HomeMy WebLinkAboutOrdinance 1986ORDINANCE NO. ftEL
AN ORDINANCE OF THE CITY OF CENTRAL POINT
DECLARING A MORATORIUM ON MEDICAL MARIJUANA FACILITIES,
AND DECLARING AN EMERGENCY
RECITALS:
A. A the Oregon Legislature enacted House Bill 3460 (2013) which requires the
Oregon Health Authority to develop and implement a process to register
medical marijuana facilities;
House Bill 3460 (2013) directed that persons who operate or are employed
by a registered medical marijuana facility would enjoy immunity from state
prosecution;
C. The issue of whether a local government believes a certain type of business
should operate within its jurisdictional limits is a local government decision,
the enforcement of which is subject to the general and police powers of that
jurisdiction;
D. The Oregon Legislature enacted Senate Bill 1531 (2014) which removes
immunity from state prosecution for a person who is responsible for or
employed by a registered medical marijuana facility located in an area
subject to the jurisdiction of a city or county that enacts a moratorium
prohibiting the operation of a medical marijuana facility; and
E. The City Council believes it is in the best interests of the health, safety and
welfare of the citizens of Central Point to enact such a moratorium
prohibiting the operation of medical marijuana facilities within the
jurisdictional boundaries of the City of Central Point.
THE PEOPLE OF THE CITY OF CENTRAL POINT DO ORDAIN AS FOLLOWS:
Section 1. MORATORIUM DECLARED. The City of Central Point hereby prohibits
the operation of any medical marijuana facility in any area subject to the jurisdiction
of City of Central Point, As used in this section, "medical marijuana facility" includes
any facility that dispenses marijuana pursuant to ORS 475.314 or any other
provision of Oregon law.
Section 2. DURATION OF MORATORIUM. The moratorium imposed by this
ordinance shall be effective until May 1, 2015, unless rescinded sooner.
Section 3. ENFORCEMENT. The Chief of Police is charged with enforcement of
the moratorium.
Section 4. REMEDIES NOT EXCLUSIVE. The remedies available under Senate Bill
1531 (2014) for a violation of the moratorium imposed by this ordinance are not
exclusive of any other remedies available under any applicable federal, state or local
law. It is within the discretion of the City of Central Point to seek cumulative
remedies for a violation of the moratorium imposed by this ordinance.
Section 5. SEVERABILITY. If any provision of this Ordinance or its application to
any person or circumstance is held invalid, the invalidity does not affect other
provisions or applications of this Ordinance that can be given effect without the
invalid provision or application, and to this end the provisions of this Ordinance are
severable.
Section 6. EMERGENCY. This Ordinance being necessary for the immediate
preservation of the public peace, health and safety, an emergency is declared to
exist, and this Ordinance takes effect on its passage.
PASSED by the Council and signed by me in authentication of its passage this
/,C�ay of April 2014.
Mayor Hank Williams
A
City Recorder