HomeMy WebLinkAbout2013-10-28 13-351 ORDINANCECOUNCIL ACTION
Item No. 13-351
Date: October 28, 2013
Item/Subject: ORDINANCE, Enacting a Moratorium on Certificates of Occupancy for
Facilities Providing Suboxone Treatment
Responsible Department: Legal
Commentary:
This Ordinance would impose a moratorium on permitting facilities providing suboxone treatment
in the City of Bangor for a period of 180 days. This period is intended to allow the necessary
time for the City Council to review the City's current land use regulations in regard to chemical
dependency treatment facilities and, if appropriate, regulate the provision of suboxone treatment
in the City.
Under state law, if necessary, a moratorium may be extended for additional 180 day periods
upon a finding that the problem giving rise to the moratorium continues to exist and reasonable
progress is being made to alleviate the problem.
Department Head
Manager's Comments:
l
City Manager
Associated Information:
Budget Approval:
Finance Director
Legal Approval:
City Solicitor
Introduced for
Passage
x First Reading
Referral
`�� `; 13-351
OCTOBER 289 2013
Assigned to Councilor Baldacci
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CITY. OF BANGOR
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ORDINANCE, Enacting a Moratorium on Certificates of Occupancy for Facilities Providing Suboxone
Treatment
WHEREAS, suboxone is a means of treating opioid dependency;
WHEREAS, facilities prescribing suboxone are currently not regulated by the City of Bangor; and
WHEREAS, suboxone treatment, like methadone treatment, could draw a significant number of people to
Bangor, creating the potential for an overburden on public facilities;
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BANGOR AS FOLLOWS, THAT
A moratorium on the issuance of certificates of occupancy for facilities providing suboxone treatment 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
facilities providing suboxone treatment is necessary and warranted.
§ 2. Moratorium on Issuance of Certificates of Occupancy for Facilities Providing Suboxone Treatment.
The Bangor Code Enforcement Office shall not approve any applications for certificates of occupancy
for facilities providing suboxone treatment while this moratorium is in effect.
§ 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 28, 2013
First Reading and Referral to Government Operations
Cittee o No mber 19, 2013
r. CITY CLERK
In City Council
NovemberA3, 2013
Motion made and seconded to
until the 11/25/13 Council.
Passed l
DEPUTY CITY CLERK
IN CITY COUNCIL
November 25, 2013
Motion made and seconded to
Pass.
4
CITY CLfRK
13-351
OCTOBER 28, 2013
Memorandum
To: Government Operations Committee
From: Paul Nicklas, Assistant City Solicitor
Date: October 22, 2013
Re: Suboxone Treatment Facilities
Suboxone, like methadone, is used to treat opioid dependency. Unlike methadone, facilities
providing suboxone treatment are not currently regulated by the City. In the past, suboxone
was primarily prescribed by doctors, but some methadone treatment facilities have now
expanded to include suboxone treatment as well.
This Ordinance would impose a moratorium on permitting facilities providing suboxone
treatment in the City of Bangor for a period of 180 days. This period is intended to allow the
necessary time for the City Council to review the City's current land use regulations in regard to
chemical dependency treatment facilities and, if appropriate, regulate the provision of
suboxone treatment in the City.
Under state law, if necessary, a moratorium may be extended for additional 180 day periods
upon a finding that the problem giving rise to the moratorium continues to exist and
reasonable progress is being made to alleviate the problem.