003-12 - Ordinance - Renewing Moratorium on Accepting or Processing for Building Land Use Activity for Med MarijuanaIntroduced by: Gregory A. Jacoby
Requested by: Gregory A. Jacoby
Drafted by: Gregory A. Jacoby
Reviewed by: Gregory A. Jacoby
Introduced: February 14, 2012
Public Hearing: February 14, 2012
Adopted: February 14, 2012
ORDINANCE NO. 003-12
AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON,
RENEWING A MORATORIUM ON ACCEPTING OR PROCESSING
APPLICATIONS, PERMITS, OR LICENSES FOR ANY BUILDING OR
LAND USE ACTIVITY INVOLVING MEDICAL MARIJUANA
COLLECTIVE GARDENS
WHEREAS, on August 23, 2011, the City Council adopted Ordinance No. o16-11
imposing a six-month moratorium on medical marijuana collective gardens; and
WHEREAS, since the adoption of Ordinance o16-11, City staff has been working in
conjunction with the City Attorney to develop draft regulation alternatives, which have been
presented to the Planning Commission. Four alternatives for draft regulations have been under
review by the City Attorney and the Port Orchard Planning Commission. The Planning
Commission has not recommended any alternative and the process of revising the draft
regulations is ongoing; and
WHEREAS, since the adoption of Ordinance o16-11, the legal uncertainties facing the
City with regard to medical marijuana— particularly with regard to the supremacy of Federal
laws banning such activities — have not been resolved; and
WHEREAS, the City Council does not wish to place its staff in the position where they
may be in violation of federal law by reviewing and approving a license for medical marijuana
collective gardens; and
WHEREAS, Senate Bill 6265, is pending in the Washington State legislature, and SB
6265 as currently drafted would clarify the regulatory authority of Cities over collective gardens;
and
WHEREAS, discussions among legislators after the last hearing on SB 6265 has raised
the possibility that the final bill may provide Cities increased authority to regulate collective
gardens; and
WHEREAS, on November 30, 2011, the Governor of Washington, along with the
Governor of Rhode Island, sent a letter to the Drug Enforcement Administration (DEA) seeking
the reclassification of marijuana from a Schedule I drug, which cannot be prescribed for medical
use, to a Schedule II drug, which may be prescribed by a physician under federal laws; and
Ordinance No. 003-12
Page 2 of 3
WHEREAS, the City Council wishes to wait to consider the effects of any upcoming
state or federal legislation or rule making, which might control medical marijuana collective
gardens before adopting any City Codes regulating such activities; and
WHEREAS, RCW 35.63.20o authorizes cities to renew moratoria for six-month
periods; and
WHEREAS, under the circumstances detailed above a renewal of the moratorium is
necessary to maintain the status quo and preserve the integrity of the City's new Comprehensive
Plan in 2008 and its development and to ensure that the regulations continue to meet the needs
of the City and public; and
WHEREAS, in accordance with RCW 35.63.200, on February 14, 2012 the City Council
held a public hearing on the renewal of the adopted moratorium; and
WHEREAS, having heard public testimony regarding the renewal of the moratorium, the
City Council approved the renewal of the moratorium as adopted Ordinance No. 016-11; and
WHEREAS, the City Council finds that a renewal of the moratorium fosters a
substantial government interest in ensuring that the City is in compliance with State laws and to
allow adequate time for staff to review its development regulations; and
WHEREAS, the City Council hereby incorporates by reference the findings of fact as set
forth in Ordinance No. 016-11, as if said findings were set -forth herein; and
WHEREAS, the City Council adopts the foregoing as its findings of fact justifying
adoption of this Ordinance; now, therefore,
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO
ORDAIN AS FOLLOWS:
SECTION i. Moratorium Imposed. The moratorium on the acceptance or processing
of any applications for business licensing and/or building or land use activities relating to
medical marijuana collective gardens as previously established by Ordinance No. 016-11, is
hereby renewed for a six-month period; and shall remain in effect until August 12, 2012, unless
earlier terminated pursuant to the provisions of Ordinance No. 016-11. During the effective
dates of this moratorium, the establishment, maintenance, or continuation of any medical
marijuana collective garden is prohibited and designated as prohibited uses within the City of
Port Orchard.
SECTION 2. Duration of Moratorium. The moratorium imposed by this Ordinance
shall not terminate until August 12, 2012, or until such time as the City is able to adopt
regulations governing medical marijuana collective gardens, whichever is sooner. The Council
may otherwise terminate the moratorium by ordinance, and termination shall not otherwise be
presumed to have occurred.
Ordinance No. 003-12
Page 3 of 3
SECTION 3. Public Hearing on Moratorium. Pursuant to RCW 35.63.200, on February
14, 2012, the City Council held a public hearing on the renewal of the adopted moratorium.
SECTION 4. If any section, sentence, clause or phrase of this Ordinance should be held
to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or
unconstitutionality shall not affect the validity or constitutionality of any other section,
sentence, clause or phrase of this Ordinance.
SECTION 5. This ordinance shall be in full force and effect five (5) days after posting
and publication as required by law. A summary of this Ordinance may be published in lieu of
the entire ordinance, as authorized by State Law.
PASSED by the City Council of the City of Port Orchard, APPROVED by the Mayor and
attested by the City Clerk in authentication of such passage this 14th day of February 2012.
ATTEST:
e
Brandy Rinearson, CMC, Interim City Clerk
APPROVED AS TO FORM:
Gregory A. Jac bJity ltrney
Timothy C. atthes; Mayor
SPONSORED BY:
Xohndauso)-n, Councilmember
NOTICE OF CITY OF PORT ORCHARD
ORDINANCE
The following is a summary of an Ordinance approved by the Port Orchard City Council at their regular
Council meeting held February 14, 2012.
ORDINANCE NO. 003-12
AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON,
RENEWING A MORATORIUM ON ACCEPTING OR PROCESSING
APPLICATIONS, PERMITS, OR LICENSES FOR ANY BUILDING OR
LAND USE ACTIVITY INVOLVING MEDICAL MARIJUANA
COLLECTIVE GARDENS
Copies of Ordinance No. 003-12 are available for review at the office of the City Clerk of the City of Port
Orchard. Upon written request a statement of the full text of the Ordinance will be mailed to any
interested person without charge. Thirty days after publication, copies of Ordinance No. 003-12 will be
provided at a nominal charge.
City of Port Orchard
Brandy Rinearson
Interim City Clerk
Publish: Kitsap Sun
February 17, 2012