004-12 - Ordinance - Renewing Moratorium on Accepting or Processing Involving Medical Marijuana DispensariesIntroduced 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. 004-12
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
DISPENSARIES
WHEREAS, on February 22, 2011, the City Council adopted Ordinance No. 002-11
imposing a six-month moratorium on medical marijuana businesses, dispensaries, and facilities;
and
WHEREAS, on August 9, 2011, the City Council adopted Ordinance No. 012-11
renewing the moratorium under Ordinance 002-11 for a six month period; and
WHEREAS, since the adoption of Ordinance 002-11 and Ordinance 012-11, 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 002-11 and Ordinance 012-11, the legal
uncertainties facing the City with regard to medical marijuana businesses, dispensaries, and
facilities — particularly with regard to the supremacy of Federal laws banning such activities —
have not been resolved; and
WHEREAS, since the adoption of Ordinance 002-11 and Ordinance 012-11, federal
agents have raided over a dozen medical marijuana businesses, making it clear that the federal
government may take action against individuals and businesses who are operating said
businesses in violation of federal laws; and
WHEREAS, the adoption of a City Ordinance allowing medical marijuana businesses,
dispensaries, and facilities could create a false belief or confusion among said business owners
of the legality of their businesses; 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
businesses, dispensaries, and facilities; and
Ordinance No.004-12
Page 2 of 3
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
WHEREAS, the City Council wishes to wait to consider the effects of any upcoming
state or federal legislation or rule malting, which might control medical marijuana businesses,
dispensaries, and facilities 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 20o8 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 in Ordinance No. 002-11 and as
further clarified in Ordinance No. 012-11; 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 Nos. 002-11 and 012-11, 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 1, Moratorium Imposed. The moratorium on the acceptance of all non-
exempt development permit applications and non-exempt business license applications for
medical marijuana businesses, dispensaries, and facilities as previously established by
Ordinance No. 002-11 and as further clarified in Ordinance No. 012-11, is hereby renewed for a
six-month period from the current expiration on February 15, 2012; and shall remain in effect
until August 12, 2012, unless earlier terminated pursuant to the provisions of Ordinance Nos.
002-11 and 012-11. All such non-exempt applications shall be rejected and returned to the
Ordinance No.004-12
Page 3 of 3
applicant. With regard to the City's acceptance of any exempt development permit application
or exempt business license application, such acceptance shall only allow processing to proceed,
but shall not constitute an assurance that the application will be approved.
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 businesses, dispensaries, and facilities, whichever is
sooner. The Council may otherwise terminate the moratorium by ordinance, and termination
shall not otherwise be presumed to have occurred.
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:
randy Rinearson, CMC, Interim City Clerk
APPROVED AS TO FORM:
Gregory A. Jac b City Att t
ey
Timothy C. Matthes, Mayor
SPONSORED BY:
A -,)Z --
hn Clauson, 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. 004-12
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
DISPENSARIES
Copies of Ordinance No. 004-12 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. 004-12 will be
provided at a nominal charge.
City of Port Orchard
Brandy Rinearson
Interim City Clerk
Publish: Kitsap Sun
February 17, 2012