Fountain, CO Public Conduct: Public Marijuana Use (2026)

40 of the Fountain Municipal Code, titled 'Marijuana Cultivation Facilities, Marijuana Product Manufacturing Facilities and Sales, Marijuana Testing Facilities, and Retail Marijuana Stores and the Prohibition of Certain Marijuana Uses,' was adopted by Ordinance No. 1592 on March 12, 2013, and its penalty section was last amended by Ordinance No. 1740 on December 17, 2019. 030(A)(5) states plainly that it is unlawful for any person, adult or minor, to openly and publicly consume marijuana anywhere within city limits. The code defines 'openly and publicly' as consumption or display on any street, highway, road, sidewalk, public park, public right-of-way, parking lot or other public place, and defines 'public place' to include any exterior area visible to the public, even space just outside a private shop or business.

010 that no appropriate location exists within the city for such uses. 020, separately makes it unlawful for anyone under 21 to possess, display, consume, transfer or grow marijuana, tying the age threshold to the state constitutional definition in Article XVIII, Section 16. Fountain operates under a home rule charter, and the city expressly grounds this prohibition in that charter along with the state Local Government Land Use Control Enabling Act and its municipal police and zoning powers. Enforcement runs through the city's general offense and penalty provisions rather than a marijuana-specific fine schedule.