Chapter 5.86
NONMEDICAL MARIJUANA
Sections:
5.86.030 Prohibited activities.
5.86.040 Regulations applicable to the cultivation of marijuana.
5.86.050 Regulations applicable to commercial marijuana operations, dispensaries, and deliveries.
5.86.060 Regulations applicable to the consumption of marijuana.
5.86.070 Violation and penalty.
5.86.010 Purpose and intent.
It is the purpose and intent of this chapter to promote the health, safety, morals, and general welfare of the residents and businesses within the city by regulating the cultivation, processing, extraction, manufacturing, testing, distribution, transportation, sale, and consumption of marijuana for nonmedical, recreational use allowed under state law. (Ord. 2017-04 § 2 (part), 2017)
5.86.020 Definitions.
For purposes of this chapter, the following definitions shall apply:
“Cannabis or marijuana” is defined in strict accordance with California Business and Professions Code Section 19300.5(f).
“Collective or cooperative cultivation” is defined as the association within California of qualified patients, persons with valid identification cards, and designated primary caregivers to cultivate marijuana for medical purposes as may be allowed under the compassionate use act, the medical marijuana program act, or the California medical marijuana regulation and safety act adopted on October 9, 2015, with legislative bills AB 243, AB 266, and SB 643 (“MMRSA”).
“Commercial marijuana operation” is defined as any commercial cannabis activity as set forth in California Business and Professions Code Section 19300.5(j) and allowed under MMRSA, and the implementing regulations, as MMRSA and the implementing regulations may be amended from time to time, and all uses permitted under any subsequently enacted state law pertaining to the same or similar uses for recreational cannabis.
“Delivery” as defined in the medical marijuana regulation and safety act, California Business and Professions Code Section 19300.5(m), as that section may be amended from time to time, and includes the commercial transfer of medical marijuana and medical marijuana products from a dispensary as well as the use of any technology platform that enables qualified patients and caregivers to arrange for or facilitate the transfer. Delivery applies to both medical and nonmedical marijuana.
“Marijuana dispensary or dispensary” is any facility or location, whether fixed or mobile, and any building or structure, where cannabis is made available to, distributed by, or distributed to more than two persons. This applies to both medical and nonmedical marijuana.
“Marijuana products” include cannabis that has undergone a process whereby the plant material has been transformed into a concentrate, including, but not limited to, concentrated cannabis, or an edible or topical product containing cannabis or concentrated cannabis and other ingredients.
“Medical marijuana” is defined in strict accordance with California Health and Safety Code Sections 11018, 11362.5, and 11362.7 et seq.
“Recreational (or nonmedical) marijuana or recreational (or nonmedical) marijuana use” is all uses of cannabis not included within the definition of medical marijuana use. (Ord. 2017-04 § 2 (part), 2017)
5.86.030 Prohibited activities.
Marijuana commercial cultivation, marijuana commercial processing, marijuana delivery, and marijuana dispensaries shall be prohibited activities in the city, except where the city is preempted by federal or state law from enacting a prohibition on any such activity. (Ord. 2017-04 § 2 (part), 2017)
5.86.040 Regulations applicable to the cultivation of marijuana.
To the extent that the city is required to allow the cultivation of marijuana, whether for medical or recreational use, under state law, the rules set forth herein shall apply. Nothing in this section shall be interpreted to permit commercial marijuana operations or marijuana dispensaries otherwise prohibited by this chapter.
A. Personal Use Cultivation. The cultivation of marijuana shall be subject to the limits set forth in any applicable state law. An individual that has a right to cultivate marijuana for personal use shall be allowed to cultivate marijuana within his/her private residence, or in an accessory building if the property contains a detached single-family residence. No outdoor cultivation is allowed within the city. Marijuana cultivation for personal use shall be subject to the following requirements:
1. Area. The marijuana cultivation area shall not exceed thirty-two square feet in size and not exceed ten feet in height per residence. This limit applies regardless of the number of individuals residing in the residence. The cultivation area shall be a single designated area.
2. Lighting. Marijuana cultivation lighting shall not exceed a total of one thousand two hundred watts.
3. Building Code Requirements. Any alterations or additions to the residence, including garages and accessory buildings, shall be subject to applicable building and fire codes, including plumbing and electrical, and all applicable zoning codes, including lot coverage, setback, height requirements, and parking requirements.
4. Gas Products. The use of gas products (CO2, butane, etc.) for marijuana cultivation or processing is prohibited.
5. Evidence of Cultivation. As viewed from a public right-of-way, there shall be no evidence of marijuana cultivation occurring on the site.
6. Residence. The cultivator of marijuana shall reside at the residence where the marijuana cultivation occurs.
7. Cultivation Elsewhere in City. The cultivator of marijuana shall not participate in marijuana cultivation in any other location within the city of Dinuba other than their residence.
8. Incidental Use. The residence shall maintain kitchen, bathrooms, and primary bedrooms for their intended use and not be used for marijuana cultivation.
9. Ventilation. The marijuana cultivation area shall include a ventilation and filtration system designed to ensure that odors from the cultivation are not detectable beyond the residence, or property line for detached single-family residential, and designed to prevent mold and moisture and otherwise protect the health and safety of persons residing in the residence and cultivating the marijuana. This shall include at a minimum, a system meeting the requirements of the current, adopted edition of the California Building Code Section 1203.4, natural ventilation, or Section 402.3, mechanical ventilation (or its equivalent(s)).
10. Storage of Chemicals. Any chemicals used for marijuana cultivation shall be stored outside of the habitable areas of the residence and outside of public view from neighboring properties and public rights-of-way.
11. Nuisance. The marijuana cultivation area shall: not adversely affect the health or safety of the nearby residents by creating dust, glare, heat, noise, noxious gases, odor, smoke, traffic, vibration, or other impacts; and not be hazardous due to the use or storage of materials, processes, products or wastes, or from other actions related to the cultivation.
12. Property Owner Authorization. For rental property, the lessee shall obtain written authorization from the property owner or property management company to cultivate marijuana. A copy of this authorization shall be provided to the Dinuba police department upon demand.
13. Notification. The owner and any lessee of the residence upon which cultivation will occur shall inform the Dinuba police department of the intent to cultivate marijuana. This notification shall be provided prior to the commencement of the cultivation except that for existing cultivation, the information shall be provided within ten days of the effective date of this chapter. The police department may direct the owner and lessee to the planning and development services department for more information about building code and permit requirements that may be applicable if alterations or additions to the residence are contemplated. The police department and planning and development services department shall keep patient information confidential to the extent required by law.
14. Additional Requirements for Accessory Buildings. The following additional requirements shall apply for personal use cultivation that occurs in an accessory building. The accessory building shall be secure, locked, and fully enclosed, with a ceiling, roof or top, floor, and entirely opaque. The building shall include a burglar alarm monitored by an alarm company or private security company. The building, including all walls, doors, and the roof, shall be constructed with a one-r firewall assembly meeting the minimum building code requirements for residential structures and include material strong enough to prevent entry except through an open door.
15. Collective or Cooperative Cultivation. The collective or cooperative cultivation of medical marijuana shall be prohibited in the city. (Ord. 2017-04 § 2 (part), 2017)
5.86.050 Regulations applicable to commercial marijuana operations, dispensaries, and deliveries.
A. Commercial Marijuana Operations. Commercial marijuana operations as defined in Section 5.86.020 are prohibited within the city.
B. Dispensaries. Marijuana dispensaries as defined in Section 5.86.020 are prohibited within the city.
C. Deliveries. The “delivery” of marijuana and marijuana products as defined in Section 5.86.020 is prohibited in the city regardless of whether the delivery is initiated within or outside of the city, and regardless of whether a technology platform is used for delivery by the dispensary.
D. Public Nuisance Declared. Operation of any mobile marijuana dispensary within the city in violation of the provisions of this chapter is hereby declared a public nuisance and may be abated pursuant to all available remedies. (Ord. 2017-04 § 2 (part), 2017)
5.86.060 Regulations applicable to the consumption of marijuana.
No person shall smoke, ingest, or otherwise consume marijuana or marijuana products, whether recreational or medical, in the city of Dinuba unless such smoking, ingesting or consumption occurs entirely within a private residence. “Within a private residence” shall mean inside habitable areas and shall not include garages, whether attached or detached, and other accessory buildings unless those buildings are at all times fully enclosed during the consumption.
All consumption shall be done in a manner so as to not cause a nuisance to nearby residents with noxious odors or other adverse health and safety impacts. (Ord. 2017-04 § 2 (part), 2017)
5.86.070 Violation and penalty.
Any person violating any of the provisions of this chapter shall be guilty of a misdemeanor and subject to a maximum penalty of six months’ imprisonment in the county jail or a fine of one thousand dollars, as well as the administrative penalties as set forth, as may be amended. Violators shall be subject to any other enforcement remedies available to the city under any applicable state or federal statute or pursuant to any other lawful power the city may possess. (Ord. 2017-04 § 2 (part), 2017)
5.86.080 Public nuisance.
Any violation of this chapter is hereby declared to be a public nuisance. (Ord. 2017-04 § 2 (part), 2017)
5.86.090 Judicial review.
Judicial review of a decision made under this chapter may be had by filing a petition for a writ of mandate with the superior court in accordance with the provisions of the California Code of Civil Procedure Section 1094.5. Any such petition shall be filed within ninety days after the day the decision becomes final as provided in California Code of Civil Procedure Section 1094.6, which shall be applicable for such actions. (Ord. 2017-04 § 2 (part), 2017)