Moffat declares marijuana moratorium



The moratorium document reads:
 “Section 1. A temporary moratorium (the “Moratorium”) is hereby imposed on the establishment of any business that cultivates, manufactures, tests or sells marijuana or marijuana products.
“Section 2. The Moratorium shall commence on the effective date of this ordinance and continue in full force and effect until Dec. 2019, or until the Board of Trustees decides to opt out or enact an ordinance that governs the cultivation, manufacturing, testing or selling of marijuana or marijuana products whichever occurs first (the “Term”).
“Section 3. The Town of Moffat will permit up to two recreational or medical retail marijuana stores known as “dispensaries” and two commercial marijuana cultivation operations within the Moffat Township of 1910 (original city limits) and the “Randall Addition”, which will hereunder be referred to as Section 1 of Town of Moffat. Section 1 is defined as NW 1⁄4 SE 1⁄4, SECTION 6, TOWNSHIP 43 NORTH, RANGE 10 N.M.P.M..
“No Marijuana Infused Product Operations will be permitted in Section 1 of the Town of Moffat. The Town of Moffat will permit up to forty four commercial marijuana cultivation operations within the newly annexed portion of land known as the 2018 Potch LLC Annexation and the Colorado Area 420 Subdivision, which will hereunder be referred to as Section 2 of Town of Moffat, except for the Tracts of land previously agreed upon to be prohibited from cannabis use.
“The Town will permit up to 15 Marijuana Infused Product (MIP) Operations in section two. There will be no MIP Operations permitted on Tracts P and U of Section 2. There will be no retail marijuana stores (dispensaries) permitted in Section 2 at this time.
“Section 4. Any person engaging in any activity not in compliance with the Moratorium may be enjoined by the Town from engaging in such activity and shall be fined an amount not to exceed $300 a day for each offense or by imprisonment not to exceed 90 days, or both. Each day shall constitute a separate offense.
“Nothing contained herein shall limit the Town from seeking any other remedies that may be available at law and in equity. Any person who violates this ordinance shall pay all of the Town’s costs and reasonable attorneys’ fees incurred in any civil action to assure compliance with this Ordinance. All remedies shall be cumulative and may be concurrently pursued.
“The town board hereby finds, determines and declares that having a moratorium is an emergency. Therefore this ordinance shall become effective immediately upon passage.”

420 Area annexation,
second phase
According to town documents posted on the Town of Moffat website, Whitney Justice has petitioned the town to annex the rest of her property known as POTCH/Area 420 subdivision to the town of Moffat.
The portion to be annexed is estimated at 321 acres.
Petitions for the annexation will be circulated later this month. A resolution first proposed to the town at the Sept. 3 meeting was rescinded because Justice forgot to sign the document and certain portions of the petition needed to be reworded, Town Clerk Sarah Van Horn said Tuesday.
Once the petition is circulated, received and approved a date will be set for a public hearing on the annexation.

See related story on Page 7A.

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