2014-12 Temporary Moratorium on Medical Marijuana Dispensaries or Treatment CentersORDINANCE NO. 2014 -12
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH
PALM BEACH, FLORIDA, ESTABLISHING A TEMPORARY MORATORIUM
ON THE ISSUANCE OF APPROVALS FOR THE OPERATION OF MEDICAL
MARIJUANA DISPENSARIES OR TREATMENT CENTERS AS DEFINED
HEREIN; PROVIDING FOR THE DURATION OF THE MORATORIUM;
PROVIDING FOR PENALTIES; PROVIDING FOR CONFLICTS; PROVIDING
FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Village of North Palm Beach regulates the use of land through its
Comprehensive Development Plan and Land Development Regulations; and
WHEREAS, on November 4, 2014, Florida voters will consider an amendment to the
Florida Constitution that would legalize the use of medical marijuana and authorize the cultivation,
processing, distribution and sale of marijuana for medical purposes throughout the State; and
WHEREAS, due to the historic prohibition against marijuana cultivation, distribution and
use, the Village's Land Development Regulations do not address the use of real property for
medical marijuana dispensaries /medical marijuana treatment centers; and
WHEREAS, Village Administration is requesting a temporary moratorium on the operation
of medical marijuana dispensaries and treatment centers within the Village to research the potential
impacts of such uses, determine how best to formulate regulations applicable to such uses and
maintain the status quo until such regulations, if any, may be formulated and adopted; and
WHEREAS, the Village has held all required public hearings necessary to enact a zoning
moratorium, including review by the Planning Commission acting as the Village's Local Planning
Agency, and has complied with the notice procedures set forth in Section 166.041(3), Florida
Statutes; and
WHEREAS, the Village Council determines that the enactment of a moratorium on the
operation of medical marijuana dispensaries and treatment centers is in the best interests of the
health, safety and welfare of the Village and its residents.
NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF
NORTH PALM BEACH, FLORIDA as follows:
Section 1. The foregoing recitals are ratified as true and correct and are incorporated herein.
Section 2. The Village Council hereby amends its Land Development Regulations by imposing
a temporary moratorium on the operation of medical marijuana dispensaries and treatment centers
within the corporate limits of the Village of North Palm Beach. While the temporary moratorium is
in effect, the Village shall not accept, process or approve any application, including but not limited
to, applications for development orders, building permits, or zoning approvals, relating to the
operation of a medical marijuana dispensary or treatment center.
Page 1 of 2
Section 3. For the purposes of this Ordinance, a medical marijuana dispensary or treatment
center shall be defined as a location or place used to cultivate, process (including the development
of related products), dispense, distribute or sell legal marijuana/cannabis or a location or place
where legal marijuana/cannabis is used in the management and care of a patient or the combating of
a disease or disorder.
Section 4. The temporary moratorium set forth in this Ordinance shall take effect immediately
upon its adoption and shall automatically expire one year after its effective date or until the Village
Council adopts an ordinance amending the Village Comprehensive Plan or Land Development
Regulations to permit or otherwise regulate the operation of medical marijuana dispensaries or
treatment centers within the Village.
Section 5. Any individual, entity or agent who shall violate or fail to comply with the
provisions of this Ordinance shall be subject to the penalties set forth in Section 1 -8 of the Village
Code of Ordinances.
Section 6. All ordinances and resolutions, or parts of ordinances and resolutions, in conflict
herewith are hereby repealed to the extent of such conflict.
Section 7. If any section, paragraph, sentence, clause, phrase or word of this Ordinance is for
any reason held by a court of competent jurisdiction to be unconstitutional, inoperative or void, such
holding shall not affect the remainder of the Ordinance.
Section 8. This Ordinance shall become effective immediately upon adoption.
PLACED ON FIRST READING THIS 9th DAY OF OCTOBER, 2014.
PLACED ON SECOND, FINAL READING AND PASSED THIS 23RD DAY OF OCTOBER,
2014.
(Village Seal)
ATTEST:
VILLAGE CLERK
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
VILLAGE ATTORNEY
Page 2 of 2
MAYOR