HomeMy WebLinkAboutReg 2011-10-03 Item 7B - Ordinance - 12-Month Moratorium on Medical Cannabis Collective Garden or DispensaryCOUNCIL AGENDA SYNOPSIS
ITEM NO.
Meeting Date Prepared by 1Vlayo 'r re
'n
Council review
08/15/11 JP 6.
10/03/11 JP �f ,�°5'
7' B.
ITEM INFORMATION
CAS NUMBER: 11-081 STAF SPONSOR: JACK PACE ORIGINtU,AGIiNl)i\ DA1'1 8/15/11
AGr&;NDA ITI IM TiT1i —i Public Hearing and adoption of findings of fact on moratorium on medical cannabis
collective gardens and dispensaries
C vl'I .GC )RY Dir6GlJJ7017 Motion Resolution Ordinance .Bid Award .Public.Heariizg Other
lltg Dale 8115111 All Dale MIg Date nliSDa1e8115& t11t� Date Mtg Date 10/3/11 All Date
10/i
SPONSOR Council Alayor HR ®DCD Finance .Fire IT P &R Police PUI
SPONSOR'S Recent amendments to RCW 69.51A, the medical marijuana law, now allow "collective
SUMNIIARY gardens However portions of the law were vetoed by the Governor and possession and
distribution of cannabis remain a violation of federal law. Given the contradictory legal
framework and the lack of clarity in RCW 69.51A the City needs additional time to study
the issue and analyze the impacts. The Council is being asked to hold a public hearing on
the emergency ordinance, per state law, on 10/3/11 and adopt the findings of fact.
RI,vIi;\vlr,u I1Y cowMtg. CA &P Cmte 1~ &S Cmte Transportation Cmte
Utilities Cmte Arts Comm. Parks Comm. Planning Comm.
DATE: N/A COMMITTEE CHAIR:
RECOMMENDATIONS:
SPONSOR /ADN Department of Community Development
CO \4I\,II'I ""'T" None emergency action
COST IMPACT FUND SOURCE
EPIr,NDI'1'URIf. RI?c )UIRIi,D AMOUNT BUDGETED APPROPRIATION REQUIRED
$0
Fund Source:
C'onmzents: No direct expenses are expected, work plan will be performed with existing staff
MTG. DATE 1 RECORD OF COUNCIL ACTION
8/15/11 I Passed Ordinance 2348 enacting a 12 month moratorium
10/3/11
MTG. DATE I ATTACHMENTS
8/15/11 Informational Memorandum dated 8/8/11
Moratorium Ordinance
WCIA Risk Management Bulletin
10/3/11 Informational Memorandum dated 9/28/11
Draft Ordinance
Ordinance #2348, adopting moratorium
23
24
City of Tukwila
Jim Haggerton, Mayor
INFORMATIONAL MEMORANDUM
TO: Mayor Haggerton
Tukwila City Council
FROM: Jack Pace, Community Development Director
DATE: September 28, 2011
SUBJECT: Moratorium on Medical Cannabis Collective Gardens and Dispensaries
ISSUE
The City Council is required to conduct a public hearing for the emergency moratorium on
medical cannabis collective gardens and dispensaries that was adopted on August 15 under
Ordinance 2348.
BACKGROUND
On August 15 the City Council adopted Ordinance 2348 which established an emergency 12
month moratorium on the establishment, location, operation, licensing, maintenance or
continuation of medical cannabis collective gardens or dispensaries. This was needed due to
the confusion and uncertainty created by recent amendments to RCW 69.51 A. Under State Law
the City is required to conduct a public hearing within 60 days of adoption of the emergency
moratorium.
The voters of Washington State passed initiative Measure No. 692 on November 30, 1998
allowing for the medical use of marijuana (cannabis). This has been codified as RCW Ch.
69.51A and created a limited defense to charges under state, not federal, law if the person
charged can demonstrate that he or she was a qualifying patient or designated provider. In
2007, the state legislature amended the law, and again in 2011, the state legislature passed a
third amendment to the law, portions of which the Governor vetoed. The newly amended law
took effect on July 22, 2011.
These recent amendments to RCW 69.51A change the scope and effect of the law affecting the
rights of qualifying patients and their designated providers. The law now allows "collective
gardens" that provide for growing and cultivating up to 45 plants to serve no more than 10
qualifying patients. The new law, however, clearly delegates to cities the authority to implement
zoning requirements, business licensing requirements, health and safety requirements, and
business taxes as those requirements and taxes relate to the production, processing, or
dispensing of medical marijuana. In particular, local regulations could address ambiguities
concerning the location and operation of collective gardens, and ensure that provisions related
to designated providers are not used to establish a de facto dispensary when the authority for
such uses was vetoed.
Despite this legislation the possession or distribution of cannabis has been and continues to be
a violation of state law pursuant to RCW 69.50 (Washington's Uniform Controlled Substances
Act), and federal law, through the Controlled Substances Act "CSX). Washington's two U.S.
Attorneys state that marijuana is a Schedule I controlled substance under federal law and, as
such, "growing, distributing and possessing marijuana in any capacity, other than as part of a
federally authorized research program, is a violation of federal law regardless of state laws
25
INFORMATIONAL MEMO
Page 2
permitting such activities." These U.S. Attorneys also concluded, "state employees who
conducted activities mandated by the Washington legislative proposals would not be immune
from liability under the CSA."
DISCUSSION
WCIA has issued an update to its earlier risk management bulletin emphasizing the need for
cities to proceed cautiously in this uncharted area. Given the contradictory legal framework and
the lack of clarity in RCW 69.51A the City of Tukwila needs additional time to study the issue
and analyze the impacts of allowing these uses and facilities in residential zones as well as
impacts arising from the proximity of these uses and facilities to schools, daycares, parks,
religious and cultural facilities, jails and courthouses.
Work Plan over the next 10 months:
Clarify Legal Issues:
Community Development and other City departments will work to determine the
legality of medical marijuana dispensaries, production facilities, and processing
facilities
The City Attorney will review the pending dispute between state and federal law
enforcement authorities regarding the legality of medical marijuana under any
circumstances and notwithstanding the enactment by the Legislature of RCW
69.51 A
The City will consult with WCIA to develop a legally sound approach to the issue
If such uses are determined to be legal:
Appropriate City Departments will conduct public outreach to inform citizens about
the issue
DCD will develop draft land use regulations pursuant to the newly amended law for
review and recommendation
The Finance Department will develop appropriate business licensing and other
regulations pursuant to the newly amended law for review and recommendation
Conduct the appropriate legislative review process for the proposed changes
RECOMMENDATION
The Council is being asked to approve the attached ordinance at the October 3, 2011 Regular
Meeting after conducting the required public hearing. The ordinance establishes findings of fact
for the adopted moratorium.
ATTACHMENT
Draft Ordinance
Ordinance #2348, adopting moratorium
WA2011 Info MemoslGardenMortlnfoMemo.doc
26
City of TUkwfl�a
Washington
Ordinance No.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, RELATING TO 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; ADOPTING FINDINGS TO FACT TO JUSTIFY THE
MORATORIUM ADOPTED BY ORDINANCE NO. 2348; PROVIDING
FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, on August 15, 2011, the Tukwila City Council passed 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, pursuant to RCW 35.63.200, RCW 35A.63.220 and RCW 36.70A, the
City is required to hold a public hearing within 60 days of adoption of a moratorium and
to adopt Findings of Fact;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY ORDAINS AS FOLLOWS:
Section 1. Adoption of Findings of Fact. The City Council adopts the following
Findings of Fact in support of the moratorium adopted by Ordinance No. 2348:
1. The possession or distribution of cannabis (marijuana) has been and
continues to be a violation of state law, pursuant to Chapter 69.50 Revised Code of
Washington (Washington's Uniform Controlled Substances Act), and federal law,
through the Controlled Substances Act "CSA"
W: Word Processing \Ordinances \Medical Cannabis Findings of Fact 9 -27 -11
NG:bjs Page 1 of 4
27
2. Initiative Measure No. 692, approved by the voters of Washington State on
November 30, 1998, and now codified as Chapter 69.51A RCW, created a limited
defense to marijuana charges under state —not federal —law if the person charged
could demonstrate that he or she was a qualifying patient or designated provider as
those terms are defined in Chapter 69.51A RCW. In 2007, the state legislature
amended the law, and in 2011 the state legislature passed a third amendment to the
law (E2SSB 5073, Chapter 181, Laws of 2011), portions of which the Governor vetoed.
The newly amended law took effect on July 22, 2011.
3. Prior to issuing her partial veto, the Governor received a letter signed by
Washington State's two U.S. Attorneys, Michael Ormsby and Jennifer Durkan. In their
letter, they wrote that marijuana is a Schedule I controlled substance under federal law
and, as such, "growing, distributing and possessing marijuana in any capacity, other
than as part of a federally authorized research program, is a violation of federal law
regardless of state laws permitting such activities." These U.S. Attorneys also
concluded, "state employees who conducted activities mandated by the Washington
legislative proposals would not be immune from liability under the CSX.
4. Because the Governor vetoed 36 of the 58 sections of the Legislature's bill
amending Chapter 69.51A RCW, the law, in its final form, understandably has
inconsistencies and ambiguities. For example, certain sections that were not vetoed
make reference to other sections that were vetoed.
5. The recent amendments to Chapter 69.51A RCW change the scope and
effect of the law. New sections affect the rights of qualifying patients and their
designated providers. The law now allows "collective gardens" that provide for growing
and cultivating up to 45 plants to serve no more than 10 qualifying patients. The law
also provides other changes to the rights and responsibilities of medical marijuana
patients and their designated providers.
6. The new law, however, clearly delegates to cities the authority to
implement zoning requirements, business licensing requirements, health and safety
requirements, and business taxes as those requirements and taxes relate to the
production, processing, or dispensing of medical marijuana. In particular, local
regulations could address ambiguities concerning the location and operation of
collective gardens, and ensure that provisions related to designated providers are not
used to establish a de facto dispensary when the authority for such uses was vetoed.
7. The City Council requires time to conduct appropriate research to
understand the extent of the changes provided in the new law, to analyze impacts and
potential liabilities under federal law, and to determine an appropriate regulatory
framework for any new uses that are allowed under these laws.
8. The City must ensure that proposed locations for these operations are
appropriate and that any potential secondary impacts arising from the operation of these
uses or facilities are minimized and mitigated. These secondary impacts may include,
W: Word Processing \Ordinances \Medical Cannabis Findings of Fact 9 -27 -11
28 NG:bjs Page 2 of 4
but are not limited to, burglaries associated with the cash and marijuana maintained on
the site, or an increase of other illegal activities, such as drug use, within the vicinity of
these dispensaries.
9. In particular, and without limitation, staff should analyze the impacts of
allowing these uses and facilities in residential zones as well as impacts arising from the
proximity of these uses and facilities to schools, daycares, parks, religious and cultural
facilities, jails and courthouses. Accordingly, the City Council finds that a zoning,
licensing, and permitting moratorium should be established, pending local review of
appropriate locations and design requirements of these operations, and impacts of the
newly amended law and its interaction with federal law.
10. City staff has presented a staff report to the City Council that outlines a
tentative schedule for examining the impacts associated with collective gardens and
dispensaries. Given the complexity of examining the issues associated with collective
gardens and dispensaries, the City will need at least one year to complete an in -depth
analysis and to complete a public outreach program.
11. The City Council, following public notice, conducted a public hearing
regarding the moratorium on October 3, 2011.
12. Although the City Council determines that a moratorium is necessary for
the reasons established above, the City Council emphasizes that it understands the
needs of persons suffering from debilitating or terminal conditions, as well as the
benefits that approved medical use of marijuana may provide these persons.
Nevertheless, given the complex legal and regulatory framework surrounding this issue,
a moratorium remains necessary until the City Council can adequately address the
competing interests at play.
13. The City Council has considered the foregoing facts, materials and
testimony.
Section 2. 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 3. 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.
W: Word Processing \Ordinances \Medical Cannabis Findings of Fact 9 -27 -11
NG:bjs Page 3 of 4
29
Section 4. 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 1 2011.
ATTEST /A UTH E NTI CATE D:
Christy O'Flaherty, CMC, City Clerk
APPROVED AS TO FORM BY:
Shelley M. Kerslake, City Attorney
Jim Haggerton, Mayor
Filed with the City Clerk:
Passed by the City Council:
Published:
Effective Date:
Ordinance Number:
W: Word Processing \Ordinances \Medical Cannabis Findings of Fact 9 -27 -11
30 NG:bjs Page 4 of 4
C ity of u la
Washington
Ordinance No. ;�3
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, ADOPTING A 12 -MONTH 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; SETTING A DATE FOR A PUBLIC HEARING ON THE
MORATORIUM; PROVIDING FOR SEVERABILITY; AND DECLARING AN
EMERGENCY AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the possession or distribution of cannabis (marijuana) has been and
continues to be a violation of state law pursuant to Chapter 69.50 Revised Code of
Washington (Washington's Uniform Controlled Substances Act), and federal law,
through the Controlled Substances Act "CSA and
WHEREAS, Initiative Measure No. 692, approved by the voters of Washington
State on November 30, 1998, and now codified as Chapter 69.51A RCW, created a
limited defense to marijuana charges under state, not federal, law if the person charged
could demonstrate that he or she was a qualifying patient or designated provider as
those terms are defined in Ch. 69.51A RCW; and in 2007, the state legislature
amended the law; and in 2011 the state legislature passed a third amendment to the
law, E2SSB 5073, Chapter 181, Laws of 2011, portions of which the Governor vetoed,
and the newly amended law took effect on July 22, 2011; and
WHEREAS, prior to issuing her partial veto, the Governor received a letter signed
by Washington's two U.S. Attorneys, Michael Ormsby and Jennifer Durkan, and in their
letter they wrote that marijuana is a Schedule I controlled substance under federal law
and, as such, "growing, distributing and possessing marijuana in any capacity, other
than as part of a federally authorized research program, is a violation of federal law
regardless of state laws permitting such activities;" and these U.S. Attorneys also
concluded, "state employees who conducted activities mandated by the Washington
legislative proposals would not be immune from liability under the CSA"; and
W: Word Processing \Ordinances \Moratorium on marijuana collective gardens 8 -10 -11
NG:bjs Page 1 of 5
31
WHEREAS, because the Governor vetoed 36 of the 58 sections of the legislature's
bill amending Chapter 69.51A RCW, the law, in its final form, understandably has
inconsistencies and ambiguities; for example, certain sections that were not vetoed
make reference to other sections that were vetoed; and
WHEREAS, the recent amendments to Chapter 69.51A RCW change the scope
and effect of the law, including new sections that affect the rights of qualifying patients
and their designated providers; and the law now allows "collective gardens" that provide
for growing and cultivating up to 45 plants to serve no more than 10 qualifying patients,
and provides other changes to the rights and responsibilities of medical marijuana
patients and their designated providers; and
WHEREAS, the new law, however, clearly delegates to cities the authority to
implement zoning requirements, business licensing requirements, health and safety
requirements, and business taxes as those requirements and taxes relate to the
production, processing, or dispensing of medical marijuana; and in particular, local
regulations could address ambiguities concerning the location and operation of
collective gardens, and ensure that provisions related to designated providers are not
used to establish a de facto dispensary when the authority for such uses was vetoed;
and
WHEREAS, the City Council requires time to conduct appropriate research to
understand the extent of the changes provided in the new law, to analyze impacts and
potential liabilities under federal law, and to determine an appropriate regulatory
framework for any new uses that are allowed under these laws; and
WHEREAS, the City must ensure that proposed locations for these operations are
appropriate and that any potential secondary impacts arising from the operation of
these uses or facilities are minimized and mitigated; and these secondary impacts may
include, but are not limited to, burglaries associated with the cash and marijuana
maintained on the site, or an increase of other illegal activities, such as drug use, within
the vicinity of these dispensaries; and
WHEREAS, in particular, and without limitation, staff should analyze the impacts of
allowing these uses and facilities in residential zones as well as impacts arising from
the proximity of these uses and facilities to schools, daycares, parks, religious and
cultural facilities, jails and courthouses; and accordingly, the City Council finds that a
zoning, licensing, and permitting moratorium should be established pending local
review of appropriate locations and design requirements of these operations and
impacts of the newly amended law and its interaction with federal law; and
WHEREAS, although the City Council determines that a moratorium is necessary
for the reasons established above, the City Council emphasizes that it understands the
needs of persons suffering from debilitating or terminal conditions, as well as the
benefits that approved medical use of marijuana may provide these persons;
nevertheless, given the complex legal and regulatory framework surrounding this issue,
a moratorium remains necessary until the City Council can adequately address the
competing interests at play;
W: Word Processing \Ordinances \Moratorium on marijuana collective gardens 8 -10 -11
N&bjs Page 2 of 5
32
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY ORDAINS AS FOLLOWS:
Section 1. Preliminary Findings. The recitals and findings set forth above are
hereby adopted as the City Council's preliminary findings in support of the moratorium
imposed by this ordinance. The City Council may, in its discretion, adopt additional
findings at the conclusion of the public hearing referenced in Section 6 below.
Section 2. Moratorium Imposed. Pursuant to the provisions of Article 11,
Section 11 of the Washington State Constitution, RCW 35A.63.220, and RCW
36.70A.390, a moratorium is hereby enacted prohibiting within the City of Tukwila, the
establishment, location, operation, licensing, maintenance, or continuation of any
medical cannabis collective garden or any medical marijuana dispensary, whether for
profit or not for profit, asserted to be authorized or actually authorized under E2SSB
5073, Chapter 181, Laws of 2011, Chapter 69.51A RCW, or any other laws of the state
of Washington. No building permit, occupancy permit, or other development permit or
approval shall be issued for any of the purposes or activities listed above, and no
business license shall be granted or accepted while this moratorium is in effect. Any
land use permits, business licenses or other permits for any of these operations that are
issued as a result of error or by use of vague or deceptive descriptions during the
moratorium are null and void and without legal force or effect.
Section 3. 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 complies with Chapter 69.51A RCW, or an individual
person who is a qualified patient and who complies with 69.51A RCW, shall not be
deemed a medical marijuana collective garden for the purposes of this moratorium.
W: Word Processing \Ordinances \Moratorium on marijuana collective gardens 8 -10 -11
NG:bjs Page 3 of 5
33
Section 4. 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 5. Effective Period for Moratorium. The moratorium set forth in this
ordinance shall be in effect for a period of 12 months from the date this ordinance is
passed and shall automatically expire at the conclusion of that 12 -month period unless
the same is extended as provided in RCW 35A.63.220 and RCW 36.70A.390, or unless
terminated sooner by the City Council.
Section 6. Public Hearing. Pursuant to RCW 35A.63.220 and RCW 36.70A.390,
the City Council will hold a public hearing at the City Council's regular meeting at 7:00
p.m. in Council Chambers on October 3, 2011, or as soon thereafter as the business of
the City Council shall permit, and which date is no more than 60 days after the date of
adoption herein, in order to take public testimony and to consider adopting further
findings.
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, production facilities, and
processing facilities including but not limited to review of the pending dispute between
state and federal law enforcement authorities regarding the legality of medical
marijuana under any circumstances and notwithstanding the enactment by the
legislature of RCW 69.51A. 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. 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. 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 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.
W: Word Processing \Ordinances \Moratorium on marijuana collective gardens 8 -10 -11
NG:bjs Page 4 of 5
34
Section 10. Effective Date. The City Council hereby finds and declares that there
is a potential that persons seeking to engage in marijuana collective garden or
dispensary uses could claim vesting under E2SSB 5073 and/or that the presence of
any marijuana collective gardens in the City of Tukwila could have negative secondary
effects if not first addressed by adequate and appropriate regulations, and that,
therefore, an emergency exists which necessitates that this ordinance become effective
immediately in order to preserve the public health, safety and welfare. This ordinance
shall become effective immediately upon passage. The City Clerk is directed to publish
a summary of this ordinance at the earliest possible publication date.
PASSED BY THE CITY COUNCIL,OF THE CITY OF TUKWILA, WASHINGTON,
at a Regular Meeting thereof this ___��7" day of S�
2011.
ATTEST /RUTH ENTI CATE D:
0
Christy O'Fl9ierty, CIVIC, City'
APPROy� -i F RM BY:
Sh y M, �ke, it Attorney
Ji ggerl:02196r
Filed with the City Clerk:
Passed by the City Council:
Published:
Effective Date:
Ordinance Number: 43Lml
W: Word Processing \Ordinances \Moratorium on marijuana collective gardens 8 -10 -11
NG:bjs
Page 5 of 5
35