montana constitution a local government unit with self...

ORDINANCE NO 1786

AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMANMONTANA CREATING CHAPTER506 AND AMENDING SECTIONS502100504110504040505010 OF THE BOZEMAN MUNICIPAL CODE RELATING TO LICENSING

REQUIREMENTS FOR MEDICAL MARIJUANA TRANSACTIONS CREATING CHAPTER852 PROHIBITING THE DISPLAY CONSUMPTION OR SMOKING OF MEDICAL

MARIJUANA IN PUBLIC AND AMENDING SECTIONS 1820020 Table20118401101840220 AND 1880080 OF TITLE 18 UNIFIED DEVELOPMENT ORDINANCE TO

REGULATE COMMERCIAL ACTIVITIES RELATED TO MEDICAL MARIJUANA TODEFINED DISTRICTS AND IN CONFORMANCE WITH ESTABLISHED STANDARDS

WHEREAS Section 71 101 MCA states As provided by Article XI section 6 of theMontana constitution a local government unit with self government powers may exercise any powernot prohibited by the constitution lacy or charter and

WHEREAS Section 71 104 MCA states The powers of a self government unit unlessotherwise specifically provided are vested in the local government legislative body and may beexercised only by ordinance or resolution and

WHEREAS Section 71 105 MCA states All state statutes shall be applicable to selfgovernment local units until superseded by ordinance or resolution in the manner provided in chapter5 part 1 and subject to the limitations provided in this part and

WHEREAS Section 71 106 MCA states The powers and authority of a local governmentunit with self government powers shall be liberally construed Every reasonable doubt as to theexistence of a local government power or authority shall be resolved in favor of the existence of thatpower or authority and

WHEREAS Section 71 113 MCA states 1 A local government with selfgovernmentpowers is prohibited the exercise of any power in a manner inconsistent with state law oradministrative regulation in any area affirmatively subjected by law to state regulation or control 2The exercise of a power is inconsistent with state law or regulation if it establishes standards orrequirements which are lower or less stringent than those imposed by state law or regulation 3 Anarea is affirmatively subjected to state control if a state agency or officer is directed to establishadministrative rules governing the hatter or if enforcement of standards or requirements established bystatute is vested in a state officer or agency and

finally Adopted ORDINANCE NO 1786 Regarding Medical Marijuana of 16

WHEREAS Title 7 Chpt 5 fart 1 MCA provides standards and procedures for adoption oflocal ordinances and

WHEREAS Title 76 Chpt 2 part 3 MCA authorizes municipalities to enact zoning toregulate the use and development of land and the activities of individuals and businesses within itsboundaries subject to certain standards of procedure and

WHEREAS the voters of the State of Montana adopted Initiative 148 the Medical MarijuanaAct Title 50 Chpt 46 MCA the Act in November 2004 decriminalizing the use of marijuana ifconducted for inedicinal purposes subject to specific legal processes and restrictions and

WHEREAS marijuana continues to be classified as a Schedule I narcotic under the federalControlled Substances Act and is listed as an illegal drug under Montana law such that the growingdistribution and possession of marijuana except as provided for in the Act constitutes criminal

activity and

WHEREAS it is widely understood the use of marijuana pursuant to the Act increasedsignificantly in Montana and elsewhere after the United States Attorney Generals office on October19 2009 issued a memorandum requesting each states United States Attorney to focus their lawenforcement efforts regarding controlled substances on significant traffickers of illegal drugs ratherthan on those whose use of marijuana appears to be in clear and unambiguous compliance withexisting state laws providing for the medical use of marijuana and

WHEREAS in March 2008 the State of Montanas Department of Health and HumanServices had 736 registered qualifying patients and 233 caregivers and in March 2010 the number ofregistered qualifying patients increased to 12081 and the number of caregivers increased to 2797clearly demonstrating a remarkable increase in the prevalence of medical marijuana in Montanascommunities and

WHEREAS as of May 31 2010 Gallatin County Montana had2344 registered qualifyingpatients and 497 caregivers as those terms are defined by the Act and clearly a significant butunknown portion of these patients and caregivers live work travel or conduct business within the cityof Bozeman as the city is a primary economic hub of Gallatin County and

WHEREAS because of this increase especially during the most recent six to nine months thecity of Bozeman has seen a corresponding increase in development of a commercial industrysurrounding medical marijuana and

WHEREAS to address concerns related to this increase in medical marijuana businesses onMarch 11 2010 the City of Bozeman City Commission adopted Ordinance 1782 as a sixmonthinterim zoning ordinance pursuant to authority granted in Section 762306 MCA and

WHEREAS upon adoption of Ordinance 1782 the City of Bozeman City Commissiondirected staff to research and prepare for consideration a permanent ordinance relating to theappropriate regulation and control of medical marijuana within the Bozeman city limits and

Finally Adopted ORDINANCE No 176 Regardbig Medical Marijuana of 16

WHEREAS immediately after adoption of Ordinance 172 the city staff scheduled and heldtwo forums as an opportunity for the citizens of Bozeman to participate in development of longtermsolutions to the increase in the use of medical marijuana within the city of Bozeman and

WHEREAS the city staff also solicited comments ftom members of the Bozeman primaryeducation community local public health officials and from various law enforcement agenciesregarding observations and concerns regarding medical marijuana and

WHEREAS testimony from law enforcement officials indicates the illegal use of marijuana isbecoming more prevalent in Bozeman than it was prior to the October 19 2009 directive from theUnited States Attorney General particularly among young people and

WHEREAS the comment received at the public forums demonstrates many within thecommunity including numerous caregivers support a requirement that any medical marijuana retailestablishment be separated by no less than 1000 linear feet from a school groundsfacility and the CityCommission finds this separation requirements is necessary to control the availability and use ofmarijuana proximate to the communitysschools and

WHEREAS the City Commission finds a legitimate governmental interest exists inprohibiting the display consumption or smoking of marijuana in an open or visible manner on theways of the city open to the public because the inadvertent direct and indirect exposure to marijuanahas the potential to significantly affect the health legal and financial interests of the citizens ofBozeman and

WHEREAS the City Commission finds a legitimate governmental interest in prohibiting thedisplay consumption or smoking of marijuana in an open or visible manner on the ways of the cityopen to the public because the display consumption or smoking of marijuana in an open or visiblemanner is detrimental to the public health safety and general welfare as these acts are visuallyindistinguishable for the general public from the open public smoking of illegal marijuana and theseacts have the potential to lead to an increase in the use of illegal marijuana and

WHEREAS the Commission finds prohibiting the display consumption or smoking ofmarijuana on the ways of the city open to the public in an open or visible manner is vital tomaintaining a community that is free from the negative effects of the illegal use of drugs yet theCommission also recognizes medical marijuana is lawful under state law and nothing in such aprohibition unduly burdens a persons exercise of the privilege of using medical marijuana and

WHEREAS the City Commission finds a prohibition on the open public display smoking orconsumption of medical marijuana on the ways of the city open to the public is narrowly tailored tothese concerns as a prohibition of the open public display smoking or consumption of marijuana in noway reduces a qualifying patients ability to display smoke or consume medical marijuana in a privateresidence or on private property that is beyond the ways of the city open to the public and outside ofpublic view and

WHEREAS the City Commission finds a prohibition on the display consumption or smokingof marijuana on the ways of the city open to the public in an open or visible manner is in keeping withthe spirit of the Act in that the Act currently lists numerous locations where the smoking of medical

Fiaally Adopted ORDINANCE NO 1786 Regarding Medical Marijuana of 16

use of marijuana is specifically prohibited and a prohibition on the open public display smoking orconsumption of medical marijuanauana is consistent with the Acts existing prohibitions and

WHEREAS the Commission intends case law established by the Montana Supreme Courtregarding what constitutes a way of the state open to the public under Title 61 MCA to assist theBozeman Police Department the City Attorney County Attorney and the courts in determiningwhether a location constitutes a way of the city open to the public and

WHEREAS the Commission intends the phrase open or visible manner to include but notbe limited to visual or sensory observations either during the act or within a reasonable time thereafterand

WHEREAS the Commission intends a violation of the prohibition on public display smokingor consumption of medical marijuana on the ways of the city open to the public to be an absoluteliability offense and

WHEREAS since the first medical marijuana related business was licensed in the City ofBozeman in September 2009 the city has experienced an unexpected increase in business licenseapplications relating to commercial activity for medical marijuana and the city currently has 16businesses actively licensed to conduct business related to medical marijuana with several additionalapplications currently in review and

WHEREAS the City Commission understands the need to create specific provisions related tothe licensing of medical marijuana businesses to ensure those businesses and their employees are infull conformance with the Act and the Bozeman Municipal Code and

WHEREAS the Commission intends the requirement that a business engaged in medicalmarijuana be located greater than 1000 feet fi any school facility contained in Ordinance 1782 becontinued in full force and effect with the adoption of this Ordinance without any lapse in time orjurisdiction and

WHEREAS it is also the intent of the Commission that any business licensee who obtainedapproval for the sale or cultivation of medical marijuana from the City of Bozeman Department ofPlanning and Community Development prior to adoption of Ordinance 1782 and who does notconform to the 1000foot separation requirement is subject to the law to be considered a lawfulnonconforming use and furthermore it is the intent of the Commission the limitation imposed bySection I of Ordinance 1782 regarding expanding the number of qualifying patients is no longerapplicable to any such licensee and

WHEREAS the proposed amendments to the Bozeman Municipal Code included in thisordinance have been properly submitted and reviewed and all necessary public notice was given forall public hearings and

WHEREAS the Bozeman Zoning Commission held a public hearing on June 15 2010 toreceive and review all written and oral testimony on the proposal to arnend the Unified DevelopmentOrdinance Title 18 Bozeman Municipal Code and

Finally Adopted ORDINANCE NO 1786 Regarding Medical Marijuana of 16

WHEREAS as shown in Zoning Commission resolution Z 10027 the Bozeman ZoningCommission recommended to the Bozeman City Commission that the proposed text amendments tothe Unified Development Ordinance Title 18 Bozeman Municipal Code be adopted as modified bythe Zoning Commission and

WHEREAS after proper notice the City Commission held a public hearing on July 12 2010to receive and review all written and oral testimony on the request for amendments to Titles 5 8 and18 of the Bozeman Municipal Code and

WHEREAS the Commission made certain amendments to this ordinance at the hearing onJuly 12 2010 including establishing a maximum number of allowable business licenses to be issuedunder Title 5 BMC for the purpose of regulating commercial activity related to medical marijuana inthe city of Bozeman and also stating that absent additional Commission action this limitation on thenumber of business Iicenses shall automatically expire one 1 year from the effective date of thisordinance allowing additional licenses to be issued and

WHEREAS the City Commission reviewed and considered the relevant Unified DevelopmentOrdinance text amendment criteria established by Title 76 Chpt 2 fart 3 MCA and found theproposed Unified Development Ordinance text amendment to be in compliance with the purposes ofzoning as locally adopted in Section 1802040 BMC and

WHEREAS at its public hearing the City Commission found that the proposed UnifiedDevelopment Ordinance text amendments would be in compliance with Bozemans adopted growthpolicy and applicable statutes and would be in the public interest

NOW THEREFORE BE IT ORDAINED by the City Commission of the City of BozemanMontana that

Section 1

The following definitions shall be added to Chapter 502 of the Bozernan Municipal Code

502100 MariivanaUsable Marijuana

and Usable Marijuana Have the meanings as defined in 5046102 MBA

502110 Medical Marijuana

Medical Marijuana means the uses of marijuana described in 5046102 MCA Other phrases hereinsuch as the use of medical marijuana or the medical use of marijuana shall have the same rneanin

All other definitions in Chapter 502 shall remain in effect and shall be sequentially renumbered inalphabetical order

Finally Adopted ORDINANCE NO 1786 Regarding Medical Nlarijuana of 16

Section 2

That504040 ofthe Bozeman Municipal Code shall be amended to read as follows

504040 Exemptions

A No license shall be required of any person or entity for any mere delivery in the city of anyproperty purchased or acquired in good faith from such person or entity as his the person orentitys regular place of business outside the city where no intent by such person is shown toexist to evade the provisions this ordinance

B No license shall be required of any nonprofit organization as defined by this Ordinance

C No license shall be required of any person under 18 years of age

D No license shall be required for any property manager managing or renting less than threerental units

E The exemptions listed in subsections A B C and D of this section do not qpply to atransaction use or business involving Medical Marijuana

Section 3

That 505010 shall be amended to add under SPECIFIC BUSINESSES the following businesslicense fee

Medical Marijuana Registration and License Fee S2500 Special Services and Ref4ulator

Inspection Fee 12500 and Total Fee 15000

Section 4

The following chapter shall be added to Title 5 of the Bozeman Municipal Code

Chapter506

MEDICAL MARIJUANA

Sections

506010 Applicability Failure to Maintain State Authorization

506020 License Application Fee Chan2e Confidentialit

506030 Inspection

506040 Security Requirements

506010 Applicability Failure to Maintain State Authorization

Finally Adopted ORDINANCE NQ 1786 Regarding Medical Marijuana of 16

A For vurposes of this chapter the definitions words phrases and cx ressions as set forth in thischapter are to be construed the same as those set forth in the Montana Medical Marijuana ActTitle 50 Chpt 46 MCA

B Anv individual or enjity licensed under this chapter to conduct any transaction use or businessinvolving Medical Marijuana in addition to the requirements of this cha ter is subject to all otherrequirements of this title the Bozeman Municipal Code and the Montana Medical Marijuana Actand any limits on possession clean air etc and any applicable administrative rules established bthe State Should such rules or laws change any person or entity licensed under this chapter shallimmediately come into compliance with any newly adopted rules

C Notwithstanding the above nothing in the Bozeman Municipal Code shall be construed toauthorize any person or entity to perforrn any act or conduct any ente rise not in conformancewith state or federal law

D Compliance with this Title does not shield any person corporation or other legal entity from therequirements of or enforcement by other governing entities or from civil liabilities

E Each individual or entity issued a license under this chanter shall at all times maintain authorizationfrom the State of Montana under Title 50 Ch t 46 MCA to ac uire possess cultivatemanufacture deliver transfer or transport Medical Marijuana Failure to maintain authorizationunder the Medical Marijuana Act shall be cause for immediate suspension of a license issued underthis chapter and may be cause for revocation or cause for criminal prosecution as provided by law

506020 License Application Fee Change Confidentiali

A Business Licenses Any individual or entity desiring to conduct any transaction use or businessregarding Medical Maiiii ana within the city of Bozeman must first submit and obtain approval foran application for a business license under this chapter from the Director of Finance and pay thefees for such licenses as established by this Title An activity where a duly licensed medicaldoctor engag in the review of a persons medical condition for ur oses of recommending

medical mariivana and who does not provide medical mari to a aualifrngpatient is notsubject to these licensing re uirements but may be subject to other requirements of this code

There shall be the following typ of business licenses related to Medical Marijuana activitiesconducted in the City regardless of whether the Medical Marijuana is sold bartered exchanged orgifted

StorefrontRetail Locations Any person or entity that rovides a location other than theresidence of the persons or entitys qualifying patientswhere a transaction or use relatedto Medical Marijuana is engaged in for more than three3qualifying patients registered bythe State of Montana to the a lcant or the a licants employees or agents shall prior toenga in such transaction or use obtain a Medical Marijuana Store Front license As ofAugust 25 2010 the maximum number of Medical Marijuana Store Front licenses shall be


twenty 20 The limitation on the maximum number of licenses under this subsection shallrepeal automatically one after the effective date of this ordinance

2 Dcliver Any person or entity that delivers Medical Marijuana within the City to more thanthree 3 qualifying atients or another entity regardless of whether the Medical Marijuanais sold bartered exchanged or gifted shall prior to engaging in such activity obtain a

Medical Marijuana Delivery license

3 Growing andor Processing Any person or entity that operates a facility for the puU2ose ofgrowing andor processing medical marijuana shall prior to engaging in such activity obtaina Medical Marijuana Grow License

A person or entity desiring to engage in an activity related to medical marijuana must obtain aseparate license for each activity described above except a person or eqfty obtaining a MedicalMarijuana Store Front license may also under said license deliver medical marijuana from thatlocation without obtaining a separate Medical Marijuana Delivery license

B An application under this chapter in addition to the requirements of504060Bshall include thefollowing

1 The name of all ownersprincipals of the business as Applicable and the name of allagents contractors or employees if any

2 Documentation demonstrating the applicant and all ownersprincipals agents

contractors or employees as applicable that may be involved in transactions regardingMedical Marijuana within the city of Bozeman are registered with the State of Montanaunder Title 50 Ch t 46 MCA and are dul authorized by state law to acquire possesscultivate manufacture deliver transfer or transport Medical Marijuana

3 A sworn statement signed by the applicant verifying the number of ualif n r atients

whieb name the applicant and an other owner rinci pal agent contractor or employeeof theLapplicant as the qualifying patientscaregiver The number of qualifying patientsto be included in the sworn statement shall include all patients who may be registeredwith a caregiver acting as an agent contractor employee or ownerprinciple of thegppl cant

4 A statement addressing low the a alicant will comply with the security requirementprovisions of506040 and

5 Each applicant for a business license shall provide a detailed statement re larding thenature of activities related to Medical Marijuana for which the applicant is engaged inand the specific licensesfor which an application is being submitted

C An individual or entity licensed under this chapter to conduct a transaction use or business

related to Medical Marijuana must within the time period described below inform the Directorof Finance of the occurrence of the following G every 90 days any change to the licensedindividual or entitys number of rg istered qualifyigg patients including those of aprincipalowner agent contractor or employee andor ii evpKy 30 days a change in the

principals of the business or a change of agents contractors or employees If either of theseconditions occur a new statement under506020Biii is required Failure to inform the

Finally Adopted ORDINANCE N4 1786 Regarding Medical Marijuana of 16

Director of Finance of the changes listed herein within the time periods described above shallbe cause for revocation of the license pursuant to504170 and504180

D An application for business license under this cha ter is a public document excep that thenames of all agents em to ees andor contractors and the number of ualif in atients

provided to the city in fulfillment of the requirements of this chapter are to be kgpt on aseparate form and are to be considered confidential by the City unless disclosure is re wired blaw Nothing herein shall prevent a duly authorized agent of the city of Bozeman from sharingt

the information described in this section with other authorized city emplo ees or other state orlocal law enforcement as necessary to perform official duties

E An application for a business license under this chaptersubmitted prior to but not approvedbefore August 25 2010 shall not be subject to the limitation on the maximum number of

licenses but shall be subject to all other provisions of this Title Anyapplication for a licensesubmitted hereunder after August 25 2010 shall be subject to the maximum allowable licenses

and all other provisions of this Title This chapter shall repeal automatically one ear after theeffective date of this ordinance

F A license issued under this chapter is not transferable and the provisions of504080 shall not7 1

506030 Tnspection

In addition to the authorization to inspect under504150 as a condition of receiving a business licenseunder this chapter a city employeeincluding city of Bozeman law enforce rient without noticeduring normal business hours inspect any premise under license pursuant to this chapter to rletelminewhether the licensee is in compliance with the Montana Medical Marijuana Act or any other state orlocal regulation and lnay inspect the number of plants or amount of marijuana or usable marijuana onthe premises or in control of the licensee to detennine whether these amounts corresponds to theamounts established by Title 50 Ch t 46 MCA which the licensee is authorized to lawfull possess

506040 Securi Requirements

Prior to issuance of a license under this cha ter a Medical Marijuana commercial business where an

amount of Marijuana or usable marijuana is stored on the premises be and nonnal business hours orwhere Marijuana is grown in any amount shall be secured at all times by a physical barrier withsuitable locks and also by an electronic barrier or alarm that is designed to detect entry by unauthorizedpersons at any time In addition any Marijuana or Usable Marijuana grown or stored onthe premisesafter normal business hours shall be kept in a security safe incorporated into the buildingsstructure orsecurely attached thereto


Section 5

That a new chapter of the Bozeman Municipal Code Chapter 852 shall be created to read as fellows

Chapter 852

PUBLIC USE AND DISPLAY OF MEDICAL MARIJUANA

Sections

852010 Purpose and Intent

852020 Definitions

852030 Public Display Smoking or Consumption of Medical Marijuana Prohibited

852040 State law superseded andapplicable852050 Violation and Penalty852060 No Private Right of Action

852010 Purpose and Intent

A The purpose of this chapter is to identify acts regarding the medical use ofmari uana within thecity of Bozeman that are not authorized to be conducted in a manner open or visible to thegeneral public In addition the punose of this chapter is to identify that acts related tosmoking consuming or displaying Medical Marijuana in certain Public areas are to be

punishedas criminal acts and as such shall be subject to criminal penalties The ppalose ofestablishing these acts where the use is further limited by the City as criminal is to protect thepublicshealth safety and general welfare

B it is the intent of this chapter that the visible or open display smoking or consumption ofMedical Marijuana is to be confined to private property where that property or portions thereofare not adapted and fitted for public travel or are not in common use by the public

852020 Definitions

A Marijuana has the meaning provided in 5032101 MCA 2009

B Medical Marijuana means the uses of marijuana described in 5046 1025 MCA Otherphrases herein such as the use of medical marijuana or the medical use of marfluana shallhave the same meaning and includes the term usable marijuana

C Ways of the City Open to the Public means any highwayhighwqy road driveway alley lane parkinarea sidewalk park trail or other public or private lace within the city of Bozeman that isadapted and fitted for the use of the public and that is in common use by the public

852030 Public Display Smoking or Consumption of Medical MarijuanaProhibited

No person authorized by Title 50 Chpt 46 MCA to acquire possess cultivate manufacture delivertransfer or transport Medical Marijuana may on the Was of the City Open to the Public dis la

Flnallr Adopted ORDINANCE ND 1786 Regarding Medical Mar ittana of 16

smoke or consume Medical Marijuana in an open or visible manner A violation of this section is anabsolute liability offense

852040 State law superseded and applicable

The provisions of this chapter shall supersede Title 50 Chpt 46 MCA only in so far as this chapterexpands the limitations on the use of Medical Marijuana All other provisions of state law related toMedical Marijuana or Marijuana shall be applicable

852050 Violation and Penalty

A violation of852030 is a misdemeanor and upon conviction a person shall be fined not more thanfive hundred dollars 500 or imprisoned in the Gallatin County Detention Center fora period not toexceed six 6 months or both such tine and imprisonment A person so convicted shall also berequired to pay all costs and expenses ofprosecution and the courts as authorized by law

852060 No Primate Right of Action

Nothing in this chapter shall be construed to createa private light of actionjegarding the acquisitionpossession cultivation manufacture delivery transfer or transport of either Marijuana or MedicalMarijuana

Section 6

That Table 201 in 1820020 Authorized Uses of the Bozeman Municipal Code shall be amended toadd Agriculture as a permitted use in the M2 zoning district as follows

Table 201

Table of Industrial Uses Permitted Uses

BP NI1 NI2

Agriculture P

All other provisions in 1820020 shall remain unchanged

Finally Adopted ORDINANCE NO 1786 RegardingMedical Marijuana of 1 6

Section 7

That Subsection E of 1840110 Home Based Businesses of the Bozeman Municipal Code shall beamended to read as follows

1840110EUses That Are Prohibited The following uses by the nature of their character or theinvestment of operation have a pronounced tendency once started to rapidly increase beyond thelimits permitted for home based businesses and thereby impair the use and value of a residentiallyzoned area for residential purposes Therefore the following uses shall not be permitted as home basedbusinesses adult businesses auto repair minor or major carpentry work dance instruction dentaloffices medical offices Medical Marijuana not meeting the exclusion in 1840220Cmobile oil and

lobe services painting of vehicles trailers or boats private schools with organized classes radio ortelevision repair and upholstering

Section 8

That Chpt 1840 of the Bozeman Municipal Code shall be amended to add the following

1840220 MEDICAL MARIJUANA

Any activity involving Medical Marijuana must meet all requirements of state law including but notlimited to the standards of Title 50 Chapter 46 MCA and limits on possession clean air etc and anyapplicable administrative rules established by the State Should such rules or laws change any MedicalMarijuana faci lity shall immediately begin any required process to come into compliance with the newrules This includes submittal for review of applications to the City of Bozeman as the may relate tozoning business licensing or other municipal programs Compliance with City of Bozeman zoningregulations does not shield any person coMoration or other legal entity from the requirements of orenforcement by other governing entities or from civil liabilities

A Unless specifically exempted any person or an existing or prg o entitV intending to conductactivities which meet the definitions of Agriculture Manufacturing Office or Retail asestablished in Chapter 1880 which is for the purpose of growing processing distributionandor any other activity related to Medical Marijuana shall in addition to this section complywith allother provisions of the Bozeman Municipal Code and shall not be located within 1000linear feet of the exterior property line ofI All schools or facilities owned or operated by Bozeman School District 7 whether

located inside or outside the city limits or2 All private schools not including home schools whether located inside or outside the

city limits which provide instruction in the class range from Kindergarten to grade

and which are either subject to Section 205109 MCA or listed as a Kindergartenprovider by the Gallatin County Spperintendent of Schools

3 For purposes of this section specified distances will be measured in a straight linewithout regand to intervening structures from the property line of a school as stated insubsections I and 2 above re I igardless of whether those schools are located within the


jurisdictional limits of the city of Bozeman to the psops of the businessproviding Medical Marijuana

B Any activities meeting the definition ofAgrriculture Manufacturinz Office or Retail asestablished in Chapter 1880 which is for the ur ose ofgrowingTrocessing distributionandor any other activity related to Medical Marijuana may not be located in the R4Residential HighDensity district and the ROResidential Office district when it overlays aresidentially oriented growth Tolicy designation or within the core area of the B3 district asdefined in 18180100BMC

C The requirements of subsections A and B do not apply to1 An individual registered calif in atient who assesses marl uana in accordance with

the limits and requirements of Title S Cha ter 46 MCA solelv for thatqualifyingpatientsoven use or

2 To a caregiver providing care to not more than two gualffying patients who residewithin the same dwelln as the caregiver The caregiver and califfying patients shallmaintain appropriate state agency qualification at all times that Medical Marijuana ispresent

D Establishing a Medical Marijuana facility may result in a change in the designation of buildingcode occupancy type A change in use or occUancy type may require physical modifications tothe structure which must be approved by the Building Division prior to any construction asrequired by Section 1864100 BMC

Air Discharge Control Any Medical Marijuana growing or processing peration that containstwenty four 24 or more marijuana plants at any one time shall provide a forced air ventdischargepoint that is

Located no chaser than 30 feet from an adtacent property line or a residence or

Provides a mechanical filtration system to control discharges ofRail culates and odors Theventilation filtrations stem shall be desig by a mechanical engineer licensed to practicein the State of Montana such that odors and particulates may not be detected by unaidedhuman observation at the property boundary and noise produced by the system shall becontrolled and minimized

F Anyperson making as lication for a zoning approval for a Medical Marijuana business shallprovide evidence of DPHHS approval as a caretiver at the time of application and shall

maintain such DPHHS approval at all times Failure to maintain approval Immediatelysuspends zoning approval tooperate a Medical Marijuana business in the City of Bozeman

G These regulations are for review of applications to the City and do not restrict ownersfrom establishing more stringent standards for their properties

Fivall Adopted ORDINANCE NO 1786 Regarding Medical Marijuana of 16

Section 9

That 1880080 of the Bozeman Municipal Code shall be amended to read as follows

1880080 AGRICULTURAL ACTIVITY The cultivation or tilling of soil or use of other growinmedium for the purpose of producing vegetative materials for sale or for use in a commercial operationandor the raising or tending of animals for commercial sale or use Agriculture does not includegardening for personal use keeping of house pets or animals as authorized under Title 6 BMC orlandscaping for aesthetic purposes

Section 10

Severability

That should any sentence paragraph subdivision clause phrase or section of this ordinance beadjudged or held to be unconstitutional illegal or invalid the same shall not affect the validity of thisordinance as a whole or any part or provision thereof other than the part so decided to be invalidillegal or unconstitutional and shall not affect the validity of the Bozeman Municipal Code as a whale

Section 11

Savings Provision

This ordinance does not affect the rights or duties that matured penalties and assessments thatwere incurred or proceedings that began before the effective date of this ordinance except anyapplication for a city zoning or business license not approved as of the effective date of this ordinancemust comply with the terms of this ordinance prior to approval

Section 12

Codification Instruction

The provisions of Sections 1 8 shall be codified as appropriate in Titles 5 8 and 18 of the

Bozeman Municipal Code

Section 13

TransitionRepealer

Upon the effective date of this ordinance as established in Section 13 the provisions of Section7 shall supersede and replace the provisions of Section 1 of Ordinance 1782 without any lapse injurisdiction as such Section 1 of Ordinance 1782 is hereby repealed in its entirety The result is any


use of land that was approved while Ordinance 1782 was in effect shall continue to be regulated underthe provisions of this Ordinance and shall not give rise to any claim of a lawful nonconforming use

Absent adoption of a subsequent ordinance506020Aas created pursuant to Section 4 of thisOrdinance shall repeal automatically one 1 year after the effective date of this ordinance

Section 14

Effective Date

The effective date of this ordinance is 30 days after passage on final reading

PROVISIONALLY PASSED AND ADOPTED by the City Commission of the City ofBozeman Montana at a regular session thereof held on the 12 day of July 2010

4 K KRAUSS

MayorATTE T

B0Z

Alld

M

S A Y U E11CCityCler u

GREG SULLIVAN

City Attorney

Finalh Adopted ORDINANCE NO 1786 Regarding Medical Marijuana of 16

FINALLY PASSED by the City Commission of the City of Bozeman Montana on second reading ata regular session held on the 26 day of July 2010

ZVFE K USS

ayor

ATTEST y

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D4

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Cftv

v0

APPROVED AS TO FORM

GRLG SULLIVAN

City Attorney

Finally Adapted ORDINANCE NO 17136 Regarding Medical Marijuana of16

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