HomeMy WebLinkAbout20133309.tiffWELD COUNTY
CODE ORDINANCE 2013-11
IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 3
HUMAN RESOURCES, CHAPTER 6 LAW ENFORCEMENT, CHAPTER 12 LICENSES AND
PERMITS, AND CHAPTER 23 ZONING, OF THE WELD COUNTY CODE
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF
WELD, STATE OF COLORADO:
WHEREAS, the Board of County Commissioners of the County of Weld, State of
Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with
the authority of administering the affairs of Weld County, Colorado, and
WHEREAS, the Board of County Commissioners, on December 28, 2000, adopted Weld
County Code Ordinance 2000-1, enacting a comprehensive Code for the County of Weld,
including the codification of all previously adopted ordinances of a general and permanent
nature enacted on or before said date of adoption, and
WHEREAS, the Weld County Code is in need of revision and clarification with regard to
procedures, terms, and requirements therein.
NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of the
County of Weld, State of Colorado, that certain existing Chapters of the Weld County Code be,
and hereby are, repealed and re-enacted, with amendments, and the various Chapters are
revised to read as follows.
CHAPTER 3
HUMAN RESOURCES
Amend Sec. 3-3-60. Drug -free workplace.
A. In accordance with the Drug -free Workplace Act of 1988, the County as a federal
grant recipient is required to certify to the granting agency that it will ensure a drug -free
workplace. Failure to comply with this requirement could result in suspension of the grant
payments, termination of the grant payments or both. It is in the best interest of the County and
its employees to provide for a safe, drug -free workplace. This requirement presents both a
necessity and an opportunity to take immediate action to eliminate drug abuse from the
workplace. To that end, the following policy is in effect:
Statement of Policy
1 through 5 - No change.
6. Drug means any substance other than alcohol capable of altering an
individual's mood, perception, pain level or judgment. A prescribed drug is any
substance prescribed for individual consumption by a licensed medical physician. An
illegal drug is any drug or controlled substance, the sale, possession or consumption of
which is illegal. Marijuana is an illegal drug so long as it is classified as a Schedule I
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Controlled Substance, pursuant to the Controlled Substances Act, 21 U.S.C. §§801 et
seq.
CHAPTER 6
LAW ENFORCEMENT
Amend Sec. 6-2-10. Operation of marijuana cultivation facilities, marijuana product
manufacturing facilities, marijuana testing facilities and retail marijuana stores
prohibited.
Pursuant to the authority granted in Subsection (16)(5)(f) of Article XVIII of the Colorado
Constitution, the operation of marijuana cultivation facilities, marijuana product manufacturing
facilities, marijuana testing facilities and/or retail marijuana stores within the unincorporated
areas of the County is prohibited.
CHAPTER 12
LICENSES AND PERMITS
ARTICLE VII
Cultivation, Manufacture, Distribution and Sale of Medical or Recreational Marijuana
Sec. 12-7-10 - No change.
Add Sec. 12-7-20. No issuance of local license for the cultivation, manufacture,
distribution and sale of recreational marijuana.
The Board of County Commissioners, as the "Local Licensing Authority" for the County,
as defined in Section 12-43.3-103(7), C.R.S., shall not issue a local license for the cultivation,
manufacture, distribution and sale of recreational marijuana within the County, pursuant to the
authority provided in Section 16(5)(f) of Article XVIII of the Colorado Constitution and 12-43.4-
301, C.R.S. Such activity is prohibited within the unincorporated area of the County pursuant to
Section 6-2-10 of the Weld County Code.
CHAPTER 23
ZONING
ARTICLE IV
Supplementary District Regulations and Zoning Permits
Division 14
Cultivation, Manufacture, Distribution or Sale of
Medical or Recreational Marijuana or Marijuana -Infused Products
Amend Sec. 23-4-1000. Prohibition of cultivation, manufacture, distribution or sale of
medical or Recreational marijuana or marijuana -infused products in any zone district.
A. No STRUCTURE or tract of land in any zone district in the County may be used
by a person for the purpose of cultivation, manufacture, distribution or sale of MEDICAL
MARIJUANA or MEDICAL MARIJUANA -INFUSED PRODUCTS, except for patients cultivating
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for their personal consumption, in compliance with the terms, conditions, limitations and
restrictions in Section 14 of Article XVIII of the Colorado Constitution, or except when such
persons are acting as a primary caregiver in compliance with the terms, conditions, limitations
and restrictions of Section 25-1.5-106, C.R.S.
B. No STRUCTURE or tract of land in any zone district in the County may be used
by a person for the purpose of cultivation, manufacture, distribution or sale of RECREATIONAL
MARIJUANA or MARIJUANA -INFUSED PRODUCTS.
Amend Sec. 23-4-1020. Definitions.
As used in this Division, the words and phrases set forth below have the following
definitions:
MEDICAL MARIJUANA: - No change.
MEDICAL MARIJUANA CENTER: - No change.
Add MARIJUANA -INFUSED PRODUCT: A product infused with MARIJUANA that is
intended for use or consumption other than by smoking, including, but not limited to, edible
products, ointments and tinctures, and is otherwise not a MEDICAL MARIJUANA -INFUSED
PRODUCT.
MEDICAL MARIJUANA -INFUSED PRODUCT: - No change.
MEDICAL MARIJUANA -INFUSED PRODUCTS MANUFACTURER: - No change.
OPTIONAL PREMISES CULTIVATION OPERATION: - No change.
Add RECREATIONAL MARIJUANA: Marijuana that is grown and sold pursuant to the
provisions of Title 12, Article 43.4, C.R.S., and for the purposes authorized by Section 16 of
Article XVIII of the Colorado Constitution.
BE IT FURTHER ORDAINED by the Board that the Clerk to the Board be, and hereby
is, directed to arrange for Colorado Code Publishing to supplement the Weld County Code with
the amendments contained herein, to coincide with chapters, articles, divisions, sections, and
subsections as they currently exist within said Code; and to resolve any inconsistencies
regarding capitalization, grammar, and numbering or placement of chapters, articles, divisions,
sections, and subsections in said Code.
BE IT FURTHER ORDAINED by the Board if any section, subsection, paragraph,
sentence, clause, or phrase of this Ordinance is for any reason held or decided to be
unconstitutional, such decision shall not affect the validity of the remaining portions hereof. The
Board of County Commissioners hereby declares that it would have enacted this Ordinance in
each and every section, subsection, paragraph, sentence, clause, and phrase thereof
irrespective of the fact that any one or more sections, subsections, paragraphs, sentences,
clauses, or phrases might be declared to be unconstitutional or invalid.
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Steve Moreno, Clerk and Recorder, Weld County, CO
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The above and foregoing Ordinance Number 2013-11 was, on motion duly made and
seconded, adopted by the following vote on the 2nd day of December, A.D., 2013.
BOARD OF COUNTY COMMISSIONERS
WELD COl}PYTY, COLORADO
ATTEST:
Weld County Clerk to the Board
BY
Deputy
County Attorney
First Reading:
Publication:
Second Reading:
Publication:
Final Reading:
Publication:
Effective:
October 23, 2013
October 30, 2013, in
November 13, 2013
November 22, 2013,
December 2, 2013
December 11, 2013,
December 16, 2013
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Steve Moreno, Clerk and Recorder, Weld County, CO
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