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WHEREAS, in light of Amendment 64, the Colorado General Assembly repealed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:
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Ordinance No. 5, Series of 2014
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