Yreka Municipal Code Art. II Definitions

Except where the context otherwise requires, the following definitions shall govern the construction of this chapter:

A. "Building official" means any person employed by the city of Yreka that has been delegated or assigned building inspection duties or building plan approval.

B. "City manager" means the city manager of the city of Yreka, California or his or her designee.

C. "Code" means the city of Yreka Municipal Code.

D. "Code enforcement officer" means any person employed by the city of Yreka that has been delegated or assigned code enforcement responsibilities.

E. "Commercial cannabis activity" means the cultivation, possession, manufacture, processing, storing, testing, labeling, transporting, distribution, delivery, or sale of cannabis for any business or income generation purposes.

F. "Costs of enforcement" or "enforcement costs" means the total cost incurred by the city in connection with a public nuisance including, but not limited to:

1. Any cost incurred in removing or remedying a public nuisance;

2. The actual expenses and costs of the city in preparation of notice and order, reconsideration, appeal and termination fees for administrative services rendered by the city in connection with the inspection, notification, prosecution and abatement procedures authorized by this code:

a. Notice and order, appeal and termination fees in such amounts as are determined from time to time by resolution of the city council;

b. Notice and order, appeal and termination fees based on services rendered by the city from the time of the initial complaint intake for the purpose of documenting a violation of this code until the violation is corrected;

c. The notice and order, appeal and termination fees are not intended to be a penalty imposed for violation of this code or other laws;

d. Specifications and contracts;

e. Any attorney's fees expended by the prevailing party related to the abatement of the nuisance, through inspection warrant, civil action or otherwise whenever the city elects, at the initiation of that individual action or proceeding, to seek recovery of its own attorneys' fees;

f. The cost of printings and mailings required under this code;

g. All costs or expenses to which the city may be entitled pursuant to Health and Safety Code Section 510 and other statutory entitlement;

h. All costs and expenses for which the city may be liable under state law arising from or related to the nuisance.

3. Any cost incurred by the city in collecting the costs enumerated in subsections 1 and 2 of this definition.

G. "City" means the city of Yreka.

H. "Chapter" or "ordinance" means this ordinance.

I. "Cultivation" means the planting, growing, harvesting, drying, processing, of one or more cannabis plants.

J. "Delivery" means the commercial transfer of non-medical cannabis or non-medical cannabis products to a person, including any technology that enables persons to arrange for or facilitate the commercial transfer of non-medical cannabis or nonmedical cannabis products.

K. "Enforcement official" means the code enforcement officer, city attorney or the city police, or the authorized officers or designees of either, each of whom is independently authorized to enforce this chapter.

L. "Fully enclosed and secure structure" means a space within a building that complies with the applicable building code, and has a complete roof enclosure supported by connecting walls extending from the ground to the roof, a foundation, slab or equivalent base to which the floor is secured by bolts or similar attachments, is secure against unauthorized entry, and is accessible only through one or more lockable doors. Walls and roof must be constructed of solid materials that cannot be easily broken through, and must be constructed with non-transparent material.

M. "Indoors" means inside a fully enclosed and secure structure or within a residential structure.

N. "Manufacture" means the production, preparation, propagation, or compounding of manufactured non-medical cannabis, or medical cannabis products either directly or indirectly or by extraction methods, or independently by means of chemical synthesis or by a combination of extraction and chemical synthesis at a fixed location that packages or repackages non-medical cannabis/medical cannabis or non-medical cannabis products or labels or relabels its container.

O. "Cannabis" or "cannabis plant," formerly "marijuana" or "marijuana plant," means all parts of the plant Cannabis sativa L. or Cannabis ruderalis, whether growing or not; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin. This definition shall also include the term "cannabis" as found in California Business and Professions Code, Section 26001(f), as may be amended from time to time. The term shall also replace the term "marijuana" as formerly used in this code. Any reference to marijuana within this code shall be read interchangeably as cannabis.

P. "Non-medical cannabis" means cannabis that is intended to be used for non-medical purposes pursuant to Health and Safety Code section 111362.1 et seq.

Q. "Non-medical cannabis products" means non-medical cannabis that has undergone a process whereby the plant material has been transformed into a concentrate, including, but not limited to, concentrated cannabis, or an edible or tropical product containing cannabis or concentrated cannabis and other ingredients.

R. "Outdoor" means any location within the city that is not within a fully enclosed and secure structure.

S. "Parcel" means any parcel of real property that may be separately sold in compliance with the Subdivision Map Act (commencing with Section 66410 of the Government Code) and also means parcels that are described, recorded and kept in official city records specifically including documents and maps used by the Siskiyou County Assessor's Office, the Siskiyou County Tax Collector's Office and the Siskiyou County Recorder's Office.

T. "Person" means any individual, partnership, co-partnership, firm, association, joint stock company, corporation, limited liability corporation, collective, cooperative, or combination thereof in whatever form or character.

U. "Private residence" means a house, an apartment unit, a mobile home or other similar dwelling.

V. "Police" or "police department" means the city of Yreka police Department or the authorized representatives thereof.

W. "Solid fence" means a fence constructed of substantial material, such as wood or metal, that prevents viewing the contents from one side to the other side of the fence.

X. "Testing" means any method of determining the concentration of cannabinoids, terpenoids, residual solvent, pesticides, microbiological, genetic components in non-medical cannabis, medical cannabis and/or non-medical and medical cannabis products which utilize in the process the application of chemicals to the cannabis substances or through the use of instrumentation such as the use of liquid chromatography, gas chromatography and other analytical instrumentation.

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