ORDINANCE NO. 2009-57

A BILL

FOR AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AURORA, COLORADO, DECLARING A MORATORIUM ON THE ISSUANCE OF ANY CITY PERMITS OR LICENSES RELATED TO THE CULTIVATION, POSSESSION, DISPENSING, OR SALE OF CANNABIS SATIVA (MEDICAL MARIJUANA) FOR A PERIOD OF SIX MONTHS

WHEREAS, the Aurora City Council possesses certain police powers as provided for in the City Charter and ordinances pursuant to Article XX of the Colorado Constitution; and,

WHEREAS, City Staff is recommending the passage of a moratorium ordinance based upon the substantial amount of confusion surrounding the medical marijuana issue which manifests itself at the local, state and federal level; and,

WHEREAS, there are numerous and often conflicting opinions being generated at every level of government concerning the applicability of medical marijuana entitlements in relation to the health, safety and welfare powers granted to Colorado Home Rule cities; and,

WHEREAS, “medical marijuana” related permits, licenses, or uses are not permitted under the current licensing regulations of the City; and

WHEREAS, Aurora’s City officials and elected Council members wish to have a reasonable period of time to study and consider the best method of dealing with all aspects of this issue; and,

WHEREAS, the City Council finds and declares that a moratorium is necessary for the immediate preservation of public health and safety; and

WHEREAS, the City Council has authority to issue a moratorium. (Tahoe-Sierra Pres. Council v. Tahoe Reg’l Planning Agency, 535 U.S. 302, 338 (U.S. 2002); Williams v. City of Centeral, 907 P.2d 701 (Colo. Ct. App. 1995)(cert denied); C.R.S. 29-20-104.

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF AURORA, COLORADO:

Section 1. City staff is directed to utilize the six-month moratorium period for the purpose of gathering information, reconciling conflicting viewpoints and opinions and ultimately making a recommendation(s) to the City Council on what legislative and/or regulatory measures should be enacted or adopted in a reasonable timeframe prior to the expiration of the moratorium, but no less than 30 days prior to the expiration of the moratorium.

Section 2. No City permits of any nature whatsoever shall be issued relating to the cultivation, possession, dispensing, or sale of cannabis sativa (medical marijuana) during the six-month moratorium period.

Section 3. All ordinances or parts of ordinances of the City in conflict herewith are expressly suspended during the period of the moratorium.

Section 4. Pursuant to Section 5-5 of the City Charter, the second publication of this ordinance shall be by reference, utilizing the ordinance title. Copies of this ordinance are available at the office of the City Clerk.

INTRODUCED, READ AND ORDERED PUBLISHED this __16^th day of ___November , A.D. 2009.

PASSED AND ORDERED PUBLISHED BY REFERENCE this _________ day of ________________________, A.D. 2009.

______________________________

EDWARD J. TAUER, Mayor

ATTEST:

______________________________

DEBRA JOHNSON, City Clerk

APPROVED AS TO FORM: ______________________________