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Marijuana - 5.05


5.05.010 Definitions

The following words, terms and phrases, when used in this Chapter, shall have the following meanings unless the context clearly indicates otherwise:

  1. “Medical  marijuana  center,”  “medical  marijuana-infused  products  manufacturer,”  and  “optional premises cultivation operation” shall have the same meanings as set forth in the Colorado Medical Marijuana Code, Article 43.3, C.R.S., as the same may, from time to time, be amended.
  2. “Patient” and “primary caregiver” shall have the same meanings as set forth in Article XVIII, Section 14(1) of the Colorado Constitution.
5.05.020 Findings

The Town Council makes the following findings:

  1. The  Colorado  Medical  Marijuana  Code,  C.R.S.  Section  12-43.3-101, et  seq., clarifies  Colorado law regarding the scope and extent of Article XVIII, Section 14 of the Colorado Constitution.
  2. This  ordinance  is  necessary to protect and  is  enacted  in furtherance of the public  health, safety and welfare of the Town.
  3. This  Chapter  is  intended  to  apply  and  shall  apply  to  all  property,  businesses,  and  business enterprises operating within the Town, whether stationary, mobile or virtual.
5.05.030 Uses prohibited

It is unlawful for any person to operate, cause to be operated or permit to be operated a medical marijuana center, an optional premises cultivation operation, or a medical marijuana-infused products manufacturing facility in the Town. It shall not be defense to this charge that the unlawful use occurred under the name of corporation or other entity, in which case the owners, officers, agents and employees may be held responsible under this section.

5.05.040 Prohibited land use

The use of any property within the town shall be prohibited land use within the Town, and shall not be adequate grounds for consideration under Title 19 of this Code as a permitted use, temporary use or grounds for approval of an application for a variance.

5.05.050 Severability

If any clause, sentence, paragraph, or part of this ordinance or the application thereof to any person or circumstances shall for any reason be adjudged by a court of competent jurisdiction invalid, such judgment shall not affect application to other persons or circumstances.

5.05.060 Penalty

Nuisance Declared.

  1. It is unlawful for any person to violate any of the provisions of this Chapter.  Any such violation is  hereby  designated  a  criminal offense,  and  any  person  found  guilty  of  violating  any  of  the provisions of this Chapter shall, upon conviction thereof, be punished by a fine of up to $1,000 or imprisonment of up to 90 days.  Each day that a violation of any of the provisions of this Chapter continues to exist shall be deemed a separate and distinct violation.
  2. The  conduct  of  any  activity  or  business  in  violation  of  this  Chapter  is  hereby  declared  to  be  a public  nuisance,  which  may  be  abated  pursuant  to  the  provisions  for  the  abatement of  nuisance provided for in Title 4 entitled Public Nuisances of the Rangely Municipal Code.

Section 2. Severance Clause.  If any section, subsection, sentence, clause, or phrase of this Ordinance is for  any  reason  heldto  be  invalid,  such  decision  shall  not  affect  the  validity  of  the  remaining  portion  of this Ordinance.