ORDINANCE NO. 910
Regulating the Location and Operation of Marijuana Facilities
WHEREAS, the Oregon Legislature enacted House Bill 3400 in 2015, which allows cities and counties to adopt reasonable conditions on the manner of operation of marijuana producers, wholesalers and retailers;
WHEREAS, under Oregon law, local governments may regulate the operation and location of certain types of businesses within their jurisdiction except when such action has been specifically and expressly preempted by state statute;
WHEREAS, the City Council of the City of Vernonia desires to regulate marijuana facilities in the City to protect and benefit the public health, safety and welfare of existing and future residents and businesses of the City;
WHEREAS, the City Council finds that the unique characteristics of marijuana facilities constitute a nuisance if unregulated; and
WHEREAS, due to the nuisance characteristics, it is necessary to establish particular placement requirements for such operations as reasonable time, place, and manner type conditions.
NOW, THEREFORE, THE CITY OF VERNONIA ORDAINS AS FOLLOWS:
Section 1. Definitions.
“Marijuana” means all or part of the plant Cannabis genus Cannabaceae, whether growing or not; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant or its resin. It does not include the mature stalks of the plant, fire produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil or cake, or the sterilized seed of the plant which is incapable of germination.
“Medical marijuana” refers to marijuana dried, produced, processed, kept, stored, delivered, transferred, dispensed or otherwise provided for the exclusive benefit of and use by a person to mitigate symptoms or effects of person’s debilitating medical condition as defined in ORS 475.302, including any amendments thereto.
“Marijuana facility” means any facility or operation designed, intended or used for the purpose of delivering, processing, dispensing, transferring, smoking, ingesting, offering marijuana related tourist activities or otherwise providing marijuana or medical marijuana.
“Marijuana producer” means an entity licensed by the Oregon Liquor Control Commission to manufacture, plant, cultivate, grow or harvest marijuana.
“Operator” means a marijuana producer, or any person who owns, operates or otherwise has legal responsibility for a marijuana facility. All medical marijuana operators must meet the qualifications established by the Oregon Health Authority, if any, and be approved by the Oregon Health Authority to operate a registry, if applicable. All other marijuana operators must meet the qualifications established by the Oregon Liquor Control Commission and be approved by the Oregon Liquor Control Commission to operate a marijuana facility.
Section 2. Standards of Operation.
a. Location: A marijuana facility shall not be located within 1000 feet of another marijuana facility. Such distance shall be measured between the closest points of the respective lot lines. A marijuana facility shall not be co-located on the same tax lot or within the same building with any marijuana social club, smoking club, or marijuana producer. A marijuana social club or smoking club means an association or organization of persons dedicated to a particular interest or activity related to or concerning marijuana.
b. On Site Use: Marijuana, medical marijuana or tobacco products may not be smoked, ingested, consumed, vaporized (“vaped”), sampled or otherwise used on the premises of a marijuana facility or on the premises used by a marijuana producer to manufacture, plant, cultivate, grow or harvest marijuana.
c. Operating Hours: Operating hours for marijuana facilities shall not be earlier than 8:00 a.m. or later than 10:00 p.m. on the same day.
d. Compliance with Other Laws: Marijuana facilities must comply with all applicable laws and regulations, including, but not limited to, the building and fire codes.
e. Public View: All doorways, windows and other openings shall be located, covered and screened in such a manner to prevent viewing of marijuana products in the interior from any exterior public or semipublic area. Screening shall be such that it does not give the appearance of blight, neglect, or abandoned premises.
f. Signage: Signage for marijuana facilities shall not include logos or illustrations, and shall emphasize identification of the facility without drawing undue attention. All signs depicting the marijuana plant in whole or in part are expressly prohibited.
g. Lighting: Marijuana facilities must maintain adequate outdoor lighting over each exterior door.
h. On Site Manufacturing: Manufacturing or production of any extracts, oils, resins or similar derivatives of marijuana is prohibited at a marijuana facility or on the premises used by a marijuana producer to manufacture, plant, cultivate, grow or harvest marijuana. Use of open flames or gases in the preparation of any product is prohibited at a marijuana facility or on the premises used by a marijuana producer to manufacture, plant, cultivate, grow or harvest marijuana.
i. Storage and Disposal: Outdoor storage of merchandise, raw materials or other materials associated with marijuana use is prohibited. Facilities must securely dispose of marijuana remnants or byproducts. Marijuana remnants or byproducts may not be disposed of in exterior refuse containers.
j. Odor: No Operator shall allow, permit or cause the odor of marijuana to emanate from their premises to any other property. Odor of marijuana is the characteristic of marijuana that may be perceived by the sense of smell. For purposes of this section, every law enforcement officer that is certified by the Oregon Board of Police Standards and Training, is sufficiently trained to identify the odor of marijuana and whose opinion as to the presence of the odor of marijuana shall be presumed affirmative proof thereof.
Section 3. Remedies
a. Failure to comply with the requirements of this Ordinance constitutes a civil infraction. Violations are punishable by fines not to exceed $500.00 per day. Each day a violation continues constitutes a separate offense.
b. In addition to violations of this Ordinance constituting a civil infraction, a violation is also a nuisance, subject to abatement and other remedies provided in the City nuisance ordinances.
c. The remedies provided in this Section are not exclusive and shall not prevent the City from exercising any other remedy available under the law, not shall the provisions of this Ordinance prohibit or restrict any prosecutor from pursuing criminal charges under state or federal law. Such remedies include, but are not limited to, any equitable remedies such as temporary restraining orders or other injunctive relief.
Section 4. Severability.
If any section, subsection, paragraph, sentence or word in this Ordinance is deemed to be invalid or beyond the authority of the City, either on its face or as applied, the invalidity of such provision shall not affect the other sections, subsections, paragraphs, sentences, or words of this Ordinance, and the application thereof; and to that end, sections, subsections paragraphs, sentences and words of this Ordinance shall be deemed severable.
Section 5. Effective Date.
This Ordinance shall take effect thirty (30) days after its passage.
Section 6. Recorder’s Duties.
The City Recorder is hereby directed, upon adoption and authentication, to number this ordinance as the next adopted ordinance of the City of Vernonia.
Ayes: 4 Nays: 0 Abstain: 0 Abssent: 0
Adopted: 2016-04-04 Effective: 2016-05-03
Signed: Randy Parrow, Mayor Attest: Stephanie Borst, City Recorder