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HomeMy WebLinkAbout2014-05 Amending Section 6-3C-6 of the TOV Code to Reconcile the Town Code with C.R.S. 18--18-406 Concerning Penalties for the Possession of MarijuanaORDINANCE NO. 5 SERIES 2014 AN ORDINANCE AMENDING SECTION 6-3C -6 OF THE VAIL TOWN CODE TO RECONCILE THE TOWN CODE WITH C.R.S. § 18- 18-406 CONCERNING PENALTIES FOR THE POSSESSION OF MARIJUANA WHEREAS, in 2012, Colorado voters passed Amendment 64, which amended Article XVIII of the Colorado Constitution by the addition of a new § 16 regarding the personal use and regulation of marijuana; WHEREAS, Amendment 64 permits transportation of marijuana accessories and twenty -one (21) years of age and older; the possession, use, display, purchase or one ounce or less of marijuana by persons WHEREAS, in light of Amendment 64, the Colorado General Assembly repealed and reenacted C.R.S. § 18 -18 -406, which establishes the maximum penalties for the possession of marijuana, and such changes became effective in October 2013; and WHEREAS, it is the desire of the Vail Town Council to pass legislation reconciling the Vail Town Code with C.R.S. § 18- 18-406 concerning the penalties for possession of marijuana. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Subsection C of Section 6 -3C -6 of the Vail Town Code is hereby amended to read as follows: 6 -3C -6: Possession of Marijuana, Marijuana Products and Marijuana Accessories: C. Penalty: 1. Violations of this Section shall be punishable as set forth in Title 1, Chapter 4 of this Code, except that a person who possesses not more than two (2) ounces of marijuana in violation of this Section shall be punished by a fine of not more than one hundred dollars ($100.00); and 2. It shall be an affirmative defense to a prosecution under this Section that a person is in possession of a valid registry identification card authorizing the medicinal use of marijuana issued by the state health agency, so long as consumption or use does not occur in a public place. Section 2. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not effect the validity Ordinance No. 5, Series of 2014 of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 3. The Town Council hereby finds, determines and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and the inhabitants thereof. Section 4. The amendment of any provision of the Town Code as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision amended. The amendment of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. Section 5. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 18th day of February, 2014 and a public hearing for second reading of this Ordinance set for the 4th day of March, 2014, in the Council Chambers of the Vail Municipal Building, Vaj1,7Colorado. Andrew P. Daly, ATTEST: O•V�/N O apl,4jiterim Town ':Cjelk READ AND APPROVED,O !fi �EADINGD ORDERED PUBLISHED this 4th day of March, 2014._ z Andrew P. Daly, or ATTEST: F .- T Ordinance No. 5, Series of 2014 INV irk °'� •r `9 • r i. O,Q ••......•.