The following prohibitions apply to all property within the boundaries of the City of Broadview Heights, regardless of the zone, adopted specific plan, overlay zone or any other development or use classification or other designation of property:

   (A)   It is unlawful for any person to engage in the indoor or outdoor cultivation of medical and/or recreational marijuana except as otherwise provided for by Ohio law.

   (B)   It is unlawful for any person to establish or operate, or to allow, cause, create, suffer or permit the establishment or operation of a medical and/or recreational marijuana cultivation facility.

   (C)   It is unlawful for any person to engage in the processing of medical and/or recreational marijuana or to establish or operate, or to allow, cause, create, suffer or permit the establishment or operation of a medical and/or recreational marijuana processing facility.

   (D)   It is unlawful for any person to establish or operate, or to allow, cause, create, suffer or permit the establishment or operation of a medical and/or recreational marijuana dispensary.

   (E)   It is unlawful for any person to deliver medical and/or recreational marijuana, or to allow, cause, create, suffer, or permit the delivery of medical and/or recreational marijuana, except that a patient or caregiver as registered by the State Board of Pharmacy under R.C. § 3796.08 may engage in all activities allowed pursuant to R.C. §§ 3796.22 and 3796.23.

   (F)   No zoning permit, building permit, certificate of occupancy or any other permit shall be granted to a business for opening, using any land or devoting any floor area of the business for the purposes of operating a medical and/or recreational marijuana cultivation facility, processing facility or dispensary.

(Ord. 25-2019, passed 9-9-2019; Ord. 09-2024, passed 6-3-2024)

   (A)   Engaging in any activity or using property to engage in any activity, prohibited under this chapter constitutes a public nuisance subject to abatement.

   (B)   Notwithstanding any other provision of the zoning ordinances of the City of Broadview Heights, any person who violates this chapter shall be guilty of a misdemeanor of the first degree. Each day or any portion thereof that a person violates any provision of this chapter shall constitute a separate offense.

   (C)   Any enforcement action taken pursuant to this chapter shall not prejudice or adversely affect any other action, whether administrative, civil or criminal, that may be brought to abate the public nuisance or violation or to seek compensation for damages suffered. An administrative, civil, or criminal action may be brought concurrently with any other process regarding the same public nuisance or violation.

(Ord. 25-2019, passed 9-9-2019)