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Whereas, illegal cannabis activities endanger the comfort, repose, health, and safety of the <br />City's citizens and therefore constitute a nuisance; and <br />Whereas, the associated impacts of medical cannabis activities, even when consistent with the <br />affirmative defenses contained in Chapter 69.51A, are likely to present issues of public safety <br />and odor for surrounding properties, as well as for the property on which such activities exist, <br />and issues of public welfare and the protection of minors, both of which are minimized when <br />such activities are located in industrial use zones; and <br />Whereas, the City wishes to minimize potential impacts arising from the operation of collective <br />gardens; and <br />Whereas, the City is precluded from licensing and/or permitting medical cannabis activities <br />because the activities remain illegal under state and federal law and therefore cannot utilize <br />typical regulatory tools; and <br />Whereas, unless regulations declaring certain activities a nuisance are adopted, the City lacks <br />the necessary tools to address associated impacts of medical cannabis activities and their effects <br />on public health, safety, and welfare; <br />NOW, THEREFORE, THE CITY OF EVERETT DOES ORDAIN: <br />Section 1. Findings of Fact <br />A. The "Whereas" provisions above shall constitute Findings of Fact and are incorporated <br />by reference as if fully set forth herein. <br />B. The City Council finds that the production, manufacture, processing, delivery, <br />distribution, possession, or use of cannabis for medical purposes for which there is an affirmative <br />defense under state law may be a nuisance by unreasonably annoying, injuring, or endangering <br />the comfort, repose, health, or safety of others; by being unreasonably offensive to the senses; by <br />being an unlawful act; or by otherwise violating municipal regulations, federal law, or state law. <br />Section 2. Definitions. <br />For the purposes of this Ordinance, the following words shall have the following meanings: <br />A. "Cannabis" or "Marijuana" means all parts of the plant Cannabis, commonly known as <br />marijuana, whether growing or not; the seeds thereof; the resin extracted from any part of the <br />plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its <br />seeds, or resin. <br />B. "Cannabis Garden" means any place, area, or garden where cannabis is produced or <br />processed and either (1) the person producing or processing the cannabis is not a qualifying <br />Page 2 of 6 <br />