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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