TC Ord. No. 2013-11 Establishing a Temporary Moratorium on the Operation of Marijuana CultivationTOWN OF AVON, COLORADO
ORDINANCE NO. 13 -11
SERIES OF 2013
AN ORDINANCE ESTABLISHING A TEMPORARY MORATORIUM ON
THE OPERATION OF MARIJUANA CULTIVATION, PRODUCT
MANUFACTURING AND TESTING FACILITIES, RETAIL
MARIJUANA STORES AND MARIJUANA CLUBS
WHEREAS, the Town of Avon ( "Town ") is a home rule municipal corporation created and
organized pursuant to Article 20 of the Colorado Constitution and the Charter of the Town;
WHEREAS, by virtue of Article 20 of the Colorado Constitution, and as further authorized
by state law, including, but not limited to, Sections 31 -15 -401 and 31 -23 -301 of the Colorado
Revised Statutes, the Town has broad authority to exercise its police powers to promote and
protect the health, safety, and welfare of the community and its citizens;
WHEREAS, pursuant to Section 31 -23 -301 of the Colorado Revised Statutes, such police
powers include the power to regulate the location and use of land within the community for
trade, industry, or other purposes;
WHEREAS, Section 29 -20 -104 of the Colorado Revised Statutes grants home rule cities the
authority to plan for and regulate the planned and orderly use of land on the basis of the impact
thereof on the community;
WHEREAS, the Town possesses the power and authority to impose a temporary suspension
and delay in the acceptance and processing of certain applications and approvals in order to
study all factors impacting the land use scheme and to develop regulations;
WHEREAS, planning, land use, and general business regulation are well - established as
purely matters of local concern;
WHEREAS, the Town is additionally authorized to manage and control all Town owned or
leased property;
WHEREAS, on November 6, 2012 Colorado voters approved Amendment 64, Personal Use
and Regulation of Marijuana, which adds a new Section 16 to Article XVIII of the Colorado
Constitution;
WHEREAS, pursuant to Amendment 64, a "locality," defined to include a municipality,
may "prohibit the operation of marijuana cultivation facilities, marijuana product manufacturing
facilities, marijuana testing facilities, or retail marijuana stores through the enactment of an
ordinance;"
WHEREAS, pursuant to Amendment 64, the Town may also prohibit or otherwise regulate
the possession, consumption, use, display, transfer, distribution, sale, transportation, or growing
of marijuana on or in Town owned or leased property;
Ord 13 -11 Temporary Moratorium on Retail Marijuana
August 27, 2013
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WHEREAS, the Town Council instructs Town staff to review state regulatory provisions,
when available, and assemble information about best practices used by other communities
pertaining to marijuana cultivation facilities, marijuana product manufacturing facilities,
marijuana testing facilities, and retail marijuana stores and thereafter report to Town Council
such information as deemed appropriate;
WHEREAS, the Town Council finds and determines that a moratorium on commercial
marijuana establishments will allow Town staff and Town Council the time to investigate the
Town's ability to permanently regulate marijuana establishments, and to consider and potentially
develop appropriate regulations as directed by the Town Council;
WHEREAS, the Town Council finds that due to the uncertainty in state regulation, the
complexity of zoning and community planning issues, the complexity of locally regulating retail
marijuana establishments, the need for community input and appropriate public process, and the
need to gather additional data and information concerning the positive and negative impacts
associated with permitting and regulating retail marijuana establishments and other forms of
commercial marijuana uses and businesses, that a temporary moratorium until September 30,
2014 is a reasonable timeframe;
WHEREAS, it is the Town Council's opinion that the health, safety and welfare of the
citizens of the Town of Avon would be enhanced and promoted by the adoption of this
ordinance; and
WHEREAS, approval of this Ordinance on first reading is intended only to confirm that the
Town Council desires to comply with state law, the Avon Municipal Code and the Avon Home
Rule Charter by setting a public hearing in order to provide the public an opportunity to present
testimony and evidence regarding the application and that approval of this Ordinance on first
reading does not constitute a representation that the Town Council, or any member of the Town
Council, supports, approves, rejects, or denies the proposed amendment to the Avon Municipal
Code.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN
OF AVON, COLORADO the following:
Section 1. Recitals Incorporated. The above and foregoing recitals are incorporated herein
by reference and adopted as findings and determinations of the Town Council.
Section 2. Temporary Suspension and Delay Enacted. Effective as of the effective date of
this Ordinance and no later than June 1, 2013, the Town hereby imposes a temporary suspension
and delay in the acceptance, processing, and approval of all applications for any Town of Avon
permit, license, or any other application pertaining to the operation of marijuana cultivation
facilities, marijuana product manufacturing facilities, marijuana testing facilities, retail marijuana
stores, and marijuana clubs (collectively "marijuana establishments "). This temporary
suspension and delay shall automatically terminate at midnight on June 1, 2014, unless
terminated earlier by the Town Council or extended in its duration by the enactment of another
ordinance. This Ordinance and the temporary suspension and delay imposed hereby shall be
self - executing without further action by the Town or its Town Council.
Ord 13 -11 Temporary Moratorium on Retail Marijuana
August 27, 2013
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Section 3. Severability. If any provision of this Ordinance, or the application of such
provision to any person or circumstance, is for any reason held to be invalid, such invalidity shall
not affect other provisions or applications of this Ordinance which can be given effect without
the invalid provision or application, and to this end the provisions of this Ordinance are declared
to be severable. The Town Council hereby declares that it would have passed this Ordinance and
each provision thereof, even though any one of the provisions might be declared unconstitutional
or invalid. As used in this Section, the term "provision" means and includes any part, division,
subdivision, section, subsection, sentence, clause or phrase; the term "application" means and
includes an application of an ordinance or any part thereof, whether considered or construed
alone or together with another ordinance or ordinances, or part thereof, of the Town.
Section 4. Effective Date. This Ordinance shall take effect thirty (30) days after public
notice following final passage in accordance with Section 6.4 of the Avon Home Rule Charter.
Section 5. Safetv Clause. The Town Council hereby finds, determines and declares that
this Ordinance is promulgated under the general police power of the Town of Avon, 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 Town Council further determines that the Ordinance bears a rational relation to the
proper legislative object sought to be obtained.
Section 6. No Existing Violation Affected. Nothing in this Ordinance shall be construed to
release, extinguish, alter, modify, or change in whole or in part any penalty, liability or right or
affect any audit, suit, or proceeding pending in any court, or any rights acquired, or liability
incurred, or any cause or causes of action acquired or existing which may have been incurred or
obtained under any ordinance or provision hereby repealed or amended by this Ordinance. Any
such ordinance or provision thereof so amended, repealed, or superseded by this Ordinance shall
be treated and held as remaining in force for the purpose of sustaining any and all proper actions,
suits, proceedings and prosecutions, for the enforcement of such penalty, liability, or right, and
for the purpose of sustaining any judgment, decree or order which can or may be rendered,
entered, or made in such actions, suits or proceedings, or prosecutions imposing, inflicting, or
declaring such penalty or liability or enforcing such right, and shall be treated and held as
remaining in force for the purpose of sustaining any and all proceedings, actions, hearings, and
appeals pending before any court or administrative tribunal.
Section 7. Publication by Posting. The Town Clerk is ordered to publish this Ordinance by
posting notice of adoption of this Ordinance on final reading by title in at least three public
places within the Town and posting at the office of the Town Clerk, which notice shall contain a
statement that a copy of the ordinance in full is available for public inspection in the office of the
Town Clerk during normal business hours.
[SIGNATURE PAGE FOLLOWS]
Ord 13 -11 Temporary Moratorium on Retail Marijuana
August 27, 2013
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INTRODUCED, APPROVED, PASSED ON FIRST READING, ORDERED POSTED
AND REFERRED TO PUBLIC HEARING and setting such public hearing for August 27,
2013 at the Council Chambers of the Avon Municipal Building, located at One Lake Street,
Avon, Colorado, on August 13, 2013.
rg��&'LVWA 7te Published by post
Rich Carroll, Mayor
places in Town.
ATTEST: APPR VEDAS TO FO
NORADD. a
Patty "nny, T y Clerk Eric J. e' own Attorney
INTRODUCED, FINALLY APPROVED, AND PASSED ON SECOND READING, AND
ORDERED PUBLISHED BY POSTING on August 27, 2013.
Ri&tarroll, Mayon
Published by posting by title in at least three public places in Town.
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Ord 13 -11 Temporary Moratorium on Retail Marijuana
August 27, 2013
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