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HomeMy WebLinkAbout3102 Repealing MMD Moratorium ORDINANCE NO. I AN ORDINANCE REPEALING TEMPORARY MORATORIUM ON ESTABLISHMENT OF MEDICAL MARIJUANA DISPENSARIES Annotated to show deletions and additions to the code sections being modified. Deletions are bold lined through and additions are bold underlined. 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 Ashland City Council adopted Ordinance No. 3093 on April 16, 2014, declaring a moratorium on the operation of medical marijuana dispensaries in designated areas of the City of Ashland for a limited period of time from March 1, 2014, until rescinded. WHEREAS, under Oregon law, local governments may regulate the operation and location of certain types of businesses within their jurisdictional limits. WHEREAS, the Ashland City Council, having duly advertised and conducted public hearings, and now having established rules and regulations for medical marijuana dispensaries within the _ City of Ashland. THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: SECTION 1. Ordinance No. 3093 imposing a Moratorium on Marijuana Dispensaries in the City of Ashland is repealed. SECTION 7 Efnefgene This Or-dinanee being nee ssafy to a-void ineonsisteneies with r-eeently adopted or-dinanees to exist, and this Or-dinaftee takes effeet on its passage. SECTION 3. Severability. If any section, subsection, paragraph, sentence or word in this ordinance is deemed to be invalid or beyond the authority of the City, either on its face or is applied, the invalidity of such provision shall not affect the other sections, subsections, paragraphs, sentences, or words of this ordinance, and the application thereof, and to that end sections, subsections, paragraphs, sentences and words of this chapter shall be deemed severable. Ordinance No. Page 1 of 2 SECTION 4. Codification. Provisions of this ordinance shall be incorporated in the City Code and the word "ordinance" may be changed to "code", "article", "section", or another word, and the sections of this ordinance may be renumbered, or re-lettered, provided however that any Whereas clauses and boilerplate provisions, and text descriptions of amendments (i.e. Sections 3-4) need not be codified and the City Recorder is authorized to correct any cross-references and any typographical errors. The foregoing ordinance was first read by le only in accordance with Article X, Section 2(C) of the City Charter on the !S day of July, 2014, and duly PASSED and ADOPTED on the day of August, 2014. - Barbara M. Christensen, City Recorder SIGNED and APPROVED this / day of August, 2014. 1 hn Stromberg, Mayor Rev' ed as to form: avid H. Lohman, ity Attorney Ordinance No. Page 2 of 2