The purpose and intent of this chapter are to require that Cannabis, grown for any purposes including medical or non-medical use, be cultivated only in appropriately secured, enclosed, and ventilated structures, so as not to be visible to the general public, to provide for the health, safety and welfare of the public, to prevent negative impacts to property values, to prevent odor created by Cannabis plants from impacting adjacent properties, to prevent crime associated with Cannabis, and to ensure that Cannabis grown for medical purposes remains secure and does not find its way to nonpatients, minors, or illicit markets. It is not the intent of this chapter to create conflict or inconsistency between this chapter and (A) the Constitutions of the United States or the state of California; (B) the federal Controlled Substances Act; or (C) California law.

(Ord. No. 2017-05, § 2, 3-22-2017)

For purposes of this chapter, the following definitions shall apply, unless the context clearly indicates otherwise:

"Abatement" means the removal of Cannabis plants and improvements that support Cannabis maintained in violation of this Chapter 17.140.

"Bedroom" means a room inside a residential building being utilized by any person primarily for sleeping purposes.

"Cultivated area" means any area indoors that is the greater of either (A) the total area of a property that is densely or primarily occupied by Cannabis cultivation; or (B) one square foot per juvenile or mature Cannabis plant indoors on the property.

"Cultivation" or "Cannabis cultivation" means the planting, growing, harvesting, drying, or processing of Cannabis plants, or any part thereof.

"Fully enclosed and secure structure" means a space within a building, greenhouse or other structure which has a complete roof enclosure supported by connecting walls extending from the ground to the roof, which is secure against unauthorized entry, provides complete visual screening, and which is accessible only through one or more lockable doors and inaccessible to minors.

"Indoors" means within a fully enclosed and secure structure.

"Cannabis" means the plant Cannabis sativa L. and any of its derivatives that is six inches in height or taller, grown in accordance with state law.

"Outdoors" means any location within the city of Nevada City that is not within a fully enclosed and secure structure.

"Parcel" means property assigned a separate parcel number by the Nevada County assessor.

"Premises" means a single, legal parcel of property. Where contiguous legal parcels are under common ownership or control, such contiguous legal parcels shall constitute a single "premises" for purposes of this chapter.

"Person with an identification card" means "person with an identification card" as defined in Section 11362.7(c) of the Health and Safety Code, as may be amended from time to time.

"Primary caregiver" means a "primary caregiver" as defined in Section 11362.7(d) of the Health and Safety Code, as may be amended from time to time.

"Qualified patient" means a "qualified patient" as defined in Section 11362.7(f) of the Health and Safety Code, as may be amended from time to time.

"Rear yard" means the rear open space portion of any premises, whether fenced or unfenced.

"Residential structure" means any building or portion thereof legally existing which contains living facilities, including provisions for sleeping, eating, cooking, and sanitation on a premises or legal parcel located within a zoning district that allows residential uses.

"Solid fence" means a fence constructed of substantial material (such as wood or vinyl) that prevents viewing the contents from one side to the other.

(Ord. No. 2017-05, § 2, 3-22-2017)

All outdoor cultivation of Cannabis within the city is prohibited. 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 any zoning district in the city of Nevada City to cause or allow such parcel to be used for the outdoor cultivation of Cannabis.

(Ord. No. 2017-05, § 2, 3-22-2017)

A.

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 in the city of Nevada City to cause or allow such parcel to be used for the cultivation of Cannabis plants within a fully enclosed and secure structure on the parcel, except in compliance with this Section 17.140.040.

B.

All Cannabis cultivation authorized by authorized by Health and Safety Code Section 11362.1 shall be conducted indoors only and is subject to the restrictions set forth in Health and Safety Code Section 11362.2, all other state regulations, and the following City regulations:

1.

Cannabis cultivation is permitted only within fully enclosed and secure structures inaccessible to minors. A fully enclosed and secure structure used for the cultivation of Cannabis that is separate from the main residence on a premises must maintain a minimum 10-foot setback from any property line or the minimum set-back required under any other applicable provision of this Title 17 if such set-backs exceed 10 feet, and the area surrounding the structure must be enclosed by a solid fence at least six feet in height.

2.

Cannabis cultivation may not occur in both a detached structure and inside the primary residential structure on the same parcel. Only one cultivation area per private residence is allowed per parcel.

3.

Cannabis cultivation areas in a structure shall not be accessible to persons under 18 years of age. Cultivation areas shall be secured by lock and key or other security device which prevents unauthorized entry.

4.

Indoor cultivation of Cannabis shall not exceed 25 square feet, unless authorized by the Chief of Police as part of a request for cultivation for medical necessity under subdivision (C) of this Section.

5.

Cannabis cultivation lighting shall not exceed 1,200 watts and shall be shielded to confine light and glare to the interior of the allowable structure. All lighting use in the cultivation of Cannabis shall comply with the California Building, Electrical and Fire Codes as adopted by the city.

6.

The use of gas products (CO ₂ , butane, etc.) or generators for Cannabis cultivation or processing is prohibited.

7.

From a public right-of-way, there shall be no exterior evidence of Cannabis cultivation.

8.

The residence shall be occupied and is required to maintain a functioning kitchen and bathroom(s), and the use of primary bedrooms are for their intended purpose. These rooms shall not be used for Cannabis cultivation.

9.

Any Cannabis cultivation area located within a residence shall not create a humidity or mold problem in violation of Nevada City building and state health and safety codes.

10.

Any structure used for the cultivation of medical Cannabis must have proper ventilation to prevent mold damage and to prevent Cannabis plant odors or particles from becoming a public nuisance to surrounding properties or the public. A public nuisance may be deemed to exist if the cultivation produces odors which are disturbing to people of normal sensitivity residing or present on adjacent or nearby property or areas open to the public.

11.

The Cannabis cultivation area shall not adversely affect the health or safety of the nearby residents by creating dust, glare, heat, noise, smoke, traffic, vibration, or other impacts, and shall not be hazardous due to use or storage of materials, processes, products or wastes.

12.

Use, storage, or discharge into City wastewater facilities of any hazardous chemicals in the cultivation of Cannabis is strictly prohibited. "Hazardous chemicals" shall include, but is not limited to, any chemical or substance that is prohibited by the Federal Environmental Protection Agency or the California Department of Food and Agriculture.

13.

Water usage for cultivation of Cannabis under this Chapter shall not exceed any limitations imposed by federal, state, or local water restrictions.

14.

The Cannabis grower shall pay any applicable city taxes relating to Cannabis.

C.

Cannabis Cultivation for Medical Necessity. Any person within the City who is a qualified patient, person with an identification card, or primary caregiver and at least twenty-one (21) years of age may apply to the Chief of Police for authorization to cultivate more than six (6) living plants per private residence if he or she can demonstrate that there is medical necessity or the qualified patient or person with an identification card (or the primary caregiver on behalf of the foregoing) to cultivate more than six (6) living plants per private residence. The Chief of Police's determination shall be based on the following:

1.

Documentation of medical need, such as a physician's recommendation; and

2.

Inspection of the cultivation area by the chief of police or his or her designee to confirm that no health or safety concerns are present; and

3.

The chief of police or his or her designee may require additional specific standards to meet the California Building Code and Fire Code, including, but not limited to, installation of fire suppression sprinklers.

4.

Upon a determination that there is a medical necessity to allow the applicant to cultivate more than six (6) living plants at a private residence, the Chief of Police shall issue a determination in writing to the applicant that shall be valid for a period of one (1) year. It shall be the responsibility of the applicant to apply for another authorization to the Chief of Police annually.

5.

In no event shall the maximum number of living Cannabis plants cultivated on the grounds of a single private residence at one time exceed eighteen (18) living plants.

(Ord. No. 2017-05, § 2, 3-22-2017)

A.

Any violation of this chapter is hereby declared to be a public nuisance.

B.

A violation of this chapter may be abated by the city attorney, or other counsel retained by the City, by the prosecution of a civil action for injunctive relief and/or by the abatement procedure set forth in Chapter 8.04.

C.

The Chief of Police, or his or her designee (hereafter the "enforcement official"), is hereby authorized to order the abatement of any violation of this chapter by following the abatement procedure as defined in Chapter 8.04. In addition, the enforcement official may require any person owning, leasing, occupying, or having charge or possession of any parcel or property to personally abate and/or remove all medical Cannabis plants and improvements to the parcel and/or property that exceed the limits set by this chapter.

D.

The remedies provided herein are cumulative, alternative and nonexclusive. The use of one does not prevent the use of any others, including Chapter 8.04, and none of these remedies prevents the city from using any other remedy at law or in equity which may be available to enforce this chapter or to abate a public nuisance.

(Ord. No. 2017-05, § 2, 3-22-2017)