HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 08/16/2011 - ITEMS RELATING TO A CITIZEN-INITIATED ORDINANCE TODATE: August 16, 2011
STAFF: Wanda Krajicek
AGENDA ITEM SUMMARY
FORT COLLINS CITY COUNCIL 26
SUBJECT
Items Relating to a Citizen-Initiated Ordinance to Prohibit the Operation of Medical Marijuana Centers, Optional
Premises Cultivation Operations, and Medical Marijuana-infused Product Manufacturing Within the City of Fort Collins
Corporate Limits.
A. Presentation of a Petition for a Citizen-Initiated Ordinance that Would Prohibit the Operation of Medical
Marijuana Centers, Optional Premises Cultivation Operations, and Medical Marijuana-infused Product
Manufacturing Within the City of Fort Collins Corporate Limits. (No Action Needed)
B. First Reading of Ordinance No. 110, 2011, an Initiated Ordinance to Prohibit the Operation of Medical
Marijuana Centers, Optional Premises Cultivation Operations, and Medical Marijuana-infused Product
Manufacturing Within the City of Fort Collins Corporate Limits. (Option 1)
OR
Resolution 2011-070 Submitting a Proposed Citizen-Initiated Ordinance to Prohibit the Operation of Medical
Marijuana Centers, Optional Premises Cultivation Operations, and Medical Marijuana-infused Product
Manufacturing Within the City of Fort Collins Corporate Limits at a Special Municipal Election to Be Held on
November 1, 2011, In Conjunction with the Larimer County Coordinated Election. (Option 2)
EXECUTIVE SUMMARY
The City Clerk’s Office received an initiative petition on July 19, 2011, which has been determined to contain a
sufficient number of signatures to place an initiated measure before the registered electors of the City at a special
election. Pursuant to the City Charter, upon presentation of an initiative petition certified as sufficient by the City Clerk,
the Council must either (1) adopt the proposed ordinance without alteration within 30 days (Option 1); or (2) submit
such proposed measure, in the form petitioned for, to the registered electors of the city (Option 2). If the Council
chooses to submit the proposed measure to the voters, Resolution 2011-070 would submit the measure and establish
the ballot language for the measure.
BACKGROUND / DISCUSSION
The City Clerk’s Office has certified a sufficient number of signatures on an initiative petition received on July 19, 2011.
Under Article X of the City Charter, 4,214 signatures of registered electors (at least 15% of the total ballots cast in the
last regular City election) are required to place an initiative on a special election ballot. Upon presentation of an
initiative petition certified as to sufficiency by the City Clerk, the Council must either adopt the proposed ordinance
without alteration or submit the proposed measure in the form petitioned for, to the registered electors of the city. In
anticipation of receiving this petition, a special election has been called for November 1, 2011, in conjunction with the
Larimer County Coordinated Election.
The purpose of the initiated measure is to prohibit the operation of medical marijuana centers, optional premises
cultivation operations, and medical marijuana-infused product manufacturing within the City of Fort Collins corporate
limits. The text of the proposed ordinance is as follows:
August 16, 2011 -2- ITEM 27
AN INITIATED ORDINANCE TO PROHIBIT THE OPERATION OF MEDICAL
MARIJUANA CENTERS, OPTIONAL PREMISES CULTIVATION OPERATIONS, AND
MEDICAL MARIJUANA-INFUSED PRODUCT MANUFACTURING WITHIN THE CITY
OF FORT COLLINS CORPORATE LIMITS
WHEREAS, on November 7, 2000, the voters of the state of Colorado approved Amendment 20, which
added § 14 to Article XVIII of the Colorado Constitution and created a limited exception from criminal liability
under Colorado law (as opposed to Federal law) for seriously ill persons who are in need of marijuana for
specified purposes and who obtain and use medicinal marijuana under the limited, specified circumstances
described in Amendment 20; and
WHEREAS, Amendment 20 contains specific definitions for the terms “Patient”, “Physician” and “Primary
Care-giver” and confers specific protections upon and exemptions from criminal prosecution to persons who
meet the requirements of each such defined term provided that all the provisions of Amendment 20 are
complied with; and
WHEREAS the citizens of the City of Fort Collins recognize the protection for the medical use of marijuana
by persons diagnosed with debilitating medical conditions afforded by Article XVIII, Section 14 of the
Colorado Constitution, and desire to affirm the ability of such patients and their primary caregivers to otherwise
be afforded the protections of Article XVIII, Section 14 of the Colorado Constitution and C.R.S. §25-1.5-106,
as the same may be amended from time to time; and
WHEREAS, the Colorado Legislature during the 2010 legislative session considered House Bill 10-1284
and adopted legislation which in pertinent part added a new Article 43.3 to Title 12 of the Colorado Revised
Statues, to be known as the Colorado Medical Marijuana Code; and
WHEREAS, the Colorado Medical Marijuana Code clarifies Colorado law regarding the scope and extent
of Amendment 20 to the Colorado Constitution (“Article XVIII, Section 14”), and at the same time regulates
the retail sale, distribution, cultivation and dispensing of medical marijuana known as a “Medical Marijuana
Center,” and further authorizes licensing mechanisms known as an “Optional Premises Cultivation Operation”
and a “Medical Marijuana-Infused Products Manufacturers’ License,” and furthermore defines the following:
A) Medical Marijuana Center. As used within this Code, a Medical Marijuana Center is given the
identical meaning as that defined in Colorado Revised Statute § 12-43.3-104(8).
B) Optional Premises Cultivation Operation. As used within this Code, an Optional Premises
Cultivation Operation is given the identical meaning as that defined in Colorado Revised Statute
§ 12-43.3-104(12).
C) Medical Marijuana-Infused Products Manufacturer. As used within this Code, a Medical
Marijuana Infused Products Manufacturer is given the identical meaning as that defined in
Colorado Revised Statute § 12-43.3-104(10).
WHEREAS, § 12-43.3-106, C.R.S., provides that the Colorado Medical Marijuana Code shall have
statewide effect unless a municipality, county, city, or city and county, by either a majority of the registered
electors of the municipality, county, city, or city and county voting at a regular election or special election
called in accordance with the "Colorado Municipal Election Code of 1965", Article 10 of Title 31, C.R.S., or
the “Uniform Election Code of 1992", Articles 1 to 13 of Title 1, C.R.S., as applicable, or a majority of the
members of the governing board for the municipality, county, city, or city and county, vote to prohibit the
operation of Medical Marijuana Centers, Optional Premises Cultivation Operations, and Medical Marijuana-
Infused Products Manufacturers' Licenses; and
WHEREAS, C.R.S. § 12-43.3-310 of the Colorado Medical Marijuana Code further specifically authorizes
a municipality in part “to prohibit the operation of medical marijuana centers, optional premises cultivation
operations, and medical marijuana-infused products manufacturers’ licenses … based on local government
zoning, health, safety, and public welfare laws for the distribution of medical marijuana that are more restrictive
than this article;” and
August 16, 2011 -3- ITEM 27
WHEREAS, there are citizens of the City of Fort Collins, who protest and object to the operation of
Medical Marijuana Centers, Optional Premises Cultivation Operations, and Medical Marijuana-Infused
Products Manufacturers’ Licenses within the City of Fort Collin’s Corporate limits; and
WHEREAS, Section 1(9), Article V, of the Constitution of Colorado provide that the initiative powers are
reserved to the registered electors of every city, town, and municipality as to all local, special, and municipal
legislation of every character in and for their respective municipalities; and
WHEREAS, Article 11, Title 31, of the Colorado Revised Statutes sets forth the procedures for exercising
the initiative power reserved for municipal electors; and
WHEREAS, it is the intent and desire of the citizens of the City of Fort Collins that the City Council of the
City of Fort Collins, Colorado, adopt this Initiated Ordinance in the form presented herein to prohibit the
operation of Medical Marijuana Centers, Optional Premises Cultivation Operations, and Medical Marijuana-
Infused Product Manufacturing within the City of Fort Collins Corporate Limits or, if the within Initiated
Ordinance is not adopted by the City Council in the form presented herein, that the within Initiated Ordinance
be referred in the form presented herein to the registered electors of the municipality at a regular or special
election to be scheduled as provided by law.
If any provision or provisions of this initiated ordinance shall be held to be invalid, illegal, unenforceable
or in conflict with the law, the validity, legality and enforceability of the remaining provisions shall not in any
way be affected or impaired thereby.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT
COLLINS, COLORADO:
Section 1. Pursuant to Article 43.3 of Title 12 of the Colorado Revised Statutes, the City of Fort Collins
hereby prohibits the operation of Medical Marijuana Centers, Optional Premises Cultivation Operations and
Medical Marijuana Infused Products Manufacturing, effective ten (10) days following publication of the within
Ordinance as provided in Section 4.9 (B) of the Home Rule Charter of the City of Fort Collins. With respect
to any such Centers, Operations, facilities or businesses of any kind in operation upon such effective date, each
and every such Center, Operation, facility and business shall cease operations within ninety (90) days of said
date.
Section 2. Should the City Council refer this Initiated Ordinance to the registered electors of the City
at a regular or special municipal election, this Initiated Ordinance shall take effect immediately upon
certification by the designated election official that a majority of registered electors voted in favor of this
Initiated Ordinance at such regular or special election. In such event, each and every Medical Marijuana
Centers, Optional Premises Cultivation Operations and Medical Marijuana Infused Products Manufacturing
in operation on such effective date shall cease operations within ninety (90) days of the effective date specified
in this Section 2.
STAFF RECOMMENDATION
Staff recommends Council choose either Option 1 (adoption of the Ordinance without alternation) or Option 2
(submitting the proposed measure to the voters).
ATTACHMENTS
1. Petition certification
OPTION 1
ORDINANCE NO. 110, 2011
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AN INITIATED ORDINANCE TO PROHIBIT THE OPERATION OF MEDICAL
MARIJUANA CENTERS, OPTIONAL PREMISES CULTIVATION OPERATIONS,
AND MEDICAL MARIJUANA-INFUSED PRODUCT MANUFACTURING
WITHIN THE CITY OF FORT COLLINS CORPORATE LIMITS
WHEREAS, on November 7, 2000, the voters of the state of Colorado approved Amendment
20, which added § 14 to Article XVIII of the Colorado Constitution and created a limited exception
from criminal liability under Colorado law (as opposed to Federal law) for seriously ill persons who
are in need of marijuana for specified purposes and who obtain and use medicinal marijuana under
the limited, specified circumstances described in Amendment 20; and
WHEREAS, Amendment 20 contains specific definitions for the terms “Patient”,
“Physician” and “Primary Care-giver” and confers specific protections upon and exemptions from
criminal prosecution to persons who meet the requirements of each such defined term provided that
all the provisions of Amendment 20 are complied with; and
WHEREAS the citizens of the City of Fort Collins recognize the protection for the medical
use of marijuana by persons diagnosed with debilitating medical conditions afforded by Article
XVIII, Section 14 of the Colorado Constitution, and desire to affirm the ability of such patients and
their primary caregivers to otherwise be afforded the protections of Article XVIII, Section 14 of the
Colorado Constitution and C.R.S. §25-1.5-106, as the same may be amended from time to time; and
WHEREAS, the Colorado Legislature during the 2010 legislative session considered House
Bill 10-1284 and adopted legislation which in pertinent part added a new Article 43.3 to Title 12 of
the Colorado Revised Statues, to be known as the Colorado Medical Marijuana Code; and
WHEREAS, the Colorado Medical Marijuana Code clarifies Colorado law regarding the
scope and extent of Amendment 20 to the Colorado Constitution (“Article XVIII, Section 14”), and
at the same time regulates the retail sale, distribution, cultivation and dispensing of medical
marijuana known as a “Medical Marijuana Center,” and further authorizes licensing mechanisms
known as an “Optional Premises Cultivation Operation” and a “Medical Marijuana-Infused Products
Manufacturers’ License,” and furthermore defines the following:
A) Medical Marijuana Center. As used within this Code, a Medical Marijuana
Center is given the identical meaning as that defined in Colorado Revised
Statute § 12-43.3-104(8).
B) Optional Premises Cultivation Operation. As used within this Code, an
Optional Premises Cultivation Operation is given the identical meaning as
that defined in Colorado Revised Statute § 12-43.3-104(12).
C) Medical Marijuana-Infused Products Manufacturer. As used within this
Code, a Medical Marijuana Infused Products Manufacturer is given the
identical meaning as that defined in Colorado Revised Statute § 12-43.3-
104(10).
WHEREAS, § 12-43.3-106, C.R.S., provides that the Colorado Medical Marijuana Code
shall have statewide effect unless a municipality, county, city, or city and county, by either a
majority of the registered electors of the municipality, county, city, or city and county voting at a
regular election or special election called in accordance with the "Colorado Municipal Election Code
of 1965", Article 10 of Title 31, C.R.S., or the “Uniform Election Code of 1992", Articles 1 to 13
of Title 1, C.R.S., as applicable, or a majority of the members of the governing board for the
municipality, county, city, or city and county, vote to prohibit the operation of Medical Marijuana
Centers, Optional Premises Cultivation Operations, and Medical Marijuana-Infused Products
Manufacturers' Licenses; and
WHEREAS, C.R.S. § 12-43.3-310 of the Colorado Medical Marijuana Code further
specifically authorizes a municipality in part “to prohibit the operation of medical marijuana
centers, optional premises cultivation operations, and medical marijuana-infused products
manufacturers’ licenses … based on local government zoning, health, safety, and public welfare
laws for the distribution of medical marijuana that are more restrictive than this article;” and
WHEREAS, there are citizens of the City of Fort Collins, who protest and object to the
operation of Medical Marijuana Centers, Optional Premises Cultivation Operations, and Medical
Marijuana-Infused Products Manufacturers’ Licenses within the City of Fort Collin’s Corporate
limits; and
WHEREAS, Section 1(9), Article V, of the Constitution of Colorado provide that the
initiative powers are reserved to the registered electors of every city, town, and municipality as to
all local, special, and municipal legislation of every character in and for their respective
municipalities; and
WHEREAS, Article 11, Title 31, of the Colorado Revised Statutes sets forth the procedures
for exercising the initiative power reserved for municipal electors; and
WHEREAS, it is the intent and desire of the citizens of the City of Fort Collins that the City
Council of the City of Fort Collins, Colorado, adopt this Initiated Ordinance in the form presented
herein to prohibit the operation of Medical Marijuana Centers, Optional Premises Cultivation
Operations, and Medical Marijuana-Infused Product Manufacturing within the City of Fort Collins
Corporate Limits or, if the within Initiated Ordinance is not adopted by the City Council in the form
presented herein, that the within Initiated Ordinance be referred in the form presented herein to the
registered electors of the municipality at a regular or special election to be scheduled as provided
by law.
If any provision or provisions of this initiated ordinance shall be held to be invalid, illegal,
unenforceable or in conflict with the law, the validity, legality and enforceability of the remaining
provisions shall not in any way be affected or impaired thereby.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FORT COLLINS, COLORADO:
Section 1. Pursuant to Article 43.3 of Title 12 of the Colorado Revised Statutes, the City
of Fort Collins hereby prohibits the operation of Medical Marijuana Centers, Optional Premises
Cultivation Operations and Medical Marijuana Infused Products Manufacturing, effective ten (10)
days following publication of the within Ordinance as provided in Section 4.9 (B) of the Home Rule
Charter of the City of Fort Collins. With respect to any such Centers, Operations, facilities or
businesses of any kind in operation upon such effective date, each and every such Center, Operation,
facility and business shall cease operations within ninety (90) days of said date.
Section 2. Should the City Council refer this Initiated Ordinance to the registered
electors of the City at a regular or special municipal election, this Initiated Ordinance shall take
effect immediately upon certification by the designated election official that a majority of registered
electors voted in favor of this Initiated Ordinance at such regular or special election. In such event,
each and every Medical Marijuana Centers, Optional Premises Cultivation Operations and Medical
Marijuana Infused Products Manufacturing in operation on such effective date shall cease operations
within ninety (90) days of the effective date specified in this Section 2.
Introduced, considered favorably on first reading, and ordered published this 16th day of
August, A.D. 2011, and to be presented for final passage on the 6th day of September, A.D. 2011.
_________________________________
Mayor
ATTEST:
_____________________________
City Clerk
Passed and adopted on final reading on the 6th day of September, A.D. 2011.
_________________________________
Mayor
ATTEST:
_____________________________
City Clerk
OPTION 2
RESOLUTION 2011-070
OF THE COUNCIL OF THE CITY OF FORT COLLINS
SUBMITTING A CITIZEN-INITIATED ORDINANCE
TO PROHIBIT THE OPERATION OF MEDICAL MARIJUANA CENTERS,
OPTIONAL PREMISES CULTIVATION OPERATIONS, AND
MEDICAL MARIJUANA-INFUSED PRODUCT MANUFACTURING
WITHIN THE CITY OF FORT COLLINS CORPORATE LIMITS AT A
SPECIAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 1, 2011,
IN CONJUNCTION WITH THE LARIMER COUNTY COORDINATED ELECTION
WHEREAS, under Article X, Section 1 of the City Charter, the registered electors of the City
have the power to propose a measure to the City Council, and if the City Council fails to adopt a
measure so proposed, then to adopt or reject such ordinance or resolution at the polls; and
WHEREAS, an initiative petition to prohibit the operation of medical marijuana centers,
optional premises cultivation operations, and medical marijuana-infused product manufacturing
within the City of Fort Collins corporate limits has been submitted to the City, and the City Clerk
has certified said petition as sufficient for submission of the initiated ordinance to a vote of the
people at a special municipal election; and
WHEREAS, the City Clerk has presented said petition to the City Council as provided in
Article X, Section 5(f)(4) of the City Charter; and
WHEREAS, under Article X, Section 1(e) of the City Charter, upon presentation of an
initiative petition certified as to sufficiency by the City Clerk, the City Council must either adopt
the citizen-initiated ordinance without alteration within thirty (30) days or submit said citizen-
initiated ordinance in the form petitioned for, to the registered electors of the City; and
WHEREAS, under Article X, Section 6 of the City Charter, upon ordering an election on any
initiative or referendum measure, the Council shall, after public hearing, adopt by resolution a ballot
title and submission clause for the measure; and
WHEREAS, the ballot title for the measure must identify the measure as either a city
initiated or citizen initiated measure; and
WHEREAS the submission clause must be brief, must not conflict with those selected for
any petition previously filed for the same election, and must unambiguously state the principle of
the provision sought to be added.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That there is hereby submitted to the registered electors of the City at a special
municipal election to be held in conjunction with the Larimer County Coordinated Election on
Tuesday, November 1, 2011, the following proposed citizen-initiated ordinance:
AN INITIATED ORDINANCE TO PROHIBIT THE OPERATION OF MEDICAL
MARIJUANA CENTERS, OPTIONAL PREMISES CULTIVATION OPERATIONS, AND
MEDICAL MARIJUANA-INFUSED PRODUCT MANUFACTURING WITHIN THE CITY
OF FORT COLLINS CORPORATE LIMITS
WHEREAS, on November 7, 2000, the voters of the state of Colorado approved Amendment
20, which added § 14 to Article XVIII of the Colorado Constitution and created a limited exception
from criminal liability under Colorado law (as opposed to Federal law) for seriously ill persons who
are in need of marijuana for specified purposes and who obtain and use medicinal marijuana under the
limited, specified circumstances described in Amendment 20; and
WHEREAS, Amendment 20 contains specific definitions for the terms “Patient”, “Physician”
and “Primary Care-giver” and confers specific protections upon and exemptions from criminal
prosecution to persons who meet the requirements of each such defined term provided that all the
provisions of Amendment 20 are complied with; and
WHEREAS the citizens of the City of Fort Collins recognize the protection for the medical
use of marijuana by persons diagnosed with debilitating medical conditions afforded by Article XVIII,
Section 14 of the Colorado Constitution, and desire to affirm the ability of such patients and their
primary caregivers to otherwise be afforded the protections of Article XVIII, Section 14 of the
Colorado Constitution and C.R.S. §25-1.5-106, as the same may be amended from time to time; and
WHEREAS, the Colorado Legislature during the 2010 legislative session considered House
Bill 10-1284 and adopted legislation which in pertinent part added a new Article 43.3 to Title 12 of
the Colorado Revised Statues, to be known as the Colorado Medical Marijuana Code; and
WHEREAS, the Colorado Medical Marijuana Code clarifies Colorado law regarding the
scope and extent of Amendment 20 to the Colorado Constitution (“Article XVIII, Section 14”), and
at the same time regulates the retail sale, distribution, cultivation and dispensing of medical marijuana
known as a “Medical Marijuana Center,” and further authorizes licensing mechanisms known as an
“Optional Premises Cultivation Operation” and a “Medical Marijuana-Infused Products
Manufacturers’ License,” and furthermore defines the following:
A) Medical Marijuana Center. As used within this Code, a Medical
Marijuana Center is given the identical meaning as that defined in
Colorado Revised Statute § 12-43.3-104(8).
B) Optional Premises Cultivation Operation. As used within this Code, an
Optional Premises Cultivation Operation is given the identical meaning as
that defined in Colorado Revised Statute § 12-43.3-104(12).
C) Medical Marijuana-Infused Products Manufacturer. As used within this
Code, a Medical Marijuana Infused Products Manufacturer is given the
identical meaning as that defined in Colorado Revised Statute § 12-43.3-
104(10).
WHEREAS, § 12-43.3-106, C.R.S., provides that the Colorado Medical Marijuana Code
shall have statewide effect unless a municipality, county, city, or city and county, by either a majority
of the registered electors of the municipality, county, city, or city and county voting at a regular
election or special election called in accordance with the "Colorado Municipal Election Code of
1965", Article 10 of Title 31, C.R.S., or the “Uniform Election Code of 1992", Articles 1 to 13 of Title
1, C.R.S., as applicable, or a majority of the members of the governing board for the municipality,
county, city, or city and county, vote to prohibit the operation of Medical Marijuana Centers, Optional
Premises Cultivation Operations, and Medical Marijuana-Infused Products Manufacturers' Licenses;
and
WHEREAS, C.R.S. § 12-43.3-310 of the Colorado Medical Marijuana Code further
specifically authorizes a municipality in part “to prohibit the operation of medical marijuana centers,
optional premises cultivation operations, and medical marijuana-infused products manufacturers’
licenses … based on local government zoning, health, safety, and public welfare laws for the
distribution of medical marijuana that are more restrictive than this article;” and
WHEREAS, there are citizens of the City of Fort Collins, who protest and object to the
operation of Medical Marijuana Centers, Optional Premises Cultivation Operations, and Medical
Marijuana-Infused Products Manufacturers’ Licenses within the City of Fort Collin’s Corporate limits;
and
WHEREAS, Section 1(9), Article V, of the Constitution of Colorado provide that the
initiative powers are reserved to the registered electors of every city, town, and municipality as to all
local, special, and municipal legislation of every character in and for their respective municipalities;
and
WHEREAS, Article 11, Title 31, of the Colorado Revised Statutes sets forth the procedures
for exercising the initiative power reserved for municipal electors; and
WHEREAS, it is the intent and desire of the citizens of the City of Fort Collins that the City
Council of the City of Fort Collins, Colorado, adopt this Initiated Ordinance in the form presented
herein to prohibit the operation of Medical Marijuana Centers, Optional Premises Cultivation
Operations, and Medical Marijuana-Infused Product Manufacturing within the City of Fort Collins
Corporate Limits or, if the within Initiated Ordinance is not adopted by the City Council in the form
presented herein, that the within Initiated Ordinance be referred in the form presented herein to the
registered electors of the municipality at a regular or special election to be scheduled as provided by
law.
If any provision or provisions of this initiated ordinance shall be held to be invalid, illegal,
unenforceable or in conflict with the law, the validity, legality and enforceability of the remaining
provisions shall not in any way be affected or impaired thereby.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FORT COLLINS, COLORADO:
Section 1. Pursuant to Article 43.3 of Title 12 of the Colorado Revised Statutes, the
City of Fort Collins hereby prohibits the operation of Medical Marijuana Centers, Optional Premises
Cultivation Operations and Medical Marijuana Infused Products Manufacturing, effective ten (10)
days following publication of the within Ordinance as provided in Section 4.9 (B) of the Home Rule
Charter of the City of Fort Collins. With respect to any such Centers, Operations, facilities or
businesses of any kind in operation upon such effective date, each and every such Center, Operation,
facility and business shall cease operations within ninety (90) days of said date.
Section 2. Should the City Council refer this Initiated Ordinance to the registered
electors of the City at a regular or special municipal election, this Initiated Ordinance shall take effect
immediately upon certification by the designated election official that a majority of registered electors
voted in favor of this Initiated Ordinance at such regular or special election. In such event, each and
every Medical Marijuana Centers, Optional Premises Cultivation Operations and Medical Marijuana
Infused Products Manufacturing in operation on such effective date shall cease operations within
ninety (90) days of the effective date specified in this Section 2.
Section 2. That the foregoing proposed citizen-initiated ordinance is hereby submitted
to the registered electors of the City at said regular municipal election in substantially the following
form:
PROPOSED CITIZEN-INITIATED ORDINANCE
An ordinance prohibiting medical marijuana centers, optional premises cultivation
operations, and medical marijuana infused products manufacturers from operating
within the City limits, effective ninety (90) days after the date that the City Clerk
certifies that a majority of registered electors in the City have voted in favor of this
ordinance.
FOR THE ORDINANCE _____
AGAINST THE ORDINANCE _____
Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 16th
day of August, A.D. 2011.
Mayor
ATTEST:
City Clerk