Chapter 9.35 PROHIBITION ON MARIJUANA FACILITIES*

Chapter 9.35
PROHIBITION ON MARIJUANA FACILITIES

Sections:

9.35.010 Marijuana facilities prohibited.

A. Prohibition under HB 3400. No person, business or entity may establish one of the marijuana facilities listed below within city limits. The establishment, maintenance, or operation of a marijuana facility by a person, business or any other entity within the city is in violation of this chapter.

1. Marijuana processing sites registered with the Oregon Health Authority;

2. Medical marijuana dispensaries registered with the Oregon Health Authority;

3. Marijuana producers licensed by the Oregon Liquor Control Commission;

4. Marijuana processors licensed by the Oregon Liquor Control Commission;

5. Marijuana wholesalers licensed by the Oregon Liquor Control Commission;

6. Marijuana retailers licensed by the Oregon Liquor Control Commission; and

7. Public and private marijuana researches certified by the Oregon Liquor Control Commission.

B. Prohibition on Medical Marijuana Grow Sites. No person, business or entity may establish a medical marijuana grow site within city limits, regardless of whether the person, business or entity is designated to produce marijuana under ORS 475.304. The establishment, maintenance, or operation of a medical marijuana grow site by a person, business or any other entity within the city is in violation of this chapter. (Ord. 8-2016 § 1; Ord. 13-2015 § 1)

9.35.020 Violations and enforcement.

A. Any person who shall violate any provision of this chapter as herein set forth shall be cited and deemed guilty of a Class A misdemeanor and upon conviction before the municipal judge be subject to a fine of not more than $1,000 for each violation thereof. Each day or portion of a day such violation continues or occurs shall be deemed a separate violation.

B. In addition, the establishment, maintenance or operation of a marijuana facility (including medical marijuana grow sites) by a person, business or any other entity within the city in violation of the requirements of this chapter will be subject to any and all enforcement remedies available to the city under law and/or the Fairview Municipal Code including but not limited to enforcement pursuant to the Fairview Municipal Code and/or the filing of an appropriate action and pursuit of an appropriate remedy in a court of competent jurisdiction.

C. The city may pursue any other remedies available to it, including but not limited to an action seeking declaratory relief and/or injunctive relief.

If the city brings an action in either law or equity in any of the courts of this state (including the U.S. District Court for the District of Oregon) other than its municipal court for the enforcement of this chapter, the city shall be entitled to the award of its reasonable attorney fees in the event it is the prevailing party. (Ord. 13-2015 § 1)