ORD 11-698ORDINANCE NO. ll-698
AN ORDINANCE of the City of Federal Way, Washington, imposing
a six month moratorium on cannabis related collective gardens.
WHEREAS, the Legislature has passed E2SSB 5073 that allows cannabis to be grown in
"collective gardens"; and
WHEREAS, E2SSB 5073 will take effect July 22, 2011; and
WHEREAS, the City does not currently regulate cannabis grown in collective gardens;
and
WHEREAS, E2SSB 5073 allows the City to regulate cannabis by enacting zoning,
licensing and/or heath and safety requirements; and
WHEREAS, the Council has determined that it is in the public interest to establish a
moratorium to evaluate and, if necessary, enact regulations in response to E2SSB 5073; and
WHEREAS, RCW 35A.63.220 and RCW 36.70A.390 authorize the City to adopt a
moratorium; and
WHEREAS, the adoption of this moratorium is exempt from the requirements of a
threshold determination under the State Environmental Policy Act; and
WHEREAS, this moratorium is necessary for the immediate preservation of public peace,
health and safety, and the support of City government;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. Findin�s. The City Council of the City of Federal Way makes the following
findings of fact:
(a) The forgoing whereas provisions are adopted as findings of fact.
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(b) A moratorium is necessary to provide the City with sufficient time to study the
potential impacts of E2SSB 5073; develop appropriate zoning, health safety, and/ or licensing
regulations; and insure that the regulations comply with the law.
(c) A moratorium is necessary to preserve the status quo until the City adopts
appropriate zoning, health safety, and/ or licensing regulations.
Section 2. Moratorium Established. No "collective gardens" as authorized by E2SSB
5073 for purposes including but not limited to producing, processing, transporting andlor
delivering of cannabis shall be allowed within the City during the duration of this moratorium.
Section 3. Duration of Moratorium This moratorium shall be in effect for six months
from the effective date of this ordinance.
Section 4. Public Hearin�. A public hearing for this moratorium was held on September
6, 2011, at the regularly scheduled City Council Meeting.
Section 5. Severabilitv. The provisions of this ordinance are declared separate and
severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of
this ordinance, or the invalidity of the application thereof to any person or circumstance, shall
not affect the validity of the remainder of the ordinance, or the validity of its application to any
other persons or circumstances.
Section 6. Corrections. The City Clerk and the codifiers of this ordinance are authorized
to make necessary corrections to this ordinance including, but not limited to, the correction of
scrivener/clerical errors, references, ordinance numbering, section/subsection numbers and any
references thereto.
Section 7. Effective Date. By unanimous consent, the Council finds that this moratorium
is for a public emergency and needed for the immediate support of City governments and is not
Ordinance No. 11-698 Page 2 of 3
subject to initiative or referendum pursuant to FWRC 1.30. This ordinance shall take effect and
be in full force upon adoption.
PASSED by the City Council of the City of Federal Way this 6th day of September,
2011.
CITY OF FEDERAL WAY
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MAYOR, S PRIEST
ATTEST:
CITY CLERK, CAR L MC ILLY, CMC
APPROVED AS TO FORM:
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CITY ATTORNEY, PATRICIA A. RICHARDSON
FILED WITH THE CITY CLERK: 8-30-2011
PASSED BY THE CITY COUNCIL: 9-6-2011
PUBLISHED: 9-10-2011
EFFECTIVE DATE: 9-6-2011
ORDINANCE NO.: 11-698
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