Chapter 5.10
GENERAL OFFENSES

Sections:

5.10.010    Definitions.

5.10.020    Abusing toxic vapors.

5.10.030    Assault.

5.10.040    Conspiracy.

5.10.050    Criminal attempt.

5.10.060    Criminal mischief.

5.10.070    Criminal trespass.

5.10.080    Disorderly conduct.

5.10.090    Disturbing the peace.

5.10.100    Disturbing a lawful assembly.

5.10.110    False reporting.

5.10.120    Harassment.

5.10.130    Indecent exposure.

5.10.140    Obstructing a peace officer or firefighter.

5.10.150    Obstructing highway or other passageway.

5.10.160    Marijuana accessories.

5.10.161    Sale of marijuana accessories.

5.10.170    Repealed.

5.10.180    Possession of marijuana.

5.10.181    Public use of marijuana.

5.10.182    Unlicensed transfer, sale or purchase of marijuana.

5.10.183    Personal cultivation of marijuana.

5.10.184    Knowingly allowing underage persons to possess or consume marijuana on private property.

5.10.185    Unlawful acts related to licensed commercial marijuana establishments.

5.10.187    Immunity for persons who suffer or report an emergency drug or alcohol overdose event.

5.10.188    Colorado Retail Marijuana Code, Colorado Medical Marijuana Code and Colorado Code of Regulations (CCR).

5.10.190    Prostitution.

5.10.200    Theft.

5.10.210    Repealed.

5.10.220    Consumption of malt, vinous, or spirituous liquors in public places.

5.10.230    Underage possession or consumption of ethyl alcohol.

5.10.240    Underage purchase of ethyl alcohol.

5.10.241    Knowingly allowing underage persons to possess or consume ethyl alcohol on private property.

5.10.250    Evidence of ethyl alcohol.

5.10.260    Weapon offenses.

5.10.270    Closure of public parks.

5.10.271    Unlawful possession of tobacco products by persons under the age of 18.

5.10.272    Penalties and procedures.

5.10.280    Applicability to juveniles.

5.10.290    Penalties.

5.10.300    Surcharges levied on certain offenses.

5.10.010 Definitions.

“Bodily injury” means physical pain, illness, or any impairment of physical or mental function.

“Criminal negligence” means a person acts with criminal negligence when, through a gross deviation from the standard of care that a reasonable person would exercise, he fails to perceive a substantial and unjustifiable risk that a result will occur or that a circumstance exists.

“Ethyl alcohol” means any substance which is or contains ethyl alcohol.

“Intentionally” or “with the intent” means offenses defined herein in which the mental culpability requirement is expressed as “intentionally” or “with the intent” are declared to be specific intent offenses. A person acts “intentionally” or “with the intent” when his conscious objective is to cause the specific result proscribed herein as an offense. It is immaterial to the issue of specific intent whether or not the result actually occurred.

“Knowingly” means offenses defined herein in which the mental culpability requirement is expressed as “knowingly” are declared to be general intent offenses. A person acts knowingly with respect to conduct or to a circumstance described herein when he is aware that his conduct is of such nature or that such circumstance exists. A person acts knowingly, with respect to a result of his conduct, when he is aware that his conduct is practically certain to cause the result.

“Marijuana” or “marihuana” means all parts of the genus cannabis whether growing or not, the seeds thereof, the resin extracted from any part of the plant, and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or its resin including marijuana concentrate. “Marijuana” or “marihuana” does not include industrial hemp, nor does it include fiber produced from the stalks, oil or cake made from the seeds of the plant, or sterilized seeds of the plant which are incapable of germination, or the weight of any other ingredient combined with marijuana to prepare topical or oral administrations, food, drink, or other product.

“Marijuana accessories” means any equipment, products, or materials of any kind which are used, intended for use, or designed for use in planting, propagating, cultivating, growing, harvesting, composting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, vaporizing, or containing marijuana, or for ingesting, inhaling, or otherwise introducing marijuana into the human body.

“Marijuana cultivation facility” means an entity licensed to cultivate, prepare and package marijuana and sell marijuana to retail marijuana stores, to marijuana product manufacturing facilities, and to other marijuana cultivation facilities, but not to consumers.

“Marijuana establishments” means a marijuana cultivation facility, marijuana testing facility, a marijuana product manufacturing facility, or a retail marijuana store.

“Marijuana product manufacturing facility” means an entity licensed to purchase marijuana; manufacture, prepare, and package marijuana products; and sell marijuana and marijuana products to other marijuana product manufacturing facilities and to retail marijuana stores, but not to consumers.

“Marijuana products” means concentrated marijuana products and marijuana products that are comprised of marijuana and other ingredients and are intended for use or consumption, such as, but not limited to, edible products, ointments, and tinctures.

“Marijuana testing facility” means an entity licensed to analyze and certify the safety and potency of marijuana.

“Medical marijuana center” and other medical marijuana related terms defined in GMC 15.40.010, Definitions.

“Obscene” means a patently offensive description of ultimate sexual acts or solicitation to commit ultimate sexual acts, whether or not said ultimate sexual acts are normal or perverted, actual or simulated, including masturbation, cunnilingus, fellatio, anilingus, or excretory functions.

“Possession of ethyl alcohol” means that a person has or holds any amount of ethyl alcohol anywhere on his/her person, or that a person owns or has custody of ethyl alcohol, or has ethyl alcohol within his/her immediate presence and control.

“Premises” means real property, buildings, and other improvements thereon, and the stream banks and beds of any nonnavigable fresh water streams flowing through such real property, or privately owned motor vehicles or conveyances.

“Private property” means any dwelling and its curtilage which is being used by a person and/or persons for habitation which is not open to the public or privately owned real property which is not open to the public.

“Public place” means a place to which the public or a substantial number of the public has access, and includes but is not limited to highways, transportation facilities, schools, places of amusement, parks, playgrounds, and the common areas of public and private buildings and facilities.

“Recklessly” means a person acts recklessly when he consciously disregards a substantial and unjustifiable risk that a result will occur or that a circumstance exists.

“Retail marijuana store” means an entity licensed to purchase marijuana from marijuana cultivation facilities and marijuana and marijuana products from marijuana product manufacturing facilities and to sell marijuana and marijuana products to consumers.

“Serious bodily injury” means bodily injury which, either at the time of the actual injury or at a later time, involves a substantial risk of death, a substantial risk of serious permanent disfigurement, a substantial risk of protracted loss or impairment of the function of any part or organ of the body, or breaks, fractures, or burns of the second or third degree.

“Tobacco product” means any product that contains or is derived from tobacco or contains nicotine, and is intended to be ingested or inhaled by or applied to the skin of any individual; including, but not limited to, cigarettes, cigars, chewing tobacco, e-cigarettes, vape pens or vaporizing apparatus, except that “tobacco product” does not mean any product that the Food and Drug Administration of the United States Department of Health and Human Services has approved as a tobacco use cessation product.

“Toxic vapors” means the following substances or products containing such substances:

1.    Alcohols, including methyl, isopropyl, propyl, or butyl;

2.    Aliphatic acetates, including ethyl, methyl, propyl, or methyl cellosolve acetate;

3.    Acetone;

4.    Benzene;

5.    Carbon tetrachloride;

6.    Cyclohexane;

7.    Freons, including freon 11 and freon 12;

8.    Hexane;

9.    Methyl ethyl ketone;

10.    Methyl isobutyl ketone;

11.    Naphtha;

12.    Perchlorethylene;

13.    Toluene;

14.    Trichloroethane; or

15.    Xylene. (Ord. 2-2017 § 1; Ord. 13-2013 § 1; Ord. 2-2013 §§ 2 – 4; Ord. 4-2011 § 1; Ord. 1-2011 § 3; Code 1997 § 5-1-1).

5.10.020 Abusing toxic vapors.

A.    No person shall knowingly smell or inhale the fumes of toxic vapors for the purpose of causing a condition of euphoria, excitement, exhilaration, stupefaction, or dulled senses of the nervous system. No person shall knowingly possess, buy, or use any toxic vapor for the purposes described in this section, nor shall any person knowingly aid any other person to use any such substance for the purposes described in this section. This section shall not apply to the inhalation of anesthesia or other substances for medical or dental purposes.

B.    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 label on such bottle, can, or other container shall be admissible into evidence and shall not constitute hearsay. Evidence that the bottle, can, or other container lists one or more of the substances defined as toxic vapors as one of its ingredients shall be prima facie evidence that the substance in such container contains toxic vapors and emits the fumes thereof.

C.    Abusing toxic vapors is a petty offense. (Code 1997 § 5-1-2).

5.10.030 Assault.

A.    No person shall knowingly or recklessly cause bodily injury to another person.

B.    Assault is a misdemeanor. (Code 1997 § 5-1-3).

5.10.040 Conspiracy.

A.    A person commits conspiracy to commit a crime if, with the intent to promote or facilitate its commission, he/she agrees with another person or persons that they, or one or more of them, will engage in conduct which constitutes a crime or an attempt to commit a crime, or he/she agrees to aid the other person or persons in the planning or commission of a crime or of an attempt to commit such crime.

B.    No person may be convicted of conspiracy to commit a crime unless an overt act in pursuance of that conspiracy is proved to have been done by him/her or by a person with whom he/she conspired.

C.    If a person knows that one with whom he/she conspires to commit a crime has conspired with another person or persons to commit the same crime, he/she is guilty of conspiring to commit a crime with the other person or persons, whether or not he/she knows their identity.

D.    If a person conspires to commit a number of crimes, he/she is guilty of only one conspiracy so long as such multiple crimes are part of a single criminal episode.

E.    It is an affirmative defense to a charge of conspiracy that the offender, after conspiring to commit a crime, thwarted the success of the conspiracy under circumstances manifesting a complete and voluntary renunciation of his criminal intent.

F.    Conspiracy is a petty offense. (Code 1997 § 5-1-4).

5.10.050 Criminal attempt.

A.    A person commits criminal attempt if, acting with the kind of culpability otherwise required for commission of an offense, he/she engages in conduct constituting a substantial step toward the commission of the offense. A substantial step is any conduct, whether act, omission, or possession, which is strongly corroborative of the firmness of the actor’s purpose to complete the commission of the offense. Factual or legal impossibility of committing the offense is not a defense if the offense could have been committed had the attendant circumstances been as the actor believed them to be, nor is it a defense that the crime attempted was actually perpetrated by the accused.

B.    It is an affirmative defense to a charge of criminal attempt that the defendant abandoned his/her effort to commit the crime or otherwise prevented its commission, under circumstances manifesting the complete and voluntary renunciation of his/her criminal intent.

C.    Criminal attempt is a petty offense. (Code 1997 § 5-1-5).

5.10.060 Criminal mischief.

A.    No person shall knowingly damage the real or personal property of another person.

B.    No person shall injure, mark, or deface any trees or flowers planted for ornament or shade of the streets or private lots.

C.    No person shall throw stones, snowballs, water-filled balloons, or other missile against or upon or in any way deface or injure any building, tree, vehicle, or person, whether on public or private property.

D.    Criminal mischief is a misdemeanor. (Code 1997 § 5-1-6).

5.10.070 Criminal trespass.

A.    No person shall unlawfully enter or remain in or upon the premises of another without permission.

B.    Criminal trespass is a petty offense. (Code 1997 § 5-1-7).

5.10.080 Disorderly conduct.

A.    No person shall make a coarse and obviously offensive utterance, gesture, or display in a public place, and the utterance, gesture, or display tends to incite an immediate breach of peace.

B.    No person shall abuse or threaten a person in a public place in an obviously offensive manner.

C.    Repealed by Ord. 2-2015.

D.    No person shall urinate or defecate in a public place or upon private property visible from a public place.

E.    No person shall fight with another in a public place, except in an amateur or professional contest of athletic skills.

F.    Violation of subsections (A), (B), (C), and (D) of this section are petty offenses. Violation of subsection (E) of this section is a misdemeanor. (Ord. 2-2015 § 1; Code 1997 § 5-1-8).

5.10.090 Disturbing the peace.

A.    No person shall in a public or private place make, continue, or cause to be made or continued any unreasonably loud or unusual noise which seriously inconveniences other persons in the area. For the purpose of this section, a member of the police department is empowered to make a prima facia determination as to whether such noises constitute a public nuisance.

B.    No person shall permit another to commit an act of disturbing the peace as described above in or upon any premises owned, possessed, or under his management or control when it is in his power to prevent such an act.

C.    Noise caused in the performance of emergency work for the immediate safety, health, or welfare of the community or individuals of the community shall not be subject to the provisions of this chapter.

D.    Applications for a permit to hold a public event which may violate the provisions of this chapter shall be made to the city manager or his duly authorized representative. Such permit shall be valid only at the specific times, dates, and conditions noted in the permit.

E.    Disturbing the peace is a misdemeanor. (Code 1997 § 5-1-9).

5.10.100 Disturbing a lawful assembly.

A.    No person shall, with the intent to prevent or disrupt any lawful meeting, procession, or gathering, significantly obstruct or interfere with the meeting, procession, or gathering by physical action, verbal utterance, or any other means.

B.    Disturbing a lawful assembly is a misdemeanor. (Code 1997 § 5-1-10).

5.10.110 False reporting.

A.    No person shall knowingly cause a false alarm of fire or other emergency to be transmitted to any government agency which deals with emergencies involving danger to life or property.

B.    No person shall report or knowingly cause the transmission of a report to law enforcement authorities of a crime or other incident within their official concern when he knows that it did not occur.

C.    No person shall report or knowingly cause the transmission of a report to law enforcement authorities pretending to furnish information relating to an offense or other incident within their official concern when he knows that he has no such information or knows that the information is false.

D.    False reporting is a misdemeanor. (Code 1997 § 5-1-11).

5.10.120 Harassment.

A.    No person shall, with the intent to harass, alarm or annoy another, strike, shove, kick, or otherwise touch or subject an individual to physical contact.

B.    No person shall, with the intent to harass, alarm or annoy another, initiate communication with a person, anonymously or otherwise, by telephone, telephone network, data network, text message, instant message, computer, computer network, or computer system in a manner intended to harass or threaten bodily injury or property damage, or make any comment, request, suggestion, or proposal by telephone, computer, computer network, or computer system that is obscene.

C.    No person shall, with the intent to harass, alarm or annoy another, make a telephone call or cause a telephone to ring repeatedly, whether or not a conversation ensues, with no purpose of legitimate conversation.

D.    No person shall, with the intent to harass, alarm or annoy another, make repeated insults, taunts, challenges, or other communications in offensively coarse language to another in a manner likely to provoke a violent or disorderly response.

E.    No person shall, with intent to harass, alarm or annoy another, while in a public place, direct obscene language at, make obscene gestures to, or follow another person.

F.    No person shall make repeated communications at inconvenient hours that invade the privacy of another and interfere in the use and enjoyment of another’s home or private residence or other private property.

G.    As used in this section, unless the context otherwise requires, “obscene” means a patently offensive description of ultimate sexual acts or solicitation to commit ultimate sexual acts, whether or not said ultimate sexual acts are normal or perverted, actual or simulated, including masturbation, cunnilingus, fellatio, anilingus, or excretory functions.

H.    Harassment is a misdemeanor. (Ord. 1-2011 § 4; Code 1997 § 5-1-12).

5.10.130 Indecent exposure.

A.    No person shall perform in a public place, or where the conduct may reasonably be expected to be viewed by members of the public, an act of sexual intercourse, deviant sexual intercourse, lewd exposure of the body done with the intent to arouse or satisfy the sexual desire of any person, or lewd fondling or caressing of the body of another person. No person shall knowingly expose his genitals to the view of any person over the age of 14 under circumstances in which such conduct is likely to cause affront or alarm to the other person.

B.    Indecent exposure is a misdemeanor. (Code 1997 § 5-1-13).

5.10.140 Obstructing a peace officer or firefighter.

A.    No person shall obstruct a peace officer or firefighter by using or threatening to use violence, force, physical interference, or an obstacle to knowingly obstruct, impair, or hinder the enforcement of the city ordinances, the preservation of the peace, the prevention, control, or abatement of a fire by a peace officer or firefighter, acting under the color of his/her official authority.

B.    Obstructing a peace officer or firefighter is a misdemeanor. (Code 1997 § 5-1-14).

5.10.150 Obstructing highway or other passageway.

A.    No person shall intentionally, knowingly, or recklessly, without legal privilege:

1.    Obstruct a highway, street, sidewalk, waterway, building entrance, elevator, aisle, stairway, or hallway to which the public or a substantial group of the public has access, or any other place used for the passage of persons, vehicles, or conveyances, whether the obstruction arises from his acts alone or from his acts and the acts of others; or

2.    Disobey a reasonable request or order to move issued by a person he knows to be a peace officer, a fireman, or a person with authority to control the use of the premises, to prevent obstruction of a highway or passageway or to maintain public safety by disbursing those gathered in dangerous proximity to a fire, riot, or other hazard.

B.    For purposes of this section, “obstruct” means to render impassable or to render passage unreasonably inconvenient or hazardous.

C.    Obstructing a highway or other passageway is a petty offense.

D.    Penalty. Upon conviction of a violation of this section, a person shall be fined the sum of $100.00. Upon conviction of a violation of this section, in addition to any fine, a person may be required to perform useful public service. (Ord. 5-1997 §§ 1, 2; Code 1997 § 5-1-15).

5.10.160 Marijuana accessories.

A.    No person under 21 years of age who does not hold a valid medical marijuana card in compliance with the Colorado Revised Statutes shall possess marijuana accessories if he/she knows or reasonably should know that the marijuana accessory could be used under circumstances in violation of the law.

B.    It shall be a violation of this section for a person under the age of 21 to possess marijuana accessories, and such violation shall be a petty offense. (Ord. 2-2013 § 5; Code 1997 § 5-1-16).

5.10.161 Sale of marijuana accessories.

A.    No person shall offer for sale or sell marijuana accessories unless licensed by the city of Gunnison.

B.    Unlicensed sale of marijuana accessories is a petty offense. (Ord. 2-2013 § 8).

5.10.170 Drug paraphernalia, determination, considerations.

Repealed by Ord. 2-2013. (Code 1997 § 5-1-17).

5.10.180 Possession of marijuana.

A.    No person under the age of 21 who does not possess a medical marijuana card in compliance with the Colorado Revised Statutes shall possess marijuana or consume marijuana within the city.

B.    No person 21 years of age or older who does not possess a medical marijuana card in compliance with the Colorado Revised Statutes shall possess more than one ounce of marijuana, except as permitted pursuant to Colorado Constitution, Article XVIII, Section 16(3)(b).

C.    No person who possesses a medical marijuana card in compliance with the Colorado Revised Statutes shall possess more than two ounces of marijuana, except as permitted pursuant to Colorado Constitution, Article XVIII, Section 14(4)(b).

D.    Licensed persons engaged in the transportation or movement of marijuana, in the course of doing business for a licensed marijuana establishment, are exempt from this section.

E.    Possession of not more than one ounce of marijuana or consumption of marijuana by a person under the age of 21 is a petty offense.

F.    Possession of more than one ounce but less than two ounces of marijuana is a petty offense. Possession of two ounces but less than six ounces of marijuana is a misdemeanor. (Ord. 7-2015 § 3).

5.10.181 Public use of marijuana.

A.    No person shall openly or publicly consume or use marijuana.

B.    No person shall use marijuana in a way that endangers others.

C.    Public consumption or usage of marijuana is a petty offense. (Ord. 2-2013 § 8).

5.10.182 Unlicensed transfer, sale or purchase of marijuana.

A.    No person shall transfer, sell, trade, exchange, or give, with or without remuneration, any amount of marijuana to a person under the age of 21.

B.    No person under the age of 21 may obtain marijuana by any means, with or without remuneration.

C.    No person shall transfer, sell, trade, or exchange, with remuneration, any amount of marijuana to a person 21 years of age and older without a license.

D.    No person shall give, without remuneration, more than one ounce of marijuana to a person 21 years of age and older.

E.    No person 21 years of age or older may obtain more than one ounce of marijuana, with or without remuneration.

F.    Restrictions placed on transferring, exchanging or giving of marijuana does not apply to persons who are in compliance with the Colorado Revised Statutes pertaining to medical marijuana.

G.    The transfer, sale, trade, or exchange of marijuana in violation of this section is a misdemeanor. Obtaining marijuana in violation of this section is a petty offense. (Ord. 7-2015 § 4).

5.10.183 Personal cultivation of marijuana.

A.    No individual shall cultivate or allow cultivation on premises under their control of more than six marijuana plants, three of which are mature flowering plants, except as allowed pursuant to Colorado Constitution, Article XVIII, Section 14(4)(b) or Section 16. The marijuana produced by such cultivation, in excess of legal possession limits, shall be maintained on the premises where grown. Marijuana cultivated by an individual shall not be sold.

B.    Cultivation of more than six plants by a primary caregiver, medical marijuana patient or by multiple individuals on a single property is prohibited:

1.    Within a single-family dwelling unit where the aggregate area used for the production and growing of marijuana plants exceeds a contiguous 25-square-foot secure area;

2.    Within the common area of a multifamily dwelling unit;

3.    Within any dwelling, apartment, duplex, residence, or location where individuals reside where the aggregate area used for the production and growing of marijuana plants exceeds 25 square feet;

4.    If the property is not in compliance with the International Building Code as adopted by the city of Gunnison;

5.    If the property is not in compliance, to the standard used for licensed marijuana establishments, as to odor provisions of the LDC, Section 3.15(B)(10).

C.    No person shall openly or publicly cultivate marijuana. “Openly or publicly cultivated” means the plants, lights, sounds and odors associated with cultivation are clearly visible and identifiable from a public place or cause a public nuisance.

D.    No person shall cultivate marijuana except in a secure area as defined in the LDC.

E.    No person shall cultivate marijuana in a residence where a person under 21 years of age lives unless the cultivation area is in a secure area denying the underage person access.

F.    No person shall cultivate marijuana in a residence visited by persons under 21 years of age without ensuring that access to the cultivation site is reasonably restricted preventing access for the duration of the underage person’s visit.

G.    Violation of any part of this section is a misdemeanor. (Ord. 7-2015 § 5).

5.10.184 Knowingly allowing underage persons to possess or consume marijuana on private property.

A.    No person who is in possession and control of private property shall knowingly allow any persons less than 21 years of age to possess or consume marijuana anywhere on private property in their possession and control.

B.    No person in possession and control of private property shall knowingly host, permit, or allow persons under 21 years of age to gather at said property where marijuana is available, without making reasonable efforts to ensure that persons under 21 years of age do not consume marijuana.

1.    Reasonable efforts include, but are not limited to, limiting the amount of marijuana available, limiting the size of the gathering, restricting access to marijuana by persons under 21 years of age, and obtaining valid state identification documents confirming a person’s age.

C.    The provisions of this section shall not apply if the person in possession or using marijuana possesses a valid medical marijuana card and is in compliance with the Colorado Revised Statutes.

D.    Knowingly allowing underage persons to possess or consume marijuana on private property is a misdemeanor. (Ord. 2-2013 § 8).

5.10.185 Unlawful acts related to licensed commercial marijuana establishments.

A.    It is unlawful to allow an unauthorized person into a limited-access area.

B.    It is unlawful to allow a person licensed pursuant to state statute to be within a limited-access area without the person’s license badge displayed as required by state statute, except as provided in Sections 44-11-701 and 44-12-701, C.R.S.

C.    It is unlawful to sell or permit the sale of marijuana or marijuana products to a person under 21 years of age who does not possess a medical marijuana card in compliance with the Colorado Revised Statutes.

D.    It is unlawful to sell or permit the sale of medical marijuana or medical marijuana products to a person not authorized to purchase medical marijuana pursuant to Colorado statute.

E.    It is unlawful to present false, altered or fraudulent identification or documents when purchasing marijuana or marijuana products.

F.    It is unlawful for a person under 21 years of age to purchase marijuana, marijuana concentrate or marijuana products who does not possess a medical marijuana card in compliance with the Colorado Revised Statutes.

G.    It is unlawful for a person not authorized to purchase medical marijuana or medical marijuana products to purchase from a medical marijuana business.

H.    It is unlawful to sell more than a quarter of an ounce of retail marijuana and no more than a quarter of an ounce equivalent of a retail marijuana product during a single transaction to a nonresident of Colorado.

I.    It is unlawful to sell more than one ounce of retail marijuana and no more than an ounce equivalent of a retail marijuana product during a single transaction.

J.    It is unlawful to sell, serve, or distribute marijuana, marijuana concentrate or products containing marijuana except during the hours provided for in the city of Gunnison Land Development Code.

K.    It is unlawful for a person to consume marijuana or products containing marijuana or marijuana concentrate in a licensed marijuana establishment, and it is unlawful for a marijuana licensee to allow marijuana or products containing marijuana or marijuana concentrate to be consumed upon its licensed premises.

L.    It is unlawful to have on any licensed premises any marijuana, marijuana products, or marijuana paraphernalia that shows evidence of marijuana usage or marijuana products having been consumed or partially consumed.

M.    It is unlawful for any person licensed to sell marijuana or marijuana products to:

1.    Display any signs that are inconsistent with the LDC;

2.    To use advertising material that is misleading, deceptive, or false, or that is designed to appeal to minors.

N.    All sales, transfers and distribution of marijuana by a licensed marijuana establishment shall occur only upon licensed premises, and the licensee shall be strictly prohibited from delivery of marijuana to any person at any other location.

O.    The transfer, sale, trade, or exchange of marijuana in violation of this section is a misdemeanor. Obtaining marijuana in violation of this section is a petty offense. (Ord. 11-2018 § 1; Ord. 7-2015 § 6).

5.10.187 Immunity for persons who suffer or report an emergency drug or alcohol overdose event.

A.    A person shall be immune from criminal prosecution for an offense under GMC 5.10.160, 5.10.180, 5.10.181, 5.10.182(A), (B) or (D), and 5.10.184:

1.    The person reports in good faith an emergency drug or alcohol overdose event to a law enforcement officer, to the 911 system, or to a medical provider;

2.    The person remains at the scene of the event until a law enforcement officer or an emergency medical responder arrives or the person remains at the facilities of the medical provider until a law enforcement officer arrives;

3.    The person identifies himself or herself to, and cooperates with, the law enforcement officer, emergency medical responder, or medical provider; and

4.    The offense arises from the same course of events from which the emergency drug or alcohol overdose event arose.

B.    The immunity described in subsection (A)(1) of this section also extends to the person who suffered the emergency drug or alcohol overdose event.

C.    The immunity described in subsection (A)(1) of this section does not apply to a licensee or employee or agent of a marijuana establishment working within the scope of their employment. (Ord. 7-2015 § 7).

5.10.188 Colorado Retail Marijuana Code, Colorado Medical Marijuana Code and Colorado Code of Regulations (CCR).

Except as otherwise specifically provided, the city of Gunnison ordinances related to marijuana incorporate the requirements and procedures set forth in the Colorado Retail Marijuana Code, the Colorado Medical Marijuana Code and the Colorado Code of Regulations. In the event of any conflict between the provisions of this section and the provisions of the Colorado Retail Marijuana Code, Colorado Medical Marijuana Code and Colorado Code of Regulations or any other applicable state or local law, the more restrictive provision, article or section shall be used. (Ord. 7-2015 § 8).

5.10.190 Prostitution.

A.    No person shall perform, offer to perform, or agree to perform any act of sexual intercourse, fellatio, cunnilingus, masturbation, or anal intercourse, with any person not his/her spouse, in exchange for money or other things of value.

B.    No person shall by word, gesture, or action endeavor to further the practice of prostitution in any public place or within public view.

C.    No person shall engage in an act of sexual intercourse or deviate sexual conduct with a prostitute.

D.    Prostitution is a misdemeanor. (Code 1997 § 5-1-19).

5.10.200 Theft.

A.    No person shall knowingly obtain or exercise control over anything of value of another without authorization, or by threat or deception, and:

1.    Intends to deprive the other person permanently of the use and benefit of the thing of value; or

2.    Knowingly uses, conceals, or abandons the thing of value in such a manner as to deprive the other person permanently of its use or benefit; or

3.    Uses, conceals, or abandons the thing of value intending that such use, concealment, or abandonment will deprive the other person permanently of its use or benefit; or

4.    Demands any consideration to which he/she is not legally entitled as a condition of restoring the thing of value to the other person.

B.    If any person knowingly 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 his/her own person or otherwise, and whether on or off the premises of said store or mercantile establishment, such concealment constitutes prima facie evidence that the person intended to commit the crime of theft.

C.    If any person conceals upon his person or otherwise and carries away any unpurchased goods, wares, or merchandise held or owned by any store or mercantile establishment, the merchant or any employee thereof or any peace officer, acting in good faith and upon probable cause based upon reasonable grounds therefor, may detain and question such person in a reasonable manner for the purpose of ascertaining whether the person is guilty of theft. Such questioning of a person by a merchant, merchant’s employee, or peace or police officer does not render the merchant, merchant’s employee, or peace officer civilly or criminally liable for slander, false arrest, false imprisonment, malicious prosecution, or unlawful detention.

D.    This section does not apply if the thing of value is over $100.00.

E.    Theft is a misdemeanor. (Code 1997 § 5-1-20).

5.10.210 Theft of rental property.

Repealed by Ord. 2-2015. (Code 1997 § 5-1-21).

5.10.220 Consumption of malt, vinous, or spirituous liquors in public places.

A.    No person shall consume malt, vinous, or spirituous liquors, as defined under the Colorado Liquor Code, in or upon any public park of the city of Gunnison, or any public highway, street, or alley within the city of Gunnison, unless such place is licensed to sell alcoholic beverages for consumption upon such premises pursuant to part 101 of article 5 of title 44, C.R.S.

B.    Public consumption of malt, vinous, or spirituous liquors is a misdemeanor. (Ord. 12-2018 § 1; Ord. 6-2005 § 1; Ord. 3-1998 § 1; Code 1997 § 5-1-22).

5.10.230 Underage possession or consumption of ethyl alcohol.

A.    No person under 21 years of age shall possess or consume ethyl alcohol.

B.    It shall be an affirmative defense to the offense described in this section that the ethyl alcohol was possessed or consumed by a person under 21 under the following circumstances:

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/her 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 confectionery which contained ethyl alcohol within the limits prescribed in the Colorado Revised Statutes, 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; or

3.    The possession or consumption of ethyl alcohol which takes place for religious purposes protected by the First Amendment of the United States Constitution.

C.    Prima facie evidence of a violation of GMC 5.10.220 shall consist of:

1.    Evidence that the defendant was under 21 years of age and possessed or consumed ethyl alcohol;

2.    Evidence that the defendant was under 21 years of age and manifested any of the characteristics commonly associated with ethyl alcohol intoxication or impairment.

D.    Illegal possession or consumption of alcohol by an underage person is a petty offense. (Code 1997 § 5-1-23).

5.10.240 Underage purchase of ethyl alcohol.

A.    It shall be unlawful for any person to obtain or attempt to obtain ethyl alcohol by misrepresentation of age or by any other method in a place where ethyl alcohol is sold when such person is under 21 years of age.

B.    Underage purchase of ethyl alcohol is a petty offense. (Code 1997 § 5-1-24).

5.10.241 Knowingly allowing underage persons to possess or consume ethyl alcohol on private property.

A.    No person who is in possession and control of private property shall knowingly allow any persons under 21 years of age to possess or consume any ethyl alcohol anywhere on the private property in their possession and control.

B.    No person in possession and control of private property shall knowingly host, permit, or allow persons under 21 years of age to gather at said property, where ethyl alcohol is available, without making reasonable efforts to ensure that persons under 21 years of age do not consume ethyl alcohol, and ethyl alcohol is consumed by one or more persons under 21 years of age.

1.    Reasonable efforts include, but are not limited to, limiting the amount of ethyl alcohol available, limiting the size of the gathering, restricting access to ethyl alcohol by persons under 21 years of age, and obtaining valid state identification documents confirming a person’s age.

C.    It shall be an affirmative defense to this section if the ethyl alcohol was possessed or consumed in accordance with GMC 5.10.230(B).

D.    Knowingly allowing underage persons to possess or consume ethyl alcohol on private property is a misdemeanor. (Ord. 5-2010 § 1).

5.10.250 Evidence of ethyl alcohol.

During any trial for violation of GMC 5.10.210 or 5.10.220, any bottle, can, or any other container with labeling indicating the contents of such bottle, can, or container shall be admissible into evidence, and 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 are 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,” “malt liquor,” “wine,” “champagne,” “whiskey,” “gin,” “vodka,” “tequila,” “schnapps,” “brandy,” “cognac,” “liqueur,” “cordial,” “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 ethyl alcohol. (Code 1997 § 5-1-25).

5.10.260 Weapon offenses.

A.    No person shall discharge any firearm, airgun, BB gun, slingshot, bow, or any toy gun projecting lead or any missiles recklessly or with criminal negligence.

B.    No person shall carry any firearm, whether loaded or not, into any premises licensed to sell alcoholic beverages.

C.    No person shall carry any weapon into any building housing government offices and having a sign posted prohibiting such weapons near the entrance.

D.    It shall not be an offense under subsection (B) or (C) of this section if:

1.    The weapon is brought into a building housing a law enforcement agency for the purpose of turning the item in to that agency or while in the process of leaving the building after claiming an item. In all cases the item will be unloaded, cased or by some other means made safe to handle.

2.    The weapon is being brought into the facility for a scheduled event or activity where the item is allowed and the person responsible for the facility is aware of the event.

3.    The person is legally authorized to carry a concealed handgun and acting in accordance with state law pertaining to permitted carry and the handgun is concealed.

E.    Nothing in this section shall prohibit a law enforcement officer from carrying a weapon or firearm, or discharging a weapon or firearm, in the lawful performance of his/her duties.

F.    Weapons offenses are misdemeanors. (Ord. 1-2011 § 5; Code 1997 § 5-1-26).

5.10.270 Closure of public parks.

A.    No person shall enter or remain upon a park of the city of Gunnison between the hours of 12:00 midnight and 5:00 a.m. local time, except when such person is in attendance at an event either sponsored by or expressly permitted, in writing, by the city of Gunnison parks and recreation department.

B.    Violation. Violation of the public park closure is a petty offense.

C.    Upon conviction of an offense of this section a person shall be fined the sum of $100.00. (Code 1997 § 5-1-27).

5.10.271 Unlawful possession of tobacco products by persons under the age of 18.

A.    No person under the age of 18 years shall possess any tobacco product within the city of Gunnison.

B.    No person under the age of 18 years shall purchase or attempt to purchase any tobacco product within the city of Gunnison.

C.    No person shall knowingly give, sell, or distribute any tobacco product to any person who is under the age of 18 years within the city of Gunnison.

D.    It shall not be an offense under this section if the person under the age of 18 years was acting at the direction of an employee of a governmental agency authorized to enforce or ensure compliance with laws relating to the prohibition of the sale of cigarettes and tobacco products to persons under the age of 18 years.

E.    Violation of any of the provisions of this section is a petty offense. (Ord. 2-2017 § 2; Ord. 13-2013 § 2; Ord. 4-2011 § 2).

5.10.272 Penalties and procedures.

A.    A person receiving a summons for the alleged violation of GMC 5.10.271 shall appear in Gunnison municipal court with a parent or legal guardian on the date set forth on the summons. Should the minor fail to appear with a parent or legal guardian, a summons shall be issued for both the minor and the minor’s parent(s) or legal guardian(s) compelling the attendance in Gunnison municipal court of the minor and at least one of the minor’s parents or legal guardians.

B.    Upon issuance of a first summons and complaint for a violation of GMC 5.10.271, if such person appears before the municipal court accompanied by a parent or guardian, such person, upon conviction, shall be sentenced to participate in and complete a tobacco product education class and to pay the fees associated therewith. If such person, with the express consent of a parent or guardian, refuses to take the tobacco education class, the court shall assess as a penalty an amount equal to the fees charged for such class.

C.    Upon a second conviction, the court shall assess a penalty of $50.00 and/or order the person so convicted to participate in the tobacco product education class a second time.

D.    For a third or more conviction, the court shall assess a penalty in the amount of $100.00. (Ord. 2-2017 § 3; Ord. 13-2013 § 3; Ord. 4-2011 § 3).

5.10.280 Applicability to juveniles.

The ordinances of the city of Gunnison are applicable to juveniles over the age of 14, except that a juvenile may not be incarcerated pre- or post-adjudication. (Code 1997 § 5-1-28).

5.10.290 Penalties.

A.    Upon conviction of an offense set forth in this chapter which is classified as a misdemeanor, a person shall be fined in a sum not to exceed $1,000 for any one offense or imprisoned for a period not exceeding 90 days, or both such fine and imprisonment.

B.    Upon conviction of an offense set forth in this chapter which is classified as a petty offense, a person shall be fined in a sum not to exceed $100.00 for any one offense.

C.    Upon conviction for any offense set forth in this chapter, in addition to any fine or imprisonment, a person may be required to perform useful public service or such other sanction as deemed appropriate by the court. (Ord. 1-2011 § 6; Code 1997 § 5-1-29).

5.10.300 Surcharges levied on certain offenses.

A.    A surcharge in the sum of $50.00 is hereby levied upon each criminal action resulting in a conviction or in a deferred judgment and sentence of the following sections of this code: GMC 5.10.080, 5.10.090, 5.10.220, 5.10.230, 5.10.240, and 5.10.241. The surcharge shall be paid to the municipal court clerk by the defendant in such action, who shall transmit the sums collected to Safe Ride of Gunnison County, Inc.

B.    The surcharge levied pursuant to this section is separate and distinct from any costs or fines levied or imposed pursuant to this code.

C.    Safe Ride of Gunnison County, Inc., shall submit to the city council of the city of Gunnison, in writing, a financial report setting forth its sources of funds and all expenditures at least once during each calendar year. (Ord. 5-2010 § 2; Ord. 11-1999 §§ 1, 2; Code 1997 § 5-1-30).