Pomona Municipal Code § 34-904 Violations

For purposes of this article, the following definitions shall apply:

Accessory structure shall mean a fully enclosed, lawful structure that is physically detached from, and secondary and incidental to, the existing primary structure of a private residence, as that term is defined herein.

California Adult Use of Marijuana Act shall mean and refer to the provisions of California law added by Proposition 64, approved by California voters at the election occurring on November 8, 2016.

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, or the weight of any other ingredient combined with cannabis to prepare topical or oral administrations, food, drink, or other product. The terms "marijuana" and "cannabis" shall be synonymous and have the same meaning.

Cannabis products shall mean 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.

City shall mean the City of Pomona.

Code shall mean the Pomona City Code, including all laws, ordinances, and regulations adopted and incorporated therein.

Commercial cannabis activity shall mean the cultivation, possession, manufacture, distribution, processing, storing, laboratory testing, packaging, labeling, transportation, distribution, delivery or sale of cannabis and cannabis products, whether the cannabis or cannabis products is for medical or recreational purposes. Commercial cannabis activity is meant to include all cannabis related activities for which a state license is required, pursuant to applicable state laws, as they may be amended from time to time.

Cultivation shall mean any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of cannabis.

Delivery shall mean the transfer of cannabis, including the use of any technology platform to arrange for or facilitate the transfer of cannabis, by any business, cooperative, or collective, whether or not carried on for profit, to or from any location within the city.

Electronic smoking device means an electronic or battery-operated device, the use of which may resemble smoking, which can be used to deliver an inhaled dose of marijuana, hashish, honey oil, cannabis infused wax, nicotine or other substances, whether as a vapor or a gas. Electronic smoking device includes, but is not limited to, any such device, whether manufactured, distributed, or sold as an electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, electronic hookah, or any other product name or descriptor. Electronic smoking device does not include any product specifically approved by the United States Food and Drug Administration for use in the mitigation, treatment, or prevention of disease.

Indoor shall mean entirely within and inside a lawfully existing private residence, residential structure, or accessory structure.

Marijuana products shall mean marijuana that has undergone a process whereby marijuana plant material has been transformed into a derivative product or concentrate, including, but not limited to, concentrated cannabis, or an edible or topical product containing marijuana or concentrated cannabis and other ingredients.

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

Outdoor shall mean any location within the city that is not within a lawfully existing fully enclosed structure.

Permittee shall mean any real person having been issued and maintaining a valid personal cultivation permit under this article.

Personal cultivation permit or permit shall mean and refer to the permit issued by the city under this article authorizing permittees to possess, plant, cultivate, harvest, dry, and process cannabis produced by the plants inside a private residence, or inside an accessory structure to a private residence located upon the grounds of a private residence.

Private residence shall mean a legally existing house, an apartment unit, a mobile home, or other similar dwelling, and inclusive of any rooms, garages, or structures physically attached thereto. A lawful accessory structure located on the same parcel as a private residence shall be considered a part of that private residence.

Smoke means the gases, particles, or vapors released into the air as a result of combustion, electrical ignition, or vaporization, when the apparent or usual purpose of the combustion, electrical ignition, or vaporization is human inhalation of the byproducts.

Smoking means engaging in the act that generates smoke, such as, but not limited to: (a) possessing a lighted pipe, bong, carb, hookah pipe, cigar, joint, blunt, or a lighted cigarette of any kind; (b) operating an electronic smoking device; or (c) lighting or igniting a hookah pipe, a cigar, an electronic smoking device, a bong, a carb, a joint, a blunt, a pipe, or a cigarette of any kind.

(Ord. No. 4242, § 4, 11-6-2017)

Outdoor cultivation. The outdoor cultivation of cannabis is expressly prohibited.

(Ord. No. 4242, § 4, 11-6-2017; Ord. No. 4287, § 4, 3-16-2020)

(a) Purpose and intent. It is the purpose and intent of this section to enact and enforce reasonable regulations to reasonably regulate the ability of an individual 21 years of age or older to possess, plant, cultivate, harvest, dry, or process, for personal, noncommercial use, not more than six cannabis plants indoors and to possess the cannabis produced by the plants, all in accordance with the Adult Use of Marijuana Act of 2016 and, specifically, Sections 11362.1 and 11362.2 of the Health and Safety Code. The cultivation of cannabis for personal noncommercial and recreational use may only take place in accordance with this article.

(b) Indoor personal cultivation; permit required. It shall be unlawful for any person to plant, cultivate, harvest, dry, or process cannabis, cannabis plants, or the cannabis produced by the plants inside a private residence, or inside an accessory structure to a private residence located upon the grounds of a private residence, without first obtaining and maintaining a valid indoor personal cultivation permit under this article.

(c) Indoor personal cultivation permit.

(1) Application. Every person required to have a personal cultivation permit under this article shall make an application therefor, in a form prescribed by the development services director of the city. Such application shall include the written permission, including notarized signatures, of the legal owner(s) consenting to the indoor personal cultivation of cannabis on the private residence. Upon the payment of the fee established by resolution or ordinance of the city council, and upon determination that none of the grounds for denial as specified in section 34-902(g)(1) exist, the development services director shall issue to such person a permit which shall contain:

a. The name of the person to whom the permit is issued.

b. The permit number issued.

c. The address of the private residence for which the permit has been issued.

d. The date of expiration of such permit.

e. Any conditions imposed by the city, if in addition to those proscribed in this article.

f. If the private residence is leased or rented private residence to the permittee, the name of the property owner(s) whom gave the express, written consent for the cannabis cultivation activities pursuant to this article.

g. Such other information as may be deemed necessary to process the application for permit (e.g., diagram, etc.).

(2) No more than one permit per private residence unit shall be issued and maintained at any one time, regardless of the number of persons dwelling or residing in the private residence unit or upon the grounds thereof. Each legal residential unit on a lot containing more than one legal residential unit shall be considered a separate grounds of a residential unit for purposes of this article.

(3) Due to the privacy concerns associated with the use and cultivation of cannabis outweighing the public benefit in disclosure of information contained in application for cultivation permits, such application and permit and the personal information contained therein (including address) shall not be considered a disclosable public record.

(d) Indoor personal cultivation regulations.

(1) Permittees issued a personal cultivation permit under this article shall, at all times, conduct the activities authorized by said permit in strict accordance with the requirements of this section, article, the California Adult Use of Marijuana Act, and all other applicable state law in California, whichever is more restrictive, as well as any conditions of approval imposed by the city.

a. All planting, cultivation, harvesting, drying, and processing (or similar actions) of cannabis plants, and the cannabis produced by the plants, shall be conducted entirely within the interior of a private residence or accessory structure.

b. The residential structure shall remain at all times a residence, with legal and functioning cooking, sleeping, and sanitation facilities with proper ingress and egress. Kitchens, bathrooms or primary bedrooms of a residence shall not be used for cannabis cultivation where such cultivation will prevent their primary use for cooking of meals, sleeping and bathing.

c. Cultivation of cannabis shall not displace required off-street parking.

d. No permittee shall exercise or engage in any of the activities authorized by a personal cultivation permit, or otherwise engage in the planting, cultivation, harvesting, drying, and processing or cannabis plants, and the cannabis produced by the plants, except upon the grounds of a private residence of which the permittee is owner of the private residence, or a lawful, permanent resident of the residence who entered into a written lease agreement with the owner of the premises. For purposes of this paragraph, a lawful, permanent resident shall mean any permittee who, as of a given date, obtained the lawful right to occupy the private residence for more than 30 consecutive days.

e. No cannabis may be cultivated in a leased or rented private residence without the prior express, written consent of the property owner. Said permittee shall obtain the written permission, including notarized signatures, of the legal owner(s) consenting to the indoor personal cultivation of cannabis on the private residence.

f. Not more than six cannabis plants (of any size, maturity, or stage of life from germination through dispersal, harvest, or death) may be planted, cultivated, harvested, dried, or processed upon the grounds of any single private residence. Pre-germination, cultivation/growth, harvest, and post-harvest activities are not authorized to be done off of the premises for which a permit is issued.

g. All living cannabis plants, and any cannabis produced by the plants in excess of 28.5 grams, shall be kept within the private residence or accessory structure in a locked and secured space.

h. No living cannabis plants, cannabis cultivation activities, cannabis, cannabis products, or equipment, shall be visible, and no odor, light, heat, or other environmental impacts associated with personal cultivation shall be detectable, from a public place, right-of-way, neighboring public or private property, or beyond the bounds of the grounds of the private residence at any time.

i. All structures and buildings, or portions thereof, of a private residence used to cultivate cannabis pursuant to this article shall, at all times, comply with all applicable laws and provisions concerning building and construction of structures, including, without limitation, the Pomona Zoning Ordinance, as well as building and building regulations, pursuant to chapter 74 of this Code, and the adopted and incorporated California Building Standards Code, as amended from time to time.

j. The indoor use of generators and/or gas products, including, without limitation, CO2, butane, propane, and natural gas shall be prohibited for the cultivation and/or processing of cannabis.

k. Not more potable water than is reasonably necessary to sustain six living plants shall be utilized for cultivation.

l. The lighting used for cultivation shall not exceed 1,200 watts.

m. No nuisance shall be caused or maintained on the grounds of the private residence.

(2) As a condition of approval of any application for any personal cultivation permit, the development services director may, in his or her discretion, impose additional requirements and restrictions in addition to those expressly set forth in this section, to the extent such additional requirements and restrictions are necessary to ensure activities authorized by a personal cultivation permit are exercised in a manner that preserves and protects the public interest. In imposing such additional requirements and restrictions, the development services director may consider such factors as the proximity of the private residence to sensitive land uses, the physical characteristics of the grounds of the private residence, and other relevant matters.

(e) Enforcement and inspection authority.

(1) Upon 72-hour written notice, the development services director, or assignee, and any city police officer or code enforcement officer, shall have the right to enter into and upon the grounds of any private residence, and into or upon a private residence or accessory structure, for which a permit has been issued pursuant to this article for purposes of conducting an inspection to ensure compliance with the requirements of this article, this Code, state law, and the Adult Use of Marijuana Act. A permittee's refusal to allow said inspection shall be grounds for revocation of the permit.

(2) Notwithstanding the foregoing, the city shall make reasonable efforts to schedule and conduct the inspection authorized by this section at the date and time agreeable to be the permittee; provided that if the city makes reasonable efforts with a permittee to establish an agreeable date and time for an inspection, the failure of refusal of a permittee to establish an inspection date and time may be construed as a refusal to allow the inspection.

(3) This section shall not limit or be interpreted as limiting the authority of the city or any representative thereof to enter upon or into the grounds of a private residence, or the private residence itself, as otherwise may be authorized by law or pursuant to a court-issued warrant.

(f) Sale or transfer of marijuana from permitted plants prohibited.

(1) It shall be unlawful for any person or permittee to sell, or otherwise transfer for any consideration whatsoever, cannabis plants, cannabis, or cannabis products produced by the permitted plants, to any other person.

(2) It shall be unlawful for any person or permittee to sell, transfer, give away, or provide access to cannabis plants, cannabis, or cannabis products produced by the permitted plants, to any person under the age of 21.

(g) Grounds for permit denial.

(1) Grounds for denial. The development services director shall deny any application for a permit or for the renewal thereof if the development services director makes any of the following determinations:

a. The applicant has not first obtained or has not maintained in full force and effect the permit required under this article prior to engaging in the activities authorized by the permit.

b. The private residence or accessory structure used, or proposed to be used, to engage in the activities fails to comply with all applicable health, safety, zoning, fire, building and safety laws and regulations.

c. The applicant has knowingly made any false, misleading, or fraudulent statement of material fact in the application for the permit, in the application for or renewal of the permit.

d. The applicant is in violation of a provision of this Code or owes taxes, fees, or penalties pursuant to this article or any other provision of this Code.

e. The applicant of a new permit, or for the renewal thereof, has had a permit denied or revoked by the city within the preceding 12 months.

f. The applicant has failed to provide information required for processing of such application.

(2) Notice of denial. Upon determination of the existence of any factors or conditions specified in section 34-902(g)(1) hereinabove, the development services director shall advise the applicant by sending to the applicant a notice of denial in writing by U.S. mail within ten business days of such determination. Failure to receive such notice of denial shall not constitute a permit being deemed approved. The notice of denial shall state the development services director's findings and/or determinations that justify denial of the permit application, and shall include a summary of the evidence upon which such findings and/or determinations are based.

(h) Permit—Posting or storage. Permits issued pursuant to this article shall be posted, kept, stored, or maintained in the private residence or accessory structure for which the permit was issued, and shall remain so posted, kept, stored, or maintained during the period the permit remains in force and be ready for inspection upon request by the development services director or assignee, any city police officer, or any code enforcement officer.

(i) Permit—Duration and renewal.

(1) Permits issued pursuant to this article shall be valid for two years from the date of issuance.

(2) Permits issued pursuant to this article may be renewed upon the filing of an application therefore with the development services director. The application for renewal shall be in substantially the same form as an application for an original permit. It shall be issued or denied in a like manner as in the case of the original permit.

(j) Permit fees. A filing and processing fee, in an amount established by resolution or ordinance of the city council, shall be submitted with each application for an original permit, or applications for permit renewals. The fee provided for in this section is imposed to cover the cost of processing and reviewing permit applications, and to cover the cost of site inspections provided for in this article. The fee provided for in this section may be amended from time to time by resolution of the city council.

(k) Transfer of permit prohibited. No permit issued pursuant to this article shall be transferrable or assignable to any other person. The activities authorized by any permit issued pursuant to this article shall only be conducted inside the private residence or accessory structure for which the permit was issued.

(l) Permit revocation.

(1) Grounds for revocation. The development services director shall revoke any permit issued pursuant to this article, if the development services director makes any of the following findings or determinations:

a. There exists any ground for denial of the permit issued pursuant to this article.

b. The permittee has knowingly made any false, misleading, or fraudulent statement of material fact in the application for a permit or in any report required to be filed by law.

c. The permittee has violated or is violating any condition of approval imposed on such permit, or upon any other entitlement granted by the city or other government agency.

d. The permittee has violated or is violating any ordinance, law, or regulation of the city, Los Angeles County, or state of California in the course of exercising any rights under the permit.

e. The permittee has been held liable for, or has been convicted of, any offense involving the maintenance of a nuisance resulting from any act performed in exercising any rights under the permit.

f. The continued activities under the permit would endanger, disrupt or otherwise be detrimental to the public peace, health, safety, morals or general welfare of the city or its inhabitants, or constitute a public nuisance.

(2) Order of revocation. The development services director shall serve a written order of revocation upon the permittee the grounds for revocation and informing the permittee of his/her appeal rights (including method and timeline for requesting appeal). The order shall also advise the licensee/permittee of the effective date of the revocation.

(3) Effectiveness of order. Any permit revoked pursuant to the provisions of this article shall become effective, and the permittee shall cease all activities authorized under such permit, no later than ten calendar days from the service of the order of revocation. Where an appeal is timely filed in accordance with the provisions of this article, the notice of revocation shall be stayed pending the city manager's, or an appointed hearing officer's, resolution of the appeal pursuant to the provisions of this article.

(m) Appeal of permit application denial or revocation of a permit. The denial of any application for a permit, or the revocation of a city-issued permit, may be appealed to a hearing officer as appointed by the city manager, and such appeal shall be governed by the standards and procedures set forth in section 30-129 of this Code. The applicant or permittee may seek prompt judicial review of such administrative actions or decision in a court of competent jurisdiction as provided by law, pursuant to Section 1094.6 of the California Code of Civil Procedure.

(Ord. No. 4242, § 4, 11-6-2017)

(a) No person shall smoke or ingest cannabis in any public place. Public place shall include but not be limited to the front yard of a residence, or any balcony, patio, yard, or other non-enclosed portion of a property able to be viewed from public property, right-of-way, or another public place.

(b) No odor or other environmental impact associated with the smoking of cannabis in a private residence shall be detectable, from a public place, right-of-way, neighboring public or private property, or beyond the bounds of the grounds of the private residence at any time.

(c) Smoking of cannabis shall be prohibited in any building, structure, location, area or place where the Code currently prohibits the smoking of tobacco.

(Ord. No. 4242, § 4, 11-6-2017)

(a) No person owning, leasing, occupying or having charge, control, or possession of any premises within the city shall cause, allow, suffer, or permit such premises to be used in violation of this article.

(b) Except for section 34-903, which shall be subject to an infraction pursuant to state law, any person violating any provision of this article shall be guilty of a misdemeanor, and shall be subject to the penalty thereof, as set forth in section 1-7 of this Code. Any such person shall be guilty of a separate offense for each and every day a violation of the provisions of this article is committed, continued, or permitted to be continued by such person.

(c) Any violation of this article is hereby declared a public nuisance and, as such, may be abated or enjoined from further operation within the city by administrative, injunctive or other equitable means. All means of enforcement authorized under this Code may be used to address violations of this article.

(Ord. No. 4242, § 4, 11-6-2017)

If any section, subsection, sentence, or clause of this article is held to be invalid or unconstitutional by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this article.

(Ord. No. 4242, § 4, 11-6-2017)