OR: Pot Ordinance Vote Delayed

Katelyn Baker

Well-Known Member
Once it is approved by a majority vote of the five-member city council, Ordinance 16-1343 will regulate the "time, place, and manner" of marijuana sales within the city of The Dalles. But it will be a little longer before the city's proposed new marijuana regulations go into effect.

A final vote on the ordinance was set to take place July 25, but during last week's meeting of the Dalles City Council, Councilor Dan Spatz called for the full ordinance to be read. The move meant the council would not be able to vote on the issue that evening, because the rules call for an ordinance to be read twice before it can be voted up or down.

"I'm not able to support this, and unless it's unanimous, the entire ordinance will have to be read," Spatz said.

"The law is the law. If there isn't 100 percent agreement to read by title only, it has to be read twice," said Mayor Steve Lawrence.

"Passage of an ordinance by title only requires a unanimous vote," Spatz explained. "Any dissenting vote triggers a full reading; the intent is to ensure careful study of complex issues, and I think that purpose is served in that there was at least one technical issue identified through this reading that may need to be addressed."

Spatz's move pushes the final decision at least until the council's first meeting in September.

"The second reading is scheduled for the Sept. 12 meeting, after which there will be a motion for adoption," said The Dalles City Manager Julie Krueger. "The ordinance would be effective 30 days after adoption."

Among the stipulations in the ordinance: production, processing, and wholesale marijuana operations would be permitted in commercial/light industrial zones, as long as they are at least 500 feet away from schools and subject to a conditional use process; the hours of operations would be limited to between 10 a.m. and 8 p.m.; and sales of recreational marijuana would need to be at least 1,000 feet from schools and parks.

Churches and day care centers were originally included in the 1,000-foot buffer category, but those two categories were dropped from the ordinance, largely because there was uncertainty over whether the Salvation Army facility at 623 E. Third Street - which holds regular worship services - would be considered a church.

The reading took about 35 minutes to go through, with three different officials taking turns reading the complex document.

When the first reading was completed, it was approved 4-1. Spatz voted in opposition, while council members Linda Miller, Taner Elliott, Timothy McGlothlin, and Russ Brown all voted "Aye." The second reading and final vote will come in September.

"I have used the delay tactic once to slow down a passage of an ordinance during my political career. It can allow for additional time to review an issue in depth," McGlothlin said.

McGlothlin added that he plans to raise a couple new issues at the Sept. 12 meeting.

"I expect a discussion of the details of the ordinance to take place at the next scheduled regular meeting of the council," McGlothlin explained. "At that time, I will bring up limiting the proliferation of retail outlets, and recognizing the Salvation Army as a church, yet providing a variance to the ordinance to permit the existing medical and retail store to remain in the downtown corridor."

McGlothlin also said he wants butane (marijuana) hash processing to be a restricted business within the city limits to protect people and property.

"The risks of explosion and fire is just too high to permit, in my opinion," McGlothlin said.

Norm Brock, owner of Columbia River Herbals, a medicinal and recreational marijuana business at 609 E. Second Street, said he doesn't understand the reason for the delay.

"I don't really see the point of it," Brock said. "But I'm not overly concerned. If September comes up and the vote still sees a majority, I don't see it impacting us. It's more of a stress level issue; is it going to happen or not going to happen?"

Spatz said he took the action he felt was right.

"I could not in good conscience support the ordinance because it does not fully reflect planning commission recommendations, and because the oath of office I took as councilor requires support of the laws of the United States," Spatz said. "Marijuana is still a restricted substance at the federal level, and I believe with good reason. Finally, as a council we set a poor example for young people by appearing to abet drug use, if even unintentionally."

On Friday, Maj. Ron Wildman, corps officer for the Salvation Army in The Dalles and an ordained priest, said he wanted the Salvation Army facility to be recognized as a church, and was disappointed the city instead dropped mention of churches from the revised ordinance.

"Thirty-five minutes of reading the new ordinance, I wish they had considered more of the religious community of The Dalles than they did," Wildman said. "But they have to stand behind it come election time with all the decisions they make, as all politicians always do. They're not made in a vacuum. I hope it turns out well."

In the wake of last week's meeting, Lawrence said he is concerned that some council members may not be following established protocol.

"The public hearing (in June) was closed, and it is now illegal for interested parties to 'testify' to individual council members - yet that appears to be happening," Lawrence said. "Second, our council rules say that after the council has voted, members do not criticize.

"One can say they disagreed with the vote, but then they are required to support it. That also seems not to be the case."

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News Moderator: Katelyn Baker 420 MAGAZINE ®
Full Article: Pot Ordinance Vote Delayed
Author: Jesse Burkhardt
Contact: The Dalles Chronicle
Photo Credit: Robert Gauthier
Website: The Dalles Chronicle
 
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