Chapter 8.08
PERSONAL CULTIVATION OF MARIJUANA
Sections:
8.08.030 Residential indoor marijuana cultivation permit.
8.08.040 Application for residential indoor marijuana cultivation permit.
8.08.050 Cultivation rules and regulations.
8.08.060 Expiration and renewal of a residential indoor marijuana cultivation permit.
8.08.070 Suspension and termination.
8.08.080 Multiple RIMC applications.
8.08.100 Review and appellate authority.
8.08.010 Purpose.
The purpose of this chapter is to prescribe reasonable regulations for residential indoor marijuana cultivation (“RIMC”) pursuant to California Health and Safety Code Section 11362.2(b). (Ord. 2017-1 § 4, 7-11-2017)
8.08.020 Definitions.
A. “Applicant” means a person applying for a RIMC permit pursuant to NCC 8.08.030.
B. “Adult Use of Marijuana Act” or “AUMA” shall mean Proposition 64, now codified in State law.
C. “Caregiver” or “primary caregiver” shall have the same meaning as set forth in Health and Safety Code Section 11362.7.
D. “Cultivation” shall have the same meaning as set forth in Business and Professions Code Section 26001(e).
E. “Cultivation site” shall have the same meaning as set forth in Business and Professions Code Section 19300.5(1).
F. “Day care” means a facility, center, or home requiring a license that is issued by the State of California which provides for the care, health, safety, supervision, or guidance of a child’s social, emotional, and educational growth on a regular basis, in a place other than the child’s own home, or any facility meeting the definition of California Health and Safety Code Section 1596.76.
G. “Group home” means any community care facility regulated and licensed by a Federal or State agency. Unlicensed community care facilities or those community care facilities the regulation of which is not otherwise preempted by State or Federal law shall not constitute group homes.
H. “Marijuana” has the same meaning as set forth in Business and Professions Code Section 26001(s).
I. “Person” means an individual.
J. “Personal use” means to possess, use, or give away to persons 21 years of age or older without any compensation whatsoever.
K. “Private residence” has the same meaning as set forth in California Health and Safety Code Section 11362.2.
L. “Qualifying patient” or “qualified patient” shall have the same meaning as set forth in Health and Safety Code Section 11362.7.
M. “RIMC permit” means the permit for personal cultivation of marijuana issued pursuant to NCC 8.08.040.
N. “Youth center” means any public or private facility that is primarily used to host recreational or social activities for minors, including, but not limited to, private youth membership organizations or clubs, social service teenage club facilities, video arcades, or similar amusement park facilities. (Ord. 2017-1 § 4, 7-11-2017)
8.08.030 Residential indoor marijuana cultivation permit.
A. It shall be unlawful for any person to cultivate marijuana outdoors for personal use within the City.
B. It shall be unlawful for any person to cultivate marijuana within a private residence without first having secured a RIMC permit from the Community Development Department.
C. A person shall be limited to a maximum of one RIMC permit.
D. A RIMC permit is not transferable. The RIMC permit shall only be used by the permittee to whom it is issued.
E. A RIMC permit shall expire one year from the date of approval and may be renewed annually. (Ord. 2017-1 § 4, 7-11-2017)
8.08.040 Application for residential indoor marijuana cultivation permit.
A. An applicant shall be at least 21 years of age.
B. The RIMC permit application shall include all of the following:
1. Verification that the property owner or legal tenant is aware of the intended cultivation.
2. Identification of any chemicals, fertilizers, or pesticides that will be used to cultivate plants to aid public safety officials in case of an emergency response to the location.
C. An applicant shall pay a nonrefundable RIMC permit application fee as established by resolution of the City Council.
D. The City will provide written notification of the complete application to the applicant, indicating whether the application has been approved or denied.
E. Each applicant shall pass an inspection of their cultivation site by a City building inspector to ensure that the private residence meets the requirements of NCC 8.08.050 and does not pose a health or safety risk to the applicant or public. (Ord. 2017-1 § 4, 7-11-2017)
8.08.050 Cultivation rules and regulations.
A. A private residence shall not include more than one cultivation site.
B. A person shall not cultivate more than six living plants at a private residence. All marijuana plants and anything produced by the plants shall be kept within the permit holder’s private residence and not be visible by normal unaided vision from a public place.
C. A private residence shall not also be used for a day care, youth center, or group home.
D. Each of the following shall apply to the cultivation site:
1. The cultivation site shall be located within the private residence.
2. To prevent safety hazards, the private residence shall not have plumbing, electrical, or other utilities that violate applicable local, State, or Federal regulations.
3. To prevent persons under 21 years of age from entering the cultivation site, the cultivation site shall have one lockable door.
4. The cultivation site shall not produce odors, sounds, or other emissions that are detectable by persons with reasonable sensitivity.
E. All of the following shall be prohibited in the cultivation site:
1. Explosive gases, such as butane, propane, xylene, styrene, gasoline, kerosene, O2 or H2.
2. Dangerous poisons, toxins, or carcinogens, such as methanol, isopropyl alcohol, methylene chloride, acetone, benzene, toluene, and trichloroethylene, unless evidence of a current license to operate such solvents is provided.
3. Generators or gas products used to power electrical or lighting fixtures or equipment.
F. Multiple RIMC permit holders may cultivate marijuana at the same private residence; however, the private residence shall not include more than one cultivation site or more than a total of six plants at one time. (Ord. 2017-1 § 4, 7-11-2017)
8.08.060 Expiration and renewal of a residential indoor marijuana cultivation permit.
A. A RIMC permit may be renewed within no sooner than 60 days of expiration.
B. The RIMC permit holder shall pass a re-inspection of the cultivation site by the Community Development Department.
C. Renewal of a RIMC permit is subject to a renewal fee as approved by resolution by the City Council. (Ord. 2017-1 § 4, 7-11-2017)
8.08.070 Suspension and termination.
A. The City may suspend or terminate a RIMC permit at any time for failure to comply with this chapter, or State or Federal law or regulation.
B. If a person’s RIMC permit is suspended, terminated, or expired, the permit holder’s marijuana plants that exceed 28.5 grams may be impounded by the City.
C. A person may appeal any suspension or termination of a RIMC permit pursuant to NCC 8.08.100. (Ord. 2017-1 § 4, 7-11-2017)
8.08.080 Multiple RIMC applications.
A. Application for RIMC Permit in a New Private Residence. A RIMC permit holder may apply for a RIMC permit for a private residence other than the private residence specified on the existing permit. If the application is approved, the former RIMC permit shall be immediately null and void. If the application is denied, the existing RIMC permit shall continue under its applicable terms and conditions. If the applicant appeals a denial of the application, the existing RIMC permit shall continue under its applicable terms and conditions.
B. Application for a Different Cultivation Site within the Same Private Residence. If a current RIMC permit holder applies for a RIMC permit for the private residence on the existing permit but for a cultivation site other than specified on the existing permit, the existing permit will terminate upon approval of the application.
C. Application for the Same Cultivation Site in Same Private Residence.
1. If an additional person applies for a RIMC permit for the same cultivation site within the same private residence of a current RIMC permit holder, a permit shall not be issued if the existing permit has been terminated or suspended. If the RIMC permit is approved for the additional applicant, the total number of marijuana plants within a single private residence shall be limited to six. In no event shall the number of marijuana plants exceed six.
2. An additional RIMC permit for the same cultivation site shall only be issued if all RIMC permits related to that cultivation site are in good standing with the City. (Ord. 2017-1 § 4, 7-11-2017)
8.08.090 Severability.
If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this chapter, or any part thereof is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portion of this chapter or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases be declared unconstitutional. (Ord. 2017-1 § 4, 7-11-2017)
8.08.100 Review and appellate authority.
A. Applications for a RIMC permit shall be reviewed by the Community Development Director or his or her designee. The Community Development Director may approve or deny an application based on the requirements provided in this chapter or State law.
B. An applicant may appeal a decision by the Community Development Director to the City Manager or his or her designee within 15 days after receipt of the Community Development Director’s final decision. An applicant may appeal the City Manager’s decision to the City Council. (Ord. 2017-1 § 4, 7-11-2017)
8.08.110 Penalties.
A. Any use or condition caused, or permitted to exist, in violation of any provision of this chapter shall be, and hereby is declared to be, a public nuisance and may be summarily abated by the City pursuant to California Code of Civil Procedure Section 731 or any other remedy available to the City.
B. In addition to any other enforcement permitted by this chapter, the City Attorney may bring a civil action for injunctive relief and civil penalties against any person or entity that violates this chapter. In any civil action brought pursuant to this chapter, a court of competent jurisdiction may award reasonable attorney’s fees and costs to the prevailing party.
C. Violations of this chapter shall be subject to an administrative penalty. The amount of the administrative penalty shall be $250.00 for the first offense, $500.00 for the second offense, and $1,000 for any subsequent offense. (Ord. 2017-1 § 4, 7-11-2017)
8.08.111 Cost recovery.
A. The City shall be entitled to recover its abatement and enforcement costs incurred in obtaining compliance with this chapter. Costs incurred by the City are recoverable even if a public nuisance, City Code violation, or other violation of law is corrected by the property owner or other responsible party.
B. The cost of abating a public nuisance or enforcing this chapter shall either be a special assessment and lien on the subject property or the personal obligation of the owner of the subject property or the responsible party. If there is more than one responsible party, each party shall be jointly and severally liable for the costs.
C. For purposes of this chapter, the following additional definitions shall apply:
1. “Abatement costs” include the actual and reasonable costs incurred by the City to abate a public nuisance. These costs include all direct and indirect costs to the City that result from the total abatement action, including, but not limited to, investigation costs, costs to enforce the Municipal Code and any applicable Federal, State, or County law, clerical and administrative costs to process paperwork, costs incurred to provide notices and prepare for and conduct administrative appeal hearings, and costs to conduct actual abatement of the nuisance. Costs include personnel costs, administrative overhead, costs for equipment such as cameras and vehicles, staff time to hire a contractor, and reasonable attorney’s fees incurred by City.
2. “Enforcement costs” include all actual and reasonable costs incurred by the City to enforce compliance with the Municipal Code and any applicable Federal, State, County, or City public health and safety laws that are not included within abatement costs. Enforcement costs shall also include, but are not limited to, costs of fringe benefits for personnel, administrative overhead, costs of equipment, costs of materials, costs related to investigations, costs related to issuing and defending administrative or court citations, costs incurred investigating and abating violations of the Municipal Code or Federal, State, or County law violations, and reasonable attorney’s fees related to these activities.
3. “Responsible party” means a person or entity responsible for creating, causing, committing, or maintaining the violation of this chapter or Federal, State or County law.
4. “Subject property” means the real property that is the subject of any abatement or enforcement action by the City for which the City incurred costs and seeks recovery under this chapter. (Ord. 2017-1 § 4, 7-11-2017)