Chapter 16.75 — PROHIBITION ON INDUSTRIAL HEMP CULTIVATION

The purpose of this chapter is to expressly prohibit the establishment of industrial hemp cultivation in the city. The City Council finds that a prohibition on industrial hemp is necessary for the preservation and protection of the public health, safety, and welfare of the city and its residents. The prohibition of such uses is within the authority conferred upon the City Council by state law and is an exercise of its police powers to enact and enforce regulations for the public health, safety, and welfare of the city and its residents. Nothing in this chapter shall be interpreted to conflict with state law.

(Ord. 1296, passed 5-20-20)

CITY MANAGER - Means the City Manager or designee.

CULTIVATION - Means the planting, growing, harvesting, drying, curing, grading, or trimming of industrial hemp. INDUSTRIAL HEMP - Means a fiber or oilseed crop, or both, that is limited to types of the plant Cannabis sativa L. having no more than 0.3% tetrahydrocannabinol ("THC") contained in the dried flowering tops, whether growing or not; the seeds of the 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 produced therefrom. (Ord. 1296, passed 5-20-20)

Industrial hemp cultivation is prohibited in all zones within the city. No person nor entity may establish or operate an industrial hemp cultivation facility within city limits. A property owner may not allow his or her property to be used by any person or entity for industrial hemp cultivation.

(Ord. 1296, passed 5-20-20)

The City Manager is hereby authorized to promulgate and enforce administrative regulations in the implementation and enforcement of this chapter.

(Ord. 1296, passed 5-20-20)

Any person who violates any provision of this chapter is guilty of a separate offense for each and every day during any portion of which any such person commits, continues, permits, or causes a violation thereof, and may be penalized accordingly.

(Ord. 1296, passed 5-20-20)

In addition to any other remedy available under law, violations of the subchapter are subject to the administrative citations and penalties provisions in Title 1, Chapter 14, of this code. (Ord. 1296, passed 5-20-20)

Any use or condition caused, or permitted to exist, in violation of any provisions of this chapter shall be, and hereby is declared to be, a public nuisance and may be summarily abated by the city pursuant to Code of Civil Procedure § 731 or any other remedy available to the city.

(Ord. 1296, passed 5-20-20)