Ordinances 2851 - Laserfiche WebLink

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C Cultivation of marijuaina is prohibited, except indoors at a private residence as authorized by Section 11362 2(a) of the California Health and Safety Code Marijuana grown indoors shall be completely screened from view from public places and neighboring properties Nothing in this Chaptei is intended to, nor shall this Chapter be construed to, preclude any owner of real property from limiting of prohibiting marijuana cultivation by such owner's tenants D No person shall smoke or ingest marijuana in any public place 18 18 040 Public Nuisance Declaied Marijuana cultivation, marijuana delivery, and the operation of any marijuana business or marijuana dispensary in violation of the provisions of this Code including, without limitation, this Chapter, is hereby declared a public nuisance and may be abated or enjoined pursuant to all remedies available to the City 18 18 050 Penalty fol Violation Violations of this Chapter may be enforced by any applicable law, provided, however, that a person who is in full compliance with the Compassionate Use Act (California Health and Safety Code Section 11362 5) ("CUA") and the Medical Maiijuana Program Act (California Health and Safety Code Section 11362 7 et seq ) ("MMPA") shall not be subject to criminal penalties and nothing in this Chapter is intended, not shall it be construed, to conflict with of burden any defense to crnnulal prosecution under the CUA and the MMPA Notwithstanding the foiegoing and in addition to the specific prohibitions set forth in this Code, this Chaptei is intended to prohibit all activities for which a license from the State of California is required and for which an exemption is granted under the Medical Marijuana Regulation and Safety Act (Stats 2015, c 689 (AB 266), Stats 2015, c 688 (AB 243), Stats 2015, c 719 (SB 643)) ("MMRSA") Accordingly, the City shall not issue any permit, license, approval of other entitlement for any activity for which a license from the State of California is required of for which an exerriptioin is gi anted under the MMRSA Notwithstanding the foregoing, nothing in this Chapter is intended of shall be interpreted as lnnuting the City's rights under all applicable laws, rules and regulations, mcludnng, but not limited to, its police powers and applicable case law, to regulate the storage, cultivation, selling, dehvery or other distribution of dispensing of marijuana or marijuana-related products " Section 3 The City Council finds that this ordinance is not subject to the California Enviromnental Quality Act ("CEQA") pursuant to CEQA Guidelines Sections 15060(c)(3) because this activity is not a project as defined by Section 15378 of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, and pursuant to CEQA Guidelines Section 15061(b)(3) because it can be seen with certainty that it will not have a significant effect of physical change to the enviroiunent 5 I\cclerk\Ordnlances\NOs 2800-2899 in Word12851 Medical Marijuana DJM Revised 9 5 17-clean doc