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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 04/15/2014 - FIRST READING OF ORDINANCE NO. 060, 2014, AMENDINGAgenda Item 10 Item # 10 Page 1 AGENDA ITEM SUMMARY April 15, 2014 City Council STAFF Rita Harris, Chief Deputy City Clerk SUBJECT First Reading of Ordinance No. 060, 2014, Amending the Definition of "Publicly" Contained in Section 12-141 of the City Code Pertaining to the Cultivation of Marijuana. EXECUTIVE SUMMARY The purpose of this item is to amend the definition of "publicly" in Section 12-141 of the City Code as it relates to the cultivation of marijuana so as to conform the definition to that which appears in Section 17-190 relating to offenses involving marijuana. This will correct a mistake in the drafting of Ordinance Nos. 038 and 039, 2014, adopted by Council on Second Reading on March 18, 2014. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION On March 18, 2014, Council adopted on second reading a series of ordinances relating to retail/recreational marijuana. Two of those ordinances -- Ordinance No. 038, 2014, establishing regulations for the consumption and possession of marijuana and prohibiting the transfer or display of marijuana on City-owned property, and Ordinance No. 039, 2014, establishing regulations for the cultivation of marijuana -- contain a definition of "publicly" which should have been identical to one another. However, the phrase "including any place to which the public or a substantial number of the public have access without restriction" inadvertently appeared in Ordinance No. 039, 2014, while other wording was omitted. This Ordinance amends the definition of "publicly" in Section 12-141 of the City Code (adopted via Ordinance No. 039, 2014) to make the definition consistent with the definition contained in Section 17-190 of the City Code (adopted via Ordinance No. 038. 2014). - 1 - ORDINANCE NO. 060, 2014 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING THE DEFINITION OF “PUBLICLY” CONTAINED IN SECTION 12- 141 OF THE CODE OF THE CITY OF FORT COLLINS PERTAINING TO THE CULTIVATION OF MARIJUANA WHEREAS, on March 18, 2014, the City Council passed and adopted on final reading Ordinance No. 038, 2014 establishing regulations for the consumption and possession of marijuana within the City and prohibiting the transfer or display of marijuana on city-owned property; and WHEREAS, on March 18, 2014, the City Council passed and adopted on final reading Ordinance No. 039, 2014 establishing regulations for the cultivation of marijuana; and WHEREAS, the definition of “publicly” appeared in both ordinances, and those definitions should have been identical to one another, but are not; and WHEREAS, City staff recommends that the definition of “publicly” in Ordinance No. 039, 2014, be amended to make the two definitions identical; and WHEREAS, the City Council has determined that these proposed amendments to the City Code are in the best interests of the City. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS that the definition of “Publicly” contained in Section 12-141 of the Code of the City of Fort Collins is hereby amended to read as follows: Publicly shall mean occurring on any publicly owned property, or on any non-residential property that is open to the general public, including, but not limited to, roadways, transportation facilities, offices, retail stores, restaurants, places of amusement, parks, playgrounds, and the common areas of public buildings and facilities. Introduced, considered favorably on first reading, and ordered published this 15th day of April, A.D. 2014, and to be presented for final passage on the 6th day of May, A.D. 2014. __________________________________ Mayor ATTEST: _______________________________ City Clerk - 2 - Passed and adopted on final reading on the 6th day of May, A.D. 2014. __________________________________ Mayor ATTEST: _______________________________ City Clerk