HomeMy Public PortalAboutOrdinance 379TOWN OF FRASER
ORDINANCE NO. 379
Series 2011
AN ORDINANCE AMENDING ORDINANCE NO. 376, SERIES 2010 EXTENDING THE
TEMPORARY MORATORIUM ON THE SUBMISSION, ACCEPTANCE, PROCESSING,
AND APPROVAL OF ANY APPLICATION FOR A LICENSE OR PERMIT RELATED TO
THE OPERATION OF A BUSINESS THAT SELLS OR DISTRIBUTES MEDICAL
MARIJUANA PURSUANT TO THE AUTHORITY GRANTED BY ARTICLE XVIII,
SECTION 14 OF THE COLORADO CONSTITUTION; DIRECTING THE PROMPT
INVESTIGATION OF THE TOWN'S REGULATORY AUTHORITY OVER SUCH
BUSINESSES; DECLARING THE INTENTION OF THE TOWN BOARD TO CONSIDER
THE ADOPTION OF APPROPRIATE TOWN REGULATIONS WITH RESPECT TO
SUCH BUSINESSES IF PERMITTED BY LAW; AND PROVIDING FOR AN IMMEDIATE
EFFECTIVE DATE OF THIS ORDINANCE
WHEREAS, Town of Fraser Referred Measure 2B prohibiting Medical Marijuana
Centers, optional premises cultivation operations, and medical marijuana- infused
products manufacturers was defeated by the electorate on November 2, 2010; and
WHEREAS, The Fraser Town Board and Planning Commission need to establish
appropriate regulations regarding Medical Marijuana Centers, optional premises
cultivation operations, and medical marijuana- infused products manufactures in advance
of processing any such applications; and
WHEREAS, The State legislature is considering an extension of the current State
moratorium on the issuance of licenses to open /operate a medical marijuana dispensary
until July 1, 2012.
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE
TOWN OF FRASER, COLORADO, THAT:
PART 1: AMENDMENT OF MUNICIPAL CODE Municipal Code, Town of Fraser,
Colorado (herein sometimes referred to as the "Municipal Code") is hereby
amended as provided.
1.1 The existing moratorium on the submission, acceptance, processing, and
approval of all applications for licenses or permits relating to the operation of a
business that sells or distributes medical marijuana is hereby extended to and
including July 1, 2011 which allow the Town staff and Town Board to investigate
the Town's ability to regulate such businesses, and to develop and implement
any appropriate regulations deemed necessary by the Town Board.
1.2 The duration of the moratorium imposed by this ordinance is reasonable in
length, and is no longer than is required for the Town and the State to properly
investigate develop, and, if appropriate, adopt and implement any regulations
deemed necessary with respect to businesses that sell or distribute medical
marijuana.
PART 2: EFFECTIVE DATES OF THE MORATORIUM. The moratorium imposed
by this ordinance shall commence as of the date of the adoption of this ordinance, and
shall expire on July 1, 2011 thereafter, unless sooner repealed.
PART 3: EMERGENCY DECLARATION The Town Board of the Town of Fraser hereby
finds, determines, and declares that an emergency exists and that this ordinance is
necessary for the immediate preservation of public property, health, welfare, peace or
safety. The Town Board further determines that the adoption of this ordinance as an
emergency ordinance is in the best interest of the citizens of the Town of Fraser.
READ, PASSED, ADOPTED AND ORDERED PUBLISHED BY THE BOARD OF
TRUSTEES AND SIGNED THIS 20 DAY OF APRIL, 2011.
BOARD OF TRUSTEES OF THE
TOWN OF FRASER, COLORADO
ATTEST:
Published in the Middle Park Times on April 28, 2011.
Fran Cook, Mayor