Sonora Municipal Code § 8.35 Personal Cannabis Cultivation Regulation

Footnotes:

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Editor's note— Ord. 842, § 1, adopted Dec. 4, 2017, amended Ch. 8.35 in its entirety. The former chapter derived from Ord. 803, § 1, 8-11-2011.

A. The Federal Controlled Substances Act, 21 U.S.C. § 801 et seq., classifies marijuana as a Schedule 1 Drug, which is defined as a drug or other substance that has a high potential for abuse, that has no currently accepted medical use in treatment in the United States, and that has not been accepted as safe for use under medical supervision. The Federal Controlled Substances Act makes it unlawful under federal law for any person to cultivate, manufacture, distribute or dispense, or possess with intent to manufacture, distribute or dispense marijuana.

B. On November 8, 2016, California voters passed Proposition 64, the Adult Use of Marijuana Act ("AUMA"). AUMA legalizes the cultivation, commercial sale, and possession of recreational cannabis for adults age twenty-one and older under state law. AUMA prohibits the city from entirely prohibiting personal cultivation for adult use of cannabis inside a private residence; however, it does allow the city to impose reasonable regulations on the practice.

C. The city council finds that cultivation of cannabis for adult use can adversely affect the health, safety, and well-being of city residents. Reasonable citywide regulations are proper and necessary to avoid the risks of criminal activity, access by persons under the age of twenty-one, degradation of the natural environment, malodorous smells, and indoor electrical fire hazards that may result from such activities.

D. The city council believes that the regulations specified below for the cultivation of cannabis for personal uses are reasonable and allowable under AUMA.

(Adopted by Ord. 842 on 12/4/2017; Amended by Ord. 847 on 1/16/2018)

The purpose of this chapter is to prescribe reasonable regulations for the cultivation of cannabis for personal use pursuant to California law.

(Adopted by Ord. 842 on 12/4/2017; Amended by Ord. 847 on 1/16/2018)

"Administrative cultivation permit" means a permit issued by the community development department for the indoor cultivation of medicinal cannabis by a qualified patient or a primary caregiver.

"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. For the purpose of this division, "cannabis" does not mean "industrial hemp" as defined by Section 11018.5 of the Health and Safety Code.

"County" means Tuolomne County.

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

"Cultivation site" means a location where cannabis is planted, grown, harvested, dried, cured, graded, or trimmed, or a location where any combination of those activities occurs.

"Day care" means a facility, center, or home requiring a license that is issued by the state of California which provides for the care, health, safety, supervision, or guidance of a child's social, emotional, and educational growth on a regular basis, in a place other than the child's own home, or any facility meeting the definition of Section 1596.76 of the Health and Safety Code.

"Group home" means any community care facility regulated and licensed by a federal or state agency. Unlicensed community care facilities or those community care facilities the regulation of which is not otherwise preempted by state or federal law shall not constitute group homes.

"Indoor cultivation" means the cultivation of cannabis within a fully enclosed and secure structure that has a complete roof in which cannabis plants cannot be seen from any public right-of-way. Indoor cultivation does not include any commercial cannabis activity.

"Marijuana" has the same meaning as the term "cannabis".

"Person" means an individual.

"Personal use" means to possess, use, or give away to persons twenty-one years of age or older without any compensation whatsoever.

"Private residence" means a house, an apartment unit, a mobile home, or other similar dwelling as set forth in California Health and Safety Code Section 11362.2.

"Primary caregiver" has the same meaning as that term is defined by Section 11362.7 of the Health and Safety Code.

"Qualified patient" has the same meaning as that term is defined by Section 11362.7 of the Health and Safety Code.

"Youth center" means any public or private facility that is primarily used to host recreational or social activities for minors, including, but not limited to, private youth membership organizations or clubs, social service teenage club facilities, video arcades, or similar amusement park facilities.

(Adopted by Ord. 842 on 12/4/2017; Amended by Ord. 847 on 1/16/2018)

A. All outdoor cultivation is prohibited.

B. A private residence shall not include more than one cultivation site.

C. A person shall not cultivate more than six living cannabis plants at a private residence for personal use.

D. A primary caregiver or a qualified patient may cultivate more than six living cannabis plants at a private residence with a physician's recommendation, subject to the requirements set forth in Sections 8.36.030 through 8.36.090.

E. All cannabis plants and anything produced by the plants shall be kept indoors of the private residence and not be visible by normal unaided vision from a public place.

F. A person shall not cultivate unless that person obtains permission from the legal owner of the private residence.

G. Each of the following shall apply to the cultivation site:

1. The cultivation site shall be completely located within the private residence.

2. The cultivation site shall include an odor control or odor filtration system.

3. To prevent safety hazards, the private residence shall not have plumbing, electrical, or other utilities that violate applicable local, state, or federal regulations.

4. To prevent persons under twenty-one years of age from entering the cultivation site, the cultivation site shall have lockable doors.

H. All of the following shall be prohibited in the cultivation site:

1. Explosive gases, such as butane, propane, xylene, styrene, gasoline, kerosene, O2 or H2.

2. Dangerous poisons, toxins, or carcinogens, such as methanol, isopropyl alcohol, methylene chloride, acetone, benzene, toluene, and trichloroethylene, unless evidence of a current license to operate such solvents is provided.

3. Generators or gas products used to power electrical or lighting fixtures or equipment.

(Adopted by Ord. 842 on 12/4/2017; Amended by Ord. 847 on 1/16/2018)

A. A primary caregiver or a qualified patient seeking to cultivate more than six living cannabis plants shall first obtain an Administrative cultivation permit from the community development department.

B. A person shall be limited to a maximum of one administrative cultivation permit at a time.

C. An administrative cultivation permit is not transferable. The administrative cultivation permit shall only be used by the permittee to whom it is issued.

D. An administrative cultivation permit shall expire one year from the date of approval and may be renewed annually.

(Adopted by Ord. 847 on 1/16/2018)

A. An applicant shall be at least twenty-one years of age, unless otherwise permitted under state law.

B. The administrative cultivation permit application shall require all of the following:

1. A physician's recommendation for more than six cannabis plants.

2. Written consent signed by the property owner or legal tenant of the intended cultivation site.

3. Identification of any chemicals, fertilizers, or pesticides that will be used for indoor cultivation. This information shall be used to aid public safety officials in case of an emergency response to the location.

C. An applicant shall pay a nonrefundable administrative cultivation permit application fee as established by resolution of the city council.

D. Within sixty calendar days of receipt of a complete application, the city shall provide written notification to the applicant indicating whether the application has been approved or denied and the reason for denial, if any.

(Adopted by Ord. 847 on 1/16/2018)

A. A private residence shall not include more than one cultivation site.

B. All cannabis plants and anything produced by the plants shall be kept within the permit holder's private residence, or upon the grounds of that private residence, and not be visible by normal unaided vision from a public place.

C. A private residence shall not also be used for a day care, youth center, or group home. The private residence shall remain occupied and is required to maintain a functioning kitchen and bathroom.

D. Each of the following shall apply to the cultivation site:

1. The cultivation site shall be located within the private residence, detached garage, or permitted detached structure.

2. To prevent safety hazards, the private residence shall not have plumbing, electrical, or other utilities that violate applicable local or state regulations.

3. To prevent persons under twenty-one years of age from entering the cultivation site or accessing cannabis, the cultivation site shall have lockable doors.

4. The cultivation site shall not produce odors, sounds, or other emissions that are detectable outside of the private residence by persons with reasonable sensitivity.

5. The cultivation site shall include an operable motion detector alarm.

E. All of the following shall be prohibited in the cultivation site:

1. Volatile solvents, including, but not limited to, explosive gases, such as Butane, Propane, Xylene, Styrene, Gasoline, or Kerosene.

2. Dangerous poisons, toxins, or carcinogens, such as Methanol, Isopropyl Alcohol, Methylene Chloride, Acetone; Benzene, Toluene, and Trichloro- ethylene, unless evidence of a current license to operate such solvents is provided.

3. Generators or gas products used to power electrical or lighting fixtures or equipment.

F. Each applicant shall pass an inspection of their cultivation site by a city building inspector to ensure that the private residence meets the requirements of Section 8.35.060 and does not pose a health or safety risk to the applicant or public. If the inspection is denied, the applicant will have ten calendar days to have the cultivation site re-inspected.

(Adopted by Ord. 847 on 1/16/2018)

A. An administrative cultivation permit may be renewed no earlier than sixty days of expiration.

B. The administrative cultivation permit holder shall pass a re-inspection of the cultivation site by the community development department.

C. Renewal of an administrative cultivation permit is subject to a renewal fee as approved by resolution by the city council.

(Adopted by Ord. 847 on 1/16/2018)

A. The city may suspend or terminate an administrative cultivation permit at any time for failure to comply with this chapter or any local or state law or regulation.

B. If a person's administrative cultivation permit is suspended, terminated, or expired, the permit holder's cannabis plants that exceeds twenty-eight and one- half grams may be impounded by a law enforcement officer until both of the following are met:

1. The person reinstates their administrative cultivation permit.

2. The person pays an administration penalty pursuant to Section 8.35.110.

C. A person may appeal any suspension or termination of an administrative cultivation permit pursuant to Section 8.35.100.

(Adopted by Ord. 847 on 1/16/2018)

A. Application for Administrative Cultivation Permit in a New Private Residence.

1. An administrative cultivation permit holder may apply for an administrative cultivation permit for a private residence other than the private residence specified on the existing permit. If the application is approved, the former administrative cultivation permit shall be immediately null and void. If the application is denied, the existing administrative cultivation permit shall continue under its applicable terms and conditions. If the applicant appeals a denial of the application, the existing administrative cultivation permit shall continue under its applicable terms and conditions.

B. Application for a Different Cultivation Site Within the Same Private Residence.

1. If a current administrative cultivation permit holder applies for an administrative cultivation permit for the private residence on the existing permit but for a cultivation site other than the one specified on the existing permit, the existing permit will terminate upon approval of the application.

C. Application for the Same Cultivation Site in Same Private Residence.

1. If an additional person applies for an administrative cultivation permit for the same cultivation site within the same private residence of a current administrative cultivation permit holder, a permit shall not be issued if the existing permit has been terminated or suspended.

2. An additional administrative cultivation permit for the same cultivation site shall only be issued if all administrative cultivation permits related to that cultivation site are in good standing with the city.

(Adopted by Ord. 847 on 1/16/2018)

A. Any permit applicant may appeal any adverse action taken under this chapter to the city council.

B. All appeals taken under this chapter must be taken within thirty days after the adverse action by filing with the office of the city clerk a written notice of appeal specifying the grounds thereof. An appeal shall be accompanied by a non- refundable filing fee, as established by resolution adopted by the city council from time to time.

C. The city clerk, upon the filing of such appeal and payment of an appeal fee, shall place the matter upon the agenda for the next regular meeting of the city council occurring not earlier than five days after the filing of the appeal, and shall notify the appealing permit applicant by letter of the meeting date and place at which the appeal will be heard.

(Adopted by Ord. 847 on 1/16/2018)

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

B. In addition to any other enforcement permitted by this chapter, the city attorney may bring a civil action for injunctive relief and civil penalties against any person or entity that violates this chapter. In any civil action brought pursuant to this chapter, a court of competent jurisdiction may award reasonable attorney's fees and costs to the prevailing party.

C. Violations of this chapter shall be subject to an administrative penalty. The amount of the administrative penalty shall be two hundred and fifty dollars for the first offense, five hundred dollars for the second offense, and one thousand dollars for any subsequent offense.

(Adopted by Ord. 842 on 12/4/2017; Amended by Ord. 847 on 1/16/2018)

A. The city shall be entitled to recover its abatement and enforcement costs incurred in obtaining compliance with this chapter. Costs incurred by the city are recoverable even if a public nuisance, a violation of the Municipal Code, or other violation of law is corrected by the property owner or other responsible party.

B. The cost of abating a public nuisance or enforcing this chapter shall either be a special assessment and lien on the subject property or the personal obligation of the owner of the subject property or the responsible party. If there is more than one responsible party, each party shall be jointly and severally liable for the costs.

C. For purposes of this chapter, the following additional definitions shall apply:

1. "Abatement costs" include the actual and reasonable costs incurred by the city to abate a public nuisance. These costs include all direct and indirect costs to the city that result from the total abatement action, including, but not limited to, investigation costs, costs to enforce the Municipal Code, and any applicable federal, state, or county law, clerical and administrative costs to process paperwork, costs incurred to provide notices and prepare for and conduct administrative appeal hearings, and costs to conduct actual abatement of the nuisance. Costs include personnel costs, administrative overhead, costs for equipment such as cameras and vehicles, staff time to hire a contractor, and reasonable attorneys' fees incurred by the city.

2. "Enforcement costs" include all actual and reasonable costs incurred by the city to enforce compliance with the Municipal Code and any applicable federal, state, county, or city public health and safety law that is not included within abatement costs. Enforcement costs shall also include, but are not limited to, costs of fringe benefits for personnel, administrative overhead, costs of equipment, costs of materials, costs related to investigations, costs related to issuing and defending administrative or court citations, costs incurred investigating and abating violations of the Municipal Code or federal, state, or county law violations, and reasonable attorneys' fees related to these activities.

3. "Responsible party" means a person or entity responsible for creating, causing, committing, or maintaining the violation of this chapter or federal, state, or county law.

4. "Subject property" means the real property that is the subject of any abatement or enforcement action by the city for which the city incurred costs and seeks recovery under this chapter.

(Adopted by Ord. 842 on 12/4/2017; Amended by Ord. 847 on 1/16/2018)