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HomeMy WebLinkAbout2010-05-10 10-185 ORDINANCECOUNCIL ACTION Item No. 1 -i J J Date: May 10, 2010 Item/Subject: Ordinance, Amending the Code of the City of Bangor by Adding Chapter 177 — Medical Marijuana Dispensaries Responsible Department: Legal Commentary: This new ordinance provides security and oversight requirements for medical marijuana dispensaries and cultivation facilities. These requirements were recommended by the Infrastructure Committee at their May 4, 2010 meeting. Department Head Mana er's Comments: u J)14�rt Af ri-Wr rl� � /0 we %�jr I��t��i ll �c°�lin1 �' �✓f�n��i®����r���r,�a��, � �� City Manager Associated InfornWionA Uft�-ql (�atlr�d� «. Budget Approval: Finance Director Legal Approval: City Solicitor Introduced for Passage X First Reading Page _ of _ X Referral to Infrastructure Committee, 5/18/10 @ 5:00 p.m. 10-185 As Amended pi BA,y s. CITY OF BANGOR 9gtED,fi (TITLE.) ORDINANCE, Amending the Code of the City of Bangor by Adding Chapter 177 — Medical Marijuana Dispensaries WHEREAS, on November 3, 2009, the People of the State of Maine enacted the Maine Medical Marijuana Act, 22 M.R.S.A. § 2421 et seq.; WHEREAS, said Act was amended by the State as of April 9, 2010; WHEREAS, Rules Governing the Maine Medical Use of Marijuana Program were adopted by the Maine Department of Health and Human Services effective May 5, 2010: WHEREAS, Section 2428 of that Act contemplates the creation of not-for-profit dispensaries for the provision of marijuana for medical use; WHEREAS, Section 2428(10) allows municipalities to enact reasonable regulations regarding dispensaries and to limit the number of dispensaries allowed; WHEREAS, marijuana has both legitimate medical uses and a history of widespread illegal use and trafficking; and WHEREAS, for the safety, health, and welfare of the citizen of Bangor and others, the dispensing of marijuana requires careful attention and control; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BANGOR THAT, The Code of the City of Bangor be amended as follows: By adding the following: Chapter 177, MEDICAL MARLIUANA DISPENSARIES § 177-1. Legislative findings and declarations. A. Marijuana has both legitimate medical uses and a history of widespread illegal use and trafficking. B. In order to preserve the safety, health, and welfare of the citizens of Bangor and others, the dispensing of marijuana requires careful attention and control, including but not limited to reasonable security and oversight requirements. C. The value of and ready market for illicit marijuana makes theft of marijuana and marijuana plants a significant concern. § 177-2. Definitions. 10-185 As Amended , A. As used in this chapter, the following terms shall have the meanings indicated: REGISTERED CULTIVATION FACILITY -- As defined by Chapter 165, 4 165-13 of this Code. REGISTERED DISPENSARY -- As defined by Chapter 165, 5 165-13 of this Code. B. Terms not defined herein shall have the customary dictionary meaning. § 177-3. Security and Oversight Requirements. A. There shall be no outdoor cultivation of marijuana. B. Alarm systems. All Registered Dispensaries and Registered Cultivation Facilities shall have door and window intrusion alarms with audible and police notification components. C. Exterior security lighting. All Registered Dispensaries and Registered Cultivation Facilities shall have spot lights with motion sensors covering the full perimeter of the facility. D. Video surveillance. All Registered Dispensaries and Registered Cultivation Facilities shall have recorded video surveillance covering all plants and the entire exterior. The recorded video surveillance shall be operating twenty-four hours a day, seven days a week for Registered Cultivation Facilities, and shall be operating at least at all times while the facility is not open to patients for Registered Dispensaries. Records of surveillance shall be kept for a minimum of 30 days. E. A Registered Dispensary or Registered Cultivation Facility may not continue to employ an employee who is convicted of any state or federal controlled substance law while employed at the Registered Dispensary or Registered Cultivation Facility. If a principal officer or board member is convicted of any state or federal controlled substance law while a principal officer or board member of a Registered Dispensary or Registered Cultivation Facility, that Registered Dispensary or Registered Cultivation Facility shall immediately be considered in violation of this Chapter. F. A Registered Dispensary may not be open to the public between the hours of Bpm and lam. G. Sufficient measures must be in place at all times to prevent smoke or odor from exiting a Registered Dispensary or Registered Cultivation Facility. § 177-4. Violations and penalties. Whoever violates the provisions of this chapter shall be punished by a fine of not less than $50 nor more than $500 for each offense, by loss of their City -issued business license, or both. Each day a violation exists shall constitute a separate offense. This Ordinance shall apply retroactively to all actions and proceedings pending on May 10, 2010 notwithstanding the provisions of 1 M.R.S. §302. DF eqNs Asisgned to Councilor - Wheeler May 10, 2010 CITY OF BANGOR 04 IV 4 FEIV (TITLE.) ORDINANCE, Amending the Code of the City of Bangor by Adding Chapter 177 - Medical Marijuana Dispensaries WHEREAS, on November 3, 2009, the People of the State of Maine enacted the Maine Medical Marijuana Act, 22 M.R.S.A. § 2421 et seq.; WHEREAS, said Act was amended by the State as of April 9, 2010; WHEREAS, Rules Governing the Maine Medical Use of Marijuana Program were adopted by the Maine Department of Health and Human Services effective May 5, 2010: WHEREAS, Section 2428 of that Act contemplates the creation of not -far -profit dispensaries for the provision of marijuana for medical use; WHEREAS, Section 2428(10) allows municipalities to enact reasonable regulations regarding dispensaries and to limit the number of dispensaries allowed; WHEREAS, marijuana has both legitimate medical uses and a history of widespread illegal use and trafficking; and WHEREAS, for the safety, health, and welfare of the citizen of Bangor and others, the dispensing of marijuana requires careful attention and control; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BANGOR THAT, The Code of the City of Bangor be amended as follows: By adding the following: Chapter 177, MEDICAL MARI3UANA DISPENSARIES § 177-1. Legislative findings and declarations. A. Marijuana has both legitimate medical uses and a history of widespread illegal use and trafficking. B. In order to preserve the safety, health, and welfare of the citizens of Bangor and others, the dispensing of marijuana requires careful attention and control, including but not limited to reasonable security and oversight requirements. C. The value of and ready market for illicit marijuana makes theft of marijuana and marijuana plants a significant concern. § 177-2. Definitions. to 185 A. As used in this chapter, the following terms shall have the meanings indicated: REGISTERED CULTIVATION FACILITY -- As defined by Chapter 165, § 165-13 of this Code. REGISTERED DISPENSARY -- As defined by Chapter 165, 11165-13 of this Code. B. Terms not defined herein shall have the customary dictionary meaning. § 177-3. Security Requirements. A. There shall be no outdoor cultivation of marijuana. B. Alarm systems. All Registered Dispensaries and Registered Cultivation Facilities shall have door and window intrusion alarms with audible and police notification components. C. Exterior security lighting. All Registered Dispensaries and Registered Cultivation Facilities shall have spot lights with motion sensors covering the full perimeter of the facility. D. Video surveillance. All Registered Dispensaries and Registered Cultivation Facilities shall have recorded video surveillance covering all plants and the entire exterior. The recorded video surveillance shall be operating twenty-four hours a day, seven days a week for Registered Cultivation Facilities, and shall be operating at least at all times while the facility is not open to patients for Registered Dispensaries. Records of surveillance shall be kept for a minimum of 30 days, E. A Registered Dispensary or Registered Cultivation Facility may not continue to employ an employee who is convicted of any state or federal controlled substance law while employed at the Registered Dispensary or Registered Cultivation Facility. If a principal officer or board member is convicted of any state or federal controlled substance law while a principal officer or board member of a Registered Dispensary or Registered Cultivation Facility, that Registered Dispensary or Registered Cultivation Facility shall immediately be considered in violation of this Chapter. § 177-4. Violations and penalties. Whoever violates the provisions of this chapter shall be punished by a fine of not less than $50 nor more than $500 for each offense, by loss of their City -issued business license, or both. Each day a violation exists shall constitute a separate offense. 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