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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 69.51 A, 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 />