Nothing in this chapter shall be deemed to conflict with federal law as contained in the Controlled Substances Act, 21 U.S.C. Section 800 et seq., or to otherwise permit any activity that is prohibited under that Act or any other local, state or federal law, statute, rule or regulation.

Nothing in this chapter shall be construed to allow any conduct or activity relating to the cultivation, distribution, dispensing, sale or consumption of marijuana that is otherwise illegal under local or state law. No provision of this chapter shall be deemed to be a defense or immunity to any action brought against any person by the city, the Yuba County district attorney, the State Attorney General or the United States.

No person shall cultivate marijuana outdoors.

No person, including any qualified patient or primary caregiver, shall cultivate marijuana within a three hundred-foot radius of any park, school, child care center or day care center.

No person, including any qualified patient or primary caregiver, shall cultivate marijuana indoors except within a dwelling or fully enclosed structure that meets the requirements set forth in Section 10.61.040 and is registered with the city pursuant to Section 18.61.050.

Indoor grow lights in any dwelling or fully enclosed structure shall not exceed an aggregate of one thousand two hundred watts and shall comply with all applicable building code regulations. Gas products, including, without limitation, carbon dioxide, butane, propane methane or any other flammable or non-flammable gas, or generators shall not be used within any dwelling or any fully enclosed structure that is used for the cultivation of marijuana.

The area within a dwelling or fully enclosed structure that is used for the cultivation of marijuana shall not exceed fifty square feet. The marijuana cultivation area shall not exceed ten feet in height and shall not come within twelve inches of the ceiling of the dwelling or fully enclosed structure or of any grow lights used for indoor cultivation. No more than six plants may be grown for adult use, and no more plants may be grown for medical use than are needed by the qualified patient.

The marijuana cultivation area, including any marijuana plants, cultivation or growing equipment and light emanating from grow lights used for indoor cultivation, shall not be visible from outside the dwelling or fully enclosed structure. No exterior evidence of marijuana cultivation shall be visible from the public right-of-way.

Any dwelling or fully enclosed structure used for the cultivation of marijuana shall have a ventilation and filtration system that prevents marijuana plant odors from exiting the interior of the dwelling or structure, complies with all applicable building code regulations, and has received all required permits and approvals. The ventilation and filtration system must be approved by the city and installed prior to commencing cultivation within the dwelling or fully enclosed structure.

A fully enclosed structure that is used for the cultivation of marijuana shall be located in the rear yard area of a parcel, maintain a minimum ten-foot setback from the rear yard property line and a side yard setback that is equal to the same side yard setback required for the residential parcel on which the dwelling sits, and the area surrounding the structure or rear yard must be enclosed by a solid and opaque fence at least six feet in height.

The marijuana cultivation area, whether in a dwelling or fully enclosed structure, shall not be accessible to persons under eighteen years of age. The cultivation of marijuana shall not be conducted by any person under twenty-one years of age.

Either a qualified patient or primary caregiver shall reside full-time on the premises where the cultivation of medical marijuana occurs.

The marijuana area shall not result in a nuisance or adversely affect the health, welfare or safety of any resident or nearby residents by creating dust, glare, heat, noise, noxious gases, odors, smoke, traffic, vibration or other impacts, or be hazardous due to use or storage of materials, processes, products or wastes.

Prior to commencing the cultivation of marijuana, the person(s) owning, leasing, occupying or having charge or possession of the dwelling or fully enclosed structure where marijuana cultivation is proposed to be conducted must be registered with the city clerk. Any registration under this section does not legalize or authorize the cultivation of marijuana, but merely exempts the registrant from the general prohibition on the cultivation of marijuana in Section 18.61.030 and allows the city to monitor compliance with the regulations set forth in Section 18.61.040. Upon registration, all of the following information must be provided to the city:

To the extent permitted by law, the information and documentation submitted for marijuana cultivation registration or renewals shall be kept confidential, and shall be used only for purposes of administering and enforcing this chapter.

If the person(s) proposing to cultivate marijuana on any parcel is/are not the legal owner(s) of the parcel, such person(s) shall submit a notarized letter from the legal owner(s) consenting to the cultivation of marijuana on the parcel.

Any registration under this section is personal and unique to the person proposing to cultivate marijuana and the location where such cultivation is proposed to be conducted. In the event a property is sold, transferred or leased to a new tenant, the registration for that property shall expire upon such sale, transfer or lease. Moreover, if the person cultivating marijuana, including, but not limited to, a qualified patient or primary caregiver, moves to a new residence in the city and proposes to continue cultivating marijuana in the new residence, he or she shall make a new registration for the new dwelling or fully enclosed structure. Every person cultivating marijuana under this section shall renew his or her registration every two years.

The city council may adopt a fee or fees required to be paid upon the filing of the registration provided in this chapter, which fees shall not exceed the reasonable cost of administering this chapter. The city council may adopt or amend any such fee by resolution.