The Board of Trustees makes the following legislative findings:

(1)

The Board of Trustees finds and determines that Article XVIII, Section 16 of the Colorado Constitution specifically authorizes in part that the governing body of a municipality may enact an ordinance to prohibit the operation of marijuana cultivation facilities, marijuana product manufacturing facilities, marijuana testing facilities and retail marijuana stores.

(2)

The Board of Trustees finds and determines, after careful consideration of the provisions of Article XVIII, Section 16 of the Colorado Constitution and after evaluating, inter alia, the potential secondary impacts associated with the operation of marijuana cultivation facilities, marijuana product manufacturing facilities, marijuana testing facilities and retail marijuana stores, that such land uses have an adverse effect on the health, safety and welfare of the Town and the inhabitants thereof.

(3)

The Board of Trustees therefore finds and determines that, as a matter of the Town's local land use and zoning authority and consistent with the authorization provided by Article XVIII, Section 16 of the Colorado Constitution, no suitable location exists within the corporate limits of the Town for the operation of marijuana cultivation facilities, marijuana product manufacturing facilities, marijuana testing facilities and retail marijuana stores.

(Ord. 2013-03 §1)

The Board of Trustees hereby finds, determines and declares that it has the power and authority to adopt this Article pursuant to:

(1)

Article XVIII, Section 16 of the Colorado Constitution;

(2)

The Local Government Land Use Control Enabling Act, Article 20 of Title 29, C.R.S.;

(3)

Part 3 of Article 23 of Title 31, C.R.S. (concerning municipal zoning powers);

(4)

Section 31-15-103, C.R.S. (concerning municipal police powers);

(5)

Section 31-15-401, C.R.S. (concerning municipal police powers); and

(6)

Section 31-15-501, C.R.S. (concerning municipal authority to regulate businesses).

(Ord. 2013-03 §1)

For purposes of this Article, the following words shall have the following meanings:

Marijuana means all parts of the plant of the genus Cannabis, whether growing or not, the seeds thereof, the resin extracted from any part of the plant and every compound, manufacture, salt, derivative, mixture or preparation of the plant, its seeds or its resin, including marijuana concentrate. Marijuana does not include industrial hemp, nor does it include fiber produced from the stalks, oil or cake made from the seeds of the plant, sterilized seed of the plant which is incapable of germination or the weight of any other ingredient combined with marijuana to prepare topical or oral administrations, food, drink or other product.

Marijuana accessories means any equipment, products or materials of any kind which are used, intended for use or designed for use in planting, propagating, cultivating, growing, harvesting, composting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, vaporizing or containing marijuana, or ingesting, inhaling or otherwise introducing marijuana to the human body.

Marijuana club means an organization that allows members and their guests to consume marijuana or marijuana products on the premises in a non-residentially zoned area.

Marijuana cultivation facility means an entity licensed to cultivate, prepare and package marijuana and sell marijuana to retail marijuana stores, to marijuana product manufacturing facilities and to other marijuana cultivation facilities, but not to consumers.

Marijuana establishment means a marijuana cultivation facility, a marijuana testing facility, a marijuana product manufacturing facility or a retail marijuana store.

Marijuana product manufacturing facility means an entity licensed to purchase marijuana; manufacture, prepare and package marijuana products; and sell marijuana and marijuana products to other marijuana product manufacturing facilities and to retail stores, but not to consumers.

Marijuana products means concentrated marijuana products and marijuana products that are comprised of marijuana and other ingredients and are intended for use or consumption, such as but not limited to edible products, ointments and tinctures.

Marijuana testing facility means an entity licensed to analyze and certify the safety and potency of marijuana.

Person means a natural person, partnership, association, company, corporation, limited liability company or organization, or a manager, agent, owner, director, servant, officer or employee thereof.

Retail marijuana store means an entity licensed to purchase marijuana from marijuana cultivation facilities and marijuana and marijuana products from marijuana product manufacturing facilities and to sell marijuana and marijuana products to consumers.

(Ord. 2013-03 §1)

It is unlawful for any person to operate, cause to be operated or permit to be operated any marijuana cultivation facilities, marijuana product manufacturing facilities, marijuana testing facilities or retail marijuana stores within the Town, and all such uses are hereby prohibited in any location within the Town or within any area hereinafter annexed to the Town.

(Ord. 2013-03 §1)

The use of property as a marijuana club shall be a use prohibited in any zoning district in the Town.

(Ord. 2013-03 §1)

A violation of the provisions of this Article shall be punishable as follows:

(1)

By a fine of not more than three hundred dollars ($300.00) or imprisonment in the County jail for not more than ninety (90) days, or by both such fine and imprisonment;

(2)

Each and every day a violation of the provisions of this Article is committed, exists or continues shall be deemed a separate offense;

(3)

The Town is specifically authorized to seek an injunction, abatement, restitution or any other remedy necessary to prevent, enjoin, abate or remove the violation; and

(4)

Any remedies provided for herein shall be cumulative and not exclusive and shall be in addition to any other remedies provided by law or in equity.

(Ord. 2013-03 §1)