Chapter 23.46 — MARIJUANA CULTIVATION

§ 23.46.010. Purpose. ¶

The city council of the city of Placentia hereby finds and determines that it is the purpose and intent of this chapter to prohibit marijuana related use and activity, in order to promote the health, safety, and general welfare of the residents and the businesses within the city by maintaining local control over the ability to authorize and regulate marijuana-related uses and activities, including marijuana businesses engaged in prohibited marijuana use and activity.

(Ord. O-2016-01 § 2, 2016; Ord. O-2016-09 § 2, 2016; Ord. O-2017-03 § 3, 2017)

§ 23.46.020. Applicability. ¶

(a) Nothing in this chapter is intended, nor shall it be construed, to burden any defense to criminal prosecution under the CUA.
(b) All the provisions of this chapter shall apply to all property, public and private, within the city.

(Ord. O-2016-01 § 2, 2016)

§ 23.46.030. Definitions. ¶

The following definitions apply to this chapter:

“Marijuana” shall have the same definition as that set forth in Chapter 8.42 of the Placentia Municipal Code.

“Marijuana business” shall have the same definition as that set forth in Chapter 8.42 of the Placentia Municipal Code.

“Marijuana cultivation” shall have the same definition as that set forth for “cultivation” in Chapter 8.42 of the Placentia Municipal Code.

“Marijuana-related use and activity” means dispensing, cultivation, possession, manufacture, processing, storing, testing, labeling, relabeling, packaging, repackaging, transporting, delivery, distribution, provision, or sale, or any combination thereof, of marijuana, whether related to marijuana business, for personal use or otherwise, and as otherwise defined in Chapter 8.42 of the Placentia Municipal Code.

“Person” shall have the same definition as that set forth in Chapter 8.42 of the Placentia Municipal Code.

(Ord. O-2016-01 § 2, 2016; Ord. O-2016-09 § 2, 2016; Ord. O-2017-03 § 3, 2017)

§ 23.46.040. Marijuana-related use and activity prohibited. ¶

Marijuana-related uses and activities shall be prohibited on all parcels in the city. (Ord. O-2016-01 § 2, 2016; Ord. O-2016-09 § 2, 2016; Ord. O-2017-03 § 3, 2017)

§ 23.46.050. Declaration of public nuisance. ¶

Any use, structure, or property that is altered, enlarged, erected, established, maintained, moved, or operated contrary to the provisions of this chapter, is hereby declared to be unlawful and a public nuisance and may be abated by the city through civil, criminal, and/or administrative proceedings by means of a restraining order, preliminary or permanent injunction, or in any other manner provided by law for the abatement of such nuisances. (Ord. O-2016-01 § 2, 2016)

§ 23.46.060. Violations. ¶

(a) Violations of this chapter shall be punishable pursuant to Chapter 1.08 of the city of Placentia Municipal Code.
(b) The remedies set forth pursuant to this section shall be in addition to any other existing remedies for violations of the municipal code, including, but not limited to, any action at law or equity.
(Ord. O-2016-01 § 2, 2016; Ord. O-2016-09 § 2, 2016; Ord. O-2017-03 § 3, 2017)