Ordinance NO. 2013-1

BEFORE THE TOWN COUNCIL
TOWN OF MOUNTAIN VIEW
STATE OF COLORADO

ORDINANCE NO. 2013-1

TITLE: AN ORDINANCE AMENDING CHAPTER 18 OF THE MOUNTAIN VIEW MUNICIPAL CODE BY THE ADDITION THERETO OF A NEW ARTICLE 11 ENTITLED “GROWING OF RECREATIONAL MARIJUANA IN RESIDENTIAL STRUCTURES FOR PERSONAL USE”

NOW THE COUNCIL OF THE TOWN OF MOUNTAIN VIEW, COLORADO, ORDAINS THAT:

Section 1. The Town of Mountain View Municipal Code is amended by the addition thereto of a new Article 11 of Chapter 18 to read as follows:

ARTICLE 11

Growing Of Recreational Marijuana In Residential Structures For Personal Use

Section18-11-10. Purpose.

This Article 11 of Chapter 18 is intended to apply to the growing of recreationalmarijuana in residential structures for personal use to the extent authorized by Article XVIII, Section 16(3) (b) of the Colorado Constitution.

Section 18-11-20. Growing of Recreational Marijuana in Residential Structures.

Any person, for purposes of this Article 11 and consistent with Article XVIII, Section 16(3)(b) of the Colorado Constitution, who is twenty-one (21) years of age or older that is cultivating marijuana plants for their own use, may possess, grow, process or transport no more than six (6) marijuana plants, with three (3) or fewer being mature, subject to the requirements that follow.

(a) Such possessing, growing, processing or transporting of marijuana plants for personal use must be in full compliance with all applicable provisions of Article XVIII, Section 16 of the Colorado Constitution.

(b) Such marijuana plants are possessed, grown, or processed within the primary residence of the person possessing, growing or processing the marijuana plants for personal use, as defined by subsection (h) below.

(c) The possession, growing and processing of such marijuana plants must not be perceptible from the exterior of the primary residence, including, but not limited to:

(1) common visual observation, including any form of signage;
(2) unusual odors, smells, fragrances, or other olfactory stimulus;
(3) light pollution, glare, or brightness that disturbs the repose of another; and (4) undue vehicular or foot traffic, including excess
parking within the residential zone.

(d) Such marijuana plants shall not be grown or processed in the common areas of a multi-family or attached residential development.

(e) Such cultivation, production, growing and processing of marijuana plants shall be limited to the following space limitations within a primary residence:

(I) Within a single-family dwelling unit (Group R-3 as defined by the International Building Code): A secure, defined, contiguous 1 5 0 square foot area within the primary residence of the person possessing, growing or processing the marijuana plants for personal use.

(2) Within a multi-family dwelling unit (Group R-2 as defined by the International Building Code): A secure, defined, contiguous 100 square foot area within the primary residence of the person possessing, growing or processing the marijuana plants for personal use.

(3) Such possession, growing and processing of marijuana plants shall not occur in any accessory structure, which accessory structures shall specifically include greenhouses.

(f) Such cultivation, production, or possession of marijuana plants shall meet the requirements of all adopted Town of Mountain View building regulations, and other applicable regulations of the State of Colorado, the Town of Mountain View, and the Wheat Ridge Fire Protection District, as the same may be amended from time to time.

(g) Such cultivation, production, or possession of marijuana plants shall meet the requirements of all adopted water and sewer regulations promulgated by the Town.

(h) For purposes of this ordinance, “primary residence” means the place that a person, by custom and practice, makes his or her principle domicile and address and to which the person intends to return, following any temporary absence, such as vacation. Residence is evidenced by actual daily physical presence, use, and occupancy of the primary residence and the use of the residential address for domestic purposes, such as, but not limited to, slumber, preparation of

and partaking of meals, regular mail delivery, vehicle and voter registration, or credit, water, and utility billing. A person shall have only one primary residence. A primary residence shall not include accessory buildings.

(i) For purposes of this ordinance, “a secure” area means an area within the primary residence accessible only to the person possessing, growing or processing the marijuana plants for personal use. Secure premises shall be locked or partitioned off to prevent access by children, visitors, casual passersby, vandals, or anyone not authorized to possess marijuana.

(j)The possession, growing and processing of marijuana plants in a residential structure pursuant to this Article 11 of Chapter 18 is and shall be deemed consent by the person possessing, growing or processing the marijuana plants for personal use, upon reasonable notice, for the Town to inspect the premises to assure compliance with the provisions of this Article 11 of Chapter 18.

Section 2. Safety Clause. The Town Council hereby finds, dete1mines and declares that this Ordinance is promulgated under the general police power of the Town of Mountain View, that it is promulgated for the health, safety and welfare of the public and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The Town Council further determines that this Ordinance bears a rational relation to the properlegislativeobjectsoughttobe attained.

Section 3. Severability. If any clause, sentence, paragraph, or part of this Ordinance or the application thereof to any person or circumstances shall for any reason be adjudged by a court of competent jurisdiction invalid, such judgment shall not affect application to other persons or circumstances.

Section 4. Effective Date. This Ordinance shall become effective ten (10) days after passage.

INTRODUCED, FIRST READ, PASSED, AND ORDERED POSTED ON FIRST AND FINAL READING THIS 11TH DAY OF MARCH, 2013

PASSED, ADOPTED, AND APPROVED ON SECOND READING THIS 8TH DAY OF APRIL 2013