Ordinance No. 2017-11 Creating Section 31-151 Prohibiting Medical Marijuana Dispensaries - October 3, 2017 ORDINANCE NO. 2017-11
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA AMENDING
CHAPTER 31, LAND DEVELOPMENT REGULATIONS, BY CREATING
SECTION 31-151 "USES PROHIBITED IN ALL ZONING DISTRICTS",
OF ARTICLE VII "USE REGULATIONS" OF CHAPTER 31 "LAND
DEVELOPMENT REGULATIONS", REGULATING PROHIBITED USES
GENERALLY AND SPECIFICALLY PROHIBITING MEDICAL
MARIJUANA DISPENSARIES; PROVIDING FOR SEVERABILITY;
PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City Commission recognizes that changes to the adopted Code
of Ordinances are periodically necessary in order to ensure that the City's regulations
are current and consistent with the City's planning and regulatory needs and changes in
State law; and
WHEREAS, the City Commission desires to clarify the interpretation and
identification of prohibited uses within the City; and
WHEREAS, according to the Controlled Substances Act, Marijuana has a high
potential for abuse and has no currently accepted medical use in treatment in the
United States; and
WHEREAS, notwithstanding Federal law, the 2014 Florida Legislature approved
Senate Bill 1030 providing for the growing, processing, and distributing of specific forms
of low-THC (non-euphoric) Cannabis to qualified patients and their caregivers for the
treatment of listed medical conditions, which became effective on June 16, 2014 as
Chapter 2014-157, Laws of Florida, and is codified at Section 381.986, Florida Statutes
("Senate Bill 1030"); and
WHEREAS, in Gonzales v. Raich, the U.S. Supreme Court held in 2005 that the
Federal Government has the authority under the Commerce Clause to prohibit
marijuana for all purposes pursuant to the Controlled Substances Act, and that the
Supremacy Clause of the U.S. Constitution "unambiguously provides that if there is any
conflict between federal and state law, federal law shall prevail." Gonzales v. Raich, 545
U.S. 1, 29; and
WHEREAS, the 2014 Florida Legislature approved Senate Bill 1030 providing for
the growing, processing, and distributing of specific forms of low-THC (non-euphoric)
cannabis to qualified patients and their caregivers for the treatment of listed medical
conditions, which became effective on June 16, 2014 as Chapter 2014-157, Laws of
Florida, and is codified at Section 381 .986, Florida Statutes; and
City of Aventura Ordinance No. 2017-1 1
WHEREAS, Section 381.986, Florida Statutes, authorizes and defines "Medical
Marijuana Treatment Centers" to encompass the entire supply chain (cultivation,
processing, storage, distribution, etc.), not just retail sales to qualified patients; and
WHEREAS, the Florida Department of Health adopted a rule to implement
Senate Bill 1030, which became effective June 17, 2015; and
WHEREAS, on November 8, 2016, voters approved Constitutional Amendment 2
('`Amendment 2") which expanded the use of Medical Marijuana for individuals with
debilitating conditions that was originally provided under Senate Bill 1030; and
WHEREAS, the 2017 Florida Legislature passed Senate Bill 8A ("SB 8A") to
enact Amendment 2 and Governor Rick Scott signed SB 8A into law on June 23, 2017;
and
WHEREAS, SB 8A permits the use of additional alternative forms of marijuana
(marijuana in all its forms including low-THC cannabis, together referred to as
"marijuana") and alternative dispensing methods; and
WHEREAS, SB 8A grants authority to municipalities to ban medical marijuana
treatment center dispensing facilities from being located within its boundaries; and
WHEREAS, significant safety and security issues exist for any establishment
involved in the dispensing of marijuana, because they maintain large drug inventories
and are forced to deal in cash because their activities have not yet been sanctioned by
federal law; and
WHEREAS, such businesses are inherently attractive targets for criminals, and it
is therefore essential that the City prevent such uses to protect and advance the public
health, safety and welfare; and
WHEREAS, enabling the establishment of such businesses would require
extensive municipal resources in order to effectively address the potential rise in
criminal activity; and
WHEREAS, the City Commission has determined that it is in the best interests of
the citizenry and general public to prohibit medical marijuana treatment center
dispensing facilities to ensure the safety of the employees, neighbors, customers and
area residents; and
WHEREAS, the City Commission has been designated as the Local Planning
Agency for the City pursuant to Section 163.3174, Florida Statutes; and
WHEREAS, the City Commission, in its capacity as the Local Planning Agency,
has reviewed the proposed amendments to the City Code pursuant to the required
public hearing and has recommended approval of this Ordinance; and
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City of Aventura Ordinance No. 2017-1 1
WHEREAS, the City Commission has previously invoked zoning in progress
concerning this Ordinance as authorized by the Section 31-77(h)(3) of the City's Land
Development Regulations; and
WHEREAS, the City Commission has reviewed the proposed amendments, and
finds that it is in the best interests of the public to amend the City Code as set forth in
this Ordinance; and
WHEREAS, the City Commission has held the required public hearings, duly
noticed in accordance with law; and
WHEREAS, the City Commission has reviewed the action set forth in the
Ordinance and has determined that such action is consistent with the Comprehensive
Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT':
Section 1. Recitals Adopted. That each of the above-stated recitals are
hereby adopted and confirmed.
Section 2. City Code Amended. Section 31-151, "Uses Prohibited in All
Zoning Districts" of Article VII "Use Regulations" of Chapter 31, "Land Development
Regulations" is hereby created to read as follows:
ARTICLE VII. - USE REGULATIONS
Sec. 31-151. — Uses Prohibited in All Zoning Districts
(a) Prohibited uses generally. Within any particular zoning district, any use which is
not specifically identified as a permitted, conditional use, or accessory use shall be
prohibited.
(b) Specifically prohibited uses. Additional, specifically identified prohibited uses are
identified in the individual zoning districts.
(c) Dispensing of marijuana products. In accordance with Section 381.986, Florida
Statutes, the dispensing of marijuana in any form, by any person or business, is
prohibited in all zoning districts. Further, all uses, products, or acts prohibited under any
state or federal law are prohibited throughout the City.
* * *
Underlined provisions constitute proposed additions to existing City Code text;str-ieken-thfough provisions indicate
proposed deletions from existing City Code text.
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City of Aventura Ordinance No. 2017-11
Section 3. Severability. The provisions of this Ordinance are declared to be
severable and if any section, sentence, clause or phrase of this Ordinance shall for any
reason be held to be invalid or unconstitutional, such decision shall not affect the validity
of the remaining sections, sentences, clauses, and phrases of this Ordinance but they
shall remain in effect, it being the legislative intent that this Ordinance shall stand
notwithstanding the invalidity of any part.
Section 4. Inclusion in the Code. It is the intention of the City Commission, and
it is hereby ordained that the provisions of this Ordinance shall become and be made a
part of the Code of the City of Aventura; that the sections of this Ordinance may be re-
numbered or re-lettered to accomplish such intentions; and that the word "Ordinance"
shall be changed to "Section" or other appropriate word.
Section 5. Effective Date. This Ordinance shall be effective immediately upon
adoption on second reading.
The foregoing Ordinance was offered by Commissioner Shelley, who moved its
adoption on first reading. This motion was seconded by Commissioner Mezrahi and
upon being put to a vote, the vote was as follows:
Commissioner Denise Landman Yes
Commissioner Dr. Linda Marks Yes
Commissioner Gladys Mezrahi Yes
Commissioner Marc Narotsky Yes
Commissioner Robert Shelley Yes
Vice Mayor Howard Weinberg Yes
Mayor Enid Weisman Yes
The foregoing Ordinance was offered by Commissioner Mezrahi, who moved its
adoption on second reading. This motion was seconded by Commissioner Landman
and upon being put to a vote, the vote was as follows:
Commissioner Denise Landman Yes
Commissioner Dr. Linda Marks Yes
Commissioner Gladys Mezrahi Yes
Commissioner Marc Narotsky Yes
Commissioner Robert Shelley Yes
Vice Mayor Howard Weinberg Yes
Mayor Enid Weisman Yes
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City of Aventura Ordinance No. 2017-11
PASSED on first reading on this 5th day of September, 2017.
PASSED AND ADOPTED on second reading on this 3rd day of October, 2017.
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ENID WEISMAN, MAYOR
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ATTEST:
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ELLISA L. HORVAT' ► C, CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
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CITY ATTORNE
This Ordinance was filed in the Office of the City Clerk this 3 day of D& , 2017.
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