Ridgecrest Municipal Code Art. I In General

(a) Definitions. The following terms and phrases, whenever used in this section, shall be construed as defined in this subsection. Whenever any word or phrase used in this section is not defined herein but is defined in state law or regulation, the definition set forth in such state law or regulation is incorporated into this section as though fully set forth herein.

Cannabis or marijuana means any or all parts of the plant cannabis, including any species or subspecies, whether growing or not; the seeds of that plant; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin, including any foodstuff or other ingestible or consumable product infused with cannabis.

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.

Cultivate or cultivation means any activity involving the planting, growing, harvesting, drying, curing, grading or trimming of cannabis.

Commercial cannabis activity includes the cultivation, possession, manufacture, distribution, dispensing, processing, storing, laboratory testing, packaging, labeling, transportation, delivery, or sale of medical or non-medical cannabis and cannabis products. Commercial cannabis activity includes activities that are for profit and/or nonprofit. A qualified patient or primary caregiver who complies with Business and Professions Code § 26033(a) and (b), respectively, does not engage in a commercial cannabis activity.

Inpatient means medical treatment at a medical facility for a period of 24 consecutive hours or longer.

Medical clinic means a clinic licensed pursuant to Health and Safety Code div. 2, ch. 1 (Health and Safety Code § 1200 et seq.) which provides outpatient medical treatment.

Medical facility means any of the following:

(1) A health facility for persons admitted for a 24-hour stay or longer as defined in Health and Safety Code § 1250;

(2) A residential care facility for persons with a chronic life-threatening illness licensed pursuant to Health and Safety Code div. 2, ch. 3.01 (Health and Safety Code § 1568.01 et seq.);

(3) A residential care facility for the elderly licensed pursuant to Health and Safety Code div. 2, ch. 3.2 (Health and Safety Code § 1569 et seq.);

(4) A residential hospice or home health agency licensed pursuant to Health and Safety Code div. 2, ch. 8 (Health and Safety Code § 1725 et seq.).

Medical cannabis means cannabis or cannabis product intended to be sold for use by a medicinal cannabis patient in California who possesses a physician's recommendation pursuant to the Compassionate Use Act of 1996 (Health and Safety Code § 11352.5).

Non-medical cannabis means cannabis or cannabis product intended to be sold for use by an adult 21 years of age or older pursuant to the Control, Regulate, and Tax Adult Use of Marijuana Act of 2016.

Outpatient means medical treatment at an outpatient medical clinic as defined in Health and Safety Code § 1200 or a medical facility, as defined herein, for a period of less than 24 consecutive hours.

Private residence means a house, apartment unit, mobilehome or other similar dwelling, and includes any accessory structure that is fully enclosed, secure and located upon the grounds of the private residence.

(b) Commercial cannabis activities prohibited.

(1) Commercial cannabis activities are prohibited within the jurisdictional boundaries of the city and no permit or license shall be issued for such activity.

(2) Exception for medical facilities. The inpatient sale, dispensing or distribution of medical cannabis or cannabis product to a qualified patient is permitted inside a hospital or medical facility as defined in subsection (a) of this section.

(3) The outpatient sale, dispensing, or distribution of medical cannabis or cannabis product to a qualified patient is prohibited within the jurisdictional boundaries of the city and no permit or license shall be issued for such activity.

(c) Cultivation of cannabis for personal use.

(1) The outdoor cultivation of medical and/or non-medical cannabis for personal use is prohibited within the jurisdictional boundaries of the city.

(2) The indoor cultivation of medical and/or non-medical cannabis is permitted only to the extent authorized by state law, and subject to the following restrictions:

a. The cannabis shall be cultivated inside a private residence;

b. The cannabis shall be cultivated for personal use of the resident. If the resident is a primary caregiver, the cannabis may be cultivated for use by a qualified patient;

c. No more than six living cannabis plants may be cultivated inside a private residence;

d. The resident shall comply with all applicable fire, health and safety codes;

e. If the resident is a tenant, he must obtain permission to cultivate cannabis plants from the landlord, land owner, property manager or other similar person having control over the private residence; and

f. The cannabis plants shall not be visible from any public right-of-way.

(3) This article is not intended to interfere with any landlord-tenant agreement which prohibits the cultivation or use of cannabis in or upon the grounds of any premises.

(d) Penalty for violations; public nuisance declared.

(1) It is unlawful for any person, whether as principal, agent, employee, volunteer or otherwise, to violate, cause the violation of, or otherwise fail to comply with any of the requirements of this section. This includes any landlord, land owner, property manager, or other similar person having control over real property, who rents, leases, or otherwise permits the establishment or operation of any commercial cannabis activity. Each day a violation of any provision of this section is committed, or permitted to continue, shall constitute a separate offense.

(2) In addition, any condition caused or permitted to exist in violation of any provision of this section is hereby declared a public nuisance that the city may remedy by any legally available means. Each day a violation of any provision of this section is committed, or permitted to continue, shall constitute a separate offense.

(Ord. No. 17-03, § 2(4-24.101)—(4-24.104), 11-15-2017)

(a) Definitions. The following words, terms and phrases, whenever used in this section, shall be construed as defined in this subsection. Whenever any word or phrase used in this section is not defined herein but is defined in state law or regulation, the definition set forth in such state law or regulation is incorporated into this section as though fully set forth herein.

Public parks means all publicly owned or leased property used for recreational facilities, athletic or recreational fields, tennis courts, basketball courts, swimming pools, bike paths, walking or hiking trails, parks, tot lots, dog parks, skate parks, and any other similar uses, and including related buildings, facilities and improvements, together with parking lots, roadways, sidewalks and walkways abutting or adjoining the same, and any school facilities when they are in use as recreational or community center facilities.

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, except when the combusting material contains no tobacco or nicotine and the purpose of the inhalation is solely olfactory, such as, for example, smoke from incense. The term smoke includes, but is not limited to, tobacco smoke, electronic cigarette vapors, and marijuana smoke.

Smoking means engaging in an act that generates smoke, such as, for example: possessing a lighted pipe, a lighted hookah pipe, an operating electric cigarette, a lighted cigar, or a lighted cigarette of any kind; or lighting or igniting a pipe, a hookah pipe, a cigar, a cigarette, or vape device of any kind.

Tobacco products means any product that contains tobacco, or contains synthetically produced nicotine and is intended for human consumption. The term "tobacco product" does not include any cessation product specifically approved by the U.S. Food and Drug Administration for use in treating nicotine and tobacco dependence.

(b) Smoking prohibited in city-owned vehicles and buildings. The possession of lighted smoking material in any form including but not limited to the possession of lighted cigarettes, cigars, pipes or other tobacco products is prohibited in all city-owned vehicles and buildings and is prohibited within 20 feet of any door or window of a municipal building.

(c) Prohibitions.

(1) Smoking is prohibited in all parks.

(2) Nothing in this section prohibits any person with legal control over any property from prohibiting smoking on any part of such property, even if smoking is not otherwise prohibited in that area.

(3) No person shall chew tobacco products in a public park.

(4) No person shall dispose of any cigarette, cigar or other tobacco product or any part of a cigarette, cigar or electronic cigarette in a public park, including cigarette or cigar butts, ashes, any other tobacco-related waste, or substances used with an electronic cigarette or used matches, in any place where smoking is prohibited in this section, except in a designated waste disposal container.

(d) Posting of signs. "No Smoking" signs, with letters of not less than one inch in height or the international "no smoking" symbol (consisting of a pictorial representation of a burning cigarette enclosed in a red circle with a red bar across it), shall be clearly, sufficiently and conspicuously posted in places regulated by this section. Notwithstanding the above, the lack of signage in any park does not excuse failure by any person to comply with this section.

(e) Fines. Penalties enforced by administrative citations shall be as follows:

(1) A fine not exceeding $100.00 for a first violation;

(2) A fine not exceeding $200.00 for a second violation of the same ordinance within one year from the date of the first violation; and

(3) A fine not exceeding $500.00 for each additional violation of the same ordinance within one year from the date of the first violation.

(Code 1980, §§ 4-11.101, 4-11.102; Ord. No. 89-20, § 11; Ord. No. 90-01, § 11; Ord. No. 92-01, § 2; Ord. No. 04-01, § 2; Ord. No. 18-01, § 2, 4-18-2018)