Sec. 6-106. Intent; authority.
It is the intent of this Article to prohibit certain land uses related to marijuana for personal use in the Town, and in furtherance of its intent, the Board of Trustees makes the following findings:
(a) Article XVIII, Section 16 of the Colorado Constitution specifically authorizes a municipality "to prohibit the operation of marijuana cultivation facilities, marijuana product manufacturing facilities, marijuana testing facilities, or retail marijuana stores through the enactment of an ordinance";
(b) Based on careful consideration of Article XVIII, Section 16 of the Colorado Constitution, and the potential secondary effects of the cultivation and dispensing of marijuana for personal use, and the retail sale, distribution, and manufacturing of marijuana for personal use, such land uses have an adverse effect on the health, safety and welfare of the Town of Frederick and its inhabitants.
(c) The Town’s authority to adopt this Article is found in Article XVIII, Section 16 of the Colorado Constitution, Section 31-23-101, C.R.S. (municipal zoning powers); Sections 31-15-103 and 31-15-401, C.R.S. (municipal police powers); Section 31-15-501, C.R.S. (municipal authority to regulate businesses). (Ord. 1123 §1, 2013)