Chino Municipal Code Ch. 8.90 Personal Marijuana Cultivation

A. The purpose and intent of this chapter is to prohibit throughout the entire city the outdoor personal cultivation of marijuana, and to establish reasonable regulations, consistent with the meaning of section 11362.2 of the Health and Safety Code, and as may be amended, for the indoor personal cultivation of up to six marijuana plants at a private residence.

B. This chapter is not intended to interfere with a patient's right to medical marijuana as provided for in section 11362.5 of the Health and Safety Code.

(Ord. 2017-012, § 2, 2017.)

The following words and phrases shall, for the purposes of this chapter, be defined as follows:

"Accessory structure" means any building, part of a building, structure or edifice, which is secondary or subordinate to the main building, whose use is incidental to, and is used for the benefit of, the main building on the property. This includes, but is not limited to, detached garages, recreation rooms, carports, storage sheds, patios and workshops.

"Cultivation" means any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of one or more marijuana plants or any part thereof.

"Cultivation site" means the real property on which marijuana cultivation occurs.

"Director" means the director of community development of the city of Chino, and includes his/her designee(s).

"Marijuana" has the same definition as provided in section 26001 of the Business and Professions Code for the term "cannabis," and as may be amended, defined as "all parts of the plant Cannabis sativa Linnaeus, Cannabis indica, or Cannabis ruderalis, whether growing or not; the seeds thereof; the resin, whether crude or purified, extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin. 'Cannabis' also means the separated resin, whether crude or purified, obtained from cannabis. 'Cannabis' does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination."

"Person" means any individual, firm, co-partnership, joint venture, association, corporation, limited liability company, estate, trust, business trust, receiver, syndicate, or any other group or combination acting as a unit.

"Private residence" has the same meaning as the term is defined in section 11362.2(b)(5) of the Health and Safety Code, and as may be amended, which provides that private residence "means a house, an apartment unit, a mobile home, or other similar dwelling.

(Ord. 2017-012, § 3, 2017.)

A. Prohibition. Marijuana cultivation is prohibited in all zones of the city. No person shall engage in the cultivation of marijuana in the city for any purpose.

B. Limited Exemption. The general prohibition on marijuana cultivation in above subsection A does not apply to the indoor cultivation of marijuana at a private residence conducted with complete adherence to the following regulations:

1. Six Plants. Cultivation is limited to no more than six living marijuana plants at any one time.

2. Indoor Cultivation Only. Cultivation shall occur entirely within a private residence or within an accessory structure to a private residence located upon the grounds of a private residence that is fully enclosed and secure.

3. Locked Space. The six living plants and any marijuana produced by the plants in excess of 28.5 grams shall be kept within a locked space located either within the private residence or upon the grounds of the private residence.

4. Visibility. The six living plants and any marijuana produced by the plants in excess of 28.5 grams shall not be visible from any neighboring property or public right-of-way, or in any manner be visible by normal unaided vision from a public place.

5. Odor.

a. The odor resulting from all marijuana cultivation shall not be detectable by human senses from any neighboring property or public right-of-way.

b. As necessary (which final determination shall be made by the director), to ensure that no odor resulting from marijuana cultivation shall be detectable by human senses from any neighboring property or public right-of-way, a marijuana cultivation site shall install and continuously operate a functioning ventilation and filtration system which complies with all applicable building code regulations, including obtaining all required permits and approvals.

6. Nuisance Activity. Cultivation shall not result in a nuisance or adversely affect the health, welfare, or safety of the resident or nearby residents by creating dust, glare, heat, noise, noxious gases, odors, smoke, traffic, vibration, or other impacts, or by being hazardous due to use or storage of materials, processes, products or waste, or through violations of this municipal code or adopted codes.

7. Fire Extinguisher. A working portable fire extinguisher, which complies with the regulations and standards adopted by the state fire marshal and applicable law, shall be kept in the same room as any marijuana cultivation.

8. Electricity.

a. The collective draw from all electrical appliances at the marijuana cultivation site shall not exceed the maximum rating of the approved electrical panel for the residence where the marijuana is being cultivated.

b. The maximum rating shall be as established in the manufacturer specifications for the approved electrical panel.

9. Lighting. Any lighting fixture or combination of lighting fixtures used for marijuana cultivation shall:

a. Not exceed the rated wattage and capacity of the circuit breaker; and

b. Shall be shielded so as to completely confine light and glare to the interior of the private residence or fully enclosed accessory structure.

10. Private Residence. Any private residence used for cultivation shall:

a. include a fully functional and usable kitchen, as well as bathroom and bedroom areas, for use by the person cultivating marijuana; and

b. shall not be used primarily or exclusively for marijuana cultivation.

11. Property Owner Consent. If the person engaging in the marijuana cultivation is not the owner of the cultivation site, the person engaging in the marijuana cultivation must have the consent of the property owner.

12. Required Permits. Any person engaged in the cultivation of marijuana pursuant to this chapter shall obtain all necessary permits for the construction and or maintenance of any structures or modifications to the cultivation site and/or private residence or accessory structure where the marijuana cultivation is occurring. This includes, but is not limited to, any permits required by Title 15 (Buildings and Construction).

13. Garage. Cultivation shall not displace required parking in a garage.

C. Additional Regulations. Further rules, regulations, procedures, and standards for the administration and implementation of this chapter may be adopted from time to time either by resolution or ordinance from the city council, or by the director (upon authorization by resolution of the city council).

(Ord. 2017-012, § 3, 2017.)

A. Any violation of this chapter constitutes a misdemeanor, punishable pursuant to Chapter 1.12 (General Penalty), at the discretion of the city prosecutor, and any violation of this chapter is subject to administrative citation, at the discretion of the city, pursuant to Chapter 1.15 (Administrative Fines).

B. Public nuisance abatement.

1. Any cultivation of marijuana that is caused, permitted or maintained in violation of any provision of this chapter is hereby declared to constitute a public nuisance and, as such, may be abated or enjoined from further operation, in accordance with applicable law, including, but not limited to, the procedures set forth in Chapter 8.50 as reasonably applied to the enforcement of this chapter.

2. The person causing, permitting or maintaining the nuisance, as well as the property owner where the nuisance occurs, shall be liable for all costs to abate such public nuisance, including, but not limited to, staff costs, administrative expenses, actual abatement costs, court costs and attorneys' fees, pursuant to chapter 1.12.040.

C. The remedies described in this section are intended to be cumulative and not exclusive. Pursuit of any one remedy shall not preclude the city from availing itself of any or all administrative, civil, criminal, or other remedies, at law or equity, in lieu of or in conjunction with each other.

D. Any violation of the provisions of this chapter shall constitute a separate offense for each and every day during which such violation is caused, permitted or maintained.

(Ord. 2017-012, § 3, 2017.)