Pubdate: Sun, 19 Jul 2009
Source: Times-Standard (Eureka, CA)
Copyright: 2009 Times-Standard
Contact: http://www.times-standard.com/writeus
Website: http://www.times-standard.com/
Details: http://www.mapinc.org/media/1051
Author: Jessie Faulkner
Bookmark: http://mapinc.org/topic/dispensaries
Bookmark: http://www.mapinc.org/find?115 (Cannabis - California)
Bookmark: http://www.mapinc.org/mmj.htm (Cannabis - Medicinal)

ONGOING COURT CASE MAY THREATEN FORTUNA'S DISPENSARY BAN

FORTUNA -- The City Council is scheduled to discuss a few options 
Monday in the event that an ongoing court case determines that 
banning marijuana dispensaries is not allowed.

Almost exactly one year ago, the council adopted an ordinance 
prohibiting medical marijuana dispensaries within Fortuna city 
limits. At the time, City Manager Duane Rigge said the intent wasn't 
to prevent those with 215 cards from using medical marijuana, but to 
prevent the crime that can be associated with dispensaries.

In a report to the council by City Attorney David Tranberg and Rigge 
for Monday's meeting, it's noted that the city of Anaheim was sued 
shortly after the municipality banned medical marijuana dispensaries.

"The city has successfully prevailed in both the trial court and the 
appellate court so far ...," the report said. "The California Supreme 
Court has scheduled oral arguments in the case for late September."

In the event the state Supreme Court permits regulation but not 
prohibition, the city's ordinance would be invalid.

The city manager and attorney are recommending the council begin 
looking at the type of medical marijuana dispensaries it would 
prefer, should the court outlaw full-scale prohibitions of such businesses.

In other matters, the council will hold a public hearing to revise 
the city's fines for parking violations.

Police Chief Kris Kitna's report to the council states that new state 
regulations require the city to send an additional $4.50 to the 
county for each parking citation issued. Those funds are earmarked 
for the "Court Facilities Construction Fund," and the "Immediate 
Critical Needs Account." Currently, the city submits $5 to the county 
for every parking citation.

To meet the budgeted revenue from parking citations, Kitna is 
suggesting the council consider increasing parking fees.

Some of the proposed increases are $25 to $30 for parking in no 
parking areas; $20 to $30 for exceeding the allowed time in timed 
zones and $35 to $40 for abandoned vehicles.

A full copy of the council's agenda for Monday's meeting may be 
viewed on the city's Web site, www.friendlyfortuna.com, or, during 
business hours, at Fortuna City Hall, 621 11th St.

If You Go:

What: Fortuna City Council

When: 6 p.m. Monday

Where: Fortuna City Hall, 621 11th St.
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MAP posted-by: Jay Bergstrom