Ordinance 2017-21

AN EMERGENCY ORDINANCE
PROHIBITING ANY CULTIVATION, PROCESSING,
OR RETAIL DISPENSARIES
WITHIN THE VILLAGE OF MAYFIELD

WHEREAS, the State legislature has passed House Bill 532 legalizing the use or possession of medical marijuana or paraphernalia or accessories by registered patients in Ohio to treat the qualifying medical condition; and

WHEREAS, House Bill 532 created Ohio Revised Code Chapter 3796 codifying the legality of the cultivation, processing and retail distribution within the State of Ohio; and

WHEREAS, R.C. § 3796.29 authorizes local municipalities, through its legislative authority, to adopt an ordinance to prohibit cultivation, processing, or retail dispensaries licensed within the State of Ohio from existing within the municipal Corporation; and

WHEREAS, this Council has previously adopted a moratorium on any such activity through Ordinance Number 2016-28, which expires in July 2017; and

WHEREAS, it is the desire of this Council to prohibit any cultivation, processing or retail dispensaries within the Village of Mayfield as may be authorized in the State of Ohio pursuant to Revised Code Chapter 3796.

NOW, THEREFORE, BE IT ORDAINED by the Council of the Village of Mayfield, County of Cuyahoga, State of Ohio, that:

SECTION 1.  Section 771 of the Codified Ordinances is herein and hereby created to read as follows:

771.01 Prohibition of cultivation, processing or retail dispensaries of medical marijuana

Medical marijuana cultivation, processing or retail distribution as authorized by the Ohio Revised Code Section 3796, is hereby and herein prohibited in all zoning districts within the Village of Mayfield pursuant to the authority granted by the Ohio Revised Code under R.C. Section 3796.29.

SECTION 2. The Council finds and determines that all formal actions of the Council relating to the adoption of this Ordinance have been taken at open meetings of this Council; and that deliberations of this Council and of its committees, resulting in such formal action, took place in meetings open to the public in compliance with all statutory requirements including the requirements of Section 121.22 of the Ohio Revised Code.

SECTION 3.  This Ordinance is hereby declared to be an emergency measure necessary for the immediate preservation of the health, safety and welfare of the residents of Mayfield Village.  It shall, therefore, take effect immediately upon passage by the affirmative vote of not less than five (5) members elected to Council and approval by the Mayor or otherwise at the earliest time allowed by law.