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About East Oregonian : E.O. (Pendleton, OR) 1888-current | View Entire Issue (May 30, 2015)
Page 12A OFF PAGE ONE East Oregonian GROWER: Legality of marijuana odor ordinance in question Continued from 1A feeble attempt to discourage marijuana use,” Roberts stated in an email. “But nothing can be further from the truth.” He said Pendleton has long had an odor ordinance that bans “unreasonable quantities of soot, cinders, noxious acids, fumes or gases to escape, causing harm to another person or to the public or endangering the health, comfort and safety of any person or the public, or permit or cause materials to injure or damage property or business.” 0DULMXDQD KH VWDWHG ¿WV LQWR that description when growers dry the plant’s buds. Woods said that is when the plant is at its most pungent. He said he snips off the marijuana buds and hangs them to dry in his house, which takes seven or eight days. He uses fans to help with the drying and to push the odor outside. Woods also said he cannot afford ¿OWHUVWKDWZRXOGFXWGRZQRQ the smell. Woods’ neighbor, Mike Arbogast, claimed the drying weed stunk up the air outside his home and even seeped into his clothes. Roberts said Woods was not willing to modify his operation to curtail the odor and there were even “threats of lawsuits, violence and other unethical acts were uttered/implied.” 5REHUWV VDLG WKDW FRQÀLFW gave birth to the new city law. “So let’s be clear, we are not talking about the exhaling of a drag from a marijuana cigarette,” he said. “We are talking about concentrated odors, which are constantly vented out of an enclosed drying/growing area. There is no opportunity for the odor to GLVVLSDWHVLJQL¿FDQWO\EHFDXVH of the consistency in which the air/odor is forced.” But Pendleton attorney Will Perkinson said the new law has serious problems, starting with the fact that it places restric- tions on medicinal marijuana WKDW FRQÀLFW ZLWK WKH 2UHJRQ Medical Marijuana Act. That raises the legal issue of preemption, he said, meaning the existing state law preempts the local law. Staff photo by E.J. Harris Woods grows a variety of strains of marijuana depending on the particular medical needs of his clients. “... We are not talking about the exhaling of a drag from a mari- juana cigarette. We are talking about concentrated odors, which are constantly vented out of an enclosed drying/growing area.” — Pendleton Police Chief Stuart Roberts Pendleton’s law also lacks a severability clause, he said, which states if a portion of a law is unconstitutional or illegal, the rest of the law remains in effect. Without that clause, he said, Pendleton’s law is valid in its entirety or not at all. “It ... unreasonably inter- feres with the lawful produc- tion and use of medicinal marijuana,” Perkinson said. Perkinson said he takes Roberts at his word about the purpose of the law, but how DQ RI¿FHU RQ WKH VWUHHW RU D citizen interprets it is another matter. Is smoke from a joint, for example, a marijuana product? “I think that’s unclear,” Perkinson said. “That’s an area of ambiguity.” The ordinance also places the weight of proof on the nose RI SROLFH RI¿FHUV 3HUNLQVRQ asked how could someone prove the odor did not escape, RUDQRI¿FHUGLGQRWVPHOOSRW" He said these ambiguities and the possibility for wide appli- long-discussed topics that could see some action. did mention the need for After years of planning, the fee to cover staff time to the city is set to consider a process criminal background trio of utility master plans checks. that could raise rates for The council amended the water and sewer and institute zoning laws to allow medical fees. marijuana dispensaries in Over the next 10 years, certain commercial zones a city consultant estimated last month after a year-long Pendleton would need to moratorium expired. But spend $56.9 million to since the city’s current replace, maintain and add to business license laws don’t the town’s water and sewer allow businesses that are in infrastructure. violation of federal law, city In order to pay for the RI¿FLDOV KDYH VDLG WKDW WKH LPSURYHPHQWV WKH ¿UP moratorium is effectively suggested doubling water still in place until the city rates, raising sewer rates changes its laws. by 57 percent and creating The workshop is sched- a systems development uled for 6:30 p.m., just cost — a fee assessed to new before the council’s regu- developments. The stormwater utility, larly scheduled meeting at 7 p.m. Although the council’s D ¿UVW IRU 3HQGOHWRQ ZRXOG regular meeting has no mari- be used to improve, operate juana-related issues on the and maintain the city-owned agenda, it will feature other levees and the city’s storm- Continued from 1A cation make it a bad law. “The city council should just say no to new marijuana laws,” he said. Roberts said police will “try to get the offender to modify RU ¿OWHU WKH HPLWWLQJ RGRUV LQ the name of responsibility, respect and fairness. Should they choose not to comply, we will (inform) the offended that they can sign a complaint.” He also said he did not see this as a code or police enforcement issue. Rather, the ordinance allows residents to sign a complaint, which police would then serve. “At that point,” Roberts said, “the offended and offender can have their argu- ments heard by an indepen- dent third party (i.e. municipal judge).” It is unknown what would qualify as evidence in such a court. Woods is also trying to open a marijuana dispensary on Tutuilla Road, not far from his home, in one of the few places city restrictions would allow a dispensary. water drainage system. For WKH ¿UVW ¿YH \HDUV WKH ¿UP VXJJHVWHG FKDUJLQJ D ÀDW rate of $7.25 to help cover the $7.5 million cost of improving the system. The consultants recom- mended a portion of these new revenue streams be used to hire 11.5 new city employees. Although the city plans to adopt the utility master plans at the June 2 council PHHWLQJ RI¿FLDOV KDYH VDLG any rate hikes or charges would be decided upon at a later date. The city is also set to adopt a $53.2 million budget IRUWKH¿VFDO\HDU Highlights include FUHDWLQJDQHZSROLFHRI¿FHU position and three new paramedic positions. Both meetings will be held at the council chambers in city hall, 500 S.W. Dorion Avenue. BOUNDARY: New buildings will have larger capacities 28th Street. All students living east of Southgate and south of Inter- state Highway 84 are within McKay Creek Elementary School boundaries. Children that live west of Southgate and south of Southwest 37th Street will also attend McKay under the proposal. For district students living east of Pendleton, including those on the Umatilla Indian Reservation, Interstate Highway 84 acts as a clear-cut boundary — children living north of Interstate Highway 84 attend Washington while students living south of the highway go to McKay Creek. Superintendent Jon Peterson selected the proposed boundary map after a lengthy process. The district originally formed a committee comprised of parents, prin- cipals and a Mid Columbia %XV &R RI¿FLDO DQG WDVNHG them with considering seven boundary map options. The committee whittled the options down to two, which were presented to the public through a series of FIRE: The X factor will be lightning Continued from 1A COUNCIL: Set to adopt $53.2M budget for 2015-16 Continued from 1A Saturday, May 30, 2015 public meetings in late April and early May. The parents’ input was then turned over to Super- intendent Jon Peterson, who used it as a factor in his decision. The district is redrawing district boundaries as new facilities for Washington and Sherwood Heights are being built. The new buildings will have larger capacities, allowing the district to consolidate Lincoln Primary School and West Hills Inter- mediate School. After the new Washington and Sher- wood Heights are completed in 2016, Lincoln will be repurposed into the district’s FHQWUDO RI¿FH :HVW +LOOV will become an alternative school and career-technical education center. Starting next year, all current elementary schools ZLOO VHUYH ¿UVW WKURXJK ¿IWK JUDGHV 7KH GLVWULFW¶V kindergarten students will be centrally located at the Pendleton Early Learning Center, formerly Hawthorne Alternative High School. The proposal will be considered for approval at the Pendleton School Board meeting Monday at 6:00 p.m. The board meeting is at the Intermountain Education Service District Lodgepole Room, 2001 S.W. Nye Ave. For more information, FRQWDFW WKH GLVWULFW RI¿FH DW 541-276-6711. Karaoke with Ron Martin! A local favorite May 30, 7 pm - 10 pm In the Red Lion Lounge 304 SE Nye, Pendleton 541-276-6111 He said he lost his job driving bus for the Confed- erated Tribes of the Umatilla Indian Reservation after seeking medical marijuana patients on Facebook, then health problems prevented him from driving commer- cially, so he opted to go into business for himself. Though he has a location and put up signs advertising the business, he is not in operation. Woods said he is negotiating with vendors and the store might not open for a month. Other city regulations allow dispensaries to operate in certain zones and not within 1,000 feet of parks, schools or another dispensary. Whoever RSHQVDSRWGLVSHQVDU\¿UVWRQ Tutuilla will have a lock on that area. As long as it doesn’t stink, or someone complains that it does. ——— Contact Phil Wright at pwright@eastoregonian.com or 541-966-0833. temperatures, according to the Northwest Inter- agency Coordination Center in Portland. By July and August, Oregon and Washington should see DQHOHYDWHGULVNRIODUJHGHVWUXFWLYH¿UHVEDVHGRQ heat, drought and low snowpack. /DVW\HDU2')GHFODUHG¿UHVHDVRQRQ-XQH in the Northeast Oregon District — the third-ear- liest start to a season since 1977. It could be even earlier this year, Williams said. ³7KHRQO\WKLQJNHHSLQJXVIURPDKLJKHU¿UH danger is the grasses haven’t cured yet,” he said. “As soon as those get cured out and ready to burn, WKHQZH¶UHOLNHO\WRKDYHDKLJK¿UHGDQJHU´ The Northeast Oregon District is responsible IRUSURYLGLQJ¿UHSURWHFWLRQRQDERXWPLOOLRQ acres of mostly private and some public range- land in Umatilla, Union, Baker, Wallowa, Grant, 0DOKHXUDQG0RUURZFRXQWLHV2QFH¿UHVHDVRQ is declared, landowners will need to obtain burn permits from ODF and face restrictions on activi- ties such as smoking, chainsaws and certain types of ammunition. 7KH SRWHQWLDO IRU ODUJH ¿UHV LV PHDVXUHG E\ the energy release component, or ERC, of forest fuels. Foresters calculate ERC based on a number of weather-related factors, such as temperature, KXPLGLW\ZLQGVSHHGDQGPRLVWXUH7KH¿JXUHLV WKHQUHÀHFWHGDVDVLQJOHQXPEHU A typical ERC for forests this time of year is 35, Williams said. The actual number was already as high as 50 in early May in some areas, before much-needed rains pushed the levels back down to normal. However, Williams expects conditions to quickly dry up again. He said the district should ¿QLVKKLULQJVHDVRQDO¿UH¿JKWHUVE\-XQHDQG EHJLQLQWHUDJHQF\¿UHVFKRRO-XQHDW(DVWHUQ Oregon University. Meanwhile, the district has already responded WRHLJKWKXPDQFDXVHG¿UHVDVRI)ULGD\EXUQLQJ about 40 acres. “With the dry conditions, people need to be safe and responsible, and realize they could KDYH ¿QDQFLDO UHVSRQVLELOLW\ LI WKH\ VWDUW D ¿UH´ Williams said. 2')KDVVSHQWPLOOLRQSXWWLQJRXW¿UHV RYHU WKH SDVW WZR ¿UH VHDVRQV 7KH 1RUWKHDVW 2UHJRQ'LVWULFWVDZWRWDO¿UHVEXUQLQJ acres in 2014, compared to the 10-year average of ¿UHVDQGDFUHV The U.S. Forest Service does not declare D IRUPDO ¿UH VHDVRQ OLNH 2') GRHV WKRXJK WKH agency does implement public use restrictions on QDWLRQDO IRUHVWV DV QHHGHG %UHW 5XE\ ¿UH VWDII RI¿FHURQWKH:DOORZD:KLWPDQ1DWLRQDO)RUHVW VDLGHYHU\WKLQJKDVOLQHGXSIRUDWRXJK¿UH\HDU The X factor, Ruby said, will be lightning. “That’s going to tell the tale, if the lightning comes in wet storms or dry storms,” he said. “But the fuel conditions will certainly be conducive.” ——— Contact George Plaven at gplaven@eastore- gonian.com or 541-564-4547.