HomeMy WebLinkAboutOrd 2475 - Moratorium on Medical Cannabis Collective Gardens or Dispensaries (Repealed by Ord 2479)City of'Tukwila
Washington
Cover page to Ordinance 2475
The full text of the ordinance follows this cover page.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, RENEWING A MORAT;RIUM WITHIN THE CITY OF
TUKWILA ON TIME E ' STABL,ISHMENT, OP
LOCATION, ERATION,
LICENSING, MAINTENANCE OR CONTINUATION OF M' EDICAL
CANNABIS COLLECTIVE GARDENS OR DISPENSARIES, ASSERTED
TO II E, AUTHORIZED OR ACTUALLY AUTHORIZED UN OER E2
SD73, CHAPTER 181, LAWS OF 2,011, CHAPTER 691.51A REVISED
CODE 0F'WAS HINDI GTON, OR ANY OTHER LAWS OF THE STATE OF
WASHINGTON; REPEALING ORDINANCE NO. 2439; PROVIOING
FOR SEVERABILITY; AND, ESTABLISHING AN EFFECTIVE DATE.
Ordinance 2475 was amended or repealed by the
following ordinances.
S ec t i o n (s)7Repealed Repealed by Ord
2479
Cl*ty of T
Washington
Ordinance No. 2475
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, RENEWING A MORATORIUM WITHIN THE CITY OF
TUKWILA ON THE ESTABLISHMENT, LOCATION, OPERATION,
LICENSING, MAINTENANCE OR CONTINUATION OF MEDICAL
CANNABIS COLLECTIVE GARDENS OR DISPENSARIES, ASSERTED
TO BE AUTHORIZED OR ACTUALLY AUTHORIZED UNDER E2SSB
5073, CHAPTER 181, LAWS OF 2011, CHAPTER 69.51A REVISED
CODE OF WASHINGTON, OR ANY OTHER LAWS OF THE STATE OF
WASHINGTON; REPEALING ORDINANCE NO. 2439; PROVIDING
FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the City of Tukwila has the authority to adopt a moratorium pursuant to
RCW 35A.63.220; and
WHEREAS, on August 15, 2011, the Tukwila City Council adopted Ordinance No.
2348, which declared an emergency necessitating the immediate imposition of a
moratorium on the establishment, location, operation, licensing, maintenance or
continuation of medical cannabis collective gardens or dispensaries, asserted to be
authorized under E2SSB 5073, Chapter 181, Laws of 2011, Chapter 69.51A Revised
Code of Washington, or any other laws of the State of Washington; and
WHEREAS, on October 3, 2011, the Tukwila City Council conducted a public
hearing and heard testimony regarding the City's moratorium, and following the public
hearing the City Council adopted Ordinance No. 2350, which adopted findings of fact to
justify the moratorium adopted by Ordinance No. 2348; and
WHEREAS, on August 6, 2012, the Tukwila City Council adopted Ordinance No.
2379, renewing the 12 -month moratorium on medical cannabis collective gardens or
dispensaries because it was believed that the Washington State Legislature would
address the subject during the 2012 Legislative Session; and
WHEREAS, on August 5, 2013, the Tukwila City Council adopted Ordinance No.
2404, renewing until May 31, 2014 the moratorium on medical cannabis collective
gardens or dispensaries because it was believed that the Washington State Legislature
would address the subject during the 2014 Legislative Session, and
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WHEREAS, on May 19, 2014, the Tukwila City Council adopted Ordinance No.
2439, renewing until May 19, 2015, the moratorium on medical cannabis collective
gardens or dispensaries because it was believed that the Washington State Legislature
would address the subject during the 2015 Legislative Session; and
WHEREAS, revisions to the medical marijuana rules have not been adopted so far
during the 2015 Legislative Session and no clarity regarding state and federal
regulations related to the licensing, establishment, maintenance, or continuation of any
medical cannabis collective garden is currently available; and
WHEREAS, since the enactment of Ordinance Nos. 2348 and 2379, and prior to
the enactment of Ordinance No. 2404, Initiative 502 was passed by the voters of the
State of Washington, providing a framework under which recreational marijuana
producers, processors, and retailers can become licensed by the State of Washington;
and
WHEREAS, no licenses have been issued by the State of Washington for
recreational marijuana producers, processors, or retailers to establish businesses in the
City of Tukwila and, therefore, any impact from those uses has not yet been
experienced; and
WHEREAS, the City has diligently pursued this issue and continues to develop a
work program to analyze potential changes to City zoning regulations that may be
necessary to address changes in state or federal law, but needs additional clarity from
the Washington State Legislature in order to develop a workable set of
recommendations for local land use controls for safe and effective regulation of
collective gardens in the community; and
WHEREAS, the moratorium adopted by Ordinance No. 2439 will expire before the
State has rectified the inconsistencies between recreational marijuana and medical
cannabis; and
WHEREAS, the City deems it in the public interest to renew the moratorium
continued by Ordinance No. 2439 for 6 months beyond the end of the State Legislative
Session in order to investigate this issue further, allow for the passage of State
regulations or lifting of Federal prohibitions, and then to adopt City regulations,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY ORDAINS AS FOLLOWS:
Section 1. Moratorium Renewed. The City hereby renews the moratorium
previously imposed on the establishment, location, operation, licensing, maintenance or
continuation of medical cannabis collective gardens or dispensaries, asserted to be
authorized under E2SSI3 5073, Chapter 181, Laws of 2011, Chapter 69.51A Revised
Code of Washington, or any other laws of the State of Washington.
Section 2. Public Hearing. Pursuant to RCW 35A.63.220 and following adequate
public notice, a public hearing was held on April 27, 2015, to hear testimony regarding
the City's moratorium.
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Section 3. Duration. The moratorium renewed herein shall be in effect until
October 31, 2015, unless extended by the City Council, pursuant to state law.
Section 4. Definitions. As used in this ordinance, the following terms have the
meanings set forth below:
A. "Medical marijuana dispensary" means any business, agency, organization,
cooperative, network, consultation operation, or other group or person, no matter how
described or defined, including its associated premises and equipment, which has for
its purpose or which is used to grow, select, measure, package, label, deliver, sell, or
otherwise transfer (for consideration or otherwise) marijuana for medical use. One
individual person who is the designated provider for only one qualified patient during
any 15 -day period, and who complies with Chapter 69.51A RCW, shall not be deemed
a medical marijuana dispensary for the purposes of this moratorium.
B. "Medical marijuana collective garden" means a group of qualifying patients that
share responsibility for acquiring and supplying the resources required to produce and
process marijuana for medical use. Examples of collective garden resources would
include, without limitation, the following: property used for a collective garden; or
equipment, supplies, and labor necessary to plant, grow and harvest marijuana;
marijuana plants, seeds, and cuttings; and equipment, supplies, and labor necessary
for proper construction, plumbing, wiring, and ventilation of a garden of marijuana
plants. A medical marijuana collective garden shall satisfy the above definition
regardless of its formation, ownership, management, or operation as a business,
agency, organization, cooperative, network, consultation operation, group, or person.
One individual person who is the designated provider for only one qualified patient
during any 15 -day period and who grows no more than 15 plants and otherwise
complies with Chapter 69.51A RCW, or an individual person who is a qualified patient
and who grows no more than 15 plants and otherwise complies with 69.51A RCW, shall
not be deemed a medical marijuana collective garden for the purposes of this
moratorium.
Section 5. No Non - conforming Uses. No use that constitutes or purports to be a
medical marijuana dispensary or medical marijuana collective garden as those terms
are defined in this ordinance, that was engaged in that activity prior to the enactment of
this ordinance shall be deemed to have been a legally established use under the
provisions of the Tukwila Municipal Code and that use shall not be entitled to claim
legal non - conforming status.
Section 6. Adoption of Findings of Fact. The City Council adopts the findings of
facts contained in Ordinance No. 2350, by this reference, as well as the "Whereas"
clauses contained herein.
Section 7. Work Program. The Director of Community Development and /or
his /her designee is hereby authorized and directed to address issues related to
determining the legality of medical marijuana dispensaries and collective gardens
including but not limited to review of the conflict between state and federal law
regarding the legality of zoning and licensing of medical marijuana uses under any
circumstances and notwithstanding the enactment by the legislature of RCW 69.51A.
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In the event that such uses are ultimately determined to be legal, the work program
should also develop appropriate land use regulations pursuant to the newly amended
law for review and recommendation for inclusion in the zoning regulations or other
provisions of the Tukwila Municipal Code. Further, beyond the extent established by
the Washington State Liquor Control Board, the work program should also coordinate
medical cannabis rules and regulations with the recreational marijuana rules and
regulations established under Initiative 502. The Finance Director and /or his /her
designee is hereby authorized and directed to develop appropriate business licensing
and other regulations pursuant to the newly amended law for review and
recommendation for inclusion in the zoning regulations or other provisions of the
Tukwila Municipal Code.
Section 8. Repealer. Ordinance No. 2439 is hereby repealed.
Section 9. Corrections by City Clerk or Code Reviser. Upon approval of the
City Attorney, the City Clerk and the code reviser are authorized to make necessary
corrections to this ordinance, including the correction of clerical errors; references to
other local, state or federal laws, codes, rules, or regulations; or ordinance numbering
and section /subsection numbering.
Section 10. Severability. If any section, subsection, paragraph, sentence, clause
or phrase of this ordinance or its application to any person or situation should be held to
be invalid or unconstitutional for any reason by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity or constitutionality of the
remaining portions of this ordinance or its application to any other person or situation.
Section 11. Effective Date. This ordinance or a summary thereof shall be
published in the official newspaper of the City, and shall take effect and be in full force
five days after passage and publication as provided by law.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON,
at a Regular Meeting thereof this * day of , 2015.
ATTEST /AUTHENTICATED:
�--
Chris y O'Fla rty, MMC, City Cler J' 29 or
Filed with the City Clerk:_
APPROVED AS TO FORM BY: Passed by the City Council:
Published:
Effective Date:
Rachel B. Turpin, City Attorney Ordinance Number:
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City of Tukwila Public Notice of Ordinance Adoption for Ordinances 2474 -2476.
On May 4, 2015 the City Council of the City of Tukwila, Washington, adopted the
following ordinances, the main points of which are summarized by title as follows:
Ordinance 2474: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, GRANTING A NON - EXCLUSIVE FRANCHISE TO ZAYO
GROUP, LLC, LEGALLY AUTHORIZED TO CONDUCT BUSINESS IN THE STATE OF
WASHINGTON, FOR THE PURPOSE OF CONSTRUCTING, OPERATING, AND
MAINTAINING A TELECOMMUNICATIONS SYSTEM IN CERTAIN PUBLIC RIGHTS -
OF -WAY IN THE CITY; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN
EFFECTIVE DATE.
Ordinance 2475: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, RENEWING A MORATORIUM WITHIN THE CITY OF
TUKWILA ON THE ESTABLISHMENT, LOCATION, OPERATION, LICENSING,
MAINTENANCE OR CONTINUATION OF MEDICAL CANNABIS COLLECTIVE
GARDENS OR DISPENSARIES, ASSERTED TO BE AUTHORIZED OR ACTUALLY
AUTHORIZED UNDER E2SSB 5073, CHAPTER 181, LAWS OF 2011, CHAPTER
69.51A REVISED CODE OF WASHINGTON, OR ANY OTHER LAWS OF THE STATE
OF WASHINGTON; REPEALING ORDINANCE NO. 2439; PROVIDING FOR
SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE.
Ordinance 2476: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, REPEALING ORDINANCE NO. 1850, AS CODIFIED AT
TUKWILA MUNICIPAL CODE CHAPTER 12.08; REENACTING TUKWILA MUNICIPAL
CODE CHAPTER 12.08 TO UPDATE PARK RULES AND REGULATIONS; PROVIDING
FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE.
The full text of these ordinances will be provided upon request.
Christy O'Flaherty, MMC, City Clerk
Published Seattle Times: May 7, 2015