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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