Chapter 7.48 — PUBLIC USE/CONSUMPTION OF

It is the purpose of this chapter to promote the health, safety, morals, general welfare and enjoyment of private property of and by the residents within the City of Tulare. To this end, this chapter restricts the public use and consumption of marijuana, whether for medical or recreational purposes, and regulates cultivation of the same. (1995 Code, § 7.48.010) (Ord. 17-12, passed 12-19-2017; Ord. 15-13, passed 1-19-2016; Ord. 05-1999, passed - -2005)

For the purposes of this chapter, these words and phrases shall be defined as follows, whether used in the singular or plural, the masculine or feminine. CANNABIS or MARIJUANA. The meaning set forth in Cal. Business and Professions Code § 19300.5(f), as may be amended. CITY. The City of Tulare. COLLECTIVE OR COOPERATIVE CULTIVATION. An association within California, of qualified patients, persons with valid medical marijuana identification cards, and/or qualified and designated primary care givers of the same, for the purpose of cultivating medicinal marijuana, pursuant to the Compassionate Use Act, the Medical Marijuana Program Act, or the 2015 California Medical Marijuana Regulation and Safety Act (hereinafter "MMRSA"). COMMERCIAL MARIJUANA OPERATION. Any commercial cannabis/marijuana activity, as set forth and defined by Cal. Business and Professions Code § 19300.5(k), MMRSA and its implementing regulations. DELIVERY. The commercial transfer of medical marijuana/cannabis and/or marijuana products by a marijuana dispensary to qualified patients or their caregivers, as well as any technology/electronic platform that facilitates the same, or as otherwise defined and described in the MMRSA, codified at Cal. Business and Professions Code § 19300.5(m) and as may be amended from time to time. MARIJUANA DISPENSARY or DISPENSARY. Any facility or location, whether fixed or mobile, and any building or structure, where cannabis/marijuana is made available, sold, offered for sale, given, distributed, traded, or otherwise provided to one or more persons. MARIJUANA PRODUCT(S). Cannabis in the form of plant material or in any form that has undergone a process whereby the plant material has been transformed into a concentrate and/or added to another substance or material, including, but not limited to concentrated cannabis, cannabis oil, cannabis wax, any edible, topical, or other product for ingestion or introduction into the body through any means that contains cannabis, cannabinoids, and/or concentrated cannabis in any amount. MEDICAL MARIJUANA PURPOSE or MEDICAL MARIJUANA USE. The use of cannabis for the purposes set forth in the Compassionate Use Act and the Medical Marijuana Program Act, Cal. Health and Safety Code §§ 11362.5 and 11362.7 et seq. RECREATIONAL MARIJUANA PURPOSE or RECREATIONAL MARIJUANA USE. All uses of cannabis not included within the definition of “medical marijuana use.” (1995 Code, § 7.48.020) (Ord. 17-12, passed 12-19-2017; Ord. 15-13, passed 1-19-2016; Ord. 05-1999, passed - -2005)

No person shall smoke, ingest, or otherwise consume marijuana or marijuana products, whether for recreational marijuana purpose(s) or medical marijuana purpose(s), within the geographic and/or political boundaries of the city, unless said smoking, ingestion, or consumption occurs solely and entirely within a private residence. WITHIN A PRIVATE RESIDENCE shall mean inside of enclosed and habitable areas of a residential building and shall not include garages, whether attached or detached, or other accessory buildings like carports, sheds, barns, etc., unless those buildings are at all times fully enclosed during the consumption. All consumption shall be in a manner so as not to cause a nuisance to nearby residents through exposure to noxious odors or any other means that may adversely impact health, safety, or the right to quiet enjoyment of private property by city residents. (1995 Code, § 7.48.030) (Ord. 17-12, passed 12-19-2017; Ord. 15-13, passed 1-19-2016; Ord. 05-1999, passed - -2005)

To the extent that the city is required by California law to permit the cultivation of medical or recreational marijuana the rules set forth herein shall apply to any and all such cultivation. Nothing in this section shall be interpreted to permit the establishment or operation of any marijuana activities or dispensaries that are otherwise prohibited by this chapter. (A) Personal use cultivation. The cultivation of marijuana shall be subject to the limits set forth in any applicable state law. An individual that has a right to cultivate marijuana for personal use shall be allowed to cultivate marijuana within his or her private residence, in an attached garage, or in an enclosed accessory building if the property in which the cultivation will occur is zoned and/or utilized as a detached single-family residence. Outdoor cultivation is prohibited. Cultivation in or on property zoned for multi-family use is prohibited. Marijuana cultivation for personal use shall be subject to the following requirements: (1) Area. The marijuana cultivation area shall not exceed 32 square feet, measured at the canopy, or ten feet in height, per residence. This limit applies regardless of the number of individuals residing in the residence. The cultivation area shall be limited to a single designated area per residence. (2) Lighting. Marijuana cultivation lighting shall not exceed a total of 1,200 watts, per residence. (3) Building Code requirements. Any alterations or additions to a residence, including garages and accessory buildings, for the purpose of cultivating marijuana, shall be subject to applicable building and fire codes, including plumbing and electrical, and all applicable zoning codes, including lot coverage, setback, height requirements, and parking requirements. (4) Gas products. The use of gas products (CO2, butane, etc.) for marijuana cultivation or processing is prohibited. (5) Evidence of cultivation. From a public right-of-way, there shall be no exterior evidence of marijuana cultivation occurring on the site. Any and all cultivation that results in evidence of the cultivation being visible from a public right-of-way is prohibited. (6) Residence. An individual may cultivate marijuana only at his or her own residence. (7) Cultivation elsewhere in city. An individual shall not participate in marijuana cultivation in any location within the city other than the individual's residence. (8) Incidental use. Any residence in which cultivation occurs shall maintain kitchen, bathrooms, and primary bedrooms for their intended use and shall not be used primarily for marijuana cultivation. (9) Ventilation. The marijuana cultivation area shall include a ventilation and filtration system designed to ensure that odors from the cultivation are not detectable beyond the residence or property line of the detached single-family residence, and designed to prevent mold or moisture as well as otherwise protect the health and safety of persons residing in the residence. This shall include, at a minimum, a system meeting the requirements of the California Building Code Section 1203.4, Natural Ventilation, or Section 402.3, Mechanical Ventilation, as may be amended from time to time. (10) Storage of chemicals. Any chemicals used for marijuana cultivation shall be stored outside of the habitable areas of the residence and outside of public view from neighboring properties and public rights-of-way. (11) Nuisance. The marijuana cultivation area shall not: (a) Adversely affect the health, safety, or comfort of nearby residents by creating dust, glare, heat, noise, noxious gasses, odor, smoke, traffic, vibration, or other impacts; or (b) Be hazardous due to the use or storage of materials, processes, products, waste, or from other activities related to cultivation. (12) Property owner authorization. For rental property, the lessee/tenant shall obtain written notarized authorization from the property owner prior to cultivating marijuana and shall maintain a copy of said authorization at the location of the cultivation at all times. (13) Notification. The owner and any lessee of the residence upon which cultivation will occur shall inform the Tulare Police Department of the intent to cultivate marijuana and pick up a handout setting forth the owner and lessee responsibilities under this section. This notification shall be provided prior to the commencement of the cultivation, except that for cultivation existing at the time this chapter is adopted, the information shall be provided within ten calendar days of the effective date of this chapter. The Tulare Police Department may direct the owner and/or renter/lessee to the City of Tulare Building/Planning Department for more information about Building Code and permit requirements that may be applicable ifalterations or additions to the residence are contemplated. The Tulare Police Department and City of Tulare Building/Planning Department shall keep patient information confidential to the extent required by law. (14) Additional requirements for garages and accessory buildings. The following additional requirements shall apply for personal use cultivation that occurs in a garage or accessory building: the garage or accessory building shall be secure, locked, and fully enclosed, with a ceiling, roof or top, and entirely opaque. The garage or building, including all walls, doors, and the roof, shall be constructed with a firewall assembly of green board, meeting the minimum Building Code requirements for residential structures, and include material strong enough to prevent entry except through an open door. (15) Inspections. The cultivation operation shall be open for inspection by any law enforcement officer or City of Tulare Code Enforcement Officer between the hours of 8:00 a.m. and 9:00 p.m. seven days a week, or at any time up

board, meeting the minimum Building Code requirements for residential structures, and include material strong enough to prevent entry except through an open door. (15) Inspections. The cultivation operation shall be open for inspection by any law enforcement officer or City of Tulare Code Enforcement Officer between the hours of 8:00 a.m. and 9:00 p.m. seven days a week, or at any time upon responding to a call for service related to the property where the cultivation is occurring.

(16) Posting of physician recommendation or identification card and owner permission. A copy of a qualified patient's physician recommendation or identification card shall be posted in a conspicuous place in the cultivation area for each patient residing in the residence that is cultivating medical marijuana. (a) For rental properties, a copy of the property owner's written and notarized authorization to cultivate marijuana, with the property owners name and contact information clearly identified thereon, shall be posted in a conspicuous place in the cultivation area. (17) Collective or cooperative cultivation. The collective or cooperative cultivation of medical or recreational marijuana shall be prohibited in the City of Tulare. (1995 Code, § 7.48.040) (Ord. 17-12, passed 12-19-2017; Ord. 15-13, passed 1-19-2016; Ord. 05-1999, passed - -2005)

(A) Any person who violates any provisions of this chapter which are declared to be unlawful shall be guilty of a misdemeanor, subject to a penalty of imprisonment in the county jail for a period not to exceed six months, or by a fine not to exceed $1,000 or both, for each violation. Notwithstanding the classification of a violation of this chapter as a misdemeanor, at the time an action is commenced to enforce the provisions of this chapter, the trial court, upon recommendation of the prosecuting attorney, may reduce the charged offense from a misdemeanor to an infraction. (B) Any person convicted of an infraction under this chapter shall be punished by: (1) A fine not exceeding $250 for a first violation; (2) A fine not exceeding $500 for the second violation of this chapter within one year; and (3) A fine not exceeding $1,000 for each additional violation of this chapter within one year. (1995 Code, § 7.48.050) (Ord. 17-12, passed 12-19-2017; Ord. 15-13, passed 1-19-2016; Ord. 05-1999, passed - -2005)