HomeMy WebLinkAboutOrdinance-1994-0971
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INTRODUCED BY COUNCIL MEMBER EDWARDS
Council Bill No. 58 ORDINANCE NO. 971
Series of 1994 ----
TITLE:
AN ORDINANCE REGULATING THE POSSESSION OF DRUG
INJECTION DEVICES AND POSSESSION, SALE,
MANUFACTURE, DELIVERY, OR ADVERTISEMENT OF
DRUG PARAPHERNALIA.
WHEREAS, the City Council of the City of Wheat Ridge,
Colorado, has determined that the unlawful possession of injection
devices poses a threat to the health and safety of the citizens of
Wheat Ridge; and
WHEREAS, the City Council has determined that the possession,
manufacture, sale, delivery and advertisement or drug paraphernalia
are similarly detrimental to the health and safety of the citizens
of Wheat Ridge;
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
WHEAT RIDGE, COLORADO, THAT:
Section 1. Wheat Ridge Code of Laws, Chapter 16, Article VI,
"Injection Devices; Drug Paraphernalia" is added as follows:
Sec. 16-132. Possession of injection devices.
It shall be unlawful for any person to possess any
hypodermic needle, syringe, or similar device which may be adapted
or used for injecting drugs or other substances by subcutaneous or
intracutaneous injection into the body,unless such possession has
been authorized for medical or physical treatment by a licensed
medical doctor or osteopathic physicians; provided, however, that
the prohibitions contained in this section shall not apply to
manufacturers, jobbers, licensed medical technicians, hospitals,
nursing homes, technologists, nurses, laboratories, research
teaching institutes, medical doctors, osteopathic physicians,
dentists, veterinarians or persons who lawfully use injection
devices for the sole purpose of providing medical treatment to
their pets or livestock, pharmacists, and embalmers selling or
using such devices in the legal course of their respective
businesses or professions. A violation of this section shall be
subject to the penalty provided in Section 16-4 of the Wheat Ridge
Municipal Code, together with a surcharge of ten dollars ($10.00)
to be paid to the Wheat Ridge Police Department through the court
to offset the expense of destruction of drugs, injection devices,
and drug paraphernalia, whether or not any of those items was
confiscated from the defendant.
Sec. 16-133. Drug paraphernalia.
(a) "Controlled Substance" shall mean marijuana or
marijuana concentrate, as those terms are defined in Section 16-131
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(a) of the Wheat Ridge Municipal Code, and cocaine as that term is
defined in Section 16-1 of the Wheat Ridge Municipal Code.
Further, this term shall include a controlled substance or
immediate precursor included in Schedules I through V of Part 2 of
Article 18, Title 18, C.R.S., including marijuana, marijuana
concentrate, and cocaine.
(b) "Drug Paraphernalia" means all equipment, products,
and materials of any kind which are used, intended for use, or
designed for use in planting, propagating, cultivating, growing,
harvesting, manufacturing, compounding, converting, producing,
processing, preparing, testing, analyzing, packaging, repackaging,
storing, containing, concealing, injecting, ingesting, inhaling, or
otherwise introducing into the human body a controlled substance in
violation of the Wheat Ridge Municipal Code. "Drug Paraphernalia"
includes, but is not limited to:
(1) Objects used, intended for use, or designed
for use in ingesting, inhaling or otherwise
introducing marijuana, cocaine, or marijuana
concentrate into the human body, such as:
a. Water pipes;
b. Carburetion tubes and devices;
c. Smoking and carburetion masks;
d. Roach clips, meaning objects used to hold
burning materials, such as a marijuana
cigarette that has become too small or
too short to be held in the hand;
e. Miniature coca~ne spoons and cocaine
vials;
f. Chamber pipes;
g. Carburetor pipes;
h. Electric pipes;
i. Air-driven pipes;
j . Chillums;
k. Bongs; or
l. Ice pipes or chillers.
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(c) In determining whether an object is drug
paraphernalia, the court, in its discretion, may consider, in
addition to all other relevant factors, the following:
(1) Statements by an owner or by anyone in control
of the object concerning its use;
(2) The proximity of the object to controlled
substances;
( 3 ) The existence of any residue of controlled
substances on the object;
(4) Direct or circumstantial evidence of the
knowledge of an owner, or of anyone in control
of the object, or evidence that such person
reasonably should know, that it will be
delivered to persons whom he knows or
reasonably should know, could use the object
to facilitate a violation of this section;
(5) Instructions, oral or written, provided with
the object concerning its use;
(6) Descriptive materials accompanying the object
which explain or depict its use;
(7) National or local advertising concerning its
use;
(8) The manner ~n which the object is displayed
for sale;
(9) Whether the owner, or anyone in control of the
object, is a supplier of like or related items
to the community for legal purposes, such as
an authorized distributor or dealer of tobacco
products;
(10) The existence and scope of legal uses for the
object in the community;
(11) Expert testimony concerning its use;
(d) In the event a case brought pursuant to this section
is tried before a jury, the court shall hold an evidentiary hearing
on issues raised pursuant to subsection (c), such hearing shall be
conducted in camera.
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(e) Possession of druq paraphernalia -- penal tv. A
person commits possession of drug paraphernalia if he possesses
drug paraphernalia and knows or reasonably should know that the
drug paraphernalia could be used under circumstances in violation
of the Wheat Ridge Municipal code. A violation of this subsection
(e) shall be subject to the penalty provided in Section 16-4 of the
Wheat Ridge Municipal Code, together with a surcharge of ten
dollars ($10.00) to be paid to the Wheat Ridge Police Department
through the court to offset the expense of destruction of drugs,
injection devices, or drug paraphernalia, whether or not any of
those items was confiscated from the defendant.
(f) Manufacture, sale, or deli verv of druq paraphernalia
penal tv. It shall be unlawful for any person to sell or
deliver, possess with intent to sell or deliver, or manufacture
with intent to sell or deliver equipment, products, or materials,
knowing, or under circumstances where one reasonably should know,
that such equipments, products, or materials could be used as drug
paraphernalia. A violation of this subsection (f) shall be subject
to the penalty provided in Section 16-4 of the Wheat Ridge
Municipal code, together with a surcharge of ten dollars ($10.00)
to be paid to the Wheat Ridge Police Department through the court
to offset the expense of destruction of drugs, injection devices
and drug paraphernalia, whether or not any of those items was
confiscated from the defendant.
(g) Advertisement of druq paraphernalia -- penal tv. It
shall be unlawful for any person to place an advertisement in any
newspaper, magazine, handbill, or other publication and who intends
thereby to promote the sale in the City of Wheat Ridge of
equipment, products, or materials designed and intended for use as
drug paraphernalia. A violation of this subsection (g) shall be
subject to the penalty provided in Section 16-4 of the Wheat Ridge
Municipal Code, together with a surcharge of ten dollars ($10.00)
to be paid to the Wheat Ridge Police Department through the court
to offset the expense of destruction of drugs, injection devices
and drug paraphernalia, whether or not any of those items was
confiscated from the defendant.
Section 2.
addition of
alphabetical
Section 16-1 of the Wheat Ridge Code
a new definition to be placed
order to read as follows:
is amended by the
in corresponding
In this chapter, "cocaine" means coca leaves, except coca
leaves and extracts of coca leaves from which cocaine, ecgonine or
their salts have been removed; cocaine, its salts, optical and
geometric isomers, and salts of isomers; ecgonine, its derivatives,
their salts, isomers, and salts of isomers; or any compound,
mixture, or preparation which contains any quantity of any of the
substances referred to in this definition.
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Section 3. Section 16-131 (b) of the Wheat Ridge Municipal Code is
hereby amended to read:
It shall be unlawful to possess one (1) ounce or less of
marijuana, cannabis, or cannabis concentrate, and upon
conviction thereof, or plea of guilty or no contest thereto,
punishment shall not be by imprisonment, but shall be by a
fine of not more than one hundred dollars ($100.00), TOGETHER
WITH A SURCHARGE OF TEN DOLLARS ($10.00) TO BE PAID TO THE
WHEAT RIDGE POLICE DEPARTMENT THROUGH THE COURT TO OFFSET THE
COST OF DESTRUCTION OF DRUGS, INJECTION DEVICES AND DRUG
PARAPHERNALIA, WHETHER OR NOT ANY OF THOSE ITEMS WAS
CONFISCATED FROM THE DEFENDANT.
Section 4. Safetv Clause. The City Council hereby finds,
determines, and declares that this Ordinance is promulgated under
the general police power of the City of Wheat Ridge, that it is
promulgated for the health, safety, and welfare of the public, and
that this Ordinance is necessary for the preservation of health and
safety and for the protection of public convenience and welfare.
The City Council further determines that the Ordinance bears a
rational relation to the proper legislative object sought to be
obtained.
Section 5. Severabilitv. If any clause, sentence, paragraph, or
part of this Ordinance or the application thereof to any person of
circumstances shall for any reason be adjudged by a court of
competent jurisdiction invalid, such judgment shall not affect,
impair or invalidate the remainder of this Ordinance or its
application to other persons or circumstances.
Section 6. This Ordinance shall take effect one day after final
publication.
INTRODUCED, READ, AND ADOPTED on first reading by a vote of 7
to 0 on this 25th day of Apri 1 , 1994, ordered
published in full in a newspaper of general circulation in the City
of Wheat Ridge and Public Hearing and consideration on final
passage set for Monday , June 13 , 1994, at
7:00 o'clock p.m., in the Council Chambers, 7500 West 29th Avenue,
Wheat Ridge, Colorado.
READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by
a vote of 8 to 0 ,this 13th day of June
1994.
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Signed by the Mayor on this 14th day of June
, 1994.
1st Publication: May 10, 1994
2nd Publication: June 21, 1994
Wheat Ridge Sentinal
Effective Date: June 22. 1994
~M1~
DAN WILDE, MAYOR
APPROVED AS TO FORM BY CITY ATTORNEY
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KATHRY L. SCHROEDER, CITY ATTORNEY