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A. Except as described in section 6-3I-10 of this article, it is unlawful for any person twenty one (21) years of age or older to openly and publicly consume, or use marijuana or marijuana concentrate. Any person convicted of having violated this subsection shall be punished by a fine as follows:

Offense Number

Fine Amount

First offense

$100.00 or less

Second offense

250.00 or less

Third offense

500.00

B. Pursuant to rule 210(b)(5) of the Colorado Municipal Court Rules of Procedure the Municipal Judge shall specify by suitable schedules the amount of the fines to be imposed for a first offense or a second offense violation of subsection A of this section.

C. Any person convicted of having committed a fourth violation of subsection A of this section, or any violation of subsection A of this section subsequent to a fourth violation, shall be punished, at a minimum, by a fine of not less than one thousand dollars ($1,000.00) or, at a maximum, by a fine of not more than two thousand dollars ($2,000.00) and by fifteen (15) days in the county jail.

D. The procedure described in section 6-3I-9 of this article shall apply to persons charged with a violation of subsection A of this section; provided, however, the procedure described in section 6-3I-9 of this article shall not apply to a person charged with a fourth violation of subsection A of this section, or any violation of subsection A of this section subsequent to a fourth violation. (Ord. 40, Series 2013)