11.08.130 Consumption of marijuana and open marijuana containers in motor vehicles prohibited.
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)