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Lawndale City Zoning Code

CHAPTER 17

100 MARIJUANA USES PROHIBITED-PERSONAL CULTIVATION REGULATIONS

§ 17.100.010 Purpose and intent.

The purpose and intent of this chapter is to prohibit the establishment of marijuana dispensaries, commercial marijuana cultivation, outdoor personal marijuana cultivation, and other marijuana uses within the city, for commercial or personal use, or for any other reason, to the extent allowable under state law, including, but not limited to, enacting reasonable regulations pursuant to Health and Safety Code Section 11362.2, as amended.
(Ord. 1119-16 § 8; Ord. 1138-17 § 6)

§ 17.100.020 Definitions.

For purposes of this chapter, the following words and phrases shall have the following meanings:
"Accessory structure"
means a structure which is incidental or subordinate to the principal structure on the same site, or the use of which is incidental or subordinate to the use of the principal structure of the site.
"Cultivator"
means a person cultivating personal use marijuana pursuant to this chapter.
"Director"
means the city's community development director, or designee.
"Marijuana"
has the same definition as provided for in Business and Professions Code Section 19300.5(f) for the term "cannabis," as may be amended, defined as "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 marijuana. "Cannabis" also means marijuana as defined by Section 11018 of the Health and Safety Code as enacted by Chapter 1407 of the Statutes of 1972. "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.
"Marijuana cultivation"
means the growing, planting, harvesting, drying, curing, grading, trimming, processing or storing of one or more marijuana plants or any part thereof, whether for medical, personal, commercial or any other purpose. This definition includes any conduct that may be authorized by a permit issued by the state of California.
"Marijuana cultivation site"
means the private residence or accessory structure to that residence at which marijuana cultivation is occurring under the provisions of this chapter.
"Marijuana dispensary" or "marijuana dispensaries"
means any for-profit or not-for-profit cooperative, collective, facility, operator, establishment, provider, association or similar entity that cultivates, distributes, dispenses, stores, exchanges, processes, delivers, makes available, transmits and/or gives away marijuana in the city for any purpose, whether for medical, personal, commercial or any other use, including a mobile marijuana dispensary as defined in Chapter 5.80. This definition includes any conduct that may be authorized by a permit issued by the state of California.
"Marijuana distribution"
means the procurement, sale, and transport of marijuana and marijuana products between entities legally licensed to conduct such activity. This definition includes any conduct that may be authorized by a permit issued by the state of California.
"Marijuana manufacturing"
means to compound, blend, extract, infuse, or otherwise make or prepare a marijuana product, and includes a person that conducts the production, preparation, propagation, or compounding of marijuana or marijuana products either directly or indirectly or by extraction methods, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis at a fixed location that packages or repackages marijuana or marijuana products or labels or re-labels its container. This definition includes any conduct authorized by a permit that may be issued by the state of California.
"Marijuana testing laboratory"
means a laboratory, facility, or entity in the state, that offers or performs tests of marijuana or marijuana products, including the equipment provided by such laboratory, facility, or entity. This definition includes any conduct that may be authorized by a permit issued by the state of California.
"Person"
includes any individual, firm, co-partnership, joint venture, association, corporation, 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.
"Private residence"
means a house, an apartment unit, a mobile home, or similar dwelling. This definition includes the definition found in Health and Safety Code Section 11362.2(b)(5), as amended.
(Ord. 1119-16 § 8; Ord. 1138-17 § 6; Ord. 1144-17 §§ 3—8)

§ 17.100.030 Marijuana dispensaries prohibited.

A. 
Marijuana dispensary is not a permitted use and is prohibited in all zones throughout the city. No permit or any other applicable license or entitlement for use, nor any business license shall be approved or issued for the establishment, maintenance or operation of a marijuana dispensary within the city.
B. 
The establishment, maintenance, or operation of a marijuana dispensary within the city is declared to be a public nuisance and may be abated by the city either pursuant to the Lawndale Municipal Code or any other available remedies, including, but not limited to, declaratory relief and civil injunctions.
C. 
This section explicitly prohibits any use or activity within the city that may be authorized under a license issued by the state of California.
(Ord. 1119-16 § 8; Ord. 1138-17 § 6; Ord. 1144-17 § 9)

§ 17.100.040 Marijuana cultivation prohibited.

A. 
Marijuana cultivation is not a permitted use and is prohibited in all zones throughout the city. No permit or any other applicable license or entitlement for use, nor any business license shall be approved or issued for marijuana cultivation within the city.
B. 
Marijuana cultivation within the city is declared to be a public nuisance and may be abated by the city either pursuant to the Lawndale Municipal Code or any other available remedies, including, but not limited to, declaratory relief and civil injunctions.
C. 
This section explicitly prohibits any marijuana cultivation in the city that may be authorized under a license issued by the state of California.
D. 
This section does not apply to the indoor cultivation of six or fewer marijuana plants inside a private residence or accessory structure to such a private residence for personal use as authorized under Health and Safety Code Sections 11362.1(a)(3) and 11362.2, as may be amended, provided that the provisions of this chapter are otherwise complied with.
(Ord. 1119-16 § 8; Ord. 1138-17 § 6; Ord. 1144-17 § 10)

§ 17.100.050 Additional prohibited marijuana uses.

A. 
Mobile marijuana dispensaries and marijuana delivery are prohibited in the city, pursuant to Chapter 5.80 of this code (Mobile Marijuana Dispensaries and Marijuana Delivery Prohibited).
B. 
Marijuana Manufacturing Prohibited.
1. 
Marijuana manufacturing is not a permitted use and is prohibited in all zones throughout the city. No permit or any other applicable license or entitlement for use, nor any business license, shall be approved or issued for marijuana manufacturing within the city.
2. 
The establishment, maintenance, or operation of a marijuana manufacturing use within the city is declared to be a public nuisance and may be abated by the city either pursuant to the Lawndale Municipal Code or any other available remedies, including, but not limited to, declaratory relief and civil injunctions.
3. 
This section explicitly prohibits any marijuana manufacturing in the city that may be authorized under a license issued by the state of California.
C. 
Marijuana Testing Laboratory Prohibited.
1. 
Marijuana testing laboratory is not a permitted use and is prohibited in all zones throughout the city. No permit or any other applicable license or entitlement for use, nor any business license, shall be approved or issued for marijuana testing within the city.
2. 
The establishment, maintenance, or operation of a marijuana testing laboratory within the city is declared to be a public nuisance and may be abated by the city either pursuant to the Lawndale Municipal Code or any other available remedies, including, but not limited to, declaratory relief and civil injunctions.
3. 
This section explicitly prohibits any marijuana testing laboratory in the city that may be authorized under a license issued by the state of California.
D. 
Marijuana Distribution Prohibited.
1. 
Marijuana distribution is not a permitted use and is prohibited in all zones throughout the city. No permit or any other applicable license or entitlement for use, nor any business license, shall be approved or issued for marijuana distribution within the city.
2. 
Marijuana distribution within the city is declared to be a public nuisance and may be abated by the city either pursuant to the Lawndale Municipal Code or any other available remedies, including, but not limited to, declaratory relief and civil injunctions.
3. 
This section explicitly prohibits any marijuana distribution in the city that may be authorized under a license issued by the state of California.
(Ord. 1119-16 § 8; Ord. 1138-17 § 6; Ord. 1144-17 § 11—13)

§ 17.100.060 Personal cultivation of marijuana.

Marijuana may only be cultivated inside of a residence or an accessory structure to that residence that is in compliance with the fire code and all other applicable requirements of Title 15 of the Lawndale Municipal Code and Health and Safety Code Sections 11362.2 and 11362.3, as may be amended, including any artificial lighting and/or ventilation systems or other equipment used in connection with the cultivation.
(Ord. 1138-17 § 6)

§ 17.100.070 Personal cultivation of marijuana; regulations and standards.

A. 
Visibility and Odor—Other Security Regulations.
1. 
Visibility. All marijuana cultivation authorized by this section shall be conducted inside a private residence or accessory structure and in an area not visible from any neighboring property or any public right-of-way.
2. 
Odor. The odor resulting from all marijuana cultivation shall not be detectable by unaided human senses from any neighboring property or any public right-of-way.
3. 
Locks. Any private residence or accessory structure utilized for marijuana cultivation pursuant to this section shall be secured with locks to prevent unauthorized entry and/or theft.
B. 
Building and Health and Safety Standards.
1. 
Electricity Use. The collective draw from all electrical appliances at the marijuana cultivation site shall not exceed the maximum rating of the approved electrical panel for the primary legal residence at the marijuana cultivation site. The maximum rating shall be as established in the manufacturer specifications for the approved electrical panel.
2. 
Lighting. Any lighting fixture used for marijuana cultivation shall not exceed the rated wattage and capacity of the circuit breaker and shall be shielded so as to completely confine light and glare to the interior of the residence or accessory structure.
3. 
Humidity and Mold. Marijuana cultivation shall not create a humidity or mold issue within the private residence or accessory structure in violation of the building code, as adopted by the city, or the city's health and safety regulations, including, but not limited to, the property maintenance standards of the Lawndale Municipal Code.
4. 
Code Compliance. The private residence or accessory structure used for marijuana cultivation shall at all times be in full compliance with the city building code, electrical code, mechanical code, plumbing code, fire code, and any other requirement found in Title 15 of the Lawndale Municipal Code.
C. 
The city council may, by resolution, adopt additional regulations to further the purposes of this section. The city council may also delegate, by resolution, authority to adopt such regulations to the city manager or designee.
(Ord. 1138-17 § 6)

§ 17.100.080 Violation and enforcement-Public nuisance declared.

A. 
A violation of this chapter or noncompliance with any of the requirements of this chapter or applicable provisions of Title 17 (Zoning) of the Lawndale Municipal Code shall be subject to any criminal or civil enforcement remedies available under the law and the Lawndale Municipal Code. In addition, the city may enforce a violation of this chapter by means of civil enforcement through a restraining order, a preliminary or permanent injunction or by any other means authorized by law. Notwithstanding any other provision of this code, no conduct which is protected from criminal liability pursuant to state law, including Health and Safety Code Section 11362.1, 11362.2, 11362.5, or 11362.9 as these sections may be amended from time to time, shall be made criminal by this chapter.
B. 
Any violation of the provisions of this chapter is declared to be a public nuisance and may be abated by the city either pursuant to the Lawndale Municipal Code, including, but not limited to, Chapter 8.24 (Property Maintenance and Nuisance Abatement) or any other available remedies, including, but not limited to, declaratory relief and civil injunctions.
C. 
Any violation of Sections 17.100.030 through 17.100.070 of this chapter is punishable as an infraction pursuant to Section 1.08.030 of this code, or punishable as a misdemeanor pursuant to Section 1.08.020 of this code.
(Ord. 1119-16 § 8; Ord. 1138-17 § 6; Ord. 1144-17 § 14)