HomeMy WebLinkAbout2017-10-23 17-381 ORDINANCETitle, Ordinance
17-381 10/23/2017
CITY COUNCIL ACTION
Council Meeting Date: October 23, 2017
Item No: 17-381
Responsible Dept: Legal
Action Requested: Ordinance Map/Lot: N/A
Enacting a Moratorium on Location or Expansion of Marijuana Caregivers Facilities Where Primary Caregivers
Cultivate Marijuana Plants Within 500 Feet of a School
Summary
This ordinance would enact a moratorium on locating a marijuana caregiver within 500 feet of the property
line of a preexisting public or private school of new or facilities or expansion of existing facilities where primary
caregivers cultivate marijuana plants.
The Maine Legislature recently passed legislation that allows a municipality to enact a moratorium on locating
a marijuana caregiver within 500 feet of the property line of a preexisting public or private school of new or
facilities or expansion of existing facilities where primary caregivers cultivate marijuana plants. This law is
repealed July 1, 2018 thereby giving municipalities time to enact any appropriate ordinances related to locating
a marijuana caregiver facility that includes the cultivation of marijuana plants within 500 feet of the property
line of a preexisting public or private school.
Committee Action
Committee: N/A
Action: N/A
Staff Comments & Approvals
City Manage
Introduced for: First Reading
Meeting Date:
For: Against:
City Solicitor Finance Director
CITY COUNCIL ORDINANCE
Date: October 23, 2017
Assigned to Councilor: Sprague
17-381 10/23/2017
ORDINANCE, Enacting a Moratorium on Location or Expansion of Marijuana Caregivers Facilities Where
Primary Caregivers Cultivate Marijuana Plants Within 500 Feet of a School
WHEREAS, the Maine Medical Use of Marijuana Act prohibits the location of medical marijuana dispensaries
within 500 feet of a school; and
WHEREAS, there is no such prohibition in the statute for primary caregivers who cultivate medical marijuana;
and
WHEREAS, the statute allows a number of medical marijuana caregivers to be in the same facility, each
cultivating up to six marijuana plants; and
WHEREAS, the location of such a facility in close proximity to a school may pose a risk to minors who pass
the facility on their way to and from school; and
WHEREAS, a temporary prohibition on locating or expanding marijuana caregivers facilities where primary
caregivers cultivate marijuana plants within 500 feet of a school is therefore appropriate in order to determine
what regulation, if any, is necessary;
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BANGOR AS FOLLOWS, THAT
A moratorium on locating or expanding marijuana caregivers facilities where primary caregivers cultivate
marijuana plants within 500 feet of a school is enacted as follows:
§ 1. Necessity.
Municipalities are authorized by 30-A M.R.S. § 4356(1) to enact moratoria:
A) to prevent a shortage or an overburden of public facilities that would otherwise occur
during the effective period of the moratorium or that is reasonably foreseeable as a result of
any proposed or anticipated development, or
B) because the application of existing comprehensive plans, land use ordinances or
regulations or other applicable laws, if any, is inadequate to prevent serious public harm from
residential, commercial or industrial development in the affected geographic area.
In accordance with 30-A M.R.S. § 4356(1), the Bangor City Council finds that a moratorium on locating
or expanding marijuana caregivers facilities where primary caregivers cultivate marijuana plants within
500 feet of a school is necessary and warranted.
17-381 10/23/2017
§ 2. Moratorium.
Locating or expanding marijuana caregivers facilities where primary caregivers cultivate marijuana plants
within 500 feet of a school is prohibited in the City of Bangor. Furthermore, no building permit, certificate
of occupancy, or other permit shall be issued for any such use.
§ 3. Term.
This moratorium shall continue for 180 days from the date of passage. It may be extended for
additional 180 day periods in accordance with 30-A M.R.S. § 4356(2) upon a finding by the Bangor City
Council that the problem giving rise to this moratorium continues to exist and reasonable progress is
being made to alleviate the problem giving rise to the need for the moratorium.
IN CITY COUNCIL
OCTOBER 23, 2017
COr 17-381
FIRST READING
CITY CLERK
IN CITY COUNCIL
NOVEMBER 13, 2017
COr' 17-381
MOTION MADE AND SECONDED FOR PASSAGE
VOTE: 9-0
COUNCILORS VOTING YES: DAVITT, GRAHAM, NEALLEY, NICHOLS, PERRY,
SUPICA, TREMBLE, WESTON, SPRAGUE
COUNCILORS VOTING NO: NONE
PASSED
4.„
CITY CLERK