City Council Minutes 2014 05 06 - Laserfiche WebLink

Home Browse Search

City Council Meeting Minutes May 6, 2014 Page 24 of 27 ORDINANCE No. 1661, SERIES 2014 — AN ORDINANCE AMENDING THE LOUISVILLE MUNICIPAL CODE TO ESTABLISH MARIJUANA OFFENSES — 2nd Reading — Public Hearing Mayor Muckle requested a City Attorney introduction. City Attorney Light introduced Ordinance No.1661, Series 2014. Mayor Muckle requested a staff presentation. City Clerk Varra explained Amendment 64 legalized the private use of marijuana for persons twenty -one years of age or older. Ordinance No. 1661, Series 2014 amends the Louisville Municipal Code (LMC) to establish penalties for marijuana offenses. If the Council approves Ordinance No. 1661, Series 2014, the Louisville Municipal Court could hear and adjudicate cases relating to the possession and consumption of marijuana by minors and consumption of marijuana in public places. Section 1.2.8.010 of the LMC establishes the maximum penalties for municipal violations, which may include a fine of not more than $2,650 or imprisonment not to exceed one year, or both. A minor child under the age of eighteen years of age would not be confined to jail, but may be held in a juvenile detention facility. Juveniles under 18 years of age are only sent to juvenile detention for contempt of court and not for an original offense. As with any case coming before the Court, the Municipal Judge has the discretion to enter fines and penalties suitable for the offense. Although the Louisville Municipal Code does provide the authority for the Municipal Court to hear cases of Juveniles in Possession of Alcohol, the previous Police Chief elected to write such cases into the Boulder County Court where they are referred to the Boulder County Health Department for Alcohol Diversion programs. The City Clerk, Municipal Judge and the new Police Chief met to discuss the ordinance. Chief Hayes was very supportive of the ordinance and writing juvenile alcohol and marijuana related cases into the Municipal Court. Staff recommended City Council approval of Ordinance No. 1661, Series 2014. The Court staff believes it is in the best interest of the City to have the municipal court handle such cases. Chief Hayes voiced his support of Ordinance No. 1661, Series 2014, and of writing summons into the municipal court. COUNCIL COMMENTS Council member Keany wanted assurances this ordinance would not affect the private rights of adults using marijuana products in the privacy of their own homes. Chief Hayes confirmed it would not affect the private rights of adults.