Yuba County Municipal Code Art. 2 Definitions

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

A. Accessory structure means a legally built attached garage, or a separately permitted building located on the same parcel as the residence.

B. Code means the Yuba County Ordinance Code.

C. Code Enforcement Officer means any person employed by the County of Yuba and appointed to the position of code enforcement officer.

D. Costs of enforcement or enforcement costs means all costs, direct or indirect, actual or incurred related to the performance of various administrative acts required pursuant to the enforcement of this Chapter, which include but are not limited to: administrative overhead, salaries and expenses incurred by County Officers, site inspections, investigations, notices, telephone contacts and correspondence, conducting hearings, as well as time expended by County staff in calculating the above expenses. The costs also include the cost of time and expenses associated with bringing the matter to hearing, the costs associated with any appeals from any decision rendered by any hearing body, the costs of judicially abating a violation and all costs associated with removing, correcting or otherwise abating any violation including administrative penalties of this Chapter.

E. County means the County of Yuba.

F. Cultivation for the purpose of this Chapter, means the planting, growing, harvesting, drying, processing, or storage of one or more marijuana plants or any part thereof, for medical and non-medical personal use. Defined area of cultivation means a single, indoor, area wherein all portions of cultivation are within one accessory structure or residence, the structure or residence is lockable, and is completely screened from public view.

G. Dwelling means a building intended for human habitation that has been legally established, permitted and certified as a single-family or multi-family dwelling.

H. Enforcement Official means the Code Enforcement Officer or the Sheriff, or the authorized deputies or designees of either, each of whom is independently authorized to enforce this Chapter.

I. Fence means a solid wall or a barrier connected by boards (redwood or cedar), masonry, rails, panels, or any other materials typically utilized for residential fences (subject to the approval of the Community Development and Services Agency) for the purpose of enclosing, securing, and screening space from public view. The term "fence" does not include retaining walls.

J. Indoors means within a fully enclosed structure, with a solid roof, and walls. The structure must be securable against unauthorized entry and constructed of solid materials such as ⅜ or thicker plywood, glass, or equivalent materials. Shade-cloth covered and plastic sheeting covered, regardless of gauge, or similar products do not satisfy this requirement.

K. Manufacture or manufacturing means compounding, converting, producing, deriving, processing, or preparing, either directly or indirectly by chemical extraction or independently by means of chemical synthesis, marijuana products.

L. Marijuana shall have the same meaning as § 11018 of the California Health and Safety Code. For the purposes of this Chapter, Marijuana shall include the terms: Medical marijuana, non-medical marijuana, recreational marijuana and/or cannabis and shall be limited to personal use and not for commercial purposes.

M. Marijuana plant means any mature or immature marijuana plant including the stalks of the plant.

N. Outdoors means any location that is not indoors within a fully enclosed and secure structure as defined herein.

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

P. Primary caregiver shall have the same meaning as primary caregiver as defined in the California Health and Safety Code, commencing with §§ 11362.5(e) and 11362.7(d), and as further defined in the California Supreme Court decision People v. Mentch (2008) 45 Cal. 4 th 274.

Q. Public view shall mean as viewed at ground level, without the use of a ladder or similar device, from any place the general public has a lawful right to be including the public right-of-way, a public way or neighboring premises.

R. Qualified patient shall have the same meaning as qualified patient as defined in the California Health and Safety Code, § 11362.7(f).

S. Residence shall have the same meaning as § 11362.2(b)(5) of the California Health and Safety Code. Residence shall be synonymous with dwelling.

T. Sheriff or Sheriff's office means the Yuba County Sheriffs Office or the authorized representatives thereof.

(Ord. No. 1542; Ord. No. 1563)