HomeMy WebLinkAbout4013
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ordinance 4013
AN INTERIM URGENCY ORDINANCE OF THE BOARD OF SUPERVISORS OF
COUNTY OF BUTTE ENACTING A MORATORIDM ON THE ESTABLISHMENT
OPERATION OF i~ARIJUANA DISPENSARIES.
The Board of Supervisors of the County of Butte ordains
follows:
Section 1. F3.ndings. The Berard finds and declares as follows:
(a) In. 1996, the voters of the State of California approve
Proposition 215 (codified as California Health and Safet
Code section 1.7.362.5, and entitled "The Compassionate Use
Act of 1996"). The intent of Proposition 215 was to
enable persons who are in need of marijuana for medical
purposes to use it without fear of criminal prosecution
under limited, specified circumstances.
(b) Z'n 20fl4, the Legislature .enacted Senate Bill 42C
(codified as California Health and safety Code sectianL
17.362.7 et seq.} to clarify the scope of Proposition 215,
and to provide qualifying patients and primary caregivax~
who collectively or cooperatively cultivate marijuana foz
medical purposes with a limited defense to certaii
specified state criminal. statutes.
(c) The federal Controlled Substances Act, 2]. U.S.C. §~ S0:
et seq., classifies marijuana as a Schedule 3 Drug, whit]
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1 is defined as a drug or other substance that has a hig
z potential for abuse, that has no currently accepts
s medical use in treatment in the United States, and tha
~ has not been accepted as safe far use under medica
s supervision. The federal Controlled Substances Act make
~ it unlawful, under federal law, for any person t
~ cultivate, manufacture, distribute or dispense, o
s possess with intent to manufacture, distribute o
g dispense, marijuana. The €ederal Controlled Substance
so Act contains no exemption for the cultivation.
~-~ manufacture, distribution, dispensation, or possession of
~.2 marijuana far medical purposes.
~~ (d) Facilities which dispense marijuana have proven to have
ig serious harmful effects on the neighborhoods in which:
z5 they are located, to owners of property in sucY.
~s neighborhoods, and to citizens living, visiting,
~~ shopping, conducting business ox otherwise present in the
~s area, as reported by several other California couza.tie:
~g and cities. Such effects are due to such factors as the
zo illegal nature of the activity, the presence of large
2~. quantities of marijuana at the dispensaries, the presence
zz of large amounts of cash, the presence o€ weapons, anc
za other factors. Harmful effects at the dispensaries any
2~ the surrounding areas have included an increase i~
2s burglaries, robberies, illegal sales o€ drugs, use o:
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possession of marijuana by unauthorised persons, attacks
on persons entering or leaving the premises, loitering,
smoking marijuana in public places, and driving while
under the influence of marijuana.
(e) For the above reasons, the Board of Supervisors ha€
directed the Interim Chief Administrative Officer tc
develop proposed regulations which the Board will
consider adopting, to regulate marijuana dispensaries sc
as to prevent the above harmful effects on the County of
Butte unincorporated areas.
(f} In February 2009, the U.S. Attorney General stated that
federal law enforcement officials would ease enforcement
at California medical marijuana facilities. Thi;
statement, along with other factors, has resulted i~
burgeoning interest in establishing marijuana
dispensaries in the State of Californ~.a and the region o
the County of Butte [including incorporated cities withi
the County}. In response, numerous cities and countie
around the-state are enacting regulations. Among th
counties adjacent to Butts County, many agencies hav
recently enacted ordinances either prohibiting o
regulating marijuana dispensaries, or establishing
moratorium on marijuana dispensaries. These regulation
can be e~cpected to have the effect of redirecting person
desirous of establishing such dispensaries, to conside
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~- doing so in the unincorporated area of Butte County. Th
2 County has received several inquires regarding th
a establ~.shment of marijuana dispensaries.
g {g) Proposition 215 and Senate Bill 420 do not preempt loca
5 zoning or nuisance regulations affecting marijuana-
~ related land uses; rather, Senate Bill 420 (Health an
7 Safety Code Section 11.362.83) expressly allows cities anc~
s counties to adopt and enforce ordinances that are
~ consistent with state law. The scope of local. regulatory
10 ~ power caara.tinues to be challenged by proponents of
1~ marijuana--related land uses, and is presently being
~2 resolved by the appellate courts in cases such as C.zty o.f
~3 CZarerr~ont v. Kruse (2009) 177 Ca1.App.4C~' 11.53 anc
i4 QuaZzfzed Patiexzts Assoc. 'v'. City of Anaheim (G0~0077,
~~ app. pending).
i6 (h) Under the current provisions of the Butte County Zoninc
~'~ Code (Chapter 24 of the Butte County Code}, Marijuana
~s Dispensaries are not identified as a permitted use, or
~9 use permitted subject to a use perma.t, in any zoninc
20 district in the County. Further, Marijuana Dispensarie.
21 are not found to be substantially similar to other
22 permitted, conditional, or accessary uses. The Count;
23 interprets these provisions to mean that such uses arE
2~ prohibited. However, the County recognizes that numerous
2s other local governments have faced arguments that
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marijuana dispensaries are permitted uses under simil
ordinances, or are encompassed within generic permitt
uses, such a.s "miscellaneous retail" ox "medic
CliniCS."
{i) The County intends to consider and study possible means
of regulating ar prohibiting marijuana dispensaries,
including zoning regulations and other regulations, an
by this ordinance shall direct the immediate commencemen
of such consideration and study.
{j) If marijuana dispensaries are allowed to be established,
developed, constructed, maintained, or operated in the
County without appropriate regulations, such uses may bes
established in areas, or operated in a manner, that waul.c~
conflict with the proposed regulations to be considered
and studied by the County, and would therefore defeat the
purpose of the. proposal to study and adopt nee
regulations regarding marijuana dispensaries.
(k) The establishment, ,development, construction,
maintenance, ar operation of Marijuana nispensaries, anc
the continued approval. of use permits, variances,
building permits, or any other applicable entl.tlement~
authorizing their establishment, would result in
current and immediate threat to the public health, safetS
and welfare, because such uses threaten to cause the
harmful "secondary effects" identified above within the
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unincorporated area of the County of Butte, and becaus
such uses may frustrate the accomplishment of the goal
of the marijuana dispensary regulations that the Count
wizl consider and study. It is therefore necessary t
adopt this ordinance to prohibit their establishment,
development, construction, maintenance, or operatio
during the period of such consideration and study.
Section 2. Defin3.t•~.ons. ~'or the purpose of this ordinance, th
following terms shall have the following meanings:
(a) "Development Application" shall mean an application fo
any permit or approval to be issued by any County of
Butte officer, departmexxt or other agency, i.ncludin
subdivisions, use permits, variances, building permits,
or any other entitlement for use.
{b) "Marijuana Dispensary" shall mean: Any facility where
marijuana is made available for medical purposes in
accordance with Health and Safety Code Section 11.362.5
or any state regulation adopted in furtherance thereof,
provided, however, that a "Marijuana Dispensary!! shall
not include the fallowing facilities pursuant to the
following provisions of Division 2 of the Health anc
Safety Code:
(1) A clinic licensed pursuant to Chapter 1;
(2) A health facility Licensed pursuant to Chapter 2;
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t3) A residential care facility for persons wit
chronic, life-threatening illnesses license
pursuant to Chapter 3.01,
(~) A residential care facility far the elderl
licensed pursuant to Chapter 3.z; or
(5) A residential hospice or a home health agent
licensed pursuant to Chapter 8.
"Marijuana Dispensary" includes medicinal mariju
"cooperatives" and "aolleGtives."
(c) "Marijuana" sha11 have the same meaning as that set
forth in Health and Safety Code section 11418.
(d) "Person" shall include: Any natural person,
association, corporation, cooperative, partnership,
collective, limited liability company, or any other
social ar business entity.
Section 3. Prohibitions. No Person shall cause ox permit the
establishment, de,crelopment, construction, maintenance,
operation, or enlargement of a Marijuana Dispensary, within the
unincorporated areas of the County of Butte, nor shall an.~
Development Application be accepted, filed, processed, issued o~
approved for such a Marijuana Dispensary during the term of this
moratorium ordinance. This a.znterim ordinance shall in no way
limit the right to possess, use or cultivate marijuana foa
medicinal purposes as is presently authorized by the laws of the
State of California as set forth in the Hea]:th and Safety Cade.
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Section 4. Report. The interim Chief Administrative Officer ~.
directed to issue a written. report describing the measures
by the County to alleviate the conditions which have led to
adoption of this ordinance, at least 1Q days prior to
expiration of this ordinance.
Section 5. Severability. l.f any provision of this ordinance
the application thereof to any person or circumstances is f
any reason held to ,be invalid by a court or compete
jurisdiction, such provision shall be deemed severable, and t
invalidity thereof shall not affect the remaining provisions
other applications of the Ordinance which can be givexx effe
without the invalid provision or application thereof.
Section 6. Urgency, Duration. and Pub~.ioation. This 'ordinance i
adapted by the Board of Supervisors pursuant to the Californi
Constitution, article X~, section 7 and Government Code Sectio
65858 by a four_fifths or greater vote, as an urgency measure
protect the public health, safety and welfare, a~zd shall to
effect immediately. The reasons for such urgency are set for
in Section Z above. This ordinance shall expire and be of
further force or effect 45 days after its adoption, unless it i
extended pursuant to Section 65858. Before the expiration of 1
days after the adoption of this ordinance, a summary hereo
shall be published once, with the names of the members of thi
Board voting for ox against the same in the Chico Ente ris
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Record, a newspaper of general circulation published in the
County of Butte.
(THIS SPACE LEFT BLANK INTENTIONALLY}
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PASSED AND ADOPTED by the Board of Supervisors of th
County of Butte, State of California, on the 12th day o
January, 201E}, by the following vote:
AYES : SIIPERVrSORS DOLk'~D; KIRK, L~ERT, Yl~71GUCHI, ~ CHt~I1R CONNELLY
NOES: NONE
ABSENT ; NONE
NOT VOTING: NONE
BILL CONNELLY, Ch 'r of the
Butte County Board of Supervisors
ATTEST:
SCOTT TANDY,
Interim C zef dmi.nistrative O f2Cer
and C~.e~}~/ o ~e ,Board
BY.
G : \012T1}~I3P.iQGE\MOratoriumEsto f Mai j uanaDi spensari esard , doc
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