Chapter 5-20 UNLAWFUL CAMPING AND PROTECTION OF REAL AND PERSONAL PROPERTY

Chapter 5-20
UNLAWFUL CAMPING AND PROTECTION OF REAL AND PERSONAL PROPERTY Revised 11/24

Sections:

5-20-01 Definitions. Revised 11/24

5-20-02 Unlawful locations for camping – Unlawful washing. Revised 11/24

5-20-03 Camping, sitting, lying or sleeping on a public place prohibited. Revised 11/24

5-20-04 Storage of personal property in public places. Revised 11/24

5-20-05 Personal property removal. Revised 11/24

5-20-06 Personal property disposition. Revised 11/24

5-20-01 Definitions. Revised 11/24

Unless the particular provisions or the context otherwise requires, the definitions contained in this section shall govern the construction, meaning, and application of words and phrases used in this chapter.

(a) “Camp” shall mean to utilize camp facilities and/or paraphernalia, including but not limited to laying down of bedding for the purpose of temporarily or permanently sleeping or living at that location. An activity shall constitute camping when it reasonably appears, in light of all the circumstances, the participants in conducting these activities are in fact using the area as a sleeping or living accommodation regardless of the intent of the participants or the nature of any other activities in which they may also be engaging.

(b) “Camp facilities” shall mean tents, huts, lean tos, tarps, cardboard boxes or structures, vehicles, vehicle camping outfits, or other materials forming temporary shelter.

(d) “Camp paraphernalia” shall mean tarpaulins, cots, beds or bedding, bedrolls, sleeping bags, hammocks, or non-City designated cooking facilities and similar equipment.

(e) “Establish” means setting up or moving equipment, supplies or materials onto public or private property to camp or operate camp facilities.

(f) “Operate” means participating or assisting in establishing or maintaining an area to camp with camp facilities and camp paraphernalia.

(g) “Personal effects” shall mean medication, eyeglasses, or other medical devices, a sanitary and nonverminous sleeping bag or bed roll, tents in usable and reasonably good condition, clean and nonverminous clothing stored in a manner protecting it from the elements, and personal property with an individual fair market value of Fifty and no/100ths ($50.00) Dollars.

(h) “Private real property” means all privately owned real property including, but not limited to, sidewalks, streets, alleyways, and improved or unimproved land.

(i) “Public place” shall mean sidewalks, streets, alleyways, City and other government owned rights-of-way, or other public space.

(j) “Public real property” means all local government-owned property including but not limited to parks, parking lots, sidewalks, streets, alleyways, and any improved or unimproved land.

(k) “Sensitive use” means real property used as a school, childcare facility, public park, public library, senior citizens center or other use designated as a sensitive use by adopted resolution of the City Council.

(l) “Store” shall mean to put aside or accumulate for use when needed, to put aside for safekeeping, to place or leave in a location.

(1317-CS, Rep&ReEn, 10/10/2024)

5-20-02 Unlawful locations for camping – Unlawful washing. Revised 11/24

(a) It is unlawful and a public nuisance for any person to camp, occupy camp facilities, or use camp paraphernalia or to establish or maintain a location to camp in the following areas:

(1) Any public property; or

(2) Any private property.

(i) It is not intended by this section to prohibit overnight camping on private residential property by friends or family of the property owner, so long as the owner consents and the overnight camping is limited to not more than one (1) consecutive night.

(ii) Nothing in this chapter is intended to prohibit or make unlawful activities of an owner of private property or other lawful user of private property that are normally associated with and incidental to the lawful and authorized use of private property for residential or other purposes; and provided further, nothing is intended to prohibit or make unlawful activities of a property owner or other lawful user if such activities are expressly authorized by this code or other laws and regulations.

(iii) Nothing in this chapter is intended to prohibit or make unlawful the mere possession of or transportation of camp facilities or camp paraphernalia on public or private property, except as provided in this chapter.

(b) It is unlawful and a public nuisance for any person to wash one’s body or belongings in a fountain.

(1) A violation of this section shall be subject to the administrative citation fines and process pursuant to Chapter 2-11 TMC.

(2) Notwithstanding any other provision of this code, a violation of this section is a misdemeanor punishable by imprisonment not exceeding one (1) year or by fine not exceeding One Thousand and no/100ths Dollars ($1,000) Dollars, or by both.

(3) Violations of this section may be abated as public nuisances by the City pursuant to the provisions of this code, including but not limited to Chapter 5-5 TMC, or under any applicable provision of State law.

(4) Nothing in this section shall limit any of the other penalties provided for in State or Federal law.

(1317-CS, Rep&ReEn, 10/10/2024)

5-20-03 Camping, sitting, lying or sleeping on a public place prohibited. Revised 11/24

(a) No person may sit, lie, sleep or camp on a public place at any time.

(b) No person may sit, lie, sleep or camp in any pedestrian or vehicular entrance to public property or private property abutting a public sidewalk or other public right-of-way, including, for example, private doorways or entryways abutting a public sidewalk.

(c) No person may sit, lie, sleep or camp on a property defined or designated as a sensitive use. A property is of a sensitive use if it is a school, childcare facility, public park, public library or any other use designated as a sensitive use by adopted resolution of the City Council.

(d) In addition to any other remedy provided by law, any person found in violation of this section may be immediately removed from the premises.

(e) A violation of this section may be redressed as follows:

(1) A violation of this section shall be subject to the administrative citation fines and process pursuant to Chapter 2-11 TMC.

(4) Nothing in this section shall limit any of the other penalties provided for in State or Federal law.

(f) The City shall adhere to State law as it pertains to mobile and sidewalk vendors.

(1317-CS, Rep&ReEn, 10/10/2024)

5-20-04 Storage of personal property in public places. Revised 11/24

It shall be unlawful for any person to store or leave unattended personal property, including camp facilities and camp paraphernalia, in any park, parking lot, street, sidewalk, alley, other right-of-way or any public real property, except as otherwise provided by resolution of the City Council. Personal property placed in these public areas shall be deemed to be stored personal property if it has not been removed from public areas within twenty-four (24) hours of service of written notice requiring such removal.

(1317-CS, Rep&ReEn, 10/10/2024)

5-20-05 Personal property removal. Revised 11/24

The enforcement officer may remove personal property stored or found in violation of TMC 5-20-04, as follows:

(a) The location of any personal property, including camp facilities and paraphernalia, shall be tagged and dated with a notice including the following:

It is illegal to store personal property in a City park, street, public parking lot, or public area, improved or unimproved. If this personal property is not removed by (specify at least twenty-four (24) hours/one(1) day from posting), THIS PERSONAL PROPERTY SHALL BE DEEMED INTENTIONALLY ABANDONED AND SUBJECT TO REMOVAL AND POSSIBLE DESTRUCTION.

(b) The notice shall also include:

(1) A general description of the personal property to be removed;

(2) The date and time the notice was posted;

(3) The location where the removed personal property will be stored; including a telephone number and the internet website of the City through which a person may receive information as to impounded personal property; and

(4) That the impounded personal property may be discarded or destroyed if not claimed within ninety (90) days after impoundment.

(c) The enforcement officer may remove any personal property still unlawfully stored or remaining after the posting period has expired.

(d) Post-removal notice. Upon removal of personal property, written notice shall be conspicuously posted in the area from which the personal property was removed. The written post-removal notice shall include:

(1) A general description of the personal property removed;

(2) The date and approximate time the personal property was removed;

(3) A statement that the personal property has been stored in violation of TMC 5-20-04;

(4) The location where the removed personal property will be stored, including a telephone number and the internet website of the City through which a person may receive information as to impounded personal property; and

(5) That the impounded personal property may be discarded or destroyed if not claimed within ninety (90) days after impoundment.

(e) When City personnel discover any personal property left unattended on or around any City-owned real property, City personnel may immediately remove the unattended personal property for the safety and welfare of the public. The City considers unattended personal property to be lost personal property and shall deliver such personal property to Neighborhood Services, subject to the provisions set forth in this chapter.

(1317-CS, Rep&ReEn, 10/10/2024)

5-20-06 Personal property disposition. Revised 11/24

(a) Following removal of unlawfully stored or left unattended personal effects, an enforcement officer shall:

(1) Maintain an inventory identifying the personal effects, where the personal effects were approximately located, and the reasonable value of each item;

(2) Place the removed personal effects in containers labeled in a manner facilitating identification by the enforcement officer and owner and which reasonably protect such property from damage or theft; and

(3) Store removed personal effects in an area designated by the enforcement officer for a period of ninety (90) days.

(b) If personal effects are claimed within ninety (90) days from removal, unless the property is connected to a crime or is illegal to possess, the enforcement officer shall release the stored property to the owner upon his or her identification of the property and the approximate location where the property was left by the owner.

(c) Unlawfully stored or found personal effects pursuant to this chapter remaining unclaimed at the end of ninety (90) days from removal shall be dedicated for public use, and may be given for charitable use to a local nonprofit agency, or placed for sale pursuant to this code.

(d) All other unlawfully stored or found personal property removed is deemed intentionally abandoned and may be summarily abated and destroyed.

(1317-CS, Rep&ReEn, 10/10/2024)

Chapter 5-21
CANNABIS REGULATIONS¹

Sections:

Article 1. Cannabis Business Pilot Program

5-21-101 Legislative intent.

5-21-102 Definitions.

5-21-103 State and local requirements.

5-21-104 Cannabis dispensaries.

5-21-105 Cannabis cultivation business.

5-21-106 Cannabis testing laboratory.

5-21-107 Cannabis manufacturing business.

5-21-108 Cannabis distribution business.

5-21-109 Inspections and record retention.

5-21-110 Appeals.

5-21-111 Penalties.

5-21-112 Cost recovery.

Article 1. Cannabis Business Pilot Program

5-21-101 Legislative intent.

It is the intent of the City to establish a cannabis business pilot program to regulate commercial cannabis activities pursuant to State law and to discourage violations of related State law, especially those laws that prohibit the sale, use, or distribution of cannabis and cannabis products to minors. It is not the intent of the City to expand, reduce, or alter the penalties for violations of State cannabis laws.

(1255-CS, Added, 07/11/2019)

5-21-102 Definitions.

(a) “Bureau” means the Bureau of Cannabis Control within the Department of Consumer Affairs, formerly named the Bureau of Marijuana Control, the Bureau of Medical Cannabis Regulation, and the Bureau of Medical Marijuana Regulation.

(b) “Business” means a profession, trade, occupation, gainful activity, and all and every kind of calling whether or not carried on for profit.

(c) “Cannabis” means 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 cannabis. “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. “Cannabis” does not mean “industrial hemp” as defined by Section 11018.5 of the Health and Safety Code.

(d) “Cannabis business” means any business engaged in commercial cannabis activity. “Cannabis business” does not include any of the following:

(1) A clinic licensed pursuant to Chapter 1 of Division 2 of the Health and Safety Code.

(2) A residential care facility for persons with chronic life-threatening illness licensed pursuant to Chapter 3.01 of Division 2 of the Health and Safety Code.

(3) A residential care facility for the elderly licensed pursuant to Chapter 3.2 of Division 2 of the Health and Safety Code.

(4) A residential hospice or a home health agency licensed pursuant to Chapters 8 and 8.5 of Division 2 of the Health and Safety Code.

(5) The cultivation, delivery, gift, or furnishing of cannabis by a qualified patient, a primary caregiver, or other person with an identification card as defined by Section 11362.7 of the Health and Safety Code provided such activity complies strictly with all applicable State law, including, but not limited to, Sections 11362.5 and 11362.765 of the Health and Safety Code.

(e) “Cannabis cultivation business” means any cannabis business that, pursuant to a Type 1, Type 1A, Type 1B, Type 1C, Type 2, Type 2A, Type 2B, Type 3, Type 3A, Type 3B, Type 4, Type 5, Type 5A, Type 5B, or Type 12 State cannabis license, or their successors, cultivates cannabis or cannabis products.

(f) “Cannabis delivery” means the commercial transfer of cannabis or cannabis products to a customer. “Cannabis delivery” also includes the use by a retailer of any technology platform.

(g) “Cannabis delivery business” means any cannabis business that, pursuant to a Type 10 State cannabis license, or its successors, delivers, makes available, or distributes cannabis and cannabis products to a consumer.

(h) “Cannabis dispensary” means any cannabis business where medicinal or adult-use cannabis or cannabis products are sold at retail, pursuant to a Type 10 State cannabis license, or its successors. A cannabis dispensary includes a cannabis business that provides cannabis deliveries.

(i) “Cannabis distribution business” means any cannabis business that, pursuant to a Type 11 or Type 13 State cannabis license, or their successors, procures, sells, or transports cannabis and cannabis products between cannabis businesses.

(j) “Cannabis manufacturing business” means any cannabis business that, pursuant to a Type 6, Type 7, or Type 12 State cannabis license, or their successors, manufactures cannabis or cannabis products.

(k) “Cannabis product” means 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.

(l) “Cannabis testing laboratory” means a cannabis business that tests cannabis or cannabis products pursuant to a Type 8 State cannabis license, or its successors.

(m) “City” means the City of Turlock, a municipal corporation of the State of California, in its present incorporated form or in any later reorganized, consolidated, enlarged, or reincorporated form.

(n) “Commercial cannabis activity” includes the cultivation, manufacture, distribution, processing, storing, laboratory testing, packaging, labeling, transportation, delivery, or sale of cannabis or cannabis products that requires a State license.

(o) “Commercial cannabis waste” means cannabis plants and plant materials that are discarded by a cannabis business, including, but not limited to, extra vegetative plants, failed clones, and harvest waste.

(p) “Cultivation” means any activity involving the planting, growing, harvesting, processing, drying, curing, grading, or trimming of cannabis.

(q) “Day care center” means any licensed child day care facility other than a small or large day care home, including infant centers and preschools.

(r) “Employee permit” means the permit required by this chapter for every employee or independent contractor employed by a cannabis business.

(s) “Juvenile” means any natural person who is under the age of eighteen (18) years.

(t) “License” means a State license issued pursuant to Business and Professions Code Section 26000.

(u) “Manufacture” means to compound, blend, extract, infuse, or otherwise make or prepare a cannabis product.

(v) “Person” means an individual, firm, 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 includes the plural as well as the singular number.

(w) “Primary caregiver” has the same meaning as that term is defined by Section 11362.7 of the Health and Safety Code.

(x) “Qualified patient” has the same meaning as that term is defined by Section 11362.7 of the Health and Safety Code.

(y) “School” means any public or private school providing instruction in kindergarten or grades one (1) through twelve (12), inclusive, but does not include any private school where education is primarily conducted in private homes.

(1255-CS, Added, 07/11/2019)

5-21-103 State and local requirements.

(a) Any cannabis business that does not have the applicable State license is prohibited within the City.

(b) Any cannabis business allowed in the City shall obtain all of the following:

(1) A development agreement;

(2) A City business license; and

(3) A conditional use permit.

(d) At the time of application to the City, every cannabis business applicant shall submit a copy of its State license or State license application required for its operation.

(e) Cannabis businesses shall not be located within six hundred (600') feet of any school, day care center, or youth facilities. For purposes of this section, “day care centers” shall have the same meaning as in Section 1596.76 of the California Health and Safety Code and licensed through the State Department of Social Services pursuant to California Health and Safety Code Section 1596.951.

(f) All signs for cannabis businesses must comply with the requirements in TMC Title 9.

(1278-CS, Amended, 05/12/2020; 258-CS, Amended, 09/12/2019; 1255-CS, Added, 07/11/2019)

5-21-104 Cannabis dispensaries.

(a) Up to four (4) cannabis dispensaries may be permitted pursuant to a development agreement and a conditional use permit, subject to the requirements in TMC Title 9.

(b) Cannabis dispensaries shall only be allowed within fully enclosed buildings.

(c) Any commercial cannabis activity related to delivery is prohibited unless that activity is performed by a cannabis dispensary authorized by this code. The City reserves the right to prohibit a cannabis dispensary from performing delivery services.

(d) All cannabis dispensaries shall maintain all applicable State licenses and comply with all of the following:

(1) Floor plan. A scaled floor plan for each level of each building that makes up the business site, including the entrances, exits, walls, and operating areas.

(2) Site plan. A scaled site plan of the business site, including all buildings, structures, driveways, parking lots, landscape areas, and boundaries.

(3) Statement of owner’s consent. Written consent of the owner or landlord of the proposed site to operate a cannabis dispensary, specifying the street address and parcel number.

(4) Security.

(i) Security surveillance cameras. Security surveillance cameras and a video recording system shall be installed to monitor all doors into the buildings on the business site, the parking lot, loading areas, and all exterior sides of the property adjacent to the public rights-of-way. The cameras and recording system shall be of adequate quality, color rendition, and resolution to allow the identification of any individual present on the business site. The recording system shall be capable of exporting the recorded video in standard MPEG formats to another common medium, such as a DVD or USB drive.

(ii) Security video retention. Video from the security surveillance cameras shall be recording at all times (twenty-four (24) hours a day, seven (7) days a week) and the recording shall be maintained for at least ninety (90) days. The video recordings shall be made available to the City upon request.

(iii) Alarm system. Professionally and centrally monitored fire, robbery, and burglar alarm systems shall be installed and maintained in good working condition. The alarm system shall include a private security company that is required to respond to every alarm.

(iv) Security personnel. At all times during business hours, cannabis dispensaries shall provide on-site security through the physical presence of a State-licensed security guard. All security guards shall be dressed in clothing that easily identifies them as security.

(5) Odor control. A detailed plan describing the air treatment system, or other methods that will be implemented to prevent cannabis odors from being detected outside the business site.

(6) Tax compliance. A cannabis dispensary shall maintain any applicable tax certificates and permits, and timely remit any taxes due to the appropriate government entity.

(7) Insurance. A cannabis dispensary shall maintain certificates of commercial general liability insurance and endorsements and certificates of all other insurance related to the operation of the cannabis business.

(8) Waste management plan. A cannabis dispensary shall submit and comply with an approved commercial cannabis waste management plan describing how commercial cannabis waste will be disposed.

(1255-CS, Added, 07/11/2019)

5-21-105 Cannabis cultivation business.

(a) Cannabis cultivation businesses may be permitted pursuant to a development agreement and a conditional use permit, subject to the requirements in TMC Title 9.

(b) All commercial outdoor cultivation is prohibited within the City.

(1) Floor plan. A scaled floor plan for each level of each building that makes up the business site, including the entrances, exits, walls, and operating areas. All cultivation and curing areas within a building on the cultivation site shall be separated from the main entrance and lobby and shall be secured by a lock accessible only to managers and staff of the cannabis cultivation business.

(2) Site plan. A scaled site plan of the business site, including all buildings, structures, driveways, parking lots, landscape areas, boundaries, lights, and canopy areas.

(3) Statement of owner’s consent. Written consent of the owner or landlord of the proposed site to operate a cannabis cultivation business, specifying the street address and parcel number.

(4) Security.

(5) Odor control. A detailed plan describing the air treatment system, or other methods that will be implemented to prevent cannabis odors from being detected outside the business site.

(6) Cultivation site restricted. A cannabis cultivation business shall not open their cultivation site to the public. A cannabis business shall not allow anyone on the cultivation site, except for managers, staff, and other persons with a bona fide business or regulatory purpose for being there, such as contractors, inspectors, and cannabis transporters. A juvenile shall not be on the cultivation site or operate a cannabis cultivation business in any capacity, including, but not limited to, as a manager, staff, employee, contractor, or volunteer.

(7) Tax compliance. A cannabis cultivation business shall maintain any applicable tax certificates and permits, and timely remit any taxes due to the appropriate government entity.

(8) Insurance. A cannabis cultivation business shall maintain certificates of commercial general liability insurance and endorsements and certificates of all other insurance related to the operation of the cannabis business.

(9) Waste management plan. A cannabis cultivation business shall submit and comply with an approved commercial cannabis waste management plan describing how commercial cannabis waste will be disposed.

(1255-CS, Added, 07/11/2019)

5-21-106 Cannabis testing laboratory.

(a) Cannabis testing laboratories may be permitted pursuant to a development agreement and a conditional use permit, subject to the requirements in TMC Title 9.

(b) Cannabis testing laboratories shall meet the accreditation criteria in the International Organization for Standardization (ISO) guidelines known as ISO 17025.

(c) All cannabis testing laboratories shall maintain all applicable State licenses and maintain compliance with all of the following:

(1) Floor plan. A scaled floor plan for each level of each building that makes up the business site, including the entrances, exits, walls, and operating areas.

(2) Site plan. A scaled site plan of the business site, including all buildings, structures, driveways, parking lots, landscape areas, and boundaries. The site plan shall comply with all of the following:

(i) Entrances. All entrances into the buildings on the laboratory site shall be locked at all times, with entry controlled by the cannabis testing laboratory business’s managers and staff.

(ii) Main entrance and lobby. The laboratory site shall have a building with a main entrance that is clearly visible from the public street or sidewalk. The main entrance shall be maintained clear of barriers, landscaping, and other obstructions. Inside of the main entrance, there shall be a lobby to receive persons into the site and to verify whether they are allowed in the testing areas.

(iii) Testing area. All testing areas in any building on the laboratory site shall be separated from the main entrance and lobby and shall be secured by a lock accessible only to managers and staff of the cannabis testing laboratory.

(iv) Transport area. Each building with a testing area shall have an area designed for the secure transfer of cannabis from a vehicle to the testing area.

(v) Storage area. Each building with a testing area shall have adequate storage space for cannabis that has been tested or is waiting to be tested. The storage areas shall be separated from the main entrance and lobby and shall be secured by a lock accessible only to managers and staff of the cannabis testing laboratory.

(3) Statement of owner’s consent. Written consent of the owner or landlord of the proposed site to operate a cannabis testing laboratory, specifying the street address and parcel number.

(4) Security.

(i) Security surveillance cameras. Security surveillance cameras and a video recording system shall be installed to monitor all doors into the buildings on the laboratory site, the parking lot, loading areas, and all exterior sides of the property adjacent to the public rights-of-way. The cameras and recording system shall be of adequate quality, color rendition, and resolution to allow the identification of any individual present on the laboratory site. The recording system shall be capable of exporting the recorded video in standard MPEG formats to another common medium, such as a DVD or USB drive.

(5) Odor control. A detailed plan describing the air treatment system, or other methods that will be implemented to prevent cannabis odors from being detected outside the business site.

(6) Tax compliance. A cannabis testing business shall maintain any applicable tax certificates and permits, and timely remit any taxes due to the appropriate government entity.

(7) Laboratory site restricted. A cannabis testing laboratory shall not open their laboratory site to the public. A cannabis testing laboratory shall not allow anyone on the laboratory site, except for managers, staff, and other persons with a bona fide business or regulatory purpose for being there, such as contractors, inspectors, and cannabis transporters. A manager must be on the laboratory site at all times any other person, except for security guards, is on the site. A juvenile shall not be on the laboratory site or operate a cannabis testing laboratory in any capacity, including, but not limited to, as a manager, staff, employee, contractor, or volunteer.

(8) Insurance. A cannabis testing laboratory shall maintain certificates of commercial general liability insurance and endorsements and certificates of all other insurance related to the operation of the cannabis business.

(9) Waste management plan. A cannabis testing laboratory shall submit and comply with an approved commercial cannabis waste management plan describing how commercial cannabis waste will be disposed.

(1255-CS, Added, 07/11/2019)

5-21-107 Cannabis manufacturing business.

(a) Cannabis manufacturing businesses may be permitted pursuant to a development agreement and a conditional use permit, subject to the requirements in TMC Title 9.

(b) Cannabis manufacturing businesses shall obtain all applicable licenses and maintain compliance with all of the following:

(1) Floor plan. A scaled floor plan for each level of each building that makes up the business site, including the entrances, exits, walls, and operating areas. All manufacturing areas within a building on the manufacturing site shall be separated from the main entrance and lobby and shall be secured by a lock accessible only to managers and staff of the cannabis manufacturing business.

(2) Site plan. A scaled site plan of the business site, including all buildings, structures, driveways, parking lots, landscape areas, and boundaries.

(3) Statement of owner’s consent. Written consent of the owner or landlord of the proposed site to operate a cannabis manufacturing business, specifying the street address and parcel number.

(4) Security.

(i) Security surveillance cameras. Security surveillance cameras and a video recording system shall be installed to monitor all doors into the buildings on the business site, the parking lot, loading areas, and all exterior sides of the property adjacent to the public rights-of-way. The cameras and recording system shall be of adequate quality, color rendition, and resolution to allow the identification of any individual present on the manufacturing site. The recording system shall be capable of exporting the recorded video in standard MPEG formats to another common medium, such as a DVD or USB drive.

(5) Odor control. A detailed plan describing the air treatment system, or other methods that will be implemented to prevent cannabis odors from being detected outside the business site.

(6) Manufacturing site restricted. A cannabis manufacturing business shall not open their manufacturing site to the public. A cannabis manufacturing business shall not allow anyone on the manufacturing site, except for managers, staff, and other persons with a bona fide business or regulatory purpose for being there, such as contractors, inspectors, and cannabis transporters. A manager must be on the manufacturing site at all times any other person, except for security guards, is on the site. A juvenile shall not be on the manufacturing site or operate a cannabis manufacturing business in any capacity, including, but not limited to, as a manager, staff, employee, contractor, or volunteer.

(7) Tax compliance. A cannabis manufacturing business shall maintain any applicable tax certificates and permits, and timely remit any taxes due to the appropriate government entity.

(8) Insurance. A cannabis manufacturing business shall maintain certificates of commercial general liability insurance and endorsements and certificates of all other insurance related to the operation of the cannabis business.

(9) Waste management plan. A cannabis manufacturing business shall submit and comply with an approved commercial cannabis waste management plan describing how commercial cannabis waste will be disposed.

(1255-CS, Added, 07/11/2019)

5-21-108 Cannabis distribution business.

(a) Cannabis distribution businesses may be permitted pursuant to a development agreement and a conditional use permit, subject to the requirements in TMC Title 9.

(b) All cannabis distribution businesses shall obtain all applicable State licenses and maintain compliance with all of the following:

(1) Floor plan. A scaled floor plan for each level of each building that makes up the business site, including the entrances, exits, walls, and operating areas. All storage areas within a building on the distribution site shall be separated from the main entrance and lobby and shall be secured by a lock accessible only to managers and staff of the cannabis distribution business.

(2) Site plan. A scaled site plan of the business site, including all buildings, structures, driveways, parking lots, landscape areas, and boundaries.

(3) Statement of owner’s consent. Written consent of the owner or landlord of the proposed site to operate a cannabis distribution business, specifying the street address and parcel number.

(4) Security.

(i) Security surveillance cameras. Security surveillance cameras and a video recording system shall be installed to monitor all doors into the buildings on the business site, the parking lot, loading areas, and all exterior sides of the property adjacent to the public rights-of-way. The cameras and recording system shall be of adequate quality, color rendition, and resolution to allow the identification of any individual present on the distribution site. The recording system shall be capable of exporting the recorded video in standard MPEG formats to another common medium, such as a DVD or USB drive.

(5) Odor control. A detailed plan describing the air treatment system, or other methods that will be implemented to prevent cannabis odors from being detected outside the business site.

(6) Distribution site restricted. A cannabis distribution business shall not open their distribution site to the public. A cannabis distribution business shall not allow anyone on the distribution site, except for managers, staff, and other persons with a bona fide business or regulatory purpose for being there, such as contractors, inspectors, and cannabis transporters. A juvenile shall not be on the distribution site or operate a cannabis distribution business in any capacity, including, but not limited to, as a manager, staff, employee, contractor, or volunteer.

(7) Tax compliance. A cannabis distribution business shall maintain any applicable tax certificates and permits, and timely remit any taxes due to the appropriate government entity.

(8) Insurance. A cannabis distribution business shall maintain certificates of commercial general liability insurance and endorsements and certificates of all other insurance related to the operation of the cannabis business.

(9) Waste management plan. A cannabis distribution business shall submit and comply with an approved commercial cannabis waste management plan describing how commercial cannabis waste will be disposed.

(1255-CS, Added, 07/11/2019)

5-21-109 Inspections and record retention.

(a) Authority to inspect.

(1) City officials or law enforcement may reasonably enter and inspect the cannabis business at any time between the hours of 6:00 a.m. and 11:00 p.m. on any day of the week, or at any reasonable time, to ensure compliance and enforcement of this chapter.

(2) City officials may inspect and demand copies of records maintained by the cannabis business, except for private medical records, that shall be made available to law enforcement agencies only pursuant to a properly executed search warrant, subpoena, or court order.

(3) A person shall not refuse, impede, obstruct, or interfere with an inspection pursuant to this chapter.

(b) Records. A cannabis business shall maintain accurate records of commercial cannabis activity for a minimum of seven (7) years in accordance with Chapter 16 (commencing with Section 2610) of Division 10 of the Business and Professions Code.

(1255-CS, Added, 07/11/2019)

5-21-110 Appeals.

(a) An applicant or cannabis business may appeal any adverse action taken under this chapter to the City Council.

(b) All appeals taken under this chapter must be taken within thirty (30) days after the adverse action by filing with the office of the City Clerk a written notice of appeal specifying the grounds thereof. An appeal shall be accompanied by a nonrefundable filing fee, as established by resolution adopted by the City Council from time to time.

(c) The City Clerk, upon the filing of such appeal and payment of an appeal fee, shall place the matter upon the agenda for the next regular meeting of the City Council occurring not earlier than five (5) days after the filing of the appeal, and shall notify the appealing permit applicant by letter of the meeting date and place at which the appeal will be heard.

(1255-CS, Added, 07/11/2019)

5-21-111 Penalties.

(a) Any use or condition caused, or permitted to exist, in violation of any provision of this chapter shall be, and hereby is declared to be, a public nuisance and may be abated by the City as provided in the Turlock Municipal Code or under any applicable provision of State law.

(b) In addition to any other enforcement permitted by this chapter, the City Attorney may bring a civil action for injunctive relief and civil penalties against any person or entity that violates this chapter. In any civil action brought pursuant to this chapter, a court of competent jurisdiction may award reasonable attorneys’ fees and costs to the prevailing party.

(c) Violations of this chapter shall be subject to an administrative penalty. The amount of the administrative penalty shall be Five Hundred and no/100ths ($500.00) Dollars for the first offense within a twelve (12) month period, One Thousand and no/100ths ($1,000.00) Dollars for the second offense within a twelve (12) month period, and Two Thousand and no/100ths ($2,000.00) Dollars for any subsequent offense within a twelve (12) month period.

(d) Penalty enhancements.

(1) In addition to any other enforcement permitted by this chapter, the City may double any administrative penalty for egregious violations of this chapter. Egregious violations include (i) the unpermitted use of volatile solvents, (ii) the operation of a cannabis business without City approval, or (iii) a cannabis business allowing minors to consume or possess cannabis or cannabis products.

(2) If a cannabis business receives four (4) or more penalties for violating this chapter within any twelve (12) month period, that business shall be immediately prohibited from operating within the City.

(1255-CS, Added, 07/11/2019)

5-21-112 Cost recovery.

(a) The City shall be entitled to recover its abatement and enforcement costs incurred in obtaining compliance with this chapter. Costs incurred by the City are recoverable even if a public nuisance, a violation of the Turlock Municipal Code, or other applicable law is corrected by the property owner or other responsible party.

(b) The cost of abating a public nuisance or enforcing this chapter shall either be a special assessment and lien on the subject property or the personal obligation of the owner of the subject property or the responsible party. If there is more than one (1) responsible party, each party shall be jointly and severally liable for the costs.

(1) “Abatement costs” include the actual and reasonable costs incurred by the City to abate a public nuisance. These costs include all direct and indirect costs to the City that result from the total abatement action, including, but not limited to, investigation costs, costs to enforce the Turlock Municipal Code and any applicable State or County law, clerical and administrative costs to process paperwork, costs incurred to provide notices and prepare for and conduct administrative appeal hearings, and costs to conduct actual abatement of the nuisance. Costs include personnel costs, administrative overhead, costs for equipment such as cameras and vehicles, staff time to hire a contractor, and reasonable attorneys’ fees incurred by the City.

(2) “Enforcement costs” include all actual and reasonable costs incurred by the City to enforce compliance with the Turlock Municipal Code and any applicable State, County, or City public health and safety law that is not included within abatement costs. Enforcement costs shall also include, but are not limited to, costs of fringe benefits for personnel, administrative overhead, costs of equipment, costs of materials, costs related to investigations, costs related to issuing and defending administrative or court citations, costs incurred investigating and abating violations of the Turlock Municipal Code or State or County law violations, and reasonable attorneys’ fees related to these activities.

(3) “Responsible party” means a person or entity responsible for creating, causing, committing, or maintaining the violation of this chapter or State or County law.

(4) “Subject property” means the real property that is the subject of any abatement or enforcement action by the City for which the City incurred costs and seeks recovery under this chapter.

(1255-CS, Added, 07/11/2019)

Prior legislation: Ords. 1097-CS, 1217-CS and 1230-CS.