Lawers..... What is the current law regarding open containers in Colorado?
04-18-2005, 12:20 PM
#11
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illegal in Lakewood...
According to <a href="http://www.ci.lakewood.co.us/index.cfm?&include=/CC/CityCode/Title09/Chapter%209.41.cfm">this</a>.
<i>
9.41.030 Open container in motor vehicle-Unlawful.
It is unlawful for any person to possess any open container containing any amount of ethyl alcohol or to consume any ethyl alcohol within or on the passenger compartment of a motor vehicle, including motorcycles, while such vehicle is in motion, parked, stopped or standing on any public highway, street, alley, sidewalk, parking lot, or other public place, or private property without the permission of the owner or person in lawful possession and control of such property or such person's agent. If a vehicle does not have a trunk or compartment separate from the passenger compartment, a container which is open shall be encased or enclosed. This provision shall not apply to the possession or consumption of a fermented malt beverage by a person twenty-one years of age or older in any park or recreation area of the city when permitted by Section 9.32.090 or Section 9.32.100 of the Lakewood Municipal Code. (Ord. O-87-73 ยง 1 (part), 1987; Ord. 2001-12 ยง 3, 2001).
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I guess this part answers my previous question - and agrees with what Matt posted earlier (according to Lakewood):
<i>If a vehicle does not have a trunk or compartment separate from the passenger compartment, a container which is open shall be encased or enclosed.</i>
Can't find anything that clearly states for CO though...
<i>
9.41.030 Open container in motor vehicle-Unlawful.
It is unlawful for any person to possess any open container containing any amount of ethyl alcohol or to consume any ethyl alcohol within or on the passenger compartment of a motor vehicle, including motorcycles, while such vehicle is in motion, parked, stopped or standing on any public highway, street, alley, sidewalk, parking lot, or other public place, or private property without the permission of the owner or person in lawful possession and control of such property or such person's agent. If a vehicle does not have a trunk or compartment separate from the passenger compartment, a container which is open shall be encased or enclosed. This provision shall not apply to the possession or consumption of a fermented malt beverage by a person twenty-one years of age or older in any park or recreation area of the city when permitted by Section 9.32.090 or Section 9.32.100 of the Lakewood Municipal Code. (Ord. O-87-73 ยง 1 (part), 1987; Ord. 2001-12 ยง 3, 2001).
</i>
I guess this part answers my previous question - and agrees with what Matt posted earlier (according to Lakewood):
<i>If a vehicle does not have a trunk or compartment separate from the passenger compartment, a container which is open shall be encased or enclosed.</i>
Can't find anything that clearly states for CO though...
04-18-2005, 01:45 PM
#12
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Re: Lawers..... What is the current law regarding open containers in Colorado?
you can on any state patrolled highway but as soon as you are on a municipal street in say Lakewood (hotani)or Westminster (see link) you can not have an open container in the passenger compartment. you would have to check each town/county to see if they have an open container law. HB-1122 is being sponsered right now in congress (I believe it has already passed in the house) which would ban it state wide...<ul><li><a href="http://www.ci.westminster.co.us/Code/title06/t6c9.htm">Westminster</a></li></ul>
04-18-2005, 02:12 PM
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Thanks - good link...
So technically, according to this:
<i>
Exception: Subsections (A) and (B) above shall not apply to the possession or control of one opened container of vinous liquor purchased and removed from a liquor-licensed hotel or restaurant, pursuant to the provisions of Section 12-47-411(3.5), C.R.S., so long as the original container did not contain more than 750 milliliters.
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a bottle of brandy or cognac would be ok (they didn't specify), since they come from and could have the color of wine (as defined by "vinous").
..and some really funny reading under "6-9-4: CONDUCT PROHIBITED IN LIQUOR AND BEER ESTABLISHMENTS: "
<i>
Exception: Subsections (A) and (B) above shall not apply to the possession or control of one opened container of vinous liquor purchased and removed from a liquor-licensed hotel or restaurant, pursuant to the provisions of Section 12-47-411(3.5), C.R.S., so long as the original container did not contain more than 750 milliliters.
</i>
a bottle of brandy or cognac would be ok (they didn't specify), since they come from and could have the color of wine (as defined by "vinous").
..and some really funny reading under "6-9-4: CONDUCT PROHIBITED IN LIQUOR AND BEER ESTABLISHMENTS: "
