitkin
County.
NOW THEREFORE, be it ordained by the Board of County Commissioners of
Pitkin County, Colorado that it hereby adopts and enacts the following regulations
pertaining to the public consumption of malt, vinous or spirituous liquors in public
places. This Ordinance shall be effective beginning January 23, 2011 and shall sunset
and repeal without further action of the Board of County Commissioners of Pitkin
County, Colorado at 12:01 a.m. on January 31, 2011.
PROHIBITION OF PUBLIC CONSUMPTION OF ALCOHOL
ON UNLICENSED PREMISES
1. DEFINITIONS
A) For purposes of this Ordinance alcoholic beverages means any fermented
malt beverage or any malt, vinous or spirituous liquors as defined under
the Colorado Liquor Code.
B) For purposes of this Ordinance container means any enclosing structure or
vessel including but not limited to decanter, flask, bottle, jar, thermos,
bottle, cup, can, jug or hydration vessel.
C) For purposes of this Ordinance public place means:
1) In or on any public highway, street, walkway, parking lot, building,
park, open space or other public property, whether in a vehicle or not.
2) In or on those portions of any private property upon which the public
has an express or implied license to enter or remain.
3) In or on any other private property without the express or implied
permission of the owner or person in possession and control of such
property.
4) In any vehicle whether the vehicle is traveling upon public or private
highways and roads within Pitkin County or parked in any location.
D) For purposes of this Ordinance, opened container means any container
other than the original closed container as sealed or closed for sale to the
public by the manufacturer or bottler of the liquor or beverage. If an
original container has been unsealed or opened in any manner it is
considered an open container for purposes of this section.
2. POSSESSION AND CONSUMPTION OF ALCOHOLIC BEVERAGES IN
PUBLIC PLACES PROHIBITED
Ordinance No. 003 - 2011
Page 3
A) No person within Pitkin County shall possess an opened container of, or
consume any malt, vinous, or spirituous liquor or fermented malt in a
public place, except in premises licensed for consumption of liquor or
beverage involved or for events licensed with a Pitkin County Special
Event Permit to be conducted in a public place, and specifically licensed to
provide alcoholic beverages at such event.
B) Any Colorado Peace Officer is authorized to enforce this Ordinance and to
seize any malt, vinous or spirituous liquor or fermented malt possessed in
violation of this section. If circumstances reasonably permit, the officer
may require the possessor to leave the prohibited area with the alcoholic
beverage or require the possessor to abandon the beverage to the officer
for destruction, at such person's option.
3. VIOLATIONS- PENALTIES
A) Violation of any part of this Ordinance shall be a Class 2 Petty Offense
with a maximum fine not to exceed $250. Any Colorado Peace Officer
shall be authorized to serve a Summons and Complaint or Penalty
Assessment, at his /her discretion, on any Person who violates the
provisions of this Ordinance. Summonses and Complaints shall be
referred to the District Attorney for prosecution in Pitkin County Court.
Non payment of a Penalty Assessment shall result in prosecution of the
Penalty Assessment as a Summons and Complaint pursuant to § 16 -2 -201,
C.R.S., as amended.
B) Any person who aids, assists or abets any person in violation of this
Ordinance shall be subject to the same penalties specified in paragraph A
of this section.
C) Proceeds from penalty payments relative to this Ordinance shall be
forwarded to the Board of County Commissioners of Pitkin County,
Colorado for inclusion within the County general fund pursuant to C.R.S.
§30 -15 -402.
INTRODUCED AND APPROVED AT THE REGULAR MEETING ON
THE 15 DAY OF DECEMBER 2010 AND SET FOR SECOND READING AND
PUBLIC HEARING ON THE 12 DAY OF JANUARY 2011.
NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES
WEEKLY ON 2 1.41) DAY OF JANUARY 2011.
ADOPTED AFTER SECOND READING AND PUBLIC HEARING ON
THE 12 DAY OF JANUARY 2011.
3
Ordinance No CO3 - 2011
Page 4
PUBLISHED AFTER ADOPTION IN THE ASPEN TIMES WEEKLY ON
THE DAY OF 2011.
itoar
THIS ORDINANCE IS EFFECTIVE UPON ADOPTION.
ATTEST: BOARD OF COUNTY
COMMISSIONERS OF PITKIN
COUNTY, COLORADO
J"
to Jones / Rae 1 E. Richari Choi oman
Dep �ty Clerk Date: 01 I
AP ROVED AS TO FORM:
John M. Ely Jon Peacock
County ey County Manager