HomeMy WebLinkAbout3093 Medical Marijuana Moratorium
ORDINANCE NO. DCI
AN ORDINANCE IMPOSING A TEMPORARY MORATORIUM ON
MEDICAL MARIJUANA FACILITIES IN DESIGNATED AREAS OF THE
CITY OF ASHLAND, AND DECLARING AN EMERGENCY
WHEREAS, Article 2. Section 1 of the Ashland City Charter provides:
Powers of the City. The City shall have all powers which the constitutions, statutes, and
common law of the United States and of this State expressly or impliedly grant or allow
municipalities, as fully as though this Charter specifically enumerated each of those
powers, as well as all powers not inconsistent with the foregoing; and, in addition thereto,
shall possess all powers hereinafter specifically granted. All the authority thereof shall
have perpetual succession.
WHEREAS, the Oregon Legislature enacted in House Bill 3460 (2013) ("ORS 475.314") which
requires the Oregon Health Authority to develop and implement a process to register medical
marijuana facilities;
WHEREAS, ORS 475.314 grants immunity from state prosecution to persons who operate or
are employed by a State-registered medical marijuana facility;
WHEREAS, under Oregon law, local governments may regulate the operation and location of
certain types of businesses within their jurisdictional limits except when such action has been
specifically preempted by state statute;
WHEREAS, the Oregon Legislature enacted Senate Bill 1531 (2014) ("Chapter 79, Section 3 of
Oregon Laws 2014") which removes immunity from state prosecution for a person who is
responsible for or employed by a registered medical marijuana facility sited in a geographic area
designated by local ordinance as a location subject to a moratorium prohibiting the operation of
medical marijuana facilities; and
WHEREAS, the Ashland City Council wishes to exercise its legislative discretion to prohibit
operation of medical marijuana facilities in designated areas of the City of Ashland for a limited
period of time to enable the Council to determine what restrictions, if any, should apply to
medical marijuana facilities within those areas.
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:
SECTION 1. Moratorium Declared.
The operation of any medical marijuana facility is temporarily prohibited on any lot which is in
an E-1 Employment District and on any lot which is in the Ashland C-1 Retail Commercial-"D"
Downtown Overlay District. Lots which are located in Ashland E-1 Employment Districts and
which front boulevards are not subject to this prohibition. As used in this section, "medical
marijuana facility" includes any facility that dispenses marijuana pursuant to ORS 475.314 and
"lot" is defined as set forth in the Definitions Chapter of the Ashland Land Use Code.
Ordinance No. Page 1 of 2
SECTION 2. Duration of Moratorium.
The prohibition imposed by this ordinance shall be effective March 1, 2014 and shall continue
until May 1, 2015, unless rescinded sooner.
SECTION 3. Enforcement.
The moratorium imposed by this ordinance may be enforced by the Oregon Health Authority as
provided in rules adopted pursuant to ORS 431.262 and 475.314, by the Ashland Police
Department, by the Jackson County Sheriff, or by Oregon State Police.
SECTION 4. Remedies Not Exclusive.
The remedies available under Chapter 79, Section 3 of Oregon Laws 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 Ashland 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.
The foregoing ordinance was first read by title only in accordance with Article X,
Section 2(C) of the City Charter on the I st day of April, 2014, and duly PASSED and
ADO TED on the 15th day of April, 2014.
Barbara M. Christensen, City Recorder
SIGNED and APPROVED this / day of April, 2014.
o Stro berg, Mayor
Revi d as to form:
avid H. Lo an, City Attorney
Ordinance No. _ Page 2 of 2