2014/05/28 Council Agenda Packet

ORDINANCE NO. An Ordinance related to cannabis nuisances, amending Ordinance No. 3309-12. Whereas, the City Council adopted Ordinance No. 3309-12 declaring certain cannabis activities to be nuisances, but included a sunset provision to re -visit the issue; and Whereas, the State Legislature did not rectify the medical cannabis statutes and the recreational marijuana statutes in the 2014 Legislative Session; and Whereas, the City anticipates that the State Legislature will take action in the future to harmonize the recreational and medical systems and the City would anticipate revisiting the issue at that time; and Whereas, during the time that Ordinance No. 3309-12 has been effective, the City has not experienced cannabis activities which have constituted nuisances, has not had to take enforcement action, and believes that the current approach is still appropriate and should be continued; NOW, THEREFORE, THE CITY OF EVERETT DOES ORDAIN: Section 1. The City Council intends to renew Ordinance No. 3309-12 and intends for the provisions of that Ordinance to be in full force and effect going forward, except as expressly modified by this Ordinance. Section 2. Section 11 of Ordinance No. 3309-12 is hereby repealed. Section 3. Severability Should any section, subsection, paragraph, sentence, clause, phrase, or portion of this Ordinance or its application to any person or situation, be declared unconstitutional, invalid for any reason, or preempted by state or federal law or regulations, such decision shall not affect the validity of the remaining portions of this Ordinance or its application to any other persons or situations. The City Council hereby declares that it would have adopted this Ordinance and each section, subsection, paragraph, sentence, clause, phrase, or portion thereof irrespective of the fact that any one or more sections, subsections, paragraphs, sentences, clauses, phrases, or portions be declared unconstitutional, invalid, or preempted. Page 1 of 2