Yreka Municipal Code Art. I General Provisions

Pursuant to authority granted by Article XI Section 7 of the California Constitution, Section Business and Professions Code section 26200, Section 372 of the California Penal Code, California Code of Civil Procedure § 731 and California Civil Code §3491 the city council of the city of Yreka does hereby enact this chapter.

(Ord. No. 850, § 2, 9-7-2017)

The purpose and intent of this article is to regulate the cultivation of non-medical cannabis in a manner that protects the health, safety and welfare of the community. Health and Safety Code § 11362.2 authorizes the city to adopt reasonable regulations regarding the cultivation of non-medical cannabis inside a private residence or accessory structure to a private residence. That section also authorizes the city to completely prohibit the cultivation of non-medical cannabis outside, as long as the California Attorney General has not made a determination that the non-medical use of cannabis is lawful in California under federal law. The attorney general has not made such a determination.

This article is not intended to interfere with the right of an individual twenty-one years of age or over to cultivate non-medical cannabis, as provided for by Proposition 64, also known as the Control, Regulate and Tax Adult Use of Marijuana Act. This article is not intended to give any person independent legal authority to grow non-medical cannabis; it is intended simply to impose reasonable regulations on the cultivation of non-medical cannabis when cultivation is authorized by California state law.

Furthermore, it is the purpose and intent of this article to require that non-medical cannabis be cultivated only in appropriately secured, enclosed, and ventilated structures, so as not to be visible to the general public; to provide for the health, safety and welfare of the public; to prevent odor created by non-medical cannabis plants from impacting adjacent properties; and to ensure that cannabis grown in the city remains secured. Furthermore, the purpose of this ordinance is to prohibit non-medical cannabis commercial activity, sales, dispensing, distribution, delivery, testing and manufacturing within all zoning districts in the city.

(Ord. No. 850, § 2, 9-7-2017; Ord. No. 885, § 7, 10-21-2025)

The provisions of this chapter shall apply generally to all territory located the incorporated area of the city of Yreka, as from time to time, annexed and expanded.

(Ord. No. 850, § 2, 9-7-2017)

A. Regardless of whether an owner is in actual possession of his or her real property, it is the duty of every owner of real property within the incorporated area of city of Yreka to prevent a public nuisance from arising on, or from existing upon, his or her real property.

B. No person or entity shall cause, permit, maintain, conduct or otherwise allow a public nuisance as defined in this chapter to exist upon any property within their control and shall not cause a public nuisance to exist upon any other property within the incorporated limits of the city of Yreka. It shall be the duty of every owner, occupant, and person that controls any land or interest therein within the incorporated area of the city of Yreka to remove, abate and prevent the reoccurrence of any public nuisance upon such land.

(Ord. No. 850, § 2, 9-7-2017)