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A FFIDA VI T OF PUBLICATION
<br />CAMERA
<br />State of Colorado
<br />County of Boulder
<br />I, the undersigned agent, do solemnly swear that the
<br />CAMERA is a daily newspaper printed, in whole or in part,
<br />and published in the City of Boulder, County of Boulder, State
<br />of Colorado, and which has general circulation therein and in
<br />parts of Boulder and Broomfield counties; that said newspaper
<br />has been continuously and uninterruptedly published for a
<br />period of more than six months next prior to the first
<br />publication of the annexed legal notice of advertisement, that
<br />said newspaper has been admitted to the United States mails as
<br />second-class matter under the provisions of the Act of March
<br />3, 1879, or any, amendments thereof, and that said newspaper
<br />is a daily newspaper duly qualified for publishing legal notices
<br />and advertisements within the meaning of the laws of the State
<br />of Colorado; that a copy of each number of said newspaper, in
<br />which said notice of advertisement was published, was
<br />transmitted by mail or carrier to each of the subscribers of said
<br />newspaper, according to the accustomed mode of business in
<br />this office.
<br />The annexed legal notice or advertisement was published
<br />in the regular and entire edition of said daily newspaper once;
<br />and that one publication of said notice was in the issue of said
<br />newspaper dated November 10, 2024.
<br />, Lee,
<br />Subscribed and sworn to before me this \VA
<br />Agent
<br />day of
<br />November, 2024 in the County of oulder, State of Colorado.
<br />Not Public
<br />ACCOUNT #: 1048836
<br />AD # 208640
<br />FEE: $506.88
<br />SHAYLA NAJERA
<br />NOTARY PUBLIC
<br />STATE OF COLORADO
<br />NOTARY ID 20174031965
<br />MY COMMISSION EXPIRES July 31, 2025
<br />NOTICE Of PUBLIC HEARING
<br />ORDINANCE NO. 1917, SERIES 2824
<br />NOTICE IS HEREBY GIVEN that eta regular meeting of the City Council of the City of Loum-0k,
<br />Colorado, to be held on Tuesday. December 3. 2024 at Me hour of 6.00 p.m., at Luuimna City
<br />Hall, 749 Main Street, Louisville, CO 80027 Of in an electronic meeting, the City Council MA
<br />hole a Public Hearing on the Imal passage and adoption of a proposed ORDINANCE WENDING
<br />TIRE 17 OF THE LOUISVILLE MUNICIPAL CODE CONCERNING THE REGULATION OF NATURAL
<br />MEDICINE BUSINESSES IN THE CITY OF LOUISVILLE AND AMENDING TITLE 9 TO ESTABLISH
<br />PENALTIES FOR UNIAWFOL USE AND CULTIVATION OF NATURAL MEDICINE.
<br />Published in the Daily Camera on November 10, 2024 won tub ordinance_
<br />Full copies available in the city Clerk's Office. 749 Main Street. Louis -rile, CO80027
<br />ORDINANCE N0.1881
<br />SERIES 2824
<br />AN ORDINANCE AMENDING TITLE IT OF THE LOUISVILLE MUNICIPAL 000E CONCERNING
<br />THE REGULATION OF NATURAL MEDICINE BUSINESSES IN THE CITY OF LOUSVALE ARO
<br />AMENDING TIRE 9 TO ESTABLISH PENALTIES FOR UNLAWFUL USE AND COLTWA110N OF
<br />NATURAL MEDICINE
<br />WHEREAS, the City of Louisville (the 'C y'). is a Colorado home rule municipal corporation
<br />duty organized and existing under laws of the State of Colorado and the City of Lon1vine Home
<br />Rule Charter (the "City Charter); and
<br />WHEREAS, the People of the Slate of Colorado approved the citizens' initiative known as
<br />'Proposition 122 Access to Natural Psychedelic Substances' which s codified In Coo. Rev. Slat.
<br />§ 12-170-101, et sea (the "Enab1og Act") in November 2022; and
<br />WHEREAS. the Enabling Act decrimioabaes the personal possession, growing, sharing, and
<br />use. but not the sale. of natural Psychedelic mushrooms (psi1ocyon and K AMM) and pLenl-
<br />based psythede4c substances Idimetyhryptamine. Ibogaine, and mescaline). hereby referred
<br />to as Natural Medicine, and
<br />WHEREAS. the Emoting Act allows for he supervised use M nem-mosaic mushrooms by
<br />individuals aged 21 erne Over at icensed facilities: and
<br />WHEREAS. the Enabling Ad allows for tee cultivation, product manufacture. and testing of
<br />Natural Medicine al licensed facilities: and
<br />WHEREAS, the State Legislature enacted Senate Bill 23-290, which s codified in Cob. Rey.
<br />Sal. § 44-50-101. et seq. (the "Regulatory Ad-1, which estab0slms licensing re9unemens and
<br />reguegons for Natural Medicine businesses, including healing centers, cultivation Iatrtne5. and
<br />products manufacturers; and
<br />WHEREAS, the Regulatory Ad prohibits local government from banning Natural Medicine
<br />businesses within their boundenes but aNOws them to adopt and enact ordinances Ramming the
<br />time, place, and manner of the operation of licensed businesses and further allows them to vary
<br />the distance restrictions imposed by Me Regulatory Ad; and
<br />WHEREAS. after a duly noticed public hearing help Dok00er 10. 2024, where evidence and
<br />testimony were entered into the record, including the Louisville Planning C0nI011551. Staff
<br />Report dated October 10, 2024. the Louisville Planning Commission has recommended Me City
<br />Council adopt the amendments to the ENG set forth in Ws ordimnce;
<br />WHEREAS, City Council has provided nonce of a public hemng on said ordinance by
<br />publication as provided by law and hold a public neann9 as provided in said notice; and
<br />WHEREAS, CM Council desires to enact his ordinance 10 regulate the lime, place, and
<br />manner Of the operation of Ocemed Natural Medicine businesses by identifying the appropriate
<br />toning districts in which Natural Medicine businesses may operate. by modifying the manner in
<br />which the distance restrictions under the Regulatory Act are computed. and by reguabng the
<br />hours of operation for Natural Medicine businesses: ant
<br />WHEREAS, the City Council further desires to establish penalties for offenses relating to
<br />unlawful use and cultivation of natural medicine.
<br />NOW, THEREFORE, BE IT ORDAINED SY THE CITY COUNCIL OF 711E CITY OF LOUSBLLE,
<br />COLORADO'
<br />Sadao 1, Louisville Municipal Code Chapter 17.IM (Definitions) is hereby amended by toe
<br />addition 0f a new Section 17.08.338 and definitions as follows.
<br />See.17,08.334. -Nebi al eielklm.
<br />A Natural medicine means psilocybin a p5ilo yn and other substances described in the
<br />Regulatory Act as "natural medicine.
<br />8. Natural medicine business maples a marl medicine heating center. a mWral medicine
<br />cultivation fanny, a natural medicine products manufacturer, or a natural medicine
<br />testing facility or another licensed entity created by the state licensing 0utnenhy,
<br />c. Natural medmind cultivation facility means a faulty engaged In the Cultivation of natural
<br />medicine.
<br />D, Nartnl nredicse healing center means a Iac4M licensed by the slate licensing authority
<br />that permits a facilitator to provide and supervise natural medicine services lot a
<br />participant.
<br />E. Natural medicine products m000342turer means a facility engaged o the manufacturing
<br />of natural medicine pm0ucis.
<br />F. Nawrat medicine testing Willy means alainly engaged in toe te5ling of and research on
<br />natural medicine and natural medicine products.
<br />G. Regulatory Ail means Me Cdor00 Natural Medicine Code, as codified in Colo. Rev.S(L
<br />§ 44iI101, et 5e0.. es amended.
<br />In addition to the Ioregosg definitions, other toms used in this toe shall have the meanings
<br />ascribed to them in he Regulatory Ad.
<br />Saba 2 Lotion* Munec9N Code Sector 17.12.030 is nere0y amended as follows
<br />(words to he added are underlined):
<br />See. 17.12.036 - use groups.
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<br />SMELL Louisville Municipal Code Section 17.13.020 in ChapK, 17,13 13Om33s1r03K
<br />orficrba shun rove dance) is herby amended as %Ives (woes to be aeded are gnde0m0d1:
<br />See 17,13.021-Use *rya
<br />NO land shall he used Or occupied and n0 structure shall 0e designed. erected, altered- used.
<br />mcupied, except for one or more of the following uses by right, provided Mat a use by right
<br />ay be accompanied by lawful accessory uses and buildings.
<br />A. Professional and business offices;
<br />B. Medical and /entU;Axes and ainics
<br />C. Studios for proe5SOna1 work or leaching lirmruction limited to no mote than ten
<br />students) of any form of fine arts. phao0laplh, music, drama, dance but not including
<br />foal gymnasium,
<br />D. Natural me0iuno laeahng center
<br />SOSI9LL Louisville Municipal Code Section 17.14.050, Tale 1 In Chapter 17.14 (Mixed
<br />use rem districts) is hereby amended as 'glows (words to be added are NMhrlinv0):
<br />See, 17,14.050 -Panelled uses and diand spears ameba=
<br />TABLE 1 F iW5PA1 USES ALLOWED N TM nano USE ZONE DISTRICTS
<br />Yes - Remind 1y0001
<br />IR. Pmn8ed Said to Mead ad Review
<br />IPRINCIPAL USES
<br />IolNe Use Nola
<br />FInane0 inslkul.06—No d1Ne Neagh 1Wv
<br />INo-NMPema:
<br />CL I
<br />I. 1Yes
<br />Ronal wtpBdns aim bn,HMoughfaAy peeMOSSSaloe 211
<br />Gera resea,n 'mikes
<br />Idea art ukaalds 11
<br />Prdespen0ane businesses dike;.
<br />IAcorn adMwlePnem
<br />ISimi animal chefs (NI, mdoseel
<br />I
<br />yes
<br />yes
<br />Ys
<br />Ne
<br />Ys
<br />m
<br />No
<br />Yes
<br />Yes
<br />No
<br />No
<br />649firip_5, Louisville Municipal Code Section 17.16.640 in CAapter 17.16 (General
<br />regulations) is hereby amended as follows (words to be added are NfWerfull ;
<br />See. 17,10.040 -Home se8NPMiom
<br />Home occupatons shall he allowed as a pem)i0ed accessory use governed by the a80won
<br />reputations
<br />H. The following uses, because al their tendency to go beyond Ore limits permitted
<br />to home occupations and thereby impair rile use and value ol the residential area, shall
<br />not be permitted as home occupations:auto repair or motorized implement repair dance,
<br />music or other types of 1 truc4an (it more than lout students being Instructed at One
<br />time); dental ohms; m 4,60 offices neural medetne businesses; nId'Iral marijuana
<br />businesses: medial marijuana opfi01l premises cultivation operations; retail marijuana
<br />establishments; retail mafjuam cultivation tarihues the painting of veleees. bailers or
<br />Goats: private wheals with dammed classes: radio and televsion repair: barber and/or
<br />beauty shop: welding shops: nursing homes: massage therapy by a massage therapist:
<br />cexualy oriented businesses; and, irrespective of whet00 Me use may be cate9onted
<br />as a sexually oriented business, any feted or wholesale Sales to consumers upon the
<br />premises of any types of malenak specified in linable which describe or depid speeded
<br />sexual activities or specified anatomies' dada
<br />Station 8 Louisville Hummed Code Chapter 17,16 (General regulations' s hereby
<br />amended by the addtion of a new Section 17.16.340 as follows.
<br />Sec 17.11.340-Mani medicine Maines:as
<br />A Porpose. The Colorado Natural Medicine Code. a5 coated in the Regulatory Act.
<br />specilua9y minion. the governing body of a municipality to enact an ordinance Io
<br />regulate the time, place, and mama of ilr operation of retinal medicine businesses
<br />B. Distance from schools. No natural medicine business may be located within one
<br />thousand (1.000) Teel of child rare center; preschool, elementary, middle, junior, or
<br />high school; or a residential chid are facility. The distance shall be determined by a
<br />direct mee0aremem from the nearest propMy tine of the /and used for a school or for
<br />child cue a the nearest property line of the site containing the natural medicine buslneaa,
<br />C. Hours of operation. The provision oh natural medicine 54Mces at a natural medicine
<br />bealug center 0010 only occur between the hours of 8.00am and 10.00pm.
<br />6421111L1. Louisville Municipal Code Tole 9 (Public Peace and Welfare) is hereby amended
<br />by the addition of a new Chaplet 9.42 as follows
<br />Chapter 9.42
<br />Menses Relating to Mara Medicare
<br />Sae. 9.12.018. Deititiap,
<br />Natural medicine means dimettryhryptamim, mes,llne. Mogan°, ps8ay0in, or ps/ocyn, or
<br />any other substance listed in Colo. Rey. Slat. § 18-18434, as amended.
<br />N4oraf rmrhone pt00ud means a product infused with natural medicine that's intended tot
<br />consumption.
<br />In addition to the foregoing definitions, otter terns used in Ids chapter snail have the
<br />meanings ascribed a hem In Colo. Rea SIaL § 18-18434, as amebae/.
<br />Sea.1.42.1120.1hWanme 94nessan of aManl aMf lea.
<br />(a) 1) is unlawful for a demon whet the age o1 twenty-one (211 to knowingly possess or
<br />consume natural medicine m a natant medicine product.
<br />(b) A person comsteo of violating this section shall be Penske by 8 tine 01 not none
<br />Man one hundred dollars 4t00) or not more than lour (4) noun of substance abuse education
<br />or nsegng: except that a second or Subsequent convictions suit eel to a fine of not more
<br />Man two hundred dollars (3200), n01 more than tour (4) hours of substance use education or
<br />counseling, and not more than twenty -lour (24) lours of useful public service.
<br />See. 0.42,08. Uele•M Splay es eeam ma= et nasal media..
<br />(a) 11 s unawul 0Ur a person in °Penh and peach dspay or consume natural medicine
<br />or a natural medicine product.
<br />(DI A person convicted of vioatin0 Ms section shall be punished by line of not more than
<br />one hundred Molars (6100) and not more than twenty -lour (24) hours of useful public service.
<br />Bee. 9.12.W, Urbula Mantioa d netunl medicine.
<br />(a) It is unlawful fora person to knowingly cultivate natural medicine that cumuative&
<br />exceeds an area of more Man twelve (12) feet wank by hveNe (12) feet log In One Or more
<br />cultivation areas on private property or for a person who owns, occupies, or controls plate
<br />property t0 knowingly Now such cultivation.
<br />(0) Except as provided in subsection (c), t is unaMul foram nelson to knowon0y cuhmate
<br />natural medicine on private property outside of an enclosed or locked space. or for any person
<br />who owls, occupies, or mortals private properly o knowingly allow such cultivation.
<br />(c) It shall not be a violation of subsection (b), it the person cultivating the natural medicine
<br />is twenty-one (21) years of age or Oder, if Me cult. aloe area is loafed in a dwelling on palmate
<br />Monett and;
<br />(I) If a person under the age olhwenynere(21)1Wesat to dwelling. Me cultivation area
<br />itdf is enclosed and locked: or
<br />(2) If no parson under the age 01lwenty-one (21) lives at he dwelling, the external locks
<br />on the dwelling constitute an enclosed and locked space, but if a person under the age of
<br />lwenry-ore (21) enters the dwelling, the person cu8ivating the natural medicine shall ensure
<br />hat access to the cultivation area 5 reas0NOy re0hicted while the person under he age of
<br />Iwenpro a (211 s present On the plate pmpeny.
<br />(d) A person convicted of violating subsection (a) or )b) shall be punished by a fine of 001
<br />more than one thousand OOglrs ($1,000).
<br />S9tR*Bl. 11 any potion of this ordinance is held 10 be undid Ion any reason, such decision
<br />shelf net abed the enNWY o he remaining patois of this ordinance. The City Council hereby
<br />declares hat it would have passed his ordnance and each pan herml irrespective at the fact hal
<br />any one pan be declared invalid.
<br />Sedan 9. The repeal or modirption of any Provision of the Municipal Cale of the City
<br />of Louisville by this ordinance stun rot release, extinguish, alter, modify. or change in whole Or
<br />in part any penalty, forfeiture, or liability. either cord or criminal, which shall have been incurred
<br />under such provsion, and each provision shall be healed and held as still remaining in force for
<br />Ile purpose of sustaining any and all proper actionssuss, proceedings. and prosecutions for
<br />he enforcement of the penalty, fortedure, or UMW 00 bell as to the Peapase m wSlaining airy
<br />judgment, decree, or order which can or maybe rendered. entered. or made in such attars. wits,
<br />proceedings. Ofpmsecutions,
<br />1.51300_11L al other ordinances or portions thereof in0000Alm or conflicting with Res
<br />or1meme 01 any Kuban hereof are hereby repealed to lie extent of such inconsistency orcont1ici.
<br />INTRODUCED, READ, PASSE) ON FIRST READING AND ORDERED PI0LISIMO this 4th day
<br />of November 2024.
<br />Christopher M. Leh, Mayor
<br />ATTEST;
<br />Genny Nnne, Interim Coy Clerk
<br />APPROVED AS TO FORM:
<br />Kelly PC, City Attorney
<br />PASSED MO A009182 ON SECOND AND FINAL REAMS, Ms day oi2024.
<br />ATTEST:
<br />Geary pine, Interim Coy Clerk
<br />Christopher M. Leh, Mayor
<br />
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