HomeMy WebLinkAbout791 - OrdinancesORDINANCE NO. 791
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF RANCHO CUCAMONGA, CALIFORNIA, ADDING
CHAPTER 17.44 TO TITLE 17 (THE DEVELOPMENT CODE) OF
THE RANCHO CUCAMONGA MUNICIPAL CODE,
PROHIBITING THE ESTABLISHMENT AND OPERATION OF
MEDICAL MARIJUANA DISPENSARIES IN ALL ZONES, AND
DECLARING THE URGENCY THEREOF
A. RECITALS.
(i) The People of the State of California approved Proposition 215, which was
codified as California Health and Safety Code § 11362.5 and entitled the
Compassionate Use Act of 1996 ("the Act").
(ii) The Act prohibits the provisions of law making unlawful the possession or
cultivation of marijuana, from applying to a qualified patient, or to a patient's
primary caregiver, who possesses or cultivates marijuana for the personal
medical use of the patient upon the recommendation of a physician, and
also prohibits the criminal prosecution or punishment of a physician for
having recommended marijuana to a patient for medical purposes.
(iii) Thereafter, the State Legislature enacted Senate Bill 420 (the "Medical
Marijuana Program"), codified as California Health and Safety Code §
11362.7, et seq., which requires the State Department of Health Services to
establish and maintain a voluntary program for the issuance of identification
cards to qualified patients and primary caregivers, and prohibits the arrest
of a qualified patient or a primary caregiver with a valid identification card
for the possession, transportation, delivery, or cultivation of medical
marijuana.
(iv) One purpose of the Act and the Medical Marijuana Program is "[t]o
encourage the Federal and State governments to implement a plan to
provide for the safe and affordable distribution of marijuana to all patients in
medical need of marijuana...."
(v) Neither the Federal nor the State government has implemented a specific
plan "to provide for the safe and affordable distribution of marijuana to all
patients in medical need of marijuana," leaving cities with a lack of direction
about how the Act is intended to be implemented, particularly in regard to
distribution of medical marijuana through dispensaries.
(vi) The Medical Marijuana Program provides additional statutory guidance for
medical marijuana use and cultivation, but it does not explicitly address the
role of dispensaries, nor does it require that cities provide for or allow the
establishment and/or operation of medical marijuana dispensaries.
Ordinance No. 791
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(vii) Notwithstanding the passage of the Act and the Medical Marijuana
Program, the possession for sale and distribution of marijuana is prohibited
by the Controlled Substances Act, 21 U.S.C. § 841, and California Health
and Safety Code §11359.
(viii) California law does not provide for the sale or distribution of marijuana by
medical marijuana dispensaries to a primary care giver, a qualified patient
or a person with an identification card, as those terms are defined in
California Health and Safety Code §11362.7.
(ix) The Rancho Cucamonga Municipal Code currently does not restrict the
existence or operation of medical marijuana dispensaries in the City of
Rancho Cucamonga.
(x) Medical marijuana dispensaries have been established in numerous
locations in California, and as a consequence, local agencies have reported
negative secondary effects on the community, which effects include, illegal
drug activity and drug sales in the vicinity of dispensaries; robbery of
persons leaving dispensaries; driving under the influence of a controlled
substance by persons who have obtained marijuana from a dispensary;
persons acquiring marijuana from a dispensary and then selling it to a non-
qualified person; burglaries and robberies; and an increase in vacancies in
the commercial areas in the vicinity of such businesses.
(xi) The California Police Chiefs Association has compiled an extensive report
detailing the negative secondary effects associated with medical marijuana
dispensaries. The City Council hereby finds that the report, a complete
copy of which is on file in the City Clerk's Office, contains persuasive
anecdotal and documented evidence that medical marijuana dispensaries
pose a threat to public health, safety and welfare.
(xii) California Health and Safety Code §11362.5(b)(2) expressly provides that
nothing in the Act shall be construed to supersede legislation prohibiting
persons from engaging in conduct that endangers others, nor to condone
the diversion of marijuana for non-medical purposes.
(xiii) The Council hereby finds that, because of the inconsistency between State
and Federal law relating to the possession, sale and distribution of
marijuana, and because of the documented threat to public health, safety
and welfare, it is in the best interests of the citizens of the City of Rancho
Cucamonga that the City prohibit the establishment and operation of
medical marijuana dispensaries within any and all zones of the City of
Rancho Cucamonga.
(xiv) This Ordinance is enacted pursuant to California Health and Safety Code
§§ 11362.5(b)(2) and 11362.83, and the City's police power as granted
broadly under Article XI, Section 7 of the California Constitution, in order to
promote the health, safety and welfare of the residents of the City of
Rancho Cucamonga.
Ordinance No. 791
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B. ORDINANCE.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1: Anew Chapter 17.44 is hereby added to Title 17 of the Rancho
Cucamonga Municipal Code, to read as follows:
"Chapter 17.44
MEDICAL MARIJUANA DISPENSARIES
Section 17.44.010 Purpose and Findings.
The City Council finds that Federal and State laws prohibiting the possession,
sale and distribution of marijuana would preclude the lawful opening and
operation of Medical Marijuana Dispensaries sanctioned by the City of
Rancho Cucamonga, and in order to serve public health, safety, and welfare
of the residents and businesses within the City, the declared purpose of this
chapter is to prohibit the operation or establishment of Medical Marijuana
Dispensaries within the City, as provided in this chapter.
Section 17.44.020 Definitions.
The following terms and phrases, whenever used in this chapter, shall be
construed as defined in this section:
A. Identification Card: is a document issued by the State
Department of Health Services which identifies a person authorized to
engage in the medical use of marijuana and the person's designated primary
caregiver, if any.
B. Medical Mariiuana: is marijuana used for medical purposes
where that medical use is deemed appropriate and has been recommended
by a physician who has determined that the person's health would benefit
from the use of marijuana in the treatment of cancer, anorexia, AIDS, chronic
paid, spasticity, glaucoma, arthritis, migraine, or any other serious medical
condition for which marijuana is deemed to provide relief as defined in
California Health and Safety Code § 11362.7(h).
C. Medical Mariiuana Dispensary or Dispensary: is any facility or
location where medical marijuana is made available to and/or distributed by
or to three or more of the following: 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 §§11362.5 and 11362.7, et seq. as such sections may be
amended from time to time.
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D. Primary Care Giver: is the 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.
E. Physician: is an individual who possesses a license in good
standing to practice medicine or osteopathy issued by the Medical Board of
California or the Osteopathic Medical Board of California and who has taken
responsibility for an aspect of the medical care, treatment, diagnosis,
counseling, or referral of a patient and who has conducted a medical
examination of that patient before recording in the patient's medical record
the physician's assessment of whether the patient has a serious medical
condition and whether the medical use of marijuana is appropriate.
F. Qualified Patient: is a person who is entitled to the protections
of California Health and Safety Code §11362.5, but who does not have an
identification card issued by the State Department of Health Services.
Section 17.44.030 Medical Marijuana Dispensaries Prohibited.
It shall be unlawful for any person or entity to own, manage, establish,
conduct, or operate any Medical Marijuana Dispensary, or to participate as an
employee, contractor, agent or volunteer, or in any other manner or capacity,
in any Medical Marijuana Dispensary, in the City of Rancho Cucamonga.
Section 17.44.040 Use or Activity Prohibited by State or Federal Law.
Nothing contained in this chapter shall be deemed to permit or authorize any
use or activity which is otherwise prohibited by any State or Federal law."
SECTION 2: Existing Nonconforming Uses. Any Medical Marijuana
Dispensary existing within the City of Rancho Cucamonga on the
effective date of this ordinance shall cease operations forthwith.
SECTION 3: Severability. The City Council declares that, should any
provision, section, paragraph, sentence, or word of this Ordinance
be rendered or declared invalid by any final court action in a court
of competent jurisdiction, or by reason of any preemptive
legislation, the remaining provisions, sections, paragraphs,
sentences and words of this Ordinance shall remain in full force
and effect.
SECTION 4: Savings Clause. Neither the adoption of this Ordinance nor the
repeal of any other ordinance of this City shall in any manner
affect the prosecution of any violation of any City ordinance or
provision of the Rancho Cucamonga Municipal Cade, committed
prior to the effective date hereof, nor be construed as a waiver of
any license or penalty or the penal provisions applicable to any
violation thereof.
Ordinance No. 791
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SECTION 5: Penalty. It shall be unlawful for any person, firm, partnership, or
corporation to violate any provision or fail to comply with any of
the requirements of this Ordinance. Any person, firm, partnership,
or corporation violating any provisions of this Ordinance or failing
to comply with any of its requirements shall be deemed guilty of a
misdemeanor and upon conviction thereof shall be punished by
fine not exceeding one thousand dollars ($1,000.00), or by
imprisonment not exceeding six (6) months, or by both such fine
and imprisonment. Each and every person, firm, partnership, or
corporation shall be deemed guilty of a separate offense for each
and every day or any portion thereof during which any violation of
any of the provisions of this Ordinance is committed, continued or
permitted by such person, firm, partnership or corporation, and
shall be deemed punishable therefore as provided in this
Ordinance.
SECTION 6: Urgency. The City Council finds that it is necessary, for the
immediate preservation of the public health, safety and welfare,
that this Ordinance take effect immediately. As more fully
described in the Recitals, Part A, of this Ordinance, it is necessary
that this Ordinance take effect immediately in order to avoid
situations that have been identified by various public agencies
throughout the State of California as adverse and dangerous
secondary effects arising from or associated with the operation of
medical marijuana dispensaries. These adverse secondary
effects include, but are not limited to, the commission of crimes
against persons leaving the vicinity of dispensaries, illegal drug
activity in the vicinity of dispensaries, persons driving vehicles
under the influence of controlled substances obtained from
dispensaries, and sales of marijuana to non-qualified persons.
The immediate enactment of this Ordinance is further required by
the lack of any regulations applicable to the operation of medical
marijuana dispensaries within the City of Rancho Cucamonga.
Any delay in adopting the prohibition against medical marijuana
dispensaries contained in this Ordinance would unnecessarily
cause an immediate threat to the public health, safety and welfare
of the citizens of the City of Rancho Cucamonga. Therefore, the
City Council adopts this Ordinance as an urgency ordinance,
effective immediately.
SECTION 7: The City Clerk shall certify to the adoption of this Ordinance and
shall cause the same to be published in the manner prescribed by
law.
Please see the /ollow/ng page
/or /ormal adoption, certi/icafion and s/gnatures
Ordinance No. 791
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PASSED, APPROVED, AND ADOPTED this 16`" day of April 2008.
AYES: Gutierrez, Kurth, Michael, Spagnolo, Williams
NOES: None
ABSENT: None
ABSTAINED: None
~~
Donald J. Kurth, M. D.,
ATTEST:
~4-~il'i-~J
e ra J. Adai , CMC, City Clerk
I, DEBRA J. ADAMS, CITY CLERK of the City of Rancho Cucamonga,
California, do hereby certify that the foregoing Urgency Ordinance was introduced and adopted
at a Regular Meeting of the Council of the City of Rancho Cucamonga held on the 16`" day of
April 2008.
Executed this 17`h day of April 2008, at Rancho Cucamonga, California.
bra J. Ada s MC, City Clerk