Chapter 6.57

• A. It is the intent of the city to encourage responsible personal cannabis cultivation and to discourage violations of related state laws, especially those that prohibit the sale, use, or distribution of cannabis and cannabis products to minors. It is not the intent of the city to expand, reduce, or alter the penalties for violations of state cannabis laws.

• B. The city finds and declares that the outdoor cultivation of cannabis can adversely affect the health, safety, and well-being of city residents by increasing the risks of criminal activity, degradation of the natural environment, and malodorous smells that may result from such activities.

• C. This chapter is not intended to conflict with federal or state law, nor is this chapter intended to answer or invite litigation over the unresolved legal questions posed by the existing conflict between state and federal law regarding the legality of cannabis. It is the intention of the city council that this chapter be interpreted to be compatible with existing federal and state enactments and in furtherance of the public purposes that those enactments encompass.

• (Ord. 806 § 2 (part), 2017)

• A. "Cannabis" means all parts of the plant Cannabis sativa Linnaeus, Cannabis indica, or Cannabis ruderalis, whether growing or not; the seeds thereof; the resin, whether crude or purified, extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin. "Cannabis" also means the separated resin, whether crude or purified, obtained from cannabis. "Cannabis" does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination. "Cannabis" does not mean "industrial hemp" as defined by Section 11018.5 of the Health and Safety Code.

• B. "Cannabis for personal use" means the use or possession of cannabis that does not require a license pursuant to Chapter 1 of Division 10 of the Business and Professions Code.

• C. "Cannabis product" means cannabis that has undergone a process whereby the plant material has been transformed into a concentrate, including, but not limited to, concentrated cannabis, or an edible or topical product containing cannabis or concentrated cannabis and other ingredients.

• D. "Citation" or "administrative citation" means a civil citation issued pursuant to this chapter stating that there has been a violation of one or more provisions of the PMC and setting the amount of the administrative penalty to be paid by the responsible party.

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

• F. "Cultivation site" means the location where cannabis is planted, grown, harvested, dried,

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City of Patterson, CA

PATTERSON CODE

§ 6.57.020

§ 6.57.030

cured, graded, or trimmed, or a location where any combination of those activities occurs.

• G. "Days" means calendar days.

• H. "Day care" means a facility, center, or home requiring a license that is issued by the state of California which provides for the care, health, safety, supervision, or guidance of a child's social, emotional, and educational growth on a regular basis, in a place other than the child's own home, or any facility meeting the definition of Section 1596.76 of the Health and Safety Code.

• I. "Group home" means any community care facility regulated and licensed by a federal or state agency. Unlicensed community care facilities or those community care facilities, the regulation of which is not otherwise preempted by state or federal law, shall not constitute group homes.

• J. "Indoor cultivation" means the cultivation of cannabis for personal use within a fully enclosed and secure structure that has a complete roof in which cannabis plants cannot be seen from any public right-of-way. Indoor cultivation does not include any commercial cannabis activity.

• K. "Manufacture" means to compound, blend, extract, infuse, or otherwise make or prepare a cannabis product.

• L. "Outdoor cultivation" means the cultivation of cannabis that does not meet the definition of indoor cultivation.

• M. "Private residence" means a house, an apartment unit, a mobile home, or other similar dwelling.

• N. "Primary caregiver" has the same meaning as that term is defined by Section 11362.7 of the Health and Safety Code.

• O. "Public official" means the building official, code enforcement officer, sheriff or designees, or any other individual or body appointed by the city council to enforce codes and which is authorized to administer this chapter.

• P. "Qualified patient" has the same meaning as that term is defined by Section 11362.7 of the Health and Safety Code.

• Q. "Responsible party" means an individual, association, co-partnership, political subdivision, government agency, municipality, industry, public or private corporation, firm, organization, partnership, joint venture or any other entity whatsoever whose action or actions caused or contributed to violations of codes specified in this chapter.

• R. "Year" means three hundred sixty-five days.

• S. "Youth center" means any public or private facility that is primarily used to host recreational or social activities for minors, including, but not limited to, private youth membership organizations or clubs, social service teenage club facilities, video arcades, or similar amusement park facilities.

• (Ord. 806 § 2 (part), 2017; Ord. 838 § 1, 2020)

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City of Patterson, CA

HEALTH AND SAFETY

§ 6.57.030

§ 6.57.050

• A. Outdoor cultivation for personal use is prohibited within the city.

• B. All indoor cultivation is prohibited within the city unless a person first secures an administrative cultivation permit from the community development department.

• (Ord. 806 § 2 (part), 2017)

• A. An applicant shall be at least twenty-one years of age.

• B. The administrative cultivation permit application shall require all of the following:

  1. Written consent signed by the property owner or legal tenant of the intended cultivation site.

  2. Identification of any chemicals, fertilizers, or pesticides that will be used for indoor cultivation. This information shall be used to aid public safety officials in case of an emergency response to the location.

• C. An applicant shall pay a nonrefundable administrative cultivation permit application fee as established by resolution of the city council.

• D. Within sixty calendar days of receipt of a complete application, the city shall provide written notification to the applicant indicating whether the application has been approved or denied and the reason for denial, if any.

• E. In their application, an applicant may provide information to verify their status as a qualified patient or primary caregiver.

• (Ord. 806 § 2 (part), 2017)

• A. A person shall be limited to a maximum of one administrative cultivation permit at a time.

• B. An administrative cultivation permit is not transferable. The administrative cultivation permit shall only be used by the permittee to whom it is issued.

• C. An administrative cultivation permit shall expire one year from the date of approval and may be renewed annually.

• D. A private residence shall not include more than one cultivation site.

• E. A person shall not cultivate more than six cannabis plants at a private residence. All cannabis plants and anything produced by the plants shall be kept within the permit holder's private residence and not be visible by normal unaided vision from a public place.

• F. A private residence shall not also be used for a day care, youth center, or group home. The private residence shall remain occupied and is required to maintain a functioning kitchen and bathroom.

• G. Each of the following shall apply to the cultivation site:

  1. The cultivation site shall be located within the private residence.

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City of Patterson, CA § 6.57.050

PATTERSON CODE

§ 6.57.080

2. Greenhouses are prohibited.

3. To prevent safety hazards, the private residence shall not have plumbing, electrical, or other utilities that violate applicable local or state regulations.

4. To prevent persons under twenty-one years of age from entering the cultivation site, the cultivation site shall have one lockable door.

5. The cultivation site shall not produce odors, sounds, or other emissions that are detectable outside of the private residence by persons with reasonable sensitivity.

• H. All of the following shall be prohibited in the cultivation site:

  1. Volatile solvents including, but not limited to, explosive gases, such as butane, propane, xylene, styrene, gasoline, or kerosene.

  2. Dangerous poisons, toxins, or carcinogens, such as methanol, isopropyl alcohol, methylene chloride, acetone, benzene, toluene, and trichloroethylene, unless evidence of a current license to operate such solvents is provided.

  3. Generators or gas products used to power electrical or lighting fixtures or equipment.

• I. Multiple administrative cultivation permit holders may cultivate marijuana at the same private residence; however, the private residence shall not include more than one cultivation site or more than a total of six plants at one time.

• J. Each applicant shall pass an inspection of their cultivation site by a city building inspector to ensure that the private residence meets the requirements of this section and does not pose a health or safety risk to the applicant or public. If the inspection is denied, the applicant will have ten calendar days to have the cultivation site reinspected.

• (Ord. 806 § 2 (part), 2017)

• A. An administrative cultivation permit may be renewed within no sooner than sixty days of expiration.

• B. The administrative cultivation permit holder shall pass a reinspection of the cultivation site by the community development department.

• C. Renewal of an administrative cultivation permit is subject to a renewal fee as approved by resolution by the city council.

• (Ord. 806 § 2 (part), 2017)

• A. The city may suspend or terminate an administrative cultivation permit at any time for failure to comply with this chapter or any local or state law or regulation. A person's continued indoor cultivation upon suspension, termination, or expiration of that person's administrative cultivation permit shall be a violation of this chapter.

• B. A person may appeal any suspension or termination of an administrative cultivation permit pursuant to Section 6.57.100, Appeals.

• (Ord. 806 § 2 (part), 2017)

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City of Patterson, CA

HEALTH AND SAFETY

§ 6.57.080

§ 6.57.090

• A. Application for Administrative Cultivation Permit in a New Private Residence. An administrative cultivation permit holder may apply for an administrative cultivation permit for a private residence other than the private residence specified on the existing permit. If the application is approved, the former administrative cultivation permit shall be immediately null and void. If the application is denied, the existing administrative cultivation permit shall continue under its applicable terms and conditions. If the applicant appeals a denial of the application, the existing administrative cultivation permit shall continue under its applicable terms and conditions.

• B. Application for a Different Cultivation Site within the Same Private Residence. If a current administrative cultivation permit holder applies for an administrative cultivation permit for the private residence on the existing permit but for a cultivation site other than the one specified on the existing permit, the existing permit will terminate upon approval of the application.

• C. Application for the Same Cultivation Site in Same Private Residence.

  1. If an additional person applies for an administrative cultivation permit for the same cultivation site within the same private residence of a current administrative cultivation permit holder, a permit shall not be issued if the existing permit has been terminated or suspended. If the administrative cultivation permit is approved for the additional applicant, the total number of cannabis plants within a single private residence shall be limited to six. In no event shall the number of cannabis plants exceed six.

  2. An additional administrative cultivation permit for the same cultivation site shall only be issued if all administrative cultivation permits related to that cultivation site are in good standing with the city.

• (Ord. 806 § 2 (part), 2017)

• A. In addition to any other enforcement permitted by this chapter, any use or condition caused, or permitted to exist, in violation of any provision of this chapter shall be, and hereby is declared to be, a public nuisance and may be summarily abated by the city pursuant to Section 731 of the Code of Civil Procedure or any other remedy available to the city.

• B. In addition to any other enforcement permitted by this chapter, the city attorney may bring a civil action for injunctive relief and civil penalties against any person or entity that violates this chapter. In any civil action brought pursuant to this chapter, a court of competent jurisdiction may award reasonable attorneys' fees and costs to the prevailing party.

• C. In addition to any other enforcement permitted by this chapter, violations of this chapter shall be subject to an administrative penalty. Any responsible party violating any provision of this chapter may be issued an administrative citation by a public official in accordance with this chapter. The administrative citation penalty for each and every cannabis plant cultivated in violation of this chapter shall be: (1) one thousand dollars per plant; plus (2) one hundred dollars per plant per day that the plant remains uncorrected past the deadline set forth in the administrative citation.

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City of Patterson, CA

PATTERSON CODE

§ 6.57.090

§ 6.57.110

• D. Notwithstanding the other provisions of this section, the city may immediately assess fines for violations of the city's building, plumbing, electrical, or other similar structural, health and safety, or zoning requirements if the violation exists as a result of, or to facilitate, the cultivation of cannabis, without first providing an opportunity to correct the violation, unless any of the following are true:

  1. A tenant is in possession of the property that is the subject of the administrative action;

  2. The rental property owner or agent can provide evidence that the rental or lease agreement prohibits the cultivation of cannabis; or

  3. The rental property owner or agent did not know the tenant was illegally cultivating cannabis and no complaint, property inspection, or other information caused the rental property owner or agent to have actual notice of the illegal cannabis cultivation.

• E. Each and every day a violation of the provisions of this chapter exists constitutes a separate and distinct offense and shall be subject to citation.

• F. Neither imposition nor payment of an administrative penalty shall relieve the responsible party from their obligation to correct the violation, nor shall it bar further enforcement action.

• (Ord. 806 § 2 (part), 2017; Ord. 838 § 1, 2020)

• A. Any permit applicant may appeal any adverse action taken under this chapter to the city council.

• B. Any responsible party disputing the issuance of an administrative citation may appeal the issuance of the administrative citation to the city council.

• C. All appeals taken under this chapter must be taken within thirty days after the adverse action by filing with the office of the city clerk a written notice of appeal specifying the grounds thereof. An appeal shall be accompanied by a nonrefundable filing fee, as established by resolution adopted by the city council from time to time.

• D. The city clerk, upon the filing of such appeal and payment of an appeal fee, shall place the matter upon the agenda for the next regular meeting of the city council occurring not earlier than five days after the filing of the appeal and shall notify the appellant by letter of the meeting date and place at which the appeal will be heard.

• E. The time requirement for appealing the issuance of an administrative citation under this chapter shall be deemed jurisdictional and may not be waived. If no timely appeal is filed, the administrative citation and fee set forth therein is final. The failure of a responsible party to file a timely appeal and/or appear at the administrative citation hearing shall be deemed a failure to exhaust administrative remedies.

• (Ord. 806 § 2 (part), 2017; Ord. 838 § 1, 2020)

• A. The city shall be entitled to recover its abatement and enforcement costs incurred in obtaining compliance with this chapter. Costs incurred by the city are recoverable even if a

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City of Patterson, CA

HEALTH AND SAFETY

§ 6.57.110

§ 6.57.110

public nuisance, municipal code, or other violation of law is corrected by the property owner or other responsible party.

• B. The cost of abating a public nuisance or enforcing this chapter, including the amount of any unpaid administrative penalty, shall either be a special assessment and lien on the subject property, any real property owned by the responsible party within the city, or the personal obligation of the owner of the subject property or the responsible party. If there is more than one responsible party, each party shall be jointly and severally liable for the costs.

• C. In the event the responsible party fails to pay the administrative penalty when due, the city may take any action permitted by law or ordinance to collect the unpaid penalty, which shall accrue interest at the legal rate of judgment interest in the state of California, commencing thirty days after the administrative penalty becomes due and continuing until paid, including any action permitted for enforcement of a civil money judgment pursuant to the Enforcement of Law, California Code of Civil Procedure Section 680.010 et seq.

• D. The city may withhold issuance of licenses, permits and other entitlements for any property whenever an administrative penalty resulting from a code violation on that property remains unpaid or the owner of the property has outstanding, unpaid administrative penalties for violations of the code.

• E. In the event a civil action is commenced to collect the administrative penalty, the city shall be entitled to recover all costs associated with the enforcement, investigation, establishment and collection of the penalty. Costs include, but are not limited to, staff time and costs incurred in the enforcement, investigation, establishment and the collection or processing of the penalty and those costs set forth in Code of Civil Procedure Section 685.010 et seq., and attorneys' fees pursuant to California Code of Civil Procedure Section 1033.5(a)(10).

• F. For purposes of this chapter, the following additional definitions shall apply:

  1. "Abatement costs" include the actual and reasonable costs incurred by the city to abate a public nuisance. These costs include all direct and indirect costs to the city that result from the total abatement action, including, but not limited to, investigation costs, costs to enforce the PMC and any applicable state or county law, clerical and administrative costs to process paperwork, costs incurred to provide notices and prepare for and conduct administrative appeal hearings, and costs to conduct actual abatement of the nuisance. Costs include personnel costs, administrative overhead, costs for equipment such as cameras and vehicles, staff time to hire a contractor, and reasonable attorneys' fees incurred by city.

  2. "Enforcement costs" include all actual and reasonable costs incurred by the city to enforce compliance with the PMC and any applicable state, county, or city public health and safety law that are not included within abatement costs. Enforcement costs shall also include, but are not limited to, costs of fringe benefits for personnel, administrative overhead, costs of equipment, costs of materials, costs related to investigations, costs related to issuing and defending administrative or court citations, costs incurred investigating and abating violations of the municipal code or state or county law violations, and reasonable attorneys' fees related to these activities.

  3. "Responsible party" means a person or entity responsible for creating, causing, committing, or maintaining the violation of this chapter or state or county law.

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City of Patterson, CA

PATTERSON CODE

§ 6.57.110

§ 6.57.120

4. "Subject property" means the real property that is the subject of any abatement or enforcement action by the city for which the city incurred costs and seeks recovery under this chapter.

• (Ord. 806 § 2 (part), 2017; Ord. 838 § 1, 2020)

If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this chapter, or any part thereof, is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portion of this chapter or any part thereof. The city council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof, irrespective of the fact that any one or more section, subsection, subdivision, paragraph, sentence, clause or phrase be declared unconstitutional. (Ord. 806 § 2 (part), 2017; Ord. 838 § 1, 2020)

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City of Patterson, CA

HEALTH AND SAFETY

§ 6.58.010

§ 6.58.020