HomeMy WebLinkAboutAgenda Report - March 2, 2011 J-01AGENDA ITEM J-01
CITY OF LODI
COUNCIL COMMUNICATION
M
AGENDA TITLE: Ordinance No. 1843 Entitled, "An Ordinance of the City Council of the City of Lodi
Amending Lodi Municipal Code Title 9 — Public Peace, Morals, and Welfare — by
Adding Chapter 9.30, `Medical Marijuana Dispensaries"'
MEETING DATE: March 2,2011
PREPARED BY: City Clerk
RECOMMENDED ACTION: Motion waiving reading in full and (following reading by title)
adopting the attached Ordinance No. 1843.
BACKGROUND INFORMATION: Ordinance No. 1843 entitled, "An Ordinance of the City Council of
the City of Lodi Amending Lodi Municipal Code Title 9 — Public
Peace, Morals, and Welfare —by Adding Chapter 9.30, `Medical
Marijuana Dispensaries,"' was introduced at the regular City Council
meeting of February 16, 2011.
ADOPTION: With the exception of urgency ordinances, no ordinance may be passed within five days of
its introduction. Two readings are therefore required — one to introduce and a second to adopt the
ordinance. Ordinances may only be passed at a regular meeting or at an adjourned regular meeting;
except for urgency ordinances, ordinances may not be passed at a special meeting. Id. All ordinances
must be read in full either at the time of introduction or at the time of passage, unless a regular motion
waiving further reading is adopted by a majority of all council persons present. Cal. Gov't Code§ 36934.
Ordinances take effect 30 days after their final passage. Cal. Gov'fCode§ 36937.
This ordinance has been approved as to form by the City Attorney.
FISCAL IMPACT: None.
FUNDING AVAILABLE: None required.
RJ/jmr
Attachment
APPROVED:
Randi Johl
City Clerk
Konradt Bartlam, City Manager
N:1Administration\CLERK\CouncillCOUNCOM1Ordinancel . DOC
ORDINANCE NO. 1843
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF LODI AMENDING LODI MUNICIPAL CODE
TITLE 9 — PUBLIC PEACE, MORALS, AND WELFARE —
BY ADDING CHAPTER 9.30, "MEDICAL MARIJUANA
DISPENSARIES"
-------------------------------------------------------------------
-------------------------------------------------------------------
BE IT ORDAINED BYTHE CITY COUNCIL OF THE CITY OF LODI AS FOLLOWS:
SECTION 1. Lodi Municipal Code Title 9 — Public Peace, Morals, and Welfare — is
hereby amended by adding Chapter 9.30, "Medical Marijuana Dispensaries," to read as
follows:
CHAPTER 9.30
MEDICAL MARIJUANA DISPENSARIES
SECTIONS:
9.30.010 Definitions
9.30.020 Establishment and Operation of Medical Marijuana Dispensaries
Prohibited
9.30.030 Public Nuisance
9.30.040 Civil Penalties
Section 9.30.010 Definitions.
Forthe purposes of this chapter, the following definitions shall apply:
A. "Medical Marijuana" is marijuana authorized in strict compliance with Health and
Safety Code Section 11362.5, et seq.
B. "Medical Marijuana Dispensary" means any facility or location, whether fixed or
mobile, where medical marijuana is cultivated or by any means made available to,
distributed by, or distributed to two (2) or more of the following: a qualified patient, a
person with an identification card, or a primary caregiver in strict accordance with Health
and Safety Code Sections 11362.5, et seq., and 11362.7, et seq.
A medical marijuana dispensary shall not include the following uses, so long as such
uses comply with this code, Health and Safety Code Section 11362.5 et seq., and other
applicable law:
A clinic licensed pursuant to Chapter 1 of Division 2 of the Health and
Safety Code.
2. A health care facility licensed pursuant to Chapter 2 of Division 2 of the
Health and Safety Code.
3. A residential care facility for persons with chronic life-threatening illness
licensed pursuant to Chapter 3.01 of Division 2 of the Health and Safety
Code.
4. A residential care facility for the elderly licensed pursuant to Chapter 3.2
of Division 2 of the Health and Safety Code.
5. A hospice or a home health agency licensed pursuant to Chapter 8 of
Division 2 of the Health and Safety Code.
C. "Person with an identification card" shall have the meaning as set forth in Health
and Safety Code Section 11362.7, and as may be amended.
D. "Primary caregiver" shall have the meaning as set forth in Health and Safety
Code Section 11362.7, and as may be amended.
E. "Qualified patient" shall have the meaning as set forth in Health and Safety Code
Section 11362.7, and as may be amended.
Section 9.30.020 Establishment and Operation of Medical Marijuana Dispensaries
Prohibited.
No person shall establish, operate, or permit the establishment or operation of a medical
marijuana dispensary in or upon any premises in the City of Lodi.
Section 9.30.030 Public Nuisance.
Any use or condition caused, or permitted to exist, in violation of any provision of this
Chapter 9.30 shall be; and hereby is declared to be a public nuisance and may be
summarily abated by the City pursuantto Code of Civil Procedure Section 731.
Section 9.30.040 Civil Penalties.
In addition to any other enforcement permitted by this Chapter 9.30, the City Attorney
may bring a civil action for injunctive relief and civil penalties pursuantto Chapter 1.10 of
this code against any person or entity that violates this Chapter 9.30. In any civil action
brought pursuant to this Chapter 9.30, a court of competent jurisdiction may award
reasonable attorneys fees and costs to the prevailing party.
SECTION 2. This ordinance is not intended to and shall not be construed or given
effect in a manner which imposes upon the City, or any officer or employee thereof, a
mandatory duty of care towards persons or property within the City or outside of the City
so as to provide a basis of civil liability for damages, except as otherwise imposed by
law.
SECTION 3. All ordinances and parts of ordinances in conflict herewith are repealed
insofaras such conflict may exist.
SECTION 4. This ordinance shall be published onetime in the "Lodi News Sentinel," a
daily newspaper of general circulation printed and published in the City of Lodi, and shall
be in force and take effect 30 days from and after its passage and approval.
2
Approved this 2"d. day of March, 2011.
BOB JO
Mayor
Attest:
RANDI ity Clerk
State of California
County of San Joaquin, ss.
I, Randi Johl, City Clerk of the City of Lodi, do hereby certify that Ordinance
No. 1843 was introduced at a regular meeting of the City Council of the City of Lodi held
February 16, 2011, and was thereafter passed, adopted, and ordered to print at a
regular meeting of said Council held March 2, 2011, by the following vote:
AYES: COUNCIL MEMBERS — Katzakian, Nakanishi, and
Mayor Johnson
NOES: COUNCIL MEMBERS — None
ABSENT: COUNCIL MEMBERS— Hansen and Mounce
ABSTAIN: COUNCIL MEMBERS— None
further certify that Ordinance No. 1843 was approved and signed by the Mayor
on the date of its passage and the same has been published pursuantto law.
&JOHL
City Clerk
Approved as to Form:
D. STEPHEN SCHWABAUER
City Aft.Orney, City of Lodi
�13. MAGDICH
City Attorney
3