Loading...
HomeMy Public PortalAbout2019-10-31 packetNOTICE OF MEETING AND TENTATIVE AGENDA' City of Jefferson Public Safety Committee Thursday, October 31, 2019 7:30 a.m. Jefferson City Police Department — 401 Monroe Police Training Room TENTATIVE AGENDA 1. CALL TO ORDER 2. APPROVAL OF MINUTES 3. OLD BUSINESS 4. NEW BUSINESS a. Medical Marijuana — Criminal Provisions, Chapter 18 (Moehlman) b. Medical Marijuana — Business Provisions, Chapter 17 (Moehlman) c. Fire Station #4 Design & Engineering: Hardened Storm Shelter and Modification of Existing Space (Chief Schofield) 5. OTHER BUSINESS a. Fire Department Update (Chief Schofield) b. Police Department Update (Chief Schroeder) 6. ADJOURN NOTES ` Individuals should contact the ADA Coordinator at (573) 634-6570 to request accommodations or alternative formats as required under the Americans with Disabilities Act. Please allow three business days to process the request. Public Safety Committee Meeting Call to Order The September 26, 2019, Public Safety Committee meeting convened at 7:30 a.m. by Councilman Graham. Attendance Present: Committee Members: Councilman Graham, Councilman Schreiber, Councilman Mihalevich, Councilman Kemna and Councilman Hussey. Guests: Mayor Carrie Tergin, City Administrator Steve Crowell, Fire Chief Matt Schofield, Police Chief Roger Schroeder, Police Captain Eric Wilde, Cole County Emergency Management Coordinator Bill Farr, and Architects Alliance Representatives Cary Gampher and Abigail Steck. Approval of Minutes It was noted the minutes attached to the packets for the meeting were not the August 29th minutes. The correct minutes were available in the paperless packets. Councilman Mihalevich made a motion to approve the minutes of the August 29, 2019 meeting. Councilman Schreiber seconded the motion. Minutes were approved. Discussion of Agenda Items OLD BUSINESS None. NEW BUSINESS Architects Alliance Police Department Building Study Presentation Chief Schroeder advised the committee had requested additional information regarding the police department's list of needs which included an addition and renovation to the existing 40 - year -old building. Chief Schroeder stated he was not requesting money at this time, but the building study was a critical first step in the process. He turned the discussion over to Captain Wilde, who was assigned the task of initiating the project. Captain Wilde stated there were three objectives to the project: a building that would last another 40-50 years, to be a good steward of the City's tax money, and create a building that was efficient. He introduced Cary Gampher and Abigail Steck with Architects Alliance who produced the building study. Mr. Gampher stated the police department building was originally designed to accommodate a second floor. There was sufficient space at the time it was built, but growth has provided inefficiencies over the years. The building is approximately 30,000 square feet. The addition of 1 an upper level would add an additional 14,000 square feet. This would be a three-year project and cost approximately $6.5 - $7 million dollars for the general contractor to construct the addition. Mr. Gampher advised it is more cost efficient to renovate a building than to build a new one. A new building would cost approximately $16 — $17 million dollars. Ms. Steck distributed sets of renovation plans to the committee and reviewed both the existing and proposed floor plans. It was noted that many of the current office spaces were at one time closets and storage, and not adequate for the number of people occupying those spaces. One of the most critical safety issues is officers walking subjects/prisoners up two flights of stairs to the processing/interview area. This is dangerous for both the subject and the officer. Chief Schroeder noted that there has been approximately 90% growth in the size of the department personnel over the past 40 years, and every component in the building is strapped for space. The committee members thanked Mr. Gampher and Ms. Steck for their presentation. OTHER BUSINESS Fire Department Update Chief Schofield advised October is fire safety month, with Fire Safety Week being observed October 6-12. The motto for the week is "Not every hero wears a cape - plan and practice your escape". Members of the Jefferson City Fire Department and Cole County Fire Districts will take the Fire Safety House to schools and give fire safety presentations. The Fire Department will partner with Lowe's and the Red Cross to go house to house with free smoke detectors. Carbon monoxide detectors will also be available. Hose testing occurred during the month of September. Thousands of feet of hose was tested to ensure it was in good working order. Police Department Updates Chief Schroeder stated Lori Blatter had been hired as the Animal Shelter Manager. Lori has a Bachelor of Science degree in business management. She was formerly employed at SEMA as a state floodplain management officer. Chief Schroeder advised there will be a positive new direction with the Animal Shelter program. He noted that over 20,000 people visit the Shelter each year. Chief Schroeder advised the department is experiencing difficulty in generating interest in hiring. This is being experienced on a national level. Numbers of applicants have decreased significantly. The department currently has three communications operator and two police officer vacancies. Applications for those positions close on October 1. To date, the City has received only 24 officer and 13 communications operator applicants. Chief Schroeder noted the department used to exceed 100 applicants twice a year. He is exploring every possible means of securing interest, including recruiting high school students for communications operator positions. The position requires the applicant be 18 years or older. Councilman Graham asked if a factor in the low interest in hiring was pay. Chief Schroeder stated the recent tax in St. Louis which resulted in pay increases to St. Louis police officers has had an impact. He had lost three officers to St. Louis and one to the State of Missouri this year, 2 all to significant pay increases. Salary, the police atmosphere, and media have all contributed to the decline. When asked about Fire Department staffing, Chief Schofield advised he had lost one firefighter trainee last month. They have a replacement beginning employment in a couple of weeks. Firefighters are in the same pay range as police officers and their pay is comparable to officers. Councilman Graham asked that new employees be presented at a council meeting to be recognized and welcomed. Chief Schroeder advised it is difficult to convey to employees in their 20s the positive aspects of living in Jefferson City. They tend to prefer the bigger city lifestyle. Councilman Mihalevich stated if Jefferson City is not comparable to surrounding communities in pay, he suggested the 2016 salary study be reviewed. Chief Schroeder stated the City was competitive in pay until the St. Louis tax increase. Columbia Police Department is also going through salary changes, and they will likely become competitors as well. Councilman Mihalevich noted that the renovations to the police department could be a recruiting tool, emphasizing personnel safety and comfort. Chief Schofield stated retaining employees was a concern. They train and stay here for a couple of years and then leave to more competitive markets. The biggest challenge is to retain talent. Councilman Graham recommended looking at the compression issue and reviewing the salary study. Chief Schroeder advised the department had enjoyed three years of almost no turnover. This year the turnover will be in double digits, going from approximately 3% to over 10%. Other Updates Emergency Management Coordinator Bill Farr stated he had attended a long-term tornado recovery meeting to review citizens' unmet needs with United Way's Ann Bax and representatives of area churches. There has been approximately $300,000 donated to a fund to use for ongoing needs. The old Sears building is being used for storage. He will attend a meeting with FEMA tomorrow to discuss the process of recovering money expended on tornado clean up and recovery. Councilman Schreiber complimented Mr. Farr on his recent presentation to the Lions Club. Chief Schroeder advised there were not enough applicants to have a Citizen Police Academy this Fall. Councilman Graham noted the recent shootings in Columbia. He stated that council persons, when attending neighborhood meetings, should encourage attendees to contact police if they see or hear anything out of the ordinary. He thanked both the police department and fire department for keeping the city safe. Captain Wilde advised he had moved a couple of officers out of the Traffic Unit into the Community Action Team (CAT), and one officer has been assigned to ATF as a task force officer to address the local increase in violent incidents and instances of gunfire. Chief Schofield advised he had informational fliers for the Smart 911 system to promote participation. 3 Mayor Tergin advised Lt. Dave Williams would be recognized at the October 7th Council Meeting for his Employee of the Year Award. Saturday, October 19th is the Memorial Stair Climb at Jefferson Building. Councilman Schreiber advised he and Councilman Hensley attended three of the Neighborhood Watch gatherings during National Night Out. He complimented the officers who presented at the gatherings, and advised the gatherings were well attended. Adj ourn Councilman Schreiber made a motion to adjourn the meeting. Councilman Mihalevich seconded the motion. The meeting was adjourned at 8:38 a.m. 4 BILL NO. 19 - SPONSORED BY COUNCILMAN ORDINANCE NO. AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING CHAPTER 18, MISCELLANEOUS PROVISIONS AND OFFENSES RELATED TO CONTROLLED SUBSTANCES WHEREAS, on November 6, 2018, the voters of the State of Missouri approved Amendment 2 to the Constitution of the State of Missouri which legalizes medical marijuana within the State; and WHEREAS, the Department of Health and Senior Services, serving as the administrator of the medical marijuana program, has developed regulations allowing for the legal use of marijuana, an otherwise federally illegal activity; and WHEREAS, the City Council believes it is necessary to add provisions to its Code of Ordinances to allow for the legal use of medical marijuana in accordance with state regulations; and BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS: Section 1. Chapter 18 (Miscellaneous Provisions and Offenses) is hereby amended by amending Sections 18-280 through 18-282 and adding Sections 18-283 through 18-284, to read as follows: Sec. 18-280. Definitions. For the purposes of this article, the following words and phrases shall have the meanings respectively ascribed them by this section: The terms `Administer,' `Marijuana,' `Marijuana infused products,' `Medical marijuana cultivation facility,' `Medical marijuana dispensary facility,' `Medical marijuana -infused products manufacturing facility,' `Medical marijuana testing facility,' `Medical use,' `Primary caregiver' and `Qualifying patient' shall have the definition set forth in Article XVI Section 1 of the Missouri Constitution. Controlled substance. Any drug or substance included in section 195.005 through and including section 195.425, RSMo. Drug paraphernalia. All equipment, products and materials of any kind which are used, intended for use, or designed for use, in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, storing, containing, concealing, injecting, ingesting, inhaling, or otherwise introducing into the human body a controlled substance or an imitation controlled substance in violation of sections 195.005 to 195.425, RSMo. Identification card. A document, whether in paper or electronic format, issued by the Missouri Department of Health and Senior Services, or its successor agency, that authorizes a qualifying patient, primary caregiver, or employee or contractor of a licensed medical marijuana facility to access medical marijuana as provided by law, or a similar card issued by another state. Medical marijuana facility. Either a `Medical marijuana cultivation facility,' `Medical marijuana dispensary facility,' `Medical marijuana -infused products manufacturing facility,' or a `Medical marijuana testing facility,' as defined in Article XVI Section 1 of the Missouri Constitution, or a `medical marijuana transportation facility' as defined in Chapter 35, the Zoning Code. Public place. Any public or private property, or portion of public or private property, that is open to the general public, including, but not limited to, sidewalks, streets, bridges, parks, schools, and businesses. However, for purposes of designating a nonpublic place within a public place, the owner or entity with control of any such property may, but is not required to, provide one (1) or more enclosed private spaces where one (1) qualifying patient and, if required by the owner or entity with control of any such property, a representative of such owner or entity, may congregate for the qualifying patient to consume medical marijuana. The qualifying patient may be accompanied by the family of the qualifying patient, the qualifying patient's primary caregiver, and/or the qualifying patient's physician. The owner or entity with control of any such property may provide such a space by individual request or designate such a space for ongoing use and may limit use of medical marijuana in that space to uses that do not produce smoke. Any such permission shall be given in writing and provided to the qualifying patient or publicly posted prior to a qualifying patient's use of medical marijuana in that space. Nothing herein shall allow conduct in violation of Chapter 15, Article III, the Jefferson City Clean Indoor Air Ordinance. Sec. 18-281. Possession of marijuana; penalty. A. It is unlawful for any person to possess an amount thirty-five (35) grams or less of marijuana except as authorized by Sec. 18-283. B. Any person violating any provision of this section, upon conviction, shall be fined not less than one hundred dollars ($100.00) no more than five hundred dollars ($500.00), or shall be imprisoned for three (3) months, or shall be both fined and sentenced. Sec. 18-282. Unlawful use of Drug Paraphernalia; penalty. A. It is unlawful for any person to use, or to possess with intent to use, drug paraphernalia to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale, or otherwise introduce into the human body a controlled substance or an imitation controlled substance in violation of sections 195.005 to 195.425, RSMo, except as authorized by Sec. 18-283. B. Any person violating any provision of this section, upon conviction, shall be fined not less than one hundred dollars ($100.00) no more than five hundred dollars ($500.00), or shall be imprisoned for three (3) months, or shall be both fined and sentenced. Sec. 18-283. Medical Marijuana. A. Possession of medical marijuana. a. A qualified patient in possession of a valid qualified patient identification card shall be allowed to possess marijuana in any amount allowed by state law. b. A primary caregiver of a qualified patient shall be allowed to possess any amount of marijuana allowed by state law when transporting marijuana to a qualified patient(s) or when accompanying a qualified patient(s). c. An owner or an employee of a medical marijuana facility shall be allowed to possess any amount of marijuana allowed by state law within the enclosed building licensed as such, or when delivering directly to the residence of a qualified patient, the residence of a primary caregiver of a qualified patient, or another medical marijuana facility. i. The term `directly' shall mean the shortest possible practicable route from the medical marijuana facility to the permitted destination or destinations, without any voluntary detours or additional stops. B. Possession of drug paraphernalia related to medical marijuana. a. A qualified patient in possession of a valid qualified patient identification card shall be allowed to possess drug paraphernalia for the purposes of administering marijuana. b. A qualified patient or a primary caregiver of a qualified patient with a valid medical marijuana cultivation card shall be allowed to possess drug paraphernalia for the purposes of cultivating marijuana. C. Failure to produce medical marijuana identification card. a. Any person who in possession of medical marijuana shall, immediately upon the request of any law enforcement officer, produce a valid identification card which allows such possession. Any person who fails to immediately produce such an identification card upon request shall be guilty of the offense of failure to produce a medical marijuana identification card. b. It shall be illegal for any person to possess a fraudulent or altered medical marijuana identification card. D. Disposal of medical marijuana. a. No person shall dispose of marijuana or marijuana-Infused products in an unsecured waste receptacle not in possession and control of a qualifying patient, primary caregiver, or licensed medical marijuana facility and designed to prohibit unauthorized access. E. Residential cultivation. a. To the extent allowed by State law, marijuana for medicinal purposes may be cultivated in a residential structure, provided: i. The structure is the primary residence of a primary caregiver or qualifying patient and the marijuana is grown solely for the use of the qualifying patient who resides there or who is under the care of the primary caretaker. ii. The residence has operating systems to assure that the emission of fumes or vapors connected with the cultivation are not allowed out of the building, or if the residence is in a multifamily building, that such fumes and vapors are not allowed into any other residence. iii. The cultivation must comply with the security and other requirements of state law and the rules of the Department of Health and Senior Services. iv. The resident has notified the City Clerk, including providing proof of eligibility, on a form provided by the City Clerk, so that law enforcement and code officials will be aware that the cultivation is lawfully taking place. F. Residential and nonpublic consumption. Qualifying patients may administer medical marijuana in their private residence, or in the residence of another with permission, or any nonpublic place described in $ 18-230, but may not administer marijuana in such a manner that marijuana smoke or odor exits the residence or nonpublic place. In a multifamily or similar dwelling, medical marijuana may not be administered in any common area. G. Public Places. No person shall administer medical marijuana in a public place. H. Public Nuisances a. The smell or noxious odor emitted from smoking, consumption, or cultivation of marijuana by a person possessing a valid state -issued license shall be treated as a public nuisance. Any odors emitted from cultivating or consuming marijuana shall be treated as a public nuisance. It shall be unlawful for any person or entity to cultivate marijuana in such a manner that constitutes a public nuisance. A public nuisance may be deemed to exist if cultivating marijuana produces light, glare, heat, noise, odor, or vibration that is detrimental to public health, safety, or welfare, or interferes with the reasonable enjoyment of life and property. Sec. 18-284. Transportation of Medical Marijuana. 1. Medical marijuana shall not be carried in public except: a. In the original unopened package if purchased from a licensed dispensary, or b. In an unopened container with the original packaging, if purchased from a licensed dispensary, or c. In a sealed container with the name of the cultivator if produced by home cultivation. 2. No medical marijuana shall be transported in the passenger compartment of any vehicle within reach of the driver or any passenger unless a. in an unopened package from a licensed dispensary; or b. in a locked compartment 3. Subsections 1 and 2 of this section shall not apply to the transportation of medical marijuana by a licensed medical marijuana transportation facility or its employees in the course of their duties. Section 2. Should any section, sentence, or clause of this Ordinance be declared invalid or unconstitutional, such declaration shall not affect the validity of the remaining sections, sentences, or clauses. Section 3. This Ordinance shall be in full force and effect from and after the date of its passage and approval. Passed: Approved: Presiding Officer Carrie Tergin, Mayor ATTEST: APPROVED AS TO FORM: City Clerk City Counselor BILL NO. 19 - SPONSORED BY COUNCILMAN ORDINANCE NO. AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING CHAPTER 17, LICENSES, TAXATION AND MISCELLANEOUS BUSINESS REGULATIONS RELATED TO MEDICAL MARIJUANA FACILITIES AN ORDINANCE WHEREAS, on November 6, 2018, the voters of the State of Missouri approved Amendment 2 to the Constitution of the State of Missouri which legalizes medical marijuana within the State; and WHEREAS, the Department of Health and Senior Services, serving as the administrator of the medical marijuana program, has developed regulations allowing for the legal use of marijuana, an otherwise federally illegal activity; and WHEREAS, the City Council believes it is necessary to add provisions to its Code of Ordinances to allow for the licensing and regulation of medical marijuana facilities in accordance with state regulations; and BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS: Section 1. Chapter 17 (Licenses, Taxation and Miscellaneous Business Regulations) is hereby amended by adding a new Article XV, to read as follows: ARTICLE XV. MEDICAL MARIJUANA FACILITIES Section 17-400. Definitions The terms `Administer,' `Marijuana,' `Marijuana Infused Products,' `Medical marijuana cultivation facility,' `Medical marijuana dispensary facility,' `Medical marijuana -infused products manufacturing facility,' `Medical marijuana testing facility,' `Medical use,' `Primary caregiver' and `Qualifying patient,' shall have the definition set forth in Article XVI Section 1 of the Missouri Constitution. Identification card. A document, whether in paper or electronic format, issued by the Missouri Department of Health and Senior Services, or its successor agency, that authorizes a qualifying patient, primary caregiver, or employee or contractor of a licensed medical marijuana facility to access medical marijuana as provided by law, or a similar card issued by another state. Medical marijuana facility. Either a `Medical marijuana cultivation facility,' `Medical marijuana dispensary facility,' `Medical marijuana -infused products manufacturing facility,' or a `Medical marijuana testing facility,' as defined in Article XVI Section 1 of the Missouri Constitution, or a `medical marijuana transportation facility' as defined in Chapter 35, the Zoning Code. Public place. Any public or private property, or portion of public or private property, that is open to the general public, including, but not limited to, sidewalks, streets, bridges, parks, schools, and businesses. However, for purposes of designating a nonpublic place within a public place, the owner or entity with control of any such property may, but is not required to, provide one (1) or more enclosed, private spaces where one (1) qualifying patient and, if required by the owner or entity with control of any such property, a representative of such owner or entity, may congregate for the qualifying patient to consume medical marijuana. The qualifying patient may be accompanied by the family of the qualifying patient, the qualifying patient's primary caregiver, and/or the qualifying patient's physician. The owner or entity with control of any such property may provide such a space by individual request or designate such a space for ongoing use and may limit the use of medical marijuana in that space to uses that do not produce smoke. Any such permission shall be given in writing and provided to the qualifying patient or publicly posted prior to a qualifying patient's use of medical marijuana in that space. Nothing herein shall allow conduct in violation of Chapter 15, Article III, the Jefferson City Clean Indoor Air Ordinance. Section 17-401. Business License Required. A. All medical marijuana facilities shall be required to have a city business license as required in this Chapter 17, but shall not be required to have any other city -issued license. The cost of such license shall be $350. B. Medical marijuana facilities shall be required to be properly licensed and/or certified by the Missouri Department of Health and Senior Services as required by 19 CSR 30-95. Each medical marijuana facility in operation shall obtain a separate license, but multiple licenses may be utilized in a single location. All licenses shall be displayed at all times within twenty (20) feet of the main entrance to the medical marijuana facility. Continued maintenance of all necessary state licenses and/or certificates shall be a condition of a medical marijuana facility's city business license. Licenses and certification for medical marijuana facilities suspended or revoked by the State of Missouri will also be suspended or revoked by the City Administrator. Section 17-402 Operation of Medical Marijuana Facilities A. Prohibited hours of sale. Medical marijuana dispensary facilities shall not be open to the public or make any sales between the hours of 7 p.m. and 6 a.m. B. Unauthorized marijuana prohibited on premises. It shall be unlawful for any marijuana other than expressly authorized to be cultivated or sold in accordance with the regulations issued by the Department of Health and Senior Services. . C. Sales by certain persons restricted. It shall be unlawful for medical marijuana to be sold by any individual other than those licensed through the State of Missouri. D. Purchases by unlicensed persons. It shall be unlawful for any individual who does not possess and produce a patient identification card or primary caregiver identification card to purchase, attempt to purchase, or have in his possession any amount of medical marijuana. E. Sale to unlicensed persons. It shall be unlawful to sell or attempt to sell medical marijuana to any individual who does not possess and produce a patient identification card or primary caregiver identification card. F. Use of property for unlawful purposes. It shall be unlawful for any person to own, operate, lease, occupy, or control any building, car, shed, room, basement, structure, tent, or booth and knowingly permit medical marijuana to be unlawfully manufactured, sold, stored, kept, or consumed therein or thereon. G. Regulation of sale in original packages. Any marijuana or marijuana -infused products packaged for retail sale must be packaged and sold in accordance with the rules and regulations issued by the Department of Health and Senior Services. H. Unauthorized extraction. It shall be unlawful for any person to extract resins from marijuana using dangerous materials or combustible gases without a medical marijuana -infused products manufacturing facility license issued by the Department of Health and Senior Services. I. Use of medical marijuana at a licensed dispensary facility prohibited. The consumption, inhalation, or other personal use of marijuana or other medical marijuana -infused products on or within the premises of a medical marijuana dispensary facility is prohibited, nor shall the licensee permit such consumption. J. Security plan. All medical marijuana facilities shall provide adequate security on the premises in accordance with the regulations issued by the State of Missouri, including, but not limited to the following: a. Security video shall be preserved for at least ninety (90) days and be made available to law enforcement officers upon demand. b. A method of immediate, automatic notification to alert local law enforcement agencies of an unauthorized breach of security at the facility. c. Professionally monitored robbery alarm and burglar alarm systems shall be installed and maintained in good working condition within the facility at all times with the capability of alerting local law enforcement agencies immediately of an unauthorized breach of security at the facility. Each facility shall provide the chief of police with the name and telephone number of the designated on-call facility personnel to respond to any alarms. d. Each facility shall provide the chief of police with the name, telephone number, electronic mail address, and facsimile number of an on-site facility employee to whom the City may provide notice of any operating problems associated with the facility. It shall be the responsibility of the licensee to keep up to date the contact information of the facility employee. e. Each facility shall provide policies for keeping local law enforcement updated on whether the facility employs armed security personnel and how law enforcement can identify such personnel on-site. It shall be the responsibility of the licensee to inform the Police Chief of any changes to this policy. f. Each facility shall provide a method to allow the police department real- time remote access to the security video system as required by 19 CSR 95.040(4)(H)(C)III. K. Permanent location required. Each medical marijuana dispensary shall be operated from a permanent and fixed location. No medical marijuana dispensary shall be permitted to operate from a moveable, mobile, or transitory location. This subsection shall not prevent the physical delivery or medical marijuana to a qualifying patient or primary caregiver at a location off of the premises of the licensee's medical marijuana dispensary, to the extent so permitted by law. L. Odors. No medical marijuana facility shall emit any odor of marijuana which is capable of being smelled by a person of ordinary senses outside of the boundary of the lot upon with the medical marijuana facility is located. M. Minimum Age. No person under the age of eighteen years old shall be allowed into a medical marijuana dispensary; except that a qualifying patient who is under the age of eighteen years but who has been emancipated by a court order and a qualifying patient under the age of eighteen years when accompanied by the qualifying patient's parent or guardian. N. Sale of accessories. Devices, contrivances, instruments, and paraphernalia for inhaling or otherwise consuming marijuana including, but not limited to, rolling papers and related tools, water pipes, and vaporizers may lawfully be sold at a medical marijuana dispensary. Such items may be sold or provided only to qualifying patients or primary caregivers. Section 2. Should any section, sentence, or clause of this Ordinance be declared invalid or unconstitutional, such declaration shall not affect the validity of the remaining sections, sentences, or clauses. Section 3. This Ordinance shall be in full force and effect from and after the date of its passage and approval. Passed: Approved: Presiding Officer Carrie Tergin, Mayor ATTEST: APPROVED AS TO FORM: City Clerk City Counselor