Yuba County Municipal Code Art. 2 Definitions

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

A. 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; or any 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. For the purpose of this Chapter, cannabis does not mean industrial hemp as defined by § 11018.5 of the Health and Safety Code.

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. Commercial cannabis activities means all activities as defined in § 26001 of the Business and Professions Code including the cultivation, possession, manufacture, distribution, processing, storing, laboratory testing, packaging, labeling, transportation, delivery or sale of cannabis or cannabis products, and including all activities related to cannabis that are not considered personal use.

E. 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.

F. County means the County of Yuba.

G. Cultivation for the purpose of this Chapter, means any activity involving the planting, growing, harvesting, drying, curing, grading, trimming, processing, or storage of one or more cannabis plants or any part thereof.

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. 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.

J. Personal use for this Chapter means a person 21 years, or older who, for purposes of personal use only, possesses, processes, transports, purchases, obtains, or gives away without any compensation or consideration in return, not more than 28.5 grams of cannabis not in the form of concentrated cannabis and not more than eight grams of concentrated cannabis. Personal use for this Chapter includes a person 21 years or older who, for purposes of personal use, possesses, plants, cultivates, harvests, dries, or processes not more than six living cannabis plants and possesses the cannabis produced by those six plants. The restrictions on personal use as it relates to the six plants referenced in the foregoing sentence means any combination of permitted personal use activities. Nothing in this section shall be construed to allow any person or entity to possess, plant, cultivate, harvest, dry, or process—in any combination—more than six cannabis plants, either alive or dead.

K. Sheriff or Sheriffs Office means the Yuba County Sheriffs Office or the authorized representatives thereof.

(Ord. No. 1568)