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3 of 3 Premium Clicks used this month SUBSCRIBE Print + Online Subscriber Activation | Register x Forgot Password | Need an Account? e-edition | subscribe | newsletter | deals Home News Latest Stories Emergency services, March 15 Jacksonville requests extension on reservoir dam-notching permit Sams Valley residents rally against plan to spread treated human waste Since You Asked: Why no notice about Centennial Golf Course plans? Emergency services, March 14 Crime, Courts and Emergency Services Emergency services, March 15 Emergency services, March 14 Judge denies motion to suppress evidence in Rogue River serial murder case Medford man gets 4 years for burglaries Heroin at root of sad tale of crime and death in Grants Pass Politics and Elections Arthur I. Cyr: South Korea represents long-term triumph – for them and for US Special election: Jackson County voters OK marijuana tax Ex-Merkley aide chosen as Oregon secretary of state Ashland: Budget increase, swimming pool funding discussion on council agenda Judge upholds Phoenix's moratorium on medical marijuana dispensaries Education St. Mary's School buys campus from parish for $6.5 million Medford School District calls foul on teachers union Supporters rally to back beleaguered principal St. Mary's reaches out to China Inert grenade spurred White Mountain Middle School evacuation Environment Jacksonville requests extension on reservoir dam-notching permit Blooms coming too early for Rogue Valley's bees Low snow closes Mt. Ashland bunny hill chairlift DEQ issues fines over illegal White City dumping site Catastrophic wildfires expected in Southern Oregon this summer State News Gov. Kate Brown to declare drought emergency in Lake, Malheur counties Lebanon High School sharpshooters aim for national titles Man languishes in Oregon jail, hasn't commit a crime Judge sides with Oregon, sends Oracle case to state court Strippers make case to Oregon legislators for work improvements Nation - World Obituaries Lester Olufsen Death Notices Shiela Marie Death Notices Death Notices Weather Photo Galleries Since You Asked Videos Web Cams Mail Tribune 100 Shareable Bank of America is predicting a massive Tesla collapse Mars One attracts science fiction geeks and people who hate society Sports Latest Stories UO women's reign ends; Duck men win Ichiro still going strong Harvick stands as big favorite at Phoenix Birdie binge puts Moore in lead at Valspar Raiders' national title hopes dashed Varsity 541 College Sports UO women's reign ends; Duck men win Raiders' national title hopes dashed The Young and the Fearless No. 11 Irish upset No. 2 Blue Devils SOU wins one of two in CCC openers Pro Sports Ichiro still going strong Harvick stands as big favorite at Phoenix Birdie binge puts Moore in lead at Valspar Madden blasts Ferrell for lack of respect Blazers deal Pistons ninth straight loss Community Sports Business Latest Stories Rogue Disposal plans natural gas fueling site Blog: Are You Superstitious? East McAndrews Road sees a resurgence in commercial projects Alaska, United Express boost Medford airport to record February Jackson County jobless rate falls to 7.7 percent Real Estate News East McAndrews Road sees a resurgence in commercial projects Business briefs: March 7 New construction prices jump 18.2 percent in Jackson County People In Business People in Business: Feb. 28 People in Business Transportation Rogue Disposal plans natural gas fueling site Alaska, United Express boost Medford airport to record February CEO Rieder leaving Erickson March 31 Lodging gains bode well for travel industries Agriculture Harry & David announces new president Warm winter has fruit growers poised for action Briefcase: Business briefs for Feb. 21 Opinion Latest Guest Opinion: Return to clearcutting is wrong approach for counties Letters to the Editor, March 14 Other Views: State must rein in medical marijuana Guest Opinion: Plan a Hawthorne playground for all children Matthew T. Mangino: Leniency or smart punishment strategy Editorials Other Views: State must rein in medical marijuana Our View: Daylight saving bill another waste of time Our View: Medford native Dave Frohnmayer leaves legacy of distinguished service Our View: Medford council shouldn't over-regulate backyard pot gardens Our View: Atkins a safe choice for secretary of state Letters to the Editor Letters to the Editor, March 14 Letters to the Editor, March 13 Letters to the Editor, March 12 Letters to the Editor, March 11 Letters to the Editor, March 10 Columns Guest Opinion: Return to clearcutting is wrong approach for counties Guest Opinion: Plan a Hawthorne playground for all children Arthur I. Cyr: South Korea represents long-term triumph – for them and for US George Will: The Export-Import Bank's tenacious grip Dana Milbank: Republicans set up a breakaway nation Guest Opinions Guest Opinion: Return to clearcutting is wrong approach for counties Guest Opinion: Plan a Hawthorne playground for all children Guest Opinion: There is nothing uniform about the Uniform Crime Report GUEST OPINION: Police, community should work to prevent profiling Guest Opinion: Don't overregulate Oregon's hemp industry Lifestyle Latest stories Drawing for youth turkey hunts March 31 Hunting's Second Season Community blog: Have a ball at this weekend's cheese festival Get Out calendar for March 13 Community blog: Denial is Not a River in Egypt Food Community blog: Have a ball at this weekend's cheese festival Community blog: Fewer and fewer of us eschew brilliant beets Season Stepp: Celebrate St. Patrick’s Day with authentic Irish recipes Page H. Onorato: The 10 commandments for the Southern cook Page H. Onorato: Try out this hot stuff in your kitchen on a cold night Home and Garden Using universal design Dear Monty: Successful rezoning property requires a plan Garden Cameos: Time to give your garden a new look Carol Link: Eradicate weeds completely, use edgers to help keep thrift on slope Paul Rogers: Daylight Saving, full moon hopeful signs for spring Health Community blog: Denial is Not a River in Egypt Health Watch: Living smart to protect your heart Community blog: Can Twentysomething Depression Be�Healed? Dr. Murray Feingold: What’s your excuse for being late? Community blog: The Future is Now Hiking Biking Faith Religion briefs: Friday, March 13 More religion events in the Rogue Valley Religion Briefs Religion briefs, Feb. 27 Religion briefs: Friday, Feb. 20 Milestones and Achievements Exercise helps special-needs kids adjust to airport procedures Engagement: Workman-Wright Anniversary: Hofer Columnist for a Day Rogue Healthy Aging Tempo Latest stories Review: 'Same Time' after all these years Kites & Crows, Ryan Marchand and Mercy Duo face-off this weekend at Rising Stars music competition in Jacksonville City-rock band Shotgun Wedding performs at the Craterian Theater in Medford Randall Theatre presents playwright Bernard Slade's comedy Nitty Gritty Dirt Band co-founder John McEuen performs at the Unitarian Fellowship in Ashland Theater Review: 'Same Time' after all these years Randall Theatre presents playwright Bernard Slade's comedy Thanks for the Memories presents 'Anastasia' TMTO's 'Bye Bye Birdie' takes flight Brava! Opera presents classic Mozart and Poulenc Music Kites & Crows, Ryan Marchand and Mercy Duo face-off this weekend at Rising Stars music competition in Jacksonville Rogue Valley Chorale presents 'A Festival of Choirs' at the Craterian Theatre SOU's Chamber and Concert choirs present 'Songs of Passion' City-rock band Shotgun Wedding performs at the Craterian Theater in Medford Live Music in Local Clubs Community Events Ashland Independent Film Festival announces this year's lineup OSF Hip-Hop Poetry Open Mic Ashland's First Friday Art Walk showcases new exhibits by regional artists Jesse Lawson and Joe Moxley host 'Barkeeper' Third Fridays showcases local artists Dining Agave offers gourmet tacos, tamales, ensaladas and more Serra storms Seattle Sakura Japanese Sushi Restaurant opens in new location Restaurant Inspections: Sunday, March 1 Great Outdoor Grill offers healthful options Tempo Videos Classifieds Jobs Autos Real Estate FEATURED » Obits Blogs TV Listings Movie Listings Oregon Outdoors Oregon Healthy Living Magazines/Special Sections Business Services NEWS NOW Guest Opinion: Return to clearcutting is wrong approach for counties ... Other Views: State must rein in medical marijuana ... Judge denies motion to suppress evidence in Rogue River serial murder case ... Guest Opinion: Return to clearcutting is wrong approach for counties ... Other Views: State must rein in medical marijuana ... Judge denies motion to suppress evidence in Rogue River serial murder case ... MARIJUANA Proposed Medford ordinance would fine pot grows that fail sniff test Council considers fence requirements and restrictions on plant height By Damian Mann Mail Tribune MailTribune.com By Damian Mann Mail Tribune Posted Mar. 9, 2015 @ 6:09 pm Updated Mar 10, 2015 at 11:05 AM By Damian Mann Mail Tribune Posted Mar. 9, 2015 @ 6:09 pm Updated Mar 10, 2015 at 11:05 AM » Social News p bs:newslist StartDate="20121121" EndDate="p bs:datecalc Months="3"" DateSort="1" UseObjects="1" ObjectClass="81" Taxonomywords="2325,665" ExactTaxonomyMatch="1" Image="1" Count="4" --> Smelly pot gardens could face fines of up to $250 a day if the Medford City Council decides to approve a draft ordinance to head off neighborhood complaints once cannabis becomes legal on July 1. “I would be in favor of it,” Councilor Tim Jackle said. He said he and other councilors have received many calls from residents annoyed at the pungent smell of medical marijuana plants. On July 1, Ballot Measure 91 takes effect, allowing a resident 21 or older to grow up to four marijuana plants for recreational use and to possess up to eight ounces of dried cannabis flowers. Voters approved Measure 91 last November. The new ordinance will be considered by the City Council on Thursday and would require pot growers to prevent odors from emanating outside their backyards. The ordinance would require 7- to 8-foot fences around marijuana gardens, and the plants themselves couldn’t grow any taller than the height of the fence. The city would require a permit be obtained from the Building Department prior to construction of the fence. A locking mechanism would need to be installed on the gate leading into the enclosure. The enclosure can be made of chain link, wood, masonry, metal, stonewall or a combination of materials. If chain link is used, the ordinance states any opening cannot be larger than 1 ¼ inches. Any production or processing of marijuana would have to be screened from public viewing, according to the proposed ordinance. Fabrics, tarps or shade screens cannot be used to obscure the marijuana, the proposed ordinance states. Violations of the fence ordinance or the screening ordinance also carries a $250-a-day fine. Jackle said he likens a marijuana odor regulation to a noise ordinance. “Like any other nuisance, you have to make the argument that the smell has risen to the point of being a nuisance,” Jackle said. In other states, growers apparently have installed scrubbers to eliminate odors from indoor grows, Jackle said. He acknowledged it would be more difficult to control odors from outdoor gardens. He said he believes the city has the ability to regulate odors or require fencing without being in conflict with Measure 91. Kevin McConnell, deputy city attorney, said other jurisdictions in the country have passed laws dealing with odors from marijuana. “Marijuana supporters might think it’s an underhanded attempt to get around Measure 91,” he said. McConnell said small backyard marijuana gardens likely won’t generate complaints from neighbors. “It’s the big grows with the skunk type of strains that create the odors,” he said. He said the city is trying to craft an ordinance that addresses the inevitable complaints by residents over their neighbor’s backyard pot garden. McConnell said there are other ways marijuana growers can control the smell, including indoor operations or using some strains of marijuana that have been developed to produce low odors, McConnell said. The draft ordinance likely will be tweaked or changed before it comes back to the council for a vote, he said. One tweak councilors could consider is requiring three separate complaints from different neighbors before a violation is declared, he said. Another possible tweak is defining what an offensive or noxious odor might be, McConnell said. The enclosures around marijuana gardens are an extension of the language in Measure 91 that requires pot plants not be visible and kept secure from children, McConnell said. David Fidanque, executive director of the American Civil Liberties Union, which helped draft Measure 91, said cities have to be careful not to draft ordinances that attempt to undermine marijuana legalization. “They shouldn’t try to do through the back door what they couldn’t do through the front door,” Fidanque said. Cities can enact regulations that provide reasonable restrictions on time, place and manner of growing or selling marijuana, he said. However, when a city creates a specific ordinance related to marijuana, it better have good reasons, Fidanque said. “The question is what’s reasonable,” Fidanque said. “Why is the aroma of marijuana more offensive than garbage?” He said that the time, place and manner restrictions are a legal “gray” area in Measure 91. Voters approved Measure 91, in part, because of the failed prohibition on marijuana that encouraged the black market, Fidanque said. “The more we bring marijuana out of the shadows and regulate it, the more we keep it away from criminals,” he said. Reach reporter Damian Mann at 541-776-4476 or [email protected] . Follow him on Twitter at www.twitter.com/reporterdm .     By Damian Mann Mail Tribune MailTribune.com By Damian Mann Mail Tribune Posted Mar. 9, 2015 @ 6:09 pm Updated Mar 10, 2015 at 11:05 AM » Comment or view comments /* $( document ).ready(function() { // Jquery mobile is trying to style the button and leaving a blank gry button on top of a white button $("#viafouracoms .vf-comment-controls li.vf-right").html(' Submit '); });*/ » STAY INFORMED Email NewsLetter Sign Up Today Sign up for our newsletter and have the top headlines from your community delivered right to your inbox. calendar Connect with MailTribune.com Facebook Twitter RSS Back to top Reader Services Reader Services Home Subscriptions Subscriber controls Contact us Submissions Photos Events Letters to the editor Corrections Announcements Obituaries Story ideas Since you asked Alerts Email Alerts RSS Feeds Text Alerts Advertise Media Kit Home Products and services Ad rates Advertising contacts Mail Tribune Daily Tidings The Nickel Shop Our Valley Blogs Stay Informed Email newsletter Sign Up Today Sign up for our newsletter and have the top headlines from your community delivered right to your inbox. 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