Chapter 10.42 — MARIJUANA ORDINANCE

This chapter shall be referred to as the "Marijuana Ordinance."

(Ord. 365 §2, 2017)

A.

For purposes of this chapter, the term "cultivation" shall mean the planting, growing, harvesting, drying, storage of, or creation of products involving, one or more marijuana plants or any part of such plants for any purpose, including for medical or recreational use.

B.

For purposes of this chapter, "marijuana" refers to any type of cannabis plant, including cannabis sativa, cannabis indica, cannabis ruderalis, and any hybrids of different types of cannabis plants.

C.

For purposes of this chapter, "transfer" shall mean to make available, transmit, give, distribute, or otherwise provide.

(Ord. 365 §2, 2017)

A.

It is unlawful for any person owning, leasing, occupying, or having charge or possession of any parcel in the city, to cause or allow such parcel to be used for outdoor marijuana cultivation, except in compliance with this section.

B.

Outdoor marijuana cultivation shall strictly comply with the following standards:

Subject to the additional limitation stated in section 10.42.045, no person shall cultivate more than six plants outdoors at any residence at any time.

Marijuana cultivated outdoors shall not be visible from any public right-of-way or adjacent property.

Marijuana cultivated outdoors shall be enclosed within a secured, locked fence enclosure to prevent minors and other unauthorized parties from accessing the marijuana.

Shall not occur within ten feet of any property line of the private residence or within any other applicable set-back requirement in this Code.

The marijuana cultivation area shall not adversely affect the health or safety of the nearby residents by creating dust, glare, heat, noise, smoke, traffic, vibration, or other impacts, and shall not be hazardous due to use or storage of materials, processes, products, or wastes.

Use, storage, or discharge into city wastewater facilities shall strictly comply with section 14.04.230 of this Code.

Water usage for cultivation of marijuana under this section shall not exceed any limitations imposed by federal, state, or local water restrictions.

(Ord. 365 §2, 2017)

A.

It is unlawful for any person owning, leasing, occupying, or having charge or possession of any parcel in the city, to cause or allow such parcel to be used for marijuana cultivation within a fully enclosed structure on the parcel, except in compliance with this section.

B.

All marijuana cultivation authorized by authorized by Health and Safety Code Section 11362.1 shall be conducted indoors only and is subject to the restrictions set forth in Health and Safety Code Section 11362.2, all other state regulations, and the following city regulations:

Subject to the additional limitation stated in section 10.42.045, no person shall cultivate more than six plants indoors within any residence at any time, and no person shall cultivate marijuana on any parcel not improved with a lawful inhabited residence.

Marijuana cultivation is permitted only within fully enclosed structures. A fully enclosed and secure structure used for the cultivation of marijuana that is separate from the main residence on a premises must maintain a minimum ten-foot setback from any property line or the minimum set-back required under any other applicable provision of this Code if such set-backs exceed ten feet.

Marijuana cultivation areas in a structure shall not be accessible to persons under eighteen years of age. Cultivation areas shall be secured by lock and key or other security device that prevents unauthorized entry.

Marijuana cultivation lighting shall not exceed a total of one thousand two hundred watts and shall be shielded to confine light and glare to the interior of the allowable structure. All lighting use in the cultivation of marijuana shall comply with the California Building, Electrical and Fire Codes as adopted by the city.

The use of gas products (e.g., CO2, butane, etc.) or generators for marijuana cultivation or processing is prohibited.

No exterior evidence of marijuana cultivation shall be observable from any public right-of-way or adjacent property.

Marijuana cultivation shall not occur in any kitchen, bathroom, or bedroom of the residence.

Any structure used for marijuana cultivation must have proper ventilation to prevent mold damage and to prevent marijuana plant odors or particles from becoming a public nuisance to surrounding properties or the public. A public nuisance may be deemed to exist if the cultivation produces odors that are disturbing to people of normal sensitivity residing or present on adjacent or nearby property or areas open to the public.

The marijuana cultivation area shall not adversely affect the health or safety of the nearby residents by creating dust, glare, heat, noise, smoke, traffic, vibration, or other impacts, and shall not be hazardous due to use or storage of materials, processes, products or wastes.

Use, storage, or discharge into city wastewater facilities shall strictly comply with section 14.04.230 of this Code.

Water usage for cultivation of marijuana under this section shall not exceed any limitations imposed by federal, state, or local water restrictions.

(Ord. 365 §2, 2017)

No person shall cultivate more than six plants per private residence at any time, regardless of whether the six plants are all grown indoors, all grown outdoors, or some plants are grown indoors at the same time others are grown outdoors.

(Ord. 365 §2, 2017)

Sales, transfers, or deliveries of marijuana for any purpose, whether medical or non-medical, to any person at any residence or public place within city limits are prohibited.

(Ord. 365 §2, 2017)

No commercial, office, industrial, or other non-residential building or structure within city limits may be used to allow, transact, or facilitate the cultivation, sale, processing, storage, or transfer of marijuana for any purpose, whether medical or non-medical.

(Ord. 365 §2, 2017)

A.

Any violation of this chapter is hereby declared to be a public nuisance.

B.

This chapter shall be enforced by any civil means available by law, including but not limited to the prosecution of a civil action for injunctive, monetary, or equitable relief, by the abatement procedure set forth in chapter 1.16 of this Code, or by imposition of penalties under chapter 1.17 of this Code.

C.

The remedies provided herein are cumulative, alternative, and nonexclusive. The use of one remedy does not prevent the use of any others, and none of these remedies prevents the city from using any other

remedy at law or in equity which may be available to enforce this chapter or to abate a public nuisance.

(Ord. 365 §2, 2017)

V. - OFFENSES AGAINST PUBLIC PEACE