Chapter 8.10
HEMP CULTIVATION
Sections:
8.10.010 Definitions.
“Cultivation” means any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of industrial hemp.
“Industrial hemp” or “hemp” shall have the same meaning as that term defined in Section 11018.5 of the California Health and Safety Code.
“Outdoor cultivation” means the cultivation of plants that are not grown within a fully enclosed and secure structure, and where such plants rely primarily on the sun for photosynthesis. (Ord. 2020-3 § 1, 5-26-2020)
8.10.020 Prohibition.
Outdoor cultivation of industrial hemp is expressly prohibited in all zones within the City of Newman, and no permit shall be issued therefor. No person shall establish, engage in, conduct, or allow industrial hemp to be cultivated outdoors anywhere within the City. (Ord. 2020-3 § 1, 5-26-2020)
8.10.030 Enforcement.
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 Code of Civil Procedure Section 731 or any other remedy available to the City.
B. In addition to any other enforcement remedies permitted by this chapter, the City Attorney may bring a civil action for injunctive relief and civil penalties against any person or entity violating 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 pursuant to Chapter 8.05 NCC, Administrative Citation.
D. The remedies, fines, penalties and fees provided for under this section are cumulative, and shall not restrict the City from any other remedy to which it is entitled under law or equity. (Ord. 2020-3 § 1, 5-26-2020)