HomeMy WebLinkAboutMC-1348
Adopted:
Effective:
April 4, 2011
April 4, 2011
1
ORDINANCE NO. MC-1348
2
3 AN URGENCY ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING
SAN BERNARDINO MUNICIPAL CODE CHAPTER 5.05 PROHIBITING THE
4 ESTABLISHMENT AND OPERATION OF MEDICAL MARIJUANA DISPENSARIES,
DECLARING THE URGENCY THEREOF, AND TAKING EFFECT IMMEDIATELY.
5
6 The Mayor and Common Council of the City of San Bernardino do ordain as follows:
7 WHEREAS, Section 40(z) ofthe City Charter vests the Mayor and Common Council with
the power to make and enforce all laws and regulations with respect to municipal affairs, subject only
8 to the restrictions and limitations provided in the Charter or by State law; and
9 WHEREAS, Sections 31 and 121 of the City Charter provide for the adoption of an urgency
ordinance for the immediate preservation of the public peace, health, or safety if passed by a two-thirds
10 (2/3) vote of the Council; and
11 WHEREAS, in 1996, the voters ofthe State of California approved Proposition 215, which
was codified as Health and Safety Code Section 11362.5, et seq. and entitled the Compassionate Use
12 Act of 1996 ("CUA"); and
13 WHEREAS, the intent of Proposition 215 was to enable persons who are in need of medical
marijuana for medicinal purposes to obtain and use it under limited specified circumstances; and
14
WHEREAS, Federa11aw states that the sale, possession, cultivation, and distribution of
15 marijuana is prohibited (21 U.S.C. gg812 and 841, part of the Controlled Substances Act); and
16 WHEREAS, on May 14, 2001, in Us. v. Oakland Cannabis Buyers' Cooperative (2001)
532 U.S. 483, the United States Supreme Court held that there was no medical necessity exception to
17 the Controlled Substance Act's prohibition on manufacturing and distributing marijuana; and
18 WHEREAS, several California cities that have permitted the establishment of medical
marijuana dispensaries have found that such medical marijuana dispensaries have resulted in negative
19 and harmful secondary effects, including significant increases in traffic, crime, and noise. See "White
Paper on Marijuana Dispensaries" published on April 22, 2009, by the California Police Chiefs
20 Association's Task Force on Marijuana Dispensaries; and
21 WHEREAS, these harmful secondary effects have involved a wide range of activity
including burglaries, takeover robberies of dispensaries, robberies of customers leaving dispensaries,
22 an increase in theft and robberies in the vicinity of dispensaries, illegal re-selling of marijuana obtained
from dispensaries, physicians issuing apparently fraudulent recommendations for the use of marijuana,
23 dispensary staff selling marijuana to customers with obviously counterfeit patient identification cards,
street dealers attempting to sell marijuana to dispensary customers, dispensary customers using
24 marijuana and then driving under its influence, the sale of other illegal narcotics other than marijuana
in the dispensaries, sales of marijuana to minors; and
25
WHEREAS, there is a need for an additional tool for enforcement against the establishment
26 of marijuana dispensaries due to an influx of businesses opening up in violation of San Bernardino
Development Code Section 19.06.026; and
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P:\LUCZAK\CODE\Urgency Ord MJ. wpd
MC-1348
1 AN URGENCY ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING
SAN BERNARDINO MUNICIPAL CODE CHAPTER 5.05 PROHIBITING THE
2 ESTABLISHMENT AND OPERATION OF MEDICAL MARIJUANA DISPENSARIES,
DECLARING THE URGENCY THEREOF, AND TAKING EFFECT IMMEDIATELY.
3
WHEREAS, for these reasons and those provided during the hearing on this Ordinance, the
4 Mayor and Common Council finds that there is a current and immediate threat to the public health,
safety, or welfare, and that the establishment or operation of a medical marijuana dispensary would
5 result in that threat to public health, safety or welfare. The Mayor and Common Council further finds
that the adoption of the Urgency Ordinance prohibiting the establishment or operation of medical
6 marijuana dispensaries is necessary to both protect the public health, safety and welfare and to comply
with Federal law.
7
8
9 NOW THEREFORE, THE MA YORAND COMMON COUNCIL OF THE CITY OF
10 SAN BERNARDINO DO ORDAIN AS FOLLOWS:
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12
Section 1. San Bernardino Municipal Code Chapter 5.05 is hereby added to read as
13 follows:
14
15
5.05 Medical Marijuana Dispensaries
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17
5.05.010
Medical Marij uana Dispensaries Prohibited
18 It shall be unlawful for any person or entity to establish, own, manage, conduct, or operate
19 any medical marijuana dispensary, as defined in San Bernardino Municipal Code section 19.06.026
20 (Development Code), or to participate as an employee, contractor, agent, volunteer, or in any other
21 manner or capacity, in any medical marijuana dispensary in the City of San Bernardino.
22
23 Section 2: This Ordinance shall in no way limit qualified individuals' rights to possess, use
24 or cultivate marijuana for their own medicinal purposes as is presently authorized by the laws of the
25 State of California as set forth in the applicable provisions of California Health and Safety Code
26 Section 11362.5 et seq.
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P:\LUCZAK\CODE\Urgency Ord MJ. wpd
MC-1348
1 AN URGENCY ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING
SAN BERNARDINO MUNICIPAL CODE CHAPTER 5.05 PROHIBITING THE
2 ESTABLISHMENT AND OPERATION OF MEDICAL MARIJUANA DISPENSARIES,
DECLARING THE URGENCY THEREOF, AND TAKING EFFECT IMMEDIATELY.
3
Section 3: This Ordinance is based upon the recitals and findings set forth above, and the
4
accompanying Staff Report and its attachments to this Ordinance, and is adopted pursuant to the
5
authority granted to the City of San Bernardino in Article 11, Section 7 of the California Constitution,
Article III and Section 121 of the Charter of the City of San Bernardino.
6
7
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Section 4: This Ordinance shall take effect immediately upon adoption by the Mayor and
9
Common Council.
10
11
Section 5: Compliance with the California Environmental Quality Act. The Mayor
and Common Council finds that this ordinance is not subject to the California Environmental Quality
12
13
Act (CEQA) pursuant to Sections 15061(b)(3) (the activity will not result in a direct or reasonably
foreseeable indirect physical change in the environment) and 15060( c )(3) (the activity is not a project
as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14,
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Chapter 3, because it has no potential for resulting in physical change to the environment, directly or
17
indirectly.
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19
Section 6: Severability. If any section, subsection, subdivision, sentence, clause or phrase
20
in this ordinance or any part thereof is for any reason held to be unconstitutional, invalid or ineffective
21
by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of
22
the remaining portions ofthis ordinance or any part thereof. The Mayor and Common Council hereby
declares that it would have adopted each section irrespective of the fact that anyone or more
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subsections, subdivisions, sentences, clauses, or phrases be declared unconstitutional, invalid, or
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ineffective.
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P:\LUCZAK\CODE\Urgency Ord MJ.wpd
MC-1348
1 AN URGENCY ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING SAN
BERNARDINO MUNICIPAL CODE CHAPTER 5.05 PROHIBITING THE
2 ESTABLISHMENT AND OPERATION OF MEDICAL MARIJUANA DISPENSARIES,
DECLARING THE URGENCY THEREOF, AND TAKING EFFECT IMMEDIATELY.
3
4
5
I HEREBY CERTIFY that the foregoing Ordinance was duly adopted by the Mayor and
meeting thereof, held
6
Common Council of the City of San Bernardino at a joint regular
on the 4 th day of April
7
8
COUNCIL MEMBERS:
9
MARQUEZ
10
VACANT
11
BRINKER
12
SHORETT
13
KELLEY
14
JOHNSON
15
MC CAMMACK
16
17
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, 2011, by the following vote, to wit:
AYES
NAYS
ABSTAIN ABSENT
x
x
x
x
x
x
a~h.uJJc
RaChel Clark, City Clerk
19
The foregoing Ordinance is hereby approved this ::;: JJ, day of April
20
21
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23 Approved as to form:
24 JAMES F. PENMAN
City Attorney
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P:\LUCZAK\CODE\Urgency Ord MJ.wpd
, 2011.
4
SAN BERNARDINO COUNTY SUN This space for filing stamp only
4030 N GEORGIA BLVD,SAN BERNARDINO,CA 92407
Telephone(909)889-9666 /Fax(909)885-1253
LINDA HARTZEL
SAN BERNARDINO CITY CLERK SBS#:2079055
300 NORTH D STREET SUMMARY OF ORDINANCE
SAN BERNARDINO, CA - 92418 An Urgency OOrdina MC-13 of the City of
San Bernardino adding San
Bernardino Municipal Code Chapter
5.05 prohibiting the establishment and
operation of medical mariivana
dispensaries, declaring the urgency
PROOF OF PUBLICATION immediatelyand taking effect
This ordinance states, "It shall be
unlawful for any person or entity to
(2015.5 C.C.P.) estoperate any medical conduct,
dispensary, as defined in San
State of California ) Bernardino Municipal Code section
County of SAN BERNARDINO )ss 19.06.026 (Development Code), or to
participate as an employee,
contractor,agent, volunteer,or in any
Notice Type: ORDSB-ORDINANCE PUBLICATION-SB other manner or capacity, in any
medical mariivana dispensary in the
City of San Bernardino."
Adopted:April 4,2011
Ad Description: SUMMARY OF ORDINANCE NO.MC-1348 Effective: April 4,2011
VOTE
AYES: Council Members Marquez,
Brinker, Shorett, Kelley, Johnson,
McCammack.
NAYS: None.
ABSENT: None.
I am a citizen of the United States and a resident of the State of California;I am VACANT:Second Ward
CE
over the age of eighteen years,and not a party to or interested in the above ISULAVAILABLE TEXT OF T IIN IS OTHEI N CITY
entitled matter.I am the principal clerk of the printer and publisher of the SAN CLERK'S OFFICE
BERNARDINO COUNTY SUN,a newspaper published in the English language PATRICK J.MORRIS-MAYOR
RACHin the city of SAN BERNARDINO,county of SAN BERNARDINO,and adjudged Approved as toLForm:CITY CLERK
a newspaper of general circulation as defined by the laws of the State of James F.Penman,City Attorney
California by the Superior Court of the County of SAN BERNARDINO,State of 4/11/11
California,under date 06/20/1952,Case No.73084. That the notice,of which SBS-2079055#
the annexed is a printed copy,has been published in each regular and entire
issue of said newspaper and not in any supplement thereof on the following
dates,to-wit:
04/11/2011
Executed on:04/11/2011
At Los Angeles,California
certify (or declare) under penalty of perjury that the foregoing is true and
correct.
Signature/
II II III III IIIII III IIIII III I I it III III I IIII 1!111 IIIlI IIII IIII
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