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

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

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

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

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

"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.

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

Violations.

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).

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).

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

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

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

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 Cannabis Sativa L.

The term "cannabis" shall include all parts of the plant cannabis sativa L, whether growing or not; the seeds thereof; the resin extracted from any part of such plant; and every compound, manufacture, salt derivative, mixture, or preparation of such plant, its seeds, or resin, but shall not include the mature stalks of such plant, any other compound, manufacture, salt, derivative, mixture, or preparation of its mature stalks, except the resin extracted there-from, fiber, oil, or cake, or the sterilized seed of such plant which is incapable of germination. The term "cannabis concentrate" means hashish, tetrahydrocannabinois, or any alkaloid, salt, derivative, preparation, compound, or mixture, whether natural or synthesized, or tetrahydrocannabinois.

It is unlawful for any person to possess eight ounces or less of cannabis or cannabis concentrate, as both are hereinabove defined.

It is unlawful for any person openly or publicly to display one ounce or less of cannabis or cannabis concentrate, or consume any amount thereof.

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

[Source: Ord. 1093, 1994]

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

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.

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.

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.

Definitions: As used in this section:

"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.

"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:

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;

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

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;

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

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

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

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:

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

Water pipes;

Carburetion tubes and devices;

Smoking and carburetion masks;

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;

Miniature cocaine spoons and cocaine vials;

Chamber pipes;

Carburetor pipes;

Electric pipes;

Air-driven pipes;

Chillums;

Bongs; or

Ice pipes or chillers.

[Source: Ord. 1399, 2005]

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

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

The proximity of the object to controlled substances;

The existence of any residue of controlled substances on the object;

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;

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

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

National or local advertising concerning its use;

The manner in which the object is displayed for sale;

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;

The existence and scope of legal uses for the object in the community;

Expert testimony concerning its use.

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.

Unlawful Acts:

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.

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.

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.

[Source: Ord. 1093, 1994]