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Home My WebLink About1312-16 CANNABIS DISPENSING MORATORIUM 1UiiiiiiiiiiiiiiiiiiiiiiIiIiIIILIlIIIIIlIIIIlIuhlMI 2016190881 Rcpt:1819634 Rec: 27.00 DS: 0.00 IT: 0.00 ORDINANCE NO. 1312-16 12/02/2016 J. R. , Dpty Clerk AN ORDINANCE OF THE CITY OF ZEPHYRHILLS, FLORIDA, RELATING TO CANNABIS DISPENSING FACILITIES; ADOPTING FINDINGS OF FACT; PROVIDING DEFINITIONS; IMPOSING A TEMPORARY MORATORIUM ON THE OPENING- OF' ANY' NEW CANNABIS DISPENSING FACILITY; PROVIDING FOR PENALTIES, SEVERABILITY,REPEALER,AND AN EFFECTIVE DATE. WHEREAS, as provided in section 2(b), Article VIII of the Constitution of the State of Florida, and section 166.021(1), Florida Statutes, the City of Zephyrhills, Florida (the "City"), a municipal corporation, enjoys all governmental, corporate, and proprietary powers necessary Ito conduct.municipal government, perform municipal functions, and render_munic ipal services, aid, may exercise any power for municipal purposes, except as expressly prohibited by law; and WHEREAS, as provided in section 166.021(3), Florida Statutes, the governing body Hof each municipality in the state has the power to enact legislation concerning any subject matter upon which the state legislature may act, except when expressly prohibited by law; and WHEREAS, on June 16, 2014, Governor Rick Scott approved CS/CS/SB 1030 creating the Compassionate Medical Cannabis Act of 2014 (Chapter 2014-157, Laws of Florida; codifibd at section 381.986, Florida Statutes; hereinafter referred to as the "Compassionate Use Act"); and WHEREAS;:.the .Compassionate, Use Act legalized the"'cultivation,-production, a Ld dispensing of a low-THC"derivative product of marijuana for"qualified patients";,and WHEREAS,under the Compassionate Use'Act, "qualified patients"are patients sufferi g from cancer or a physical medical condition that chronically produces symptoms of seizures or severe and persistent muscle spasms (e.g., epilepsy or amyotrophic lateral sclerosis ("ALS")); aiid WHEREAS, the Compassionate Use Act provides that physicians may only order low- THC product-for qualified patients if he or she finds that "no other =satisfactory alternati-Ve - treatment option" is available; and WHEREAS, the Compassionate Use Act is implemented by rule of the Florida Department of Health (the "department") under Chapter 64-4, Florida Administrative Code (t Le "compassionate use rules"); and WHEREAS, on November 8 ' of this'year,Florida voters•approved to amend the Florida Constitution to-legalize`the cultivation, production, and dispensing`of medical cannabis for,a broader population of eligible patients; and WHEREAS, Florida laws relating to• the cultivation, production; '.and; dispensing aof cannabis products are rapidly changing — raising substantial questions about whether cannabis- related land uses, as a category of commercial use, may have deleterious and negative second effects on surrounding land uses and communities; and WHEREAS,due to the historical prohibition of marijuana,the City of Zephyrhills,Florida does not currently have any land development regulations governing the use of real property for purposes of cultivating,processing, distributing or selling marijuana or related activities; and WHEREAS, the purpose of this ordinance is to place a temporary moratorium onythe opening of cannabis dispensing facilities within the city limits of the City of Zephyrhills; and WHEREAS, the City Council of the City of Zephyrhills, Florida hereby finds that the temporary moratorium imposed by this ordinance is being imposed for a reasonable duration intended to give the City the time reasonably necessary to investigate the impacts 'of cannabis dispensing facilities, and if necessary, to promulgate reasonable regulations relating to subh establishments; and PAULA S.O'NEIL,Ph.D.PASCO CLERK & COMPTROLLER' 12/02/2016 BK 466m PG OR 1311 Record and Return to: City Clerk's Office 1 5335 8th Street R Zephyrhills, FL 33542 0R BI( 9466 PG 1312 2 of 3 WHEREAS, the City Council of the City of Zephyrhills, Florida hereby finds that this ordinance advances an important government purpose by reducing the likelihood of the unregulated negative secondary effects..of cannabis.dispensing facilities; and WHEREAS, the City Council of the City of Zephyrhills, Florida hereby fmds that this ordinance is in the best interest of the public health, safety, and welfare; and NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Zephyrhills, Florida, as follows: Section 1. Authority. This Ordinan ce is enacted-pursuant to Chapter_163 Florida Statutes, and under the home rule powers of the City. Section 2. Legislative Findings of Fact. The foregoing WHEREAS clauses are hereby adopted as legislative findings of the City Council of the City of Zephyrhills and are ratified and confirmed as being true and correct and are hereby made a specific part of this Ordinance upon adoption hereof. Section 3. Definitions..:. For the purposes of this ordinance,the following words,terms, and phrases,including their respective derivatives, have the following meanings: a. Cannabis means all parts of any plant of the genus Cannabis, whether growing or not; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant or its seeds or resin. b. Cannabis Dispensary means an establishment where derivative product of the cannabis plant, except for low-THC—cannabis;is dispensed at retail:-- _ -- - c. Derivative Product means any form of cannabis suitable for routes of administration. d. Low-THC Cannabis means a plant of the genus Cannabis, the dried flowers of which contain 0.8 percent or less of tetrahydrocannabinol and more than 10 percent of cannabidiol weight for weight;the seeds thereof; the resin extracted from,any part of such plant; or any compound, manufacture, salt, derivative, mixture, or preparation,,of such plant or its seed or resin that is dispensed only,from a dispensing organization approved by the Florida Department of Health pursuant to section 3 81.986,'Florida Statutes. e. Low-THC Cannabis Dispensary means an establishment where low-THC cannabis is dispensed at retail.- Section 4. Temporary Moratorium - Beginning on the effective date of this ordinance and continuing through November 13, 2017,or sooner if provided pursuant to section 5 of this ordinance,a moratorium is hereby imposed on the opening of new cannabis dispensaries and low-THC cannabis dispensaries. During the moratorium, it is unlawful and a violation of this ordinance for any person, firm, or corporation"to open or cause to be opened any cannabis dispensary or low-THC cannabis dispensary within the City of Zephyrhills. Section 5. Expiration of the Temporary Moratorium. The temporary moratorium imposed by section 4 of this ordinance expires as of the earliest of the follow occurrences: a.November 13, 2017; or b. A date before November 13, 2017, if provided by Ordinance of the City Council of the City of Zephyrhills, Florida. 2 OR BK 93466 PG 1313 of 3 Section.6. Repealer. Any and all ordinances in conflict herewith are hereby repealed to the extent of any conflict'. Section'7. Penalties. Any and all violation of the Ordinance shall constitute a separate Class VI offense as et forth in the Uniform Fine and Citation Schedule as adopted by the Sixth Judicial Circuit, and sh 11 be prosecuted as provided in Section 162.21, Florida Statutes. Each violation and each d y constituting a violation shall be fined and prosecuted as a separate offense. Section 8. Severability. It is declared to be the intent of the City Council of the City of Zephyrhills, Florida,that if any section, subsection, sentence, clause, or provision of this ordinance is held invalid, the remainder of the ordinance shall be construed as not having continued the said section, subsection, sentence, clause, or provision and shall not be affected by such holding. Section 9. Inclusion into the Code. It is the intent of the City Council that the provisions of this Ordinance shall become d be made a part of the City of Zephyrhills code, and that the sections of this Ordinance may be renumbered or re-lettered and the word "ordinance" may be changed to "section," "articl ' "regulation," or such other appropriate word or phrase in order to accomplish such intentions. Section 10. Effective Date. This Ordinance shall become effective upon passage on the second reading and signing 1 y the Mayor. �Theaforegoing Ordinance No 1312-16 was read and passed on the first reading in an open an zegular meeting of the City Council of the City of Zephyrhills, Florida, on this 14th day of------ 1pven er,2016 • ( 4C sore L Hillman, City Clerk Kenneth V. Compton, Council President Tfe'foregoing Ordinance No. 1312-16 was read and passed on the second reading, following a public"hearing; in an open and regular meeting of the City Council of the, City of-Zephyrhil s, Florida; on this 14th.day of November, 2016. i - /?} ,�° Attest:� V � `� ` r' ° •\;,Lori L:=Hillman, City Clerk Kenneth V. Compton, Council President The foregoing Ordinance No. 1312-16 was approved by me this 28th day of November,2016. � u Gene tfield, y Approved as to legal form 9and legal content i�Lm�� s��G' - Matthew E. Maggard, ty Attorney 3