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Home My WebLink Aboutbocc.ord.002.2014AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO PROHIBITING BOTH THE CONSUMPTION OF ALCOHOL ON UNLICENSED PUBLIC PREMISES, AND THE PUBLIC CONSUMPTION OF MARIJUNANA, FOR THE DURATION OF THE 2014 ESPN WINTER X GAMES ORDINANCE NO. (-)Of - 2014 RECITALS I . 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 30-15-402, 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 and marijuana in public places within Pitkin County for the duration of the 2014 ESPN Winter X Games (X Games), which are being held on Buttermilk Mountain from January 23 through January 26, 2014. 4. In the past, public conduct related to inebriated persons presenting at the Winter X Gaines 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 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. 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 rinds 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; or to openly and publicly display, use or consume marijuana, pursuant to C.R.S. § 18-18-406 (11)(b)(1). 8. This Ordinance becomes effective at 12:01 a.m. on January 23, 2014, and it will sunset at 12:01 a.m. on January 27, 2014. Ordinance No. &10( -2014 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, and the open and public display, use or consumption of marijuana. This Ordinance shall be effective beginning at 12:01 a.m. January 23, 2014, 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 27, 2014. PROHIBITION OF PUBLIC CONSUMPTION OF ALCOHOL ON UNLICENSED PREMISES 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 marijuana means all parts of the plant of the genus cannabis whether growing or not, the seeds thereof, the resin extracted from any part of the plant, and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or its resin, including marijuana concentrate. D) 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. E) 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 91 Ordinance No.00( -2014 Page 3 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 AND MARIJUANA IN PUBLIC PLACES PROHIBITED 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) No person within Pitkin County shall openly and publicly display, consume or use marijuana. C) Any Colorado Peace Officer is authorized to enforce this Ordinance and to seize any malt, vinous or spirituous liquor or fermented malt or marijuana 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 and marijuana 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 18r" DAY OF DECEMEBER, 2013, AND SET FOR SECOND READING AND PUBLIC HEARING ON THE 8TH DAY OF JANUARY 2014. 9 Ordinance No. -2014 Page 4 NOTICE OF PUBLIC HEARING AND TITLE AND SHORT SUMMARY OF THE ORDINANCE PUBLISHED IN THE ASPEN TIMES WEEKLY ON DECEMBER 26, 2013. NOTICE OF PUBLIC HEARING AND THE FULL TEXT OF THE ORDINANCE POSTED ON THE OFFICIAL P TKIN COUNTY WEBSITE ( www.asoenl)itkin.coni ) ON THE ;27"- DAY OF 2013. ADOPTED AFTER FINAL READING AND PUBLIC HEARING ON THE 81.1' DAY OF JANUARY 2014. PUBLISHED BY TITLE AND SHORT SUMMARY, AFTER ADOPTION, IN THE ASPEN TIMJ S WEEKLY ON THE 16 t4 DAY OF lik,,006-r q 2014. a t�` e ( trm1tL- Cvoit-r io' moi THIS ORDINANCE IS EFFECTIVE UPON ADOPTION. ATTEST: APPROVED AS TO FORM: BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO 5l ulf4A F- &V V' Robert A. Ittner, Jr., Chair Date: /--�%-- �:)-o/y on Peacock County Manager