Chapter 17.89 — SPECIAL SITUATIONS

SPECIAL SITUATIONS

• 17.89.010 Intent.

• 17.89.020 Applicability.

• 17.89.030 Definitions.

• 17.89.040 Prohibition of marijuana cultivation, processing, transport and/or deliveries.

• 17.89.050 Separation of Section 17.89.040.

• 17.89.060 Cultivation of marijuana in residential/commercial zone district for personal use.

• 17.89.070 Prohibition of medical marijuana collectives, cooperatives, dispensaries, processing, transport and/or deliveries.

• 17.89.080 Separation of Section 17.89.070.

• 17.89.090 Medical marijuana collectives, cooperatives, and dispensaries.

• 17.89.100 Enforcement .

A. The City Council hereby finds that the cultivation of medical marijuana significantly impacts, or has the potential to significantly impact, the City's jurisdiction. These impacts include damage to buildings in which cultivation occurs, improper and dangerous electrical alterations and use, inadequate ventilation, increased occurrences of home-invasion robberies and similar crimes, nuisance impacts to neighboring properties due to noxious odors, and increased crime.

B. It is acknowledged that the voters of the State of California have provided a criminal defense to the cultivation, possession, and use of marijuana for medical purposes through the adoption of the Compassionate Use Act in 1996 pursuant to Proposition 215 codified in Health and Safety Code section 11362.5. The Compassionate Use Act (CUA) does not address land use or other impacts that result from the cultivation of medical marijuana.

C. The purpose of this section is to adopt rules consistent with the CUA and the Medical Marijuana Program Act (MMPA) commencing with Health and Safety Code section 11362.7 to regulate medical marijuana in a manner that protects the public health, safety, and welfare of the community, prevent adverse impacts which such activities may have on nearby properties and residents without interfering with the rights of qualified patients and their primary caregivers to possess or cultivate medical marijuana pursuant to state law.

D. The CUA is limited in scope providing a defense from criminal prosecution for possession and cultivation of marijuana to qualified patients and their primary caregivers. The scope of the MMPA is also limited; it established a statewide identification program of qualified patients, persons with identification cards, and their primary caregivers providing an affirmative defense to certain enumerated criminal sanctions that would otherwise apply to transporting, processing, administering or distributing marijuana.

E. The CUA and MMPA do not appear to have facilitated the stated goals of providing access to marijuana for patients in medical need of marijuana; the predominant use of marijuana continues to be for recreational and not medicinal purposes. The report entitled, "California Chiefs Association Position Paper on Decriminalizing Marijuana" (September, 2009), states, "[it has become clear, despite the claims of use by critically ill people that only about 2% of those using crude marijuana for medicine are critically ill. The vast majority of those using crude marijuana as medicine are young and are using the substance to be under the influence of THC [tetrahydrocannabinol] and have no critical medical condition.]"

F. Facilities purportedly dispensing marijuana for medicinal purposes are commonly referred to as medical marijuana dispensaries, medical marijuana cooperatives or medical marijuana collectives; however, these terms are not defined anywhere in the CUA or MMPA. Significantly, nothing in the CUA or MMPA specifically authorizes the operation and the establishment of medical marijuana dispensing facilities.

G. The CUA and the MMPA do not require or impose an affirmative duty or mandate upon local governments, such as the City of Gridley, to allow, authorize, or sanction the establishment and/or the establishment and operation and of facilities dispensing medical marijuana within its jurisdiction. Moreover, the CUA/MMPA do not create a constitutional right to obtain medical marijuana.

H. It is critical to note that neither Act abrogates the City's powers to regulate for public health, safety, and welfare. Health and Safety Code section 11362.5(b)(2) provides that the Act does not supersede any legislation intended to prohibit conduct that endangers others. In addition, Health and Safety Code section 11352.83 authorizes cities and counties to adopt and enforce rules and regulations consistent with the MMPA.

I. On August 25, 2008, Edmond G. Brown, the California Attorney General, issued "Guidelines for the Security and Non-Diversion of Marijuana Grown for Medical Use" (the Attorney General Guidelines"), which sets regulations intended to ensure the security and non-diversion of marijuana grown for medical use by qualified patients. Health and Safety Code section 11362.81(d) authorizes the Attorney General to "develop and adopt appropriate guidelines to ensure the security and non-diversion of marijuana grown for medical use by patients qualified under" the CUA/MMPA. Nothing in the Guidelines imposes an affirmative mandate or duty upon local governments, such as the City of Gridley, to allow, sanction, or permit the establishment and/or the operation of facilities dispensing marijuana within their jurisdictional limits.

J. Marijuana remains an illegal substance under the Federal Controlled Substances Act, 21 U.S.C. 801, et. seq. and is classified as a "Schedule I Drug" which is defined as a drug or other substance that has a high potential for abuse, which is not currently accepted as medical use for treatment in the United States, and it has not been accepted as safe for its use under medical supervision. Furthermore, the Federal Controlled Substances Act (FCSA) makes it unlawful for any person to cultivate, manufacture, distribute or dispense, or possess with intent to manufacture, distribute or dispense marijuana. The Federal Controlled Substances Act contains no statutory exemption for the possession of marijuana for medical purposes. The City of Gridley does not wish to be in violation of federal law.

K. The City has the power to regulate permissible land uses throughout the City and to enact regulation for the preservation of public health, safety, and welfare of its residents and community pursuant to the City of Gridley's police powers as authorized in Article XI, Section 7 of the California Constitution. The City also has the power through the City Council to declare actions and activities that constitute a public nuisance pursuant to Government Code 38771.

L. The City Council finds that neither the CUA nor the MMPA preempts the City's exercise of its traditional police powers in enacting land use and zoning regulations, as well as legislation for preservation of public health, safety, and welfare, such as this zoning ordinance prohibiting the cultivation and establishment and operation of medical marijuana cooperatives and collectives within the City.

M. The City Council finds that the public health, safety, and general welfare of the City and its residents necessitates and requires the adoption of this zoning ordinance, prohibiting the cultivation and the establishment and operation of medical marijuana cooperatives and collectives, and prohibits the processing, transport and/or delivery of marijuana and its products in order to: (a) protect and safeguard against the detrimental secondary negative effects and adverse impacts of facilities dispensing medical marijuana; (b) preserve and safeguard minors, children, and students in the community from the deleterious impacts of medical marijuana cultivation and facilities; and (c) preserve the City's law enforcement services, in that monitoring and addressing the negative secondary effects and adverse impacts will likely burden the City's law enforcement resources. The City Council further finds that due to negative secondary effects and adverse impacts of facilities dispensing medical marijuana, the establishment and operation of these facilities will negatively impact the City.

N. The zoning code, Title 17, of the Gridley Municipal Code, is consistent with the City of Gridley 2030 General Plan's goals, policies, and objectives and do not permit or contemplate the cultivation of marijuana nor the establishment or operation of medical marijuana cooperatives, collectives, or similar facilities that engage in dispensing of marijuana for medical purposes.

(Ord. 823-2016 § 36 (part), 2016)

A. Nothing in this Chapter is intended, nor shall it be construed, to burden any defense to criminal prosecution under the CUA/MMPA.

B. Nothing in this Chapter is intended, nor shall it be construed, to make legal any cultivation, sale or other use of medical marijuana that is otherwise prohibited under California law.

C. Nothing in this Chapter is intended, nor shall it be construed, to preclude any landlord from limiting or prohibiting medical marijuana cultivation by tenants.

D. Nothing in this Chapter is intended, nor shall it be construed to exempt any activity related to the cultivation of medical marijuana from any applicable electrical, plumbing, land use, or other building or land use standards or permitting requirements.

E. All cultivation and sale of medical marijuana within the City shall be subject to the provisions of this Chapter.

F. Any medical marijuana cultivation that legally occurred prior to the effective date of this ordinance does not have non-conforming rights provided in Chapter 17.03.

(Ord. 823-2016 § 36 (part), 2016)

As used herein the following definitions shall apply:

A. "Cultivation" means the planting, growing, harvesting, drying, or processing of marijuana plants or any part thereof.

B. "Fully enclosed and secure structure" means a space within a building that complies with the California Building Code, as adopted in the City, or, if exempt from permit requirements, that 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 (2" x 4") or thicker studs overlaid with three-eighths inch (3/8") or thicker plywood or the equivalent. Plastic sheeting, regardless of gauge, or similar products do not satisfy this requirement. If indoor grow lights or air filtration systems are used, they must comply with the California Building, Electrical, and Fire Codes as adopted in the City.

C. "Immature marijuana plant" means a marijuana plant, whether male or female, that has not yet flowered and which does not yet have buds that are readily observed by unaided visual examination.

D. "Indoors" means within a fully enclosed and secure structure.

E. "Mature marijuana plant" means a marijuana plant, whether male or female, that has flowered and which has buds that are readily observed by unaided visual examination.

F. "Medical marijuana" means marijuana used for medical purposes in accordance with California Health and Safety Code section 11362.5.

G. "Medical marijuana collective, cooperative, or dispensary" means a collective, cooperative, dispensary, operator, establishment, provider, association or similar entity that cultivates, distributes, delivers or processes marijuana for medical purposes relating to a qualified patient or primary

caregiver, pursuant to the CUA and MMPA.H.

• H. "Outdoor" means any location within the City that is not within a fully enclosed and secure structure.

I. "Parcel" means property assigned a separate parcel number by the Butte County Assessor.

J. "Primary caregiver" means a primary caregiver as defined in Health and Safety Code Section 11362.7(d).

K. "Qualified patient" means a qualified patient as defined in Health and Safety Code Section 11362.7(f).

• (Ord. 823-2016 § 36 (part), 2016)

A. Marijuana cultivation by any person, including primary caregivers and qualified patients, collectives, cooperatives or dispensaries is prohibited in all zone districts within the City of Gridley.

B. All transport and/or deliveries of medical cannabis are expressly prohibited within the City of Gridley. No person shall conduct any transport and/or deliveries that either originate, terminate, or pass through within the City limits.

C. All commercial processing of medical cannabis is expressly prohibited within the City of Gridley.

• (Ord. 823-2016 § 36 (part), 2016)

If Section 17.89.040, or any subsection, sentence, clause, phrase or portion of Section 17.89.040 is held by a court of competent jurisdiction to be invalid or unconstitutional, that portion shall be deemed a separate, distinct and independent provision and the following Section 17.89.060 shall apply in lieu of Section 17.89.040.

(Ord. 823-2016 § 36 (part), 2016)

It is unlawful to cultivate medical marijuana in any zone district allowing residential use by right including AR-5, R-1, R-2, R-3, R-4, R-S, PD, and MUCZ, DMU, OR NMU (Mixed Use) Overlay, or, zone districts allowing residential use by conditional use permit including C-1, C-2, M-1,M-2, and M-3, overlay zones unless a zoning Administrative Review is first secured and all of the following criteria are met:

A. Indoor cultivation: Medical marijuana may be cultivated only in a fully enclosed and secure structure (refer to subsection 5. below) by a qualified patient or primary caregiver in a residential zone (AR-5, R-1, R-2, R-3, R-4, R-S, PD, MUCZ, DMU, and NMU and with a conditional use permit within the C-1, C-2, M-1, M-2, and M-3 zones) if an administrative review is first secured and all of the following criteria are met:

1. The applicant must reside on the property and must be either a qualified patient or primary caregiver.

2. It is hereby declared to be unlawful and a public nuisance for any person owning, leasing, occupying, or having charge or possession of any parcel within the City to cause or allow such parcel to be used for the cultivation of marijuana, unless the person is a qualified patient or primary caregiver, growing the amount of marijuana per qualified patient authorized by Health and Safety Code Section 11362.77(a-b) and (d-f), not to exceed the per parcel limit in subsection B. of this section.

3. The owner of the property, if other than the applicant, has consented in writing to the cultivation of marijuana on the property. A notarized affidavit from the owner and proof of property ownership shall be submitted to the City with the application for an administrative review.

4. No plants may be cultivated within the primary living unit, second unit, nor garage area whether attached or detached. The cultivation of the plants shall occur within an accessory building separated by a minimum of six (6) feet from the garage and/or primary/second unit(s) area and shall be at least thirty (30) feet from any habitable and/or garage structure on any adjacent property.

5. The accessory building shall be:

a. No greater than 120 square feet calculated from the outside wall dimensions;

b. Constructed on a concrete foundation/slab, with a minimum 2" x 4" stud wall construction having an exterior finish to match the existing primary residence;

c. Provided with no more than 1200 watts of power for use in the structure provided with a subpanel at the accessory structure and a meter that can verify the amount of use;

d. Shall have all electrical, exhaust, piping, supply lines, and water lines reviewed and approved by the City's Building Official;

e. Screened and not visible from other adjacent property;

f. Reviewed, inspected, and approved by the City Building Official;

g. Located no closer than one thousand (1,000) feet from any school, childcare, or residential day care for children and adults, nor shall it be located within one thousand (1,000) feet of any residential development of other sensitive populations such as seniors, disabled, and/or developmentally disabled persons.

h. Located no closer than six hundred (600) feet from any restaurant, food preparation for public consumption, or cottage food operator;

i. The site is not within one thousand (1,000) feet of any park, library, or recreational area commonly used by minor children;

j. The existence of City, County, or other political subdivision boundary shall be irrelevant for purposes of calculating and applying the distance requirements of this section.

k. A map that reflects the restrictive distances noted above shall be submitted with the application for administrative review.

6. No compressed gases shall be stored within the accessory structure nor used to enhance the growth of the cultivated marijuana including but not limited to propane, butane, oxygen, carbon dioxide, or others. The City's staff may enter the site upon issuance of a 24 hour notice, or as determined if there exists health and safety concerns and may consist of the City's code enforcement officer, fire marshal, building official, or others and shall inspect the premises at least one time/year or as needed based upon complaint.

7. The cultivation of medical marijuana shall not be an allowed home occupation nor as a cottage food operator.

8. All cultivated marijuana is for the personal use for a qualified patient residing on the property and none of the cultivated marijuana may be distributed in any form, crude leaf, distilled, and or in foods to any other person, collective, cooperative, or dispensary and if so, may be prosecuted under the fullest extent of the law.

9. The Administrative Review approval is valid for a period of one year and may be extended annually provided the conditions with which the original approval and any other conditions required based on potential changed circumstances on the site. The administrative review extension shall be applied for a minimum of thirty (30) days prior to the expiration of the original review approval.

B. Outdoor cultivation: It is hereby declared to be unlawful and a public nuisance for any person owning, leasing, occupying, or having charge or possession of any parcel within any zoning district in the City to cause or allow such premises to be used for the outdoor cultivation of marijuana plants.

(Ord. 823-2016 § 36 (part), 2016)

A. Medical marijuana collectives, cooperatives and dispensaries are not permitted in any zone district within the City of Gridley.

B. All transport and/or deliveries of medical cannabis are expressly prohibited within the City of Gridley. No person shall conduct any transport and/or deliveries that either originate, terminate, or pass through within the City limits.

C. All commercial processing of medical cannabis is expressly prohibited within the City of Gridley.

(Ord. 823-2016 § 36 (part), 2016)

If Section 17.89.070, or any subsection, sentence, clause, phrase or portion of Section 17.89.070 is held by a court of competent jurisdiction to be invalid or unconstitutional, that portion shall be deemed a separate, distinct and independent provision and the following Section 17.89.090 shall apply in lieu of Section 17.89.070.

(Ord. 823-2016 § 36 (part), 2016)

A. Purpose: To establish a comprehensive set of regulations applicable to the operation of medical marijuana dispensaries within the City to insure such operation in a manner consistent with the overall health, welfare and safety of the City and its populace and in compliance with the California Compassionate Use Act.

B. Allowed zone districts: Medical marijuana dispensaries are allowed in the Limited Commercial(C-1), General (C-2), and Industrial (M-1, M-2, and M- 3) Zone Districts, subject to an approved use permit in compliance with Chapter 17.08, and provided that all of the criteria provided below can be satisfied.

1. The site is not within one thousand (1,000) feet of any public or private school for grades kindergarten through 12, any preschool or licensed child care facility.

2. The site is not within five hundred (500) feet of any residential use, residential area or residential zone.

3. The site is not within one thousand (1,000) feet of any park, library or recreational area commonly used by minor children.

4. The site is not within five hundred (500) feet of any adult business which sells or provides in any manner drug paraphernalia.

5. The site is located no closer than six hundred (600) feet from any restaurant, food preparation for public consumption, or cottage food operator;

6. A map that reflects the restrictive distances noted above shall be submitted with the application for administrative review.

C. Needed information: In addition to the information required by the City for any potential use permit application or any potential business license application, persons or entities making such application(s) for the establishment of a medical marijuana dispensary shall also provide the following information with the application(s).

1. The application must be signed by the owner, lessee or agent who is applying for the use permit or business license and the owner, lessee or agent shall specifically identify the individuals who will be conducting the business of the medical marijuana dispensary for the premises for which the permit or license is sought. In the case of a lessee of a property applying for a permit pursuant to this Chapter, the property owner shall acknowledge on the application consent to the application for a use permit for a medical marijuana dispensary.

2. The owner of the property, if other than the applicant, has consented in writing to the cultivation of marijuana on the property. A notarized affidavit from the owner and proof of property ownership shall be submitted to the City with the application for an administrative review.

3. The application shall list the legal form of the applicant, e.g., individual, partnership, corporation.

a. If the applicant is an individual, the application shall list his or her legal name, any aliases and date of birth;

b. If the applicant is a partnership, the application shall list the full and complete name of the partnership, the legal names and addresses of all partners, dates of birth, all aliases used by all of the general partners and whether the partnership is general or limited; and,

c. If the applicant is a corporation, the applicant shall list the full and complete corporate name, the date and status of its incorporation, evidence that the corporation is in good standing, the legal names and dates of birth and aliases used and the capacity of all officers, directors and principal stockholders (i.e., all stockholders with 10 percent or more of all outstanding shares, and the name and addresses of the registered officers for service of process.

4. The application must list whether, preceding the date of the application, the applicant or any individuals listed pursuant to subsection C.2. of this section has:

a. Other licenses and/or permits issued to and/or revoked from the applicant, in the three years prior to the year of the permit application, such other license and/or permit relating to similar business activities as in the permit application. lithe application lists such other licenses and/or permits, the list shall include the type, current status and issuing agency for each permit;

b. Been a partner in a partnership or an officer, director or principal stockholder of a corporation which has had any other licenses and/or permits, relating to similar business activities as in the permit application, issued to and/or revoked in the three years prior to the year of the permit application. The type, current status, and issuing agency for each previously issued or revoked licenses and/or permits shall be listed on the application;

c. Been found guilty of or pleaded nolo contendere within the last four years to a misdemeanor or a felony classified by the state as a drug or drug related offense.

D. Restrictions on use: The following restrictions/regulations/ conditions shall apply to the operation of all medical marijuana dispensaries:

1. Hours of operation: Medical marijuana dispensaries shall be restricted to hours of operation between 8:00 a.m. and 7:00 p.m.

2. Conviction of Crimes: No operator and/or employee of a medical marijuana dispensary shall have been convicted of any felony under state or

federal law, convicted of a crime in any other jurisdiction the commission of which would not be a felony under California law, nor convicted of any crime of moral turpitude. All operators and/or employees of a medical marijuana dispensary shall be subject to verification by the City of Gridley of the absence of any disqualifying conviction under this subsection prior to commencement of any such operation and/or employment and annually thereafter, pursuant to reasonable regulations pertaining thereto as established and promulgated by the City.

3. Security system: medical marijuana dispensaries shall be equipped with, and the operators of such dispensaries shall maintain in working order at all times burglary/robbery alarms in a manner compliant with the provisions of this code.

4. Security Guard: During all hours of operation there shall be, for each 1,000 square feet of occupied building space, or portion thereof, at least one licensed, uniformed security guard present and visible on the premises, i.e., one guard for zero (0) to and including one thousand (1,000) square feet, two guards for one thousand one (1,001) to and including two thousand (2,000) square feet, etc.

a. Such guards(s) shall be duly licensed by the State of California, Department of Consumer Affairs in a manor compliant with all applicable state and local laws. In particular, all security officers shall comply with the provisions of California Business and Professions Code Section 7582, et. seq.

b. The presence and licensing of such guards shall be subject to proof thereof by operator(s), employee(s) or security guard(s) of such dispensary at all required times, upon reasonable demand by any state or federal police officer.

5. Use on premises: Use or consumption in any manner of marijuana is not permitted on premises of any medical marijuana dispensary at any time.

6. Drug paraphernalia: No medical marijuana dispensary may sell or display any drug paraphernalia on the premises at any time, including but not limited to cocaine and sniffing kits, glass mirrors for cutting cocaine, snorting spoons and tubes, strainers to sift cocaine, water pipes (bongs), everyday items with special removable tops that have been converted to conceal narcotics and drugs, including but not limited to beer cans, oil cans and plastic photograph film vials, roach clips (for holding marijuana cigarettes), cigarette paper or filters or any device similarly representing paraphernalia as noted above.

7. Minors: Persons under the age of eighteen (18) years of age are not permitted to be on the premises of any medical marijuana dispensary at any time.

8. Alcohol: No alcoholic beverage shall be sold, conveyed or consumed on the premises of any medical marijuana dispensary at any time.

9. Under the influence: No person shall be present on the premises of a medical marijuana dispensary while intoxicated and/or under the influence of alcohol or any controlled substance at any time, as defined in California Health and Safety Code Section 11007.

10. Unobstructed view: The interior of the dispensary shall be configured such that there is an unobstructed view, by use of the naked eye, and unaided by video, closed circuit cameras or any other means, of every public area of the premises by a manager. No public area shall be obscured by any door, curtain wall, two-way mirror or other device. A manager shall be in the public portion of the dispensary at all times it is in operation or open to the public in order to enforce all rules and regulations.

11. Exterior painting: Buildings and structures shall not be painted or surfaced with any design that would simulate a sign or advertising message and cannot be established or maintained such that the exterior appearance of the structure is substantially inconsistent with the external appearance of abutting properties.

12. Displays: Advertisements, displays of merchandise, signs or any other exhibit depicting activities of the dispensary placed within the interior of buildings of premises shall be arranged or screened to prevent public viewing from outside such building or premises.

13. Loudspeakers: Outdoor loudspeakers or other outdoor sound equipment advertising or directing attention to a dispensary, including but not limited to pre-recorded or live music or sounds, are prohibited.

14. Graffiti: Upon order of the City Police Department, graffiti appearing on any exterior surface of a building or premises of a dispensary, which graffiti is in public view, shall be removed and that surface shall be restored within forty-eight (48) hours of the appearance of the graffiti.

15. Notification to the owner or person in charge of the premises or as may be specified in other ordinances of the City regulating graffiti removal.

16. Security cameras: The operator of the medical marijuana dispensary shall be responsible for insuring that a video surveillance system on the premises complies with the following standards:

a. Visually records and monitors all parking lot areas, rear alley areas immediately adjacent to the dispensary, the main building entrance(s) and exit(s), and any and all transaction areas for the dispensing of medical marijuana. The operator of the dispensary or his/her designated representative shall instruct the company or individual(s) installing the surveillance equipment at the dispensary to position cameras to maximize the quality of facial and body images and avoid backlighting and physical obstructions. The company or individual(s) installing the surveillance equipment for any medical marijuana dispensary shall be responsible for reasonable compliance with those instructions in installing such equipment at the dispensary.

b. Cameras shall have a minimum resolution of 600 lines per inch and a minimum light factor requirement of 0.7 LUX, or if IP a minimum of 1080p. Light sensitive lenses or the installation of additional lighting may be required to increase picture clarity and brightness. Cameras shall be calibrated and focused to maximize the quality of the recorded image.

c. The recorded device shall be defined as a "high density recorder" by manufacturer specifications. The device shall be a time-lapse recorder that displays a current date and time stamp on the videotape. Systems required to have more than one camera shall include a "quad" or "multiplexer" video display splitter. The recording equipment and all recorded video tapes kept in compliance with this section shall be secured in a locked area in which access is limited to the dispensary operator, the permit holder, and/or his/her designated representative(s). Recordings shall be kept for a period of one year.

d. A display monitor with a minimum screen size of fifteen (15) inches shall be connected to the video surveillance system at all times. If a "quad" video display splitter is utilized, the display monitor shall have a minimum screen size of twenty-two (22) inches.

e. Video surveillance systems shall be maintained in good working order at all times. The owner of the dispensary shall instruct each employee, volunteer, agent, servant or other individual overseeing the functioning of the video system, to immediately report any malfunctioning of or technical problems whatsoever with surveillance equipment. Every three months, the operator of the dispensary or his/her designated representative shall inspect all cameras and video recorders to ensure proper operation and shall perform the following functions: the camera lenses shall be cleaned and the date and time stamp shall be calibrated to reflect true information; all wires connected to the camera and video recording device shall be inspected for wear and tear; and, a test recording shall be done to verify image quality and the date and time stamp. The operator of the dispensary or his/her designated representative shall keep a video surveillance maintenance log documenting all inspections and repairs to the system. Any technical problems or inoperable equipment shall be repaired as soon as possible, not to exceed 15 days from the discovery of the problem. The video surveillance system and maintenance log are subject to periodic inspection by the City, in order to ensure compliance with this section. A copy of the maintenance log shall be submitted to the City when requesting the annual extension of the administrative permit.

f. The video surveillance system and recording device shall be in continuous operation from one full hour before to one full hour after the dispensary is open to the public, or any portion thereof. Videotapes or digital copies of daily operations shall be kept a minimum of 1 year prior to reuse or destruction of such videotapes, and shall be provided to the City as may be authorized by state and federal law. Such videotapes shall be clearly marked with the date the videotape was most recently recorded, and, in the event there are multiple tapes of the same date, each videotape shall be clearly marked in the sequential numerical order that it was so recorded.

17. Lighting shall comply with the following:

a. Interior: The premises within which the dispensary is operated shall be equipped with and, at all times during which the dispensary is open to the public or any portion thereof, shall remain illuminated with overhead lighting fixtures of sufficient intensity to illuminate every place to which members of the public or portions thereof are permitted access with an illumination of not less than forty (40) foot-candles as measured at the floor level.

b. Exterior: The exterior of the premise upon which the dispensary is operated shall be equipped with and, at all times between sunset and sunrise, shall remain illuminated with fixtures of sufficient intensity and number to illuminate every portion of the property with an illumination level of not less than two-foot candle as measured at the ground level, including, but not limited to landscape areas, parking lots, driveways, walkways, entry areas and refuse storage areas.

18. Change of ownership: If a dispensary operating with a permit pursuant to this Chapter changes ownership, the current owner or operator shall notify the Sheriff's Department of the new owner's name and address within ten (10) days of the effective date of such change of ownership.

19. Manager on premises: All dispensaries shall have a responsible person who shall be at least twenty-one (21) years of age and shall be on the premises to act as manager at all times during which the dispensary is open to the public or any portion thereof. The individual designated as the on-site manager shall be registered with the Sheriff's Department and fingerprinted to receive all complaints and be responsible for all violations taking place on the premises.

20. Records and inspection: All dispensaries shall maintain sufficiently detailed written records regarding their verification that medical marijuana is dispensed only to qualified patients and primary caregivers under the California Compassionate Use Act, Health and Safety Code Section 11362.5 et. seq. These written records are subject to periodic inspection by the Sheriffs Department, in order to ensure compliance with this section, as authorized by state and federal law.

21. Other conditions: The Planning Commission or City Council may add any conditions to the granting of a permit pursuant to this Chapter, should the particular facts and/or circumstances of a propose use so justify.

E. Operator Responsible: The operator(s) of any medical marijuana dispensary is responsible for insuring at all times those employees, volunteers, agents or any other individuals having any charge over the functioning of the dispensary are acting in compliance with the provisions of this section.

F. Other regulations: The provisions of this section do not waive or modify any other provisions of this code with which medical marijuana dispensaries are required to comply. Nothing in this section is intended to authorize, legalize or permit the establishment, operation or maintenance of any facility, building or use which violates any City of Gridley ordinance or California statute regarding public nuisances, medical marijuana or any federal regulations or statutes.

G. Measure of Distance: All required minimum distances set forth in Sections 17.89.060A.and 17.89.090B. shall be measured from the nearest property line of one designated location to the nearest property line of the other designated location along a straight line extended between the two points without regard to intervening structures.

H. Prohibited in other zone districts: Medical marijuana dispensaries are prohibited in any other zone district other than those listed in this Section.

(Ord. 823-2016 § 36 (part), 2016)

A. Public nuisance. The violation of this section is hereby declared to be a public nuisance.

B. Abatement. A violation of this section may be abated by the City Attorney by the prosecution of a civil action for injunctive relief and by the summary abatement procedure set forth in subsection C. of this section.

C. Summary abatement procedure. The City Administrator/designee (hereafter, the "enforcement official"), are hereby authorized to order the abatement of any violation of this section by issuing a notice to abate. The notice shall:

1. Describe the location of and the specific conditions which represent a violation of this section and the actions required to abate the violation.

2. Describe the evidence relied upon to determine that a violation exists, provided that the enforcement official may withhold the identity of a witness to protect the witness from injury or harassment, if such action is reasonable under the circumstances.

3. State the date and time by which the required abatement actions must be completed.

4. State that to avoid the civil penalty provided in subsection C.8. of this section and further enforcement action, the enforcement official must receive consent to inspect the premises where the violation exists to verify that the violation has been abated by the established deadline.

5. State that the owner or occupant of the property where the violation is located has a right to appeal the notice by filing a written notice of appeal with the City Clerk by no later than three (3) business days from the service of the notice. The notice of appeal must include an address, telephone number, fax number, if available, and e-mail address, if available. The City may rely on any of these for service or notice purposes. If an adequate written appeal is timely filed, the owner or occupant will be entitled to a hearing as provided in subsection E. of this section.

6. State that the order to abate the violation becomes final if a timely appeal is not filed or upon the issuance of a written decision after the appeal hearing is conducted in accordance with subsection E. of this section.

7. State that a final order of abatement may be enforced by application to the superior court for an inspection and/or abatement warrant or other court order.

8. State that a final order to abate the nuisance will subject the property owner and the occupant to a civil penalty of One Thousand Dollars ($1,000.00) for each day that the violation continues after the date specified in the notice under subsection C.3. of this section, when the violation must be abated. The penalty may be recovered through an ordinary civil action, or in connection with an application for an inspection or nuisance abatement warrant.

9. State that in any administrative or court proceeding to enforce the abatement order the prevailing party is entitled to recover reasonable attorney fees from the other party or parties to the action, if the City elects, at the initiation of an individual action or proceeding, to seek recovery of its own attorney fees. In no action, administrative proceeding, or special proceeding shall an award of attorney fees to a prevailing party exceed the amount of reasonable attorney fees incurred by the City in the action or proceeding.

D. The notice described in subsection C. of this section shall be served in the same manner as summons in a civil action in accordance with article 3 (commencing with section 415.10) of Chapter 4 of Title 5 of part 2 of the Code of Civil Procedure, or by certified mail, return receipt requested, at the option of the City. If the owner of record, after diligent search cannot be found, the notice may be served by posting a copy thereof in a conspicuous place upon the property for a period of ten (10) days and publication thereof in a newspaper of general circulation pursuant to Government Code Section 6062.

E. Not sooner than five (5) business days after a notice of appeal is filed with the City Clerk, a hearing shall be held before the City Administrator or a hearing officer designated by the City Administrator to hear such appeals. The appellant shall be given notice of the date, time and place of the hearing not less than five (5) days in advance. The notice may be given by telephone, fax, e-mail, personal service or posting on the property. At the hearing, the enforcement official shall present evidence of the violation, which may include, but is not limited to, incident and police reports, witness statements,

photographs, and the testimony of witnesses. The property owner and the occupant of the property where the violation is alleged to exist shall have the right to present evidence and argument in their behalf and to examine and cross examine witnesses. The property owner and property occupant are entitled at their own expense to representation of their choice. At the conclusion of the hearing, the City Administrator or hearing officer shall render a written decision which may be served by regular first class mail on the appellants.

F. A final order to abate the nuisance will subject the property owner or owners and any occupant or occupants of the property who are cultivating marijuana in violation of this section to a civil penalty of one thousand dollars ($1,000.00) for each day that the violation continues after the date specified in the notice under subsection C.3. of this section, when the violation must be abated. The enforcement official or the City Administrator or hearing officer hearing an appeal pursuant to subsection C.5. of this section may reduce the daily rate of the civil penalty for good cause. The party subject to the civil penalty shall have the burden of establishing good cause, which may include, but is not limited to, a consideration of the nature and severity of the violation, whether it is a repeat offense, the public nuisance impacts caused by the violation, and the violator's ability to pay. The daily penalty shall continue until the violation is abated. The penalty may be recovered through an ordinary civil action, or in connection with an application for an inspection or nuisance abatement warrant.

G. Violation. Cultivation of marijuana on parcels within the City that does not comply with this section constitutes a violation of the zoning ordinance and is subject to the penalties and enforcement as provided in subsections C.8. and F. of this Chapter.

H. Penalties not exclusive. The remedies and penalties provided herein are cumulative, alternative and nonexclusive. The use of one does not prevent the use of any others and none of these penalties and remedies prevent the City from using any other remedy at law or in equity which may be available to enforce this section or to abate a public nuisance.

(Ord. 823-2016 § 36 (part), 2016)

STATUTORY REFERENCES

FOR

CALIFORNIA CITIES

General Provisions

Code adoption

Gov. Code §§ 50022.1--50022.10

Penalties for ordinance violations Gov. Code §§ 36900 and 36901 City prisoners Gov. Code § 36903 Appeal procedure Civil Pro. Code § 1094.6 Citations for misdemeanors Penal Code § 853.5 et seq. City charters Gov. Code § 34450 et sea. Elections Gov. Code § 34050 Ordinances Gov. Code § 36931 et seq.

Administration and Personnel

City council

Gov. Code § 36513 et sea. and § 36801 et seq. Conflict of Interest Gov. Code § 87103, § 87200 et seq. Officers generally Gov. Code §§ 36501--36512.2 and 36516.1--36517 Official bonds Gov. Code § 1450 et seq. and § 36518 et seq. City manager form of government Gov. Code § 34851 et sea. Elective mayor form of government Gov. Code § 34900 et seq. Election of legislative body by districts Gov. Code § 34870 et seq. Closed meetings Gov. Code § 54950 et seq. Education Code §§ 44231, 44245 and 44245 General powers of legislative body Gov. Code § 37100 et seq. Local planning agencies Gov. Code § 65150 Emergency services Gov. Code § 8550 et seq. Health ordinances, boards and officers Health and Saf. Code § 500 et sea. Peace officer standards and training Penal Code § 13520 et sea. Personnel system Gov. Code § 45000 et seq.

Revenue and Finance

Financial powers Gov. Code § 37202 et sea. Purchasing system Gov. Code § 54201 et seq. Transfer of tax function to county Gov. Code § 51500 et seq. Sales and use tax Gov. Code § 37101 and Rev. and Tax. Code § 7200 et seq. Transient occupancy tax Rev. and Tax. Code §§ 7280 and 7281 Real property transfer tax

Rev. and Tax. Code § 11901 et sea. Special gas tax street improvement fund Str. and Hwys. Code § 2112 and § 2106 et sea. Purchasing system Gov. Code § 54202 Unclaimed property Civil Code § 2080 et seq. Authority to license businesses Gov. Code § 37101 and Bus. and Prof. Code §§ 16000 et seq. Massage parlors Gov. Code § 51030 et sea. Taxicabs and other vehicles for hire Vehicle Code §§ 16501, 21100, 21112 and §§ 16500 et seq. Bingo Penal Code § § 326.5 Private patrol operators Bus. and Prof. Code § § 7523 Community antenna TV systems Gov. Code § 53066

Business Taxes, Licenses and Regulations

Massage and bodywork services

Bus. and Prof. Code Division 2 (commencing with § 500); Civ. Proc. Code § 1094.6(b); Health and Saf. Code §§ 11054, 11055, 11056, 11057, and 11058; Penal Code §§ 266, 266h, 266i, 315, 316, 318, 647(b), 653.22, 290 and 11225-11235

Animals Animal generally Food and Agric. Code §§ 16301 et seq. Dogs Gov. Code § 38792 and Food and Agric. Code §§ 30501 et seq. Rabies control Health and Saf. Code §§ 1900 et seq. Cruelty to animals Penal Code §§ 597 et seq. Health and Safety

Garbage and refuse collection Health and Saf. Code § 4250 Fire prevention Health and Saf. Code §§ 13000 et seq. Tobacco regulations Penal Code § 308(a) and (b) Weed control Health and Saf. Code §§ 14875 et seq. and Government Code §§ 39577 et seq. Authority to declare and abate nuisances Gov. Code §§ 38771 et seq. and Government Code §§ 39577 et seq. Littering Penal Code §§ 374 et seq. Medical marijuana Health and Saf. Code §§ 11362.5, 11362.77(a)-(b) and (d)-(f)

Public Peace, Morals and Welfare

Crimes against public justice Penal Code §§ 92 et seq. Crimes against the person Penal Code §§ 187 et seq.

Crimes against the person and against public decency and good morals Penal Code §§ 261 et seq. Crimes against public health and safety Penal Code §§ 368 et seq. Crimes against the public peace Penal Code §§ 403 et seq. Crimes against property Penal Code §§ 447 et seq. Unlawful drug activities, Health and Saf. Code §§ 11350-11400 Penal Code § 186.22(f) Weapons Penal Code §§ 12000 et seq.

Local traffic rules and regulations Vehicle Code § 21100 Traffic-control devices Vehicle Code §§ 21351 et seq. and §§ 21450 et seq. Turning movements Vehicle Code §§ 22101 and 22113 Speed limits Vehicle Code §§ 22348 et seq., 22357 and 22352(b)and 21359 One-way street designations Vehicle Code § 21657 Stopping, standing and parking Vehicle Code §§ 22500 et seq. Through highways Vehicle Code §§ 21101 and 21354 Curb markings Vehicle Code § 21458 Vehicle weight limits Vehicle Code §§ 35700 et seq. Pedestrians rights and duties Vehicle Code §§ 21950 et seq. Establishment of crosswalk Vehicle Code § 21106 Bicycles Vehicle Code §§ 21100, 21206 and § 39000 et seq. Construction of sidewalks and curbs Str. and Hwys. Code §§ 5870 et seq. Obstructions and encroachments on public ways Gov. Code § 38775 Tree plants Str. and Hwys. Code §§ 22000 et seq. Injuring city improvements or trees Penal Code § 622 Municipal parks Pub. R. Code §§ 5181 et seq. Advertising displays Bus. and Prof. Code §§ 5230, 5231 and 5440 et seq. Underground utility districts

Streets, Sidewalks and Public Places

Str. and Hwys. Code §§ 5896.1 et seq. and Gov. Code § 38773

Public Services

Gov. Code § 38730

City sewers

Gov. Code § 38600 and §§ 38900 et seq. and Health and Saf. Code §§ 5470 et seq. Water well Water Code §§ 13800 et seq.

Building and Construction

Authority to regulate buildings and construction

Gov. Code §§ 38801 and 38660 Housing construction Health and Saf. Code §§ 17910 et seq.

Signs

Gov. Code §§ 38774 and 65850 and Bus. and Prof. Code §§ 5229 et seq. Mobile homes Health and Saf. Code §§ 18200 et seq.

Authority to adopt regulations to promote public health, safety and general welfare Gov. Code §§ 65302, 65560, 65800

Subdivisions

Local control of subdivisions Gov. Code §§ 66510 et seq.

Zoning

Planning in general

Gov. Code §§ 65000 et seq.

Local authority to regulate the use of land and buildings Gov. Code § 65850 Administration Gov. Code §§ 65900 et seq. Open-space zoning Gov. Code §§ 65910 et seq. Residential density bonus Gov. Code §§ 65915 through 65918 Moderate, low, and very low income housing units Health and Saf. Code §§ 50079.5, 50093, 50105 Senior citizen housing development Civil Code §§ 51.3, 51.12 Child care facility; density bonus Gov. Code § 65917.5 Conversion of apartments to condominiums; density bonus

Gov. Code 65915.5

Environmental Protection

Public Res. Code §§ 21000 et seq. Noise Control Act Health and Saf. Code §§ 46000 et seq.