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HomeMy WebLinkAbout2024 Ordinance No. 061 1 ORDINANCE COUNCIL BILL NO. 64 NO. 61 INTRODUCED BY COUNCIL SERIES OF 2024 MEMBER WRIGHT AN ORDINANCE AMENDING ENGLEWOOD MUNICIPAL CODE ESTABLISHING REGULATIONS FOR NATURAL MEDICINE BUSINESSES, PERONAL CULTIVATION WHEREAS, in 2022 the voters of the State of Colorado approved by citizen initiative Proposition 122 the Colorado Natural Medicine Health Act decriminalizing psilocybin and psilocin substances and allowing for State of Colorado licensed and regulated natural medicine businesses where psilocybin and psilocin substances can be consumed under the supervision of a facilitator; and WHEREAS, in 2023 the Governor signed Senate Bill 23-290 which created a regulatory structure for the operation and implementation of natural medicine businesses codified as the Natural Medicine Act C.R.S § 44-50-101 through 44-50-904; and WHEREAS, in 2024 the State of Colorado promulgated rules and regulations regarding the licensing requirements for the use, cultivation, services, and manufacture of psilocybin and psilocin substances under the Natural Medicine Health Act; and WHEREAS, the City of Englewood is prohibited from banning natural medicine businesses that are licensed by the State of Colorado within the City; and WHEREAS, the City of Englewood may regulate natural medicines with restrictions on the time, place, and manner of operations; and WHEREAS, it is in the best interests of the City of Englewood to regulate the time, place, and manner of natural medicines to provide safeguards intended to protect natural medicine users, surrounding property owners, and the public. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. Declaration. The City of Englewood finds and declares that the Colorado Natural Medicine Code C.R.S. § 44-50-101 through 44-50-904 specifically authorizes the City to enact an ordinance to regulate the time, place, and manner of natural medicine businesses licensed pursuant to the rules and regulations promulgated by the State of Colorado. The City of Englewood further finds and declares that while C.R.S. § 18-18- 434(9) prohibits the City from adopting "any ordinance, rule, or resolution imposing any greater criminal or civil penalty than provided by this section or that is otherwise in conflict with this section”, no state authority prohibits the City from imposing licensing and regulations on personal cultivation of natural medicine, and therefore the City of Englewood shall exercise its home rule authority to regulate such activities. Docusign Envelope ID: 9C4F8DF3-BAA5-4E97-B397-04F533E8F306 2 Section 2. Amendment of Title 5. Title 5, Chapter 3G to the Englewood Municipal Code is hereby created to read as follows (new provisions underlined): Chapter 3G – NATURAL MEDICINE BUSINESSES 5-3G-1: - Regulations applicable to Natural Medicine Businesses. A. Prohibited Locations. No Natural Medicine Business shall be located (1) outside of a district where the use is permitted pursuant to Table 4-2, Permitted Uses, Title 16 of this Code; and (2) within one thousand five hundred (1,500) feet of a property used for any of the following: childcare center, preschool, elementary, middle, junior or high school, a residential childcare facility, another Natural Medicine Business, and/or a Residential Dwelling Unit. Distances shall be computed by direct measurement from the nearest property line of a land use described above to the nearest portion of the building in which a Natural Medicine Business is located, using a route of direct pedestrian access. B. Hours of Operation. Natural Medicine Businesses shall only operate between the hours of 8:00 a.m. to 5:00 p.m., Monday through Friday. 1. Exception. Neither a Natural Medicine Healing Center nor a Facilitator shall release a Participant that is under the influence of Natural Medicine to the slightest degree that the person is less able than the person ordinarily would have been, either mentally or physically or both, to exercise clear judgment, sufficient physical control, or due care in the safe operation of a vehicle, unless the Participant certifies they will not operate a vehicle for 24 hours and is released to the care of an unimpaired third party. A Natural Medicine Healing Center and Facilitator may continue to provide Participant care and monitoring after 5:00 p.m., until the Participant may be released. C. Business Operations. All Natural Medicine Businesses shall comply with the following business operation regulations: 1. All doorways, windows and other exterior openings accessible by the public shall be screened to prevent a view into any interior space in which Natural Medicine or Natural Medicine Services may be observed. 2. Except for authorized transportation, Natural Medicine Businesses shall only operate within indoor, secured spaces. 3. Primary entrances, parking lots and exterior walkways shall be clearly illuminated with downward facing security lights to provide after-dark visibility. 4. All storage shall be located within a permanent building and may not be located within a trailer, tent, motor vehicle or other temporary structure. 5. Odors, smoke, heat, glare, light or sound from Natural Medicine products shall be confined to the premises and not detectable beyond the property boundaries. Docusign Envelope ID: 9C4F8DF3-BAA5-4E97-B397-04F533E8F306 3 D. Definitions provided in C.R.S. § 44-50-103 and elsewhere within Englewood Municipal Code are incorporated by reference as if fully set forth herein. E. Exception to City license requirement. EMC § 5-1-2 does not apply to Natural Medicine Businesses, as long as licenses are solely issued by the State of Colorado. Section 3. Amendment of Title 5. Title 5, Chapter 33 to the Englewood Municipal Code is hereby created to read as follows (new provisions underlined): Chapter 33 –NATURAL MEDICINE, PERSONAL USE 5-33-1: Personal Cultivation of Natural Medicine License. A. License Required. It shall be unlawful for any person to cultivate Natural Medicine for Personal Use in the City of Englewood without first obtaining a City license issued in accordance with this Title, and paying the license fee established by City Council. B. Conditions and Restrictions of License. 1. The licensee may cultivate Natural Medicine in an area that does not cumulatively exceed twelve feet wide by twelve feet long, or 144 square feet in total, in one or more cultivation areas on a single parcel of Private Property. 2. The licensee may only cultivate Natural Medicine in an enclosed, locked and secured area that is not visible to the public. 3. No one under the age of 21 may access any cultivation area. 4. A licensee must be a minimum of 21 years of age. 5. Any odor related to the cultivation of Natural Medicine shall be confined to the Private Property and not detectable beyond the property boundaries. 6. A licensee shall not sell, or receive any Remuneration, donation, or other benefit in exchange for sharing, giving or providing, Natural Medicine to another. To the extent this Title refers to operation of a business or sales, those provisions are inapplicable. C. Before a license is issued hereunder, the City shall inspect the premises to ensure compliance with applicable City codes and subsection (B) above. A license shall not issue, and cultivation shall be prohibited, until the premises is in compliance. D. Definitions. Definitions provided in C.R.S. § 18-18-434 and elsewhere within Englewood Municipal Code are incorporated by reference as if fully set forth herein. Docusign Envelope ID: 9C4F8DF3-BAA5-4E97-B397-04F533E8F306 4 E. A fine or civil penalty imposed for any violation of this section shall not exceed $1,000 per violation. Section 4. License Fee Amount Established The license fee created by this Ordinance shall be included in the City of Englewood Comprehensive Schedule of Fees and Rates and shall initially be set as follows: Non-refundable Initial Application Fee: $250 Initial License/License Renewal Fee: $500 City Council may revise these initial fees by any official action, including by motion, resolution, or ordinance. Section 5. General Provisions The following general provisions and findings are applicable to the interpretation and application of this Ordinance: A. Severability. If any clause, sentence, paragraph, or part of this Ordinance or the application thereof to any person or circumstances shall for any reason be adjudged by a court of competent jurisdiction invalid, such judgment shall not affect, impair or invalidate the remainder of this Ordinance or its application to other persons or circumstances. B. Inconsistent Ordinances. All other Ordinances or portions thereof inconsistent or conflicting with this Ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict. C. Effect of repeal or modification. The repeal or modification of any provision of the Code of the City of Englewood by this Ordinance shall not release, extinguish, alter, modify, or change in whole or in part any penalty, forfeiture, or liability, either civil or criminal, which shall have been incurred under such provision, and each provision shall be treated and held as still remaining in force for the purposes of sustaining any and all proper actions, suits, proceedings, and prosecutions for the enforcement of the penalty, forfeiture, or liability, as well as for the purpose of sustaining any judgment, decree, or order which can or may be rendered, entered, or made in such actions, suits, proceedings, or prosecutions. D. Safety Clauses. The City Council hereby finds, determines, and declares that this Ordinance is promulgated under the general police power of the City of Englewood, that it is promulgated for the health, safety, and welfare of the public, and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be obtained. This Safety Clause is not intended to affect a Citizen right to challenge this Ordinance through referendum pursuant to City of Englewood Charter 47. Docusign Envelope ID: 9C4F8DF3-BAA5-4E97-B397-04F533E8F306 5 E. Publication. Publication of this Ordinance may be by reference or in full in the City’s official newspaper, the City’s official website, or both. Publication shall be effective upon the first publication by either authorized method. Manuals, Municipal Code, contracts, and other documents approved by reference in any Council Bill may be published by reference or in full on the City’s official website; such documents shall be available at the City Clerk’s office and in the City Council meeting agenda packet when the legislation was adopted. F. Actions Authorized to Effectuate this Ordinance. The Mayor is hereby authorized and directed to execute all documents necessary to effectuate the approval authorized by this Ordinance, and the City Clerk is hereby authorized and directed to attest to such execution by the Mayor where necessary. In the absence of the Mayor, the Mayor Pro Tem is hereby authorized to execute the above-referenced documents. The execution of any documents by said officials shall be conclusive evidence of the approval by the City of such documents in accordance with the terms thereof and this Ordinance. City staff is further authorized to take additional actions as may be necessary to implement the provisions of this Ordinance. G. Enforcement. To the extent this ordinance establishes a required or prohibited action punishable by law, unless otherwise specifically provided in Englewood Municipal Code or applicable law, violations shall be subject to the General Penalty provisions contained within EMC § 1-4-1 but to the extent applicable, shall not exceed the civil or criminal penalty provided in CRS § § 18-18-434. Introduced and passed on first reading on the 2nd day of December, 2024; and on second reading, in identical form to the first reading, on the 16th day of December, 2024. Othoniel Sierra, Mayor ATTEST: _________________________________ Stephanie Carlile, City Clerk I, Stephanie Carlile, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of an Ordinance, introduced and passed in identical form on first and second reading on the dates indicated above; and published within seven days after final passage on the City’s official website for at least thirty (30) days thereafter. The Ordinance shall become effective immediately upon final passage. Stephanie Carlile Docusign Envelope ID: 9C4F8DF3-BAA5-4E97-B397-04F533E8F306