CITY OF SCANLON INTERIM ORDINANCE NO. 202 AN ORDINANCE AUTHORIZING A STUDY AND IMPOSING A MORATORIUM ON BUSINESSES DEALING IN SYNTHETIC DRUGS IN THE CITY OF SCANLON
CITY OF SCANLON INTERIM ORDINANCE NO. 202
AN ORDINANCE AUTHORIZING A STUDY AND IMPOSING A MORATORIUM ON BUSINESSES DEALING IN SYNTHETIC DRUGS IN THE CITY OF SCANLON
WHEREAS, on the 11th day of September, 2013, at a regular city council meeting proper notice (if any) being provided, the issue of whether the City should adopt or amend official controls (as defined in Minnesota Statute §462.352, Subd. 15) to address the zoning, permitting, construction or operation of businesses dealing in synthetic drugs, was introduced; and,
WHEREAS, a study is needed for the purpose of considering adoption or amendment of official controls for promoting the general health, safety and welfare of the people in the City, due to the known serious adverse health effects cause by such drugs, and the general nuisance such businesses and their clientele can create for the public, causing a negative impact on the health, safety, and welfare of the citizens of the City; and,
WHEREAS, the City Council has authority to adopt an Interim Ordinance/moratorium which will allow the City time to conduct a study to consider the possibility of adopting or amending official controls to fulfill the City's legal obligation to promote and protect the health, safety and welfare of its residents, and to protect the planning process:
NOW, THEREFORE, pursuant to Minnesota Statute §462.355, subdivision 4, the City Council of the City of Scanlon does hereby ordain, as follows:
Section 1. Definitions. Dealing in synthetic drugs means: the sale, trade, barter or exchange of any non-FDA approved chemical compound that mimics the effects of marijuana or the effects of psychoactive drugs with stimulant properties, whether advertised as bath salts, herbal incense, aromatic potpourri or other products labeled not for human consumption, but does not include food ingredients, alcohol, legend drugs, tobacco, or dietary supplements.
Section 2. Study. A study is authorized to be conducted by the City Clerk's Office and the City Attorney's Office, as authorized by the City Council, for the purpose of considering the adoption or amendment of official controls relating to the need for additional land use regulations addressing the development and operation of businesses dealing in synthetic drugs.
Section 3. Moratorium/Prohibition. To protect the planning process, and to protect the health, safety and welfare of our citizens, the City Council of the City of Scanlon hereby adopts an Interim Ordinance to impose a moratorium on businesses dealing in synthetic drugs, within the jurisdictional boundaries of the City of Scanlon, prohibiting any such development or use.
Section 4. Effective Date. This Interim Ordinance shall be effective September 11, 2013, or as soon thereafter following publication, and shall be in effect for one year or until the final adoption or amendment of official controls to regulate development and operation of businesses dealing in synthetic drugs in the City of Scanlon, whichever occurs first.
Section 5. Penalty. A violation of this Ordinance will be considered to create a "public nuisance," subject to criminal penalties as a misdemeanor and/or injunctive relief. Each day on which a violation occurs or continues shall be considered a separate offense.
PASSED by the City Council of the City of Scanlon, Minnesota September 11, 2013.
Jim Putnam, Mayor
Mandy McNamara, City Clerk