HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 05/06/2014 - SECOND READING OF ORDINANCE NO. 060, 2014, AMENDINAgenda Item 4
Item # 4 Page 1
AGENDA ITEM SUMMARY May 6, 2014
City Council
STAFF
Ginny Sawyer, Policy and Project Manager
SUBJECT
Second 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
This Ordinance, unanimously adopted on First Reading on April 15, 2014, amends 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 Second Reading.
ATTACHMENTS
1. First Reading Agenda Item Summary, April 15, 2014 (PDF)
2. Ordinance No. 060, 2014 (PDF)
Agenda 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).
ATTACHMENT 1
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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
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Passed and adopted on final reading on the 6th day of May, A.D. 2014.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk