HomeMy WebLinkAbout2011-070-08/16/2011-SUBMITTING A CITIZEN-INITIATED ORDINANCE TO PROHIBIT THE OPERATION OF MEDICAL MARIJUANA CENTERS, OPT 1
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 ofthe 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 ofthe 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 ofmarijuana 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 duringthe 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 Mariivana 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 I to 13 of Title
I, 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
-2-
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:
-3-
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.
w
ayor
ATTEST: FORT
•V: •`�Z
City Clerk AL :
COL ORA00
-4-