Dave Hober

Monterey Police Chief Dave Hober listens during the Dec. 1 city council meeting in Monterey.

In a lively Tuesday meeting that stretched hours, the Monterey City Council made a number of decisions under the guise of public safety.

It moved to ban the use of eCigarettes where smoking is already prohibited (throughout the city).

The City Council also chose to halt smoking on Wharf II (which means no e-ciggies either, fishermen types).

It also restricted food trucks to one hour of operation. (More on that below.)

And it ruled to extend the prohibition of the delivery and cultivation on medical marijuana in city limits.

In the face changing medical marijuana laws on the state level, Monterey had to address its prior ban on the delivery and cultivation before the city ceded regulatory power to Sacramento.

While some had hoped the city would liberalize its existing code, the city staff recommended to continue the prohibition—as Monterey Police Chief David Hober staunchly opposed cannabis for medicinal purposes being grown and distributed in the city.

During public comment at least 10 people spoke in opposition to the ban with no one speaking in support.

After a presentation by the chief of planning Chip Rerig on amending the city ordinance, Hober declined to comment when asked by the council.

There was consternation in the audience later when Councilmember Libby Downey asked Hober to answer questions, saying his time to speak should have been before public comment.

The council moved to continue the prohibition with Councilmembers Alan Haffa and Timothy Barrett dissenting.

Haffa claimed the ordinance interferes with doctors’ ability to provided care to their patients.

While council didn’t flinch at the unanimous opposition in public comment to the continued ban on medical marijuana, it voted in line with the unanimous support from Monterey business leaders to put the squeeze on food trucks operating in the city.

“Diversity? It’s about fairness,” said one businessman during public comment. “People can’t come in and capitalize on our hard earned dollars.”

The council voted to restrict the operation of food trucks to one hour per four-hour period, with Barrett dissenting.

The city would have likely faced litigation if it enacted an outright ban of food vendors, as state case law restrict cities’ attempts for outright bans.

Barrett claimed that there was public support for food truck and that passing an ordinance to protect established business interests was illegal.

The city claims the ordinance is to protect against traffic hazards.

The council also voted to ban eCigarettes where smoking is prohibited, e.g. restaurants and bars, as well as an outright ban of smoking on the city’s Wharf II.

Councilmember Ed Smith dissented, claiming government overreach. 

Editors note: An earlier version incorrectly stated weedmaps.com stopped displaying delivery points within the city of Monterey. For delivery locations look here.

(1) comment

Milo Pence

“Diversity? It’s about fairness,” said one businessman during public comment. “People can’t come in and capitalize on our hard earned dollars.”

Tell it to Uber.

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