ORD 438
.oRDINANCE N.o. 438
AN .oRDINANCE .oF THE CITY COUNCIL .oF THE CITY
.oF LA GUINTA, CALlF.oRNIA, AMENDING TITLE 11,
CHAPTER 11.72 ("PUBLIC NUISANCES'" .oF THE LA
GUINTA MUNICIPAL C.oDE T.o ADO
SECTI.oN 11.72.030(DD' T.o DECLARE MEDICAL
MARIJUANA DISPENSARIES A PUBLIC NUISANCE AND
T.o PR.oHIBIT MEDICAL MARIJUANA DISPENSARIES IN
THE CITY
WHEREAS, the City Council of the City of La Quinta is committed to
protecting the public health, safety, and welfare of the community, and to meet
these goals it is necessary for the City Council to adopt measures, from time to
time, to meet threats to the public health, safety, and welfare; and
WHEREAS, the federal Controlled Substances Act (21 U.S.C. !l 801 et
seq.) prohibits the manufacture, distribution and possession of marijuana; and
WHEREAS, in 1996, the voters of the Sate of California approved
Proposition 21 5 (codified as Health and Safety Code section 11 362.5 et seq., and ~
entitled "The Compassionate Use Act of' 1996" ("Act"\, to enable persons who are
in need of marijuana for. specified medical purposes to obtain and use marijuana
under limited, specified circumstances. The State Legislature, pursuant to Senate
Bill 420, also enacted Article 2.5, Medical Marijuana Program, of Chapter 6,
Offenses and Penalties, of Division 1 0, Uniform Controlled Substances Act, of the
Health and Safety Code of the Health and Safety Code of the State of California, as
amended, which allows local governments to adopt and enforce laws consistent
with Article 2.5; and
WHEREAS, to avoid the threat to public health, safety, and welfare
that would occur if medical marijuana dispensaries were permitted in the City, it is
necessary to declare the establishment and maintenance of such dispensaries,
whether stand-alone dispensaries or as part of an otherwise legal facility, a public
nuisance that should be prohibited in the City; and
WHEREAS. the adoption of this Chapter is consistent with federal law
and Article 2.5, Medical Marijuana Program, of Chapter 6, Offenses and Penalties,
of Division 1 0, Uniform Controlled Substances Act, of the Health and Safety Code
of the Health and Safety Code of the State of California, as amended;
Ordinance No. 438
Amending LQCMC Title 11. Chapter 11.72
Public NulsanceswMarijuana Dispensaries
June 19, 2007
Page 2
N.oW, THEREF.oRE, THE CITY C.oUNCIL .oF THE CITY .oF LA QUINTA
D.oES .oRDAIN AS F.oLL.oWS:
SECTI.oN 1. AMENDMENT T.o MUNICIPAL C.oDE TITLE 11 (PEACE MORALS AND
SAFETY): La Quinta Municipal Code Chapter 11.72, entitled "Public Nuisances: is
hereby amended to add Subsection "DD" to Section 11.72.030 ("Public Nuisances
Declared") as follows:
(DD) Medical marijuana dispensaries. As used in this Chapter, a
"medical marijuana dispensary" is a facility or location which provides,
makes available, or distributes medical marijuana to a primary caregiver,
a qualified patient, or a person with an identification card, in accordance
with California Health and Safety Code Section 11362.5 et seq.
SECTI.oN 2. ENVIRONMENTAL DETERMINATION; GENERAL PLAN
CONSISTENCY: The City Council finds that adoption of this Ordinance is exempt
frc.;n the provisions of the California Environmental Quality Act pursuant to Title 14
California Code of Regulations section 15061, subsection (b)(3\, in that the
proposed Ordinance involves a proactive measure to prohibit marijuana dispensaries
and does not have the potential to significantly effect the environment. The City
Council further finds and determines that the .ordinance is consistent with the
City's General Plan, in that the Ordinance does not change or alter any land use
designations, densities or intensities of use set forth in the General Plan.
SECTI.oN 3. SEVERABILITY: If any section, subsection, subdivision, paragraph,
sentence, clause or phrase, or portion of this .ordinance is, for any reason, held to be
unconstitutional or invalid or ineffective by any court of competent jurisdiction, such
decision shall not affect the validity or effectiveness of the remaining portions of this
Ordinance or any part thereof. The City Council herby declares that it would have
adopted this Ordinance and each section, subsection, subdivision, paragraph
sentence, clause or phrase of this Ordinance irrespective of the fact that one or more
sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases be
declared unconstitutional or invalid or effective. To this end the provisions of this
Ordinance are declared to be severable.
SECTI.oN 4. EFFECTIVE DATE: This Ordinance shall be in full force and effect thirty
(30) days after adoption. ,... \
".
t
Ordinance No. 438
Amending LOCMC Title 11, Chapter 11.72
Public Nulsances.Martjuana Dispensaries
June 19. 2007
Page 3
SECTI.oN 5. POSTING: The City Clerk shall cause this .ordinance to be posted in at
least three public places designated by resolution of the City Council, shall certify to
the adoption and posting of this Ordinance, and shall cause this Ordinance and its
certification, together with proof of posting to be entered into the BOOK of
ORDINANCES of the City of La Quinta.
PASSED, APPR.oVED, and AD.oPTED at a regular meeting of the La
Quinta City Council held on this 19th day of June, 2007, by the following vote:
AYES: Council Members Henderson, Kirk, Osborne, Sniff, Mayor Adolph
N.oES: None
ABSENT: None
ABSTAIN: None
'<:'" . . ..... ~
~OL~
City of La Quinta, California
City of La
(City Seal)
~...' ......
. ..........
'..,
, -.
','
. .
,"- .
. .
APPR.oVED AS T.o F.oRM:
ity Attorney
ornia
Ordinance No. 438
Amending LQCMC Trtle 11. Chapter 11.72
Public Nuisances-Marijuana Dispensaries
June 19. 2007
Page 4
STATE .oF CALIFORNIA)
COUNTY OF RIVERSIDE) ss.
CITY OF LA QUINT A )
I, VERONICA MONTECINO, City Clerk of the City of La Quinta, California, do
hereby certify the foregoing to be a full, true, and correct copy of Ordinance No.
438 which was introduced at a regular meeting on the 5th day of June, 2007 and
was adopted at a regular meeting held on the 19th day of June, 2007, not being
less than 5 days after the date of introduction thereof.
I further certify that the foregoing Ordinance was posted in three places within the
City of La uinta as specified in City Council Resolution 2006.102.
VERONICA MON CINO, CMC, City Clerk
City of La Quin a, California
DECLARA TI.oN OF P.oSTING
I, VERONICA MONTECINO, City Clerk of the City of La Quinta, California, do
hereby certify that the foregoing ordinance was posted on ~.....:/ "~7 ,
pursuan 0 Council Re ution. . .
CINO, CMC, City Clerk
a, California
VERONICA M
City of La Qu