9.7.201: CONCEALMENT AND USE:

It is unlawful for any person to wear under the person's clothes or conceal about the person, or to use or to attempt to use as a weapon, any substance or article containing any substance which is required to bear a cautionary label stating that its use in other than the manner prescribed is dangerous or deadly or injurious to the body of any person or animal, or may be the cause of illness of any person or animal, as requirements are set forth in the Colorado Hazardous Substances Act 1 , or any other Statute of the State of Colorado which may now be or later be enacted to control the injurious substances, or are established by the Federal Hazardous Substances Labeling Act 2 or are established by part 191 of chapter 1, title 21 of the Federal Food and Drug Act, as any statute is now in effect or may later be amended, or are established by any State or Federal regulation promulgated pursuant to any statutes. (Ord. 4517; 1968 Code §8-15; Ord. 01-42)

 

Notes

1	1. CRS §25-5-501 et seq.
2	2. PL 86-613, §1 - 18, 74 stat. 372 - 381; 15 USC 1261 - 2374 dated February 1, 1961.

9.7.202: USE OF CERTAIN CHEMICALS PROHIBITED:

   A.   It is unlawful for any person to have in the person's possession, to sell, to offer for sale, to give away, to lend or to furnish, to use or threaten to use any device for dispensing mace, paralyzing gas, or any similar chemicals or combination of chemicals, or other ingredients, designed to injure, maim, paralyze, immobilize or cause the illness of a person or animal, whether or not the substance is packaged in a container under pressure. Any device designed to be carried in a handbag or pocket and which does not contain more than one and one-fourth (11/4) ounces of chemical may be possessed by and sold to persons eighteen (18) years of age and older and may be used by persons in self-defense.

   B.   Nothing in this section or section 9.7.201 of this part shall be construed to prohibit the use of the devices by peace officers and mailmen in the discharge of the person's duties, nor by employees of the City or any of its enterprises who have obtained the approval of the Mayor, the Chief Executive Officer of Colorado Springs Utilities, or the Chief Executive Officer for MHS Enterprise to use the devices in the performance of the person's duties.

   C.   It shall be a defense to an allegation of a violation of this section that the act was committed by a private security officer licensed by the City of Colorado Springs, in possession of more than one and one-fourth (11/4) ounces of chemical, but less than three (3) ounces of chemical, while exercising the privileges of the license. This defense shall not relieve the licensed private security officer of any civil liability incurred as a result of the use of the chemical. (1968 Code §8-15; Ord. 79-137; Ord. 01-42; Ord. 07-197; Ord. 08-64; Ord. 11-19; Ord. 15-66)

9.7.203: INCENDIARY OR EXPLOSIVE DEVICES:

   A.   It is unlawful for any person to throw, place or cause to be placed any incendiary or explosive device for the purpose of causing injury to any person or damage to property.

   B.   It is unlawful for any person to prepare or to assist in the preparation of an incendiary or an explosive device, to possess, handle, store, transport or sell any device, knowing the same is to be thrown, placed or caused to be placed for the purpose of causing injury to any person or damage to property.

   C.   Except as otherwise permitted by law, it is unlawful for any person to possess on the person, in any motor vehicle or in any structure, an incendiary or an explosive device as defined in this section.

   D.   An "incendiary or explosive device" includes, but not by way of limitation, any device consisting in whole or in part of flammable material or other material having the capability of exploding, igniting or burning. (Ord. 4517; 1968 Code §8-16; Ord. 01-42)

9.7.204: UNLAWFUL TO THROW STONES OR MISSILES:

It is unlawful for any person to intentionally, knowingly or recklessly throw, cast, project or hurl any stone or other missile by any means at or toward any other person or any other person's property. For purposes of this section, any other person's property shall include, but is not limited to, any vehicle, building or domesticated animal. (Ord. 4517; 1968 Code §8-17; Ord. 01-42)

9.7.205: INHALING TOXIC VAPORS:

   A.   No person shall knowingly smell or inhale the fumes of toxic vapors for the purpose of causing a condition of euphoria, excitement, exhilaration, stupefaction or dulled senses of nervous system, or possess, buy or use any substance for the purpose of violating or aiding another to violate this section.

   B.   No person shall knowingly be under the influence of any toxic vapor.

   C.   As used in this section the term "toxic vapors" means the following substances or products containing such substances: alcohols (methyl, isopropyl, propyl, or butyl), aliphatic acetates (ethyl, methyl, propyl, or methyl cellosolve acetate), acetone, allyl isothiocyanate, nitrous oxide, benzene, carbon tetrachloride, cyclohexane, freons (freon 11 and freon 12), hexane, methyl ethyl ketone, methyl isobutyl ketone, naphtha, perchlorethylene, toluene, trichloroethylene, or xylene. Evidence that a container, or a similar container, if the label is missing, lists one or more of these substances is prima facie evidence that the substance in the container contains toxic vapors and emits the fumes.

   D.   This section shall not apply to the inhalation of anesthesia for medical or dental purposes. (Ord. 89-119; Ord. 01-42; Ord. 03-105)

9.7.206: POSSESSION OF MARIJUANA:

   A.   Unlawful Possession; Under The Age Of Twenty One: It is unlawful for any person under the age of twenty one (21) years to possess or openly and publicly display one ounce or less of marijuana.

   B.   Unlawful Possession: It is unlawful for any person to possess or openly and publicly display more than one ounce but not more than twelve (12) ounces of marijuana.

   C.   Marijuana Defined: As used in this section and sections 9.7.207 and 9.7.208 of this part, "marijuana" means and includes: All parts of the plant Cannabis sativa L., whether growing or not, the seeds thereof, the resin extracted from any part of such plant, and every compound, manufacture, salt, derivative, mixture or preparation of such plant, its seeds or its resin. "Marijuana" does not include fiber produced from the stalks, oil or cake made from the seeds of the plant, or the sterilized seed of the plant which is incapable of germination, if these items exist apart from any other item defined as "marijuana" in this subsection. "Marijuana" does not include "marijuana concentrate" as defined in this subsection. "Marijuana concentrate" shall mean hashish, tetrahydrocannabinol, or any alkaloid, salt, derivative, preparation, compound, or mixture, whether natural or synthesized, of tetrahydrocannabinol.

   D.   Evidence: In addition to any other competent evidence identifying a substance as marijuana, results of the field test known as the "Duquenois-Levine Reagent System" shall be admissible in evidence and shall be prima facie evidence of whether or not the substance tested was marijuana. (Ord. 90-25; Ord. 01-42; Ord. 03-105; Ord. 13-18)

9.7.207: CONSUMPTION OF MARIJUANA IN PUBLIC PROHIBITED:

It shall be unlawful for any person to consume marijuana in or upon any street, alley, avenue, or park, or upon any public stairway or hall, or in any other public place within the City. (Ord. 13-19)

9.7.208: CONSUMPTION OF MARIJUANA IN VEHICLES PROHIBITED:

It shall be unlawful for any person to consume marijuana while in a vehicle which is on any street, roadway or other public place in the City, or for the driver, owner or person in control of a vehicle to permit any person to consume marijuana in a vehicle while the vehicle is on any street, roadway or other public place in the City. (Ord. 13-19)