§ 62-211. Definitions.

The following words, terms, and phrases, when used in this article, shall have the following meanings, unless the context requires otherwise:

Authorized person means a person twenty-one years of age or older lawfully permitted to engage in the personal use of marijuana, including growing and processing marijuana plants, pursuant to Article XVIII, § 16 of the Colorado Constitution.

City means the City of Arvada.

City-owned property means any real property, building, structure, or other improvement or improvements thereon that is owned or leased for use by the city, including the banks and beds of any nonnavigable fresh water streams or creeks flowing through such real property.

Colorado Medical Marijuana Code means C.R.S. tit. 12, art. 43.3 as may be from time to time amended and related provisions throughout the Colorado Revised Statutes that regulate the possession and use of medical marijuana.

Colorado Retail Marijuana Code means C.R.S. tit. 12, art. 43.4 as may be from time to time amended and related provisions throughout the Colorado Revised Statutes that regulate the possession and use of retail marijuana, marijuana accessories, and marijuana products.

Display means to carry or possess an item in such a manner that it is visible or becomes visible to another in whole or in part and for any length of time.

Drug paraphernalia shall have the same meaning set forth in C.R.S. § 18-18-426, as may be from time to time amended.

Non-medical marijuana means marijuana that is grown, processed, or otherwise utilized pursuant to and for a purpose authorized by Article XVIII, § 16 of the Colorado Constitution.

Marijuana shall have the same meaning set forth in Article XVIII, § 16 of the Colorado Constitution, and for purposes of this article, it includes marijuana products.

Marijuana accessories shall have the same meaning set forth in Article XVIII, § 16 of the Colorado Constitution.

Marijuana products shall have the same meaning set forth in Article XVIII, § 16 of the Colorado Constitution.

Medical marijuana means marijuana that is grown pursuant to the provisions of the Colorado Medical Marijuana Code and for a purpose authorized by Article XVIII, § 14 of the Colorado Constitution.

Motor vehicle shall have the same meaning set forth in C.R.S. § 42-4-1305.5(1)(b) as may be from time to time amended.

Open and public, or openly and publicly, means a place that is commonly or usually open or accessible by the general public including but not limited to parks, open space areas, trails, paths, sidewalks, streets, highways, and public rights-of-way, mercantile establishments, shopping centers, places of business open to the general public, the common areas of any multi-family dwelling units, parking lots, and vehicles in or upon such places. Open and public does not include the yard, deck, or patio of a single family dwelling unit, condominium, duplex, or town home that is completely enclosed by a solid privacy fence or otherwise screened from ordinary view such that the activity within is not readily apparent to neighbors or passersby. For purposes of enforcement of section 62-213(c), the fact that the display, use, or consumption of marijuana may be viewed incidentally from an adjoining private property does not render the activity open and public.

Open marijuana container shall have the same meaning set forth in C.R.S. § 42-4-1305.5(1)(c) as may be from time to time amended, and includes all medical or non-medical marijuana or all marijuana products that are grown or produced by an individual for his or her personal use.

Passenger area shall have the same meaning set forth in C.R.S. § 42-4-1305.5(1)(d) as may be from time to time amended.

Patient shall have the same meaning set forth in Article XVIII, § 14 of the Colorado Constitution.

Primary caregiver shall have the same meaning set forth in means Article XVIII, § 14 of the Colorado Constitution, and such person shall be registered as a primary caregiver with the State of Colorado under C.R.S. § 25-1.5-106.

Sale or sell shall have the same meaning set forth in C.R.S. § 12-43.4-103 as may be from time to time amended.

( Ord. No. 4392, § 2, 7-1-2013 )