Selma Municipal Code Ch. 27 Regulation of Consumption of Marijuana

The purpose of this chapter is to protect the health, safety and general welfare of the public within the jurisdiction of the city of Selma. The city council of the city of Selma finds that the use of marijuana may be injurious to members of the public, including minors, who are not permitted to consume marijuana. (Ord. 2016-8, 12-5-2016)

No person shall smoke, ingest, or otherwise consume marijuana or marijuana products, whether recreational or medical, in the city of Selma, unless such smoking, ingesting or consumption occurs entirely within a private residence. "Within a private residence" shall mean inside habitable areas and shall not include garages, whether attached or detached, and other accessory buildings, unless those buildings are at all times fully enclosed during the consumption. Medical marijuana may also be consumed within a clinic, healthcare facility, residential care facility, or residential hospice licensed pursuant to applicable provisions of the California Health And Safety Code. All consumption shall be done in a manner so as not to cause a nuisance to nearby residents with noxious odors or other adverse health and safety impacts. (Ord. 2016-8, 12-5-2016)

In the event it is determined by the appropriate department head of the city that a call for service or response to any event or disturbance, including, but not limited to, any fire, provision of medical assistance, or response by law enforcement is the result of use or consumption of medical or nonmedical marijuana, or is caused by any activity related to nonmedical or medical marijuana including sale, transport, distribution, cultivation or processing of marijuana or marijuana products, the department head may issue an invoice or bill in the form of a citation to the person responsible for creating or causing the event or disturbance in the amount of the actual cost incurred by the department as a result. The invoice or bill so issued shall conform to the extent practicable to the provisions of title I, chapter 20 of this code and shall be subject to an appeal as provided by section 1-20-9 of this code. Following the conclusion of any such appeal, in the event the validity of the invoice or bill is affirmed on appeal, or if the bill or invoice is not timely appealed, the bill or invoice may be collected in the manner provided by section 1-20-11 of this code, or by action in the courts on the debt thereby created. Title I, chapter 20 of this code shall govern the time and manner by which an appeal of any invoice or bill is taken. (Ord. 2016-8, 12-5-2016)

Violations of this chapter shall be a misdemeanor and constitute a public nuisance and shall be enforced in accordance with the procedures set forth in title I, chapter 4 of this code or other applicable section of this code. (Ord. 2016-8, 12-5-2016)