(a)

Findings and legislative intent. The Town Council makes the following legislative findings:

(1)

The Town Council finds and determines that the Colorado Medical Marijuana Code, Section 44-11-101, et seq., C.R.S., clarifies Colorado law regarding the scope and extent of Amendment 20 to the Colorado Constitution.

(2)

The Town Council finds and determines that the Colorado Medical Marijuana Code specifically authorizes in part that the governing body of a municipality may "vote to prohibit the operation of medical marijuana centers, optional premises cultivation operations, and medical marijuana-infused products manufacturers' licenses."

(3)

The Town Council finds and determines that the Colorado Medical Marijuana Code further specifically authorizes a municipality in part "to prohibit the operation of medical marijuana centers, optional premises cultivation operations, and medical marijuana-infused products manufacturers' licenses … based on local government zoning, health, safety, and public welfare laws for the distribution of medical marijuana."

(4)

The Town Council finds and determines, after careful consideration of the provisions of the Colorado Medical Marijuana Code, Article XVIII, Section 14 of the Colorado Constitution, and after evaluating, inter alia, the potential secondary impacts associated with the retail sale, distribution, cultivation and dispensing of medical marijuana through medical marijuana centers, optional premises cultivation operations and medical marijuana-infused products manufacturers' licenses, that such land uses have an adverse effect on the health, safety and welfare of the Town and the inhabitants thereof.

(5)

The Town Council therefore finds and determines, as a matter of the Town's local land use and zoning authority as a home rule municipality pursuant to the provisions of Article XX, Section 6 of the Colorado Constitution, and consistent with the authorization provided by the Colorado Medical Marijuana Code, that no suitable location exists within the corporate limits of the Town for the cultivation, manufacture and sale of medical marijuana by the operation of medical marijuana centers, optional premises cultivation operations and medical marijuana-infused products manufacturers' licenses.

(6)

The Town Council recognizes and affirms the protections afforded by Article XVIII, Section 14 of the Colorado Constitution, and desires to affirm the ability of patients and primary caregivers to otherwise be afforded the protections of Article XVIII, Section 14 of the Colorado Constitution and Section 25-1.5-106, C.R.S. as the same may be amended from time to time.

(b)

Authority.

The Town Council hereby finds, determines, and declares that it has the power and authority to adopt this Article pursuant to:

(1)

The Colorado Medical Marijuana Code, Section 44-11-101, et seq., C.R.S.;

(2)

The authority granted to home rule municipalities by Article XX of the Colorado Constitution;

(3)

The powers contained in the Town of Parker Home Rule Charter;

(4)

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

(5)

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

(6)

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

(7)

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

(8)

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

(c)

Medical marijuana centers, optional premises cultivation operations and medical marijuana-infused products manufacturers' licenses prohibited. It is unlawful for any person to operate, cause to be operated or permit to be operated a medical marijuana center, optional premises cultivation operation or facility for which a medical marijuana-infused products manufacturers' license could otherwise be obtained within the Town, and all such uses are hereby prohibited in any location within the Town, or within any area annexed to the Town.

(d)

Patients and primary caregivers. Nothing in this Chapter 13.07 shall be construed to prohibit, regulate or otherwise impair the use of medical marijuana by patients as defined by the Colorado Constitution, or the provision of medical marijuana by a primary caregiver to a patient pursuant to the Colorado Constitution, and consistent with Section 25-1.5-106, C.R.S., and rules promulgated thereunder, as the same statute and rules may be amended from time to time.

(e)

Penalty. A violation of the provisions of this Chapter shall be punishable as follows:

(1)

By a fine of not more than nine hundred ninety-nine dollars ($999.00), or imprisonment in the county jail for not more than three hundred sixty-four (364) days, or by both such fine and imprisonment;

(2)

Each day a violation of the provisions of this Chapter 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.

(f)

Effective date. The ordinance codified in this Chapter shall take effect upon the Effective Date of House Bill 10-1284, which for most purposes is July 1, 2010.

(a)

Findings and legislative intent. The Town Council makes the following legislative findings:

(1)

The Town Council 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 Town Council 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 Town Council therefore finds and determines that, as a matter of the Town's local land use and zoning authority as a home rule municipality pursuant to the provisions of Article XX, Section 6 of the Colorado Constitution, and consistent with the authorization provided by the 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' licenses.

(b)

Authority. The Town Council 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 authority granted to home rule municipalities by Article XX of the Colorado Constitution;

(3)

The powers contained in the Town of Parker Home Rule Charter;

(4)

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

(5)

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

(6)

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

(7)

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

(8)

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

(c)

Marijuana cultivation facilities, marijuana product manufacturing facilities, marijuana testing facilities and retail marijuana stores' licenses prohibited. 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 and 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.

(d)

Penalty. A violation of the provisions of this Chapter shall be punishable as follows:

(1)

By a fine of not more than nine hundred ninety-nine dollars ($999.00), or imprisonment in the county jail for not more than three hundred sixty-four (364) days, or by both such fine and imprisonment;

(2)

Each and every day a violation of the provisions of this Chapter 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.

(e)

Effective date. The ordinance codified in this Chapter shall take effect upon the Effective Date of Article XVIII, Section 16 of the Colorado Constitution.

(f)

Designated representative. Pursuant to Section 16(5)(e) of Article XVIII of the Colorado Constitution, the Town Council hereby designates the Town Clerk as the representative responsible for the intake, processing and response to any application or inquiry concerning retail marijuana establishments within the Town. Nothing contained within this Chapter 13.07 shall be construed to authorize the operation of any marijuana establishment within the Town or within any area hereinafter annexed to the Town.