The city council finds as follows:
(1) 
Purpose and Intent. The purpose and intent of this article is to regulate the cultivation of cannabis for personal use in a manner that protects the health, safety and welfare of the residents who cultivate and the community consistent with state and federal law. This article is not intended to give any person unfettered legal authority to grow cannabis; it is intended to regulate the personal cultivation of cannabis when it is authorized by California law.
(2) 
Applicability. The cultivation of cannabis for personal use in the city of Willows shall be controlled and regulated by the provisions of this article. Cultivation of more than six cannabis plants is deemed commercial cultivation. All commercial cultivation is prohibited in the city of Willows pursuant to WMC § 9.20.034.
(3) 
Nonconflicting Enactment. No part of this article shall be deemed to conflict with federal law as contained in the Controlled Substances Act, 21 U.S.C. Section 800 et seq., nor to otherwise permit any activity that is prohibited under that Act or any other local, state or federal law, statute, rule or regulation.
(Ord. 736-17 § 7 (Exh. B), 11-28-2017)
As used herein the following definitions shall apply:
"Authorized grower"
means a natural person 21 years and older who is authorized by, and in compliance with, federal or state law to cultivate cannabis indoors for personal or medical use, and who obtains a permit from the city authorizing cultivation of cannabis for personal use.
"Cultivation"
means any activity involving the planting, growing, harvesting, drying, curing, grading, trimming, or otherwise processing of marijuana plants or any part thereof.
"Fully enclosed and secure structure"
means a fully enclosed space within a building that complies with the California Building Code ("CBSC"), as adopted in the city of Willows, or if exempt from the permit requirements of the CBSC, that has a complete roof, a foundation, slab or equivalent base to which the floor is secured by bolts or similar attachments, is secure against unauthorized entry, is accessible only through one or more lockable doors, and which interior is not visible from a public right-of-way or any other parcel of property. Walls and roofs must be constructed of solid materials that cannot be easily broken through, such as two-inch by four-inch nominal or thicker studs overlaid with three-eighths inch or thicker plywood or the equivalent. Plastic sheeting, regardless of gauge, or similar products do not satisfy this requirement. If indoor grow lights or air filtration systems are used, they must comply with the California building, electrical, and fire codes as adopted in the city of Willows.
"Immature plant"
means a cannabis plant, whether male or female, that has not yet flowered and which does not yet have buds that are readily observed by unaided visual examination.
"Indoors"
means within a fully enclosed and secure structure as that structure is defined in this section.
"Mature plant"
means a cannabis plant, whether male or female, that has flowered and which has buds that are readily observed by unaided visual examination.
"Outdoor"
means any location within the city of Willows that is not within a fully enclosed and secure structure as defined in this section.
"Parcel"
means real property assigned a separate parcel number by the Glenn County assessor.
"Permit"
refers to a permit issued to a person as described in this article. Only one permit may be issued for each parcel, without regard to the number of residents or qualified patients residing on that parcel.
"Permittee"
means any natural person holding a permit issued by the city of Willows to engage in cultivation of not more than six cannabis plants.
"Private residence"
means a house, apartment unit, mobile home, or other similar dwelling unit.
(Ord. 736-17 § 7 (Exh. B), 11-28-2017)
When authorized by state law, an authorized grower shall be allowed to cultivate cannabis only in a private residence or on the grounds of such residence, only indoors, and only for personal use, subject to the following regulations:
(1) 
The cannabis cultivation area shall be located indoors within a residential structure and shall not exceed 50 square feet and not exceed 10 feet in height, nor shall it come within 12 inches of the ceiling or any cultivation lighting. Cultivation in a greenhouse or other enclosed structure on the property of the residence but not physically part of the home is allowed, as long as it is fully enclosed, secure, not visible from a public right-of-way or other parcel of property, and meeting all requirements in this article.
(2) 
Not more than six cannabis plants, mature or immature, are permitted for personal cultivation at any one time under this article.
(3) 
Cannabis cultivation lighting shall not exceed 1,200 watts in total for the total cultivation area within the residence.
(4) 
Only one permit may be issued for each parcel, without regard to the number of residents or qualified patients residing in or on that parcel, and no more than six cannabis plants may be cultivated at any time on any parcel.
(5) 
An owner of real property may prohibit the cultivation of cannabis on such property.
(6) 
The use of gas products such as but not limited to CO2, butane, methane, or any other flammable or nonflammable gas for cannabis cultivation or processing is prohibited.
(7) 
There shall be no exterior visibility or evidence of cannabis cultivation outside the private residence, or other structure, from the public right-of-way or other parcel of property, including but not limited to any cannabis plants, equipment used in the growing and cultivation operation, odors and any light emanating from cultivation lighting.
(8) 
The permittee shall reside full-time in the residence where the cannabis cultivation occurs.
(9) 
The permittee shall not participate in cannabis cultivation in any other location within the city of Willows.
(10) 
The residence shall include fully functional and usable kitchen, bathroom, and bedroom areas for their intended use by the resident authorized grower, and the premises shall not be used primarily or exclusively for cannabis cultivation.
(11) 
The cannabis cultivation area shall be in compliance with the current adopted edition of the California Building Code Section 1203.4, Natural Ventilation, or Section 402.3, Mechanical Ventilation (or equivalent), as amended from time to time.
(12) 
The city's building official may require additional specific standards to meet the California Building Code and Fire Code, including but not limited to installation of fire suppression sprinklers or upgrade of electrical service.
(13) 
Cannabis cultivation shall not result in a nuisance or adversely affect the health, welfare, or safety of the resident or nearby residents by creating dust, glare, heat, noise, noxious gases, odors, fire danger, smoke, traffic, vibration, or other impacts, or be hazardous due to use or storage of materials, processes, products or wastes.
(14) 
Cannabis in excess of 28.5 grams produced by plants kept for indoor personal cultivation under this article must be kept in a securely-locked space on the grounds of the private residence which space is not accessible to minors and is not visible from the public right-of-way.
(Ord. 736-17 § 7 (Exh. B), 11-28-2017)
(1) 
Commercial cultivation of cannabis is prohibited in the city of Willows.
(2) 
Cultivation of more than six cannabis plants is prohibited in the city of Willows.
(3) 
Outdoor cultivation of cannabis is prohibited in the city of Willows.
(4) 
No person shall grow cannabis in the city of Willows until and unless they first secure a permit from the city of Willows and pay such fee(s) as may be required and set by resolution of the city council.
(5) 
It is hereby declared to be unlawful, a public nuisance and a violation of this article for any person owning, leasing, occupying, or having charge or possession of any parcel within the city to cause or allow such parcel to be used for the cultivation of marijuana, unless the person is authorized by state law to grow marijuana for a specifically authorized purpose within a private residence in a residential zone, and such authorized grower is complying with all requirements of this chapter.
(Ord. 736-17 § 7 (Exh. B), 11-28-2017)
It is hereby declared to be unlawful and a public nuisance for any person owning, leasing, occupying, or having charge or possession of any parcel within the city to create a public nuisance in the course of cultivating marijuana plants or any part thereof in any location, indoor or outdoor. A public nuisance may be deemed to exist, if:
(1) 
Such activity produces odors which are disturbing to people of reasonable sensitivity residing or present on adjacent or nearby property or areas open to the public;
(2) 
Such activity results in repeated responses to the parcel by law enforcement personnel;
(3) 
Such activity causes repeated disruption to the free passage of persons or vehicles in the neighborhood, excessive noise which is disturbing to people of normal sensitivity on adjacent or nearby property or areas open to the public;
(4) 
Such activity produces any other impacts on the neighborhood which are disruptive of normal activity in the area including, but not limited to, grow lighting visible outside the dwelling, excessive vehicular traffic or parking occurring at or near the dwelling, and excessive noise emanating from the dwelling; or
(5) 
There is growing and cultivation of marijuana outdoors or in such location as to visible by neighboring properties or the public rights-of-way.
(Ord. 736-17 § 7 (Exh. B), 11-28-2017)