The following definitions shall apply in this chapter:
Appeals Board.
The city council of the city of Willows is designated to act as the appeals board.
"Cannabis"
means all parts of the plant Cannabis sativa Linnaeus, Cannabis indica, or Cannabis ruderalis, whether growing or not; the seeds thereof; the 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. "Cannabis" also means the separated resin, whether crude or purified, obtained from cannabis. "Cannabis" does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination. The terms "cannabis" and "marijuana" may be used interchangeably herein, and both shall have the meaning specified here.
"Cannabis business"
means a business or enterprise engaged in commercial cannabis activity.
"City manager"
shall mean the chief executive officer of the city of Willows or his or her designee.
"Commercial cannabis activity"
includes cultivation, possession, manufacture, distribution, processing, storing, laboratory testing, labeling, transportation, research and development, delivery or sale of cannabis or cannabis products for commercial purposes, whether for profit or nonprofit.
"Cultivation"
means any activity involving the planting, growing, harvesting, drying, curing, grading, trimming, or processing of cannabis.
"Deliver" or "delivery"
shall have the same meaning as set forth in California Business and Professions Code Section 26001 and California Health and Safety Code Section 11009. "Deliver" or "delivery" as used in this chapter shall not include the transfer of cannabis to a patient by a primary caregiver, or the transfer of bulk cannabis or cannabis product to a licensed dispensary or retail business for resale.
"Dispensary"
means a retail establishment, facility or location holding an M-license issued by the state of California where the primary purpose is to dispense medical cannabis or medical cannabis products. A "dispensary" shall not include dispensing of medical cannabis by primary caregivers to qualified patients in the following locations and uses, as long as the location of such uses is otherwise regulated by this code or applicable law: a qualified patient's or caregiver's place of residence, a clinic licensed pursuant to Cal. Health & Safety Code Division 2, Chapter 1, a health care facility licensed pursuant to Cal. Health & Safety Code Division 2, Chapter 2, a residential care facility for persons with chronic life-threatening illness licensed pursuant to Cal. Health & Safety Code Division 2, Chapter 3.01, a residential care facility for the elderly licensed pursuant to Cal. Health & Safety Code Division 2, Chapter 3.2, a residential hospice, or a home health agency licensed pursuant to Cal. Health & Safety Code Division 2, Chapter 8, as long as any such use complies strictly with applicable law including, but not limited to, California Health and Safety Code Section 11362.5 et seq.
"Enforcement officer"
shall mean any officer or employee, including his or her designee, with the authority to enforce this code, its adopted codes or applicable state codes.
"Hearing officer"
shall mean the hearing officer or officers appointed by the city manager. The hearing officer(s) may be a city employee, but in that event the hearing officer(s) shall not have had any responsibility for the investigation, prosecution or enforcement of this chapter and shall not have had any personal involvement in the proceeding to be heard within the past 12 months or possess any disqualifying interest in the outcome of the proceeding. In the event more than one person is appointed hearing officer for a proceeding, all decisions shall be made by a majority vote of all hearing officers.
"Highway"
means a way or place of whatever nature, publicly maintained and open to the use of the public for purposes of vehicular travel. "Highway" includes streets and alleys.
"Manufacture"
means to compound, blend, extract, infuse, or otherwise make or prepare a cannabis product.
"Marijuana"
as used in this chapter shall have the same meaning as "cannabis" set forth in this section. The terms "cannabis" and "marijuana" may be used interchangeably, and both shall have the meaning specified here.
"Marijuana processing"
means any method used to prepare marijuana or its byproducts for commercial retail and/or wholesale, including but not limited to: drying, cleaning, curing, packaging, and extraction of active ingredients to create marijuana-related products and concentrates.
"Medicinal or medical cannabis" or "medicinal or medical cannabis product"
means cannabis or a cannabis product, respectively, intended to be sold for use pursuant to the Compassionate Use Act of 1996 (Proposition 215), found at California Health and Safety Code Section 11362.5, by a medicinal cannabis patient in California who possesses an identification card issued by the California Department of Public Health.
"Notice and order or notice of violation"
shall mean the written notice provided to a responsible person to inform that person of a violation of this code, its adopted codes or applicable state codes.
"Nuisance"
means anything which is injurious to health, or is indecent or offensive to the senses, or an obstruction to the free use of property so as to interfere with the comfortable enjoyment of life or property, or unlawfully obstructs the free passage or use, in the customary manner, of any navigable lake, or river, bay, stream, canal, or basin, or any public park, square, street or highway.
"Permit"
refers to a permit issued to a person as described in Article III of Chapter 9.20 WMC.
"Permittee"
means any person or entity holding a permit issued by the city of Willows to engage in cultivation of not more than six cannabis plants in accordance with Article III of Chapter 9.20 WMC.
"Person"
includes any individual, firm, partnership, joint venture, association, corporation, collective, 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.
"Primary caregiver"
has the same meaning as in California Health and Safety Code Section 11362.7 and who holds a valid caregiver identification card issued by the California Department of Health.
"Private nuisance"
means every nuisance not applicable to "public nuisance."
"Public nuisance"
means any nuisance affecting at the same time an entire community or neighborhood, or any considerable number of persons, although the extent of the annoyance or damage inflicted upon individuals may be unequal.
"Qualified patient"
shall have the same definition as California Health and Safety Code Sections 11362.7(c) and (f).
"Responsible person"
shall mean either of the following:
(a) 
Any individual or legal entity who is the owner, tenant, co-tenant, lessee, sub-lessee, occupant or other person with any right to possession of the real property, owner or authorized agent of any business, company or entity, or the parent or the legal guardian of any person under the age of 18 years, who causes, permits or maintains a violation of this code, its adopted codes or applicable state codes.
(b) 
Any individual, legal entity or the parent or the legal guardian of any person under the age of 18 years, who causes, permits or maintains a violation of this code, its adopted codes or applicable state codes.
"Retail"
means the sale of either medical or nonmedical cannabis or cannabis products to the public in relatively small quantities for use or consumption rather than for resale.
"Retail business" or "retail/dispensary cannabis business"
means (a) the commercial activity of engaging in the retail sales of cannabis or cannabis products, or (b) the location upon or from which the retail sales of cannabis or cannabis products are made.
"School"
means an institution of learning for minors, whether public or private, which offers instruction in those courses of study required by the California Education Code or which is maintained pursuant to standards set by the State Board of Education. This definition includes a nursery school, kindergarten, elementary school, junior high school, senior high school, or a special institution of learning under the jurisdiction of the State Department of Education, or a site that is planned for such school uses in the city's general plan, but it does not include a vocational or professional institution or any institution of higher education, including a community or junior college, college or university.
"Vehicle"
means a device by which any person or property may be propelled, moved or drawn upon a highway, except a device moved by human power or used exclusively upon stationary rails or tracks.
"Youth-oriented facility"
shall mean elementary school, middle school, high school, public park, and any establishment that advertises in a manner that identifies the establishment as catering to or providing services primarily intended for minors, or the individuals who regularly patronize, congregate or assemble at the establishment are predominantly minors. This shall not include a licensed daycare or preschool facility that provides supervision of eight or fewer minor children, or children under 10 years of age.
(Ord. 736-17 § 3 (Exh. A), 11-28-2017; Ord. 746-19 § 3, 10-22-2019)
It is declared a public nuisance for any person owning, leasing, occupying or having charge or possession of any premises in the city to maintain upon such premises, or to permit, cause, or allow to exist on such premises, any condition which is detrimental to the public health, safety, or general welfare or which constitutes a public nuisance as defined by WMC § 8.10.010. Such conditions shall include but shall not be limited to the following:
(1) 
To maintain buildings or structures, or portions thereof, which are damaged, dilapidated, or inadequately or improperly maintained such that they are structurally unsafe, or do not provide adequate egress, or which constitute a fire hazard, or which are otherwise dangerous to human life or which in relation to existing use constitute a hazard to the public health, safety, or general welfare. This includes any building, structure or property which has been constructed or is maintained in violation of any specific requirement or prohibition applicable to the building, structure or property contained in the building regulations of this city or any law or ordinance of the city or state relating to the condition, location, maintenance or construction of buildings or property. Such buildings or structures shall include those which are abandoned hazardously or inadequately boarded up, partially destroyed, or in a state of partial construction.
(2) 
To maintain other conditions related to buildings, structures, walls, fences, or landscaping which are of a hazardous nature and require immediate correction, repair, or adequate and proper maintenance, including but not limited to the existence of broken glass in doors or windows which are located in an area of public access, surfaces showing evidence of dry rot, warping, termite infestation or graffiti; absence of paint, stain, varnish or similar coating intended to protect the weatherability of any structural member; doors, aisles, passageways, stairways, or other means of exit which do not provide a safe and adequate means of exit; any wall or other vertical structural member which lists, leans, or is buckled to such an extent that a plumbline passing through the center of gravity does not fall inside the middle one-third of the base; or any other condition which because of lack of proper sanitation or soundness, or as a result of dilapidation, decay, damage or faulty construction or arrangement, is likely to cause sickness, disease, or threat to the public health, safety, or general welfare; or to maintain any building or structure which has any of the following conditions or defects to a significant degree:
(a) 
Whenever any portion thereof has been damaged by earthquake, wind, flood, or by any other cause, in such a manner that the structural strength or stability thereof is appreciably less than the minimum requirements of this code for a new building or similar structure, purpose or location.
(b) 
Whenever any portion or member or appurtenance thereof is likely to fail, or to become detached or dislodged, or to collapse and thereby injure persons or damage property.
(c) 
Whenever any building, portion of a building, or any member, appurtenance or ornamentation on the exterior thereof is not anchored, attached, or fastened in place so as to be capable of resisting wind pressure and earthquake forces as specified in the building code without exceeding the working stresses permitted in the building code.
(d) 
Whenever any portion thereof has settled to such an extent that walls or other structural portions have materially less resistance to winds or earthquakes than is required in the case of new construction.
(e) 
Whenever the building or structure, or any portion thereof, because of dilapidation, deterioration, decay, faulty construction, or because of the removal or movement of some portion of the ground necessary for the purpose of supporting such building or portion thereof, or some other cause is likely to partially or completely collapse, or some portion of the foundation or underpinning is likely to fall or give way.
(f) 
Whenever, for any reason whatsoever, the building or structure, or any portion thereof, is manifestly unsafe for the purpose for which it is used.
(g) 
Any building whose structural members are not capable of resisting live load, dead load, wind load and earthquake load as specified in the building code.
(h) 
Whenever the building or structure has been so damaged by fire, wind, earthquake, or flood, or has become so dilapidated or deteriorated, as to become an attractive nuisance to children who might play therein to their danger, or as to afford a harbor for vagrants, criminals or immoral persons to resort thereto for the purpose of committing nuisance or unlawful or immoral acts.
(i) 
Any building or structure which has been constructed or which now exists or is maintained in violation of any specific requirement or prohibition, applicable to such building or structure, of the building regulations of this city, as set forth in the building code or Uniform Housing Code, or of any law or ordinance of this state or city relating to the condition, location or structure of buildings.
(j) 
Whenever the building or structure used or intended to be used for dwelling purposes has light, air, and sanitation facilities inadequate to protect the health, safety or general welfare of persons living within.
(k) 
Whenever any building or structure, by reason of obsolescence, dilapidated condition, deterioration, damage, electric wiring, gas connections, heating apparatus, or other cause, is in such condition as to be a fire hazard and is so situated as to endanger life or other buildings or property in the vicinity or provide a ready fuel supply to augment the spread and intensity of fire arising from any cause.
(3) 
To maintain land, the topography, geology, or configuration of property which, whether in a natural state or as a result of grading operations, causes erosion, subsidence, or surface water runoff problems of such magnitude to be injurious or potentially injurious to the public health, safety, or general welfare.
(4) 
To maintain vegetation, including but not limited to trees, shrubbery, or grass, cultivated or uncultivated, which is overgrown, dead, decayed, or diseased such that it is likely to harbor rats, vermin, insects, or other nuisances which are dangerous to the public health, safety, or general welfare; that constitutes a fire hazard; or that constitutes a flood hazard.
(5) 
To store any materials, equipment, vehicles (including trailers, campers, and boats), broken or discarded furniture or equipment (including refrigerators, freezers, and stoves), boxes, lumber, junk, trash, or debris in any yard area in such a manner or in such condition as to be detrimental to the public health, safety, or general welfare.
(6) 
To store trash or garbage cans, bins, boxes, or other such containers in other than single-family residential areas which are unclean, uncovered, or damaged in a front or side yard such that they may be visible from a highway as defined herein on other than regularly scheduled pick-up days and are detrimental to health, safety, or general welfare.
(7) 
To maintain attractive nuisances dangerous to children, such as excavations, ponds, pools, or unenclosed or empty swimming pools.
(8) 
To store, discharge, hold, handle, maintain, use or otherwise deal with hazardous, infectious or extremely hazardous wastes as defined by California Health and Safety Code Sections 25115, 25117, and 25117.5, respectively. "Hazardous" shall be defined by Health and Safety Code Section 25116.5 which states in part, "causing or significantly contributing to an increase in mortality or an increase in serious irreversible, or incapacitating reversible illness or posing a substantial present or potential risk to human health or the environment."
This includes the discharge or deposit of any source of hazardous, infectious or extremely hazardous waste into any sewer, storm drain or similar facility which will or may cause or result in the pollution of any underground or surface water. Examples include but are not limited to petroleum products, laboratory wastes, specimens (pathological or surgical), salt, or equipment.
Furthermore, any violation of federal, state, or local laws or regulations, including but not limited to California Health and Safety Code Sections 25100 through 25185, and all their respective amendments, shall constitute a public nuisance under this part.
(9) 
To keep any animal, reptile or insect in such a manner as to pose a threat, disturbance, danger or menace to persons or property of another or in a public right-of-way.
(10) 
To keep, operate or maintain any machinery which by reason of its dust, exhaust, noise or fumes creates a health or safety hazard.
(11) 
To maintain or fail to maintain the property, or any building or structure thereon, in such a condition so that it is defective, unsightly, or in such condition of deterioration or disrepair that it causes or will cause a health or safety hazard.
(12) 
To abandon or vacate any building or structure so that it becomes readily available to unauthorized persons.
(13) 
To maintain any building or structure in a state of partial construction where work is abandoned and for which a permit was issued and allowed to expire.
(14) 
To maintain on the property any accumulation of uncompacted fill over three feet in height over predominant grade and contrary to adjacent contour for any period of 72 hours.
(15) 
To maintain any of the following in front or side yards open to view from the street: packing boxes, broken or discarded furniture, household equipment or construction equipment/materials, clotheslines.
(16) 
Operation of any commercial activity in any zone without a business license and in direct violation of zoning, licensing and building codes regarding location, compatibility and occupancy.
(17) 
To disturb the peace, quiet and comfort of the community, or any portion thereof, or neighborhood therein, by creating or causing to be created any unreasonably loud, disturbing or unnecessary noises in the city. The provisions herein shall not apply to the ringing of church bells, the playing of music by a band, or the announcing of any show, entertainment, or event upon the public streets for which permission has been duly granted; or to any public celebration or public occasion generally celebrated.
(18) 
To cause, suffer or allow dense smoke, soot, ashes, or cinders to be discharged from any building, place, premises or motor vehicle within the city to such an extent that such smoke, soot, ashes or cinders are blown upon or fall upon adjacent property.
(19) 
Burning Offal, etc. For any person to burn or suffer or permit to be burned, upon any premises owned or controlled by him, any bones, feathers, offal, plush, hair, garbage, rags, wet or sodden paper or other substances in such a manner as to cause noxious odors or gas therefrom to taint the air and render it unwholesome or injurious to the health or offensive to the senses of the inhabitants of the city or any number of inhabitants thereof.
(20) 
To throw, deposit or place or allow or suffer to be thrown, deposited or placed on any public street or alley any metal cuttings, shavings, glass, thorny branches, clippings, rags, cans, papers, skins, garbage or other refuse in any unusual amount. It shall be unlawful for any person to trespass upon the land of another for the purpose of dumping on said land, garbage, refuse, junk, waste material or property of any kind or nature.
(21) 
For any person to maintain any toilet, washroom, bath or shower room for the use of the public, to allow any accumulation of filth or dirt in said facility.
(22) 
To permit trees, shrubs or other vegetable growth to be located with respect to driveways or intersections as to prevent a clear view of oncoming vehicles in sufficient time to bring said vehicles driving at a reasonable speed to a full stop before such driveway or intersection is reached.
(23) 
To store any refuse and waste matter, which by reason of its location and character is unsightly and interferes with the reasonable enjoyment of property by neighbors. Refuse and waste includes unused or discarded matter and which consists of such matter and material as: rubbish, refuse, debris and matter of any kind including but not limited to rubble, asphalt, concrete, plaster, crates, cartons, bricks, soil, building materials, tile, rocks, containers, boxes, machinery or parts thereof, scrap metal and other pieces of metal, ferrous or nonferrous, furniture, inoperative vehicles and parts, trimmings from plants, lumber, junk, trash, trees, cans, bottles and barrels and which is stored in such a manner or in such condition as to be detrimental to the public health, safety, or general welfare.
(24) 
To cultivate, maintain, process or store on the property cannabis without a permit from the city of Willows pursuant to Chapter 9.20 WMC.
(25) 
To cultivate, or allow the cultivation of, more than six cannabis plants on any single property in violation of Chapter 9.20 WMC.
(26) 
To cultivate, or allow to be cultivated, cannabis outdoors, or in an enclosed building or shed that is visible from the public rights-of-way or neighboring properties.
(27) 
To cultivate cannabis on any property on which the permit holder does not reside full time.
(28) 
Any other cannabis activity in violation of Chapter 9.20 WMC.
(Prior code § 9-31; Ord. 626-90, 11-27-1990; Ord. 736-17 §§ 4, 5, 11-28-2017)
The city manager shall, as he deems necessary, instruct the chief of police, fire chief, superintendent of streets, or building inspector to abate any nuisance; the cost thereof to be levied and collected as provided for the assessment and collection of the cost of weed removal.
(Prior code § 9-32; Ord. 626-90, 11-27-1990)
The owner or occupant of a lot or premises within the city who permits or allows the existence of a public nuisance, as defined in this chapter, upon a lot or premises owned, occupied or controlled by him, or who violates this chapter is guilty of a misdemeanor and upon conviction is subject to a fine of not more than $500.00 or imprisonment for a period of not exceeding six months, or both.
(Prior code § 9-34; Ord. 626-90, 11-27-1990)