HomeMy WebLinkAboutORD 05 (2005)ORDINANCE NO. 05 (2005)
AN INTERIM ORDINANCE OFT E CITY OF DIAMOND BAR PURSUANT TO
GOVERNMENT CODE SECTION 65858 PROHIBITING THE ESTABLISHMENT
OF MEDICAL MARIJUANA DISPENSARIES AND DECLARING THE URGENCY
THEREOF.
The City Council of the City of Diamond
SECTION 1. Purpose and findini
permitted use in any zoning district under
concerns have occurred related to the esi
proximity to residentially zoned properti(
schools. Furthermore, other cities indicat(
burglary within dispensaries, pedestrian ai
The City has received one inquiry about tl-
City staff believes that it is necessary
governing the location and operation of
residents and businesses from harmful s
recent proliferation of such establishmen
prepare and adopt regulations regarding tl
to place an interim moratorium on the esta
the date of adoption hereof, until new regi
SECTION 2. Moratorium estab
establishment of medical marijuanadispei
Diamond Bar Municipal Code to the c
established in the City, whether or not a F
application for a permit of any kind (inclu
considered during the pendency of this or(
medical marijuana dispensary. This Ordin
any site, facility, location, use, cooperativ(
exchanges, processes, delivers, gives w
qualified patients, health care providers, p
Health & Safety Code Section 11362.5 (ad
of 1996") or any State regulations adoptee
does hereby ordain as follows:
s. Currently medical marijuana dispensaries are not a
he City's zoning ordinance. In other cities, issues and
iblishment of medical marijuana dispensaries in close
s and sensitive uses such as day care centers and
an increase in loitering around the dispensaries, armed
d vehicle traffic, noise and parking and traffic violations.
establishment of a dispensary in the City. As a result,
o formulate regulations, consistent with State law,
medical marijuana dispensaries in order to protect
!condary effects of these establishments. Due to the
s in other cities and because time will be required to
e operation of such facilities, this Ordinance is intended
Ashment of any medical marijuana dispensaries as of
lations are prepared and adopted by the City Council.
ished. A moratorium is hereby established on the
isaries in the City. Notwithstanding any provision of the
)ntrary, no medical marijuana dispensary shall be
ermit of any kind is required from the City; further, no
ling a building permit) will be accepted, processed or
inance or any extension thereof for establishment of a
ante and the moratorium established herein applies to
or business that distributes, dispenses, stores, sells,
ray, or cultivates marijuana for medical purposes to
atients' primary caregivers, or physicians, pursuant to
opted as Proposition 215, the "Compassionate Use Act
I in furtherance thereof.
SECTION 3. Definitions. For purposes of this Ordinance, a "medical marijuana
dispensary" means a facility where marijuana is made available for medical purposes in
accordance with Health & Safety Code Section 11362.5. The word "marijuana" shall have the
same meaning as the definition of that word in Health & Safety Code Section 11018.
SECTION 4. Penalties. Violation of any provision of this Ordinance shall constitute a
misdemeanor and shall be punishable by a fine not to exceed $1,000 or by imprisonment in
County jail for not to exceed six (6) months, or by both such fine and imprisonment. Each and
every day such a violation exists shall constitute a separate and distinct violation of this
Ordinance. In addition to the foregoing, any violation of this Ordinance shall constitute a public
nuisance and shall be subject to abatem�nt as provided by all applicable provisions of law
SECTION 5. Severability. If any part or provision of this Ordinance or the application to
any person or circumstance is held invalid, the remainder of this Ordinance, including the
application of such part of provision to other persons or circumstances, shall not be affected and
shall continue in full force and effect. Tot is end, the provisions of this Ordinance are severable.
SECTION 6. Urgency. Based or
proliferation of medical marijuana dispen
establishments within the City of Diamonc
poses a current and immediate threat to tr
necessary to alleviate and address tha
established. This ordinance is adopted pt
and shall take effect immediately upon a(
ordinance shall be in full force and effect
adoption unless extended by the City Cc
Government Code Section 65858.
the findings set forth in Section 1 hereof, the recent
3aries in other cities and interest in opening of such
Bar and the secondary effects of those dispensaries
e public health, safety and welfare. This Ordinance is
threat until permanent zoning regulations can be
rsuant to California Government Code Section 65858
loption by a four-fifths vote of the City Council. This
:or a period of forty-five (45) days from the date of its
uncil in accordance with the provisions of California
SECTION 7. Conflicting Laws. F r the term of this Ordinance, or any extension thereof,
the provisions of this Ordinance shall ga ern over any conflicting provisions of any other City
code, ordinance, resolution or policy.
PASSED, APPROVED AND ADOPTED THIS 15TH DAY OF MARCH, 2005, BY THE CITY
COUNCIL OF THE CITY OF DIAMOND BAR.
Wen P.
I, Linda C. Low rj , ity Clerk of the City of Diamond Bar do hereby certify that the foregoing
Ordinance was introduced at a regular meeting of the City Council of the City of Diamond Bar held
on the 15th day of March, 2005 and was fir ally passed at a regular meeting of the City Council of
the City of Diamond Bar held on the 15th ay of March, 2005 by the following vote:
AYES: Council Members
NOES: Council Members:
ABSENT: Council Members:
ABSTAIN: Council Members:
bes , IN PT/O ° Connor, YI/Chang
cera
i
Linda C. Lowryity Clerk,
City of Diamond Bar