HomeMy WebLinkAboutORDINANCE 11-130 0
ORDINANCE NO.11-13
AN ORDINANCE OF THE TOWN OF ESTES PARK ADDING CHAPTER 9.48 TO
THE ESTES PARK MUNICIPAL CODE WHICH PROHIBITS THE OPERATION OF
MARIJUANA CULTIVATION FACILITIES,MARIJUANA PRODUCT
MANUFACTURING FACILITIES,MARIJUANA TESTING FACILITIES,RETAIL
MARIJUANA STORES,AND PRIVATE MARIJUANA CLUBS.
WHEREAS,Colorado voters approved an amendment to the Colorado
Constitution known as Amendment No.64 and codified as Article XVIII,Section 16,
which allows in part for the retail sale and cultivation of marijuana in the State of
Colorado;and
WHEREAS,Article XVIII,Section 16 of the Colorado Constitution authorizes the
Town of Estes Park,to prohibit the operation of marijuana cultivation facilities,
marijuana product manufacturing facilities,marijuana testing facilities and retail
marijuana stores through the enactment of an ordinance;and
WHEREAS,the establishment and operation of private marijuana clubs,although
superficially “private”,involves the consumption of marijuana by assemblies of persons
which by its very nature diminishes its character as non-public activity;and
WHEREAS,to the extent a private marijuana club involves activity that generates
profit or pecuniary gain to its members or management,the private marijuana club is an
unregulated class of business enterprise;and
WHEREAS,the establishment of private marijuana clubs presents a situation
where the use of marijuana by an assembly of persons could take place in commercial
and industrial structures within the Town,but not be subject to the land use and police
power regulations of the Town;and
WHEREAS,the Board of Trustees has carefully considered the provisions of
Article XVIII,Section 16 of the Colorado Constitution,and the impact of the operation of
marijuana cultivation facilities,marijuana product manufacturing facilities,maruana
testing facilities,retail marijuana stores and private marijuana clubs on the health,safety
and welfare of the Town and its inhabitants,as well as the possible financial impacts on
the Town;and the Board of Trustees has determined that such marijuana cultivation
facilities,marijuana product manufacturing facilities,marijuana testing facilities,and
retail marijuana stores should not be located within the corporate limits.
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NOW,THEREFORE,BE IT ORDAINED BY THE BOARD OF TRUSTEES OF
THE TOWN OF ESTES PARK,COLORADO AS FOLLOWS:
1.Chapter 9.48 of the Municipal Code shall be added as follows:
Marijuana Enterprises
Section 9.48.010 Uses prohibited.It shall be unlawful for any person to
operate,cause to operate or permit to be operated,any marijuana
cultivation facilities,marijuana product manufacturing facilities,marijuana
testing facilities,and retail marijuana stores within the Town of Estes Park;
and all such uses are hereby prohibited in any location within the Town,or
within any area hereinafter annexed to the Town.
Section 9.48.020 Definitions.For the purpose of this Chapter the following
terms shall have the following meanings:
(1)“Marijuana”shall have the same meaning as set forth in Section 16
(2)(f))of Article XVIII of the Colorado Constitution.
(2)“Marijuana Cultivation Facility”shall have the same meaning as set
forth in Section 16 (2)(h)of Article XVIII of the Colorado Constitution.
(3)“Marijuana Product Manufacturing Facility”shall have the same
meaning as set forth in Section 16 (2)(j)of Article XVIII of the Colorado
Constitution.
(4)“Marijuana Testing Facility”shall have the same meaning as set forth
in Section 16 (2)0)of Article XVIII of the Colorado Constitution.
(5)“Retail Marijuana Store”shall have the same meaning as set forth in
Section 16 (2)(n)of Article XVIII of the Colorado Constitution.
Section 9.48.030 Private marijuana clubs prohibited.
(a)It shall be unlawful for any person or association of persons to operate
any private marijuana club,which shall,for purposes of this Section,be
defined as follows:
The consumption of marijuana by persons assembled within a
commercial or industrial structure,where such consumption is
permitted,encouraged,promoted,enabled or condoned by persons
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assembled therein,whether such consumption is the primary intended
purpose or an intended purpose incidental to other reasons for
assembly therein.
Section 9.48.040 Separate offense.Each and every day a violation of the
provisions of this Chapter is committed,exists or continues shall be
deemed a separate and distinct offense.
Section 9.48.050 Town civil remedies.The establishment,operation and
continuation of any activity in violation of the terms of this Chapter is
specifically determined to constitute a public nuisance,may be abated by
the Town as a nuisance and may be enjoined by the Town in an action
brought in a court of competent jurisdiction in the county in which such
activity occurs.The remedies set forth in this Section shall not be
exclusive,shall be cumulative and shall be in addition to any other remedy
available at law or in equity.
2.The Ordinance shall take effect and be in force 30 days after its adoption and
publication.
PASSED AND ADOPTED by
Colorado this I3 day of_
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ATT
the Board of Trustees of the Town of Estes Park,
2013.
I hereby certify that the above ordinance was
the Board of Trustees on the I day of
published in a newspaper of general publication in
on the lcc-day of
_______________
introduced and read at a meeting of
_______________
2013 and
the Town of Estes Park,Colorado,
2013.
t,Tj Clerk
Tjn Clerk
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