Huron Municipal Code Ch. 9.39 Marijuana Dispensaries or Sales, Use and Cultivation

The purpose of this chapter is to protect the health, safety, and general welfare of the City of Huron by prohibiting the establishment of marijuana dispensaries or sales; restricting the cultivation, and use of marijuana in any area within the jurisdiction of the City of Huron.

( Ord. No. 373 , § 2, 3-15-2017)

As used in this chapter, the following words have the meanings ascribed to them in this section as follows:

"Cannabis" or "marijuana" shall have the same meaning given to the term "marijuana" by § 11018 of the Health and Safety Code. The terms "cannabis" and "marijuana" are interchangeable and shall have the same meaning.

"Child care center" means any licensed child care or day care center, child care home, or preschool.

"Commercial marijuana activity" includes the cultivation, possession, manufacture, distribution, processing, storing, laboratory testing, labeling, transportation, distribution, delivery or sale of marijuana and marijuana products.

"Cultivation" means any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of marijuana.

"Detached structure" means a building fully detached from a residence or other building that complies with the building regulations of the City of Huron and approved by the community development director or his or her designee, as set forth in this chapter.

"Fence" or "fenced" shall mean a fence constructed of a substantial material that prevents viewing the contents of one side from the other.

"Identification card" shall have the same meaning given to that term by Health and Safety Code § 11362.7 or as it may be amended. Marijuana shall have the same meaning as Health and Safety Code § 11018 as it is now or may be amended.

"Marijuana products" and "marijuana accessories" shall have the same meaning given to those terms by Health and Safety Codes §§ 11018.1 and 11018.2, respectively.

"Medical marijuana" means marijuana authorized for medical use as set forth in and in strict compliance with California Health and Safety Code § 11362.5, et seq., as it is now or as amended. "Non-medical marijuana" shall mean marijuana used for any other purpose authorized by law.

"Medical marijuana cooperative" or "collective or medical cannabis dispensary" shall, for the purposes of this chapter, have the same meaning as "medical marijuana dispensary."

"Medical marijuana dispensary" or "collective" means any facility or location where medical marijuana is made available to or distributed by or to the following: a primary care giver, a qualified patient, or a person with an identification card in strict compliance with Health and Safety Code § 11362.5, et seq. A "medical marijuana dispensary" shall not include the following uses, as long as the location of such uses are otherwise regulated by this code or applicable law: a clinic license pursuant to Chapter 1 of Division 2 of the Health and Safety Code; a health care facility licensed pursuant to Chapter 2 of Division 2 of the Health and Safety Code; a residential care facility for persons with chronic life-threatening illness license pursuant to Chapter 3.01 of Division 2 of the Health and Safety Code; a resident care facility for the elderly licensed pursuant to Chapter 3.02 of Division 2 of the Health and Safety Code; a residential hospice, or a home health agency licensed pursuant to Chapter 8 of the Health and Safety Code, as long as any such use strictly complies with applicable law including, but not limited to, Health and Safety Code § 11362.5, et seq.

"Person with an identification card" shall have the same meaning given to that term by Health and Safety Code § 11362.7 or as it may be amended.

"Primary care giver" shall have the same meaning given to that term by Health and Safety Code § 11362.7 or as it may be amended.

"Qualified patient" shall have the same meaning given to that term by Health and Safety Code § 11362.7 or as it may be amended.

"Residential structure" shall mean a building used for human habitation.

"School" shall mean an institution of learning whether public or private, offering regular courses of instruction, including, without limitation to, elementary schools, middle or junior high schools, senior high schools, community colleges, or vocational colleges or institutions.

"Sell", "sale", and "to sell" includes any transaction whereby for any consideration, title to marijuana is transferred from one person to another and includes the delivery of marijuana or marijuana products pursuant to an order placed for the purchase of the same and soliciting or receiving an order for the same.

( Ord. No. 373 , § 2, 3-15-2017)

Medical marijuana and non-medical marijuana dispensaries or commercial marijuana activity of every type and/or sale of marijuana and marijuana products are prohibited and it shall be unlawful for any person to engage in any such activity in or upon any premises located in any zone or anywhere else within the boundaries or jurisdiction of the City of Huron.

( Ord. No. 373 , § 2, 3-15-2017)

No person shall smoke, ingest, or otherwise consume marijuana or marijuana products, whether recreational or medical, in the City of Huron, unless such smoking, ingesting or consumption occurs entirely within a private residence. "Within a private residence" shall mean inside habitable areas and shall not include garages, whether attached or detached, and other accessory buildings, unless those buildings are at all times fully enclosed during the consumption. Medical marijuana may also be consumed within a clinic, healthcare facility, residential care facility, or residential hospice licensed pursuant to applicable provisions of the California Health and Safety Code. All consumption shall be done in a manner so as not to cause a nuisance to nearby residents with noxious odors or other adverse health and safety impacts.

( Ord. No. 373 , § 2, 3-15-2017)

Cultivation of medical marijuana and non-medical marijuana is prohibited in the City of Huron as follows:

A. Outdoor Cultivation. Outdoor cultivation is unlawful and declared a public nuisance for any person owning, leasing, occupying or having charge or possession of any parcel or premises within any zone in the City of Huron to cause or suffer such parcel or premises to be used for the outdoor cultivation of marijuana plants.

B. Non-residential Zones. It is unlawful and a public nuisance to cultivate medical marijuana or non-medical marijuana in any non-residential zone in the City of Huron.

C. Cultivation Within a Residence. It is unlawful and a public nuisance for any person to cultivate or allow the cultivation of medical or non-medical marijuana inside any residential structure or building suitable for human habitation in any zone of the City, except as permitted by this chapter.

D. Proximity to Child Care Centers, Parks and Schools. It is unlawful and declared a public nuisance to cultivate or allow the cultivation of non-medical marijuana or medical marijuana on any parcel or premises within five hundred (500) feet from any child care center, public park or school. The five-hundred-foot distance shall be measured from the closest property line of the child care center, public park, or school to the closest property line of the parcel upon which the cultivation is present.

( Ord. No. 373 , § 2, 3-15-2017)

A. Cultivation Permit. No person may engage in the cultivation of marijuana without first obtaining a marijuana cultivation permit from the city manager or his or her designee.

B. Permit Application. Any person seeking a permit to cultivate marijuana shall complete an application for a cultivation permit on a form provided by the City of Huron which shall contain, but is not limited to, the following:

1. The physical site address of the premises where the marijuana will be cultivated.

2. The name of each person owning, leasing, occupying, or having charge of the premises where the marijuana will be cultivated and, in the event that the person owning said parcel is not the person applying for a cultivation permit, then a signed, notarized, consent to the cultivation of marijuana at the premises on a form provided by the City of Huron.

3. A signed consent form from the applicant(s) and/or property owner authorizing city staff, including the Huron Police Department, to conduct an inspection of the area used for the cultivation of marijuana upon request.

C. Building Standards—Approval Required. Prior to the issuance of a cultivation permit pursuant to this chapter, the structure wherein the marijuana will be cultivated must be reviewed, inspected and approved by the City Manager or his or her designee.

D. Term of Permit. A marijuana cultivation permit shall be valid for no more than one year.

E. Permit Renewal. A marijuana cultivation permit may only be renewed upon an application for renewal to the city manager or his or her designee on a form provided by the City of Huron.

F. Fees. The city council may establish or amend, by resolution, a fee or fees required to be paid upon the filing of an application for a permit, or renewal thereof, as provided for in this chapter, which shall not exceed the reasonable cost of administering this chapter.

G. Denial of Permit.

1. The city manager, or his or her designee, may deny any application for a marijuana cultivation permit, or extension thereof, if he or she finds, in his or her discretion, based on the facts available that the issuance of such permit, or extension thereof, does not meet the requirements of this chapter and would be detrimental to the public health, safety or welfare.

( Ord. No. 373 , § 2, 3-15-2017)

A. Indoor Cultivation. The indoor cultivation of marijuana in a residential zone within a residential structure shall not to exceed an area of fifty (50) square feet, unless a larger area is required to cultivate a greater quantity as allowed either by the Marijuana Medical Regulation and Safety Act for Medical Marijuana or by the Control, Regulate and Tax Use of Marijuana Act for Non-Medical Marijuana.

B. Approval Required. Any person applying for a cultivation permit for marijuana pursuant to this chapter in a residential structure shall first obtain approval of the residential structure and a cultivation permit from the city manager or his or her designee. The city manager may establish any procedures or forms necessary for the processing of the approval/cultivation permit described in this chapter.

C. Standards. The residential structure to be used for marijuana cultivation shall conform to the City Code, building standards of the City of Huron including all adopted codes, and any requirements deemed necessary by the city manager or his or her designee including, but not limited to, the following minimum standards:

1. Indoor grow lights in a residential structure shall not exceed one thousand (1,000) watts or other limit as determined by the City and shall comply with the building regulations of the City of Huron and all adopted codes including, but not limited to, the California Building and Electrical Codes and shall be inspected and approved by the building inspector.

2. Indoor cultivation within a residential structure shall not take place in a kitchen, bathroom, bedroom, or common area of the residence and shall be secured by one or more lockable doors.

3. Any cultivation within a residential structure shall have a ventilation system separate from the remaining area of the residential structure with a filtration system that shall prevent marijuana plant odors from exiting the interior of the cultivation area or the residential structure. Said ventilation system shall comply with the building regulations of the City of Huron and adopted codes including, but not limited to, the applicable sections of the California Building Code related to mechanical ventilation.

4. The use of generators or any other internal combustion engine or use of any combustible products including, without limitation to, gasoline, diesel fuel, butane, propane, or natural gas within the residential structure shall be prohibited.

5. City water shall not be used in the cultivation of marijuana.

( Ord. No. 373 , § 2, 3-15-2017)

A. Approval Required. Any person seeking a cultivation permit for marijuana pursuant to this chapter in a detached structure shall first obtain approval of the detached structure and a cultivation permit from the city manager or his or her designee. The city manager may establish any procedures or forms necessary for the processing of the approval/cultivation permit described in this chapter.

B. Standards. The detached structure shall conform to the City Code, building standards of the City of Huron including all adopted codes, and any requirements deemed necessary by the city manager or his or her designee including, but not limited to, the following minimum standards:

1. The detached structure shall be attached to a slab foundation or equivalent base by bolts or similar attachments.

2. The walls and roofs of the detached structure must be constructed of two-inch by four-inch or larger material. The frame of the structure must be overlayed with at least five-eighths-inch exterior plywood or other suitable material and shall be covered with materials similar to or conforming with the materials used on surrounding structures.

3. The detached structure shall be accessible by one or more lockable exterior-grade doors.

4. The total area of the detached structure shall not exceed one hundred (100) square feet unless a larger area is required to cultivate a greater quality of marijuana set forth in the Marijuana Medical Regulation and Safety Act for Medical Marijuana or by the Control, Regulate and Tax Use of Marijuana Act for Non-Medical Marijuana.

5. Indoor grow lights shall not exceed a maximum wattage to be determined by the city manager or his or her designee. electricity to the building must be provided by suitable connection as determined by the city manager. Use of portable generators, portable heaters, or combustible products including, but not limited to, gasoline, diesel fuel, propane, butane, or natural gas, unless expressly permitted by the city manager or his or her designee, are strictly prohibited. The detached secure structure shall have a ventilation and filtration system installed to prevent odors from marijuana plants from exiting the interior of the building and shall comply with the building regulations of the city of Huron and all adopted Codes, including, but not limited to, applicable California Building Code sections related to mechanical ventilation.

6. The secured structure shall be located within the rear yard of any premises and must be setback at least ten feet from any building, pool, or property line. If any greater setback is required by any other provision of the Huron Municipal Code or any other code, the greater setback distance shall apply.

7. The area surrounding the secured structure must be enclosed by a solid fence at least six feet in height and an adequate mechanical or electronic security system approved by the city manager or his or her designee or the chief of police must be installed in and around the detached structure.

8. The detached structure shall be inspected and approved by the building inspector.

9. City water shall not be used in the cultivation of marijuana.

( Ord. No. 373 , § 2, 3-15-2017)

If any requirement relating to cultivation, or terms of any permit issued for cultivation in accordance with this chapter is determined by any city officer or official to have been violated, that officer or official may immediately revoke the permit and, if deemed necessary to correct or prevent any such or any further violation of either this chapter or the terms of any permit issued thereunder, such officer or official of the City may immediately confiscate or destroy any growing marijuana, harvested or processed marijuana or any marijuana products. The city officer or official shall issue a written order revoking the permit as soon as practicable upon detecting the violation of this chapter or of any permit leading to the revocation. Any confiscation or destruction of any marijuana or marijuana products shall be final and conclusive, and not subject to an appeal insofar as the confiscation or destruction of marijuana or marijuana products occurs in connection with the action taken by the officer or official in revoking the permit. The revocation of the permit shall, however, be subject to an appeal as provided in this chapter.

( Ord. No. 373 , § 2, 3-15-2017)

Any applicant for or holder of a permit issued pursuant to the provisions of this chapter, which application or permit has been denied, revoked, or suspended by order of the chief of police, city manager, or other officer or official of the City shall have the right to appeal such order or denial, revocation or suspension to the city council within twenty (20) days after the date on which such order is hand delivered to the applicant or permittee, or deposited in the United States mail, postage prepaid, addressed to the applicant or permittee.

An appeal shall be made by filing a notice of appeal with the city clerk of the City of Huron within the twenty-day period set forth in this section. The filing of such appeal shall not suspend the order of denial, revocation or suspension of said permit. The city council shall hear the appeal within a reasonable time, not exceeding ninety (90) days, from and after the date of receipt of the notice of appeal by the city clerk. The city council shall conduct a public hearing, written notice of the time and place thereof being mailed to the applicant or permittee not less than ten days prior to said hearing, unless timely notice be waived by the applicant or permittee. The rules of evidence shall not apply to the hearing and the applicant or permittee shall have the right to the assistance of counsel and the reasonable presentation of witnesses and evidence. The council shall make an order affirming, overruling or modifying the denial, revocation or suspension of such permit within sixty (60) days from and after the date the hearing on said appeal is concluded. The city's council appeal and decision shall be limited to addressing whether a permit that has been revoked, denied or suspended shall or shall not be reinstated or issued. Any action taken by the chief of police, city manager or other officer or official of the City in connection with the denial, revocation of or suspension of any permit other than the order revoking, denying or suspending the permit, shall be final, conclusive, and unreviewable. The decision of the city council shall be the final decision of the City. Any person who has a permit issued under this chapter revoked shall be precluded from holding or being issued any such permit for a period of one year from the date of the order revoking the permit or the city council's decision upholding the revocation, whichever is later.

( Ord. No. 373 , § 2, 3-15-2017)

Any violation of any of the provisions of this chapter shall be a misdemeanor and constitutes a public nuisance and shall be enforced and/or abated in accordance with any other applicable section of the Huron Municipal Code.

( Ord. No. 373 , § 2, 3-15-2017)

Nothing in this chapter is intended to be an exclusive penalty or remedy. Nothing in this chapter is intended to authorize the use, possession, sale, distribution or cultivation of marijuana in violation of state or federal law.

( Ord. No. 373 , § 2, 3-15-2017)