The purpose of this part 9 is to expressly prohibit the establishment of commercial cannabis uses in the city. The city council finds that prohibitions on commercial cannabis activity are necessary for the preservation and protection of the public health, safety and welfare of the city. The prohibition of such uses is within the authority conferred upon the city council by state law and is an exercise of its police powers to enact and enforce regulations for the public health, safety and welfare of the city. Nothing in this chapter shall be interpreted to conflict with state law, including without limitation the Compassionate Use Act, the Control, Regulate, and Tax Adult Use of Marijuana Act (AUMA) and the MAUCRSA, as may be amended.

(Ord. No. 793, § 13, 12-5-17)

A.

Commercial cannabis activity, whether or not for profit, is prohibited in all zones, specific plan areas, and overlay zones of the city. No person shall establish, operate, MAINTAIN, conduct, allow, or engage in commercial cannabis activity anywhere within the city.

B.

Use of a power generator to provide power to activities prohibited under this section is also prohibited and is a separate violation.

C.

Engaging in commercial cannabis activity that utilizes utility services without the required permits under title X of this Code is also prohibited and is a separate violation.

D.

A property owner shall not rent, lease, or otherwise permit any person or business that engages in commercial cannabis activity to occupy real property in the city. A property owner shall not allow any person or business to establish, operate, maintain, conduct, or engage in commercial cannabis activity on any real property owned or controlled by that property owner that is located in the city.

E.

This section 11-1.83.02 shall prohibit all activities for which a state license is required pursuant to the MAUCRSA, as the same may be amended from time to time. Accordingly, the city shall not issue any permit, license or other entitlement for any activity for which a state license is required under the MAUCRSA, as the same may be amended from time to time. The city shall also not issue any local license for any activity for which a state license is required under the MAUCRSA to a non-profit entity pursuant to California Business and Professions Code section 26070.5.

F.

To the extent not already prohibited above, all deliveries of cannabis or cannabis products, to or from any location in the city are expressly prohibited. No person shall conduct or perform any delivery of any cannabis or cannabis products which delivery either originates or terminates within the city. This subsection shall not prohibit any person from transporting cannabis through the jurisdictional limits of the city for delivery or distribution to a person located outside the city, where such transport does not involve delivery or distribution within the jurisdictional limits of the city.

G.

Cannabis cultivation by any person or entity, including clinics, collectives, cooperatives and dispensaries, is prohibited in all zones within the city's jurisdictional limits. No permit, whether conditional or otherwise, shall be issued for the establishment of such activity. No person, including a qualified patient or primary caregiver, shall cultivate any amount of cannabis in the city, even for medicinal purposes, except that this prohibition does not include the cultivation of six (6) or fewer live cannabis plants within a single private residence or fully enclosed accessory structure in accordance with Health and Safety Code section 11362.2, or for activities where the city is preempted by federal or state law from enacting a prohibition on such activity.

(Ord. No. 793, § 13, 12-5-17)

In addition to any other remedy available under law, each violation of this article is subject to the administrative citations and penalties provisions in title 1, chapter 5 of this Code. Notwithstanding the fine amounts set out in the penalty schedule for administrative fines (as adopted by city council resolution), the fine amounts for violations of this chapter shall be five hundred dollars ($500.00) for the first violation, seven hundred fifty ($750.00) for a second violation and, one thousand dollars ($1.000.00) for each additional violation of the same provision within one year of the first violation. Each activity that violates this chapter is a separate offense and violation of this chapter. These penalties and remedies are cumulative and in addition to any other penalties and remedies available to the city.

(Ord. No. 793, § 13, 12-5-17)

It is unlawful and it is declared to be a public nuisance for any responsible person to allow any commercial cannabis activity to operate on real property. Any use or condition caused, or permitted to exist, in violation of any provision of this article shall be, and hereby is declared to be, a public nuisance and may be abated by the city pursuant to the provisions outlined in chapter 16 (nuisance abatement) of title III of this Code.

(Ord. No. 793, § 13, 12-5-17)

The costs of public nuisance abatement may be recovered as set forth in this section 3-16.07 or other applicable law.

(Ord. No. 793, § 13, 12-5-17)

In addition to any abatement costs set out in section 11-1.83.05, failure to cease the illegal the commercial cannabis activity after notification will result in the penalties set forth in this article.

(Ord. No. 793, § 13, 12-5-17)

Nothing in this article is intended to limit the city's additional remedies for recovering damages and costs in accordance with any applicable law including, without limitation damages owed to the city pursuant for engaging in unlawful business practices in accordance with Business and Professions Code section 17200 et seq.

(Ord. No. 793, § 13, 12-5-17)

A.

The remedies provided by this chapter are cumulative and in addition to any other criminal or civil remedies provided by law.

B.

Where a civil action is filed, the prevailing party is entitled to reasonable attorneys' fees, but is limited by the amount of attorneys fees claimed by the city pursuant to Government Code section 38773.5, as set forth in section 3-16.09. If the court issues an order or a judgment which finds a public nuisance to exist, and orders or approves the abatement of the public nuisance, or where the court validates an accounting, the court will also award the city its actual costs of abatement, including, without limitation, reasonable attorneys' fees incurred by the city in such judicial proceeding.

(Ord. No. 793, § 13, 12-5-17)