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ORDINANCE NO. 246

 

AN EMERGENCY ORDINANCE IMPOSING A TEMPORARY MORATORIUM ON THE USE OF ANY PROPERTY LOCATED IN THE TOWN OF DEER TRAIL, ARAPAHOE COUNTY, COLORADO, PERTAINING TO THE SALE AND DISTRIBUTION OF MEDICAL MARIJUANA, AND UPON THE SUBMISSION, ACCEPTANCE, PROCESSING OR APPROVAL OF ANY APPLICATION FOR A LICENSE OR PERMIT RELATED TO THE OPERATION OF A BUSINESS THAT SELLS OR DISTRIBUTES MEDICAL MARIJUANA PURSUANT TO THE AUTHORITY GRANTED BY ARTICLE XVIII, SECTION 14 OF THE COLORADO CONSTITUTION; DIRECTING THE PROMPT INVESTIGATION OF THE TOWN’S REGULATORY AUTHORITY OVER SUCH BUSINESSES; DECLARING THE INTENTION OF THE BOARD OF TRUSTEES TO CONSIDER THE ADOPTION OF APPROPRIATE REGULATIONS WITH RESPECT TO SUCH BUSINESSES IF PERMITTED BY LAW.

 

            WHEREAS, the sale of medical marijuana was authorized and limited by article XVIII, Section 14 of the Colorado Constitution, adopted by the voters of the State of Colorado on November 7, 2000; and

 

            WHEREAS, the Town has no current land use or business regulation governing the operation of a business selling or distributing medical marijuana within the Town: and

 

            WHEREAS, the Town currently has no regulations which would allow the sale growth, or dispensing of medical marijuana as a use by right, conditional use, or through special use review; and

 

            WHEREAS, the imposition of a one hundred eighty (180) day moratorium on the possible regulated allowance of the sale, distribution, or dispensing of medical marijuana, or the submission, acceptance, processing, and approval of all applications for licenses or permits relating to the operation of a business that sells or distributes medical marijuana will allow the Town staff and Board of Trustees to investigate the Town’s requirement, if any, to provide for an allowed business use pertaining to the dispensing of medical marijuana and a corresponding ability to regulate such businesses, and to develop and implement any appropriate regulations deemed necessary by the Board of Trustees; and

 

            WHEREAS, since the Town does not have any current regulations pertaining to businesses that sell or distribute medical marijuana, the Town will suffer irreparable harm if a short, temporary moratorium on the districting, submission, acceptance, processing, and approval of Town permits and licenses related to the operation of such business is not imposed; and

 

            WHEREAS, the duration of the moratorium imposed is reasonable in length and is no longer than is required for the Town to properly investigate, develop, and, if appropriate, adopt and implement any regulations deemed necessary with respect to businesses that sell or distribute medical marijuana; and

 

            WHEREAS, proprietors desiring to open a business that sells or distributes medical marijuana will not be unfairly prejudiced by the imposition of the short, temporary moratorium imposed by this ordinance;

 

NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF DEER TRAIL, COLORADO:

 

            Section 1.        Imposition of a Temporary Moratorium on use and the application and licenses related to businesses that sell or distribute medical marijuana.

            Upon the adoption of the ordinance, a moratorium is imposed upon the proposed use in any part of Town or district for the sale or distribution of medical marijuana, or the submission, acceptance, processing and approval of all applications for permits and licenses by the Town of Deer Trail related to a business that sells, distributes, or proposes to sell, medical marijuana pursuant to the authority granted by Article XVIII, Section 14 of the Colorado Constitution.  The Town staff and the Town of Deer Trail Board of Trustees are directed to prohibit any such land use and to refuse to accept for filing, and not to process or review, any such new applications during the moratorium period.

            Section 2.        Effective Dates of the Moratorium.  The moratorium imposed by this ordinance shall commence as provided by law, and shall expire one hundred eighty (180) days thereafter, unless sooner repealed or extended for good cause.

            Section 3.        Staff to Investigate and Prepare Proposed Regulations.  Before the expiration of the moratorium imposed by this ordinance the Town staff, working with the Town Attorney, shall carefully review the legal authority of the Town to regulate businesses selling or distributing medical marijuana pursuant to Article XVIII, Section 14 of the Colorado Constitution.  Such investigations shall be completed promptly and with due diligence.  If directed to do so by the Board of Trustees, the Town Attorney and Staff shall prepare appropriate new regulations with respect to such businesses for the consideration by the Board of Trustees.

 

            Section 4.        Police Power Finding.  The Board of Trustees hereby finds, determines, and declares that this ordinance is necessary and proper to provide for the safety, preserve the health, promote the prosperity, and improve the order, comfort, and convenience of the Town of Deer Trail and the inhabitants thereof.  The Board further finds that an emergency exists in that if the moratorium is not immediately enforced, the Town will not be able to do the necessary investigation and promulgation required to deal with the stated issue.

 

            Section 5.        Authority.  The Board of Trustees hereby finds, determines, and declares that it has the power to adopt this ordinance pursuant to: (1) the Local Government Land Use Control Enabling Act, §29-20-101 C.R.S., et seq.; (2) §31-23-3 C.R.S., concerning municipal zoning powers; (3) §31-15-103 C.R.S., concerning municipal police powers; (4) §31-15-401 C.R.S., concerning municipal police powers; and (5) §31-15-501 C.R.S., concerning municipal power to regulate business.

 

            Section 6.        Severability.  If any section, subsection or clause of this ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby.

            Section 7.        Repealer.          All acts, orders, resolutions, ordinances, or parts thereof, of the Town that are inconsistent or in conflict with this Ordinance are hereby repealed to the extent only of such inconsistency or conflict.

            Section 8.        Recording and Authentication.  Immediately upon its passage, this Ordinance shall be recorded in the Town of Deer Trail Book of Ordinances kept for that purpose, authenticated by the signatures of the Mayor and Clerk, shall be published as required by law, and shall be incorporated into the controlling law of the Town of Deer Trail. 

 

ADOPTED AND APPROVED this second day of February, 2010.

 

                                                                                   

                                                                                    TOWN OF DEER TRAIL, COLORADO

 

 

                                                                                    ___________________________________

Frank Fields, Mayor

 

( S E A L )

 

 

ATTEST:

 

 

___________________________________

Patti K. Owens, Town Clerk