Chapter 9.10
PROHIBITION ON MARIJUANA FACILITIES
Sections:
9.10.030 Violations and enforcement.
9.10.010 Prohibition.
No person, business or entity may establish a marijuana facility within city limits. The establishment, maintenance, or operation of a marijuana facility by a person, business or any other entity within the city in violation of this chapter is declared to be a public nuisance.
History: Ord. 1462 §1, 2015.
9.10.020 Definitions.
In accordance with HB 3400, a “marijuana facility” includes:
(1) Marijuana processing sites registered with the Oregon Health Authority;
(2) Medical marijuana dispensaries registered with the Oregon Health Authority;
(3) Marijuana producers licensed by the Oregon Liquor Control Commission;
(4) Marijuana processors licensed by the Oregon Liquor Control Commission;
(5) Marijuana wholesalers licensed by the Oregon Liquor Control Commission; and
(6) Marijuana retailers licensed by the Oregon Liquor Control Commission.
History: Ord. 1462 §1, 2015.
9.10.030 Violations and enforcement.
(1) The establishment, maintenance or operation of a marijuana 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 Gladstone Municipal Code including, but not limited to, enforcement pursuant to Chapter 8.04 of the Gladstone Municipal Code and/or the filing of an appropriate action and pursuit of an appropriate remedy in a court of competent jurisdiction.
(2) The city may abate a nuisance under this chapter either pursuant to Chapter 8.04 of the Gladstone Municipal Code or it may pursue any other remedies available to it, including, but not limited to, an action seeking declaratory relief and/or injunctive relief.
(3) 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.
History: Ord. 1462 §1, 2015.