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HomeMy WebLinkAboutItem 09 Ordinance Adopting a Temporary Moratorium on the Siting of Medical Marijuana Dispensaries AGENDA ITEM SUMMARY Meeting Date: 4/7/2014 Meeting Type: Regular Meeting Staff Contact/Dept.: Lauren King, DPW Staff Phone No: 541-726-3660 Estimated Time: 30 Minutes S P R I N G F I E L D C I T Y C O U N C I L Council Goals: Enhance Public Safety ITEM TITLE: ORDINANCE ADOPTING A TEMPORARY MORATORIUM ON THE SITING OF MEDICAL MARIJUANA DISPENSARIES. ACTION REQUESTED: Conduct a Public Hearing and adopt/not adopt the following ordinance: AN ORDINANCE DECLARING A TEMPORARY MORATORIUM ON THE SITING OF MEDICAL MARIJUANA DISPENSARIES IN THE CITY OF SPRINGFIELD AND DECLARING AN EMERGENCY. ISSUE STATEMENT: The Oregon Health Authority is authorized by statute (HB3460) to establish and regulate a medical marijuana facility (dispensary) registration system. A companion law (SB 1531) allows local governments to impose “reasonable regulations” on dispensaries. Additionally, SB 1531 also allows local governments to declare a temporary moratorium on the establishment of these dispensaries to allow time to enact any “reasonable regulations.” The attached CBM identifies several options, including moratorium, for the Council’s consideration. ATTACHMENTS: Attachment 1 – Council Briefing Memorandum Attachment 2 – Draft Optional Ordinances DISCUSSION/ FINANCIAL IMPACT: On March 24, staff and the City Attorney’s Office sought Council preference regarding whether a moratorium should be enacted while the City considers and adopts local regulations of the dispensaries. Council directed staff to return on April 7 with options, including temporary moratoriums and a suggestion of the types of additional regulations that qualify under the statute as “reasonable regulations.” If Council decides to adopt a moratorium, the attached draft ordinances address the different options. If Council decides to take action, only one ordinance is necessary. However, the moratorium options described below are not mutually exclusive and in some circumstances could be adopted together into one ordinance. If necessary, staff will revise the ordinance to reflect Council’s decision. The attached CBM identifies the following options: 1. Take No Action—this defaults to the state rules without additional local regulations 2. Adopt a Moratorium—Council has the flexibility as to how long the moratorium lasts and whether the moratorium temporarily prohibits all dispensaries or only those dispensaries that have not yet been licensed. Additionally, Council can adopt a moratorium and direct staff to begin preparing reasonable regulations. The following are the moratorium options: a. Adopt a 90-day moratorium to address “place” concerns b. Adopt a 90-day moratorium to address “time” and “manner” concerns c. Adopt a moratorium effective May 1 , 2014 but allow dispensaries that receive a license prior to May 1, 2014 operate subject to further regulations d. Adopt a moratorium that lasts until May 1, 2015 or until regulations are developed 3. Do Not Adopt a Moratorium but direct staff to develop additional regulations The CBM recommends a 90-day moratorium to develop “place” regulations and standards for inclusion in the Development Code and the Municipal Code. No immediate fiscal impact is anticipated. M E M O R A N D U M City of Springfield 4/2/2014Page 1 Attachment 1, Page 1 of 7 M E M O R A N D U M City of Springfield Date: 3/31/2014 To: Gino Grimaldi COUNCIL BRIEFING MEMORANDUM From: Lauren King Jim Donovan Subject: Moratorium on Medical Marijuana Dispensaries ISSUE: Shall the City avail itself of the moratorium on the operation of dispensary allowed under SB 1531, in whole or in part, while deliberating on and creating reasonable regulations for dispensaries in the City of Springfield? COUNCIL GOALS/ MANDATE: Enhance Public Safety BACKGROUND: Oregon House Bill 3460 authorizes the Oregon Health Authority (OHA) to establish and regulate a medical marijuana facility (dispensary) registration system. Under that law, registered medical marijuana dispensaries are authorized to sell medical marijuana beginning March 1, 2014. To better clarify a local government’s ability to regulate the facilities, the Oregon Legislature passed Senate Bill 1531. SB 1531 provides that cities may only impose “reasonable regulations” on the hours of operation; limitations on where the facility may be located in the authorized zones; and reasonable conditions on the manner in which a facility may dispense medical marijuana. Senate Bill 1531 also permits local governments to adopt an ordinance declaring a moratorium on the operation of registered medical marijuana dispensaries until May 1, 2015 to allow the local jurisdictions to interpret and adopt “reasonable regulations”. The moratorium must be adopted by May 1, 2014. On March 24, staff and the City Attorney’s Office sought guidance from Council in a work session as to whether the City should adopt a moratorium on medical marijuana facilities while deliberating and adopting any necessary adjustments to the City Code. Council requested that staff return with options as to the moratorium and potential regulations. This Council Briefing Memorandum is prepared at Council request and presents three approaches or options for Council consideration: 1. Take no action; 2. Adopt a temporary moratorium and direct staff as to level and general scope of local regulatory concerns; 3. Not adopt a moratorium but direct staff as to level and general scope of regulatory concerns. 4/2/2014 Page 2 Attachment 1, Page 2 of 7 Options 1. Take No Action If the City decides to take no additional action to create local regulations, the State rules adopted by the Oregon Health Authority (OHA) will regulate how a dispensary is operated. The City will have no ability to ensure that a dispensary operating in Springfield is complying with the following state rules. Who may operate a dispensary: Under the OHA’s rules, OAR 333-008-0000 – 333-008-1290, a person may not establish, manage or operate a dispensary unless that dispensary has been registered by OHA. On March 3, 2014, the OHA began accepting applications for registration. Applications are reviewed in the order they were received. An individual may submit multiple applications for distinct locations. An applicant may be denied registration if the person responsible for a medical marijuana facility has been convicted for the manufacture or delivery of a controlled substance in Schedule I or Schedule II within five years from the date of the application; convicted more than once for the manufacture or delivery of a controlled substance in Schedule I or Schedule II; or prohibited by a court from participating in the Oregon Medical Marijuana Program (OMMP). The name of a person responsible for a dispensary is confidential and is not subject to disclosure without court order. Authorized employees of state and local law enforcement agencies may verify with the OHA whether the location is the location of a registered dispensary and a person is listed as the “person responsible for a registered facility.” A dispensary’s registration expires one year from the date of application approval. If the person responsible for the facility wishes to renew the registration, a new application must be made and included with a new criminal background check. A dispensary must be registered as a business or at the time of applying to register or have a pending application with the Secretary of State. A registered dispensary must display proof of registration in a prominent place inside the facility. A dispensary’s registration is only valid for the location indicated on the proof of registration and may not be transferred to another location. Where may a dispensary operate: In order to be a registered dispensary it must be located in an area that is zoned by the local governing agency for commercial, industrial or mixed use or as agriculture land. The application for registration requires documentation of the current zoning (the applicant can provide the documentation; it does not need to be supplied by the local jurisdiction). A registered facility may not be mobile. A dispensary may not locate at the same address as a registered grow site; within 1,000 feet of a public or private elementary, secondary or career school attended primarily by minors; within 1,000 feet of another medical marijuana dispensary. 4/2/2014 Page 3 Attachment 1, Page 3 of 7 How must the dispensary operate: The facility must have commercial grade, non-residential door locks installed on every external door at the facility. During all hours that a dispensary is open, all usable marijuana immature plants available for transfer must be kept in a locked, secure area that can only be accessed by authorized personnel. Prior to opening for business, a registered dispensary must have an alarm system— installed by an alarm system company—on all dispensary entry and exit points and perimeter windows. Prior to opening for business, the person responsible for the facility (PRF) must install a fully operational video surveillance recording system. All video surveillance equipment and recordings must be stored in a locked secure area that is accessible only to the person responsible for the dispensary, authorized employees and the OHA. A minor may not be present in any area of a registered dispensary where usable marijuana or immature plants are present, even if the minor is a patient or an employee. Only an employee of a registered dispensary, who is a patient, may consume usable marijuana during their work shift as necessary for his/her medical condition, in a closed room, alone if smoking, not visible to the public or to patients. Compliance with the OHA Rules The person responsible for the dispensary must notify OHA within 10 calendar days if any of the following occur: • the person has been convicted for the manufacture or delivery of a controlled substance in Schedule I or Schedule II; • the issuance of a court order that prohibits the person from participating in the OMMP; • a decision to change the person responsible for the facility; • a decision to move to a new location; • a change in the residency of the person responsible; or • the location of an elementary, secondary or career school attended primarily by minors within 1,000 feet of the facility. Failure to notify the OHA of any of the changes may result in revocation of the dispensary’s registration. If a dispensary violates the OHA rules, the person responsible for the facility must submit a signed plan of correction within 10 business days from the date the Notice of Violation was mailed and must correct all deficiencies within 10 days, unless an extension is requested. If the dispensary does not come into compliance within the time period in the plan of correction, the OHA may propose to revoke the registration of the dispensary or impose civil penalties. Civil penalties may not exceed $500 per day. 4/2/2014 Page 4 Attachment 1, Page 4 of 7 Local Regulation Currently, the City of Springfield Development Review staff is implementing the minimum development standards (MDS) review procedures (SDC 5.15). The MDS review procedures are triggered by changes of use. Staff began providing public information regarding these rules upon request to interested parties on March 3, 2014 (attached). Dispensaries should submit an application for MDS applications reviewed subsequent to receiving any license by OHA to operate a dispensary. The requirement for proof of state registration is consistent with state requirements. This ad hoc approach provides information to both the City and the applicant and tracks changes of business or occupancy type similar to all new businesses in the City of Springfield but does not consider operational or other issues that may be associated with the new use. A benefit of the Take No Additional Action is that the local land use process runs parallel to and consistent with state statute and a new permitted use is treated the same as any other change of use in the Springfield Development Code. The potential downside of this relationship is that the use is viewed in a vacuum, not addressing any reasonable conditions necessary to identify and mitigate any potential operating impacts of the new land use on surrounding properties or the public at large. Without specific local standards the City has no ability to regulate operating impacts and the state has limited capability to regulate other than the general limitations stated in the statute. Consideration of a range of potential impacts that warrant tracking, regulation or mitigation requires time, research and public involvement. Reasonable regulations may be codified in land use code or municipal code, or both. Options 2 and 3 address alternatives to examine those approaches, with or without a moratorium. 2. Moratorium— any period of time but no later than May 1, 2015 (and must be enacted by May 1, 2014) Senate Bill 1531 (2014) allows the local governments to enact a moratorium. The moratorium allows local governments to give further consideration as to what “reasonable regulations” may be appropriate for the community. Although the moratorium must sunset by May 1, 2015, it is within the local governments’ discretion as to whether a moratorium lasts the entire year. The City may adopt a moratorium for a set period (number of months) or may provide that the moratorium will sunset once local regulations are adopted. However, moratorium must be adopted by May 1, 2014. In addition to the moratorium, SB 1531 provides that cities may only impose “reasonable regulations” on the hours of operation; limitations on where the facility may be located in the authorized zones; and reasonable conditions on the manner in which a facility may dispense medical marijuana. Until such regulations are identified and adopted by the City Council, however, the City has no ability to regulate other than the general limitations stated in the statute. 4/2/2014 Page 5 Attachment 1, Page 5 of 7 The following options of: adopting a 90 day moratorium to address “place;” 90 day moratorium to address “time and manner;” and a moratorium that becomes effective May 1 but does not apply to any dispensary already licensed are not mutually exclusive. If Council wishes, Council may choose to adopt any combination or all three of the following options. a. 90 Day Moratorium: Address “Place” As described above, under the Oregon Statute and OHA rules, a dispensary must be located in an area that is zoned for commercial, industrial or mixed use or as agriculture land. A dispensary may not locate at the same address as a registered grow site; within 1,000 feet of a public or private elementary, secondary or career school attended primarily by minors; within 1,000 feet of another medical marijuana dispensary. Registration by the OHA, however, is not a guarantee that a dispensary is permitted to operate under applicable land use or other local government laws where a facility is located. The City has the authority to adopt additional regulations as to where a facility may locate. Currently, medical marijuana dispensaries are not a listed use in the Springfield Development Code. Without listing the use in the Code, the City lacks code enforcement authority to ensure that the dispensary is complying with the OHA rules. Council may make policy decisions as to reasonable regulations to supplement the OHA rules. Staff believes Council may wish to consider the following examples based on what staff has identified as potential gaps in the OHA rules. First, Council may select to list “medical marijuana dispensary” as a use in development code and further refine the appropriate zones. Specifically, Council may wish to consider whether certain mixed- use zones that contain residential development as the primary use are appropriate zones for medical marijuana dispensaries. Additional reasonable regulations might include a 1,000 foot buffer around residential zones and/or 1,000 foot buffer around state licensed pre-schools with kindergartens, Head Start programs, public parks, playgrounds, libraries or other places where school- aged children congregate . Council may also consider amending the code to prohibit the co-location of medical marijuana dispensaries with smoke or glass shops, social clubs or other private fraternal organizations by having stand alone or “common wall” regulations These types of regulations have been used in other settings to address co- location of dispensaries with businesses that market goods and services that may be attractive to persons under the age of 18. Additional consideration may be given as to whether urban transition (UGB) zones that allow for agricultural uses on an interim basis are appropriate zones for medical marijuana dispensaries. Currently, the Urban Transition Area is zoned and designated for a full range of uses, primarily residential. Council may wish to clarify that allowing interim agricultural use does not allow for dispensaries.In the future, new areas brought into the UGB may also be zoned Agriculture until development is ready to occur. Through the public process, and as dispensaries begin to open throughout the state, staff will have a better understanding of the necessary land use considerations for these 4/2/2014 Page 6 Attachment 1, Page 6 of 7 comprehensive plan designations. Any changes to the Springfield Development Code will take approximately 90 days. Staff will need to work with Council to identify what, if any, “place” regulations the Council would like to adopt. Additionally, Oregon land use law requires that the City notify DLCD 35 days prior to the public hearing for new code changes. Public notice of the code changes is required and any changes must first be considered by the Planning Commission. Following the Planning Commission’s recommendation, City Council can then consider the code amendments. It is important to note that land use regulations do not typically allow for retro-active application; any new dispensary use approved under the interim change of use standards approach currently applied by staff may be legally created non-conforming uses exempt from new local “place” regulations. Some jurisdictions address this situation by concurrently adopting licensing requirements that require compliance with all local land use standards on an annual basis. Municipal code licensing procedures, fees and programs are another form of regulation that Council may wish to have staff and legal counsel research and present at a future date, with or without a moratorium. b. 90 Day Moratorium: Address “Time” and “Manner” In addition to, or in lieu of the above land use changes, the City may make changes to the Municipal Code that addresses the “time and “manner” concerns. Like the discussion above, the following are potential regulations that seek to address what staff has identified as potential “gaps” in the OHA rules. Council may benefit from further discussion with the Police Department as well as with the public as to appropriate time and manner concerns. Examples of potential regulations Council might wish to discuss with the public and consider adopting include requiring certain minimum ventilation and exhaust requirements. Under the OHA rules, one employee may smoke marijuana at a time while working. They may only smoke in a closed room not visible to the public but there are no requirements as to the providing adequate ventilation for employees or controlling exhaust from the facility. Smoking, processing of edible products and maintenance of immature plants may cause odors that some of the public or businesses may find offensive. This is one example of where reasonable regulations may be considered for the “manner” in which dispensaries operate. Other potential areas of consideration include indoor and outdoor lighting, visibility, additional health regulations or security. Similarly, the current OHA rules require the owner of a dispensary meet certain minimum background criminal checks, the Council may want to elevate this requirement to require that all employees and volunteers obtain a criminal background check. . Other considerations include limitations on the hours of operation (OHA has no limitation); outdoor lighting requirements (OHA has no such requirements); and limitations on selling in a form that is attractive to children such as marijuana in candied or baked good forms. Additionally, Council may wish to create a business license to allow the City to recover fees while both tracking and regulating the dispensaries. 4/2/2014 Page 7 Attachment 1, Page 7 of 7 c. Moratorium effective May 1 but allow all dispensaries that receive a license by May 1 to operate subject to further regulations If Council wants to allow some dispensaries to begin operation while still considering potential regulations, the Council may opt to enact a moratorium that allows any dispensary registered prior to May 1 to begin operations but require that those newly licensed dispensaries are subject to local regulations when such regulations are adopted or as a requirement of annual licensing Under this option, after May 1, no new dispensary would be allowed to locate in Springfield. As discussed above under section a., staff will continue to review and process state licensed dispensary applications by the same standards and timelines as any other change of commercial use in Springfield. Unless directed otherwise by Council, any business receiving land use approvals in the timeframes between the adoption of state and local rules will become a legally created pre-existing non-conforming use and will not be subject to local land use rules unless a retro-active or annual licensing approach is adopted. As of the date of writing this memo, one dispensary in Springfield was issued a certificate on March 28, 2014 and will open subject to building permit and change of use approvals. d. Moratorium—1 year or until regulations are developed Council has the flexibility to adopt a moratorium that lasts until May 1, 2015 or until local regulations are developed. If the Council adopts a moratorium of any length, it will be likely that 1-2 dispensaries may be approved before the adoption of a moratorium. In a moratorium is passed, unless otherwise directed by Council, no dispensary would be allowed to operate in Springfield during the moratorium, including any dispensary that received a license prior to the adoption of a moratorium. 3. No Moratorium but direct staff to develop additional regulations If Council decides not to adopt a moratorium before May 1, 2014, Council may still consider appropriate local regulations of “time, place, and manner.” However, once dispensaries are licensed and begin to locate, it will be difficult for Council to provide additional “place” or land use modifications on the pre-existing facilities. Any dispensary located in a zone where the use later becomes prohibited will become either a “pre-existing non-conforming use” or “non-conforming use,” depending on the code amendment changes Council decides to make. The City will likely not have the same challenges with regards to most “time” and “manner” regulations. Rather, these types of regulations can be adopted and applied to dispensaries at a future date. RECOMMENDED ACTION: Staff recommends that the City, at minimum, adopt a 90-day moratorium that allows the City to develop and adopt land use (“place”) regulations. DRAFT ORDINANCE OPTION 2a: “Adopt a 90-day moratorium to address “place” concerns” ORDINANCE NO. ___________ (GENERAL) AN ORDINANCE DECLARING A TEMPORARY MORATORIUM ON THE SITING OF MEDICAL MARIJUANA DISPENSARIES IN THE CITY OF SPRINGFIELD AND DECLARING AN EMERGENCY. The City Council of the City of Springfield finds that: WHEREAS, the 2013 Oregon Legislature enacted House Bill 3460 (2013) which creates a registration system for medical marijuana facilities and allows medical marijuana facilities to be located in areas zoned Commercial, Industrial, Mixed-Use, or Agricultural; and WHEREAS, House Bill 3460 (2013) allows medical marijuana facilities to be located in areas zoned Commercial, Industrial, Mixed-Use, or Agricultural; and WHEREAS, House Bill 3460 (2013) includes further restrictions on the location of medical marijuana facilities related to proximity to schools attended by minors and other medical marijuana facilities; and WHEREAS, House Bill 3460 (2013) directed that persons who operate or are employed by a registered medical marijuana facility would enjoy immunity from state prosecution; and WHEREAS, the Oregon Legislature enacted Senate Bill 1531 (2014) which removes immunity from state prosecution for a person who is responsible for or employed by a registered medical marijuana facility located in an area subject to the jurisdiction of the city or county that enacts a moratorium prohibiting the operation of medical marijuana facility; and WHEREAS, Senate Bill 1531 (2014) authorized local governments to adopt an ordinance declaring a moratorium on the operation of medical marijuana facilities until May 1, 2015; and WHEREAS, this land use and the restrictions are not currently included in the Springfield Development Code; and WHEREAS, the City of Springfield has received inquiries regarding the siting of medical marijuana facilities within the City and more inquires are expected; and WHEREAS, the City of Springfield wishes to develop reasonable regulations relating to the location of this land use; and WHEREAS, the City of Springfield Planning staff will begin evaluating and developing potential amendments to the Springfield Development Code to address medical marijuana facilities; and WHEREAS, the City of Springfield believes it is in the best interest of the health, safety and welfare of the citizens of the city to enact such a moratorium prohibiting the operational medical marijuana facilities within the jurisdictional boundaries of the City of Springfield until May 1, 2015 or until such local regulations are adopted and this moratorium is rescinded. Attachment 2, Page 1 of 9 DRAFT ORDINANCE OPTION 2a: “Adopt a 90-day moratorium to address “place” concerns” NOW, THEREFORE, THE CITY OF SPRINGFIELD DOES ORDAIN, AS FOLLOWS: Moratorium Declared. The City of Springfield hereby prohibits the operation of any medical marijuana facility in any area subject to the jurisdiction of the City of Springfield. As used in this section, “medical marijuana facility” includes any facility that dispenses marijuana pursuant to ORS 475.314 or any other provision of Oregon law. Duration of Moratorium. The moratorium imposed by this Ordinance shall be effective until May 1, 2015, unless rescinded sooner. Enforcement. The Chief of Police is charged with the enforcement of the moratorium. Remedies Not Exclusive. The remedies available under Senate Bill 1531 (2014) for a violation of the moratorium imposed by this Ordinance are not exclusive of any other remedies available under any applicable federal, state or local law. It is within the discretion of the City of Springfield to seek cumulative remedies for a violation of the moratorium imposed by this Ordinance. Severability. If any provision of this Ordinance or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this Ordinance that can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are severable. Emergency. This Ordinance being necessary for the immediate preservation of the public peace, health and safety, an emergency is declared to exist, and this Ordinance takes effect on its passage. ADOPTED by the Common Council of the City of Springfield this ___ day of _________, 2014, by a vote of _____ for and ____ against. APPROVED by the Mayor of the City of Springfield this ______ day of ______________, 2014. ________________________________ Mayor ATTEST: _______________________________ City Recorder N:\City\ORDINANC\Ordinance RE Medical Marijuana Facilities.Docx Attachment 2, Page 2 of 9 DRAFT ORDINANCE 2b: “Adopt a 90-day moratorium to address “time” and “manner” concerns” ORDINANCE NO. ___________ (GENERAL) AN ORDINANCE DECLARING A TEMPORARY MORATORIUM ON THE SITING OF MEDICAL MARIJUANA DISPENSARIES IN THE CITY OF SPRINGFIELD AND DECLARING AN EMERGENCY. The City Council of the City of Springfield finds that: WHEREAS, the 2013 Oregon Legislature enacted House Bill 3460 (2013) which creates a registration system for medical marijuana facilities and allows medical marijuana facilities to be located in areas zoned Commercial, Industrial, Mixed-Use, or Agricultural; and WHEREAS, House Bill 3460 (2013) allows medical marijuana facilities to be located in areas zoned Commercial, Industrial, Mixed-Use, or Agricultural; and WHEREAS, House Bill 3460 (2013) includes further restrictions on the location of medical marijuana facilities related to proximity to schools attended by minors and other medical marijuana facilities; and WHEREAS, House Bill 3460 (2013) directed that persons who operate or are employed by a registered medical marijuana facility would enjoy immunity from state prosecution; and WHEREAS, the Oregon Legislature enacted Senate Bill 1531 (2014) which removes immunity from state prosecution for a person who is responsible for or employed by a registered medical marijuana facility located in an area subject to the jurisdiction of the city or county that enacts a moratorium prohibiting the operation of medical marijuana facility; and WHEREAS, Senate Bill 1531 (2014) authorized local governments to adopt an ordinance declaring a moratorium on the operation of medical marijuana facilities until May 1, 2015; and WHEREAS, this land use and the restrictions are not currently included in the Springfield Development Code; and WHEREAS, the City of Springfield has received inquiries regarding the siting of medical marijuana facilities within the City and more inquires are expected; and WHEREAS, the City of Springfield wishes to develop reasonable regulations including but not limited to the hours a facility may be operated and reasonable conditions on the manner in which a medical marijuana facility may dispense medical marijuana; and WHEREAS, the City of Springfield staff will begin evaluating and developing potential amendments to the Springfield Municipal Code and Springfield Development Code to address medical marijuana facilities; and WHEREAS, the City of Springfield believes it is in the best interest of the health, safety and welfare of the citizens of the city to enact such a moratorium prohibiting the operational medical marijuana facilities within the jurisdictional boundaries of the City of Springfield until May 1, 2015 or until such local regulations are adopted and this moratorium is rescinded. Attachment 2, Page 3 of 9 DRAFT ORDINANCE 2b: “Adopt a 90-day moratorium to address “time” and “manner” concerns” NOW, THEREFORE, THE CITY OF SPRINGFIELD DOES ORDAIN, AS FOLLOWS: Moratorium Declared. The City of Springfield hereby prohibits the operation of any medical marijuana facility in any area subject to the jurisdiction of the City of Springfield. As used in this section, “medical marijuana facility” includes any facility that dispenses marijuana pursuant to ORS 475.314 or any other provision of Oregon law. Duration of Moratorium. The moratorium imposed by this Ordinance shall be effective until May 1, 2015, unless rescinded sooner. Enforcement. The Chief of Police is charged with the enforcement of the moratorium. Remedies Not Exclusive. The remedies available under Senate Bill 1531 (2014) for a violation of the moratorium imposed by this Ordinance are not exclusive of any other remedies available under any applicable federal, state or local law. It is within the discretion of the City of Springfield to seek cumulative remedies for a violation of the moratorium imposed by this Ordinance. Severability. If any provision of this Ordinance or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this Ordinance that can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are severable. Emergency. This Ordinance being necessary for the immediate preservation of the public peace, health and safety, an emergency is declared to exist, and this Ordinance takes effect on its passage. ADOPTED by the Common Council of the City of Springfield this ___ day of _________, 2014, by a vote of _____ for and ____ against. APPROVED by the Mayor of the City of Springfield this ______ day of ______________, 2014. ________________________________ Mayor ATTEST: _______________________________ City Recorder N:\City\ORDINANC\Ordinance RE Medical Marijuana Facilities.Docx Attachment 2, Page 4 of 9 DRAFT ORDINANCE 2c: “Adopt a moratorium effective May 1 , 2014 but allow dispensaries that receive a license prior to May 1, 2014 operate subject to further regulations” ORDINANCE NO. ___________ (GENERAL) AN ORDINANCE DECLARING A TEMPORARY MORATORIUM ON THE SITING OF MEDICAL MARIJUANA DISPENSARIES IN THE CITY OF SPRINGFIELD AND DECLARING AN EMERGENCY. The City Council of the City of Springfield finds that: WHEREAS, the 2013 Oregon Legislature enacted House Bill 3460 (2013) which creates a registration system for medical marijuana facilities and allows medical marijuana facilities to be located in areas zoned Commercial, Industrial, Mixed-Use, or Agricultural; and WHEREAS, House Bill 3460 (2013) allows medical marijuana facilities to be located in areas zoned Commercial, Industrial, Mixed-Use, or Agricultural; and WHEREAS, House Bill 3460 (2013) includes further restrictions on the location of medical marijuana facilities related to proximity to schools attended by minors and other medical marijuana facilities; and WHEREAS, House Bill 3460 (2013) directed that persons who operate or are employed by a registered medical marijuana facility would enjoy immunity from state prosecution; and WHEREAS, the Oregon Legislature enacted Senate Bill 1531 (2014) which removes immunity from state prosecution for a person who is responsible for or employed by a registered medical marijuana facility located in an area subject to the jurisdiction of the city or county that enacts a moratorium prohibiting the operation of medical marijuana facility; and WHEREAS, Senate Bill 1531 (2014) authorized local governments to adopt an ordinance declaring a moratorium on the operation of medical marijuana facilities until May 1, 2015; and WHEREAS, this land use and the restrictions are not currently included in the Springfield Development Code; and WHEREAS, the City of Springfield has received inquiries regarding the siting of medical marijuana facilities within the City and more inquires are expected; and WHEREAS, the City of Springfield wishes to develop reasonable regulations relating to the location of this land use, the hours a facility may be operated and reasonable conditions on the manner in which a medical marijuana facility may dispense medical marijuana; and WHEREAS, the City of Springfield staff will begin evaluating and developing potential amendments to the Springfield Municipal Code and Springfield Development Code to address medical marijuana facilities; and WHEREAS, the Oregon Health Authority has begun issuing licenses and medical marijuana dispensaries are authorized under those licensees to begin operations; and WHEREAS, the City permits those medical marijuana facilities that received the license Attachment 2, Page 5 of 9 DRAFT ORDINANCE 2c: “Adopt a moratorium effective May 1 , 2014 but allow dispensaries that receive a license prior to May 1, 2014 operate subject to further regulations” prior to May 1, 2014 to begin operations within the City of Springfield but requires that they are subject to any local regulations adopted at a future date; and WHEREAS, the City of Springfield believes it is in the best interest of the health, safety and welfare of the citizens of the city to enact such a moratorium prohibiting the operation of any additional medical marijuana facilities within the jurisdictional boundaries of the City of Springfield until May 1, 2015 or until such local regulations are adopted and this moratorium is rescinded. NOW, THEREFORE, THE CITY OF SPRINGFIELD DOES ORDAIN, AS FOLLOWS: Moratorium Declared. The City of Springfield hereby prohibits the operation of any medical marijuana facility in any area subject to the jurisdiction of the City of Springfield. As used in this section, “medical marijuana facility” includes any facility that dispenses marijuana pursuant to ORS 475.314 or any other provision of Oregon law. The moratorium permits any facility licensed by the Oregon Health Authority prior to May 1, 2014 to continue operations within the City of Springfield subject to any future regulations adopted by the City. Duration of Moratorium. The moratorium imposed by this Ordinance shall be effective May 1, 2014 until May 1, 2015, unless rescinded sooner. Enforcement. The Chief of Police is charged with the enforcement of the moratorium. Remedies Not Exclusive. The remedies available under Senate Bill 1531 (2014) for a violation of the moratorium imposed by this Ordinance are not exclusive of any other remedies available under any applicable federal, state or local law. It is within the discretion of the City of Springfield to seek cumulative remedies for a violation of the moratorium imposed by this Ordinance. Severability. If any provision of this Ordinance or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this Ordinance that can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are severable. Emergency. This Ordinance being necessary for the immediate preservation of the public peace, health and safety, an emergency is declared to exist, and this Ordinance takes effect on its passage. ADOPTED by the Common Council of the City of Springfield this ___ day of _________, 2014, by a vote of _____ for and ____ against. APPROVED by the Mayor of the City of Springfield this ______ day of ______________, 2014. ________________________________ Mayor Attachment 2, Page 6 of 9 DRAFT ORDINANCE 2c: “Adopt a moratorium effective May 1 , 2014 but allow dispensaries that receive a license prior to May 1, 2014 operate subject to further regulations” ATTEST: _______________________________ City Recorder N:\City\ORDINANC\Ordinance RE Medical Marijuana Facilities.Docx Attachment 2, Page 7 of 9 DRAFT ORDINANCE: 2d “Adopt a moratorium that lasts until May 1, 2015 or until regulations are developed” ORDINANCE NO. ___________ (GENERAL) AN ORDINANCE DECLARING A TEMPORARY MORATORIUM ON THE SITING OF MEDICAL MARIJUANA DISPENSARIES IN THE CITY OF SPRINGFIELD AND DECLARING AN EMERGENCY. The City Council of the City of Springfield finds that: WHEREAS, the 2013 Oregon Legislature enacted House Bill 3460 (2013) which creates a registration system for medical marijuana facilities and allows medical marijuana facilities to be located in areas zoned Commercial, Industrial, Mixed-Use, or Agricultural; and WHEREAS, House Bill 3460 (2013) allows medical marijuana facilities to be located in areas zoned Commercial, Industrial, Mixed-Use, or Agricultural; and WHEREAS, House Bill 3460 (2013) includes further restrictions on the location of medical marijuana facilities related to proximity to schools attended by minors and other medical marijuana facilities; and WHEREAS, House Bill 3460 (2013) directed that persons who operate or are employed by a registered medical marijuana facility would enjoy immunity from state prosecution; and WHEREAS, the Oregon Legislature enacted Senate Bill 1531 (2014) which removes immunity from state prosecution for a person who is responsible for or employed by a registered medical marijuana facility located in an area subject to the jurisdiction of the city or county that enacts a moratorium prohibiting the operation of medical marijuana facility; and WHEREAS, Senate Bill 1531 (2014) authorized local governments to adopt an ordinance declaring a moratorium on the operation of medical marijuana facilities until May 1, 2015. WHEREAS, this land use and the restrictions are not currently included in the Springfield Development Code; and WHEREAS, the City of Springfield has received inquiries regarding the siting of medical marijuana facilities within the City and more inquires are expected; and WHEREAS, the City of Springfield wishes to develop reasonable regulations for this use; and WHEREAS, the City of Springfield staff with the direction of City Council will begin evaluating and developing potential amendments to the Springfield Municipal Code and Springfield Development Code to address medical marijuana facilities; and WHEREAS, the City of Springfield believes it is in the best interest of the health, safety and welfare of the citizens of the city to enact such a moratorium prohibiting the operational medical marijuana facilities within the jurisdictional boundaries of the City of Springfield until May 1, 2015 or until such local regulations are adopted and this moratorium is rescinded. Attachment 2, Page 8 of 9 DRAFT ORDINANCE: 2d “Adopt a moratorium that lasts until May 1, 2015 or until regulations are developed” NOW, THEREFORE, THE CITY OF SPRINGFIELD DOES ORDAIN, AS FOLLOWS: Moratorium Declared. The City of Springfield hereby prohibits the operation of any medical marijuana facility in any area subject to the jurisdiction of the City of Springfield. As used in this section, “medical marijuana facility” includes any facility that dispenses marijuana pursuant to ORS 475.314 or any other provision of Oregon law. Duration of Moratorium. The moratorium imposed by this Ordinance shall be effective until the City adopts local regulations and rescinds this moratorium but no later than May 1, 2015. Enforcement. The Chief of Police is charged with the enforcement of the moratorium. Remedies Not Exclusive. The remedies available under Senate Bill 1531 (2014) for a violation of the moratorium imposed by this Ordinance are not exclusive of any other remedies available under any applicable federal, state or local law. It is within the discretion of the City of Springfield to seek cumulative remedies for a violation of the moratorium imposed by this Ordinance. Severability. If any provision of this Ordinance or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this Ordinance that can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are severable. Emergency. This Ordinance being necessary for the immediate preservation of the public peace, health and safety, an emergency is declared to exist, and this Ordinance takes effect on its passage. ADOPTED by the Common Council of the City of Springfield this ___ day of _________, 2014, by a vote of _____ for and ____ against. APPROVED by the Mayor of the City of Springfield this ______ day of ______________, 2014. ________________________________ Mayor ATTEST: _______________________________ City Recorder N:\City\ORDINANC\Ordinance RE Medical Marijuana Facilities.Docx Attachment 2, Page 9 of 9