Ordinance 1673 - Emergency Ordinance - Prohibits Marijuana Facilities in the City for 90 DaysORDINANCE NO. 1673
AN ORDINANCE PROHIBITING ANY PROPERTY IN THE CITY OF KALISPELL TO
BE USED BY A CAREGIVER, AS DEFINED BY MCA 50-46-102, TO GROW,
MANUFACTURE, PRODUCE, OR DISTRIBUTE MARIJUANA FOR A PERIOD OF
NINETY DAYS, FINDING SUCH TEMPORARY PROHIBITION TO BE NECESSARY
IMMEDIATELY TO PRESERVE THE PEACE, HEALTH, AND SAFETY OF THE
CITY AND ITS RESIDENTS, REFERRING THE MATTER TO THE CITY OF
KALISPELL PLANNING BOARD AND DECLARING AN EFFECTIVE DATE.
WHEREAS, on November 4, 2004 the voters of the State of Montana passed Initiative
Measure No. 148 which decriminalized the use of marijuana for treatment of
medical conditions and in October, 2009 the Medical Marijuana Act, MCA 50-46
et seq., and the regulatory administrative code section, ARM 37.107 et seq,
became effective; and
WHEREAS, since the effective date of the Medical Marijuana Act there has been enthusiastic
interest expressed and inquiries made to the City regarding the establishment of
medical marijuana facilities that would grow, manufacture, produce or distribute
marijuana within the city limits; and
WHEREAS, the City of Kalispell Zoning Code does not currently address the land use of
medical marijuana facilities; and
WHEREAS, concerned citizens of Kalispell have sent communications to the City Council
asking that particular scrutiny should be applied to the land use regulation of
medical marijuana facilities; and
WHEREAS, the Kalispell City Council has the authority, pursuant to MCA 7-5-104 and KMC
2-26, to enact an emergency ordinance to take effect immediately for a period of
90 days if it finds such measure is necessary to preserve the peace, health and
safety of the city and its residents; and
WHEREAS, the Kalispell City Council hereby finds that an adequate amount of time is
necessary to inquire and determine an appropriate land use regulation for the use
of caregiver facilities that comply with the Montana Medical Marijuana Act and
that a temporary 90 day prohibition for any property in the City of Kalispell to be
used by a caregiver, as defined by MCA 50-46-102, to grow, manufacture,
produce or distribute marijuana is necessary immediately to preserve the peace,
health and safety of the city and its residents; and
WHEREAS, for the reason that the determination of the appropriate land use designation
within the City of Kalispell for medical marijuana caregiver facilities should be
determined as soon as possible, this matter should be immediately referred to the
Kalispell City Planning Board for its review and recommendations.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KALISPELL AS
FOLLOWS:
SECTION I. The use of any property in the City of Kalispell by a caregiver, as defined
by MCA 50-46-102, to grow, manufacture, produce or distribute marijuana
is prohibited for a period of ninety days.
SECTION II. The City of Kalispell Planning Board is hereby directed to consider the
appropriate land use designation within the City of Kalispell for medical
marijuana caregiver facilities and report to the City Council with its
findings and recommendations.
SECTION III. Having found that the temporary prohibition of land use herein stated is
necessary immediately to preserve the peace, health and safety of the city
and its residents, this Ordinance shall become effective immediately.
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF
THE CITY OF KALISPELL THIS 16TH DAY OF FEBRUARY, 2010.
ATTEST:
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Theresa White
City Clerk