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ORDINANCE NO. 247      

 

AN ORDINANCE TO EXTEND THE MORATORIUM ADOPTED ON FEBRUARY 2, 2010, CONCERNING THE USE OF ANY PROPERTY LOCATED IN THE TOWN OF DEER TRAIL, ARAPAHOE COUNTY, COLORADO, PERTAINING TO THE GROWTH, SALE, AND DISTRIBUTION, OR ANY OTHER LAND USES 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 GROWS, SELLS, DISTRIBUTES, OR HAS ANY OTHER BUSINESS RELATIONSHIP TO MEDICAL MARIJUANA PURSUANT TO THE AUTHORITY GRANTED BY ARTICLE XVIII, SECTION 14 OF THE COLORADO CONSTITUTION.

 

            WHEREAS, on February 2, 2010, the Board of Trustees approved a moratorium to allow for the imposition of a six month moratorium on the possible regulated allowance of the growth, 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; and

 

            WHEREAS, though the moratorium is scheduled to end on August 2, 2010, with staff to have prepared and presented to the Board of Trustees, in time to comply with the end of the moratorium period, proposed new regulations for consideration of such business or land use; and

 

            WHEREAS, since the adoption of the above cited Ordinance, the state and federal governments, as well as state courts of law, continue to determine and consider questions of interpretation and administration of Article XVIII, Section 14 of the Colorado Constitution, and

 

            WHEREAS, the issues associated with land use and medical marijuana continue to be in a state of flux and will likely continue for some time, making it difficult for local governments to pass rules and regulations governing the land use issues at this time;  and

 

            WHEREAS, proprietors desiring to open a business that grows, sells, or distributes or other land uses associated with medical marijuana also require specificity in the law for reasonable operation of such business  and, therefore, will not be unfairly prejudiced by a short extension of the temporary moratorium;

 

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

 

            Section 1.        Extension of the Temporary Moratorium on the use and the application and licensing related to businesses that grow, sell, or distribute medical marijuana.  Upon the adoption of this ordinance, the moratorium previously adopted on February 2, 2010, shall be extended to December 31, 2010, unless sooner rescinded by the Board.  The moratorium shall be imposed upon the proposed use in any district presently enumerated by the Town zoning and land use ordinances for the growth, sale, or distribution, or any other land uses associated with 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 grows, sells, distributes, or proposes to grow, sell, distribute, or any other land uses associated with medical marijuana pursuant to the authority granted by Article XVIII, Section 14 of the Colorado Constitution.  The Town staff is 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 extended temporary moratorium period.

 

            Section 2.        Effective Dates of the Moratorium.  The moratorium imposed herein shall continue up to and through December 31, 2010, unless sooner rescinded.

 

            Section 3.        Staff to Continue to Investigate and Prepare Proposed Regulations.  Before the expiration of the moratorium, and dependent upon the state and federal legislatures and the district courts of the State of Colorado, Town staff, working with the Town Attorney, shall continue to carefully review the legal authority of the Town to regulate businesses growing, selling, or distributing, or any other land uses associated with 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 town staff shall prepare appropriate new regulations with respect to such businesses for  consideration by the Board of Trustees.

            Section 4.        Police Power Finding.  The Board of Trustees hereby finds, determines, and declares that an emergency exists and that this ordinance is immediately 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.   Particularly, the moratorium is essential to allow the Board time to review the actions to be taken by the State legislature and /or the State courts prior to the implementation of any local legislation concerning medical marijuana.

 

            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 become effective, shall be published, and 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.

 

ADOPTED AND APPROVED this sixth day of July, 2010.

                                                                               

                                                                                    TOWN OF DEER TRAIL, COLORADO

 

                                                                                    ___________________________________

Frank Fields, Mayor

( S E A L )

 

ATTEST:

 

___________________________________

Patti K. Owens, Town Clerk