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2 <br /> 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 /> • <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 /> • <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 5 <br />