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Home My WebLink AboutR13-015 Prohibiting the Use of Marijuana in County Owned Buildings and Facilities Commissioner fi moved adoption foil wi of the wing Resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 2013 - / ') A RESOLUTION PROHIBITING THE USE OR POSSESSION OF MARIJUANA IN COUNTY OWNED BUILDINGS AND FACILITIES WHEREAS, the Board of County Commissioners ( "Board ") has the authority to exercise all County powers for the Unincorporated Areas of Eagle County pursuant to Section 30 -11 -103, C.R.S.; and WHEREAS, the Board has the authority to exercise control and implement rules pertaining to the use of County owned properties and facilities; and WHEREAS, on November 6, 2012, the voters of Colorado approved the adoption of Amendment 64, Personal Use and Regulation of Marijuana; and WHEREAS, said Amendment 64 became effective upon official declaration of the vote hereon by proclamation of the Governor, pursuant to Section 1(4) of Article V, of the Colorado Constitution; and WHEREAS, Amendment 64 will add a new Section 16 to Article XVIII of the Colorado Constitution allowing for the possession of one ounce or less of marijuana by an adult over 21 years of age; and WHEREAS, nothing in Amendment 64 requires an employer to permit or accommodate the use, consumption, possession, transfer, display, sale or growing of marijuana in the workplace; and WHEREAS, nothing in Amendment 64 precludes an employer or entity who occupies, owns or controls a property from prohibiting or otherwise regulating the use, consumption, possession, transfer, display, sale or growing of marijuana in that property; and WHEREAS, consistent with the authority granted to the Board in Amendment 64, the Board desires to adopt this resolution prohibiting the use, consumption, possession, transfer, display, sale or growing of marijuana in all County owned buildings and facilities. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO: THAT, the purpose of this resolution is to promote the general public welfare and safety throughout Eagle County, Colorado by prohibiting the use, consumption, possession, transfer, display, sale or growing of marijuana in County owned buildings and facilities to enhance the day -to- day operations of said buildings and facilities and to ensure those using our facilities are not impeded. THAT, 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. Definitions for this resolution include the following: (1) "Marijuana" or "Marihuana" means 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. (2) "Marijuana Accessories" means 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. (3) "County owned buildings and facilities" means any and all structures owned, leased, or otherwise controlled by Eagle County or any of its agents, boards, assigns, or entities; included but not limited to: the Eagle County building and annexes, Justice Center, District Attorney annex, probation department annex, Eagle County Detention Center, Eagle County Airport, Animal Services building, Avon annex, El Jebel Community Center, Golden Eagle Senior Center, Maintenance Service Center, Solid Waste and Recycling Center, Eagle County fairgrounds structures, Miller Ranch Community Center, and all Eagle County vehicles. This definition shall not include secured personal vehicles located within such areas. THAT, the use, consumption, possession, transfer, display, sale or growing of marijuana and marijuana accessories are hereby prohibited in all County owned buildings and facilities. THAT, this Resolution applies to all employees, agents, and visitors when they are in County owned buildings and facilities. THAT, anyone in violation of this Resolution, shall be required to leave and may be precluded from using the County owned buildings and facilities. Those failing to do so, will be 2 r ` deemed trespassers. Employees and agents of the County violating this policy may also be subject to further disciplinary action as may be allowed by law. THAT, this resolution may not apply to law enforcement officers and agencies who may possess marijuana or marijuana accessories in County owned buildings and facilities pursuant to a legitimate law enforcement function. THAT, the Board hereby finds, determines and declares that this Resolution is necessary for the public health, safety and welfare of the residents of the County of Eagle, State of Colorado. MOVED, READ AND ADOPTED by the Board of Count Commissioners of the County of Eagle, State of Colorado, at its regular meeting held the th day of February, 2013. 0 , x COUNTY OF EAGLE, STATE OF V e V COLORADO, By and Through Its Al I'EST: e f BO* COU A L COMMISSIONERS .,,.. , ., . By i t1 Clerk to the Bo. rd of Jon St. I�- , Chair County Commissioner �� a zi,...._ %04•■■ Sara J. Fisher, C mmissioner Alle Jilli. ;i . Ryan, Commi : oner Commissioner seconded adoption of the foregoing resolution. The roll having been called, t e vote was as follows: Commissioner Stavney Commissioner Fisher Commissioner Ryan 'f j / � This Resolution passed by ✓/6 vote of the Board of County Commissioners of the County of Eagle, State of Colorado. 3