Title
Consider an ordinance amending the Code of Ordinances Chapter 22, Article V - Marijuana Enforcement.
Summary
DATE: December 6, 2022
TO: Kent Cagle, City Manager
FROM: Holli Clements, City Attorney
SUBJECT: Amendment to Chapter 22, Article V - Marijuana Enforcement
BACKGROUND AND FINDINGS:
On November 22, 2022, City Council canvassed the November 8 Special Election where the voters approved the initiative ordinance to eliminate low-level marijuana enforcement. City Council directed a moratorium on the ordinance until December 6, 2022 when Council would consider possible amendments to the ordinance.
City Council discussed the option of amending or removing Section 22-83 of the ordinance which prohibits Killeen police officers from considering the odor of marijuana or hemp to constitute probable cause for any search or seizure except in limited circumstances.
Based on that discussion and so that City Council will have the option to take action on this or other amendments, staff has prepared a draft ordinance removing Section 22-83. Rather than taking action on this item at this time, City Council may instead choose to discuss further options during the meeting or the workshop.
THE ALTERNATIVES CONSIDERED:
The alternatives are:
1. Approve the amendment as presented to the Marijuana Enforcement Ordinance;
2. Approve additional or different amendments to the Marijuana Enforcement Ordinance; or
2. Do not approve amendments to the Marijuana Enforcement Ordinance at this time.
Which alternative is recommended? Why?
N/A
CONFORMITY TO CITY POLICY:
Section 110 of the City Charter authorizes amendment of an initiative ordinance.
FINANCIAL IMPACT:
What is the amount of the expenditure in the current fiscal year? For future years?
N/A
Is this a one-time or recurring expenditure?
N/A
Is this expenditure budgeted?
N/A
If not, where will the money come from?
N/A
Is there a sufficient amount in the budgeted line-item for this expendi...
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