It is unlawful for any person, or for the officers, agents,
servants or employees of any such person, directly or indirectly,
individually or by agent, servant or employee, to solicit any person
injured as result of an accident, his or her administrator, executor,
heirs or assigns for the purpose of representing such person in making
claims for damages or prosecuting any action or cause of action arising
out of any personal injury claim against any other person.
(Prior code § 9.72)
Note: Prior ordinance history: 16-02, 08-09.
The purpose of this chapter is to regulate personal, medical,
and commercial marijuana uses. Nothing in this chapter shall preempt
or make inapplicable any provision of state or federal law.
(16-09; 16-11)
For purposes of this chapter, the following definitions shall
apply:
includes the cultivation, possession, manufacture, distribution,
processing, storing, laboratory testing, labeling, transportation,
distribution, delivery or sale of marijuana and marijuana products
for commercial purposes, but does not include any medical marijuana
activity permitted by California law.
means any activity involving the planting, growing, harvesting,
drying, curing, grading, or trimming of marijuana.
means the commercial transfer of marijuana or marijuana products
to a customer. "Delivery" also includes the use by a retailer of any
technology platform owned and controlled by the retailer, or independently
licensed under California law, that enables customers to arrange for
or facilitate the commercial transfer by a licensed retailer of marijuana
or marijuana products.
means the procurement, sale, and transport of marijuana and
marijuana products between entities for commercial use purposes.
means the holder of any state issued license related to marijuana
activities, including but not limited to, licenses issued under Division
10 of the Business & Professions Code.
means to compound, blend, extract, infuse, or otherwise make
or prepare a marijuana product.
means all parts of the plant Cannabis sativa L., whether
growing or not; the seeds thereof; the resin extracted from any part
of the plant; and every compound, manufacture, salt, derivative, mixture,
or preparation of the plant, its seeds or resin. It does not include:
Industrial hemp, as defined in Section 11018.5 of the California
Health & Safety Code; or
The weight of any other ingredient combined with marijuana to
prepare topical or oral administrations, food, drink, or other product.
means any equipment, products or materials of any kind which
are used, intended for use, or designed for use in planting, propagating,
cultivating, growing, harvesting, manufacturing, compounding, converting,
producing, processing, preparing, testing, analyzing, packaging, repackaging,
storing, smoking, vaporizing, or containing marijuana, or for ingesting,
inhaling, or otherwise introducing marijuana or marijuana products
into the human body.
means marijuana that has undergone a process whereby the
plant material has been transformed into a concentrate, including,
but not limited to, concentrated cannabis, or an edible or topical
product containing marijuana or concentrated cannabis and other ingredients.
includes any individual, firm, co-partnership, joint venture,
association, corporation, limited liability company, estate, trust,
business trust, receiver, syndicate, or any other group or combination
acting as a unit, and the plural as well as the singular.
means a house, an apartment unit, a mobile home, or other
similar dwelling.
includes any transaction whereby, for any consideration,
title to marijuana is transferred from one person to another, and
includes the delivery of marijuana or marijuana products pursuant
to an order placed for the purchase of the same and soliciting or
receiving an order for the same, but does not include the return of
marijuana or marijuana products by a licensee to the licensee from
whom such marijuana or marijuana product was purchased.
Any term defined in this section also means the very term
as defined in the California Business & Professions Code or the
California Health & Safety Code, unless otherwise specified.
(16-09; 16-11)
A.
For
purposes of this subsection, personal recreational use, possession,
purchase, transport, or dissemination of marijuana shall be considered
unlawful in all areas of the City to the extent it is unlawful under
California or federal law.
B.
Outdoor
Cultivation. A person may not plant, cultivate, harvest, dry, or process
marijuana plants outdoors in any zoning district of the City. No use
permit, building permit, variance, or any other permit or entitlement,
whether administrative or discretionary, shall be approved or issued
for any such illegal use or activity.
C.
Indoor
Cultivation.
1.
A
person may not plant, cultivate, harvest, dry, or process marijuana
plants inside a private residence, or inside an accessory structure
to a private residence located upon the grounds of a private residence,
or inside any other enclosed structure within any zoning district
of the City. No use permit, building permit, variance, or any other
permit or entitlement, whether administrative or discretionary, shall
be approved or issued for any such use or activity.
2.
To
the extent a complete prohibition on indoor cultivation for personal
use is not permitted under California law, a person may not plant,
cultivate, harvest, dry, or process marijuana plants inside a private
residence, or inside an accessory structure to a private residence
located upon the grounds of a private residence, in excess of the
limitations imposed by such state law.
(16-09; 16-11)
A.
The
prohibitions set forth in this chapter are not intended to interfere
with the individual rights of qualified patients and primary caregivers
to cultivate, obtain or use marijuana for medical purposes as provided
for by the voters of the State of California under Proposition 215
and Senate Bill 420 of the California Legislature. Cultivation of
medical marijuana shall be subject to the requirements of Section
11362.77 of the California Health & Safety Code. Cultivation for
medical purposes in violation of Section 11362.77 is unlawful.
B.
The
establishment or operation of any medical marijuana dispensary, delivery
service, operator, or establishment shall be considered a prohibited
use in all zoning districts of the City. No use permit, variance,
building permit, or any other entitlement or permit, whether administrative
or discretionary, shall be approved or issued for the establishment
of any dispensary, delivery service, operator, establishment, or provider
in any zoning district, and no person shall otherwise establish such
businesses or operations in any zoning district.
(16-09; 16-11)
The establishment or operation of any business of commercial
marijuana activity is prohibited. No use permit, variance, building
permit, or any other entitlement or permit, whether administrative
or discretionary, shall be approved or issued for the establishment
or operation of any such business or operation. Such prohibited businesses
or operations may include, but are not limited to:
A.
The
transportation, delivery, storage, distribution, or sale of marijuana,
marijuana products, or marijuana accessories;
B.
The
cultivation of marijuana;
C.
The
manufacturing or testing or marijuana, marijuana products, or marijuana
accessories; or
D.
Any
other business licensed by the state or other government entity under
Division 10 of the California Business & Professions Code, as
it may be amended from time to time.
(16-09; 16-11)
A.
No person,
whether as principal, agent, employee or otherwise, shall violate,
cause the violation of, or otherwise fail to comply with any of the
requirements of this chapter. Every act prohibited or declared unlawful,
and every failure to perform an act made mandatory by this chapter,
shall be a misdemeanor or an infraction, at the discretion of the
City Attorney or the District Attorney. In addition to the penalties
provided in this section, any condition caused or permitted to exist
in violation of any of the provisions of this chapter is declared
a public nuisance and may be abated as provided in this Municipal
Code and/or under state law.
B.
As provided
for in this Municipal Code, any provision of this chapter may be enforced
by civil injunction issued by the Superior Court upon a suit brought
by the City. As part of a civil action filed to enforce provisions
of this chapter, this City may ask a court to assess a civil penalty
of $2,500 per violation of any section of this chapter for each day
during which any person commits, continues, allows or maintains a
violation of any provision of this chapter.
C.
A prevailing
party in any judicial action, administrative proceeding, or special
proceeding to abate a nuisance or enforce any provision of this chapter
may recover its reasonable attorneys' fees, provided that the City
elected, at the initiation of such individual action or proceeding,
to recover its own attorneys' fees. In no judicial action or administrative
proceeding shall an award of attorneys' fees to a prevailing party
exceed the amount of reasonable attorneys' fees incurred by the City
in the judicial action or administrative proceeding. A judicial action
includes, but is not limited to, any civil or criminal action, inspection
or abatement warrant, administrative proceeding, or appeal from an
administrative proceeding. "Abatement" shall include any action taken
by the City to cause or otherwise obtain compliance with this chapter
or other codes, as specified herein, even if the violation is ultimately
corrected by the violator. Any recovery of attorneys' fees for abatement
of a nuisance shall be in accordance with this chapter.
(16-09; 16-11)
