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A. As used in this section, unless the context otherwise requires:

1. “Marijuana” shall have the same meaning as defined in Article XVIII, Section 16(2)(f) of the Colorado Constitution.

2. “Motor vehicle” means a vehicle driven or drawn by mechanical power and manufactured primarily for use on public streets and highways but does not include a vehicle operated exclusively on rails.

3. “Open marijuana container” means a receptacle or marijuana accessory that contains any amount of marijuana and:

a. That is open or has a broken seal;

b. The contents of which are partially removed; and

c. There is evidence that marijuana has been consumed within the motor vehicle.

B. 

1. Except as otherwise permitted in subsection (B)(2) of this section, a person while in the passenger area of a motor vehicle that is on a public street, highway or the right-of-way of a public street or highway within the Town of Parachute shall not knowingly:

a. Use or consume marijuana; or

b. Have in his or her possession an open marijuana container.

2. The provisions of this subsection (B) shall not apply to:

a. Passengers, other than the driver or a front seat passenger, located in the passenger area of a motor vehicle designed, maintained, or used primarily for the transportation of persons for compensation;

b. The possession by a passenger, other than the driver or a front seat passenger, of an open marijuana container in the living quarters of a house coach, house trailer, camper, motor home, as defined in § 42-1-102(57), C.R.S., or trailer coach, as defined in § 42-1-102(106)(a), C.R.S.;

c. Possession of an open marijuana container in the area behind the last upright seat of a motor vehicle that is not equipped with a trunk; or

d. The possession of an open marijuana container in an area not normally occupied by the driver or a passenger, in a motor vehicle that is not equipped with a trunk.

3. Any person who violates the provisions of this subsection (B) commits a noncriminal municipal offense. (Ord. 655 §2, 2013; Amended Ord. 677 §6, 2014)