(a) 
Personal cultivation of cannabis is prohibited except when such cultivation conforms to the following minimum standards and any additional requirements imposed by Section 15.3 of Ordinance No. 352, the Tulare County Zoning Ordinance:
1. 
The cultivation of cannabis shall only be conducted indoors, within a Private Residence, or within a fully enclosed and secure structure on the grounds of the Private Residence.
2. 
A fully enclosed and secure structure used for the cultivation of cannabis that is an accessory structure on the grounds of the Private Residence shall be located in the rear yard area of the parcel. This requirement that cultivation occur only in the rear yard shall not apply to cultivation occurring in a garage.
3. 
The Private Residence or fully enclosed and secure structure where cultivation occurs shall be designed to restrict smells, odors, or smoke related to cannabis cultivation or consumption from being transmitted to an adjoining property or public areas.
4. 
From a public right-of-way, there shall be no exterior evidence of Cannabis cultivation or related processing activities occurring on the parcel.
5. 
Indoor grow lights shall comply with the California Building, Electrical, Mechanical, and Fire Codes as adopted by the County.
6. 
The individual engaged in cultivation activities (1) shall not engage in unlawful or unpermitted surface drawing of water for such cultivation, and (2) shall not illegally discharge water from the location where cultivation occurs.
7. 
Adequate mechanical locking systems (including deadbolts) to prevent unauthorized entry must be installed as part of the fully enclosed and secure structure where cannabis is cultivated prior to the commencement of cultivation.
8. 
Windows and roof hatches of the portion of the Private Residence or fully enclosed and secure structure must be secured with bars on the windows so as to prevent unauthorized entry, but must also be equipped with latches that may be released quickly from the inside to allow exit in the event of emergency.
9. 
Except where cultivating for a Qualified Patient under 21 years of age pursuant to the Compassionate Use Act (Proposition 215), the cannabis cultivation area, whether in a Private Residence or a fully enclosed and secure structure located on the grounds of a Private Residence, shall be secured from access by persons under 21 years of age.
10. 
All cannabis cultivation must be performed by the legal owner of the Private Residence where the cultivation is to be conducted, or a legal resident thereof. If the person cultivating the marijuana is not the legal owner of the Private Residence, the individual wishing to cultivate must obtain and keep a written and notarized consent form from the property owner before commencing any cultivation activities. The written and notarized consent form shall be kept at the location where cultivation occurs, and available for inspection by County officials, including the Sheriff, or his/her designee, and any County Code inspectors. If ownership of the Private Residence changes, the individual cultivating cannabis in the Private Residence or accessory structure must obtain, within 30 days of the change of ownership, a new notarized consent form from the new owner.
11. 
A portable fire extinguisher that complies with the regulations and standards adopted by the state fire marshal and applicable law shall be kept in the fully enclosed and secure structure used for cultivation of cannabis. If cultivation occurs in a Private Residence, the portable fire extinguisher shall be kept in the same room as where the cultivation occurs.
12. 
All indoor cultivation of cannabis and the structures in which the cultivation occurs must be in compliance with this Ordinance Code, any other applicable state or local law, ordinance or regulation, including any and all building, fire, electrical, mechanical, and plumbing codes adopted by the County of Tulare.
13. 
Cultivation of adult-use cannabis shall be limited to six (6) cannabis plants per Private Res-idence, regardless of whether the cannabis plants are cultivated inside the Private Residence, in a fully enclosed and secure structure that is an accessory structure located upon the grounds of a Private Residence, or some combination thereof. The limit of six (6) adult-use cannabis plants per Private Residence shall apply regardless of how many individuals reside at the Private Residence.
14. 
Cultivation of medicinal cannabis shall be limited to six (6) mature or twelve (12) immature cannabis plants per qualified patient and/or person with an identification card, regardless of whether the cannabis plants are cultivated inside the Private Residence, in a fully enclosed and secure structure that is an accessory structure located upon the grounds of a Private Residence, or some combination thereof. With respect to cultivation activities by primary caregivers, cultivation of medicinal cannabis shall be limited to six (6) mature or twelve (12) immature cannabis plants per qualified patient or person with an identification card. However, there shall be a maximum of twenty-four (24) cannabis cultivated plants in a Private Residence, regardless of the number of individuals residing at the Private Residence, and regardless of the purpose for which the cannabis is cultivated, except if such Private Residence is located in an area zoned for commercial cannabis activities.
(b) 
Any personal cannabis cultivation that does not comply with this subsection is unlawful and is hereby declared to be a public nuisance.
(Added by Ord. No. 3540, effective 9-14-18)
(a) 
Commercial cannabis activities are prohibited in the unincorporated areas, except those that comply with the following requirements:
1. 
Except as provided for in Section 5-11-2010(c) below, commercial cannabis activities conducted by M-licensees in accordance with State law, with a Premises located in the unincor-porated areas of Tulare County.
2. 
M-Licensees are prohibited from holding more than one of each of the following types of Licenses for Premises located in the unincorporated areas of Tulare County:
i. 
Type 1A (Cultivation; Specialty indoor; Small);
ii. 
Type 4 (Cultivation; Nursery);
iii. 
"Processor" (Cultivation);
iv. 
Type 10 (Retailer)
3. 
M-licensees are prohibited from cultivating more than ninety-nine (99) cannabis plants, whether mature or immature, on the Premises of the M-licensee.
4. 
Except as otherwise required by law, M-licensees with Premises in the unincorporated areas of Tulare County are prohibited from making deliveries of cannabis or cannabis products. Nothing herein shall be deemed to prohibit deliveries originating from M-Licensees with Premises located outside of the unincorporated areas of Tulare County.
5. 
Commercial cannabis activities must occur exclusively within a fully enclosed and secure structure that also meets the following requirements:
i. 
The exterior appearance of the structure where commercial cannabis activities are conducted is compatible with the exterior appearance of structures already constructed or under construction within the immediate area, and shall be maintained so as to prevent blight or deterioration, or substantial diminishment or impairment of property values within the immediate area.
ii. 
The structure where commercial cannabis activities are conducted must be secured from public access, and must comply with the requirements for locks and alarm systems, as required in California Code of Regulations, Title 16, sections 5046 and 5047.
iii. 
Interior building lighting, exterior building lighting, and parking area lighting will be of sufficient foot-candles and color rendition so as to allow the ready identification of any individual committing a crime on site at a distance of no less than forty feet.
iv. 
Windows and roof hatches of the structure must be secured with bars on the windows so as to prevent unauthorized entry, but must also be equipped with latches that may be released quickly from the inside to allow exit in the event of emergency.
v. 
Cannabis, cannabis products, and commercial cannabis activities must not be visible from the building exterior.
vi. 
The structure shall be designed to restrict smells, odors, or smoke related to cannabis cultivation, production, sales, or consumption from being transmitted to an adjoining property or public areas.
6. 
For cultivation activities, the M-licensee must comply with the following: (1) does not engage in unlawful or unpermitted drawing of surface water for such cultivation, (2) does not permit illegal discharges of water or wastewater from the Premises.
7. 
Commercial cannabis activities must comply with all requirements set forth in state or local laws, ordinances, and regulations, including, but not limited to:
i. 
All requirements and limitations in Ordinance No. 352, the Zoning Ordinance of Tulare County, including, but not necessarily limited to, Section 15.3; and
ii. 
Any and all building, fire, electrical, mechanical, and plumbing codes adopted by the County of Tulare.
(b) 
State Licenses:
1. 
The County does not issue licenses or permits to conduct commercial cannabis activities; however, no more than two (2) M-licensees (whether temporary or permanent) shall operate at any time in the unincorporated areas of the County of Tulare, each at a single discrete Premises which meets the requirements of this Chapter and of Ordinance 352, the Zoning Ordinance of Tulare County. Subject to the limitations outlined in Section 5-11-2010, subdivision (b)(2), below, whether a person is one of the two Licensees authorized by the State to operate in Tulare County shall be determined by the date a License for a Premises in the unincorporated areas is issued by the State, with first in time having priority.
2. 
However, medical marijuana collectives or medical marijuana cooperatives that have continuously operated in substantial compliance with all state and local laws, ordinances, and regulations (including the Compassionate Use Act of 1996 and its implementing laws) since before September 1, 2016, may be identified to the state for priority for obtaining state M-licenses to operate in Tulare County in accordance with Business and Professions Code section 26054.2. In order for the County to identify such prospective applicants, applicants must provide, within 90 days, and to the satisfaction of the Resource Management Agency Director or designee, all information necessary to confirm the location, nature, and longevity of a prospective applicants' operations, including, but not limited to: articles of incorporation or minutes of activities; lists of qualified patients, persons with identification cards, or primary caregivers participating with the collective or cooperative; participant physician recommendations; sketches or diagrams of the property with location of buildings on the property; statements attesting to the number of plants cultivated by the collective or cooperative; and any building or other permits obtained for the locations and activities at issue.
(c) 
Entities that claim to have been continuously operating as a medical marijuana collective or medical marijuana cooperative, in substantial compliance with all state and local laws, ordinances, and regulations since before the effective date of the ordinance codified in this section, must provide the information required in Section 5-11-2010, subdivision (d) and satisfy all application requirements of the State of California and its applicable State Licensing Agencies within 120 days of the effective date of the ordinance codified in this chapter, to avoid potential code enforcement for operating without an M-license.
(d) 
Within 30 days of the effective date of the ordinance codified in this chapter, or in advance of beginning commercial cannabis activities in the County, whichever occurs last, persons conducting commercial cannabis activities must provide the following information to Sheriff, or designee, or the Resource Management Agency (RMA) Director, or designee:
1. 
Name and contact information and name of agent for service of process (if different) of person/entity conducting commercial cannabis activities.
2. 
Address and map of Premises where commercial cannabis activities will be conducted.
3. 
Names of all Owners of the person/entity conducting commercial cannabis activities.
4. 
Once available, a copy of a state issued M-license for the appropriate type of activity.
5. 
If the person conducting commercial cannabis activities does not own the Premises and the parcel upon which the Premises are situated, a notarized consent form from the legal owners of the Premises and/or parcel.
Whenever there is a change in any of the information specified in this subparagraph (d) of Section 5-11-2010, the persons conducting the commercial cannabis activities must provide updated information to the Sheriff, or designee, or RMA Director, or designee, within seven (7) calendar days. Failure to provide such information or to provide updated information is a violation of this chapter, which the County will report to the State Licensing Agencies.
(e) 
The County prohibits onsite cannabis sales to, or consumption by, persons 21 years of age or older at a county fair or district agricultural association event.
(f) 
Nothing in this chapter should be construed to provide any right or entitlement to an M-license applicant or an M-licensee.
(Added by Ord. No. 3540, effective 9-14-18)
Any violation of Article 2 of Chapter 11 of Part V of this Ordinance Code is hereby declared to be a public nuisance, and is subject to abatement as provided in Chapter 1 of Part IV of this Ordinance Code.
(Added by Ord. No. 3540, effective 9-14-18)
Any violation of the provisions of Article 2 of Chapter 11 of Part V shall be a misdemeanor and shall be punishable as provided in section 125 of this Ordinance Code. Notwithstanding the foregoing, nothing in this Section shall be construed to criminalize an activity protected from arrest or prosecution under the Compassionate Use Act, the MMP, Proposition 64, or the MAUCRSA.
(Added by Ord. No. 3540, effective 9-14-18)