HomeMy WebLinkAboutORD 04 (2006)ORDINANCE NO. 04(2006)
AN ORDINANCE OF THE CITY OF DIAMOND BAR
GOVERNING THE OPERATION OF MEDICAL
MARIJUANA DISPENSARIES AND DECLARING
THE URGENCY THEREOF.
THE CITY COUNCIL OF THE CITY OF DIAMOND BAR DOES HEREBY
ORDAIN AS FOLLOWS:
SECTION 1. Purpose. Standards are required to assure that the
operations of medical marijuana dispensaries are in compliance with California
Health & Safety Code Section 11362.5 (adopted as Proposition 215, the
"Compassionate Use Act of 1996") or any State regulations adopted in
furtherance thereof, and to mitigate the adverse secondary effects from
operations of dispensaries. The City Council finds that the numerical limits on
medical marijuana dispensaries provided by this Ordinance are necessitated by
the small size of the City and the proximity of these uses to residential zones,
schools, places of worship and parks; and further, that the limit is reasonable and
not an obstacle to the implementation of Proposition 215. This Ordinance is
enacted as a health and safety measure pursuant to the City's police powers as
prescribed in Art. XI, Sec. 7 of the California Constitution. Nothing contained in
this Ordinance shall excuse, facilitate or promote a violation of federal law.
SECTION 2. Title 8 of the Diamond Bar Municipal Code is amended by
adding thereto a new Chapter 8.26 to read as follows:
Chapter 8.26. Medical Marijuana Dispensaries
8.26.010. Scope of Chapter.
The operating standards established in this Chapter apply to any site,
facility, location, use, cooperative or business currently operating in the City of
Diamond Bar that distributes, dispenses, stores, sells, exchanges, processes,
delivers, gives away, or cultivates marijuana for medical purposes to qualified
patients, health care providers, patients' primary caregivers, or physicians,
pursuant to Health & Safety Code Section 11362.5 (adopted as Proposition 215,
the "Compassionate Use Act of 1996") or any State regulations adopted in
furtherance thereof. Any dispensary in the City of Diamond Bar shall operate in
conformance with the operating standards set forth in Section 8.26.020 to assure
that the operations of the dispensary is in compliance with California law and to
mitigate the adverse secondary effects from operations of dispensaries.
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8.26.020. Operating Standards.
a. At all times the dispensary is open for business, a dispensary shall
provide at least one security guard who is licensed and possesses a
valid Department of Consumer Affairs "Security Guard Card" at all
times. Security guards shall not possess firearms.
b. The security guard and dispensary personnel shall monitor the site and
the immediate vicinity of the site to assure that patrons immediately
leave the site and not consume medical marijuana in the vicinity of the
dispensary or on the property or in the parking lot.
c. Signage shall be limited to one wall sign not to exceed 10 square feet
in area and not be externally or internally illuminated or visible from a
freeway.
d. No recommendations from a doctor for medical marijuana shall be
issued on-site.
e. There shall be no on-site sales of alcohol, tobacco, pipes, papers,
waterpipes, vaporizers or other paraphernalia, and no on-site
consumption of food, alcohol, tobacco or marijuana by patrons.
f. Hours of operation shall be limited to: Monday - Saturday 10a.m.-
7p.m. and Sunday noon - 5p.m.
g. A dispensary shall only dispense medical marijuana to qualified
patients and their caregivers as defined by California Health and
Safety Code Section 11362.5 (Proposition 215). This shall include
possession of an original valid doctor's recommendation, not more
than one year old, for medical marijuana use by the patient.
h. A dispensary shall notify patrons of the following both verbally and
through posting of a sign in a conspicuous location:
1. Use of medical marijuana shall be limited to the patient identified on
the doctor's recommendation. Secondary sale, barter or distribution
of medical marijuana is a crime and can lead to arrest.
2. That loitering on and around the dispensary site is prohibited by
California Penal Code section 647(e) and that patrons must
immediately leave the site and not consume medical marijuana in
the vicinity of the dispensary or on the property or in the parking lot.
3. Forgery of medical documents is a felony crime.
4. A warning that patrons may be subject to prosecution under federal
marijuana laws.
5. That the use of medical marijuana may impair a person's ability to
drive a motor vehicle or operate machinery.
L A dispensary shall not provide marijuana to any individual in an
amount not consistent with personal medical use.
j. A dispensary shall not store more than $200 in cash reserves
overnight on the premises and shall make at least one daily bank drop
that includes all cash collected on that business day.
k. Any patient under 18 years of age shall be accompanied by a parent or
legal guardian.
I. A dispensary shall provide the name and phone number of an on-site
community relations staff person to the Sheriffs Department for
notification if there are operational problems with the establishment.
m. Each dispensary operator(s) shall complete a criminal background
check.
n. Marijuana shall not be grown at dispensary sites, except that cuttings
of the marijuana plant may be kept or maintained on-site for
distribution to qualified patients and primary caregivers as follows:
1. The cuttings shall not be utilized by a dispensary as a source for the
provision of marijuana for consumption on-site, however, upon
provision to a qualified patient or primary caregiver, that person
may use the cuttings to cultivate marijuana plants off-site for their
own use and they may also return marijuana from the resulting
mature plant for distribution by the dispensary.
2. For the purposes of this paragraph, the term "cutting" shall mean a
rootless piece cut from a marijuana plant, which is no more than six
inches in length, and which can be used to grow another plant in a
different location.
o. A dispensary shall comply with applicable provisions of the California
Health and Safety Code section 11362.5 through section 11362.83,
inclusive.
p. if food is distributed, the dispensary shall comply which all relevant
State laws and City ordinances pertaining to the preparation,
distribution and sale of food.
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8.26.030. Numerical Limit on Dispensaries.
No more than one (1) medical marijuana dispensary shall be permitted to
operate in the City at any time.
SECTION 3. Applicability. Any dispensary established prior to the
effective date of this Ordinance shall be brought into full compliance with the
provisions of Section 8.26.020 within sixty (60) days of the effective date of this
Ordinance.
SECTION 4. 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. To this end, the provisions of this Ordinance are severable.
SECTION 5. Purpose and findings; Urgency. Medical marijuana
dispensaries have been established in cities throughout the State in increasing
numbers. Information received from other communities report loitering around
dispensaries, incidents of armed burglary within a dispensary, parking and traffic
violations, and increased complaints from neighbors about increased pedestrian
and vehicular traffic and noise. The City Council believes that it is necessary to
enact regulations, consistent with State law, governing the operation of medical
marijuana dispensaries in order to protect residents and businesses from harmful
secondary effects of these establishments and to assure compliance with
Proposition 215 and its implementing statutes and regulations. Based on the
foregoing, the recent proliferation of medical marijuana dispensaries in the State
and the secondary effects of those dispensaries pose a current and immediate
threat to the public health, safety and welfare. This Ordinance is necessary to
alleviate and address that threat. This ordinance is adopted pursuant to
California Government Code Section 36937 and shall take effect immediately
upon adoption by a four-fifths vote of the City Council.
SECTION 6. Conflicting Laws. In the absence of this Ordinance,
establishment of a medical marijuana dispensary would be prohibited under the
zoning laws of the City. However, for the term of this Ordinance, the provisions
of this Ordinance shall govern over any conflicting provisions of any other City
code, ordinance, resolution or policy. The provisions of this Ordinance shall be
void and of no effect upon a final ruling of a court of competent jurisdiction
declaring Proposition 215 to be invalid.
SECTION 7. Conflicting Federal Law. The provisions of this Ordinance
shall not be construed to protect dispensary owners, operators, and employees,
or their patrons from prosecution pursuant to any laws that may prohibit the
cultivation, sale, use, or possession of controlled substances. Moreover,
cultivation, sale, possession, distribution, and use of marijuana remain violations
of federal law as of the date of adoption of this Ordinance and this Ordinance is
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not intended to, nor does it, protect any of the above described persons from
arrest or prosecution under those federal laws. Owners and operators assume
any and all risk and any and all liability that may arise or result under state and
federal criminal laws from operation of a medical marijuana dispensary.
PASSED, APPROVED AND ADOPTED this 18�h day of April, 2006.
Carol Herrera, Mayor
I, Tommye A. Cribbins, City Clerk of the City of Diamond Bar, California do
hereby certify that the foregoing Ordinance was Passed, Approved and
Adopted at a Regular meeting of the City Council of the City of Diamond Bar
held on the i 8th day of ., 2006, by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS
ABSENT: COUNCIL MEMBERS
ABSTAINED: COUNCIL MEMBERS
Chang, Tanaka, Tye,
MPT/Zirbes, M/Herrera
None
None
Norge
Tommye Cribbins, City Clerk
City of Diamond Bar