2014/10/01 Council Agenda Packet

hereby directed to review existing zoning, land use, and other regulations applicable within the City and to consider potential amendments to such regulations, after studying the potential impacts on the peace,health, safety, and welfare, to provide that the recreational use of marijuana is permitted to the extent of the law and in a manner which assures adequate protection of the public health, safety, and welfare. Section 4. Term These interim regulations shall be effective November 9, 2014, and shall terminate six months one year after they become effective(May 9, 2014) unless earlier repealed or renewed according to law. • Section 5. Enforcement. Any violation of this Ordinance is subject to enforcement under the provisions of Chapter 1.20 of the Everett Municipal Code or through action of the City Attorney seeking injunctive or other civil relief in any court of competent jurisdiction. The violator will be responsible for costs, including reasonable attorney fees. • Section 6. Conflict In the event there is a conflict between the provisions of this Ordinance and any other City ordinance, the provisions of this Ordinance shall control. Section 7. 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. Section 8. General Duty It is expressly the purpose of this Ordinance to provide for and promote the health, safety, and welfare of the general public and not to create or otherwise establish or designate any particular class or group of persons who will or should be especially protected or benefited by the terms of this Ordinance. It is the specific intent of this Ordinance that no provision or any term used in this Ordinance is intended to impose any duty whatsoever upon the City or any of its officers or employees. Nothing contained in this Ordinance is intended nor shall be construed to create or form the basis of any liability on the part of the City, or its officers, employees, or agents, for any Page 5 of 6 10