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HomeMy WebLinkAboutOrdinance-1995-1005 INTRODUCED BY COUNCIL MEMBER SILER Council Bill No. 20 Ordinance No. 1005 Series of 1995 TITLE: AN ORDINANCE AMENDING SECTION 16-177 OF THE WHEAT RIDGE CITY CODE CONCERNING POSSESSION OF ALCOHOL BY MINORS WHEREAS, the City Council is empowered to enact ordinances by Sections 5.8 and 5.10 of the Charter of the City of Wheat Ridge; and WHEREAS, the City Council is empowered, pursuant to C.R.S. S 18-13-122(8), to enact an ordinance which prohibits persons under the age of twenty-one years from possessing or consuming ethyl alcohol, which ordinance is at least as restrictive as or more restrictive than C.R.S. s 18-13-122; and WHEREAS, the City Council finds that current section 16-177 of the Wheat Ridge City Code concerning the possession of alcohol by minors is less restrictive than C.R.S. s 18-13-122; and WHEREAS, the City Council desires to bring Section 16-177 of the Wheat Ridge City Code into compliance with the provisions of C.R.S. s 18-13-122(8); BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO AS FOLLOWS: Section 1. Section 16-177 of the Wheat Ridge City Code is hereby repealed and reenacted to read as follows: (a) As used in this section, unless the context otherwise requires: (1) "Establishment" means a business, firm, enterprise, service or fraternal organization, club, institu- tion, entity, group, or residence, and any real property, including buildings and improvements, connected therewith, and shall also include any members, employees, and occupants associated therewith. (2) "Ethyl alcohol" means any substance which is or contains ethyl alcohol. (3) "Possession of ethyl alcohol" means that a person has or holds any amount of ethyl alcohol anywhere Ordinance No. 1005 Page 2 on his person, or that a person owns or has custody of ethyl alcohol, or has ethyl alcohol within his immediate presence and control. (4) "Private property" means any dwelling and its curtilage which is being used by a natural person or natural persons for habitation and which is not open to the public and privately owned real property which is not open to the public. "Private property" shall not include: a. Any establishment which has or is required to have a license pursuant to Article 46, 47, or 48 of Title 12, C.R.S.; or b. Any establishment which sells ethyl alcohol or upon which ethyl alcohol is sold; or c. Any establishment which provides accommodations public generally. leases, rents, to members of or the (b) It is unlawful for any person under the age of twenty-one (21) years to possess or consume any ethyl alcohol anywhere in the City of Wheat Ridge. This provision shall apply regardless of whether any bottle, can or other container for such ethyl alcohol is sealed, unsealed or open. (c) Illegal possession or consumption of ethyl alcohol by an underage person is a strict liability offense. (d) It shall be an affirmative defense to the offense described in subsection (b) of this section that the ethyl alcohol was possessed or consumed by a person under twenty-one years of age under the following circum- stances: (1) While such person was legally upon private property with the knowledge and consent of the owner or legal possessor of such private property and the ethyl alcohol was possessed or consumed with the consent of his parent or legal guardian who was present during such possession or consumption; or (2) When the existence of ethyl alcohol in a person's body was due solely to the ingestion of a confec- tionery which contained ethyl alcohol within the limits prescribed by section 25-5-410(1) (i) (II), C.R.S.; or the ingestion of any substance which was manufactured, designed, or intended primarily for a VEM\53027\121964.2 Ordinance NO.-1illLL Page 3 purpose other than oral human ingestion: or the ingestion of any substance which was manufactured, designed, or intended solely for medicinal or hygienic purposes; or solely from the ingestion of a beverage which contained less than one-half of one percent of ethyl alcohol by weight. This subsection (d) (1) shall not be construed to permit any establishment which is, or is required to be, licensed pursuant to Article 46, 47, or 48 of Title 12, C.R.S., or any members, employees, or occupants of any such establishment to give, provide, make available, or sell ethyl alcohol to a person under twenty-one years of age. (e) The possession or consumption of ethyl alcohol shall not constitute a violation of this section if such possession or consumption takes place for religious purposes protected by the first amendment of the united states Constitution. (f) Prima facie evidence of a violation of subsection (b) of this section shall consist of: (1) Evidence that the defendant was under the age of twenty-one years and possessed or consumed ethyl alcohol anywhere in the City of Wheat Ridge; or (2) Evidence that the defendant was under the age of twenty-one years and manifested any of the charac- teristics commonly associated with ethyl alcohol intoxication or impairment while present anywhere in the City of Wheat Ridge. (g) During any trial for a violation of subsection (b) of this section, any bottle, can, or any other container with labeling indicating the contents of such bottle, can, or container shall be admissible into evidence, and the information contained on any label on such bottle, can, or other container shall be admissible into evidence and shall not constitute hearsay. A jury or a judge, whichever is appropriate, may consider the information upon such label in determining whether the contents of the bottle, can or other container were composed in whole or in part of ethyl alcohol. A label which identifies the contents of any bottle, can, or other container as "beer", "ale", "malt beverage", fermented malt beverage", "mal t liquor" , "wine" , "champagne" , "whiskey" or "whisky", "gin", "vodka", "tequila", "schnapps", "brandy", "cognac", "liqueur", "cordial", "alcohol", or "liquor" shall constitute prima facie evidence that the VEM\53027\121964.2 Ordinance No. 100 ') Page 4 contents of the bottle, can, or other container was composed in whole or in part of ethyl alcohol. (h) The qualitative result of an alcohol test or tests shall be admissible at the trial of any person charged with a violation of subsection (b) of this section upon a show- ing that the device or devices used to conduct such test or tests have been approved as accurate in detecting alcohol by the executive director of the Department of Public Health and Environment. (i) Official records of the Department of Public Health and Environment relating to the certification of breath test instruments, certification of operators and operator instructors of breath test instruments, certification of standard solutions, and certification of laboratories shall be official records of the state. Copies of such records, attested by the executive director of the Department of Public Health and Environment or his deputy and accompanied by a certificate bearing the official seal for said department, which state that the executive director of the department has custody of such records, shall be admissible and shall constitute prima facie evidence of the information contained in such records. The official seal of the department described in this subsection (i) may consist of a rubber stamp producing a facsimile of the seal stamped upon the document. (j) In any judicial proceeding concerning a charge under subsection (b) of this section, the court shall take jUdicial notice of methods of testing a person's blood, breath, saliva, or urine for the presence of alcohol and of the design and operation of devices certified by the Department of Public Health and Environment for testing a person's blood, breath, saliva, or urine for the presence of alcohol. This subsection (j) shall not prevent the necessity of establishing during a trial that the testing devices were working properly and that such testing devices were properly operated. Nothing in this subsection (j) shall preclude a defendant from offering evidence concerning the accuracy of testing devices. Section 2. Safety Clause. The City Council hereby finds, deter- mines and declares that this ordinance is promulgated under the police powers 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 attained. VEM\53027\121964.2 Ordinance No. 1005 Page 5 section 3. Severability. If any clause, sentence, paragraph, or part of this ordinance or the application thereof to any person or circumstances shall for any reason be judged by a court of compe- tent jurisdiction invalid, such judgment shall not affect, impair or invalidate the remainder of this ordinance or its application to other persons or circumstances. Section 4. Effective date. This ordinance shall take effect upon passage at second reading. INTRODUCED, READ, AND ADOPTED on first reading by a vote of 8 to 0 on this 26th day of June , 1995, 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 July 24, 1995 , 1995, at 7 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 R to 0 , this 24th day of July , 1995. ~~ Dan Wilde, Mayor ,~Jr ('vi "Iv,~... ,h::, Wand~ Sang, City,~ierk " AS TO FORM BY CITY 1st Publ ication: July 6, 1995, July 13, 1995 2nd Publication: August 3, 1995 Jefferson Sentinel Effective Date: July 24, 1995 VEM\53027\121964.2