CHAPTER 2
MISCELLANEOUS OFFENSES
SECTION:
4-2-1: Weapons (Rep. by Ord. 310, 2-13-2018)
4-2-2: Open Liquor Containers
4-2-3: Local Liquor Licensing Authority
4-2-4: Gambling
4-2-5: Curfew, Minors (Under 18 Years Of Age)
4-2-6: Public Parks, Wastewater Treatment Plant And Cemetery; Restriction On Use
4-2-7: Disorderly Conduct
4-2-8: Trespass
4-2-9: Loitering On School Grounds Or In A School Building
4-2-10: Possession And Use Of Tobacco Products, E-Cigarettes, And Similar Vaping Devices By Minors
4-2-11: Shoplifting And Theft Prohibited
4-2-12: Marijuana Facilities And Retail Stores
4-2-1: WEAPONS:
(Rep. by Ord. 310, 2-13-2018)
4-2-2: OPEN LIQUOR CONTAINERS:
It shall be unlawful for any person or persons to carry or have any open containers of any malt, vinous or spirituous liquors or fermented malt beverages in any vehicle in the Town, or on the grounds of any public school in said Town, or on any public street, sidewalk, alley or other public way or public place, including all Town of Simla parks and ball fields, except for licensed premises within the Town. All law enforcement officers are authorized and empowered to arrest or cause to be arrested, with or without process, any persons found violating the provisions of this section. (Ord. 268, 7-8-2008)
For the purpose of this section, the Governing Body of the Town shall be considered as the local licensing authority.
Any person found guilty of violating this section shall be punished for each violation by a fine as provided in section 1-4-1 of this Code. (1990 Code)
4-2-3: LOCAL LIQUOR LICENSING AUTHORITY:
The "local licensing authority" as defined in Colorado Revised Statutes 12-46-103(4) and 12-47-103(17), as amended, shall be the board of trustees. The town clerk and recorder shall serve as the executive secretary to the local licensing authority, hereinafter referred to as the "LLA" and shall be responsible for coordinating and receiving all payment of fees, application forms, and other documentation associated with the licensing process. The LLA shall exercise all discretion and responsibilities as set forth in the Colorado Revised Statutes article 47, title 12, also known as the Colorado liquor code and shall cooperate as necessary with the state licensing authority, hereinafter referred to as "SLA". Any differences or inconsistencies between the state statute as described herein and this code shall be settled in favor of the state statute, it being the intent of the LLA to follow the procedures and laws as set forth in the Colorado liquor code. A copy of the Colorado liquor code shall be kept on file with the town clerk and recorder for review and consideration by all town residents.
   A.   Licensing Process: A person or entity, referred to as the applicant, desiring to sell alcoholic liquors must first file the appropriate application with and obtain approval of the application from the LLA. The application process shall be that process set forth in Colorado Revised Statutes 12-47-301 et seq., as amended. Applicants shall be required to familiarize themselves with the state statute and must comply strictly with the requirements of the Colorado liquor code. The town clerk may provide such assistance, information, and forms as the clerk may be provided by the SLA, but the clerk is not required or allowed to render legal advice to an applicant.
   B.   Local Option: The licensing process shall be that process mandated by the Colorado liquor code unless the town elects to restrict entirely the sale of liquor within the town boundaries by following the petition/election process outlined in Colorado Revised Statutes 12-47-105, "local option", as amended.
   C.   Exemption From Licensing Process: Those persons and entities which are deemed to be exempt from the licensing requirements, as set forth in Colorado Revised Statutes 12-47-106, as amended, shall not be required to apply for a liquor license. Such exemptions include the sale or distribution of sacramental wines used for religious purposes.
   D.   License Requirements And Restrictions, License Transfer, Temporary Permits, And License Renewal:
      1.   The town has authority to consider and issue only those types of liquor licenses listed in Colorado Revised Statutes 12-47-309, as amended. Further, those persons or entities defined in Colorado Revised Statutes 12-47-306, as amended, prohibited from holding a liquor license, shall not be issued or allowed to maintain a liquor license within the boundaries of the town. Additionally, such persons or entities shall be prohibited from providing financial assistance to a holder of a liquor license as set forth in Colorado Revised Statutes 12-47-308, as amended.
      2.   The procedures and time requirements involved with the application for a new liquor license shall be those requirements, procedures, and time requirements as set forth in Colorado Revised Statutes 12-47-301, 12-47-311, 12-47-312, and 12-47-313, as amended.
      3.   The transfer of the ownership of a properly issued liquor license and the issuance of temporary permits shall be governed by the procedures and requirements as set forth in Colorado Revised Statutes 12-47-303.
      4.   Applications for the renewal of a liquor license must be made to the LLA at least forty five (45) days prior to the date of expiration of the license and shall be filed in accordance with Colorado Revised Statutes 12-47-302, as amended. The LLA may refuse to grant a renewal of the license for "good cause" and pursuant to the procedures and criteria set forth in Colorado Revised Statutes 12-47-302, as amended. (Ord. 205, 9-3-1997)
   E.   License And Application Fees: All application and license fees are set in accordance with Colorado Revised Statutes title 12, as amended. Any application for a license to sell fermented malt beverages or alcoholic liquors, any application for the transfer of the location or of the ownership of a license, and any application for the renewal of an existing license shall be accompanied by a nonreimbursable application fee set by statute. Unless any portion of a license fee is rebated by affirmative action of the local licensing authority, the license fees, as set by statute, and apportioned between the town and the state shall be as set forth in a schedule available at all times in the office of the town clerk. (Ord. 275, 12-8-2009)
4-2-4: GAMBLING:
   A.   Gambling Prohibited: No person shall play for money or other valuable things at any game with cards, dice, billiards or with any other article, instrument or thing whatsoever which may be used for the purpose of playing or betting upon or winning or losing any money or any other thing of value, nor shall bet upon any game others may be playing.
   B.   Gambling Houses And Devices: No person shall keep a gaming house, or in any building or other place by himself or his agent used or occupied, procure or permit any persons to frequent or come together to play for money or other valuable thing at any game, nor shall keep nor suffer to be kept any table or other apparatus for the purpose of playing at any game or sport for money or any valuable thing, nor shall keep nor rent any such place for any such purpose. (Ord. 22, 4-19-1919)
   C.   Confiscation And Destruction Of Gambling Paraphernalia: All gambling devices, gambling records and gambling proceeds are subject to seizure by any peace officer and may be confiscated and destroyed by order of a court acquiring jurisdiction. Gambling proceeds shall be transmitted by court order to the general fund of the state.
   D.   Penalty: Any person violating any of the provisions of this section shall, upon conviction, be fined as provided in section 1-4-1 of this code for each offense. A person who engages in gambling commits a class 1 misdemeanor; a person who possesses a premises commits a class 3 misdemeanor; and a repeat offender commits a class 5 felony. (1990 Code)
4-2-5: CURFEW, MINORS (UNDER EIGHTEEN YEARS OF AGE):
The following provisions shall be applicable to the creation and enforcement of the curfew:
   A.   Definitions: As used in this section, the following words shall have the necessary stated meanings:
         LOITER OR LOITERING: To be dilatory, to stand idly around, to linger, delay, or wander about, or to remain, abide, or tarry in a public place.
         PUBLIC PLACE: A place to which the public or a substantial number of the public has access, including, but not necessarily limited to, any street, alley, road, highway, sidewalk, automobile parking lot, school, place of amusement, park, playground, and public building or facility.
   B.   Unlawful Acts:
      1.   It shall be unlawful for any person under the age of eighteen (18) years, or for any parent, guardian or other person having care or custody of any person under the age of eighteen (18) years to allow or permit such person, or for that person to loiter in or upon any public place within the town subsequent to the hour of eleven o'clock (11:00) P.M., or prior to the hour of five o'clock (5:00) A.M., except for purposes of lawful employment, or unless such person under the age of eighteen (18) years is accompanied by the parent or guardian of said person or unless such person is involved in or attending a school, religious, community or athletic activity which includes adult sponsorship and supervision.
      2.   It shall further be considered and deemed to be an unlawful act for any person under the age of eighteen (18) years, or for any parent, guardian or other person having care or custody of any person under the age of eighteen (18) years to allow or permit such person, or for that person to be either the driver of or the passenger in any vehicle on a public road, street, highway, or public parking lot, within the time period as proscribed in subsection B1 of this section if such person is not accompanied by his or her parent or guardian, or unless such person is either traveling to or from his or her place of lawful employment, or a school, religious, community, or athletic activity which includes adult sponsorship and supervision.
      3.   Such person shall be deemed to be in violation of this section, as a loiterer, either on foot or in a vehicle, if such person, following the completion of his or her employment, school, religious, community, or athletic activity, has not taken the most direct route to his home within a reasonable amount of time following the completion of the event.
   C.   Effective Period: The provisions of this section shall be in effect and enforceable commencing on November 7, 1995, at eleven o'clock (11:00) P.M., and shall remain enforceable throughout the year.
   D.   Penalty: Any person who violates any of the provisions of section 4-2-5 shall be fined for a first offense within a one (1) year period of time, the sum of forty five dollars ($45.00). Subsequent violations within one (1) year shall result in the person receiving a summons and complaint to appear in the Simla Municipal Court and may result in a fine of up to seven hundred dollars ($700.00). (Res. 64-1995, 11-7-1995; amd. Ord. 319, 8-11-2020)
4-2-6: PUBLIC PARKS, WASTEWATER TREATMENT PLANT AND CEMETERY; RESTRICTION ON USE:
The following provisions shall be applicable to the creation and enforcement of the prohibition:
   A.   Public Parks, Cemetery, And Simla Wastewater Treatment Plant: "Public parks" shall refer to all public parks located within the town of Simla, including, but not limited to, the Simla town park located at 325 Pueblo Avenue, the Dean Tracy Memorial Park located at 1001 Antelope Street, the small town park located at 322 Navajo Avenue, and the Frank King Memorial Field/Ballfields located at 315 Cheyenne Avenue, all located within the town of Simla, Elbert County, Colorado. The town of Simla cemetery is located at 1100 Antelope Street, and the Simla wastewater treatment plant is located at 1109 Antelope Street, town of Simla, Elbert County, Colorado. (Ord. 222, 9-19-2000)
   B.   Unlawful Acts; Wastewater Treatment Plant; Adult Persons In Public Parks: It shall be unlawful for any person not employed or retained by the town to be upon, inhabit, or use any part of the Simla wastewater treatment plant without the permission of the town board or its designated employee or agent. It shall further be unlawful for any adult person to be upon, inhabit, or use any part or portion of a town public park during the following periods of time: (Ord. 222, 9-19-2000; amd. Ord. 294, 7-9-2013)
      1.   From the time when daylight saving time ends effective in October of each year to when daylight saving time starts in April of each year, the town public parks shall be closed to public use from the hour of nine o'clock (9:00) P.M., to the hour of five o'clock (5:00) A.M.
      2.   From the time when daylight saving time starts effective in April of each year to when daylight saving time ends in October of each year, the stated facilities shall be closed to public use from the hour of eleven o'clock (11:00) P.M., to the hour of five o'clock (5:00) A.M.
      3.   The above stated time periods shall not apply to residents or others involved with the parks or facilities as employees of the town or by permission of the town board or its designated agent or employee. Further the above stated time periods shall not apply to those persons involved in community, athletic, or other activity previously sanctioned in writing by the town board.
   C.   Unlawful Acts; Minors: It shall be unlawful for any minor (youth under the age of 18) not employed or retained by the town to be upon, inhabit, or use any part or portion of a town public park or the town cemetery, at any time of the year, from nightfall to five o'clock (5:00) A.M. The restriction set forth herein shall not apply to those minors involved with the parks or facilities as employees of the town, or to those minors involved in a school activity, which event is sponsored and supervised by school or town officials or employees, and which event has been previously approved by the town board, in writing, or to those minors accompanied by a parent or guardian during lawful hours.
   D.   Penalty: Any person who violates any of the provisions of this section 4-2- 6 shall be fined for a first offense within a one (1) year period of time, the sum of forty five dollars ($45.00). Subsequent violations within one (1) year shall result in the person receiving a summons and complaint to appear in the Simla Municipal Court and may result in a fine of up to seven hundred dollars ($700.00). (Ord. 222, 9-19-2000; amd. Ord. 319, 8-11-2020)
4-2-7: DISORDERLY CONDUCT:
It shall be unlawful for any person to disturb the peace and quiet of any neighborhood or family by committing disorderly conduct. A person commits disorderly conduct if he intentionally, knowingly, or recklessly:
   A.   Makes a coarse and obviously offensive utterance, gesture, or display in a public place and the utterance, gesture, or display tends to incite an immediate breach of the peace; or
   B.   Makes unreasonable noise in a public place or near a private residence that he has no right to occupy; or
   C.   Fights with another in a public place except in an amateur or professional contest of athletic skill; or
   D.   Not being a peace officer, discharges a firearm in a public place except when engaged in lawful target practice or hunting; or
   E.   Not being a peace officer, displays a deadly weapon in a public place in a manner calculated to alarm; or
   F.   Drives a vehicle, uses roller skates, or rides a bicycle or motorcycle on sidewalks, across parks or lawns, in such a manner as to be a danger to public safety or which activity is found to be destructive to private or public property. (Res. 96-99, 1-5-1999; amd. Ord. 213, 6-11-1999)
4-2-8: TRESPASS:
   A.   Unlawful: It shall be unlawful for any person to:
      1.   Intentionally or knowingly trespass or enter upon the premises or land of another or in possession of another without the permission of the owner or the person in possession of the premises or property, or having lawfully entered upon the premises or property, to remain on the premises or property after having been directed by the owner or person in possession of the premises or property to depart; or
      2.   To enter into or upon land or a building that is posted, locked, or otherwise fenced or enclosed in a manner that a reasonably prudent person would understand that the owner does not want the person on the land or in the building; or
      3.   To wilfully refuse or fail to leave any public building upon being requested to do so by the chief administrative officer, his or her designee, or the designated town officer charged with maintaining order in such public building, if the time of occupation is after regular operating hours or if the person so charged has committed, is committing, threatens to commit, or incites others to commit any act which did, or would if completed, disrupt, impair, interfere with, or obstruct the lawful missions, processes, procedures, or functions being carried on in the public building.
   B.   Definitions:
   PREMISES: Real property, buildings, and other improvements thereon.
   PUBLIC BUILDING: Any public building owned, operated, or controlled by the town, the state of Colorado, or by the federal government.
   C.   Penalty: Any person who shall violate any of the provisions of this section shall be fined in a sum of not less than twenty five dollars ($25.00), nor more than five hundred dollars ($500.00). (Ord. 235, 7-2-2002)
4-2-9: LOITERING ON SCHOOL GROUNDS OR IN A SCHOOL BUILDING:
It shall be unlawful for any person who with intent to interfere with or disrupt the school program or with intent to interfere with or endanger schoolchildren, loiters in a school building or on school grounds or within one hundred feet (100') of school grounds when persons under the age of eighteen (18) are present in the building or on the grounds, not having any reason or relationship involving custody of, or responsibility for, a pupil or any other specific, legitimate reason for being there, and having been asked to leave by a school administrator or his representative or by a peace officer.
   A.   The word "loiter" shall mean to be dilatory, to stand idly around, to linger, delay, wander about, to remain, abide or tarry in a public place.
   B.   An officer shall have reasonable grounds for belief that a person is loitering with intent to interfere with or disrupt the school program or with intent to interfere with or endanger schoolchildren if he or she observes the subject person to be engaged in behavior including, but not limited to, one or more of the following:
      1.   Take flight upon appearance of a peace officer.
      2.   Refuse to provide personal identification to the peace officer.
      3.   Endeavor to conceal the person's person or any object.
      4.   Systematically check the means of access to buildings or vehicles on the school grounds.
      5.   Maintain a continuous presence in close proximity to a place when the person's activity manifests a high probability of unlawful activity.
   C.   It shall be an affirmative defense that the defendant's acts were lawful and he was exercising his rights of lawful assembly as a part of a peaceful and orderly petition for the redress of grievances, either in the course of labor disputes or otherwise.
   D.   Any person who shall violate any of the provisions of this section shall be fined in a sum of not less than twenty five dollars ($25.00), nor more than five hundred dollars ($500.00). (Ord. 235, 7-2-2002)
4-2-10: POSSESSION AND USE OF TOBACCO PRODUCTS, E-CIGARETTES, AND SIMILAR VAPING DEVICES BY MINORS:
The following provisions shall be applicable to the prohibition and enforcement of the ordinance codified herein prohibiting the possession and use of tobacco products, e-cigarettes, and similar vaping devices by minors.
   A.   Intent: It is the intent of this section to protect the public health, safety, and welfare of the citizens of the Town of Simla, and particularly minor children, by prohibiting the possession and use of tobacco products, e-cigarettes, and similar vaping devices by minors and by prohibiting the dissemination and furnishing of tobacco products, e-cigarettes, and other vaping devices and products to minors.
   B   Definitions: As used in this section, the following words or phrases are defined as follows:
 
MINOR:
Any person under eighteen (18) years of age.
SMOKING:
Holding or carrying of a lighted pipe, lighted cigar, or lighted cigarette of any kind and includes the lighting of a pipe, cigar, or cigarette of any kind.
VAPING:
The act of inhaling and exhaling the aerosol, often referred to as vapor, which produced by an e-cigarette or similar device.
TOBACCO PRODUCT:
Any substance containing tobacco leaf, including, but not limited to cigarettes, cigars, pipe tobacco, snuff, chewing tobacco, or dipping tobacco.
 
   C.   Unlawful Possession or Use of Tobacco Products or Vaping Products by Minors.
      1.   It shall be unlawful for any minor to possess any tobacco product, e-cigarette, or other vaping device.
      2.   It shall be unlawful for any minor to consume or use, either by smoking, ingesting, absorbing, chewing, or vaping any tobacco product, e-cigarette, or other vaping device.
      3.   It shall be unlawful for any minor to purchase, obtain, or attempt to purchase or obtain any tobacco product, e-cigarette, or other vaping device by misrepresentation of age or by any other method.
      4.   It shall be rebuttably presumed that the substance within a package or container is a tobacco product, e-cigarette, or other vaping device if the package or container has affixed to it a label which identifies the package or container as containing a tobacco product, e-cigarette, or other vaping device.
      5.   The Simla Municipal Court may, in its discretion, and as part of the sentence to be imposed against any minor convicted of violating this section, require the offender to complete any educational requirement imposed as a component of any sentence.
   D.   Unlawful Furnishing of Tobacco Products, E-Cigarettes, or Other Vaping Devices to Minors:
      1.   It shall be unlawful for any person to knowingly furnish to any minor, by gift, sale, or any other means, any tobacco product.
      2.   It shall be an affirmative defense to a prosecution under this section that the person furnishing the tobacco product, e-cigarette, or other vaping device was presented with and reasonably relied upon a document which identified the minor receiving the item or items as being eighteen (18) years of age or older.
   E.   Retail Sale of Tobacco Products, E-Cigarettes, or Similar Vaping Device:
      1.   It shall be unlawful for any business proprietor, manager, or other person in charge or control of a retail business of any kind to engage, employ, or permit any minor to sell tobacco products, e-cigarettes, or similar vaping devices, from such retail business.
      2.   It shall be unlawful for any business proprietor, manager, or other person in charge of or control of a retail business of any kind to stock or display a tobacco product, e-cigarette, or similar vaping device in any way which allows a customer to access such tobacco product, e-cigarette, or similar vaping device, without first securing the physical assistance of an adult business employee for each transaction. The provisions of this section shall not apply to stores possessing a valid retail liquor store license, as defined by the Colorado Liquor Code, issued by the Town, and shall not apply to vending machines meeting the requirements of this section.
   F.   Vending Machines:
      1.   It shall be unlawful for any person to sell or offer to sell any tobacco product, e-cigarette, or other vaping device, by use of a vending machine or other coin operated machine except that tobacco products, e-cigarettes or other vaping devices may be sold at retail, through vending machines only in places to which minors are not permitted access and such vending machine is under the direct supervision of the owner of the establishment or an adult employee of the owner.
      2.   It shall be unlawful for any person to possess or allow upon premises controlled by such person an operable vending machine containing any tobacco product, e-cigarette, or other vaping device, unless such vending machine is located in a place where minors are not permitted access and such vending machine is under direct supervision of the owner of the establishment or an adult employee of the owner.
      3.   As used in this section, "under direct supervision" means the vending machine shall be in plain vision of the adult employee or owner during regular business hours.
   G.   Violation: Any person who shall violate any of the provisions of this section shall be fined in a sum of not less than forty five dollars ($45.00) nor more than seven hundred dollars ($700.00), per violation. (Ord. 319, 8-11-2020)
4-2-11: SHOPLIFTING AND THEFT PROHIBITED:
The following provisions shall be applicable to the prohibition of shoplifting and theft and the enforcement of this section:
   A.   Shoplifting Prohibited: It is unlawful for any person, without authorization, whether by threat or deception, to knowingly obtain or in any manner exercise control over any goods, wares, merchandise, or any other thing of value having a value of less than one thousand dollars ($1,000.00) which is owned or held by and offered or displayed for sale by any stores or other mercantile establishments located within the town of Simla, and the person:
      1.   Intends to deprive the store or mercantile establishment permanently of the use of the benefit of the thing of value; or
      2.   Knowingly uses, conceals, abandons, or otherwise exercises control over the thing of value in such a manner as to deprive the store or mercantile establishment permanently of its use or benefit; or
      3.   Uses, conceals, abandons, or otherwise exercises control over the thing of value intending that the use, concealment, abandonment, or control will deprive the store or mercantile establishment permanently of its use or benefit.
For purposes of this section, the term "deception" includes obtaining a full or partial refund for any goods the person knows have not been paid for or attempting to purchase or purchasing any goods for which the person knows the purchase price on the item has been altered.
It shall constitute prima facie evidence that a person intended to commit the offense of shoplifting if the person wilfully conceals unpurchased goods, wares, merchandise, or any other thing of value owned or held by and offered or intended to be offered or displayed for sale by any store or other mercantile establishment, whether the concealment be on the person or otherwise and whether it takes place on or off the premises of the store or mercantile establishment.
   B.   Concealment Of Goods: If any person wilfully conceals unpurchased goods, wares, merchandise, or any other thing of value owned or held by and offered or intended to be offered or displayed for sale by any store or other mercantile establishment, whether the concealment be on their own person or otherwise and whether such shall take place on or off the premises of the store or mercantile establishment, the concealment shall constitute prima facie evidence that the person intended to commit the offense of shoplifting.
   C.   Questioning Of Person Suspected Of Shoplifting Without Liability: If any person conceals or otherwise carries away any unpurchased goods, wares, merchandise, or other thing of value owned or held by and offered or intended to be offered or displayed for sale by any store or other mercantile establishment, the merchant or merchant's employee or any peace or police officer, acting in good faith and upon probable cause based upon reasonable grounds may detain and question the person in a reasonable manner for the purpose of ascertaining whether the person is guilty of shoplifting. Questioning of a person by a merchant, merchant's employee, or peace or police officer does not render the merchant, merchant's employee, or peace or police officer civilly or criminally liable for slander, false arrest, false imprisonment, malicious prosecution, or unlawful detention.
   D.   Theft: It is unlawful for any person, without authorization, to knowingly obtain or exercise control over anything having a value of less than one thousand dollars ($1,000.00), which is owned or lawfully possessed by another, and the person:
      1.   Intends to deprive the owner or lawful possessor permanently of the use or benefit of the thing of value; or
      2.   Knowingly uses, conceals, or abandons the thing of value in a manner as to deprive the owner or lawful possessor permanently of its use or benefit; or
      3.   Uses, conceals, or abandons the thing of value in a manner as to deprive the owner or lawful possessor permanently of its use or benefit.
   E.   Enforcement: Any person who shall violate any of the provisions of this section shall be fined in a sum of not less than twenty five dollars ($25.00), nor more than five hundred dollars ($500.00) and shall also be assessed with the full restitution of the thing of value taken should the thing of value not be returned in the same condition as when taken. (Ord. 268, 7-8-2008)
4-2-12: MARIJUANA FACILITIES AND RETAIL STORES:
   A.   Purpose And Prohibition: The purpose of this section is to promote the general public welfare and safety throughout the town of Simla, Elbert County, Colorado, and, as such, upon the passage of this section, the operation of marijuana cultivation facilities, marijuana product manufacturing facilities, marijuana testing facilities or retail marijuana stores within the incorporated areas of the town of Simla, Elbert County, Colorado, shall be strictly prohibited.
   B.   Definitions: Unless otherwise specified or the context otherwise requires, any terms used herein shall have the same meanings as provided in article XVIII, section 16 of the Colorado constitution. These definitions include, but are not limited to, the following:
      MARIJUANA ACCESSORIES: Any equipment, products, or materials of any kind which are used, intended for use, or designed for use in planting, propagating, cultivating, growing, harvesting, composting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, vaporizing, or containing marijuana, or for ingesting, inhaling, or otherwise introducing marijuana into the human body.
      MARIJUANA CULTIVATION FACILITY: An entity licensed to cultivate, prepare, and package marijuana and sell marijuana to retail marijuana stores, to marijuana product manufacturing facilities, and to other marijuana cultivation facilities, but not to consumers.
      MARIJUANA ESTABLISHMENT: A marijuana cultivation facility, a marijuana testing facility, a marijuana product manufacturing facility, or a retail marijuana store.
      MARIJUANA OR MARIHUANA: All parts of the plant of the genus Cannabis whether growing or not, the seeds thereof, the resin extracted from any part of the plant, and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or its resin, including marihuana concentrate. "Marijuana" or "marihuana" does not include industrial hemp, nor does it include fiber produced from the stalks, oil, or cake made from the seeds of the plant, sterilized seed of the plant which is incapable of germination, or the weight of any other ingredient combined with marijuana to prepare topical or oral administrations, food, drink, or other product.
      MARIJUANA PRODUCT MANUFACTURING FACILITY: An entity licensed to purchase marijuana; manufacture, prepare, and package marijuana products; and sell marijuana and marijuana products to other marijuana product manufacturing facilities and to retail marijuana stores, but not to consumers.
      MARIJUANA PRODUCTS: Concentrated marijuana products and marijuana products that are comprised of marijuana and other ingredients and are intended for use or consumption, such as, but not limited to, edible products, ointments, and tinctures.
      MARIJUANA TESTING FACILITY: An entity licensed to analyze and certify the safety and potency of marijuana.
      MEDICAL MARIJUANA CENTER: An entity licensed by a state agency to sell marijuana and marijuana products pursuant to section 14 of article XVIII of the Colorado constitution and the Colorado medical marijuana code.
      RETAIL MARIJUANA STORE: An entity licensed to purchase marijuana from marijuana cultivation facilities and marijuana and marijuana products from marijuana product manufacturing facilities and to sell marijuana and marijuana products to consumers.
   C.   Scope: This section shall apply within the incorporated town of Simla. This section shall in no way limit application and enforcement of any statutes of the state of Colorado but shall be in addition thereto.
   D.   Enforcement: This section shall be enforced by the town of Simla police department.
   E.   Violation; Penalty: It shall be unlawful for any person to violate any provision of this section. All violations of this section shall be brought in the Simla municipal court.
      1.   Disposition Of Fines And Forfeitures: Unless otherwise provided by law, all fines and penalties, and the surcharge thereon, for the violation of this section shall be paid into the treasury of the town of Simla. The fine for a first offense and for any subsequent offense shall be up to five hundred dollars ($500.00) per violation and each day shall be deemed a separate violation.
      2.   Surcharges: In addition to the fines and penalties prescribed in this section, any person convicted of a violation of this section shall be subject to the statutory surcharges as may be adopted and imposed by the Simla municipal court. These surcharges shall be paid to the Simla municipal court clerk by each person convicted of violating this section. (Ord. 292, 3-12-2013)