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repealed and reenacted to read as follows: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