6-3I-7: OPEN CONTAINERS OF MARIJUANA PROHIBITED:
A. It is unlawful for any person to possess any marijuana in any open marijuana container, or to consume marijuana, in the interior of a motor vehicle while the motor vehicle is either parked on a public street, right-of-way or alley within the town, or is being operated on a public street, right-of-way or alley within the town. A 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 and each subsequent 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 peace officer is authorized to seize any marijuana or open marijuana container that is used in the commission of a violation of subsection A of this section. If no summons or notice is issued for a violation of subsection A of this section, and if the circumstances reasonably permit, the peace officer may require the person who has committed a violation of subsection A of this section to abandon the marijuana to the officer for destruction.
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. (Ord. 40, Series 2013)