1160 Extend Moratorium Medical MarijuanaORDINANCE NO. 1160
AN EMERGENCY ORDINANCE ENACTED BY THE CITY COUNCIL OF THE
CITY OF OKEECHOBEE, FLORIDA AMENDING ORDINANCE NO. 1146,
ENACTING A MEDICAL MARIJUANA MORATORIUM, AND AMENDED BY
ORDINANCE NO. 1153 EXTENDING DATE OF MORATORIUM; PROVIDING
FOR AN EXTENSION OF 180 DAYS; PROVIDING FOR A SUNSET
PROVISION; PROVIDING FOR CONFLICT; PROVIDING FOR
SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Okeechobee, Florida heretofore adopted Ordinance No. 1146, on
November 1, 2016, which created a moratorium on the issuance of any permits or
Business Tax Receipts for the establishment of a business to engage in the dispensing
of medical marijuana, due to lack of State legislation on the subject; and
WHEREAS, Ordinance No. 1146 was amended by Ordinance No. 1153, adopted on March 21,
2017, by the City Council for the City of Okeechobee, Florida which extended the
moratorium for 180 days to provide the State of Florida to announce regulations or
legislative action to offer guidance to local government; and
WHEREAS, the City of Okeechobee, Florida may enact an emergency ordinance pursuant to
the provisions of Florida Statute 166.041(3)(a),(b) by a two- thirds vote of the City
Council.
NOW, THEREFORE, be it ordained before the City Council of the City of Okeechobee, Florida;
presented at a duly advertised public meeting; and passed by majority vote of the City
Council; and properly executed by the Mayor or designee, as Chief Presiding Officer for
the City; that:
SECTION 1.
THAT the City Council of the City of Okeechobee, Florida hereby enacts and imposes a
Moratorium which has the effect of prohibiting and preventing any Department of the
City of Okeechobee from accepting an application for Business Tax Receipt,
Occupational License, Land Use or Zoning change, Special Exception, or in any
manner acting upon a request of any person or entity for the establishment of a
business location within the City that is for the purpose of selling, distributing,
advertising, or in any manner promoting the sale and /or distribution of marijuana for
medical, or any other purpose.
SECTION 2.
THAT this Moratorium shall remain in effect for 180 days from the effective date hereof,
pending further action by the City Council of the City of Okeechobee, Florida which may
then impose additional regulations, or Land Use or Zoning restrictions, on the operation
of such a business.
SECTION 3.
THAT this Moratorium shall expire automatically without further action by the City
Council of the City of Okeechobee, Florida 180 days from final adoption of the
Ordinance unless the City takes further action to extend it.
SECTION 4.
THAT prior to the expiration of this Ordinance, the City of Okeechobee, Florida may
address the adoption of local Ordinances to further regulate the dispensing, Zoning, and
location of such businesses within the City.
Ordinance No. 1160 Page 1 of 2
SECTION 5.
All Ordinances or parts of Ordinances in conflict herewith are hereby repealed.
SECTION 6.
Should any provision or portion of this Ordinance be declared by a court of competent
jurisdiction to be void, unconstitutional, or unenforceable, then all remaining provisions
and portions of this Ordinance shall remain in full force and effect.
SECTION 7.
This Ordinance shall take effect immediately upon its passage.
INTRODUCED, PASSED, AND ADOPTED after First Reading as an Emergency Ordinance
on this 17th day of October, 2017.
CG
Lane Gamiote., CMC, City Clerk
REVIEWED FOR LEGAL SUFFICIENCY:
John R. Cook, City Attorney
Ordinance No. 1160 Page 2 of 2
Dowling R. Watford, Jr., ayor