ITEM TITLE:
#21-11 - Amending Chapter 5.06 of the Valdez Municipal Code Titled Regulation of Marijuana
SUBMITTED BY: Bart Hinkle, Chief of Police/Nicholas Farline, Parks and Recreation Director/Sheri Pierce, MMC, City Clerk/Jake Staser, City Attorney
FISCAL NOTES:
Expenditure Required: N/A
Unencumbered Balance: N/A
Funding Source: N/A
RECOMMENDATION:
For Discussion. Public comment expected.
SUMMARY STATEMENT:
On 7.17.21, City of Valdez personnel were asked by a local citizen how they could obtain a permit for consuming marijuana on City property (specifically, Dock Point) to commemorate a significant event in late October.
Unlike alcohol, there is not an established process, or allowance, for City personnel to grant such a request.
Consumption, and prohibition, of alcohol in certain places is clearly addressed in Section 5.08.040 of the Valdez Municipal Code, which reads:
5.08.040 (A) No person shall consume any intoxicating liquor on any public street, sidewalk, or in any city park or recreational facility.
5.08.040 (B) The parks and recreation director, with approval of the police chief, may grant exceptions to subsection A of this section. An application for a waiver must be completed and submitted to the parks and recreation director no less than five working days prior to the scheduled event.
The application has been attached for reference (Attachment #1).
In response to the request, City Administration formed a small working group (City Clerk, Legal, PRCS Director, and the Police Chief) to research and draft an allowance, if legally permitted to. Guiding statutory language exists at not only the local, but also State, level in Valdez Municipal Code, Alaska Administrative Code, and Alaska Statute.
AS 17.38.040 provides “It is unlawful to consume marijuana in public. A person who violates this section is guilty of a violation punishable by a fine of up to $100.”
3 AAC 306.990 states that “in public”
(A) means in a place to which the public or a substantial group of people has access;
(B) except as provided in (C) of this paragraph, includes highways, transportation facilities, schools, places of amusement or business, parks, playgrounds, prisons, and hallways, lobbies and other portions of apartment houses and hotels not constituting rooms or apartments designed for actual residence;
(C) does not include an area on the premises of a licensed retail marijuana store designated for onsite consumption under 3 AAC 306.305.
VMC 5.06.040 is aligned with Alaska Statute and states that “Use or consumption of marijuana in a public place is prohibited.”
VMC 5.06.010 defines “Public place” as “any area to which the public is invited or into which the public is permitted, including, but not limited to, educational facilities, entertainment, food and beverage services, offices, retail stores, common areas in multi-unit buildings such as lobbies, stairwells and hallways, transportation facilities and vehicles accessible to the general public, parks, public rights-of-way, shorelines, waterways, tidelands, as well as all city-owned property.”
State Law and City Code both prohibit consumption of marijuana in “public” and in a “public place”, respectively. In light of the City’s definition of “public place”, which includes “parks” and “all city-owned property”, there is ample amount of authority to simply deny the request or expressly state that City waivers are not intended to permit the use of marijuana.
Alternatively, it was discussed that if the City is inclined to allow such events, the conditions on the permit should ensure that the event is considered a “private” event and, therefore, not subject to the State and City prohibitions. It is staff’s stance that additional conditions of the permit should also include only allowing those 21 years of age or over, a written plan that illustrates how the event has limited access to the general public, and a limited number of people - making it a “private gathering”. Lastly, the proposed venues for such events are limited to Dock Point and the Goldfields.
The draft application for a waiver to allow consumption of cannabis on city property is attached for reference (Attachment #2).
Consumption, and prohibition, of marijuana in certain places is addressed in Section 5.06.040 of the Valdez Municipal Code, which reads:
5.06.040 (A) Use or consumption of marijuana in a public place is prohibited. This section is not intended to restrict a property owner from further restricting use of marijuana.
If the City decides to provide for a waiver for the above, the following language would be added to VMC 5.06.040:
B. The parks and recreation director, with approval of the police chief, may grant exceptions to subsection A of this section for private events held on City of Valdez owned property. An application for a waiver must be completed and submitted to the parks and recreation director no less than ten (10) working days prior to the scheduled private event.
1. The parks and recreation director, with approval of the police chief, may impose conditions on any waiver granted pursuant to Subsection B including conditions limiting the time, place, and manner of activities.