TOWN OF OAK CREEK ORDINANCE NO. 614

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TOWN OF OAK CREEK

ORDINANCE NO. 614

AN ORDINANCE SUBMITTING TO A VOTE OF THE REGISTERED ELECTORS OF THE TOWN OF OAK CREEK, COLORADO AT THE COORDINATED ELECTION ON NOVEMBER 1, 2011, THE QUESTION OF WHETHER THE PROPOSED INITIATED ORDINANCE PROHIBITING ANY PERSON FROM OPERATING MEDICAL MARIJUANA CENTERS, OPTIONAL PREMISES CULTIVATION OPERATIONS, AND MEDICAL MARIJUANA-INFUSED PRODUCTS MANUFACTURERS' LICENSES IN THE TOWN OF OAK CREEK, COLORADO SHOULD BE ADOPTED.

WHEREAS, in the November 2000 general election, the voters of the State of Colorado adopted Amendment 20 to the Colorado Constitution ("Article XVIII Section 14") which authorizes and limits the sale of medical marijuana for use in the treatment of debilitating medical conditions; and

WHEREAS, since that time, the Colorado General Assembly adopted the Medical Marijuana Code which authorizes a municipality by either a majority of registered electors of the municipality voting at a regular election or a majority of the members of the governing board for the municipality to vote to prohibit the operation of medical marijuana centers, optional premises cultivation operations, and medical marijuana-infused products manufacturers' licenses pursuant to C.R.S Section 12-43-106; and

WHEREAS, a sufficient petition for an initiated ordinance under C.R.S. Article 11, Title 31 prohibiting the operation of medical marijuana centers, optional premises cultivation operations, and medical marijuana-infused products manufacturers' licenses within the Town has been presented pursuant to C.R.S Section 12-43-106; and

WHEREAS, the Board of Trustees has declined to adopt such ordinance and has referred the matter to the registered electors of the Town at the coordinated election on November 1, 2011

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE TOWN OF OAK CREEK, COLORADO:

Section 1. The following question shall be submitted to a vote of the registered electorate of the Town of Oak Creek at the coordinated election on November 1, 2011:

"MEDICAL MARIJUANA QUESTION

SHALL THE PROPOSED INITIATED ORDINANCE PROHIBITING ANY PERSON FROM OPERATING MEDICAL MARIJUANA CENTERS, OPTIONAL PREMISES CULTIVATION OPERATIONS, AND MEDICAL MARIJUANA-INFUSED PRODUCTS MANUFACTURERS' LICENSES IN THE TOWN OF OAK CREEK , COLORADO IN ACCORDANCE WITH THE REQUIREMENTS OF THE COLORADO MEDICAL MARIJUANA CODE; AND RECOGNIZING AND AFFIRMING THE ABILITY OF PATIENTS AND PRIMARY CAREGIVERS TO OTHERWISE BE AFFORDED THE PROTECTION OF ARTICLE XVIII, SECTION 14 OF THE COLORADO CONSTITUTION AND COLORADO LAW BE ADOPTED?

YES _ NO _

Section 2. The provisions of this ordinance and the question authorized to be submitted hereby are severable. If any portion of this ordinance or the question shall be judicially determined to be invalid or unenforceable, such determination shall not affect the remaining provisions of such ordinance or question.

Section 3. All ordinances or parts of ordinances of the Town of Oak Creek, Colorado, in conflict herewith are expressly repealed.

Section 4. This ordinance shall take effect as provided by law.

INTRODUCED, READ, PASSED AND ORDERED PUBLISHED this 28th day of July, 2011

/s/: Nikki Knoebel

Nikki Knoebel, Mayor

ATTEST:

/s/: Karen Halterman

Karen Halterman, City Clerk

Published in the Steamboat Pilot & Today

Publication Date: August 7, 2011

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Published in the Steamboat Pilot & Today Publication Date: August 7, 2011

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