HomeMy WebLinkAbout793 - OrdinancesORDINANCE NO. 793
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA ADDING CHAPTER 77.44 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 MAKING
FINDINGS IN SUPPORT 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.
a.
Ordinance No 793
Page 2 of 6
(vii) Notwithstanding the passage of the Act and the Medical Marquana
Program, the possession for sale and distribution of marquana 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 marquana
by medical marquana 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 marquana dispensaries in the City of
Rancho Cucamonga
(x) Medical marquana 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
marquana from a dispensary, persons acquiring marquana from a
dispensary and then selling it to anon-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
marquana 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 marquana
dispensaries pose a threat to public health, safety and welfare
(xu) 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 marquana for non-medical purposes
(xm) The City Council hereby finds that, because of the inconsistency
between State and Federal law relating to the possession, sale and
distribution of marquana, 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 marquana 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 793
Page 3 of 6
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 marguana would preclude the lawful
opening and operation of Medical Marguana 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 Marguana 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 Marnuana is marguana 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 marguana in the treatment of cancer, anorexia, AIDS, chronic
paid, spasticity, glaucoma, arthritis, migraine, or any other serious
medical condition for which marguana is deemed to provide relief as
defined in California Health and Safety Code § 11362 7(h)
C Medical Marijuana Dispensary or Dispensary is any facility or
location where medical marguana 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
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
Ordinance No 793
Page 4 of 6
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 marquana 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 Marifuana Dispensaries Prohibited.
It shall be unlawful for any person or entity to own, manage, establish,
conduct, or operate any Medical Marituana Dispensary, or to participate
as an employee, contractor, agent or volunteer, or in any other manner or
capacity, in any Medical Marguana 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 Marituana
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 iurisdiction, 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 Code, 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 793
Page 5 of 6
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 gwity 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 gwlty 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. The City Clerk shall certify to the pass of this Ordinance
Please see fhe lol/owing page
for formal adoption, certiflcatlon and signatures
Ordinance No. 793
PASSED, APPROVED, AND ADOPTED this 18'h day of June 2008.
AYES: Gutierrez, Michael, Williams
NOES: None
ABSENT: Kurth, Spagnolo
ABSTAINED: None
ATTEST:
.~~~~-
Kathryn'L. Sc tt, CMC, Assistant City Clerk
I, KATHRYN L. SCOTT, ASSISTANT CITY CLERK, of the City of
Rancho Cucamonga, California, do hereby certify that the foregoing Ordinance was introduced
at a Regular Meeting of the Council of the City of Rancho Cucamonga held on the 4'" day of
June 2008, and was passed at a Regular Meeting of the City Council of the City of Rancho
Cucamonga held on the 18'h day June 2008.
Executed this 19`" day of June 2008, at Rancho Cucamonga, California.
KatKat ry~ott, CMC, Assistant City Clerk