Fort Jones Municipal Code Ch. 8.16 Cannabis Cultivation

The purpose of this chapter is to regulate the cultivation of cannabis within the town in a manner that protects the health, safety, and welfare of the community and minimizes or eliminates the potential harms or nuisances associated with cannabis cultivation in a manner and which is consistent with applicable state and federal laws and regulations.

(Code 1987, § 8.08.010; Ord. No. 2013-1, § 1, 11-6-2017; Ord. No. 2021-3, exh. A(8.08.010), 5-10-2021)

This chapter shall be interpreted and applied in such a manner so as to not be in conflict with any state or federal law or regulation. This chapter shall not be deemed to permit any activity that is prohibited by any state or federal law or regulation. If any portion of this chapter is determined to be in conflict with any state or federal law, that portion of this chapter shall be deemed null and void.

(Code 1987, § 8.08.020; Ord. No. 2013-1, § 1, 11-6-2017; Ord. No. 2021-3, exh. A(8.08.020), 5-10-2021)

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Business entity means a corporation, unincorporated association, limited liability company, partnership, limited partnership, limited liability partnership, professional corporation, or similar organization.

Cannabis shall have the same definition as in the Medicinal and Adult-Use Cannabis Regulation and Safety Act.

Childcare center means any licensed childcare center, day care center, or childcare home, or any pre-school.

Cultivation means the planting, growing, harvesting, drying, processing, storage, or distribution of cannabis.

Detached, fully enclosed and secure structure means a building completely detached from a residence that complies with the state building code and has a complete roof enclosure supported by connecting walls extending from the ground to the roof, a foundation, slab or equivalent base to which the floor is secured by bolts or similar attachments, is secure against unauthorized entry, and is accessible only through one or more lockable doors. Walls and roofs must be constructed of solid materials that cannot be easily broken through, such as two-inch by four-inch or thicker studs overlaid with three-eighths inch or thicker plywood or the equivalent. Exterior walls must be constructed with nontransparent material. Plastic sheeting, regardless of gauge, or similar products do not satisfy this requirement.

Indoors means within a fully enclosed and secure building.

Legal parcel means a parcel of real property that may be separately sold in compliance with the California Subdivision Map Act.

Outdoors means any location within the town that is not within a fully enclosed and secure structure consisting of a roof and walls.

Playground means facilities such as slides, swings, and climbing apparatus intended for use by young children.

Premises means a single, legal parcel of property. Where contiguous legal parcels are under common ownership or control, such contiguous legal parcels shall constitute a single premises for purposes of this chapter.

Property means a single, legal parcel of land where a person resides. If the property consists of contiguous parcels owned by the same person or business entity, it shall be considered to be a single parcel for purposes of this chapter.

Residence means the property on which a person may legally reside in compliance with all applicable laws, ordinances, and regulations, and who is doing so at the time he or she is engaged in cannabis cultivation. Such a residence may not be, or include, a school, preschool, day care facility, or similar facility.

School means a qualified and legally operating institution of learning, whether public or private, offering a regular course of instruction to children at the kindergarten, elementary school, middle school, or high school levels. Residences in which home schooling, preschool, or day care facilities exist are not included, nor are facilities providing instruction solely in religion, performing or visual arts, recreation, or any other limited curriculum.

Solid fence means a fence constructed of substantial material, such as wood, that prevents viewing the contents from one side to the other.

(Code 1987, § 8.08.030; Ord. No. 2013-1, § 1, 11-6-2017; Ord. No. 2021-3, exh. A(8.08.030), 5-10-2021)

The following are prohibited and apply to the cultivation of cannabis within the town:

(1) It is unlawful and a public nuisance to have outdoor cultivation of cannabis within any zoning district of the town.

(2) Cultivation of cannabis shall not take place inside the residence of any parcel.

(3) Persons residing in the town shall not be allowed to cultivate cannabis at their private residence in excess of six cannabis plants.

(4) Cultivation of cannabis is prohibited in all agricultural (except agricultural-residential), commercial, office, industrial, open space, special purpose, and overlay/combining zoning districts.

(5) It is unlawful and a public nuisance to cultivate cannabis on any legal parcel or premises within 500 feet of any school, childcare center, public park, playground, public library, government building or church. The 1,000 feet shall be measured from the closest property line of the school, childcare center, public park, government building or church to the closest property line of the cultivation parcel.

(6) It is unlawful to cultivate cannabis within a detached structure that is greater than 144 square feet or 12 feet by 12 feet in size.

(7) Cultivation of cannabis for sale is prohibited.

(Ord. No. 2021-3, exh. A(8.08.040), 5-10-2021)

It is declared to be unlawful and a public nuisance for any persons owning, leasing, occupying, or having charge or possession of any legal parcel or premises within any zoning district in the town to cultivate cannabis except as provided for in this chapter.

(1) The indoor cultivation of cannabis in a residential zone shall only be conducted within a detached, fully enclosed and secure structure no greater than 144 square feet or 12 feet by 12 feet in size.

(2) Any new construction of a detached structure that is to be used for the cultivation of cannabis must have a valid building permit issued from the County building department and a valid use permit issued by the town.

(3) Any existing detached structure that is to be used for the cultivation of cannabis must have a valid use permit issued by the town.

(4) The detached structure must meet the state building code.

(5) Indoor grow lights shall not exceed 1,200 watts and shall comply with the state building, electrical and fire codes. Gas products (including, but without limitation, CO 2 , butane, propane, and natural gas) or generators shall not be used within any detached structure used for the cultivation of cannabis.

(6) Any detached, fully enclosed and secure structure used for the cultivation of cannabis must have a ventilation and filtration system installed that shall prevent cannabis plant odors from exiting the interior of the structure and that shall comply with state building code section 402.3. The ventilation and filtration system must be approved by the town or county building official and installed prior to commencing cultivation within the detached, fully enclosed and secure structure.

(7) Detached structure shall be located in the rear yard area of a legal parcel or premises, maintain a minimum ten-foot setback from any property line, and the area surrounding the structure must be enclosed by a solid fence at least six feet in height.

(8) A total of six cannabis plants are allowed to be cultivated on one legal parcel.

(9) Any persons owning, renting, leasing, occupying or having charge or possession of any legal parcel shall reside full-time on the premises where the cannabis cultivation occurs.

(Ord. No. 2021-3, exh. A(8.08.050), 5-10-2021)

(a) Conditions. Notwithstanding the provisions of this chapter, the cultivation of cannabis shall not adversely affect the health or safety of any nearby resident, nor cause physical annoyance or discomfort to any nearby resident in any manner, whether by the creation or release of noxious gas, smoke, noise, or odor, nor be hazardous to the public due to the use or storage of materials, processes, products, or wastes.

(b) Violation. A violation of this chapter shall constitute a public nuisance for which the town or any adversely affected member of the public may seek relief through the courts, in addition to such penalties as may be specified in this chapter or Code.

(Code 1987, § 8.08.110; Ord. No. 2013-1, § 1, 11-6-2017; Ord. No. 2021-3, exh. A(8.08.060), 5-10-2021)

(a) Criminal prosecution. Any person who violates any provision of this chapter shall, in the discretion of the code/law enforcement officer or his/her designee, be guilty of either an infraction or a misdemeanor and, upon conviction, shall be punished in the manner then specified by this Code or state law.

(b) Injunction. In addition to criminal penalties, the town may seek a court order to enjoin any activity prohibited by this chapter, or to require the performance of any activity mandated hereby.

(Code 1987, § 8.08.130; Ord. No. 2013-1, § 1, 11-6-2017; Ord. No. 2021-3, exh. A(8.08.070), 5-10-2021)