A. 
The City Council finds that the regulations on marijuana are necessary for the preservation and protection of the public health, safety, and welfare for the City and its community. The City Council’s regulation of such activities is within the authority conferred upon the City Council through state law.
B. 
The City Council finds that this chapter:
1. 
Expresses its intent to prohibit cultivation of marijuana in the City and to not administer a conditional permit program for the cultivation of marijuana in the City; and
2. 
Exercises its local authority to enact and enforce local regulations and ordinances, including those regarding the permitting, licensing, or other entitlement of the activities prohibited by this chapter; and
3. 
Exercises its police power to enact and enforce regulations for the public benefit, safety, and welfare of the City and its community; and
4. 
Expressly prohibits the delivery of marijuana in the City.
C. 
The intent of this chapter is to prohibit commercial marijuana activities and the personal cultivation of marijuana, whether medical or recreational in nature, to the maximum extent allowed under state law. Nothing in this chapter shall be interpreted as allowing behavior otherwise prohibited by state law and nothing in this chapter shall be interpreted as prohibiting conduct that the City is expressly preempted from prohibiting under state law.
For purposes of this chapter, the following definitions shall apply:
"Commercial marijuana activity"
means the cultivation, possession, manufacturing, distributing, processing, storing, laboratory testing, labeling, transporting, or selling of marijuana and marijuana products.
"Cultivation"
means any activity involving the growing, planting, harvesting, drying, curing, grading, trimming, or processing of marijuana.
"Delivery"
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, which enables customers to arrange for or facilitate the commercial transfer by a licensed retailer of marijuana or marijuana products.
"Dispensary"
means any business, office, store, facility, location, retail storefront, or wholesale component of any establishment, cooperative or collective that delivers whether mobile or otherwise, dispenses, distributes, exchanges, transmits, transports, sells, or provides marijuana or marijuana products to any person for any reason, including members of any medical marijuana cooperative or collective.
"Distribution"
means the procurement, sale, and transport of marijuana and marijuana products between entities for commercial or medical purposes.
"Licensee"
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 and Professions Code.
"Manufacture"
means to compound, blend, extract, infuse, or otherwise make or prepare a marijuana product.
"Marijuana"
means any or all parts of the plant Cannabis sativa Linnaeus, Cannabis indica, or Cannabis ruderalis, whether growing or not; the seeds thereof; the resin or separated resin, whether crude or purified extracted from any part of the plant; and every compound, manufacture, salt derivative, mixture, or preparation of the plant, its seeds or resin, including marijuana infused in foodstuff or any other ingestible or consumable product containing marijuana. The term "marijuana" shall also include "medical marijuana" and "nonmedical marijuana".
"Marijuana accessories"
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, vaporing, or containing marijuana, or for ingesting, inhaling, or otherwise introducing marijuana or marijuana products into the human body.
"Marijuana collective or cooperative"
means any group that is collectively or cooperatively cultivating, distributing, manufacturing, or processing marijuana.
"Marijuana processing"
means any method used to prepare marijuana or its byproducts for commercial retail and/or wholesale, including, but not limited to, dying, cleaning, curing, packaging, and extraction of active ingredients to create marijuana related products and concentrates.
"Marijuana products"
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.
"Person"
means 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.
"Private residence"
means a house, an apartment unit, or mobilehome, or other similar dwelling.
"Sale"
means 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 any 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 and Professions Code or the California Health and Safety Code, as it may be amended from time to time.
A. 
Outdoor Marijuana 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 entitlement, license or permit, whether administrative or discretionary, shall be approved or issued for any such use or activity.
B. 
Indoor Marijuana Cultivation. A person may not plant, cultivate, harvest, dry, or process marijuana plants inside any enclosed structure within any zoning district of the City, except indoors within a private residence or an accessory structure to a private residence, and for which such cultivation is limited to no more marijuana plants than the maximum number of marijuana plants allowed under California law. The private residence or accessory structure to a private resident must be fully enclosed, secure, and adhere to all applicable Health and Safety, Building, and Fire Codes, and reasonable limitations on the use of water consistent with the maximum number of marijuana plants allowed under California law.
C. 
Medical Marijuana Activity. The establishment or operation of any medical marijuana collective, cooperative, dispensary, operator, establishment, or provider 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 collective, cooperative, dispensary, operator, establishment, or provider in any zoning district and no person shall otherwise establish such businesses or operations in any zoning district.
D. 
Commercial Marijuana Activity. 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 not limited to:
1. 
The transportation, storage, distribution, or sale of marijuana, marijuana products, or marijuana accessories;
2. 
The cultivation of marijuana;
3. 
The manufacturing or testing of marijuana, marijuana products, or marijuana accessories;
4. 
Any other business licensed by the State or other government entity under Division 10 of the California Business and Professions Code, as it may be amended from time to time;
5. 
The sale of marijuana by businesses that also sell alcohol or tobacco.
E. 
Mobile Marijuana Activity. A person may not establish a marijuana dispensary or deliver marijuana in any vehicle used for transportation, or by any other means, within any zoning district of the City, even if located within an otherwise permitted use. 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 a mobile marijuana dispensary or delivery service.
F. 
Personal or Recreational Marijuana Activity. A person may not purchase, possess, transport, disseminate, smoke, or ingest marijuana or marijuana products where smoking tobacco is prohibited, and/or within 1,000 feet of City property, including, but not limited to, City facilities, parks, or buildings owned, leased, operated, maintained, or occupied by the City.
A. 
Any use or condition caused or permitted to exist in violation of any of the provisions of this chapter shall be and is hereby declared a public nuisance and may be abated by the City in accordance with Chapter 3.36 of this title, and subject to any and/or all available legal remedies, including, but not limited to, civil injunctions.
B. 
Any person violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor or an infraction, and upon conviction thereof shall be punishable by a fine of not more than $1,000.00, or by imprisonment in the County or City Jail for a period of not more than six months or both such fine and imprisonment.
C. 
Each person found guilty of a violation shall be deemed guilty of a separate offense for every day during any portion of which any violation of any provisions of this chapter is committed or continued, as provided for in this chapter, and any use, occupation, building or structure maintained contrary to the provisions hereof shall constitute a public nuisance.
A. 
Any violation of this chapter shall be subject to any available legal remedies to the City under any applicable local, state, federal statute, or pursuant to any other lawful power the City may possess.
B. 
Each day a violation is allowed to continue and every violation of this chapter shall constitute a separate violation and shall be subject to any and/or all available legal remedies.
C. 
In the event of any civil suit or action is brought by the City to enforce the provisions of this chapter, the prevailing party shall be entitled to recover the amount of its reasonable costs incurred in the action or proceeding, including, but not limited to, attorney’s fees.
If any part or subsection of this chapter is for any reason held to be invalid, unlawful, or unconstitutional, such invalidity, unlawfulness, or unconstitutionality by a court of competent jurisdiction, shall not affect the validity, lawfulness or constitutionality of any remaining portions of this chapter.