PALMER LAKE, COLORADO

PALMER LAKE , COLORADO

ORDINANCE NO. 3 OF 2007

AN ORDINANCE FOR THE REGULATION OF ILLEGAL POSSESSION OR CONSUMPTION OF ETHYL ALCOHOL BY UNDERAGE PERSONS IN THE TOWN OF PALMER LAKE, COLORADO

            WHEREAS the Town of Palmer Lake has determined that regulation of illegal possession or consumption of ethyl alcohol by underage persons 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 9.52.030 entitled “Illegal Possession or Consumption of Ethyl Alcohol by Underage Persons” is added to the Palmer Lake Municipal Code to read as follows:

9.52.030 Illegal Possession or Consumption of Ethyl Alcohol by Underage Persons. 

1. It is unlawful for any person under twenty-one (21) years of age to possess or consume ethyl alcohol within the Town of Palmer Lake.  Any person under twenty-one (21) years of age who possesses or consumes alcohol anywhere in the Town of Palmer Lake commits illegal possession or consumption of ethyl alcohol by an underage person.  Possession or consumption of ethyl alcohol by an underage person is a strict liability offense.
    
2. Prima facie evidence of a violation of this section shall consist of: (1) evidence, that the defendant was under the age of twenty-one (21) years and possessed or consumed ethyl alcohol anywhere in the Town of Palmer Lake; or (2) evidence that the defendant was under the age of twenty-one (21) years and manifested any of the characteristics commonly associated with ethyl alcohol intoxication or impairment while present anywhere in the Town of Palmer Lake.
    
3. 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.  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 were 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” or “whisky,” “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.
    
4. For purposes of this section, the following definitions shall apply:
1. “Ethyl alcohol” means any substance which is or contains ethyl alcohol.
    
2. “Possession of ethyl alcohol” means that a person has or holds any amount of ethyl alcohol anywhere on his or her person, or that a person owns or has custody of ethyl alcohol, or has ethyl alcohol within his or her immediate presence or control.
    
5. In any judicial proceeding concerning a charge under this section, the court shall take judicial notice of methods of testing a person’s blood, breath, saliva or urine for the presence of alcohol and of the design and operation of devices certified by the department of public health and environment for testing a person’s blood, breath, saliva or urine for the presence of alcohol.  This subsection shall not prevent the necessity of establishing during a trial that the testing devices were working properly and that such testing devices were properly operated.
    
6. It shall be an affirmative defense to the offenses described in this section that the ethyl alcohol was possessed or consumed by a person under twenty-one (21) years of age 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 or her parent or legal guardian who was present during such possession or consumption;
    
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 by Section 35-5-410(1)(I)(II), Colorado Revised Statutes; or the ingestion of any substance which was manufactured, designed or intended primarily for a purpose other than oral human ingestion; 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 shall not constitute a violation of this section if such possession or consumption takes place for religious purposes protected by the First Amendment to the United States Constitution.
    
7. Upon conviction of illegal possession or consumption of ethyl alcohol by underage persons, 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