CHAPTER 9
GENERAL OFFENSES AND NUISANCE CONTROL

ARTICLE 9
OFFENSES RELATING TO ALCOHOL AND DRUGS

Section 9-9-1. Possession of Alcohol in Public Places.

(a)

Definitions. As used in this article, the following words and phrases shall have the following meanings:

(1)

"Container" -- any enclosing structure or vessel including but not limited to a decanter, flask, bottle, jar, thermos bottle, cup, can or jug.

(2)

"Seal" -- the regular and original seal applied over the top or cap of any beer, malt, vinous or spirituous liquors.

(3)

"Alcoholic beverages" -- any fermented malt beverage, beer or malt, vinous or spirituous liquors as defined in Section 9-8-1 of this Code.

(4)

"Open container" -- any container that is open and would allow consumption by virtue of the seal being broken or any covering device utilized by the manufacturer as n original sealing device of the container being removed.

(5)

"Vehicle" -- any vehicle as defined in the Model Traffic Code as adopted by Section 7-1-2 of this Code.

(b)

Violations.

(1)

It is unlawful for any person to drink, possess or have under his control any alcoholic beverage in an open container or in a container, the seal of which is broken, in any designated public place within the City of Northglenn, or in any vehicle within reach of the driver thereof, with the exception contained in Subsection (c).

(2)

It is unlawful for any person, while operating a vehicle in any public place within the City of Northglenn, to drink, possess, have under his control or allow any alcoholic beverage within the passenger compartment of a vehicle, in an open container or in a container the seal of which is broken, with the exception contained in Subsection (c).

(c)

Nothing in this section shall prohibit drinking or having open containers of alcoholic beverages in any public place under the following circumstances:

(1)

Under a Special Events permit issued by the City Clerk pursuant to Section 18-2-8 of this Municipal Code and Special Events Permit procedures promulgated by the Colorado Department of Revenue Liquor and Beer Code and approved by the City and State Liquor Licensing Authorities; or

(2)

Under a Special Private Occasion Permit issued by the Local Liquor Licensing Authority pursuant to Section 18-2-8.5 of this Municipal Code.

(d)

Presumption. Any liquid found in any container as described in this chapter and which in the sensory perception of the investigating agent either looks or smells of alcohol shall be presumed to be an alcoholic beverage or alcoholic liquor. Any container shall be presumed to hold the character of the contents described on a label or any information affixed to the container. Said presumptions shall be conclusive unless overcome and rebutted by competent evidence to the contrary.

[Source: Ord. 1093, 1994; 1409, 2005]

Section 9-9-2. Possession of Marijuana.

(a)

The term "marijuana" means all parts of the plant 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" does not include industrial hemp, nor does it include fiber produced from the stalks, oil, or cake made from the seeds of the plant, sterilized seed of the plant which is incapable of germination, or the weight of any other ingredient combined with marijuana to prepare topical or oral administrations, food, drink, or other product.

(b)

It is unlawful for any person to possess eight ounces or less of marijuana as hereinabove defined.

(c)

It is unlawful for any person to display, consume or use marijuana in any public place as defined in Section 9-1-1(a)(15), upon property owned, operated, leased or maintained by the State or any political subdivision or agency thereof, or upon property owned, operated, leased or maintained by the City of Northglenn.

(d)

The provisions of this Section shall not apply to any person who possesses or uses marijuana pursuant to the Dangerous Drugs Therapeutic Research Act.

(e)

The provisions of this section shall not apply to the personal use of marijuana and marijuana accessories by any person that is twenty-one years of age or older to the extent provided by Article XVIII, Section 16(3) of the Colorado Constitution.

(1)

The personal use of marijuana and marijuana accessories pursuant to Article XVIII, Section 16(3) of the Colorado Constitution shall not include openly or publicly consuming or growing marijuana or consuming marijuana in a manner that endangers others.

(2)

For purposes of this section, the term "openly and publicly" means (a) in a manner observable by the public or a substantial number of the public; (b) in an area to which the public has access without restriction, including, but not limited to, streets, public ways, highways, sidewalks, alleys, bicycle paths, trails, public buildings, parks, open spaces, parking lots, shopping centers, places of business usually open to the general public, playgrounds, transportation facilities, places of amusement, and the common areas of buildings and other facilities, but shall not include any activity occurring on private residential property by the occupant or their guests.

(f)

Any violation of this section is a civil infraction, punishable according to Section 1-1-10(a)(3) of the Municipal Code, as amended, or is a nuisance, punishable according to this Chapter, or both. In no case shall a violation of this section be deemed to be punishable by jail time. The penalty set forth in Section 1-1-10(a)(2) of the Municipal Code does not apply.

[Source: Ord. 1093, 1994; 1643, 2013; 1785, 2019; 1801, 2020]

Section 9-9-3. Toxic Vapors-Inhalation Prohibited.

(a)

Definitions: As used herein "toxic vapor" shall mean the vapor or fumes released by the following substances or products containing such substances: methyl, ethyl, isopropyl, propyl, and butyl alcohols; ethyl, methyl, acetone; benzene; carbon tetrachloride; cyclohexane; freon 11 and freon 12; hexane; methyl ethyl ketone; methyl isobutyl ketone; naphtha; perchlorethylene; toluene; trichloroethane; or xylene.

(b)

Use: It is unlawful for any person to intentionally inhale toxic vapors for the purpose of causing a condition in oneself of euphoria, excitement, exhilaration, stupefaction, or dulled senses or nervous system.

(c)

Exception: This section shall not apply to the inhalation of anesthesia for medical or dental purposes.

[Source: Ord. 1093, 1994]

Section 9-9-4. Control of Drug Paraphernalia.

(a)

Definitions: As used in this section:

(1)

"Controlled substance" -- shall mean a "controlled substance" as that term is defined in Section 12-22-303(7), 5 C.R.S. (1985 Repl. Vol.), or as amended.

(2)

"Drug Paraphernalia" -- means 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 into the human body a controlled substance in violation of the laws of this state. "Drug paraphernalia" includes, but is not limited to:

(i)

Testing equipment used, intended for use, or designed for use in identifying or in analyzing the strength, effectiveness, or purity of controlled substances under circumstances in violation of the laws of this state;

(ii)

Scales and balances used, intended for use, or designed for use in weighing or measuring controlled substances;

(iii)

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

(iv)

Blenders, bowls, containers, spoons, and mixing devices used, intended for use, or designed for use in compounding controlled substances;

(v)

Capsules, balloons, envelopes, and other containers used, intended for use, or designed for use in packaging small quantities of controlled substances;

(vi)

Containers and other objects used, intended for use, or designed for use in storing or concealing controlled substances; or

(vii)

Objects used, intended for use, or designed for use in ingesting, inhaling, or otherwise introducing marijuana, cocaine, hashish, or hashish oil into the human body, such as:

(a)

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

(b)

Water pipes;

(c)

Carburetion tubes and devices;

(d)

Smoking and carburetion masks;

(e)

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

(f)

Miniature cocaine spoons and cocaine vials;

(g)

Chamber pipes;

(h)

Carburetor pipes;

(i)

Electric pipes;

(j)

Air-driven pipes;

(k)

Chillums;

(l)

Bongs; or

(m)

Ice pipes or chillers.

(3)

"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 ingesting, inhaling, or otherwise introducing marijuana to the human body.

(b)

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

(1)

Statements by an owner or by anyone in control of the object concerning its use;

(2)

The proximity of the object to controlled substances;

(3)

The existence of any residue of controlled substances 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 reasonably 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 9-9-4;

(5)

Instructions, oral or written, provided with the object concerning its use;

(6)

Descriptive materials accompanying the object which explain or depict its use;

(7)

National or local advertising concerning its use;

(8)

The manner in which the object is displayed for sale;

(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.

(c)

In the event a case brought pursuant to this Section 9-9-4 is tried before a jury, the Court shall hold an in camera evidentiary hearing on issues raised pursuant to this article.

(d)

Unlawful Acts:

(1)

It is unlawful for any person to possess drug paraphernalia if he knows or reasonably should know that the drug paraphernalia could be used under circumstances in violation of the laws of the State of Colorado or the City of Northglenn.

(2)

It is unlawful for any person to sell or deliver, possess with intent to sell or deliver, or manufacture with intent to sell or deliver equipment, products, or materials knowing, or under circumstances where one reasonably should know, that such equipment, products, or materials could be used as drug paraphernalia.

(3)

It is unlawful for any person to place an advertisement in any newspaper, magazine, handbill, or other publication with the intention of promoting the sale in the City of equipment, products, or materials designed and intended for use as drug paraphernalia.

(4)

The provisions of this section shall not apply to the personal use of "marijuana accessories" as defined in this section by any person that is twenty-one years of age or older to the extent provided by Article XVIII, Section 16(3) of the Colorado Constitution.

(e)

Any violation of this section is a civil infraction, punishable according to Section 1-1-10(a)(3) of the Municipal Code, as amended, or is a nuisance, punishable according to this Chapter, or both. In no case shall a violation of this section be deemed to be punishable by jail time. The penalty set forth in Section 1-1-10(a)(2) of the Municipal Code does not apply.

[Source: Ord. 1093, 1994; 1644, 2013]

Section 9-9-5. Use of Flammable Gas to Extract THC. The use of flammable gas as a solvent in the extraction of tetrahydrocannabinol ("THC") or any other cannabinoid is prohibited within any residential structure in the City.

[Source: Ord. 1693, 2015]