PALMER LAKE, COLORADO

PALMER LAKE , COLORADO

ORDINANCE NO. 2 OF 2007

AN ORDINANCE FOR THE REGULATION OF POSSESSION OF DRUG PARAPHERNALIA IN THE TOWN OF PALMER LAKE, COLORADO

            WHEREAS the Town of Palmer Lake has determined that regulation of possession of drug paraphernalia is necessary and appropriate for the town; and

            WHEREAS, the Town of Palmer Lake declares that passage of this ordinance is necessary for the health, safety and welfare of the people of the Town of Palmer Lake.

            NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF PALMER LAKE, EL PASO COUNTY, COLORADO, AS FOLLOWS: 

Section 1.  A new section 9.42.010 entitled “Possession of Drug Paraphernalia” is added to the Palmer Lake Municipal Code to read as follows:

9.42.010 Possession of Drug Paraphernalia. 

1. For the purposes of this section, the term “drug paraphernalia” shall have the same meaning as contained in the Colorado Uniform Controlled Substances Act of 1992, Sections 18-18-426 and 427, C.R.S., as enacted or amended.
    
2. For the purposes of this section, the term “controlled substance” shall have the same meaning as contained in the Colorado Uniform Controlled Substances Act of 1992, Sections 18-18-101, C.R.S., et seq. as enacted or amended, which meaning includes any drug, substance, or immediate precursor included in Schedules I through V in Sections 18-18-203 through 18-18-207, C.R.S., as enacted or amended, including cocaine, marijuana, and the marijuana concentrate.
    
3. A person commits possession of drug paraphernalia if he or she possesses drug paraphernalia and knows or reasonably should know that the drug paraphernalia could be used under circumstances in violation of the laws of the State of Colorado and upon conviction thereof, or plea of guilty or no contest thereto, punishment shall be by a fine of one hundred dollars ($100.00) and/or by imprisonment not exceeding fifteen (15) days.
   

Section 2.  Severability.  It is hereby declared to be the intention of the Board of Trustees of the Town of Palmer Lake, Colorado that the sentences, clauses and phrases of this ordinance are severable, and if any sentence, clause or phrase of this ordinance be declared unconstitutional or invalid by the valid judgment or decree of Court of competent jurisdiction, such unconstitutionality or invalidity shall not affect any of the remaining sentences, clauses or phrases of this ordinance since the same would have been enacted by the Board of Trustees without the incorporation of any unconstitutional or invalid sentence, clause or phrase.

Section 3.  Publication and Effective Date.  The Town Clerk shall certify to the passage of this ordinance and cause notice of its contents and passage to be published or posted.  This ordinance shall become effective thirty (30) days after the date of publication.

PASSED AND ADOPTED THIS 10th DAY OF MAY, 2007

MALCOLM PARKER, MAYOR

ATTEST:

DELLA GRAY, TOWN CLERK