HomeMy WebLinkAboutOrd 2379 - Moratorium on Medical Cannabis Collective Gardens or Dispensaries (Repealed by Ord 2404)
Cover page to Ordinance 2379
The full text of the ordinance follows this cover page.
Ordinance 2379 was amended or repealed by the
following ordinances.
AMENDED BY: REPEALED BY:
2404
Ordinance No. 2379
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, RENEWING 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; REPEALING ORDINANCE NO. 2348; 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, after adoption of the City's moratorium, and despite calls from other
Washington State cities, the Washington State Legislature has failed to provide
clarification on the statutes relating to cannabis collective gardens and /or dispensaries;
and
WHEREAS, several initiatives are currently pending with the Washington Secretary
of State's Office addressing the issue of cannabis; and
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WHEREAS, the moratorium adopted by Ordinance No. 2348 will expire before the
initiatives go before the people of the State of Washington and, if adopted, before the
initiatives would be enacted into law; and
WHEREAS, the City is not in the position to expend scarce resources in developing
regulations that may be rendered obsolete in a very short time, based on action taken
at the State level; and
WHEREAS, the City desires to wait for the outcome of the vote on these initiatives
and, if passed by the people, to determine any impact these initiatives may have (either
directly or indirectly) on requirements relating to cannabis collective gardens and /or
dispensaries;
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 E2SSB 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 July 23, 2012 to hear testimony regarding
the City's moratorium.
Section 3. Duration. The moratorium renewed herein shall be in effect until
August 14, 2013, 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
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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.
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, 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. Repealer. Ordinance No. 2348 is hereby repealed.
Section 9. 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 10. 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.
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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 TUKWILA, WASHINGTON,
at a Regular Meeting thereof this (T� day of cos usj 2012.
ATTEST /AUTHENTICATED:
J"'4? Q
Christy O'Faerty, MMC, City C461rk
APPR� TA O F RM BY:
_SI reley M.�slake, Attorney
Ji aggert on r
Filed with the City Clerk:
Passed by the City Council
Published:
Effective Date:
Ordinance Number:
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City of Tukwila Public Notice of Ordinance Adoption for Ordinance 2379.
On August 6, 2012 the City Council of the City of Tukwila, Washington, adopted the
following ordinance, the main points of which are summarized by title as follows:
Ordinance 2379: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, RENEWING 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; REPEALING ORDINANCE NO. 2348; PROVIDING
FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE.
The full text of this ordinance will be provided upon request.
Christy O'Flaherty, MMC, City Clerk
Published Seattle Times: August 9, 2012