Chapter 5.30
MARIJUANA OPT-OUT
Sections:
5.30.030 Prohibited activities.
5.30.040 Registered medical marijuana dispensaries – Applicable laws.
5.30.050 Registered marijuana processing sites – Applicable laws.
5.30.070 Enforcement – Penalties.
5.30.080 Interpretation – Severability – Errors.
Prior legislation: Ords. 15-832 and 15-836.
5.30.010 Short title.
Ordinance No. 15-837 may be referred to as the “marijuana opt-out ordinance” and will be cited and referred to herein as “this chapter.” [Ord. 15-837 § 2, 2015]
5.30.020 Purpose.
The purpose of this chapter is to minimize any adverse public safety and health impacts that may result from allowing marijuana establishments to operate in city’s jurisdictional limits. [Ord. 15-837 § 3, 2015]
5.30.030 Prohibited activities.
City hereby prohibits (bans) the establishment of the following in any area subject to city’s jurisdiction (collectively, the “ban”): (1) marijuana processing sites required to be registered under Section 85, Chapter 614, Oregon Laws 2015; (2) medical marijuana dispensaries required to be registered under ORS 475.314; (3) marijuana producers required to be licensed under Section 19, Chapter 1, Oregon Laws 2015; (4) marijuana processors required to be licensed under Section 20, Chapter 1, Oregon Laws 2015; (5) marijuana wholesalers required to be licensed under Section 21, Chapter 1, Oregon Laws 2015; (6) marijuana retailers required to be licensed under Section 22, Chapter 1, Oregon Laws 2015; and/or (7) any combination of the entities described in this section. [Ord. 15-837 § 4, 2015]
5.30.040 Registered medical marijuana dispensaries – Applicable laws.
(1) Dispensary Registration. Notwithstanding the provisions of this chapter, a medical marijuana dispensary is not subject to the ban provided under BMC 5.30.030(2) if it provides city documentation demonstrating the following: (a) the dispensary is registered with the state under ORS 475.314 on or before the date city has adopted the ordinance codified in this chapter, or that it had applied to be registered by July 1, 2015; (b) the dispensary has submitted to city a completed land use application for a medical marijuana dispensary; and (c) the Oregon Health Authority (the “OHA”) has not revoked the dispensary’s registration.
(2) Compliance with Applicable Laws. Any medical marijuana dispensary permitted under subsection (1) of this section must at all times be operated in strict compliance with ORS 475.300 through 475.346; OAR Chapter 333, Division 8; this chapter, Ordinance No. 15-832 (time, place, manner regulations), and Ordinance No. 15-836 (early sales ban); all land use/development, building, and fire codes; and all other federal, state, and local laws, regulations, and ordinances, including, without limitation, those directly or indirectly relating to medical marijuana, including the payment of all fines, fees, and taxes owing to city. [Ord. 15-837 § 5, 2015]
5.30.050 Registered marijuana processing sites – Applicable laws.
(1) Processing Site Registration. Notwithstanding the provisions of this chapter, a marijuana processing site is not subject to the ban imposed under BMC 5.30.030(1) if it provides city documentation demonstrating the following: (a) the processing site is registered with the state under Section 85, Chapter 614, Oregon Laws 2015 on or before the date city has adopted the ordinance codified in this chapter; (b) the processing site has submitted to city a completed land use application for a marijuana processing site; (c) the person responsible for the marijuana processing site or applying to be the person responsible for the processing site was registered under ORS 475.300 through 475.346 on or before July 1, 2015; (d) the person responsible for the marijuana processing site or applying to be the person responsible for the processing site was processing useable marijuana as described in Section 85(1), Chapter 614, Oregon Laws 2015 on or before July 1, 2015; and (e) OHA has not revoked the processing site’s registration.
(2) Compliance with Applicable Laws. Any marijuana processing site permitted under subsection (1) of this section must at all times be operated in strict compliance with Section 85, Chapter 614, Oregon Laws 2015; OAR Chapter 333, Division 8 and any rule promulgated by OHA governing processing sites; Ordinance No. 15-832 and this chapter; all land use/development, building, and fire codes; and all other federal, state, and local laws, regulations, and ordinances, including, without limitation, those directly or indirectly relating to marijuana, including the payment of all fines, fees, and taxes owing to city. [Ord. 15-837 § 6, 2015]
5.30.060 Ban application.
The ban imposed under this chapter applies to all decisions, actions, and/or recommendations by city, including, without limitation, the issuance of building permits, land use permits, business and regulatory licenses, and/or any other form of approval. This ban extends to any decision by OHA acting under ORS 475.314, as amended, or Section 85, Chapter 614, Oregon Laws 2015. This ban extends to any decision by the Oregon Liquor Control Commission (“OLCC”) acting under Section 19, 20, 21, or 22, Chapter 1, Oregon Laws 2015. [Ord. 15-837 § 7, 2015]
5.30.070 Enforcement – Penalties.
The ban and this chapter will be enforced by any sworn peace officer authorized to enforce the laws of city and any other city official authorized to administer city’s land use, development, nuisance, building, and/or other regulations. In addition, city may initiate appropriate suit or legal action in a court of competent jurisdiction to enforce this chapter. Any violation of this chapter is punishable by a fine not to exceed $500.00 per violation. City will be entitled to collect from any person violating this chapter city’s attorney fees and other fees, costs, and expenses incurred by city to enforce this chapter. Each violation, and each day that a violation continues, constitutes a separate civil infraction. The remedies available under this chapter are not exclusive of any other remedies available under any applicable federal, state, and/or local laws, regulations, and/or ordinances. It is within city’s discretion to seek cumulative remedies for a violation of this chapter. [Ord. 15-837 § 8, 2015]
5.30.080 Interpretation – Severability – Errors.
This chapter supersedes all city ordinances, resolutions, and/or policies to the extent such ordinances, resolutions, and/or policies are in conflict with this chapter, including, without limitation, Ordinance No. 15-832. All pronouns contained in this chapter and any variations thereof will be deemed to refer to the masculine, feminine, or neutral, singular or plural, as the identity of the parties may require. The singular includes the plural and the plural includes the singular. The word “or” is not exclusive. The words “include,” “includes,” and “including” are not limiting. Any reference to a particular law, rule, regulation, code, or ordinance includes the law, rule, regulation, code, or ordinance as now in force and which may hereafter be amended. The provisions of this chapter are hereby declared to be severable. If any section, subsection, sentence, clause, and/or portion of this chapter is for any reason held invalid, unenforceable, and/or unconstitutional, such invalid, unenforceable, and/or unconstitutional section, subsection, sentence, clause, and/or portion will (1) yield to a construction permitting enforcement to the maximum extent permitted by applicable law, and (2) not affect the validity, enforceability, and/or constitutionality of the remaining portion of this chapter. This chapter may be corrected by order of the council to cure editorial and/or clerical errors. [Ord. 15-837 § 10, 2015]