Yreka Municipal Code Art. 2 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" shall have the meaning set forth in Business and Professions Code section 19300.5(k).

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 chapter.

I. "Cultivation" means the planting, growing, harvesting, drying, processing, of one or more cannabis plants or any part thereof in any location, indoor or outdoor, including from within a fully enclosed and secure building.

J. "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.

K. "Cannabis" has the same meaning as that appearing in Business and Professions Code Section 26001. 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. The term "cannabis" or "marijuana" shall be used interchangeably and shall also include "medical marijuana" as such phrase is used in the August 2008 Guidelines for the Security and Non-Diversion of Marijuana Grown for Medical Use, as may be amended from time to time, that was issued by the office of the Attorney General for the state of California or subject to the provisions of California Health and Safety Code Section 11362.5 (Compassionate Use Act of 1996) or California Health and Safety Code Sections 11362.7 to 11362.83 (Medical Marijuana Program Act).

L. "Cannabis cultivation facility" means any business, facility, use, establishment, property, or location where the cultivation of cannabis occurs.

M. "Medical cannabis" is cannabis used for medical purposes where that medical use is deemed appropriate and has been recommended by a physician who has determined that the person's health would benefit from the use of cannabis in the treatment of acquired immune deficiency syndrome ("AIDS"), anorexia, arthritis, cancer, chronic pain, glaucoma, migraine, spasticity, or any other serious medical condition for which cannabis is deemed to provide relief as defined in subsection (h) of Health and Safety Code § 11362.7.

N. "Medical cannabis dispensary" means any business, facility, use, establishment, property, or location, whether fixed or mobile, where medical cannabis is sold, made available to, delivered to and/or distributed by or to three or more people. A "medical cannabis dispensary" does not include the following uses, as long as the location of such uses are otherwise regulated by this code or applicable law: a clinic licensed pursuant to Chapter 1 of Division 2 of the Health and Safety Code, a health care facility licensed pursuant to Chapter 2 of Division 2 of the Health and Safety Code, a residential care facility for persons with chronic life-threatening illness licensed pursuant to Chapter 3.01 of Division 2 of the Health and Safety Code, a residential care facility for the elderly licensed pursuant to Chapter 3.2 of Division 2 of the Health and Safety Code, a residential hospice, or a home health agency licensed pursuant to Chapter 8 of Division 2 of the Health and Safety Code, as long as any such use complies strictly with applicable law including, but not limited to, Health and Safety Code § 11362.5 and following.

O. "Cannabis processing" means any method used to prepare cannabis or its byproducts for commercial retail and/or wholesale, including but not limited to: drying, cleaning, curing, packaging, and extraction of active ingredients to create cannabis related products and concentrates.

P. "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.

Q. "Primary caregiver" shall have the same meaning as "primary caregiver" as defined in the California Health and Safety Code, commencing with Section 11362.7(d), and as further defined in the California Supreme Court decision People v. Mentch (2008) 45 Cal. 4th 274.

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

S. "Qualified patient" shall have the same meaning as "qualified patient" as defined in the California Health and Safety Code, commencing with Section 11362.7(f) as amended or supplanted.

T. "Medicinal non-storefront retailer (delivery only)" be as defined in section 5.30.020.

(Ord. No. 842, § 1, 6-2-2016; Ord. No. 885, § 6, 10-21-2025)