Chapter 8.35
PSILOCYBIN PROHIBITION
Sections:
8.35.030 Violations and enforcement.
8.35.010 Prohibition.
No person, business or entity may establish a psilocybin facility within city limits. The establishment, maintenance, or operation of a psilocybin facility by a person, business or any other entity within the city in violation of this chapter is declared to be a public nuisance. [Ord. 2022-06 § 1, 2022.]
8.35.020 Definitions.
For the purposes of this chapter, a “psilocybin facility” includes:
(A) A psilocybin product manufacturer required to have a license under ORS 475A.290; and
(B) A psilocybin service center required to have a license under ORS 475A.305. [Ord. 2022-06 § 1, 2022.]
8.35.030 Violations and enforcement.
(A) The establishment, maintenance or operation of a psilocybin facility by a person, business or any other entity within the city in violation of the requirements of this chapter will be subject to any and all enforcement remedies available to the city under law and/or the Cornelius Municipal Code including but not limited to enforcement pursuant to Chapter 8.10 CMC and/or the filing of an appropriate action and pursuit of an appropriate remedy in a court of competent jurisdiction.
(B) The city may abate a nuisance under this chapter either pursuant to Chapter 8.10 CMC or it may pursue any other remedies available to it, including but not limited to an action seeking declaratory relief and/or injunctive relief.
(C) If the city brings an action in either law or equity in any of the courts of this state (including the U.S. District Court for the District of Oregon) other than its municipal court for the enforcement of this chapter, the city shall be entitled to the award of its reasonable attorney fees in the event it is the prevailing party. [Ord. 2022-06 § 1, 2022.]