002-11 - Ordinance - Imposing a Moratorium on Accepting or Processing Apps, Permits or Licenses for Medical MarijuanaEMERGENCY ORDINANCE
Introduced by:
Gregory A. Jacoby
Requested by:
Gregory A. Jacoby
Drafted by:
Gregory A. Jacoby
Reviewed by:
Gregory A. Jacoby
Introduced:
February 22, 2011
Public Hearing:
March 22, 2011
Adopted:
February 22, 2011
ORDINANCE NO. oo2-11
AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON,
IMPOSING A MORATORIUM ON ACCEPTING OR PROCESSING
APPLICATIONS, PERMITS, OR LICENSES FOR ANY BUILDING OR
LAND USE ACTIVITY INVOLVING MEDICAL MARIJUANA
WHEREAS, RCW 35.63.2oo and RCW 36.7oA.390 authorize cities to adopt moratoria for
specific purposes; and
WHEREAS, the City adopted a new Comprehensive Plan in 20o8 and has amended its
development regulations from time to time in order to ensure that the regulations continue to
comply with the requirements and goals of the Growth Management Act, Chapter 36.7oA RCW, and
that the regulations continue to meet the needs of the City and public; and
WHEREAS, in 1998 the voters approved I-692, which permits the use of marijuana for
medical use by qualifying patients. The voter initiative was subsequently codified in Chapter 69.51A
RCW. This statute contains several ambiguous provisions including whether it is legal to operate a
business, commonly referred to as a dispensary, which sells or otherwise distributes marijuana to
multiple qualifying patients for medical use; and
WHEREAS, the Washington State Legislature is considering several bills during the 2011
legislative session that if passed and signed by the Governor would, among other changes, expressly
allow and license medical marijuana dispensaries for use by qualifying patients; and
WHEREAS, the City's current development regulations do not adequately address the
concerns of the Mayor and City Council as they relate to medical marijuana dispensaries and they
have asked the City staff to revise the development regulations to address their concerns; and
WHEREAS, the City staff has indicated that it is their belief that one or more applications
for the establishment of a medical marijuana dispensary in the downtown business area will be
submitted before new regulations can be adopted; and
WHEREAS, the Port Orchard Chief of Police, the Washington Association of Sheriffs and
Police Chiefs, and the Washington Association of Prosecuting Attorneys believe that medical
marijuana dispensaries serving multiple qualifying patients are illegal under Chapter 69.51A RCW,
as currently drafted; and
Emergency Ordinance
Ordinance No.002-11
Page 2 of
WHEREAS, the City Council adopts this Ordinance for the express purpose of fostering its
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 immediate enactment of a moratorium on the acceptance or processing of
applications for building or land use activities involving a medical marijuana business, or facilities
within which a medical marijuana business, will be operated is necessary to protect the public health,
safety, or welfare and is a legitimate exercise of the City's police power; 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. A moratorium is hereby imposed on the acceptance or processing of any
applications for building or land use activities relating to a medical marijuana business or
dispensary, or facilities within which a medical marijuana business or dispensaly will be operated,
unless the application was fully vested under Washington's vested rights doctrine prior to the
adoption of this Ordinance.
SECTION 2. This moratorium shall remain in effect until August 19, 2011, unless earlier
terminated.
SECTIONS. It is the intent of the City Council to repeal the moratorium as soon as it adopts
amended development regulations that address zoning and land use issues associated with the
establishment of medical marijuana dispensaries and the facilities within which such businesses are
operated. However, if the City Council deems it necessary, the moratorium may be renewed for one
or more 6 month periods if a subsequent public hearing is held and findings of fact are made prior to
each renewal.
SECTION d. Pursuant to RCW 35.63.2oo, a public hearing shall be held on the moratorium
at 7:00 p.m. on March 22, 2011 at the Port Orchard City Hall, 216 Prospect Street, Port Orchard,
Washington.
SECTION 5. 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 6. This Ordinance is hereby designated as a Public Emergency Ordinance
necessary for the protection of the public health, safety, or welfare and shall be effective upon
adoption. A summary of this Ordinance may be published in lieu of the entire Ordinance, as
authorized by State Law.
Emergency Ordinance
Ordinance No.002-11
Page � of R
PASSED by the City Council of the City i
attested by the Clerk in authentication of such pa
ATT T:
Patricia J. Kirkpatrick, MC, City Clerk
APPROVED AS TO FORM:
Gregory A. J co y, City Att k
ney
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 23, 2011.
ORDINANCE NO. 002-11
AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON,
IMPOSING A MORATORIUM ON ACCEPTING OR PROCESSING
APPLICATIONS, PERMITS, OR LICENSES FOR ANY BUILDING OR
LAND USE ACTIVITY INVOLVING MEDICAL MARIJUANA
Copies of Ordinance No. 002-11 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. 002-11 will be
provided at a nominal charge.
City of Port Orchard
Patti Kirkpatrick
City Clerk
Publish: Port Orchard Independent
March 4, 2011