§ 5-51. Findings and legislative intent.

The board of trustees makes the following legislative findings:

(1)

The board finds that Article XVIII, Section 16 of the Colorado Constitution specifically authorizes a governing body of a municipality to enact an ordinance to prohibit the licensing of or operation of marijuana cultivation facilities, marijuana product manufacturing facilities, marijuana testing facilities and retail marijuana stores and related uses in its municipality.

(2)

The board finds that after considering the provisions of Article XVIII, Section 16 of the Colorado Constitution and Colorado Retail Marijuana Code and regulations thereunder, the potential impacts associated with the operation of marijuana establishments and land uses associated with those uses will have an immediate adverse effect on the health, safety and welfare of the town and its inhabitants.

(3)

The board of trustees hereby finds, determines and declares that it has the power to adopt this article pursuant to:

a.

Article XVIII, Section 16 of the Colorado Constitution.

b.

Section 12-43.4-101, et seq., C.R.S. (known as the Retail Marijuana Code);

c.

Section 31-15-103, C.R.S. (concerning municipal police powers);

d.

Section 31-15-401, C.R.S. (concerning municipal police powers);

e.

Section 31-15-501, C.R.S. (concerning municipal authority to regulate businesses).

(4)

The board therefore finds as a matter of its land use and zoning authority and as authorized by Article XVIII, Section 16 of the Colorado Constitution, that no suitable location exists within the town for the operation of marijuana cultivation facilities, marijuana product manufacturing facilities, marijuana testing facilities and retail marijuana stores.

(5)

The board finds that the nature of the product to be sold, produced or manufactured could cause immediate and irreparable impact to the town, and its inhabitants as well as to properties bordering the proposed uses, and for those reasons, this article is necessary to the immediate preservation of the public health and safety of the town and its inhabitants.

(Ord. No. 380, § 1, 8-20-13)