Chapter 9.04 OFFENSES

It is unlawful for any person to abandon or discard, in any public or private place accessible to children, any chest, closet, piece of furniture, refrigerator, icebox, motor vehicle, or other article having a compartment of a capacity of one and one-half cubic feet or more and having a door or lid which when closed cannot be opened easily from the inside, or for anyone, being the owner, lessee or manager of such place, knowingly to permit such abandoned or discarded article to remain in such condition.

(Code 1994 § 24-1; Code 1965 § 19-1)

State law reference(s) – Similar provisions, § 18-13-106, C.R.S.

9.04.020 Aiding and abetting.

It shall be unlawful for any person to aid or abet another person to violate or fail to comply with any of the provisions of this chapter or any other provision of the code of ordinances and the Charter of the City.

(Code 1994 § 24-2; Code 1965 § 19-80)

9.04.030 Disturbing the peace.

It shall be unlawful for any person within this City to disturb the peace of others. A person disturbs the peace of another when he:

(a) Causes to be produced or permits unreasonably loud or unusual noises which seriously inconvenience other persons in the area, including, but not limited to, the use of televisions, radios, phonographs and amplifiers.

(b) Molests pedestrians upon the streets, or in other public places, by following them on foot or in a vehicle or by soliciting them to take rides in automobiles.

(c) Permits another to commit an act of disturbing the peace as described in this section in or upon any premises owned, possessed or under his management or control when it is in his power to prevent such an act.

(Code 1994 § 24-3; Code 1965 § 19-7)

9.04.040 Disorderly conduct.

It shall be unlawful to engage in disorderly conduct in this City. A person commits disorderly conduct if he knowingly:

(a) Addresses abusive language or threats to any person present which creates a clear and present danger of violence.

(b) Fights with another in a public place.

(c) Without authorization, alters or befouls public property or the property of another so as to create a hazardous, unhealthy or physically offensive condition.

(d) Causes likelihood of harm or serious inconvenience by failing to obey any lawful order or command for dispersal by a police officer or fire fighter where either three or more persons are committing disorderly conduct, or in the immediate vicinity of fire fighter operations being conducted.

(Code 1994 § 24-4; Code 1965 § 19-8)

State law reference(s) – Similar provisions, § 18-9-106, C.R.S.

9.04.050 Discharging firearms, BB guns.

(a) It shall be unlawful for any person to fire, shoot or discharge any cannon, gun, pistol or other firearm of any description, or BB gun or pellet gun whatsoever, whether powered with gunpowder, compressed air, gas cartridges or spring, within the City limits; however:

(1) The discharge of firearms or weapons by any member of any law enforcement office, federal, State, County or City, in the course of official duty, shall not be deemed a violation of this section.

(2) The discharge of firearms or weapons by authorized classes of a law enforcement agency, Parks and Recreation Department program, schools or universities at all times under proper instruction and supervision of shooting ranges as may be authorized or permitted by law shall not be deemed a violation of this section.

(3) Permission to discharge a firearm or weapon, subject to being revoked by the City Council at any time, may be granted in writing by the Chief of Police. Such permission shall limit the time and place of such firing and specifically set forth the purpose and limitations for which such permission to discharge a firearm or weapon has been granted. When the firing of a firearm or weapon is within the authorized limits, it shall not be deemed a violation of this section.

(b) Any weapon, firearm, BB gun or pellet gun discharged in violation of this section shall be confiscated and disposed of by order of the Municipal Court of the City.

(Code 1994 § 24-5; Code 1965 § 19-54)

9.04.060 Throwing stones, other missiles.

It shall be unlawful for any person to throw any stone or other missile upon or at any building, whether occupied or unoccupied, or at any motor vehicle, awning or other public or private property in a manner to injure such property, or upon or at any person whomsoever.

(Code 1994 § 24-6; Code 1965 § 19-24)

9.04.070 Theft.

(a) It shall be unlawful to commit theft in the City. A person commits a theft when the person knowingly obtains or exercises control over anything of value of another without authorization or by threat or deception with intent to permanently deprive the person having lawful dominion, possession or control of the thing of value of its use or benefit. The Municipal Court shall have jurisdiction where the value of the thing involved is less than $2,000. For purposes of this section, the test of value is the reasonable market value of the stolen article at the time of the commission of the alleged offense. If any person willfully conceals unpurchased goods, wares or merchandise owned or held by and offered or displayed for sale by any store or other mercantile establishment, whether the concealment be on the person or otherwise and whether on or off the premises of such store or mercantile establishment, such concealment shall constitute a presumption that the person intended to commit the crime of theft.

(b) It shall be unlawful to knowingly transfer a label or other designation of price from one item to another or alter such label or designation of price with intent to purchase such item at a lesser cost.

(Ord. 4598, 8-21-13; Ord. 4189, 3-5-08. Code 1994 § 24-7; Code 1965 § 19-22)

9.04.080 Trespass.

It shall be unlawful to commit trespass in the City. “Private property” within this section shall include private property where the public is a business invitee. A person commits trespass if he:

(a) Enters upon or refuses to leave any private property of another, where such property has been posted with no trespass signs which are visible to persons entering upon the private property or which have been posted at reasonable intervals along the property boundary.

(b) Enters upon or refuses to leave any private property of another having been given notice by the owner or person responsible for the property that such entry or continued presence is prohibited.

(c) Enters upon or refuses to leave any public or private parking lot during the hours it is closed to business invitees when such property has been posted with no parking or no trespassing signs and the hours such property is closed which are visible to persons entering upon the property or have been posted at reasonable intervals along the property boundary.

(d) Enters upon or refuses to leave any public place after being ordered to do so by any police officer or fire fighter acting in the course of his employment and duties.

(e) Refuses to leave the property of any parochial school, private school or public school, including a college, where such property is used for the education of persons, when asked to do so by the principal, teacher, staff member, or by any person entrusted with the authority to maintain and supervise the property.

(f) Enters upon or remains in any of the public cemeteries of the City between the hours of 10:00 p.m. and 6:00 a.m., unless the person is an employee of the City acting in the course of his employment.

(Code 1994 § 24-8; Code 1965 § 19-25)

State law reference(s) – Similar provisions, § 18-4-501, C.R.S. et seq.

9.04.090 Invitation required to enter posted premises.

It shall be unlawful for any solicitor or peddler to go upon any premises within the City, unless invited to do so, for the purpose of soliciting or peddling where the owner or occupant of such premises has indicated his desire not to be contacted for such purposes by the placing of a no solicitors sign on the premises.

(Code 1994 § 24-9; Code 1965 § 17-85)

9.04.100 Injuring trees, plants or structures.

It is unlawful to prune, plant, cut, break, dig or pull up, destroy or in any manner injure any tree, shrub, bush, vine, flower, grass or plant or to injure any of the buildings, structures, signs, fences, seats, benches, fountains or ornaments of any kind within any public place, including, but not limited to, public ways, public parks, etc.

(Code 1994 § 24-10; Code 1965 §§ 20-16, 20-81(a))

9.04.110 Malicious injury to property – Removal of survey monuments.

It shall be unlawful for any person to willfully, maliciously or wantonly injure, deface or destroy real property or improvements thereto; or uncover, remove, displace or mutilate survey monuments or range stones imbedded in the streets of the City, unless duly authorized by the City Manager; provided, that where it shall become necessary for the purpose of grading, paving or other construction activity to remove or displace such monuments, such displacement or removal shall be done under the supervision of the City Manager and such monuments shall be adequately referenced by the City or a registered land surveyor prior to removal. All survey monuments removed or displaced shall be replaced at the expense of the contractor or entity responsible for their removal.

(Code 1994 § 24-11; Code 1965 § 19-5)

State law reference(s) – Similar provisions, §§ 18-4-505, 18-4-506, C.R.S.

9.04.120 Keeping disorderly house.

It shall be unlawful for any person to knowingly, intentionally, or recklessly keep any disorderly house, which term is defined as any structure and/or adjoining property or both which is used, owned, kept or controlled by such person within this City upon or within which any drinking of alcohol by a person under the age of 21, quarrelling, fighting or riotous or disorderly conduct is permitted, allowed, occasioned, encouraged or suffered.

(Ord. 3201, 11-3-99. Code 1994 § 24-12; Code 1965 § 19-6)

9.04.130 Impersonating an officer.

It shall be unlawful for any person other than an official police officer of the City to wear the uniform apparel and any other insignia of office like or similar to, or a colorable imitation of, that adopted and worn by the police officers of the City, or any other law enforcement agency within the County or of the State, or to impersonate a police officer or any other officer of the City in any other manner.

(Code 1994 § 24-13; Code 1965 § 19-14)

9.04.140 Interfering with officers.

It shall be unlawful for any person to interfere by use of physical force with any person duly empowered with police authority, while such officer, member or person duly empowered with police authority is discharging or apparently discharging his duties; such interference shall include physical actions intended to aid a person who is resisting an arrest or is being arrested.

(Code 1994 § 24-14; Code 1965 § 19-16)

State law reference(s) – Similar provisions, §§ 18-8-104, 18-8-105, 18-8-116, C.R.S.

9.04.150 Resisting arrest.

It shall be unlawful to intentionally prevent or attempt to prevent a police officer, any member of the Police Department, or any person duly empowered with police authority acting under color of his official authority from effecting an arrest of the actor by either using physical force or violence against a peace officer, or using any other means which creates a substantial risk of causing physical injury to the police officer. It is no defense to a prosecution under this section that the police officer was attempting to make an arrest which in fact was unlawful, if he was acting under color of his official authority, and in attempting to make the arrest he was not resorting to unreasonable or excessive force giving rise to the right of self-defense. A police officer acts “under color of his official authority” when, in the regular course of assigned duties, he is called upon to make and does make a judgment in good faith based upon surrounding facts and circumstances that an arrest should be made by him.

(Code 1994 § 24-15; Code 1965 § 19-21)

State law reference(s) – Similar provisions, § 18-8-103, C.R.S.

9.04.160 Public meetings and parades.

It shall be unlawful to hold any outdoor meeting on public property to which the general public is invited or permitted to attend, addressed by one or more speakers, or conduct a processional parade, unless a permit for such event has been issued by the City. Applications for such permit shall be made to the City Manager or his designated agent at least 21 days prior to the event, with a copy sent to the Fire Department, Police Department, Parks and Recreation Department and Public Works Department, and shall contain the following information:

(a) A description of the event.

(b) The day and hour of the event.

(c) The location of the event. Should the event be a parade, the preferred route for a parade in the City shall be from or to Second and Main Streets to Lincoln Park via Main Street and 12th Street, or any portion thereof, as this provides the route most easily police controlled. Variations from this route may be permitted by the City Manager for good cause shown.

(d) A reasonable and good faith approximation of the number of persons expected to attend the event.

(e) A reasonable and good faith approximation of the number and types of units expected to participate in the parade.

(f) The names and addresses of the persons sponsoring the event.

Upon compliance with this section, a permit shall be issued by the City Manager or his agent.

(Code 1994 § 24-16; Code 1965 § 19-27)

9.04.165 Use of City Hall facilities and the designated outdoor area.

Certain designated areas on the grounds and inside City Hall are deemed to be appropriate for speech as defined by the federal and State courts and the City’s use policy.

With regard to the use of City Hall grounds at City Hall located at 250 N. 5th St. in Grand Junction, the City Council finds that a limited public forum should exist on the area known as the “designated public assembly area.”

The City Council adopts this section in the interest of promoting among the populace the right to freely assemble and reasonably exercise the privileges conferred by the First Amendment.

(Res. 18-04, 2-18-04)

9.04.170 Prostitution, soliciting.

It shall be unlawful to commit prostitution in the City. Any person who performs, offers or agrees to perform or solicits another person to perform any act of sexual intercourse, oral contact with the genitals, or stimulation of the genitals with any person not his spouse, in exchange for money or other things of value, commits prostitution in the City.

(Code 1994 § 24-17; Code 1965 § 19-18)

Cross reference(s) – Massage parlors, prostitution, GJMC 5.20.220.

State law reference(s) – Similar provisions, § 18-7-201, C.R.S. et seq.

9.04.180 Indecent exposure.

It shall be unlawful to commit a lewd or indecent act in the City. Any person who performs any of the following in a public place or where the conduct may reasonably be expected to be viewed by members of the public violates this section:

(a) An act of sexual intercourse;

(b) An act of carnal copulation either per anus or per os;

(c) To willfully or knowingly: be nude; wear any indecent or lewd dress; make or perform any indecent exposure of such person’s intimate parts; or to make or perform any indecent exposure of the intimate parts of another person. For the purposes of this section, “intimate parts” means the external genitalia, the anus, the buttocks, the pubes or the breast or breasts of any person;

(d) A lewd fondling or caress of the body of another person;

(e) Intentional exposure of genitals to the view of any person;

(f) Urinating in public; or

(g) Aiding, suffering or permitting in the doing of any of the offenses described in this section.

(Ord. 3312, 11-15-00; Ord. 3202, 11-3-99. Code 1994 § 24-18; Code 1965 § 19-15)

State law reference(s) – Similar provisions, §§ 18-7-301, 18-7-302, C.R.S.

9.04.190 Use of explosives – Permit required.

It shall be unlawful for any person within this City to explode or set off any explosive material without a permit.

(Code 1994 § 24-19; Code 1965 § 19-10)

9.04.200 Skate devices, electric scooters, wheeled devices – Regulations.

(a) No person shall operate a skate device in any place where there are one or more signs posted prohibiting such activity. No person shall operate a skate device in any place in a manner which causes injury to any person or damage to public or private property.

(b) A person using a skate device upon any sidewalk, public path, trail or right-of-way within the City shall use the same in a careful and prudent manner and at a rate of speed no greater than is reasonable and proper under the conditions existing at the point of operation, taking into account the amount and character of pedestrian traffic, grade and width of sidewalk, path, trail or right-of-way and condition of the surface thereof, and shall obey all traffic control devices. Every person using a skate device upon a sidewalk, public path, trail or other right-of-way shall yield the right-of-way to any pedestrian thereon.

(c) For this section, skate device(s) shall include and mean any skateboard(s), conventional or in-line roller skates, bicycles, electrical assisted bicycles, electric scooters, or other similar device or apparatus, all which may be collectively referred to as a skate device or skate devices.

(Ord. 5084, 7-20-22; Ord. 2861, 8-16-95. Code 1994 § 24-20)

9.04.210 Regulation of tobacco products.

(a) Definitions. For the purposes of this section, the following words or phrases shall have the meanings set forth.

(1) Tobacco product shall include, but is not limited to, cigars, cigarillos, chewing tobacco, pipe tobacco, roll-your-own tobacco, snus, bidi, snuff, tobacco-containing shisha, and dissolvable tobacco product. Tobacco product shall also include electronic smoking devices that deliver substances to the user by turning liquid into vapor that is inhaled. Electronic smoking devices include but are not limited to electronic cigarettes, cigars, cigarillos, pipes, and hookahs. This definition does not include any products that the Food and Drug Administration of the United States Department of Health and Human Services has approved as a tobacco use cessation product.

(2) Smoking means, but is not limited to:

(i) The carrying or possession of a smoking instrument in one’s mouth for the purpose of inhaling or exhaling smoke or vapor or blowing smoke or vapor rings;

(ii) The placing of a lighted smoking instrument in an ashtray or other receptacle, and allowing smoke or vapor to diffuse in the air;

(iii) The possession, carrying or placing of a lighted smoking instrument in one’s hands or any appendage or device and allowing smoke or vapor to diffuse in the air; or

(iv) The inhaling or exhaling of smoke or vapor from a lighted smoking instrument.

(3) Self-service display means any retail tobacco display to which customers have direct physical access, including cigarette vending machines.

(4) Minimum legal sales age is 21 years of age; MLSA means minimum legal sales age, which is 21 years of age.

(5) Vending machine means any mechanical, electric or electronic self-service device which, upon insertion of money, tokens or other form of payment, dispenses a tobacco product.

(6) Smoking instrument means an instrument of any kind which can be used to deliver substances, including but not limited to nicotine, tobacco, marijuana, or any other substance, or a combination thereof to the person using the instrument. Smoking instrument shall include, but not limited to, cigarettes, cigars, cigarillos, pipes and hookahs. Smoking instrument shall include electronic smoking devices.

(7) Lighted means to illuminate by electricity, battery, or fire; to ignite by electricity, battery or fire; to burn by electricity, battery or fire; or to emit light by electricity, battery or fire.

(8) Electronic smoking device means an electric or battery-operated device which can be used to deliver substances, including but not limited to nicotine, tobacco, or marijuana, to the person using such device. Electronic smoking devices shall include, without limitation, electronic cigarettes, cigars, cigarillos, pipes, and hookahs. An electronic smoking device includes any component, part or accessory of such device whether or not sold separately, regardless of nicotine content or any other substance intended to be vaporized for human inhalation during the use of the device.

(b) Furnishing Tobacco Products Prohibited.

(1) Any person who knowingly furnishes any tobacco product to any person under the MLSA by gift, sale, or any other means commits a violation hereof.

(2) It shall be an affirmative defense to a prosecution under this section that the person furnishing the tobacco product was presented with and reasonably relied upon a document which identified the person receiving the tobacco product as being 21 years of age or older.

(c) Vending Machines. It shall be unlawful for any person to sell a tobacco product by use of a vending machine or other coin-operated machine; except that cigarettes may be sold at retail through vending machines only in:

(1) Factories, businesses, offices, or other places not open to the public; or

(2) Places to which persons under the MLSA are not permitted access.

(d) Retail Sale of Tobacco Products.

(1) It shall be unlawful for any business proprietor, manager, or other person in charge or control of a retail business of any kind to engage, employ or permit any person under the MLSA to sell any tobacco product from such retail business.

(2) It shall be unlawful for any business proprietor, manager or other person in charge or control of a retail business of any kind to use a self-service display of tobacco products or stock a tobacco product in any way which allows a customer to access such tobacco product without first securing the physical assistance of an adult business employee for each transaction. The provisions of this subsection (e)(2) shall not apply to stores possessing a valid retail liquor store license, as defined by the Colorado Liquor Code, issued by the City and to vending machines meeting the requirements of subsection (d) of this section.

(3) Any person who sells or offers to sell any cigarettes or tobacco products at retail shall display a warning sign, as specified in this subsection.

(4) Said warning sign shall be displayed in a prominent place in the building and on such machine at all times and shall have a minimum height of three inches and a width of six inches, and shall read as follows:

WARNING:

IT IS ILLEGAL FOR ANY PERSON UNDER TWENTY-ONE YEARS OF AGE TO PURCHASE OR POSSESS CIGARETTES AND TOBACCO PRODUCTS. UPON CONVICTION A FINE OF UP TO $500 PLUS NOT MORE THAN 48 HOURS OF USEFUL PUBLIC SERVICE MAY BE IMPOSED.

(e) Sale of Single Cigarettes Prohibited. It shall be unlawful for any business proprietor, manager or other person in charge or control of a retail business of any kind to sell or offer to sell single cigarettes or any pack of cigarettes containing fewer than 20 cigarettes.

(f) False or Altered Identification. It shall be unlawful for any person under the MLSA to misrepresent that person’s identity or age, or use any false or altered identification for the purpose of purchasing any tobacco product.

(g) Penalty. Any person who violates any provision hereof is guilty of a petty offense and upon conviction shall be subject to:

(1) A fine of up to $50.00 for the first offense; a fine of up to $100.00 for the second offense; a fine of up to $500.00 for a third offense; and up to $1,000 for each subsequent offense; and one year in jail;

(2) Except that a person under the age of 18 years shall not be subject to any jail time but may be required to pay a fine not to exceed $500.00, as provided, and may be required to perform not more than 48 hours useful public service (which may include educational efforts or programs) or any combination of fine, public service and education.

(h) Savings Clause. Should any provision of the ordinance codified in this chapter be found by a court of competent jurisdiction to be unconstitutional or otherwise unenforceable, the rest of the provisions thereof shall remain in full force and effect.

(Ord. 4954, 9-2-20; Ord. 4832, 2-20-19; Ord. 3508, 4-2-03; Ord. 3095, 2-17-99. Code 1994 § 24-21)

State law reference(s) – Local regulations, §§ 18-13-121(3), 25-14-105, C.R.S.

9.04.220 Purchase, possession, consumption or sale of alcohol by or to persons under the age of 21.

(a) Definitions.

(1) Alcoholic beverage, as used in this section, shall mean any vinous, spirituous or malt liquor and/or any fermented malt beverage, including 3.2 percent beer, of any kind and in any quantity.

(2) Minor, as used in this section and GJMC 9.04.230 and 9.04.240, is a person under the age of 21 years.

(3) Conviction of a second offense, third offense or subsequent offense shall mean a conviction for violating this section, GJMC 9.04.230 or 9.04.240, or any combination of these three sections on more than one occasion, or convictions of any other drug or alcohol violation(s) in this Court or any other court.

(b) Providing Alcohol to Minor.

(1) It shall be unlawful for any person to knowingly sell, serve, give away, dispose of, exchange or deliver, or to permit the sale, serving, giving or procuring of any alcoholic beverage to or for anyone under the age of 21 years.

(2) It shall be unlawful for any person to knowingly permit any person under the age of 21 years to violate subsections (c)(1), (c)(2) or (d) of this section.

(1) It shall be unlawful for any person under the age of 21 years to obtain or attempt to obtain any alcoholic beverage by misrepresentation of age or any other method in any place selling or providing alcoholic beverages.

(2) It shall be unlawful for any person under the age of 21 years to purchase any alcoholic beverage.

(d) Possession or Consumption of Alcohol by Minor. It shall be unlawful for a person under the age of 21 years to possess or consume any alcoholic beverage.

(e) Defenses, Exceptions.

(1) It shall be an affirmative defense to any violation of this section that the person under the age of 21 years was participating in a religious ceremony or practice, or was participating in a supervised and bona fide investigation conducted by a law enforcement agency, or that the conduct was permitted by Articles 46 and/or 47 of Title 12, Colorado Revised Statutes.

(2) Nothing in this section shall prohibit any person under the age of 21 from possessing or consuming any alcoholic beverage in the residence of the minor’s parent(s) or legal guardian with the knowledge and permission of, and in the presence and under the supervision of, the minor’s parent(s) or legal guardian, nor to prohibit any parent or legal guardian from providing any alcoholic beverage to their minor child(ren) in their own residence.

(3) It shall be an affirmative defense if the minor establishes the following:

(i) The minor called 911 and reported in good faith that another minor person was in need of medical assistance due to alcohol or marijuana consumption;

(ii) The minor provided the minor’s name to the 911 operator;

(iii) The minor was the first person to make the 911 report; and

(iv) After making the 911 call, the minor remained on the scene with the other minor person needing medical assistance until the assistance arrived and cooperated with medical assistance or law enforcement personnel on the scene.

(f) Evidence.

(1) Prima facie evidence of a violation of this section shall consist of:

(i) Evidence that the person is under 21 years of age and possessed or consumed an alcoholic beverage anywhere in the City; or

(ii) Evidence that the person was under the age of 21 years and manifested any of the characteristics commonly associated with intoxication or impairment from consuming an alcoholic beverage anywhere in the City.

(2) During any trial for a violation 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 such label on such bottle, can, or other container shall be admissible into evidence and shall not constitute hearsay. A label which identifies the contents of any bottle, can, or other container as “beer,” “ale,” “malt beverage,” “fermented malt,” “malt liquor,” “wine,” “champagne,” “whiskey” or “whisky,” “gin,” “vodka,” “tequila,” “schnapps,” “brandy,” “cognac,” “liqueur,” “cordial,” “rum,” “alcohol,” or “liquor” shall constitute prima facie evidence that the contents of the bottle, can, or other container was composed in whole or in part of alcohol.

(g) Penalties.

(1) Each violation of subsection (b)(1) or (b)(2) of this section (providing alcohol to a minor) shall be punishable by a fine of up to $1,000, useful public service, up to 30 days in jail, or any combination thereof, in the discretion of the Court.

(2) Each violation of subsection (c)(1), (c)(2) or (d) of this section (purchase, possession or consumption of alcohol by a minor) shall be punishable as follows:

(i) Upon conviction of a first offense, the Court shall sentence the minor to a fine of not more than $100.00, or the Court shall order the minor to complete a substance abuse education program, or both.

(ii) Upon conviction of a second offense, the Court shall sentence the minor to a fine of not more than $100.00, and the Court shall order the minor to:

(A) Complete a substance abuse education program;

(B) If determined necessary and appropriate, submit to a substance abuse assessment and complete any treatment recommended by the assessment; and

(iii) Upon conviction of a third or subsequent offense, the Court shall sentence the minor to a fine of up to $250.00 and the Court shall order the minor to:

(A) Submit to a substance abuse assessment and complete any treatment recommended by the assessment;

(B) Perform up to 36 hours of useful public service.

(Ord. 4637, 9-3-14; Ord. 4321 § 1, 1-21-09. Ord. 3852, 12-21-05. Code 1994 § 24-22)

9.04.230 Purchase, possession, consumption of marijuana by persons under the age of 21.

(a) It shall be unlawful for any person under the age of 21 years to purchase, transfer, dispense, or possess two ounces or less of marijuana, and/or to consume any quantity of marijuana, except as allowed for medicinal purposes.

(b) It shall be unlawful for any person under the age of 21 years to openly and publicly display, consume, or use two ounces or less of marijuana.

(1) The minor called 911 and reported in good faith that another minor person was in need of medical assistance due to alcohol or marijuana consumption;

(2) The minor provided the minor’s name to the 911 operator;

(3) The minor was the first person to make the 911 report; and

(4) After making the 911 call, the minor remained on the scene with the other minor person needing medical assistance until the assistance arrived and cooperated with medical assistance or law enforcement personnel on the scene.

(d) Evidence.

(1) Prima facie evidence of a violation of this section shall consist of:

(i) Evidence that the person is under 21 years of age and possessed or consumed marijuana anywhere in the City; or

(ii) Evidence that the person was under the age of 21 years and manifested any of the characteristics commonly associated with intoxication or impairment from consuming marijuana anywhere in the City.

(2) During any trial for a violation 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 such label on such bottle, can, or other container shall be admissible into evidence and shall not constitute hearsay. A label which identifies the contents of any bottle, can, or other container as “marijuana,” “marihuana,” “cannabis,” “cannabinoid,” “tetrahydrocannabinol,” or “THC” shall constitute prima facie evidence that the contents of the bottle, can, or other container was composed in whole or in part of marijuana.

(e) Penalties. Each violation of subsection (a) or (b) of this section shall be punishable as follows:

(1) Upon conviction of a first offense of either subsection, the Court shall sentence the minor to a fine of not more than $100.00, or the Court shall order the minor to complete a substance abuse education program, or both.

(2) Upon conviction of a second offense of either subsection, the Court shall sentence the minor to a fine of not more than $100.00, and the Court shall order the minor to:

(i) Complete a substance abuse education program;

(ii) If determined necessary and appropriate, submit to a substance abuse assessment and complete any treatment recommended by the assessment; and

(iii) Perform up to 24 hours of useful public service.

(3) Upon conviction of a third or subsequent offense of either subsection, the Court shall sentence the minor to a fine of up to $250.00 and the Court shall order the minor to:

(i) Submit to a substance abuse assessment and complete any treatment recommended by the assessment;

(ii) Perform up to 36 hours of useful public service.

(Ord. 4637, 9-3-14; Ord. 4597, 8-21-13; Ord. 4321 § 2, 1-21-09. Ord. 3853, 12-21-05. Code 1994 § 24-23)

9.04.240 Possession and purchase of drug paraphernalia by persons under the age of 21 years.

(a) It shall be unlawful for any person under the age of 21 years to knowingly purchase or possess drug paraphernalia.

(b) Drug paraphernalia as used in this section shall mean 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 marijuana into the human body, including but not limited to:

(1) Testing equipment used, intended for use, or designed for use in identifying or in analyzing the strength, effectiveness, or purity of marijuana;

(2) Scales and balances used, intended for use, or designed for use in weighing or measuring marijuana;

(3) Separation gins or sifters used, intended for use, or designed for use in removing twigs and seeds from or in otherwise cleaning or refining marijuana;

(4) Blenders, bowls, containers, spoons, and mixing devices used, intended for use, or designed for use in compounding marijuana with other substances, including but not limited to foods;

(5) Capsules, balloons, envelopes and other containers used, intended for use, or designed for use in packaging small quantities of marijuana;

(6) Containers and other objects used, intended for use, or designed for use in storing or concealing marijuana; or

(7) Objects used, intended for use, or designed for use in ingesting, inhaling, or otherwise introducing marijuana into the human body, such as:

(i) Metal, wooden, acrylic, glass, stone, plastic, or ceramic pipes with or without screens, permanent screens, hashish heads, or punctured metal bowls;

(ii) Water pipes;

(iii) Carburetion tubes and devices;

(iv) Smoking and carburetion masks;

(v) Roach clips, meaning objects used to hold a burning marijuana cigarette that has become too small or too short to be held in the hand;

(vi) Chamber pipes;

(vii) Carburetor pipes;

(viii) Electric pipes;

(ix) Air-driven pipes;

(x) Chillums;

(xi) Bongs;

(xii) Ice pipes or chillers.

(c) In determining whether an object is drug paraphernalia, a court, in its discretion, may consider, in addition to all other relevant factors, the following:

(1) Statements by the owner or by anyone in control of the object concerning its use;

(2) The proximity of the object to marijuana;

(3) The existence of any residue of marijuana 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 unreasonably should know, that it will be delivered to persons who 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, which shall be admissible and shall not constitute hearsay;

(6) Descriptive materials accompanying the object which explain or depict its use, which shall be admissible and shall not constitute hearsay;

(7) National or local advertising concerning its use, which shall be admissible and shall not constitute hearsay;

(8) The manner in which the object is displayed;

(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 this section. Such hearing shall be conducted in camera.

(e) Defense, Exception. It shall be an affirmative defense if the minor establishes the following:

(1) The minor called 911 and reported in good faith that another minor person was in need of medical assistance due to alcohol or marijuana consumption;

(2) The minor provided the minor’s name to the 911 operator;

(3) The minor was the first person to make the 911 report; and

(f) Penalties. Each violation of this section shall be punishable as follows:

(2) Upon conviction of a second offense of either subsection, the Court shall sentence the minor to a fine of not more than $100.00, and the Court shall order the minor to:

(i) Complete a substance abuse education program;

(ii) If determined necessary and appropriate, submit to a substance abuse assessment and complete any treatment recommended by the assessment; and

(iii) Perform up to 24 hours of useful public service.

(3) Upon conviction of a third or subsequent offense of either subsection, the Court shall sentence the minor to a fine of up to $250.00 and the Court shall order the minor to:

(i) Submit to a substance abuse assessment and complete any treatment recommended by the assessment;

(ii) Perform up to 36 hours of useful public service.

(Ord. 4637, 9-3-14; Ord. 3853, 12-21-05. Code 1994 § 24-24)

9.04.250 Prohibition against standing on or occupying medians.

(a) It is unlawful for any person to stand on or occupy a median, other than as a pedestrian in the act of crossing a street, for any purpose. No person may use a median to conduct political campaign activities or to solicit employment, business, contributions of any kind or sales of any kind and/or to collect money for the same from the operator or any occupant of a motor vehicle traveling upon any street, roadway or highway within the City.

For purposes of this section a median shall be defined as any island or street divider, including but not limited to areas that are landscaped, painted or otherwise constructed, that separate traffic for vehicular travel into opposite or different directions.

For purposes of this section solicit means asking for money or things of value. Soliciting includes using the spoken, written or printed word; gestures, signs or other means to obtain or try to obtain a donation of money or other thing(s) of value or the sale or receipt of goods or services.

(b) Penalties. Any violation of the provisions of this section constitutes a misdemeanor punishable in accordance with the penalties provided in GJMC 1.04.090.

(c) Severance. If any section, sentence, clause or phrase of this section is held invalid or unconstitutional by a court of competent jurisdiction, it shall in no way affect the validity of any remaining portions of this law.

(Ord. 4382, 9-2-09. Code 1994 § 24-26)