HomeMy WebLinkAboutbocc.ord.009.2019AN EMERGENCY ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY, COLORADO, PROHIBITING PUBLIC CONSUMPTION OF
BOTH ALCOHOL AND MARIJUANA ON UNLICENSED PUBLIC PREMISES FOR
THE DURATION OF THE APRES MUSIC FESTIVAL TO BE HELD ON APRIL 5, 6
AND 7, 2019, AT THE BASE OF BUTTERMILK MOUNTAIN
ORDINANCE NO. e 0 9 -2019
RECITALS
WHEREAS, Pursuant to 30-35-301 C.R.S., the Board of County Commissioners (`BOCC") of
Home Rule Counties is authorized to make and publish ordinances for carrying into effect or
discharging the powers and duties conferred upon such counties by law and as seems necessary.
WHEREAS, Pursuant to Section 2.8.2 of the Home Rule Charter ("HRC"), the Board of County
Commissioners is authorized to take official action by Emergency Ordinance on matters where
action is prescribed pursuant to the Colorado Revised Statutes as amended.
WHEREAS, 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.
WHEREAS: The Aspen Skiing Company applied for a special event permit from the Pitkin
County Development Department for the Apres Music Festival to be held on April 5, 6, and 7,
2019, at the base of Buttermilk Mountain.
WHEREAS, The BOCC 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. § 44-3-901 or to openly and
publicly display, use or consume marijuana pursuant to C.R.S. § 18-18-406 (III) (b) (I). Such
restrictions are further defined in Attachment "A" attached hereto.
WHEREAS, The BOCC has adopted past ordinances prohibiting possession and consumption of
alcoholic beverages on unlicensed public premises throughout the County for the duration of the
X Games (held at the base of Buttermilk) since the year 2008, which has led to a significant
reduction in alcohol related incidents at the events, and finds that it is necessary to adopt a
similar ordinance for the Apres event.
WHEREAS, 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.
WHEREAS, This Ordinance becomes effective at 12:01 on the first date of the event and will
sunset at 12:01 a.m. following the last day of the event.
WHEREAS, 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 and
therefore, declares this ordinance and legislation to be effective immediately pursuant to HRC
Section 2.8.2.
NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Pitkin
County, Colorado that it hereby adopts an Ordinance Prohibiting the Public Consumption of both
Alcohol and Marijuana on Unlicensed Public Premises for the Duration of the Apres Music
Festival to be held on April 5, 6, 7, 2019 at the Base of Buttermilk and authorizes the Chair or
the Chair's designee to sign the Ordinance and upon the satisfaction of the County Attorney as to
form, execute any other associated documents necessary to complete this matter.
ATTACHMENT "A"
PROHIBITION OF PUBLIC CONSUMPTION OF ALCOHOL ON UNLICENSED
PREMISES
1. DEFINITIONS
A. For purposes of this Ordnance alcoholic beverages means any fermented malt
beverage or any 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, cu, 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 seed, or its resin, including marijuana concentrate.
D. For purposes of this Ordinance public place means:
i. In or on any public highway, street, walkway, parking lot, building, park, open
space or other public property, whether in a vehicle or not.
ii. In or on those portions of any private property upon which the public has an
express or implied license to enter or remain.
In or on any other private property without the expressed or implied
permission of the owner or person in possession and control of such property
iv. In any vehicle whether the vehicle is traveling upon public or private
highways and roads with 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 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 with 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 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 payment relative to this Ordinance shall be forwarded to the
Board of County Commissioners of Pitkin County, Colorado, for inclusion with the
County general fund pursuant to C.R.S. § 30-15-402.
INTRODUCED, READ AND ADOPTED AS AN EMERGENCY ORDINANCE ON THE
9904- DAY OF 'YhCc,,—tk, 2019A D SET FOR CONFIRMATORY PUBLIC
HEARING ON THE---- ,CDAY OF ►• i , 2019.
NOTICE OF CONFIRMATORY PUBLIC HEARING AND TITLE AND SHORT SUMMARY
OF THE EMERGENCY ORDINANCE PUBLISHED IN THE ASPEN TIMES WEEKLY ON
THE -A'jDAY OF _ 4VN,cu- ek, 2019.
NOTICE OF CONFIRMATORY PUBLIC HEARING AND THE FULL TEXT OF THE
EMERGENCY ORDINANCE POSTED ON THE OFFICIAL PITKIN COUNTY WEBSITE
www.pitkincounty.com ON THE 16L!DAY OF YU 2019.
CONFIRMED AT A PUBLIC HEARING ON THE 1 DAY OF y
2019.
PUBLISHED BY TITLE AND SHORT SUMMARY, AFTER CONFIRMATORY PUBLIC
HE A RING, IN THE ASPEN TIMES WEEKLY ON THE DAY OF
rt j ,2019.
POSTED BY TITLE AND SHORT SUMMARY QN THE OFFIC L PITKIN COUNTY
WEBSITE www.pitkincounty.com ON THE QDAY OF vt 2019.
ATTEST],
By
Jea tee Dep y County
APPROVED AS TO FORM:
BOARD OF TY COMMISSIONERS
By:
re oschman, Chair
Date:
MANAGER APPROVAL
John ttorney Jon P cock, County nager