TOWN OF YAMPA ORDINANCE NO. 2011-02

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TOWN OF YAMPA

ORDINANCE NO. 2011-02

AN ORDINANCE EXTENDING A TEMPORARY MORATORIUM ON THE CULTIVATION OR SALE OF MEDICAL MARIJUANA IN THE TOWN OF YAMPA; REPEALING ALL CONFLICTING ORDINANCES; AND PROVIDING AN EFFECTIVE DATE.

WHEREAS, the Colorado legislature adopted House Bill 10-1284 in 2010 as amended by House Bill 11-1043 in 2011 concerning the regulation of medical marijuana; and

WHEREAS, on September 1, 2010 the Board of Trustees of the Town of Yampa adopted Ordinance No. 2010-02 prohibiting the sale or cultivation of medical marijuana from the effective date of such ordinance until July 1, 2011 based on the finding that it was is in the public interest and necessary for the preservation of public health, safety and welfare to impose a temporary moratorium on the cultivation or sale of medical marijuana for the purpose of giving the Board of Trustees sufficient time to review House Bill 1284 and to develop local regulation regarding medical marijuana or to prohibit entirely the operation of medical marijuana centers, optional premises cultivation operations and/or medical marijuana-infused products manufactures licenses within the Town of Yampa; and

WHEREAS, pursuant to C.R.S. §12-43.3-103(2) (a), prior to July 1, 2011 a municipality may adopt and enforce a resolution or ordinance prohibiting the cultivation or sale of medical marijuana; and

WHEREAS, pursuant C.R.S. §12-43.3-106, a municipality may prohibit the operation of medical marijuana centers, optional premises cultivation operations, and medical marijuana-infused products manufacturers' licenses.

NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF YAMPA, COLORADO, AS FOLLOWS:

  1. The prohibition on the cultivation or sale of medical marijuana in the Town of Yampa imposed by Ordinance No. 2010-02 is extended to July 1, 2012, unless sooner terminated by an ordinance subsequently adopted. This ordinance shall not apply to any business legally engaged in the cultivation or sale of medical marijuana prior to September 1, 2010.

  2. All ordinances heretofore passed and adopted by the Board of Trustees of the Town of Yampa Colorado are hereby repealed to the extent that said ordinance or parts thereof are in conflict herewith.

  3. The Town Board hereby finds, determines and declares that this ordinance is necessary for the immediate preservation of public peace, health and safety and shall be effective upon passage.

INTRODUCED, READ, ADOPTED AND ORDERED PUBLISHED as provided by law by the Board of Trustees for the Town of Yampa, Colorado at a special meeting held on the 22nd day of June, 2011.

TOWN OF YAMPA, COLORADO

By: _

{S E A L} Mayor

ATTEST: /s/: Janet L. Ray

Janet L. Ray, Town Clerk

Published in the Steamboat Pilot & Today

Publication Date: June 26, 2011

10267036

Published in the Steamboat Pilot & Today Publication Date: June 26, 2011

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