HomeMy WebLinkAboutOrd 2018-3447ORDINANCE NO. 3447
ORDINANCE OF THE CITY OF CHULA VISTA REPEALING
CHAPTER 5.66 OF THE CHULA VISTA MUNICIPAL CODE,
WHICH IMPOSED A TOTAL BAN ON COMMERCIAL
MARIJUANA ACTIVITY, CONDITIONED UPON
EFFECTIVENESS OF CITY’S ORDINANCE BANNING
UNLICENSED COMMERCIAL CANNABIS ACTIVITY AS
PROVIDED IN CHAPTER 5.19 OF THE CHULA VISTA
MUNICIPAL CODE
WHEREAS, Chula Vista Municipal Code chapter 5.66, last amended by Ordinance 3401
in 2017, prohibits all commercial marijuana activity in the City of Chula Vista; and
WHEREAS, Ordinance 3418, which adds chapter 5.19 to the Chula Vista Municipal
Code, was adopted by the Chula Vista City Council on March 6, 2018; and
WHEREAS, Chula Vista Municipal Code chapter 5.19 details a comprehensive set of
requirements, restrictions, and robust enforcement procedures with regard to commercial
cannabis activity within the City; and
WHEREAS, Chula Vista Municipal Code section 5.19.290 made the effectiveness of the
ordinance enacting chapter 5.19 contingent upon voter approval and the continuous legal validity
of a tax measure anticipated to be submitted to voters in November 2018; and
WHEREAS, Measure Q, a cannabis tax measure submitted to voters in November 2018,
was approved by Chula Vista voters and is expected to be certified by the City Council on
December 4, 2018; and
WHEREAS, it is the intent of the City Council that all rules and prohibitions regarding
commercial cannabis be contained in chapter 5.19; and
WHEREAS, it is the intent of the City Council that enforcement efforts against unlawful
cannabis businesses presently authorized under Chula Vista Municipal Code chapter 5.66
continue in full force and effect under Chula Vista Municipal Code chapter 5.19.
NOW, THEREFORE, the City Council of the City of Chula Vista does ordain as follows:
Section I.
Chapter 5.66 of the Chula Vista Municipal Code is hereby repealed.
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Ordinance No. 3447
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Section III. Severability
If any portion of this Ordinance, or its application to any person or circumstance, is for
any reason held to be invalid, unenforceable or unconstitutional, by a court of competent
jurisdiction, that portion shall be deemed severable, and such invalidity, unenforceability or
unconstitutionality shall not affect the validity or enforceability of the remaining portions of the
Ordinance, or its application to any other person or circumstance. The City Council of the City of
Chula Vista hereby declares that it would have adopted each section, sentence, clause or phrase
of this Ordinance, irrespective of the fact that any one or more other sections, sentences, clauses
or phrases of the Ordinance be declared invalid, unenforceable or unconstitutional.
Section IV. Construction
The City Council of the City of Chula Vista intends this Ordinance to supplement, not to
duplicate or contradict, applicable state and federal law and this Ordinance shall be construed in
light of that intent.
Section V. Effective Date
This Ordinance shall take effect and be in force on the thirtieth day after its final passage.
Section VI. Publication
The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause
the same to be published or posted according to law.
[SIGNATURES ON THE FOLLOWING PAGE]
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Ordinance No. 3447
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Presented by Approved as to form by
Gary Halbert Glen R. Googins
City Manager City Attorney
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 11th day of December 2018, by the following vote:
AYES: Councilmembers: Aguilar, Diaz, Padilla, and Casillas Salas
NAYS: Councilmembers: McCann
ABSENT: Councilmembers: None
Mary Casillas Salas, Mayor
ATTEST:
Kerry K. Bigelow, MMC, City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
CITY OF CHULA VISTA )
I, Kerry K. Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing
Ordinance No. 3447 had its first reading at a regular meeting held on the 27th day of November
2018 and its second reading and adoption at a regular meeting of said City Council held on the
11th day of December 2018; and was duly published in summary form in accordance with the
requirements of state law and the City Charter.
Dated Kerry K. Bigelow, MMC, City Clerk
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12/18/2018