§ 113.01 MEDICAL MARIJUANA ESTABLISHMENTS.

(A) All medical marijuana dispensaries are required to obtain a permit from the Town Clerk/Treasurer. These establishments are defined as any medical marijuana establishment licensed by the state as a medical marijuana dispensary. A lawfully issued medical marijuana dispensary permit shall be valid for 12 calendar months.

(B) The town will establish by resolution a fee to obtain the permit for medical marijuana dispensaries. The fee shall be used to offset municipal expenses covering costs related to licensing, inspection, administration, and enforcement of medical marijuana dispensaries.

(C) Medical marijuana dispensaries shall only be located in areas zoned C-1 or C-2 and shall be subject to any special use permit as may be applicable by the municipal code of the town.

(D) A permit will not be granted to any applicant where the proposed location would be located within 1,000 feet of any of the following uses: any private or public school or school property where students enrolled in pre-school through grade 12 may be present during the school day or after hours for school sanctioned extra-curricular programming.

(E) For the distance requirements outlined in this chapter, the distances described shall be computed utilizing the measurement method authorized by the State Medical Marijuana Authority for this purpose.

(F) Buildings where medical marijuana is stored or dispensed must be equipped with ventilation/air filtration systems so that no odors are detectable off premises.

(G) Nothing in this chapter shall be construed to:

(1) Allow persons to engage in conduct that endangers or causes a public nuisance;

(2) Allow the use of medical marijuana for non-medical purposes; or

(3) Allow any activity that is otherwise illegal and not permitted by state law.

(H) Commercial medical marijuana cultivation, commercial medical marijuana processing, commercial medical marijuana storage facilities, and all other licensed medical marijuana facilities or medical marijuana businesses other than medical marijuana dispensaries are hereby prohibited within the municipal boundaries of the town.

(I) Applicants for a medical marijuana dispensary license shall provide a copy of the certificate of compliance application form provided by the medical marijuana authority to the Town Clerk/Treasurer or his or her designee at the time of application for a medical marijuana dispensary permit.

(J) A permit will not be granted to any applicant where the proposed location would be within 300 feet of any other existing licensee and permitted medical marijuana dispensaries.

(Ord. 2020-03, passed 6-9-2020)

§ 113.02 INSPECTION.

(A) All permits outlined in this chapter will be subject to inspection by an authorized town employee or agent prior to issuance.

(B) The inspection prior to a permit decision will occur at a time scheduled and approved by both the applicant and town.

(C) The applicant will be required to be present during the inspection.

(Ord. 2020-03, passed 6-9-2020)

§ 113.03 GROWING FACILITIES FOR PERSONAL USE; SECURITY.

(A) (1) All medical marijuana growing facilities for personal medical use shall be subject to security provisions as stated in the state statutes and any applicable state agency rules and outlined herein prior to the granting of a permit.

(2) Failing to comply with security provisions as stated herein will result in a fine of $200 per occurrence.

(B) Any access or entry point to residential facilities used for marijuana cultivation for personal medical use must be secured by lock and key or equivalent, at all times except when the residential facility is actively being supervised in person by the permit holder.

(C) Growing medical marijuana for personal medical use shall be limited to the interior of a single private residence, or an outdoor property secured by a six-foot sight-proof fence appropriate for the zoning district.

(D) Growing medical marijuana shall not be visible from the public right-of-way.

(E) All portions of a residential medical marijuana use growing area used shall comply with all applicable building and fire codes. The growing area must be properly ventilated so as not to create humidity, mold, or other related problems. Lighting shall not exceed 1,000 watts per light. The use of gas products (CO2, butane, and the like) or CO2 and ozone generators in the growing area is prohibited.

(F) Growing medical marijuana shall not be conducted in a manner that constitutes a public nuisance. A public nuisance may be deemed to exist if growing medical marijuana produces light, glare, heat, noise, odor, or vibration that is detrimental to public health, safety, or welfare, or interferes with the reasonable enjoyment of life and property.

(G) (1) The primary use of the residential property in which medical marijuana is grown shall remain at all times a residence, with legal and functioning cooking, eating, sleeping, and sanitation/bathing facilities with proper ingress and egress.

(2) No room shall be used for growing medical marijuana where such cultivation will impair or prevent the primary uses of cooking, eating, sleeping, or sanitation/bathing.

(Ord. 2020-03, passed 6-9-2020)

§ 113.04 SMELL, NOXIOUS ODOR.

The smell or noxious odor emitted from smoking or consumption of marijuana by a person possessing a valid state issued medical marijuana license shall be treated as a public nuisance.

(Ord. 2020-03, passed 6-9-2020)

§ 113.05 POSSESSION, PUBLIC SMOKING, VAPING.

(A) Public smoking or vaping of medical marijuana is prohibited in any building or on any property owned or operated by the town and any additional location which is deemed unlawful in the state statutes or state agency rules.

(B) Possession of marijuana in excess of the limits imposed by state statute shall be prohibited.

(Ord. 2020-03, passed 6-9-2020) Penalty, see § 113.99

§ 113.99 PENALTY.

(A) Any person violating any of the provisions of this chapter shall be punished as provided in § 10.99 of this code of ordinances.

(B) Any medical marijuana permit issued under the municipal code of the town is subject to compliance with the town municipal code and all applicable state statutes. Failure to comply with the municipal code and state statutes, including § 113.01, will result in the denial or revocation of the permit, and a fine of $200 per day while the violation exists.

(C) Violation of § 113.05 shall be a misdemeanor offense subject to a fine of $400 per occurrence.

(Ord. 2020-03, passed 6-9-2020)