ORD 17-09 Urgency Measure Extending Prohibition Medical Marijuana DispensariesORDINANCE NO. 17-
09 AN URGENCY MEASURE OF THE CITY
COUNCIL OF THE CITY OF ORANGE EXTENDING
THE PROHIBITION ON THE OPERATION AND/
OR ESTABLISHMENT OF MEDICAL
MARIJUANA
DISPENSARIES.WHEREAS, Section 65858(a) of the California Government Code authorizes
the City Council to adopt, as an urgency measure, an interim ordinance prohibiting any
uses which may be in conflict with a contemplated zoning proposal which the City
Council,planning commission or planning department is studying to protect the public health,
safety and welfare;
and WHEREAS, on November 12, 2008, the City Council adopted interim
Ordinance No. 18-08, prohibiting the establishment and/or operation of medical
marijuana dispensaries,which ordinance was effective for 45
days; and WHEREAS, on December 9, 2008, the City Council adopted Ordinance
No. 19-08,an urgency measure, prohibiting the establishment and/or operation
of medical marijuana dispensaries, for an additional 10 months and
15 days; and WHEREAS, Ordinance No. 17-09 will extend the
prohibition on the establishment and/or operation of medical marijuana dispensaries for an
additional twelve months, as authorized pursuant to Government Code Section 65858(a),
after publishing notice and holding
a public hearing; and WHEREAS, notice of the hearing was published in
a newspaper of general circulation in accordance with Government
Code Section 65090; and WHEREAS, the City is contemplating changes to its zoning
code with regard to medical marijuana dispensaries and medical marijuana cooperatives, and is
in the process of
drafting such changes; and WHEREAS, since the adoption of the last extension of
the moratorium, cities that have medical marijuana dispensaries or cities that have
not adopted moratoriums on dispensaries have reported an increase in crime, such as
burglary, armed robbery, loitering,illegal drug sales, increased pedestrian and vehicular traffic and increased
noise in the areas immediately surrounding
medical marijuana dispensaries; and WHEREAS, recent media reports focusing on the City of
Lake Forrest, which has not adopted a moratorium on dispensaries, have recently reported problems
such as: a high concentration of medical marijuana dispensaries in a
given location; dispensaries located within 1000 feet of schools, playgrounds, and parks; burglaries; an arrest
of a person who claimed he purchased a large amount (98 grams) of marijuana from a
dispensary; and a drain on public resources caused by the filing of civil complaints against
35 people associated with 14 medical marijuana dispensaries
WHEREAS, based on the City's experience and the experience of other cities, such
as Lake Forrest, it is reasonable to conclude that similar negative effects on public health,
safety and welfare will occur in Orange due to the establishment and/or operation of medical
marijuana dispensaries; and
WHEREAS, other neighboring cities such as Buena Park, Fullerton, Garden Grove,
Huntington Beach, Mission Viejo, Placentia, Santa Ana and Tustin have adopted
moratoriums or complete bans on medical marijuana dispensaries, which are still in effect,
increasing the likelihood that without extending the moratorium those dispensaries may seek
to locate in Orange; and
WHEREAS, the City is continuing to review and analyze the California Attorney
General guidelines regarding medical marijuana cooperatives, as well as recent court
decisions further interpreting what is and isn't permitted under state law, including a recent
decision out of the Fourth District Court of Appeal which calls into question the legality of
the manner in which most medical marijuana dispensaries operate even under state law; and
WHEREAS, the City Council determines, by afour-fifths vote, that the extension
of this urgency ordinance is a matter of City-wide importance and necessary for
the immediate preservation and protection of the public health, safety or welfare of
the community.NOW THEREFORE, the City Council of the City of Orange hereby
ordains
as follows:
SECTION I:For the period of this extended ordinance, a medical marijuana dispensary
shall be considered a prohibited use in any zoning district of the City, even if located
within an otherwise permitted use, and neither the City Council nor City Staff shall approve
any use interpretation, permit, license, certificate of occupancy, zoning code or
general plan amendment allowing the operation and/or establishment of a medical
marijuana dispensary.
SECTION II:For purposes of this ordinance the following terms and phrases shall
be interpreted and construed as defined in
this section:Medical marijuana dispensary" is any facility, use or location where
marijuana is made available to and/or distributed by or to two or more individuals who fall into
one or more of the following categories: a qualified patient, a person with an identification
card, or a primary caregiver. Each of these terms is defined herein and shall be interpreted
in strict accordance with California Health and Safety Code Sections 11362.5and 11362.7 et
seq. as such sections may be amended from time
to
Qualified patient" is a person who is entitled to the protections of the California
Health and Safety Code Section 11362.5, but who does not have an identification card issued
by the State Department of Health Services.
Identification card" is a document issued by the State Department of Health Services
and/or County of Orange Health Care Agency which identifies the bearer as a person
authorized to engage in the medical use of marijuana and the bearer's designated primary
caregiver, if any.
Primary caregiver" is an individual, designated by a qualified patient or by a person
with an identification card, who has consistently assumed responsibility for the housing,
health or safety of that patient or person.
SECTION III:
Based on the facts recited above, the City Council finds that the operation and/or
establishment of medical marijuana dispensaries under current zoning laws are a current and
immediate threat to the public health, safety and welfare. This interim ordinance is
introduced, passed and adopted at one meeting and shall become effective immediately it
accordance with Section 65858 of the California Government Code.
SECTION IV:
The establishment and/or operation of a medical marijuana dispensary, as defin~;d
herein, shall constitute a violation of this ordinance and shall be punished as provided for in
Sections 1.08.010 and 1.08.020 of the Orange Municipal Code.
SECTION V:
If any section, subdivision, paragraph, sentence, clause or phrase of this Ordinance is
for any reason held to be invalid or unconstitutional, such decision shall not affect the
validity of the remaining portions of this Ordinance. The City Council hereby declares that it
would have passed this Ordinance, and each section, subdivision, paragraph, sentence, clause
and phrase thereof, irrespective of the fact that any one (or more) section, subdivision,
paragraph, sentence, clause or phrase had been declared invalid or unconstitutional. This
ordinance shall be interpreted in a manner consistent with state law.
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SECTION VI:
A summary of this ordinance shall be published once within fifteen (15) days after
this interim ordinance is passed, in a newspaper of general circulation, published and
circulated in the City of Orange. The City Clerk shall post in the Office of the City Clerk, a
certified copy of the full text of such adopted interim ordinance along with the names of
those City Council members voting for and against the interim ordinance in accordance with
Government Code 36933. This extension of the interim ordinance is effective immediately,
but shall be of no further force and effect 12 months from the date of its adoption.
ADOPTED this 22°d day of September 2009.
ATTEST:
Mary E. rp ,City Clerk, City o ange
I, MARY E. MURPHY, City Clerk of the City of Orange, California, do hereby
certify that the foregoing Ordinance was introduced at the regular meeting of the City
Council held on the 22°d day of September 2009, and was duly passed and adopted the same
day, by the following vote, to wit:
AYES:COUNCILMEMBERS:Smith, Murphy, Cavecche, Dumitru, Bilodeau
NOES:COUNCILMEMBERS:None
ABSENT:COUNCILMEMBERS:None
ABSTAIN:COUNCILMEMBERS:None
Mary E. rp ,City Clerk, Orange