Chapter 7.134
PERSONAL CULTIVATION OF CANNABIS FOR NONCOMMERCIAL RECREATIONAL USE

Sections:

7.134.010    Purpose.

7.134.030    Definitions.

7.134.050    Prohibited activities.

7.134.070    Restrictions related to personal cultivation of cannabis for noncommercial recreational uses.

7.134.090    Enforcement.

7.134.010 Purpose.

The purpose of this chapter is to provide, pursuant to California Health and Safety Code Section 11362.2, rules to regulate the noncommercial cultivation of the six living cannabis plants authorized to be grown under California Health and Safety Code Section 11362.1.

It is also the purpose of this chapter to mitigate the negative impacts and secondary effects associated with the cultivation of cannabis including, but not limited to, demands placed on law enforcement and administrative resources; neighborhood disruption; the exposure of children to cannabis; drug sales to minors and adults; robberies; burglaries; assaults; and other violent crimes.

This chapter is not intended to conflict with State law. It is the intention of the County that this chapter be interpreted to be compatible with State enactments and in furtherance of the public purposes that those enactments encompass. [Ord. 5242 § 1, 2017].

7.134.030 Definitions.

As used in this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section:

(A)    “Cannabis” means all parts of the plant Cannabis sativa L., as defined under the California Adult Use of Marijuana Act at Health and Safety Code Section 11018, as may be amended.

(B)    “Cannabis plant” means any mature or immature cannabis plant, or any cannabis seedling, unless otherwise specifically provided herein.

(C)    “Cultivation” or “cultivate” means the planting, growing, developing, propagating, harvesting, drying, and processing of cannabis plants or any part thereof.

(D)    “Enclosure” means an area fully surrounded by a fence, wall, or other solid barrier that prevents access to cannabis. Enclosures must be equipped with a locked gate or door.

(E)    “Private residence” means a house, apartment unit, mobile home, or other similar dwelling. [Ord. 5242 § 1, 2017].

7.134.050 Prohibited activities.

It is unlawful and shall constitute a public nuisance for any person to cultivate cannabis for his or her personal, noncommercial, recreational use in violation of the provisions of this chapter. [Ord. 5242 § 1, 2017].

7.134.070 Restrictions related to personal cultivation of cannabis for noncommercial recreational uses.

The following restrictions apply to any person who cultivates cannabis for his or her personal, noncommercial, recreational use:

(A)    No more than six cannabis plants may be cultivated at any one time at a single private residence.

(B)    Cultivation may only take place inside a structure or enclosure existing on the grounds of a private residence (structure, for purposes of this chapter, includes an ancillary structure such as a prefabricated shed or greenhouse).

(C)    Any structure or enclosure used for cannabis cultivation must be kept locked and secured to prevent unauthorized entry.

(D)    The private residence containing the cannabis plants must be occupied by, and the cannabis plants must be cultivated by, a person 21 years of age or older.

(E)    Cannabis plants must not be visible with normal unaided vision from a public place. [Ord. 5242 § 1, 2017].

7.134.090 Enforcement.

(A)    The County may pursue one or more of those alternatives set forth in SCCC 19.01.030(A) to enforce this chapter. It shall be a separate offense for each and every day during any portion of which any violation of, or failure to comply with, any provision of this chapter is committed, continued or permitted.

(B)    Notwithstanding the limitations on civil penalties set forth in SCCC 1.12.070(A)(2), civil penalties for violation of this chapter shall be assessed as follows:

(1)    A fine not exceeding $500.00 for a first violation.

(2)    A fine not exceeding $1,000 for a second violation of the same County Code provision within one year.

(3)    A fine not exceeding $2,500 for each additional violation of the same County Code provision within one year.

(C)    Whenever the County determines that a public nuisance as defined in this chapter exists at any location within the unincorporated area of Santa Cruz County, the County is authorized to issue a Notice of Violation pursuant to SCCC 1.12.070.

(D)    Nothing in this chapter shall be construed as imposing on the County of Santa Cruz any duty to issue a notice of violation, nor to abate any unlawful cannabis activity, nor to take any other action with regard to any unlawful cannabis activity, and the County shall not be held liable for failure to issue an order to abate any unlawful cannabis activity, nor for failure to abate any unlawful cannabis activity, nor for failure to take any other action with regard to any unlawful cannabis activity. [Ord. 5242 § 1, 2017].