HomeMy WebLinkAboutORD 5 (2005)ORDINANCE NO. 5 (2005)
AN INTERIM ORDINANCE OF THCITY OF DIAMOND BAR PURSUANT TO
GOVERNMENT CODE SE ION 65858 PROHIBITING THE
ESTABLISHMENT OF MEDIC L MARIJUANA DISPENSARIES AND
DECLARING THE URGENCY THE EOF.
The City Council of the City of Diamond Bar does hereby ordain as follows:
SECTION 1. Purpose and findings. Currently medical marijuana dispensaries are not a
permitted use in any zoning district under I he City's zoning ordinance. In other cities, issues
and concerns have occurred related to thE establishment of medical marijuana dispensaries
in close proximity to residentially zoned properties and sensitive uses such as day care
centers and schools. Furthermore, other cities indicate an increase in loitering around the
dispensaries, armed burglary within dispensaries, pedestrian and vehicle traffic, noise and
parking and traffic violations. The City has received one inquiry about the establishment of a
dispensary in the City. As a result, City staff believes that it is necessary to formulate
regulations, consistent with State law, governing the location and operation of medical
marijuana dispensaries in order to protect residents and businesses from harmful secondary
effects of these establishments. Due to he recent proliferation of such establishments in
other cities and because time will be required to prepare and adopt regulations regarding the
operation of such facilities, this Ordinance is intended to place an interim moratorium on the
establishment of any medical marijuana di pensaries as of the date of adoption hereof, until
new regulations are prepared and adopted by the City Council.
SECTION 2. Moratorium establis
establishment of medical marijuana dispel
of the Diamond Bar Municipal Code to the
established in the City, whether or not a p
no application for a permit of any kind
processed or considered during the pende
establishment of a medical marijuana di
established herein applies to any site, fa
distributes, dispenses, stores, sells, exchar
marijuana for medical purposes to qualifies
caregivers, or physicians, pursuant to He
Proposition 215, the "Compassionate Use
furtherance thereof.
SECTION 3. Definitions. For F
dispensary" means a facility where mar!
accordance with Health & Safety Code
the same meaning as the definition of that
led. A moratorium is hereby established on the
,aries in the City. Notwithstanding any provision
:)ntrary, no medical marijuana dispensary shall be
rmit of any kind is required from the City; further,
(including a building permit) will be accepted,
icy of this ordinance or any extension thereof for
pensary. This Ordinance and the moratorium
ility, location, use, cooperative or business that
les, processes, delivers, gives,away, or cultivates
patients, health care providers, patients' primary
Ith & Safety Code Section 11362.5 (adopted as
kct of 1996") or any State regulations adopted in
yes of this Ordinance, a "medical marijuana
i is made available for medical purposes in
n 11362.5. The word "marijuana" shall have
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 4 fine not to exceed $1,000 or by imprisonment in
County jail for not to exceed six (6) montt
and every day such a violation exists shall
Ordinance. In addition to the foregoing,
public nuisance and shall be subject to abz
law.
SECTION 5. Severability. If any r
to any person or circumstance is held inv+
application of such part of provision to otl'
and shall continue in full force and effect.
severable.
SECTION 6. Urgency. Based on t
proliferation of medical marijuana dispensz
establishments within the City of Dian
dispensaries poses a current and imme6
This Ordinance is necessary to alleviate
regulations can be established. This ordin
Code Section 65858 and shall take effect
the City Council. This ordinance shall be
days from the date of its adoption unless e
provisions of California Government Code
SECTION 7. Conflicting Laws.
thereof, the provisions of this Ordinance
other City code, ordinance, resolution or I
PASSED, APPROVED AND ADOPTED
^nUNCIL OF THE CITY OF DIAMOND E
Wen P. C
or by both such fine and imprisonment. Each
institute a separate and distinct violation of this
I violation of this Ordinance shall constitute a
Tent as provided by all applicable provisions of
rt or provision of this Ordinance or the application
d, the remainder of this Ordinance, including the
persons or circumstances, shall not be affected
To this end, the provisions of this Ordinance are
findings set forth in Section t hereof, the recent
as in other cities and interest in opening of such
id Bar and the secondary effects of those
threat to the public health, safety and welfare.
nd address that threat until permanent zoning
ce is adopted pursuant to California Government
imediately upon adoption by a four-fifths vote of
full force and effect for a period of forty-five (45)
anded by the City Council in accordance with the
action 65858.
the term of this Ordinance, or any extension
I govern over any conflicting provisions of any
IS 5TH DAY OF APRIL, 2005, BY THE CITY
1, Linda C. Lowry, City 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 finally passed at a regular meeting of the City
Council of the City of Diamond Bar held on the 5th day of Apri{, 2005 by the following vote:
AYES: Council Members: Herrera.. YLP /0 ° Connor T m/Chanq
NOES: Council Members: None
ABSENT: Council Members: -iie
ABSTAIN: Council Members:e
Linda C. Lowry, Ci , G erk,
City of Diamond Bar
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