HomeMy WebLinkAboutOrdinance No. O10-01ORDINANCE NO. 010-01
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAUREL, MONTANA,
IMPOSING A TEMPORARY MORATORIUM ON THE OPENING, OPERATION, AND
LICENSING OF ANY ESTABLISHMENTS THAT GROW, SELL, OR DISTRIBUTE
MEDICAL MARIJUANA, AND DIRECTING THE STUDY OF NEW PROPOSED
ORDINANCES TO REGULATE SUCH ESTABLISHMENTS.
WHEREAS, on November 2, 2004, Montana voters adopted the Medical Marijuana Act, which is
codified at § 50-46-101, MCA, et seq., and at that time and in subsequent legislative sessions the
legislature failed to include language or authorize State agencies to promulgate administrative rules
concerning a multitude of logistical issues surrounding the Act and the concerns of local governments
about its application in their communities and the parameters under which a local government has
authority to regulate its effects; and
WHEREAS, the Medical Marijuana Act permits the cultivation, manufacture, delivery, transfer,
and transportation of marijuana or paraphernalia by a qualified patient or a caregiver, as those terms are
defined in the Act; and
WHEREAS, establishments that grow, sell or distribute medical marijuana or paraphernalia are
currently not addressed within the existing zoning districts established by the City of Laurel; and
WHEREAS, establishments that grow, sell, or distribute medical marijuana or paraphernalia could
have a blighting or detrimental effect on neighborhoods or on nearby schools or recreational facilities, and
can through such blighting effect create a public nuisance; and
WHEREAS, section 76-2-306, MCA, permits a city to adopt an interim zoning ordinance for the
immediate preservation of the public peace, property, health, or safety, which interim zoning ordinance
may take effect immediately, so long as a public hearing is conducted prior to the adoption of the Interim
Ordinance. The notice of public hearing must be published not less than 7 days prior to the public
hearing; and
WHEREAS, State law allows the City to adopt an interim zoning ordinance to protect public
safety, health, and welfare without following the procedures otherwise required preliminary to the
adoption of zoning ordinances, and such interim ordinances may prohibit uses that may be in conflict with
a contemplated zoning proposal, which the legislative body is considering within a reasonable time; and
WHEREAS, the City Council of the City of Laurel has determined that the licensing, opening, or
operation or any establishments that grow, sell, or distribute medical marijuana or paraphernalia within
the City limits of the City of Laurel, could be immediately detrimental to, harmful to, and a threat to the
peace, property, health, safety, and welfare of the City and its inhabitants, until such time as the City has
had an opportunity to further study such issue and an opportunity to adopt appropriate ordinances, zoning
or otherwise, to appropriately deal with any such establishments; and
WHEREAS, after first having provided lawful public notice, as required by Section 76-2-306(2),
MCA, the City Council conducted a public hearing on March 16, 2010, with respect to this proposed
Ordinance, and invited public comment.
010-01 Moratorium on Medical Marijuana
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Laurel, Montana, as
follows:
Section 1: All the recitals set forth above are hereby adopted as the City Council's Findings of Fact.
Section 2: The terms "marijuana," "paraphernalia," "qualifying patient," and "caregiver," have the
meaning attributed to those terms by the Medical Marijuana Act.
Section 3: The City of Laurel hereby directs the Laurel Planning Director to coordinate the City's
investigation and study of the effect of the opening of establishments that grow, sell, or distribute medical
marijuana or paraphernalia and to make recommendations concerning new zoning ordinances that could
be adopted to better regulate and/or deal with such establishments, to limit, prohibit, or abate any negative
effect implicating the health, safety, and/or welfare of the citizenry of the City of Laurel, Montana, or
blight, upon the City of Laurel, Montana (and its entire zoning jurisdiction and its inhabitants), or the
schools, recreational facilities, or neighborhoods located therein.
Section 4: The City of Laurel further directs the Laurel Planning Director to prepare and present findings
of its investigation and his recommendations to the City/County Planning Board, and that the Planning
Board shall then provide its recommendation to the City Council, so that the City Council may consider
the issue within approximately three (3) months of the date of the enactment of this Ordinance.
Section 5: Until such new ordinances, zoning or otherwise, are adopted and in order to manage the issues
described above, any establishments attempting to grow, sell, or distribute medical marijuana or
paraphernalia are hereby prohibited from being opened, operated, or licensed within the City of Laurel
and its zoning jurisdiction. The prohibition in the preceding sentence shall not apply to a qualifying
patient who possesses not more than six (6) marijuana plants and one (1) ounce of usable marijuana solely
for that patient's own use, nor shall it apply to a caregiver who possesses not more than six (6) marijuana
plants and one (1) ounce of usable marijuana solely for each of his or her qualifying patient's use. During
the period of this interim ordinance, the number of plants in a caregiver's possession may not exceed the
number of plants allowed under the Medical Marijuana Act for the number of qualifying patients, which
were registered to him or her on the effective date of this ordinance.
Section 6: Any individual, entity, or establishment that violates the terms of the restrictions set forth
above shall be deemed to be creating a public nuisance, and shall be subject to prosecution in the same
manner as one who violates City ordinances, and shall be subject to the general penalty section set forth in
the Laurel Municipal Code, and shall further be subject to such civil action to enjoin or abate the public
nuisance, as the City deems appropriate. Such ability of the City to prosecute and/or enjoin or abate is in
addition to any other remedies available to the City, at law or equity.
Section 7: This Ordinance is made expressly retroactive and shall apply to all applications for building
permits, zoning variances, conditional use permits, zoning changes, and all other applications for building
and land use permits, business licenses, safety inspections certificates, development activity, land use
activity, land use changes, and any other applications for approval or any type or nature, which had been
received by the City of Laurel and not yet granted as of the effective date of this Ordinance.
Section 8: In the event any word, phrase, clause, sentence, paragraph, section, or other part of this
Ordinance set forth herein in held invalid by a court of competent jurisdiction, such judgment shall affect
only that part held invalid, and the remaining provisions thereof shall continue in full force and effect.
010-01 Moratorium on Medical Marijuana
Section 9: This Ordinance shall take effect immediately upon its adoption by the City Council of the City
of Laurel, Montana, and signing by the Mayor thereof.
PASSED and ADOPTED by the Laurel City Council this 16'h day of March, 2010, upon motion of
Council Member Poehls
APPROVED BY THE MAYOR this 16`x' day of March, 2010.
CITY OF LAUREL
nneth E. Olson, Jr., or
ATTEST:
-11
Mary K bleton, Clerk/Treasurer n
010-01 Moratorium on Medical Marijuana
Elk River Law Office, P.L.L.P.
***** AFFIDAVIT OF PUBLICATION *****
The BILLINGS GAZETTE
401 N. 28th
Billings, MT 59101
Phone: (406) 657-1212 Fax: (406) 657-1345
Tammy Haar b
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Ad Number: 3831121 she is the principal clerk of The Billings Gazette, a newspaper of general circu-
lation published daily in the City of Billings, in the County of Yellowstone, State
of Montana, and has charge of the Advertisements thereof.
NOTICE OF PUBLIC HEARING
That the: Z; j C I"e.o legal regarding:
WHEREAS, an ordinance of the City
Council of the City of Laurel, Montana, Notice of Public Hearing
imposing a temporary moratorium on
the opening, operation, and licensing of
a true copy of which is hereto annexed, was published in said newspaper on
any establishments that grow, sell, or the following ates: via:
distribute medical marijuana, and di- S ?
recting the study of new proposed ordi- l
nances to regulate such establish-
ments, is being considered by the City
Council of the City of Laurel at its regu-
Making all publication(s)
lar meeting on March 16, 2010, Ordi-
nance No. 010-01. Mark below if certificatation for the State of Montana.
OFFICIAL NOTICE IS HEREBY GIV-
1 hereby certify that I have read sec. 18-7-204 and 18-7-205, MCA, and
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a that public the hearing. Laurel City Council will hold
to gather public testi-
a subsequent revisions, and declare that the price or rate charged the State of
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16, 2010, at 6:30 p.m. in the Council eint of $ 90.74 is not in excess of the minimum rate charged any other
Chambers at City Hall. The City Clerk- advertiser for publication of advertisement, set in the same size type and pub-
Treasurer will also accept protests or
objections, if any, in writing or in person
lished for the same number of insertions. I further certify that this claim is correct
before the Council meeting up to and and just i?, I respects, and that payment or credit has not been received.
including the City Council meeting of
March 16, 2010.
/s/ Mary K. Embleton, •-? __ _
City Clerk-Treasurer
March 7, 2010 STATE MO TANA
County of Yello tone
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On this day of Mar 8, 2010, before me, the u?er?Iqa {Veto Public for the
State of Montana, personally appeared t S(T1fTl?/ Ratalr known
to me to be the person whose name is subscribed to the within ent and
acknowledged to me that he/she executed same. IN WITNESS WHEREOF, I
have hereunto set my hand and affixed my notarial seal the day and year first
above wri n.
OTARY PUBLIC for the State of Montana
Residing at Billings, MT I
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My commission expires: I
TERESA A COX
NOTARY PUBLIC for the
SEAL . State of Montana
'g'•
Residing at Billings, Montana
My Commission Expires
OF
August 31, 2013
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