California law allows a person 21 years of age or older to cultivate for personal use up to six cannabis plants, subject to additional limitations. Health and Safety Code Section 11362.2(b)(1) authorizes a city to enact and enforce regulations to reasonably regulate such personal cultivation. The city of Willows establishes the following regulations to protect the health, safety and welfare of personal cultivators and the community at large, while not prohibiting or banning such personal cultivation.
(Ord. 736-17 § 7 (Exh. B), 11-28-2017)
Every person seeking to cultivate cannabis for personal use must first apply and be issued the appropriate permit to engage in such cultivation within the city of Willows. All such personal cultivation shall comply with this article.
(Ord. 736-17 § 7 (Exh. B), 11-28-2017)
(1) 
The form and content of the application for a residential cultivation permit shall be specified by the city manager and shall include, at a minimum, the following information sworn by the applicant to be true and correct under penalty of perjury:
(a) 
The name, address, and telephone number of the applicant, together with a photocopy of the applicant's driver's license or state-issued identification card.
(b) 
The address of the property on which the residential cultivation is proposed.
(c) 
Affirmation that the applicant is a full-time resident of the property on which the cultivation is proposed.
(d) 
The name, address and telephone number(s) of the owner(s) of such property, together with the notarized written consent of such owner if not the applicant.
(e) 
A description of the area within the property in which the cultivation is proposed to occur, including a floor plan, specifically identifying exit points, of the building in which the cultivation is proposed.
(f) 
A certification from a licensed electrician that the electrical service of the property is sufficient to service the proposed cultivation, and in compliance with all state and local building codes.
(g) 
Affirmation that the applicant does not cultivate cannabis in any other location within the city of Willows.
(h) 
Consent of the applicant for entry to the premises by the city of Willows for the purposes of inspection and verification, with or without notice.
(2) 
Together with a completed application, applicant shall pay a nonrefundable residential cultivation permit fee.
(3) 
The city council shall establish such residential cultivation permit fee, which may be adjusted from time to time, by resolution in such amount(s) as reasonably calculated to cover the city's costs incurred in processing such applications, conducting inspections, and enforcing the provisions of this article.
(4) 
The term of initially issued residential cultivation permits shall be one year.
(Ord. 736-17 § 7 (Exh. B), 11-28-2017)
(1) 
Applications for residential cultivation permits shall be filed with the city manager's office. Applications shall include all of the information required in WMC § 9.20.052, any other information reasonably requested by the city manager, and shall be accompanied by a nonrefundable residential cultivation permit fee. A request for additional information by the city manager shall be "reasonable" if it is intended to elicit more information or clarification about the applicant, property ownership, or other information related to the proposed location of the cultivation or the safety of such location and facility.
(2) 
If the city manager determines that the application is incomplete or has been completed improperly, the city manager shall notify the applicant within 10 days of application submittal. The city manager may grant the applicant an extension of up to 30 days to complete the application. In the event the applicant fails to provide the information necessary to complete the application within the extension granted by the city manager, the application shall lapse and the application fee shall be forfeited to the city of Willows.
(3) 
If the city manager determines that the residential cultivation permit application is complete and, on the face of the application, there appears to be no basis for denial of the permit, the city manager shall issue the residential cultivation permit.
(Ord. 736-17 § 7 (Exh. B), 11-28-2017)
(1) 
The holder of a residential cultivation permit shall, no less than 30 days prior to the expiration of the then-current permit, file an application for renewal of the permit. The application shall include all of the information, appropriately updated, required in the initial application, together with a residential cultivation permit renewal fee.
(2) 
Upon receiving a renewal application, the city manager shall determine whether the application is complete. If the city manager determines that the application is incomplete or has been completed improper1y, the city manager shall notify the applicant within 10 days. The city manager may grant the applicant an extension up to 10 days to complete the renewal application.
(3) 
If the city manager determines that the application is complete, and there are no grounds for denying the renewal application pursuant to this chapter, the city manager shall so notify the applicant. The city manager may then issue a renewal of the permit for a two-year period.
(Ord. 736-17 § 7 (Exh. B), 11-28-2017)
(1) 
Incomplete Application. If the application is incomplete, or remains incomplete upon the expiration of any extension, the city manager may deny the residential cultivation permit application or renewal thereof. If the city manager denies the application for this reason, written notice of denial shall be served on the applicant. Notwithstanding any provisions of this code to the contrary, the decision of the city manager shall be final and not subject to administrative appeal.
(2) 
Suspension of Permit.
(a) 
If the city manager deems continuation of the permittee's residential cultivation permit will cause a significant threat to the health, safety or welfare of the public, the city manager may suspend the permit and all rights and privileges thereunder. The permittee must immediately cease all cannabis cultivation immediately upon receiving notice of the suspension of his or her permit.
(b) 
The city manager shall give notice to the permittee of his or her intent to suspend a permit in the same manner as notice of permit denial and provide the city clerk with a copy of the notice.
(c) 
Such notification shall inform the permittee of the grounds for the suspension, together with action(s) necessary to cure or correct such grounds, including a period of time not to exceed 30 days for such cure or correction to be completed.
(d) 
Such suspension shall remain in effect, and the permit holder must cease all cannabis cultivation, unless and until the basis for which the suspension was imposed has been cured or corrected, and/or the term of the permit expires, in which event the permittee's authorization to engage in cultivation of cannabis for personal use has ended.
(3) 
Denial or Revocation of Permit.
(a) 
The granting of a residential cultivation permit or a renewal thereof may be disapproved, and an existing permit revoked if:
(i) 
The applicant or permittee has knowingly made a false statement in the application or in any reports or other documents furnished to the city.
(ii) 
The property owner withholds or revokes consent for the cultivation of marijuana on the property.
(iii) 
The permittee has violated the terms of this code or California law by cultivating more than six cannabis plants at any one time.
(iv) 
The permittee has engaged in the sale or distribution of cannabis or cannabis products.
(v) 
Excessive traffic, neighborhood and/or law enforcement activity at the location of the applicant's or permittee's cultivation of cannabis.
(vi) 
The granting or renewing of the permit would perpetuate or encourage any of the following:
(A) 
Engaging in the sale or distribution of cannabis or cannabis products;
(B) 
Providing cannabis or cannabis products to minors;
(C) 
Diversion of cannabis or cannabis products to jurisdictions outside of the state where cannabis and cannabis products are unlawful under state or local law;
(D) 
Trafficking of other illegal drugs or facilitation of other illegal activity;
(E) 
Violence and the use of firearms in the cultivation or distribution of cannabis and cannabis products;
(F) 
The applicant or permittee has been sanctioned by a licensing authority or other city or county for unauthorized commercial cannabis activity; or
(G) 
The applicant or permittee violates any provision of the MCRSA, AUMA, MAUCRSA, this article or any other permits issued by the city for cannabis activity.
(vii) 
The applicant or permittee has been convicted of an offense that is substantially related to the permittee's qualifications for safely cultivating cannabis for personal use with due care for the residents of the property and the community at large, which includes but is not limited to:
(A) 
A felony conviction for hiring, employing, or using a minor in transporting, carrying, selling, giving away, preparing for sale, or peddling any controlled substance to a minor; or selling, offering to sell, furnishing, offering to furnish, administering, or giving any controlled substance to a minor; or
(B) 
A felony conviction for drug trafficking with an enhancement pursuant to Health and Safety Code Section 11370.4 or 113798.
(viii) 
Failure to pay required city fees.
(b) 
Disapproval of Application. If the city manager disapproves an application for residential cultivation permit or renewal thereof, or revokes an existing permit, he or she shall notify the applicant in writing, stating the reasons for the disapproval. Notification of disapproval shall be delivered by first class mail to the applicant. Service of such notice shall be deemed complete two business days following the deposit of the notice in the U.S. mail. A copy of such notification shall be filed with the city clerk. No permit shall issue unless a successful appeal of the disapproval is made within the requisite time frame.
(c) 
A permittee whose permit is revoked must immediately cease all cannabis cultivation immediately upon receiving notice of the revocation of his or her permit.
(Ord. 736-17 § 7 (Exh. B), 11-28-2017)
(1) 
Within 15 days after the city manager serves notification of disapproval for any reason (other than incomplete applications), or revocation or suspension of an existing permit, an applicant/permittee may appeal the denial, revocation or suspension by notifying the city clerk in writing of the appeal, the reasons for the appeal, and depositing all applicable fees and costs associated with the appeal.
(2) 
The city clerk shall set a hearing on the appeal and shall fix a date and time certain, within 30 days after the receipt of the applicant's appeal, unless the city and the applicant agree to a longer time, to consider the appeal. The city clerk shall provide notice of the date, time and place of hearing, at least seven days prior to the date of the hearing.
(3) 
The city attorney shall appoint a hearing officer to hear the appeal and determine the order of procedure, and rule on all objections to admissibility of evidence. The applicant and the city manager shall each have the right to submit documents, call and examine witnesses, cross-examine witnesses and argue their respective positions. The proceeding shall be informal, and the strict rules of evidence shall not apply, and all evidence shall be admissible which is of the kind that reasonably prudent persons rely upon in making decisions.
(4) 
The hearing officer shall issue a written decision within 15 days after the close of the hearing. The decision of the hearing officer shall be final.
(Ord. 736-17 § 7 (Exh. B), 11-28-2017)
(1) 
A violation of this article shall be punishable as a misdemeanor, which shall be punishable by a fine not to exceed $500.00, or by imprisonment in the county jail for not more than six months, or by both fine and imprisonment. Each day of engaging in any of the prohibited activities shall constitute a separate offense.
(2) 
Notwithstanding the foregoing section, cultivation of more than six cannabis plants shall be a felony if:
(a) 
The offender had or has a serious violent felony(ies) on his or her record;
(b) 
The offender is a registered sex offender;
(c) 
The offender has two or more prior convictions for cultivating more than six marijuana plants; or
(d) 
The offender violates certain California environmental laws in their marijuana cultivation activities.
(3) 
Forfeit of the privilege of personal cultivation of cannabis in the city of Willows.
(4) 
The penalties herein are cumulative and not in place of any penalties, fines or costs imposed pursuant to WMC Title 8.
(5) 
Any violation of this article or regulation promulgated under this article is hereby declared to be a public nuisance.
(Ord. 736-17 § 7 (Exh. B), 11-28-2017)
(1) 
City Manager or Designee. Any action required by the city manager under this article may be fulfilled by the city manager's designee. In addition to city officers and employees, such designee may include, but is not limited to, officials of the Glenn County sheriff's office, attorneys or consultants.
(2) 
The city manager is authorized to coordinate implementation and enforcement of this article and may promulgate appropriate regulations for such purposes.
(Ord. 736-17 § 7 (Exh. B), 11-28-2017)
Any violation of this article is declared to be a public nuisance, subject to redress as provided for in this title.
(Ord. 736-17 § 7 (Exh. B), 11-28-2017)
(1) 
This title shall be enforced pursuant to the provisions of this chapter and WMC Title 8.
(2) 
The city manager shall, as he deems necessary, instruct the chief of police, Glenn County sheriff, fire chief, director of public works, or code enforcement officer to abate any nuisance caused by a violation of this article; the cost thereof to be levied and collected as provided for in WMC Title 8.
(Ord. 736-17 § 7 (Exh. B), 11-28-2017)
(1) 
Whenever an enforcement officer has reason to believe that a nuisance exists or that an inspection is necessary to enforce any provision of this article, the officer may enter the premises at any reasonable time to perform the inspection or any other duty imposed by this title. The enforcement officer shall provide reasonable notice of the need to enter and inspect. Notwithstanding the foregoing, in the event there is reasonable suspicion of the existence of a nuisance or violation that presents a threat of imminent danger to the health, safety or welfare of the permittee or the community at large, the enforcement officer or other city official may enter the premises at any time without notice, and the applicant shall consent to such entry as a condition of qualifying for the residential cultivation permit.
(2) 
The enforcement officer shall present proper identification, state the purpose of the visit and request permission of the owner or responsible person to enter the premises. If entry is refused, the enforcement officer shall have recourse to every remedy provided by law to secure entry. Any such refusal shall be grounds for suspension or revocation of the permittee's permit.
(3) 
When the enforcement officer has first obtained a proper inspection warrant or other remedy provided by law to secure entry, no owner or responsible person shall fail or neglect, after proper request is made as provided in this title, to promptly permit entry therein by the enforcement officer for the purpose of inspection and examination pursuant to this title.
(Ord. 736-17 § 7 (Exh. B), 11-28-2017)
Public nuisances in violation of this article may be abated by demolition, removal, destruction, suspension or revocation of permit, or other appropriate action as determined by the city manager. Such nuisances may be abated pursuant to Chapter 8.10 WMC or, in the event of imminent or immediate dangers to the health, safety, welfare and morals of the citizens of the city of Willows, summarily abated pursuant to WMC § 8.10.160.
(Ord. 736-17 § 7 (Exh. B), 11-28-2017)
(1) 
Violations reasonably deemed by the city to constitute imminent or immediate dangers to the health, safety, welfare and morals of the citizens of the city of Willows may necessitate immediate correction. Accordingly, such violations, conditions or uses may be summarily abated by the city pursuant to WMC § 8.10.160 and this article.
(2) 
Such abatement shall not occur unless the city manager and/or his/her designate finds, from a preponderance of the evidence, that such an imminent or immediate danger exists or is believed to exist on the basis of available evidence, and has provided or attempted to provide the owner of the property in question, or the person responsible for permitting the danger to occur, reasonable notice within which and direction to correct the condition, and the necessary corrective action has not taken place. Forty-eight hours shall be presumed to be reasonable notice in the absence of evidence to the contrary. Notice hereunder need not take any particular form, and may be dispensed with if the exigencies of the situation require immediate abatement and/or providing reasonable notice is impracticable.
(3) 
The cost and expenses of such summary abatement shall be made a lien on the property and shall be collected pursuant to the procedure found in WMC § 8.10.130 through § 8.10.150.
(Ord. 736-17 § 7 (Exh. B), 11-28-2017)
Nothing in the foregoing sections shall be deemed to prevent the city council from ordering the city attorney or Glenn County district attorney to commence a civil or criminal proceeding to abate a public nuisance under applicable Civil or Penal Code provisions as an alternative to the proceedings set forth herein. Nothing herein shall prevent the city from abating a nuisance pursuant to any other procedure established by city ordinance or state law.
(Ord. 736-17 § 7 (Exh. B), 11-28-2017)
(1) 
It shall be unlawful for any person to remove, deface, or mutilate any notice, order, statement, or resolution posted or required in this article.
(2) 
It shall be unlawful for any person to obstruct, impede, or interfere with any owner or his agent or with any representative of the city of Willows when engaged in performing any act reasonably necessary for the execution of the order of abatement.
(3) 
It shall be unlawful for an owner or occupant of any premises in the city to permit a condition declared by the city to be a public nuisance to exist upon the premises.
(4) 
Any person who shall violate this section shall be subject to the penalties set forth in WMC § 1.05.080.
(Ord. 736-17 § 7 (Exh. B), 11-28-2017)
The remedies and penalties provided herein are cumulative, alternative and nonexclusive. The use of one does not prevent the use of any other criminal, civil, or administrative remedy or penalty authorized by, or set forth in, the Willows Municipal Code. None of the penalties or remedies authorized by, or set forth in, the Willows Municipal Code shall prevent the city from using any other penalty or remedy under state statute which may be available to enforce this section or to abate a public nuisance. Violation of this article shall constitute a crime punishable as a misdemeanor or infraction in the discretion of the city attorney.
(Ord. 736-17 § 7 (Exh. B), 11-28-2017)
If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this article is for any reason held to be unconstitutional or invalid, such a decision shall not affect the validity of the remaining portions of this article. The city council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase of this article irrespective of the unconstitutionality or invalidity of any section, subsection, subdivision, paragraph, sentence, clause or phrase.
(Ord. 736-17 § 7 (Exh. B), 11-28-2017)