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HomeMy WebLinkAboutbocc.ord.002.2008AN EMERGENCY ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF PITHIN COUNTY, COLORADO PROHIBITING THE PUBLIC CONSUMPTION OF ALCOHOL ON UNLICENSED PREMISES FOR THE DURATION OF THE 2008 X-GAMES EVENTS ORDINANCE NO. OG2 - 2008 RECITALS 1. Whereas, 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. Whereas, 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. Whereas, 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 X-Games events at Buttermilk Mountain. 4. Conduct at the X-Games events at Buttermilk has in the past presented numerous problems related to instances of persons presenting at the events in an inebriated state. 5. In an effort to curtail the use of alcohol at the events, the County is seeking to prohibit possession and consumption of alcoholic beverages throughout the County for the duration of the 2008 X-Games events. 6. This ordinance applies to Pitkin County in its entirety, 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, including the shuttle parking lot established for the events at the Brush Creek intersection. 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 will sunset immediately after the X-Games on January 28, 2008. 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 and therefore declares this ordinance and legislation to be effective January 21, 2008 pursuant to Pitkin County Home Rule Charter Section 2.8.2. Ordinance No. - 2008 Page 2 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 become effective on January 21, 2008 and shall sunset and repeal without further action of the Board of County Commissioners of Pitkin County, Colorado on January 28, 2008. PROHIBITION OF PUBLIC CONSUMPTION OF ALCOHOL ON UNLICENSED PREMISES 1. DEFINITIONS A) For purposes of this chapter 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 chapter 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 chapter 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 chapter, 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 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 s2 Ordinance No. - 2008 Page 3 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. PENALTIES A) The penalty for violating any requirement of this ordinance shall be subject to a Penalty Assessment of $250 per event. B) These penalties shall be assessed in a manner provided in this ordinance. 4. VIOLATIONS- PENALTIES A) Violation of any part of this section of the Pitkin County Code 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 section. Penalties for such violations shall be those set forth in paragraph 3 of this section. 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 section shall be subject to the same penalties specified in paragraph 3 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 ADOPTED ON JANUARY 9, 2008 AND SET FOR CONFIRMATORY READING AND PUBLIC HEARING ON JANUARY 23, 2008. NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES WEEKLY ON JANUARY 13, 2008. Ordinance No. - 2008 Page 4 CONFIRMED AT PUBLIC HEARING ON JANUARY 23, 2008. PUBLISHED AFT + R CONFIRMATORY READING IN~ THE ASPEN TIMES WEEKLY ON ,u~ 3 , 2008. EFFECTIVE JANUARY 21, 2008. ATTEST: ~___ ~_~ .. John M. Ely County AttQ_rney BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY,COLORADO t ^ .~_ G~L`~~ ~~ Jack~at#ield, Cha' man Date: j ~ i'~C ~~ j , Hilary etcher ~' County Manager <~ APPROVED AS TO FORM: