2009-47U Medical Marijuana Dispensaries ORDINANCE NO. 2009-47U
AN INTERIM URGENCY ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF MENIFEE
TEMPORARILY PROHIBITING
MEDICAL MARIJUANA DISPENSARIES
The City Council of the City of Menifee does ordain as follows:
SECTION 1. FINDINGS.
The City Council finds as follows:
A. Medical marijuana dispensaries may pose a current and immediate threat to the
public health, safety and welfare for the following reasons: it is anticipated that the
City may receive a number of applications to establish medical marijuana
dispensaries in the near future, including but not limited to storefront dispensaries
and those for collectives or cooperatives; and
B. Although the Attorney General has issued guidelines for approved uses under state
law, the City does not have zoning regulations which address the establishment of
medical marijuana dispensaries and, absent this ordinance, such dispensaries could
arguably be located in residential areas or in close proximity to schools, churches,
day care centers and other sensitive uses; and
C. Location of such a use in those areas is undesirable because other public entities
have reported that medical marijuana dispensaries may result in loitering, traffic
congestion, parking problems, noise and other harmful secondary effects;
specifically, the Cities of Gardena and Anaheim have studied such a use extensively
to support its ban of such facilities; and
D. The City of Lake Elsinore also has reported the negative consequences of such
facilities that are supported by information from the Riverside County Sheriff's office;
and
E. This ordinance is an interim urgency ordinance extends the urgency ordinance which
remained in effect for 45 days for an additional 10 months and 15 days and may be
further extended pursuant to Section 65858 of the Government Code after notice and
hearing thereof; and
F. The City Council has considered any and all testimony for or against this extension
at a duly noticed public hearing.
SECTION 2: PROHIBITION
(a) During the term of this ordinance and any extension thereof, the establishment of any
medical marijuana dispensary is prohibited in the City and the City shall not issue a permit of
any kind, including a building permit or business license, to any person or entity seeking to
establish such a dispensary. Notwithstanding, this ordinance shall in no way limit the right to
possess, use or cultivate marijuana for medicinal purposes as is presently authorized by the
laws of the State of California as set forth in the Health and Safety Code.
(b) For purposes of this ordinance, the term "medical marijuana dispensary" shall mean
any facility where marijuana is made available for medical purposes in accordance with Health
& Safety Code Section 11362.5 or any State regulations adopted in furtherance thereof, and
includes but is not limited to a home occupation or dispensary operated within a private
residence in the City as well as a dispensary for a collective or cooperative.
(c) For purposes of this ordinance, the word "marijuana" shall have the same meaning
as that set forth in Health & Safety Code Section 11018.
SECTION 3. EFFECTIVE DATE:
Pursuant to Section 65858 of the Government Code, this ordinance is hereby declared
to be an extension of the first urgency measure and shall take effect upon its expiration. It shall
be of no further force or effect 10 months and 15 days thereafter unless extended pursuant to
Government Code Section.65858.
PASSED, APPROVED AND ADOPTED this 21st day of July, 2009, by the following
4/5ths vote:
AYES: A"Wek, 1 `A�� ')
NAYS:
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ABSTAIN: 11R 07--k-
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Wallace
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Wallace W. Edgert , Mayor
Attest:
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Kathy Bennett, City Clerk
Approved as to form:
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Elizabe Marlyn, City Attorney'