Chapter 17.65 — CONDITIONS OF APPROVAL FOR MEDICAL MARIJUANA FACILITIES

The city council finds and determines as follows:

A.

Federal law prohibits the possession and distribution of marijuana. (21 U.S.C. Section 812, 841(a)(1), 844) Under federal law there is no exception for medical marijuana. Although California criminalizes the possession and cultivation of marijuana generally (Health & Safety Code Section 11357, 11358), California has decriminalized the possession and cultivation of medical marijuana, when done pursuant to a physician's recommendation. (Health and Safety Code Section 11362.5(d).) Further, California law decriminalizes the collective or cooperative cultivation of medical marijuana. (Health & Safety Code Section 11362.775) In 2004, the legislature enacted Senate Bill 420 (codified at Health and Safety Code Section 11352.7 et. seq.) to clarify the scope of Proposition 215(the "Compassionate Use Act") and to provide qualifying patients and primary care givers who collectively or cooperatively cultivate marijuana for medical purposes with limited defense to certain specified state criminal statutes. Finally, recognizing the dangers associated with the medical marijuana industry, the state legislature adopted Health and Safety Code Section 11362.83, permitting:

(1)

Cities or other local governing bodies to adopt local ordinances that regulate the location, operation, or establishment of medical marijuana cooperatives or collectives; and

(2)

Enforce said civil and criminal enforcement of local ordinances.

B.

The city council acknowledges that state and federal laws prohibit the possession, sale and distribution of marijuana. The city council also acknowledges that the State of California has adopted the Compassionate Use Act and the Medical Marijuana Program Act. The city council also acknowledges that it is charged with the duty to protect the health, safety and welfare of its residents and the public in general.

C.

The City of Orange Cove is a small rural farming community at the base of the Sierra Nevada Range and surrounded by vast agricultural resources. The community is a relatively poor community with a high rate of unemployment. There has developed within the community a large number of marijuana grows in the backyards of residential neighborhoods, to the extent that such grows are visible from the street and the pungent odor of marijuana is clearly noticeable to the passerby. This development of marijuana grows, particularly in residential neighborhoods, threatens the health, safety and welfare of the residents. These grows have become a target for crime. Given the small size of this community, if regulations are not put in place, the city council fears that the outdoor cultivation of marijuana will permeate the entire community and bring more crime to the community. Recently, in the Central San Joaquin Valley, and more particularly in Fresno County, there have been incidents of violence including homicides and missing persons relating to the cultivation of medical marijuana.

D.

A scan of newspaper headlines and the internet paints a controversial picture of the medical marijuana industry. Some have been caught selling marijuana to people not authorized to possess it, many intentionally operate in the shadows without any business licensure or under falsified documentation, and some have been the scene of violent robberies and murder. These abuses have prompted a range of reactions from communities across California. forty-two cities and nine counties have local ordinances regulating dispensaries, one hundred three cities and fifteen counties have moratoriums, and one hundred forty-three cities and twelve counties have bans in place.

E.

Arrests have been made within this community of individuals armed with machine guns coming into this community for the purpose of stealing marijuana being cultivated within the community.

F.

There have been many reports of violence incidental to the cultivation of marijuana, whether medical or non-medical. There have been reports of shootings in Fresno County related to marijuana. One of the shootings resulted in a death. There have been reports of missing persons related to the medical marijuana industry. The reports of marijuana related threats to neighboring landowners and other citizens have escalated and grown in recent months.

G.

Additionally, a number of sources, including the United States Department of Justice's California Medical Marijuana website (http://www.usdoj.gov/dea/ongoing/legalization.html) and the "White Paper on Marijuana Dispensaries" published by the California Police Chiefs Association's Task Force on Marijuana Dispensaries (April 22, 2009) have concluded that the establishment of marijuana dispensaries can lead to an increase in

crime. Among the crimes cited are burglaries, robberies, sales of illegal drugs in the areas immediately surrounding such dispensaries, as well as other public nuisances such as loitering, smoking marijuana in public places, sales to minors and driving while under the influence of marijuana.

H.

Although decriminalized in California, the unregulated cultivation and dispersement of medical marijuana in the City of Orange Cove pose an immediate and serious threat to the health, safety and welfare of the community. The State of California has left the regulation of such activities to local authorities. Comprehensive civil regulations of premises used for medical marijuana cultivation and distribution is proper and necessary to avoid the risks of criminal activity, degradation of the natural environment, malodorous smells, and fire hazards that may result from unregulated marijuana cultivation.

I.

The city council has considered evidence presented to it concerning the safety of the cultivation and distribution of medical marijuana and finds there is an abundance of evidence both locally, and nationally, that such business are targets of crime and the inherent risks to the public's health, safety and welfare, thereby warranting a zero tolerance policy for violations; and, as such, a proactive effort on the part of the city to prevent crime.

J.

The city council considers the unregulated cultivation and distribution of medical marijuana a current and immediate threat to the health, safety and welfare of the public.

K.

As described above, the medical marijuana industry, while decriminalized in California, still poses a threat to the health, safety and welfare of the public. The council finds that said activity does not fit squarely in any defined zoning district in the city. In order to protect the health, safety and welfare of the public and to prevent and deter criminal activity, the council finds it necessary to regulate the use of land within the city, through land use regulations.

L.

The city council now desires to impose said regulations on the business and activity of medical marijuana facilities, in order to protect the health, safety and welfare of the general public. The intent of this ordinance is not to be in conflict with federal law which expressly prohibits the possession and distribution of marijuana, but rather to impose land use restrictions upon the activities of those whose activities have been decriminalized under state law. The intent of this ordinance is not to otherwise permit the possession and distribution of marijuana, but rather to protect the health, safety and welfare of the public.

(Ord. No. 362, § 3, 10-10-2012)

A.

"Collective" or "cooperative" pursuant to Health & Safety Code Section 11362.775, medical marijuana patients and primary caregivers may "associate within the State of California in order collectively or cooperatively to cultivate marijuana for medical purposes." (Guidelines For the Security and Non-Diversion of Marijuana Grown for Medical Use; Department of Justice, State of California, August 2008, citing Health & Safety Code Section 11362.775)

B.

"Medical marijuana" is defined in subsection (h) of Health and Safety Code Section 11362.7.

C.

"Medical marijuana facility" is a facility wherein medical marijuana is cultivated and dispensed as a collective or cooperative pursuant to Health & Safety Code Section 11362.775.

D.

"Primary caregiver" is the individual, designated by a qualified patient or by a person with an identification card, who has consistently assumed responsibility for the housing, health, or safety of that patient or person.

E.

"Qualified patient" is a person who is entitled to the protections of California Health and Safety Code Section 11362.5.

(Ord. No. 362, § 3, 10-10-2012)

A.

Written application for a conditional use permit under this chapter shall be made to the city manager, on forms acceptable to the city manager, accompanied by a non-refundable fee as specified in the resolution adopted by the city council, which fee shall be sufficient to cover the cost of handling the application. Fees or costs incidental to the filing of a complete application, and/or associated with the conditional use permit application, and/or to meet other provisions of this chapter are not included in the application fee. The application shall be signed by the applicant or applicants. The application shall include the following:

The name, address and telephone number of the applicant. The applicant must be a qualified patient, a person with an identification card or a primary caregiver as those terms are defined and used in Health and Safety Code Section 11362.7 et. seq.; and

The name of each qualified patient, person with an identification card, or primary caregiver who is part of the collective or cooperative operating pursuant to the conditional use permit; and

A copy of the current medical recommendation or state-issued medical marijuana card for the applicant and collective/cooperative members; and

A statement, signed by the applicant and all collective/cooperative members, that they acknowledge that they may be subject to prosecution under federal or state laws; and

An agreement, signed by the applicant and all members of the collective/cooperative, to waive, release, indemnify and defend the city from any and all legal liability related to or arising from the application for a license, the issuance of the license, or the enforcement of the conditions of the license, and/or the operation of any facility at which medical marijuana is cultivated; and

The address of the real property upon which the medical marijuana will be cultivated, a description of the nature of the proposed use or development.

The notarized signature of all property owners of the proposed site indicating the owners' consent to the application and acknowledgement that the property owner may be subject to prosecution under federal or state laws; and

The fee prescribed by the city council by resolution for processing the application; and

Such other information and documentation as the city determines is necessary to ensure compliance with state law and this chapter.

B.

The applicant and each member of the collective/cooperative must be fingerprinted and photographed by the police department, at the applicant's expense.

(Ord. No. 362, § 3, 10-10-2012)

A.

Notwithstanding Chapter 17.52 of this Code, applications for a conditional use permit for the cultivation of medical marijuana in an M-1 or M-2 zone district shall be processed by the city manager. Within fifteen days of receipt of a complete application, the city manager shall distribute the application to relevant

departments, and the county, state and federal agencies for review and comment. Such reports shall be submitted to the city manager not later than ninety working days from the date of distribution of the application.

B.

In considering an application for a conditional use permit pursuant to this chapter, the city manager shall approve the application only upon the police chief's certification, after a background check, that each applicant, and each member of the collective/cooperative, has not been convicted of a felony, or drug or illegal substance related non-felony, or is a known member of a criminal street gang.

C.

In the event the report of the city chief of police is adverse to the issuance of the conditional use permit, the city manager shall not issue the permit. The city manager's decision to approve or deny an application shall be final. There shall be no appeal to the planning commission or city council.

D.

Notice of Decisions. Notice of the city manager's decision shall be given as follows:

Denial. A letter shall be mailed to the applicant, property owner and/or authorized agent as shown on the application form.

Grant. A notice of granting shall be delivered pursuant to Government Code Section 65091 to the following:

a.

To the owner of the subject real property as shown on the latest equalized assessment roll. Notice shall also be mailed to the owner's duly authorized agent, if any, and to the project applicant.

b.

To any person designated in any application or appeal to receive such notice.

c.

To every person filing with the director a written request for notice with respect to an identified proceeding specified in such request.

d.

To each local agency expected to provide water, sewage, streets, roads, schools, or other essential facilities or services to the project, whose ability to provide those facilities and services may be significantly affected.

e.

To all owners of real property as shown on the latest equalized assessment roll within three hundred feet of the real property that is the subject of the hearing. In lieu of using the assessment roll, the local agency may use records of the county assessor or tax collector which contain more recent information than the assessment roll. If the number of owners to whom notice would be mailed or delivered pursuant to this paragraph or paragraph (1) is greater than one thousand, a local agency, in lieu of mailed or delivered notice, may provide notice by placing a display advertisement of at least one-eighth page in at least one newspaper of general circulation within the local agency in which the proceeding is conducted at least ten days prior to the hearing.

f.

If the notice is mailed or delivered pursuant to paragraph (b), the notice shall also either be:

(A)

Published pursuant to Section 6061 in at least one newspaper of general circulation within the local agency which is conducting the proceeding at least ten days prior to the hearing.

(B)

Posted at least ten days prior to the hearing in at least three public places within the boundaries of the local agency, including one public place in the area directly affected by the proceeding.

g.

The notice shall include the information specified in Government Code Section 65094.

h.

In addition to the notice required by this section, a local agency may give notice of the hearing in any other manner it deems necessary or desirable.

All such notices shall be mailed within seven days after the decision is made. Whenever the action taken is subject to appeal or request for hearing by any person receiving such notice, the notice shall set forth the procedure for filing such appeal, objection, or request within a period of fifteen days after the date such action was taken.

E.

Effect of City Manager's Decision. Unless appealed to the commission pursuant to subsection F, below, the decision of the director shall be final and effective for all purposes.

F.

Appeal to the Commission. Any interested party may file an appeal of the director's action to grant, grant in modified form, or deny a special permit. When the appeal is filed, said decision shall be set aside, and a public hearing upon the matter shall be set before the commission. Notice of the hearing shall be provided pursuant to Government Code Section 65091 and subsection D above.

(Ord. No. 362, § 3, 10-10-2012)

Because the danger and risks to the health, safety and welfare of the public, the sale, transfer, assignment of a conditional use permit issued pursuant to this chapter is personal to the applicant(s) and does not run with the land. All changes in ownership, whether of property or business assets, shall require a new conditional use permit application and approval.

(Ord. No. 362, § 3, 10-10-2012)

Medical marijuana facilities, including the cultivation of medical marijuana shall at all times occur within a secure, locked, and fully enclosed structure, including a ceiling, roof or top, and shall meet the following requirements:

A.

Location. The medical marijuana facility shall be a minimum of one half mile from any school, public park or playground, recreation area, amusement park, sports facility, adult business, day care facility, church, chapel, youth-orientated establishment, places of worship, medical facility or other medical marijuana facility.

B.

Exterior. The exterior appearance of the structure shall be compatible with the exterior appearance of structures already constructed or under construction within the immediate area, and shall be maintained so as to prevent blight or deterioration, or substantial diminishment or impairment of property values within the immediate area.

C.

Security.

A city police department approved twenty-four-hour centrally monitored alarm system is required.

A city police department approved closed circuit television (CCTV) video monitoring shall be installed that meets the following criteria:

a.

Continuous twenty-four-hour operation and recording with minimum archival period of fourteen days.

b.

Sufficient cameras, angles of observation and lighting to allow facial feature identification of persons in interior and exterior areas where marijuana is present at any time.

c.

Sufficient cameras, angles of observation and lighting to allow facial feature identification of persons in the immediate exterior areas of doors, windows or other avenues of potential access.

d.

All CCTV recordings shall be accessible to law enforcement officers at all times during operating hours and otherwise upon reasonable request. All CCTV recording systems shall have the capability of producing tapes, DVDs or other removable media of recordings made by the CCTV system.

e.

To prevent tampering, the recorder shall be kept in a secure location and all recordings shall be date and time stamped.

D.

Structure.

The structure shall meet all applicable building and fire codes, including plumbing and electrical, and all applicable zoning codes, including lot coverage, set back, height requirements, and parking requirements.

At a minimum, the structure, including all walls, doors, and the roof, shall be constructed with a firewall assembly of green board meeting the minimum building code requirements for commercial structures and include material strong enough to prevent entry except through an open door.

E.

Windows.

Windows and glass panes shall have vandal-resistant glazing, shatter-resistant film, glass block, or bars installed equipped with latches that may be released quickly from the inside to allow exit in the event of emergency.

Windows vulnerable to intrusion by a vehicle must be protected by bollards or landscaping grade separation reasonably sufficient to prevent such intrusion.

F.

Ventilation. The structure for cultivating medical marijuana shall include a ventilation and filtration system designed to ensure that odors from the cultivation are not detectable beyond the property line and designed to prevent mold and moisture and otherwise protect the health and safety of those persons

participating in the cultivation. This shall include at a minimum, a system meeting the requirements of the current, adopted edition of the California Building Code § 1203.4 Natural Ventilation or § 402.3 Mechanical Ventilation (or its equivalent(s)).

G.

Roofs, Roof Hatches, Skylights, Ceilings. For buildings in which a Medical Marijuana Facility is located:

All means of gaining unauthorized access to the roof shall be eliminated. Exterior roof ladders shall be secured with locked ladder covers.

Roof hatches and skylights shall be secured so as to prevent intrusion.

Where a medical marijuana facility is located in a building with other tenants, the medical marijuana facility shall be secured against unauthorized access from other tenant spaces or common areas, including access through crawl spaces, ceiling spaces, ventilation systems or other access points concealed from the common areas.

H.

Visibility.

No marijuana may be visible from any location off the property on which a medical marijuana facility is located.

Exterior landscaping within ten feet of any building in which a medical marijuana facility is located shall be free of locations which could reasonably be considered places where a person could conceal themselves considering natural or artificial illumination.

Exterior building lighting and parking area lighting must be of sufficient foot-candles and color rendition, so as to allow the ready identification of any individual committing a crime on-site at a distance of no less than forty feet.

I.

Signage and Markings. There shall be no signage or markings on the property, structure, on any other building located on the property, or off-site, which in any way evidences that the collective or cooperative cultivation of medical marijuana is occurring on the property. There shall be posted signage over each and

every door or entrance which is accessible from a public street, sidewalk or alley which states that "No One Under 18 Years of Age Permitted" and "Loitering Prohibited." Said signage shall be in both English and Spanish and shall be clearly posted.

J.

Fire Suppression System. An approved automatic fire sprinkler system, designed in compliance with NFPA 13, shall be provided in buildings and portions thereof used as a medical marijuana facility.

K.

Entrances, Exits, Doors.

A medical marijuana macility shall have a single, plainly identified primary entrance/exit site that is visible from public or common areas.

Any exit or entrance that is not visible from a public or common area shall be plainly marked as an emergency exit only. Such emergency exits shall be self-closing, self-locking, equipped with an alarm and not used except in an emergency.

Any aluminum door shall be fitted with steel inserts at the lock receptacles.

Any outward opening doors shall be fitted with hinge stud kits, welded hinges or set-screw hinge pins.

Panic exit hardware shall be "push-bar" design.

Double doors shall be fitted with three-point locking hardware and push-bars consistent with fire agency regulations or requirements.

All emergency exits shall be solid core doors featuring hinge-pin removable deterrence. Emergency exit doors shall have latch guards at least twelve inches in length protecting the locking bolt area. Latch guards shall be of minimum 0.125-inch thick steel, affixed to the exterior of the door with non-removable bolts, and attached so as to cover the gap between the door and the doorjamb for a minimum of six inches both above and below the area of the latch.

All glass doors or doors with glass panes shall have shatter-resistant film affixed to prevent glass breakage.

(Ord. No. 362, § 3, 10-10-2012)

The use and operation of any facility shall not commence until such time as the city building inspector and city police department have first inspected the structure to confirm that said structure complies with the infrastructure and safety requirements set forth in this chapter, and the city has issued a certificate of occupancy.

A certificate of occupancy shall not be issued until such time as the applicant(s) have obtained a conditional use permit pursuant to this chapter.

(Ord. No. 362, § 3, 10-10-2012)

A.

The hours of operation of a medical marijuana facility shall be no earlier than 8 a.m. and no later than 8 p.m., seven days a week.

B.

No persons under the age of eighteen are allowed at, in, or on a medical marijuana facility, unless such individual is a qualified patient and accompanied by their parent or documented legal guardian.

C.

The applicant and each member of the collective/cooperative shall be limited to cultivation of medical marijuana at one medical marijuana facility at any one time.

D.

The following records must be maintained in a form and manner approved by the police department at the medical marijuana facility at all times and available for inspection by the police department:

The full name, address, and telephone number(s) of the owner and lessee, including all alias names used in the previous ten years;

The address where correspondence is to be mailed;

A record identifying the name of the licensee and each collective/cooperative member by name, home address and telephone number;

A copy of all participant physician recommendations, identification cards, and primary caregiver evidence; and shall reflect whether the recommendation is written or oral. The record shall identify the city and city of residence for the applicant, and each member;

A sketch or diagram showing the property with the location of the cultivation and all buildings on the property, including a statement showing the total area occupied by the cultivation and the distance from the property lines;

A statement setting forth the number of plants to be cultivated and demonstrating that the cultivation does not exceed the maximums set forth under state law or this ordinance, namely patient maximums and the cap of 99 plants;

Statement identifying all persons who will be tending to the cultivation and describing the cultivation process;

For lessees, written evidence that the owner has consented to use of the property for medical marijuana cultivation;

Current records of any transaction by which a member pays money for marijuana from the medical marijuana facility during the two-year period preceding the current date. Such records must include at a minimum the following information:

a.

The name of the collective/cooperative member that paid money;

b.

The amount of cash involved, if any;

c.

The method of payment if not by cash; and

d.

The amount of marijuana involved.

An agreement, signed by the applicant and every collective/cooperative member, that within seven days of request by the police department, they will produce for inspection by law enforcement a record, current to within forty-eight hours, of costs of cultivation, overhead and operating expenses; and

E.

The total quantity of marijuana grown or located at any medical marijuana facility shall not exceed the amount stated in Health & Safety Code Section 11362.77, but in no case, irrespective of the number of collective/cooperative members, the number of marijuana plants shall not exceed ninety-nine, whether mature or immature.

F.

No smoking or any other consumption or ingestion of marijuana is allowed at a medical marijuana facility.

G.

Medical marijuana facilities shall be available for inspection by the police department, city manager, the fire authority having jurisdiction or their respective authorized representatives, at all times during operating hours and upon reasonable notice during non-operating hours.

H.

A medical marijuana facility shall have on its premises, posted in a prominent location, a copy of its conditional use permit and a document that provides the names, home addresses, home telephone numbers and twenty-four-hour emergency telephone numbers of the applicant and every collective/cooperative member.

I.

A licensed, uniformed security guard shall be present at a medical marijuana facility at all times during hours of operation.

J.

The applicant shall not hold or maintain a license from the state department of alcohol beverage control to sell alcoholic beverages, or operate a business that sells alcoholic beverages.

K.

The applicant shall not hold or maintain a business license from the city to operate an adult business.

L.

Required participation in the cultivation: no employees. All persons who associate together for the collective or cooperative cultivation must participate in the cultivation and the cultivation must occur solely among members of the association. No employees, independent contractors, or other persons may be utilized for the cultivation.

M.

No compensation or sales: distribution only among members. No member may compensate any other member to cultivate on its behalf. All distribution of the cultivated marijuana shall be solely among members of the association and shall be without compensation of any kind. Nothing in this subsection shall be deemed to prevent a primary caregiver from subsequently providing the cultivated marijuana to one of his/her qualified patients.

N.

No on-site consumption. No on-site consumption of medical marijuana shall occur.

O.

No cultivation in conjunction with a business: The cultivation shall not occur in conjunction with any business. No products or services shall be sold from the property where the cultivation occurs.

P. The cultivation operation shall be open for inspection by any law enforcement officer or city code enforcement officer between the hours of 8:00 a.m. and 9:00 p.m. seven days a week, or at any time upon responding to a call for service related to the property where the cultivation is occurring.

(Ord. No. 362, § 3, 10-10-2012)

A conditional use permit issued pursuant to this chapter may be revoked for any violation of this chapter, or in the event any applicant or collective/cooperative member is found guilty of a felony, a drug or illegal substance non-felony, or determined by the chief of police to be a known member of a criminal street gang. A conditional use permit issued pursuant to this chapter may also be revoked, if in the discretion of the chief of police, criminal activity has occurred upon the premises, the result of which has placed the health, safety and welfare of the public in jeopardy.

Each and every violation of this chapter shall constitute a separate violation and shall be subject to all remedies and enforcement measures authorized by Title 1, of this Code, which include criminal, civil and administrative remedies. Additionally, a violation of this chapter constitutes a nuisance per se, and as a nuisance per se, any violation of this chapter shall be subject to injunctive relief, revocation of the conditional use permit, revocation of the certificate of occupancy for the location, disgorgement and payment to the city of any and all monies unlawfully obtained, costs of abatement, costs of investigation, attorney fees, and any other relief or remedy available at law or equity. The city may also pursue any and all remedies and actions available and applicable under local and state laws for any violations committed by the applicant and/or the collective/cooperative members.

The city police department, with administrative assistance from the city manager's mffice, shall have primary responsibility for enforcement of the provisions of this chapter. Nothing in this chapter shall be construed as imposing on the enforcing officer or the city any duty to issue any notice to abate, nor to abate, nor to take any other action with regard to any medical marijuana facility in violation of this chapter, and neither the enforcing officer nor the city shall be held liable for failure to issue an order to abate, nor for failure to abate, nor for failure to take any other action with regard to any violation of this chapter.

In the event that a conditional use permit has been revoked pursuant to this section, the applicant shall be barred from being issued a new conditional use permit for such use at any location in the city.

(Ord. No. 362, § 3, 10-10-2012)

If any part of this chapter is for any reason held to be invalid, unlawful, or unconstitutional, such invalidity, unlawfulness or unconstitutionality shall not affect the validity, lawfulness, or constitutionality of any other part of this chapter.

(Ord. No. 362, § 3, 10-10-2012)

STATUTORY REFERENCES FOR CALIFORNIA CITIES

The statutory references listed below refer the Code user to state statutes relevant to California cities. They are current with all laws through Ch. 372 of the 2020 Regular Session.

General Provisions

Code adoption Government Code § 50022.1 et seq.

Ordinances Government Code § 36900 et seq.

Penalties for ordinance violations Government Code §§ 36900 and 36901

Imprisonment Government Code §§ 36903 and 36904

Citations for misdemeanors Penal Code § 853.5 et seq.

Administrative fines and penalties Government Code § 53069.4

Judicial review of city decisions Code of Civil Procedure § 1094.6

Expedited judicial review of First Amendment cases Code of Civil Procedure § 1094.8

Elections Government Code §§ 34050 and 36503 and Elections Code §§ 1301, 9200 et seq. and 10100 et seq.

Classification of cities Government Code § 34100 et seq.

General powers Government Code § 37100 et seq. and Cal. Const. art. XI §§ 7, 9

Conflict of Interest Code Government Code § 87100 et seq.

Eminent Domain Law Code of Civil Procedure § 1230.010 et seq.

Administration and Personnel

City officers generally Government Code § 36501 et seq.

Legislative body Government Code § 36801 et seq.

Meetings Government Code § 54950 et seq.

Mayor Government Code § 40601 et seq.

City clerk Government Code § 40801 et seq.

City treasurer Government Code § 41001 et seq.

City assessor Government Code § 41201 et seq.

Chief of police Government Code § 41601 et seq.

City attorney Government Code § 41801 et seq.

Alternative forms of government—City manager form of government Government Code § 34851 et seq.

Alternative forms of government—Election of legislative body by or from districts Government Code § 34870 et seq.

Alternative forms of government—Elective mayor Government Code § 34900 et seq.

City records Government Code § 34090 et seq.

Removal from office Government Code § 3000 et seq.

Political activities of public employees Government Code § 3201 et seq.

Local planning agencies Government Code § 65100 et seq.

California Emergency Services Act Government Code § 8550 et seq.

Fire department Government Code § 38611

Peace officer standards and training Penal Code § 13500 et seq.

Personnel system, merit system or civil service system Government Code § 45000 et seq.

Retirement systems Government Code § 45300 et seq.

Revenue and Finance

Financial powers Government Code § 37200 et seq.

Transfer of tax function to county Government Code § 51500 et seq.

Property tax assessment, levy and collection Government Code § 43000 et seq.

Bradley-Burns Uniform Local Sales and Use Tax Law Revenue and Taxation Code § 7200 et seq.

Transient occupancy tax Revenue and Taxation Code § 7280 et seq.

Documentary Transfer Tax Act Revenue and Taxation Code § 11901 et seq.

Unclaimed property Civil Code § 2080 et seq.

Unclaimed money Government Code § 50050 et seq.

Planning and zoning fees for specific purposes Government Code § 66012 et seq.

Public works and public purchases Government Code § 4000 et seq.

Local Agency Public Construction Act Public Contract Code § 20100 et seq.

Uniform Public Construction Cost Accounting Act Public Contract Code § 22000 et seq.

Claims against public entities Government Code § 900 et seq.

Development project fees Government Code § 66000 et seq.

Business Licenses, Taxes and Regulations

Authority to license businesses Government Code § 37101, Business and Professions Code § 16000 et seq.

Automatic checkout systems Civil Code § 7100 et seq.

Bingo Penal Code § 326.4 et seq.

Charitable solicitations Business and Professions Code § 17510 et seq.

Commercial filming Government Code § 65850.1

Community antenna TV systems Government Code § 53066 et seq.

Gambling Control Act Business and Professions Code § 19800 et seq.

Massage parlors Government Code § 51030 et seq.

Private investigators Business and Professions Code § 7512 et seq.

Taxicabs Vehicle Code §§ 16500 et seq., 21100, 21112 and Government Code § 53075.5 et seq.

Telecommunications facilities Government Code § 50030

Animals

Animals generally Food and Agriculture Code § 16301 et seq.

Dogs Government Code § 38792 and Food and Agriculture Code § 30501 et seq.

Potentially dangerous and vicious dogs Food and Agriculture Code § 31601 et seq.

Rabies control Health and Safety Code § 121575 et seq.

Cruelty to animals and related offenses Penal Code §§ 596 et seq. through 600.5

Health and Safety

Garbage and refuse collection and disposal Public Resources Code § 49300 et seq.

Nuisances and nuisance abatement Government Code § 38771 et seq. and Penal Code § 370 et seq.

Weed and rubbish abatement Government Code § 39501 et seq.

Littering Penal Code §§ 374 through 374.8

Smoking—Places of employment Labor Code § 6404.5

California Indoor Clean Air Act of 1976 Health and Safety Code § 118875 et seq.

Graffiti abatement Government Code § 38772 and Penal Code § 594.5

Fire prevention Health and Safety Code § 13000 et seq.

Fireworks Health and Safety Code § 12500 et seq.

Noise control Health and Safety Code § 46000 et seq. and Government Code § 65302(f)

Hospitals Government Code § 37600 et seq.

Public Peace, Morals and Welfare

Crimes against religion and conscience, and other offenses against good morals Penal Code § 302 et seq.

Obscenity Penal Code § 311 et seq.

Material harmful to minors Penal Code § 313 et seq.

Indecent exposure, obscene exhibitions, and bawdy and other disorderly houses Penal Code § 314 et seq.

Crimes against the public peace Penal Code § 403 et seq.

Vehicles and Traffic

Rules of the road Vehicle Code § 21000 et seq.

Local traffic rules and regulations Vehicle Code § 21100 et seq.

Traffic signs, signals and markings Vehicle Code § 21350 et seq.

Driving on right side of road, overtaking and passing Vehicle Code § 21650 et seq.

Right-of-way Vehicle Code § 21800 et seq.

Pedestrians' rights and duties Vehicle Code § 21949 et seq.

Turning, stopping and turning signals Vehicle Code § 22100 et seq.

Vehicle speed Vehicle Code § 22348 et seq.

Special stops required Vehicle Code § 22450 et seq.

Stopping, standing and parking Vehicle Code § 22500 et seq.

Bicycles Vehicle Code §§ 21200 et seq. and 39000 et seq.

Vehicle size, weight and load Vehicle Code § 35000 et seq.

Penalties Vehicle Code § 42000 et seq.

Streets, Sidewalks and Public Places

Improvement Act of 1911 Streets and Highways Code § 5000 et seq.

Construction of sidewalks and curbs Streets and Highways Code § 5870 et seq.

Underground utility districts Streets and Highways Code § 5896.1 et seq.

Obstructions and encroachments on public ways Government Code § 38775

Municipal parks Public Resources Code § 5181 et seq.

Tree Planting Act of 1931 Streets and Highways Code § 22000 et seq.

Landscaping and Lighting Act of 1972 Streets and Highways Code § 22500 et seq.

Charitable solicitations Business and Professions Code § 17510 et seq.

Advertising displays Business and Professions Code § 5229 et seq.

Public Services

Municipal water systems Government Code § 38730 et seq.

Municipal sewers Government Code § 38900 et seq. and Health and Safety Code § 5470 et seq.

Water wells Water Code § 13700 et seq.

Buildings and Construction

Authority to regulate buildings and construction Government Code §§ 38601 and 38660

State Housing Law Health and Safety Code § 17910 et seq.

Adoption of construction codes Health and Safety Code §§ 17922 and 17958

California Building Standards Law Health and Safety Code § 18901 et seq.

Mobilehome Parks Act Health and Safety Code § 18200 et seq.

Signs Government Code §§ 38774 and 65850; Business and Professions Code § 5200 et seq.

Inspection warrants Code of Civil Procedure § 1822.50 et seq.

Development fees Government Code § 66000 et seq.

Subdivisions

Subdivision Map Act Government Code § 66410 et seq.

Zoning

Planning and Zoning Law Government Code § 65000 et seq.

Local authority to regulate land use Government Code § 65850

Local zoning administration Government Code § 65900 et seq.

Open-space zoning Government Code § 65910 et seq.

Family day care homes Health and Safety Code § 1597.30 et seq.

Environmental Protection

California Environmental Quality Act Public Resources Code § 21000 et seq.

California Noise Control Act of 1973 Health and Safety Code § 46000 et seq.

PRIOR CODE CROSS-REFERENCE TABLE

This table provides users with the current disposition of the sections in the prior Orange Cove municipal code.

Thus, prior code Section 1-102 currently appears in this code as Section 1.04.010.

The legislative history information was derived from the Ordinance Code of the City of Orange Cove, California, published by authority of the city council of Orange Cove, California, effective 1977.

Prior Herein Code §

1-101 Not codified

1-102 1.04.010

1-103 1.04.030

1-104 1.04.040

1-105 1.24.010

1-106 1.04.050

1-107-1 1.20.010

1-107-2 1.20.020

1-107-3 1.20.020

1-107-4 1.20.030

1-107-5 1.20.040

1-107-6 1.20.050

1-108 1.20.060

1-109 1.20.070

1-110 1.04.060

1-111 1.04.070

1-112 1.04.080

1-113-1 1.08.010

1-113-2 1.08.010

1-113-3 1.08.020

1-201—1-209 1.04.020

2-101 2.04.010

2-102 2.04.020

2-103 2.04.030

2-104 2.04.040

2-105 2.04.050

2-106 2.04.060

2-107 2.04.070

2-201 2.44.010

2-202 2.44.020

2-203 2.44.030

2-204 2.44.040

2-301 2.40.010

2-302 2.40.020

2-303 2.40.030

2-304 2.40.040

2-305 2.40.050

2-306 2.40.060

2-307 2.40.070

2-308 2.40.080

2-309 2.40.090

2-310 2.40.100

2-311 2.40.110

2-312 2.40.120

2-313 2.40.130

2-314 2.40.140

2-314.1 2.40.150

2-315 2.40.160

2-316 2.40.170

2-401 2.28.010

2-402 2.28.020

2-403 2.28.030

2-404 2.28.040

2-405 2.28.050

2-406 2.28.060

2-407 2.28.070

2-408 2.28.080

2-409 2.28.090

2-410 2.28.100

2-411 Special

2-701 2.24.010

2-702 2.24.020

2-703 2.24.030

2-704 2.24.040

2-705 2.24.050

2-706 2.24.060

2-707 2.24.070

2-708 2.24.080

2-709 2.24.090

2-801 2.20.010

2-802 2.20.020

2-803 2.20.030

2-804 2.20.040

2-805 2.20.050

2-806 2.20.060

2-901 1.16.010

2-902 2.36.010

2-1000 2.08.010

2-1001 2.08.020

2-1002 2.08.030

2-1003 2.08.040

2-1004 2.08.050

2-1005 2.08.060

2-1006 2.08.070

2-1007 2.08.080

2-1008 2.08.090

2-1100 2.16.010

2-1101 2.16.020

2-1102 Number not used

2-1103 2.16.030

2-1104 2.16.040

2-1105 2.32.010

3-101 3.08.010

3-102 3.08.020

3-103 3.08.030

3-104 3.08.040

3-105 3.08.050

3-106 3.08.060

3-107 3.08.070

3-108 3.08.080

3-109 3.08.090

3-110 3.08.100

4-101 3.24.010

4-201 3.04.010

4-301 3.12.010

4-302 3.12.020

4-303 3.12.030

4-304 3.12.040

4-305 3.12.050

4-306 3.12.060

4-307 3.12.070

4-307.1 3.12.080

4-307.2 3.12.090

4-307.3 3.12.100

4-307.4 3.12.110

4-308 3.12.120

4-309 Repealed by 268

4-501 3.16.010

4-502 3.16.050

4-503 3.16.060

4-504 3.16.020

4-505 3.16.070

4-506 3.16.030

4-507 3.16.080

4-508 3.16.040

4-509 3.16.090

4-510 3.16.100

4-511 3.16.110

4-512 3.16.120

4-513 Repealed by 242

4-514 Repealed by 268

4-515 3.16.130

4-516 3.16.140

accepting the requirements of the penal code relating to the training of law enforcement officers and providing for the enactment, publication and effective date thereof

331  9- 9-2009 An ordinance of 1 2.08.010— the City Council Rpld 2.08-090 of the City of Orange Cove amending Title 2 of the City of Orange Cove replacing Chapter 2.08 providing for the office of City Manager and providing for the enactment, publication and effective date thereof

332 10-14-2009 An ordinance of 1 2.16.010— the City Council Rpld 2.16.040 of the City of Orange Cove amending Chapter 2.16 of Title 2 of the Municipal Code regarding the re- establishment of the Orange Cove Police Department and providing for the enactment, publication and effective date thereof

333 10-27-2009 An ordinance of 1 10.08.010 the City Council Rpld — of the City 10.08.160 Orange Cove amending the City of Orange Cove Municipal Code, Title 10 by addition of Chapter 10.23 establishing policies, rules and regulations and procedures governing abandoned,

wrecked, dismantled, or inoperative vehicles and providing for the enactment, publication by posting and effective date thereof

the City Council Rpld 6.04.061 of the City of Orange Cove amending Chapter 6.04 of Title 6 of the Municipal Code, regarding vicious dogs and establishment of effective date

6.04.060, Added 6.04.061

335 10-27-2009 An ordinance of 1 9.04.040 the City Council of the City of Orange Cove, California amending Title 9 of the Orange Cove Municipal Code Section

Added 9.09.190

337 12- 9-2009 An ordinance of I Ch. 12.08, the City Council Rpld §§ of the City of 12.08.010 Orange Cove — amending 12.08.080 Chapter 12.08 of Title 12 of the Municipal Code and providing for penalties for violation thereof and establishing an effective date

Ch. 12.08,
Added §§

338  1-27-2010 An ordinance of I Ch. 10.04, the City Council Rpld §§ of the City of 10.04.010 Orange Cove — amending 10.04.100 Chapter 10.04 of Title 10 of the Municipal Code in providing for penalties for violation thereof and establishing an effective date

Ch. 10.32,
Added §§

339  2-10-2010 An ordinance of I Ch. 8.70, the City Council Added §§ of the City of 8.70.010— Orange Cove 8.70.040 amending the Orange Cove Municipal Code by addition of Chapter 8.70 regarding medical marijuana dispensaries and providing for the enactment, publication, and effective date thereof

340  2-24-2010 An ordinance of I 2.04.010 the City Council of the City of Orange Cove amending Title 2 of the City of Orange Cove Chapter 2.04 regarding the start time for regular council meetings and providing for the enactment, publication and effective date thereof

341  3-29-2010 An ordinance of I 15.04.010 the City Council

of the City of Orange Cove amending Chapter

Title 15 of the Municipal Code regarding California building codes and the establishment of an effective date

342  7-14-2010 An ordinance of I Ch. 5.40, the Council of Added §§ the City of 5.40.010— Orange Cove 5.40.090 adding Chapter

355  9-28-2011 An ordinance of 1 17.48.130 the City of Orange Cove amending Sections 17.48.130; 17.48.200; and,

Orange Cove Municipal Code relating to flood hazard areas

2 17.48.200

3 17.48.230

356  1-25-2012 An ordinance of Omitted the City Council of the City of Orange Cove amending the Official Zone Map: Zoning Amendment 2011-03 (City of Orange Cove)

357  1-25-2012 An ordinance of Omitted the City Council of the City of Orange Cove amending the Official Zone Map: Zoning Amendment No. 2011-02 (Tapia)

358  1-25-2012 An ordinance of Omitted the City Council of the City of Orange Cove amending the Official Zone Map: Zoning Amendment No. 2011-01 (Trevino)

359  2-22-2012 An ordinance of 2 (Exh. 2.20.060 the City Council A) of the City of Rpld Orange Cove amending the Orange Cove Municipal Code relating to site

plan review and review of planning commission action

360  3-28-2012 An ordinance of Omitted the City Council of the City of Orange Cove amending the Official Zone Map: Zoning Amendment No. 2012-01 (Boos Development West, LLC)

361  6-13-2012 An ordinance of 2 17.04.1445 the City Council Added of the City of Orange Cove

amending the zoning ordinance regarding recycling collection facilities and recycling facilities

3 17.04.1446
Added

4 17.28.030

5 17.30.030

6 17.32.030

7 17.34.020

362 10-10-2012 An emergency 1 17.34.030 ordinance of the City of Orange Cove amending sections

Title 17 and adding Chapter

2 Ch. 6.04, Added §§

Ch. 6.12, Added §§

Ch. 6.16, Added §§

Ch. 6.20, Added §§

Ch. 6.24, Added §§

Ch. 6.28, Added §§

Ch. 6.32, Added §§

371  4- 8-2015 An ordinance of 1 2.08.050 the City of Orange Cove

amending Section

and repealing Sections

employment of Chapter 2.08 city manager of Title 2 administration and personnel

2 2.08.080,
Rpld 2.08.090

372  4- 8-2015 An ordinance of 1 13.17.030B the City of Orange Cove amending Sections 13.17.030, 13.17.080, and

water supply and water shortage, and adding Section

level 2 water supply shortage) to Chapter 13.17 of Title 13 pertaining to public services

2 13.17.075
Added

3 13.17.080

4 13.17.090

373 10-15-2015 An ordinance of 1 Ch. 17.22, the City of Rpld §§ Orange Cove 17.22.010 deleting — Chapters 17.22 17.22.370 R-M/H residential manufactured home district,

4 17.10.030

5 17.12.030

6 17.18.020

7 17.20.020

8 17.32.030

9 17.62.060

10 Ch. 17.19,
Added §§

11 Ch. 17.33, Added §§

374 10-28-2015 An ordinance of 1 Ch. 1.18, the City of Rpld §§ Orange Cove 1.18.010— repealing 1.18.140 Chapter 1.18 of Title 1 of the Orange Cove Municipal Code and adding new Chapter 1.18 to Title 1 pertaining to code enforcement procedures

2 Ch. 1.18,
Added §§

375 10-28-2015 An ordinance of 1 Ch. 1.20, the City of Rpld §§ Orange Cove 1.20.010— repealing 1.20.050 Chapter 1.20 of Title 1 of the Orange Cove Municipal Code and adding new Chapter 1.20 to Title 1 pertaining to cost recovery for code enforcement

2 Ch. 1.20,
Added §§

376 10-28-2015 An ordinance of 1, 2 1.18.080, the City of Rpld 1.18.110, Orange Cove 1.18.130 adding Chapter

administrative hearing procedures

3 Ch. 1.28,
Added §§

377 10-28-2015 An ordinance of 1 Ch. 15.17, the City of Rpld §§ Orange Cove 15.17.010 amending — Chapter 15.17 15.17.140 of Title 15 of the Orange Cove Municipal Code relating to substandard housing, unsafe structures, and unsafe use of property— nuisances

2 Ch. 15.17,
Added §§

378  3-23-2016 An ordinance of I Ch. 5.34, the City Council Added §§ of the City of 5.34.010— Orange Cove 5.34.160 amending Title 5, by the addition of Chapter 5.34 regarding use

and sale of fireworks

379  4-27-2016 Amending the Omitted official zone map: Zoning Amendment No. 2016-01, including approval of mitigated negative declaration related to AMG and associates project.

380  8-24-2016 Amending Title 1 17.16.010 17 pertaining to Rpld — zoning. Chapter 17.16.110

386  6-24-2019 Adding Chapter 1 8.21.010—

388  2-26-2019 Adopting the 2 13.18.010, State Model Added 13.18.020 Water Efficient Landscape Ordinance and adding Chapter

8.21.100, Rnbd 8.21.110

as 8.21.120,