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HomeMy WebLinkAbout009 - 02/21/2012 - REPEALING AND REENACTING CHAPTER 15, DIVISION 1, ARTICLE XVI OF THE CITY CODE RELATING TO MEDICAL MA ORDINANCE NO. 009, 2012 OF THE COUNCIL OF THE CITY OF FORT COLLINS REPEALING AND REENACTING CHAPTER 15, DIVISION 1, ARTICLE XVI OF THE CODE OF THE CITY OF FORT COLLINS RELATING TO MEDICAL MARIJUANA WHEREAS,in 2010 and 2011,the City Council adopted a series of ordinances adopting and revising a comprehensive system for licensing and regulating medical marijuana businesses in the City; and WHEREAS,a majority of the registered electors of the City that cast votes in the November 1, 2011 City election approved a citizen-initiated ordinance banning medical marijuana businesses in the City limits, with the ban to take effect 90 days after the date of certification of the results of the election; and WHEREAS,on November 16,2011,the results of the City's special election were certified, which,under the citizen initiated ordinance, set the date by which all medical marijuana businesses must cease operation within the City as February 14, 2012, at midnight; and WHEREAS,Article II, Section 9 of the City Charter requires that all permanent ordinances of the City be codified; and WHEREAS, accordingly, staff has recommended that Chapter 15, Division 1,Article XVI of the Code be repealed and reenacted consistent with the wishes of the registered electors. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That Sections 15-450 through 15-493 of Article XVI,Division 1 of the Code of the City of Fort Collins are hereby repealed and the following sections reenacted to read as follows: ARTICLE XVI. MEDICAL MARIJUANA DIVISION 1. IN GENERAL Sec. 15-450. Title; purpose. (a) This Division shall be known and cited as the "Fort Collins Medical Marijuana Ordinance." (b) The provisions of this Division have been enacted by the City Council for the purpose of implementing and codifying that certain citizen-initiated ordinance adopted by the registered electors of the city as Question 300 at the November 1, 2011, special election. Sec. 15-451. Medical marijuana businesses prohibited. As of 12:01 am on February 15, 2012, no person shall operate a medical marijuana business in the city.For the purposes of this provision,medical marijuana business shall mean a medical marijuana center, optional premises cultivation operation, or medical marijuana-infused products manufacturer as defined in the Colorado Medical Marijuana Code. Sec. 15-452. Violations and penalties. Any person who violates any of the provisions of this Division shall be guilty of a misdemeanor punishable in accordance with § 1-15. Secs. 15-453 - 15-499. Reserved. Introduced, considered favorably on first reading, and ordered published this 7th day of February,A.D. 2012., and to be presented for final passage on the 21 st day of February,A.D. 2012. woe foRT yor ATTEST: �L gN °nLORaoo City Clerk Passed and adopted on final reading on the 21st day of February, A.D. 2012. M yor �OF FORTCO`l ATTEST: �; p� •:� G. AL .N City Clerk