HomeMy WebLinkAbout2013 Ordinance No. 017•
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ORDINANCE NO. I 'l
SERIES OF 2013
BY AUTHORITY
COUNCIL BILL NO. 9
INTRODUCED BY COUNCIL
MEMBER WOODW ARD/GILLIT
AN ORDINANCE SUBMITfING TO A VOTE OF THE REGISTERED ELECTORS OF THE
CITY OF ENGLEWOOD AT THE NEXT SCHEDULED MUNICIPAL ELECTION OF
NOVEMBER 5, 2013, AN ADVISORY QUESTION TO BAN THE RETAIL SALE OF
RECREATIONAL MARIJUANA, BAN RECREATIONAL MARIJUANA CULTIVATION
FACILITIES, BAN RECREATIONAL MARIJUANA MANUFACTURING FACILITIES , AND
BAN RECREATIONAL MARIJUANA TESTING FACILITIES.
WHEREAS , the City of Englewood ("City") is a home-rule municipality organized and
existing under the provisions of the Colorado Constitution Article XX ; and
WHEREAS, pursuant to the Constitution, and as further authorized by State statutes , including,
but not limited to C.R.S. Section 31-15-401 , the City has broad authority to exercise its police
powers to promote and protect the health, safety, and welfare of the community and its residents ;
and
WHEREAS, such police powers include the power to regulate the nature and type of businesses
allowed within such community; and
WHEREAS , the voters of Colorado approved Amendment 64 at the 2012 General Election,
which will be codified as Section 16 of Article 18 of the Colorado Constitution, authorizing the
use, display, purchase, transport , and transfer of one ounce or less of recreational marijuana by a
person 21 of age or older; and
WHEREAS , Amendment 64 allows local governments to ban recreational marijuana retail
stores, cultivation facilities , product manufacturing facilities and testing facilities; and
WHEREAS, the ban will not restrict personal use of marijuana as allowed under the Colorado
Constitution, nor shall it affect Englewood's currently licensed medical marijuana businesses ,
primary care-givers , patients, and Code provisions relating thereto.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD , COLORADO, THAT:
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Section 1. There is hereby submitted to the registered electors of the City of Englewood at the
next scheduled municipal election on November 5, 2013 an advisory question, to read as follows:
Question No.
Shall the 'Englewood Municipal Code of the City of Englewood, Colorado ban
the retail sale of recreational marijuana, ban recreational marijuana cultivation
facilities, ban recreational marijuana manufacturing facilities, and ban
recreational marijuana testing facilities; while not restricting personal use and
growth of marijuana as allowed under the Colorado Constitution, nor shall it
affect Englewood 's currently licensed medical marijuana businesses, primary
care-givers, patients, and Code provisions relating thereto?
Yes No ------
Section 2. Each elector voting at said election and desirous of voting shall indicate his/her
choice by depressing the appropriate counter of the voting machine or by the appropriate marking
upon paper ballots where used.
Section 3. The proper officials of the City of Englewood shall give notice of said next
scheduled municipal election, such notice shall be published in the manner and for the length of
time required by law, and the ballots cast at such election shall be canvassed and the result
ascertained, determined, and certified as required by law.
Section 4. Only if the question is approved by the registered electors of the City of
Englewood shall the Englewood Municipal Code be amended.
Section 5. If any section, paragraph, clause, or other portion of this Ordinance is for any
reason held to be invalid or unenforceable, the invalidity or unenf orceability shall not affect any
of the remaining portions of this Ordinance .
Introduced, read in full, and passed on first reading on the 15th day of April , 2013.
Published by Title as a Bill for an Ordinance in the City's official newspaper on the 19th day of
April, 2013.
Published as a Bill for an Ordinance on the City 's official website beginning on the 17th day of
April, 2013 for thirty (30) days.
Read on second reading and amended on May 6 , 2013 .
Published as amended by title in the City 's official newspaper on the 10th day of May, 2013.
Published as amended on the City 's official website beginning on the 8th day of May, 2013 for
thirty (30) days.
Read by title and passed as amended on final reading on the 20th day of May, 2013 .
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• Published by title as amended in the City's official newspaper as Ordinance No ./'!--, Series of
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2013, on the 24th day of May, 2013.
Published by title as amended on the City's official website beginning on the 22nd day of
May, 2013 for thirty (30) days. ~~3:?~
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I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the
above and foregoing is a true copy of the amended Ordinance passed on final reading and
published by title as Ordinance No. _/!;,-Series of 2013 .
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