HomeMy WebLinkAboutCity of Tamarac Ordinance O-2018-006Temp. Ord. No. 2379
May 9, 2018
Page 1 of 4
CITY OF TAMARAC, FLORIDA
ORDINANCE NO. 0-2018-
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
TAMARAC, FLORIDA AMENDING CHAPTER 24 OF THE CITY'S
CODE OF ORDINANCES, ENTITLED "ZONING" BY CREATING
SECTION 24-9 ENTITLED "MEDICAL MARIJUANA DISPENSING
FACILITIES PROHIBITED"; PROVIDING FOR PURPOSE AND
FINDINGS; PROHIBITING MEDICAL MARIJUANA DISPENSING
FACILITIES WITHIN THE CITY OF TAMARAC; PROVIDING FOR
CODIFICATION; PROVIDING FOR CONFLICTS PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Art. X, 29, Fla. Const., entitled, "Medical Marijuana production,
possession and use," was as passed by the electors of Florida in November 2016 which
amended Florida Constitution to allow the use of marijuana in certain medical
applications; and
WHEREAS, during the 2017 Special Legislative Session, the Florida Legislature
passed Senate Bill 8-A, relating to the Medical Use of Marijuana ("SB-8XJ which
implements the provisions of Art. X, 29, Fla. Const.; and
WHEREAS, Art. X, 29, Fla. Const. defines Medical Marijuana Treatment Centers
("MMTCs"), to mean as an entity that acquires, cultivates, possesses, processes
(including development of related products such as food, tinctures, aerosols, oils, or
ointments), transfers, transports, sells, distributes, dispenses, or administers marijuana,
products containing marijuana, related supplies, or educational materials to qualifying
patients or their caregivers and is registered by the Department (of Health); and
WHEREAS, Governor Scott signed Senate Bill 8-A into law on June 23, 2017, now
known as Chapter 2017-232, Laws of Florida, which substantially amends Section
100192263.1 2704-0501640 }
CODING: Words in strike threug# type are deletions from existing law; Words in
underlined type are additions.
Temp. Ord. No. 2379
May 9, 2018
Page 2 of 4
381.986, Florida Statutes, which provides that "a county or municipality may, by
ordinance, ban medical marijuana treatment center dispensing facilities from being
located within the boundaries of that county or municipality,"; and
WHEREAS, the City Commission, pursuant to the authority provided to the City in
Section 381.986(11), Florida Statutes, desires to enact such a ban which will prohibit
MMTCs from establishing dispensaries within the municipal limits of the City of Tamarac.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA, AS FOLLOWS:
SECTION 1. The foregoing recitals are hereby ratified and confirmed as being true
and correct and are hereby made a specific part of this Ordinance upon adoption hereof.
SECTION 2. Chapter 24 of the City' s Code of Ordinances entitled "Zoning," is
amended by creating Section 24-9 entitled "Medical Marijuana Dispensing Facilities
Prohibited," as follows:
4 24-9 Medical Marijuana Dispensing Facilities Prohibited.
(a) Purpose It is the purpose of this ordinance to prohibit Medical Mariivana
Treatment Centers created under Art. X� 29 of the Florida Constitution
from establishing Medical Marijuana Dispensing Facilities within the
municipal limits of the City of Tamarac.
(b) Findings Based on authority granted to municipalities in Section
381 98601) Florida Statutes the City Commission finds that a ban on the
establishment of medical marijuana treatment center dispensaries within
the City of Tamarac is in the best interest of the City;
(00192263 1 2704-0501640 )
CODING: Words in stFike thFough type are deletions from existing law, Words in
underlined type are additions.
Temp. Ord. No. 2379
May 9, 2018
Page 3 of 4
(c) Prohibition. Medical Marijuana Dispensing Facilities are prohibited within
the boundaries of the City of Tamarac:
SECTION 3. Codification. It is the intention of the City Commission of the City of
Tamarac that the provisions of this Ordinance shall become and be made a part of the Code
of Ordinances of the City of Tamarac, Florida, and that the Sections of this ordinance may
be renumbered, re lettered and the word "Ordinance" may be changed to "Section", "Article"
or such other word or phrase in order to accomplish such intention.
SECTION 4. Conflicts. That all Ordinances or parts of Ordinances, Resolutions or
parts thereof in conflict herewith, be and the same are hereby repealed to the extent of such
conflict.
SECTION 5. Severability. Should any section, provision, paragraph, sentence,
clause of word of this Ordinance or portion hereof be held or declared by any court of
competent jurisdiction to be unconstitutional or invalid, in part or application, it shall be
considered as eliminated and shall not affect the validity of the remaining portions or
applications of this Ordinance.
SECTION 6. Effective Date. This Ordinance shall become effective upon adoption.
(00192263 1 2704-0501"0 )
CODING: Words in strike mutype are deletions from existing law; Words in
underlined type are additions.
�TT
Temp. Ord. No. 2379
May 9, 2018
Page 4 of 4
PASSED, FIRST READING this c� 3
day of
/4
, 2018.
PASSED, SECOND READING this /1
day of
, 2018.
ATTEST:
rVa"Olm—Sle W. .,W.CITY CLERK
I HEREBY CERTIFY that
I have approved this
ORDINANCE as to form:
{
n,SAMOEL S. GOREN
CITY ATTORNEY
�00192263 12704-0501640 Y
BY:
M R HARRY D ESSLER
RECORD OF COMMISSION VOTE: 1ST Reading
MAYOR DRESSLER
DIST 1:
COMM BOLTON
DIST 2:
V/M GOMEZ
DIST 3:
COMM FISHMAN
DIST 4:
COMM PLACKO
RECORD OF COMMISSION VOTE: 2ND Reading
MAYOR DRESSLER 4 &
DIST 1:
COMM BOLTON _411
DIST 2:
V/M GOMEZ
DIST 3:
COMM FISHMAN
DIST 4:
COMM PLACKO
CODING: Words in stFike through type are deletions from existing law; Words in
underlined type are additions.