Title 10.Chaper 1.Part 4 – will effectively prohibit any medical marijuana establishments within the unincorporated areas of the county.
Even though Lyon County contracts with the City of Fernley for law enforcement services, the District Attorney’s office determined that each of the two cities should create their own ordinances. Veil said they have already requested the City of Fernley enact a similar ordinance.
Veil indicated most, if not all, Nevada Counties were moving toward prohibiting such establishments.
In explaining the District Attorney’s Office position on the authority of the County to establish its own ordinance, District Attorney Bob Auer said, “Our position is that in our reading of the bill is that there’s nothing in the state law that prohibits a county from using its local zoning laws in the full manner that local zoning laws may be allowed. We read nothing in the law that restricts us from doing so. So it’s our position that under the local zoning law if it’s in the best health, safety and welfare of our citizens to completely prohibit this type of activity, which is my position as District Attorney and the Sheriff’s position, that that is what we should do, that our county can do so. And our office is prepared to defend that position.”
In regards to questions of concern relating to enforcement in incorporated areas, Auer said “I believe that the state officials who are tasked with trying to carry out this plan are confused about that; but our position in reading the legislation is that under our local zoning authority that if you folks in your wisdom think this is a bad idea, which the sheriff will tell you it is a bad idea, that we can prohibit it. Also, I think the thought process was that the City of Yerington and the Fernley City Council should have their own ability to discuss this and act upon it themselves.”
Commissioner Virgil Arrellano proposed the ordinance as presented. After proper noticing, a public hearing before the Commission will be scheduled.