Ordinance No. 98-01

BE IT ORDAINED by the Board of County Commissioners of the County of Larimer, Colorado:

Section I. Scope of Ordinance and Authority:

This Ordinance shall apply within the unincorporated territory of Larimer County, Colorado, and shall prohibit the possession of cigarettes and tobacco products by minors. The Board of County Commissioners of the County of Larimer, Colorado is authorized to enact this Ordinance pursuant to C.R.S. Subsection 39-28.5-101 (5), 1998 and C.R.S. Section 30-15-401 (1.5).

Section II. Definitions:

The following definitions shall apply to the interpretation and enforcement of this Ordinance:

  1. "Cigarette and/or tobacco products" means any substance containing tobacco leaf, including, but not limited to, cigarettes, cigars, cheroots, stogies, periques, granulated, plug cut, crimp cut, ready rubbed, and other smoking tobacco, snuff, snuff flour, cavendish, plug cuttings and sweepings of tobacco, and other kinds and forms of tobacco, prepared in such manner as to be suitable for chewing or for smoking in a pipe or otherwise, or both for chewing and smoking.
  2. "Minor" means a person under the age of 18 years.
  3. "Possess" means the manifestation of dominion, control, and/or exclusive use over any cigarettes or tobacco products and includes, but is not limited to, the act of having or holding any amount of cigarettes or tobacco products anywhere on his or her person or having any amount of cigarettes or tobacco products anywhere within his or her immediate control and includes the consumption, smoking, ingesting, absorbing, inhaling or chewing of any cigarette or tobacco product.

Section III. Minors Prohibited From Possessing Cigarettes Or Tobacco Products:

No minor shall possess any cigarettes and/or tobacco products.

Section IV. Penalties And Enforcement:

Violations of any provision of this Ordinance shall be a Class 2 Petty offense, and penalty for a violation of any provision of this Ordinance shall be a fine of $100.00. All fines shall be paid into the treasury of Larimer County. Each day of continuing violation shall be deemed to be a separate violation.

It is the duty of the Larimer County Sheriff's Department to enforce the provisions of this Ordinance. The penalty assessment procedure provided in C.R.S. Section 16-2-201, 1973, shall be followed by the Larimer County Sheriff's Department in enforcing the provisions of this Ordinance.

In addition to the penalty prescribed in this Ordinance are subject to a surcharge of ten dollars. This surcharge shall be paid to the clerk of the court by the defendant. Each clerk shall transmit the moneys to the court administrator of the judicial district in which the offense occurred for credit to the victims and witnesses assistance and law enforcement fund established in that judicial district pursuant to section 24-4.2-103 C.R.S.

When imposing a fine under this statute, the court shall separately state as a part of the total fine, the surcharge specified in 24-4.2-104 (1) C.R.S. The surcharge and fine shall not exceed the maximum allowed by section 4(a) of this Ordinance. The defendant shall also pay court costs and docket fees.

Section V. Procedure:

All prosecutions for all offenses under this Ordinance shall be by the District Attorney according to the Colorado County Court Rules of Civil Procedure.

Section VI. Severability:

Should any section, clause, sentence, or part of this Ordinance be adjudged by any court of competent jurisdiction to be unconstitutional or invalid, the same shall not affect, impair or invalidate the regulation as a whole or any part thereof other than the part so declared to be invalid.

Section VII. Safety Clause:

This Board of County Commissioners hereby finds, determines and declares that this Ordinance is necessary for the immediate preservation of the public welfare, health and safety.

Section VIII. Publication And Effective Date:

Following its adoption, this Ordinance shall be published in a newspaper of general circulation for Larimer County once by title only with the date of the initial publication and containing any section, subsection or paragraph of the Ordinance which was amended following the initial publication and shall take effect thirty (30) days after the date of the publication in said newspaper.

Upon motion duly made and seconded, the foregoing Ordinance was adopted on September 22, 1998.

Cheryl Olson
Chair, Board of County Commissioners

I, Russell Ragsdale, Chief Deputy, Larimer County Clerk, attest that the foregoing Ordinance Prohibiting the Possession of Cigarettes and tobacco Products was read at a meeting of the Board of County Commissioners and has been published in full in a newspaper of general circulation for Larimer County at least ten (10) days prior to the date of its adoption, in compliance with Section 30-15-406 C.R.S. 1973 as amended.

Russell Ragsdale
Clerk and Recorder Chief Deputy