Chapter 5-25
INDUSTRIAL HEMP REGULATIONS
Sections:
5-25-03 State and local requirements.
5-25-04 Industrial hemp business.
5-25-05 Inspections and record retention.
5-25-06 Limitations on City’s liability.
5-25-01 Purpose.
It is the policy of the City to regulate industrial hemp manufacturing in a responsible manner to protect the health, safety, and welfare of the residents of the City and to enforce rules and regulations consistent with State law. It is not the intent of the City to expand, reduce, or alter the penalties for violations of State cannabis or industrial hemp laws.
(1283-CS, Added, 10/22/2020)
5-25-02 Definitions.
For the purposes of this chapter, unless otherwise apparent from the context, certain words and phrases used in this chapter are defined as follows:
(a) “City” means the City of Turlock.
(b) “Hemp product” means a product that contains a compound, blend, extract, infuse, or derivative of industrial hemp that is intended to either be used or consumed by a consumer.
(c) “Hemp cultivation” means any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of hemp, including activities carried out by seed breeders. For the purposes of this chapter, “hemp cultivation” shall not include cultivation by an established agricultural research institution as defined in Section 81000 of the California Food and Agricultural Code.
(d) “Industrial hemp” means a crop that is limited to types of the plant Cannabis sativa Linnaeus having no more than three-tenths of one (0.3%) percent tetrahydrocannabinol (THC) contained in the dried flowering tops, whether growing or not; the seeds of the plant; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin produced therefrom.
(e) “Industrial hemp business” means any business authorized to manufacture hemp products in the City.
(f) “Juvenile” means any natural person who is under the age of eighteen (18) years.
(g) “Manufacture” means to compound, blend, extract, infuse or otherwise make or prepare a product.
(h) “Premises” means a single, legal parcel of property. Where contiguous legal parcels are under common ownership or control, such contiguous legal parcels shall be counted as a single “premises” for purposes of this title. Parcels are considered contiguous for purposes of this title if they touch at any point along their respective boundaries.
(i) “Seed breeder” has the same meaning as in Section 81000 of the California Food and Agricultural Code.
(j) “Type A industrial hemp business” means an industrial hemp business authorized to compound, blend, infuse or otherwise make or prepare hemp products that contain a concentration of no more than three-tenths of one (0.3%) percent tetrahydrocannabinol (THC), but may not include extraction for industrial hemp products such as cannabinoids, including but not limited to cannabidiol (CBD), from industrial hemp.
(k) “Type B industrial hemp business” means an industrial hemp business authorized to compound, blend, infuse, or otherwise make or prepare hemp products that contains a concentration of no more than three-tenths of one (0.3%) percent tetrahydrocannabinol (THC). Type B industrial hemp businesses are authorized to extract for industrial hemp products such as cannabinoids, including but not limited to cannabidiol (CBD), from industrial hemp through natural solvent (olive oil or ethanol), CO2, or steam extraction methods, or other means approved by the City.
(1283-CS, Added, 10/22/2020)
5-25-03 State and local requirements.
(a) Any Type A industrial hemp business in the City shall obtain the following:
(1) A City business license pursuant to Chapter 3-1 TMC, Business Licensing, accompanied by a business license fee established by resolution of the City Council.
(b) Any Type B industrial hemp business in the City shall obtain both of the following:
(1) A City business license pursuant to Chapter 3-1 TMC, Business Licensing, accompanied by a business license fee established by resolution of the City Council; and
(2) A conditional use permit, including a specification of the type of extraction method(s) that will be used, pursuant to Article 6 of Chapter 9-5 TMC.
(c) All industrial hemp businesses shall maintain compliance with TMC Title 9.
(d) All industrial hemp businesses shall maintain compliance with applicable Federal, State and local laws and regulations concerning hemp manufacturing.
(1283-CS, Added, 10/22/2020)
5-25-04 Industrial hemp business.
(a) Hemp cultivation shall be prohibited in the City.
(b) Industrial hemp businesses shall 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, boundaries, lights, and canopy areas.
(3) Manufacturing site restricted. An industrial hemp business shall not open their manufacturing site to the public. An industrial hemp 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 industrial hemp and industrial hemp product transporters. A juvenile shall not be on the manufacturing site or operate an industrial hemp business in any capacity, including, but not limited to, as a manager, staff, employee, contractor, or volunteer.
(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.
(5) Odor control. A detailed plan describing the air treatment system, or other methods that will be implemented to prevent industrial hemp odors from being detected outside the business site. All industrial hemp manufacturing premises shall provide a sufficient odor-absorbing ventilation and exhaust system so that odor generated inside is not detected outside of the facility, anywhere on an adjacent property or on public rights-of-way, on or about the exterior or interior common area walkways, hallways, breezeways, foyers, lobby areas, or any other areas available for use by common tenants or the visiting public, or within any other unit located inside the same building as the industrial hemp business.
(6) Tax compliance. An industrial hemp business shall maintain any applicable tax certificates and permits, and timely remit any taxes due to the appropriate government entity.
(7) Insurance. An industrial hemp business shall maintain certificates of commercial general liability insurance and endorsements and certificates of all other insurance related to the operation of the industrial hemp business.
(8) Waste management plan. An industrial hemp business shall submit and comply with an approved industrial hemp waste management plan describing how industrial hemp waste will be disposed of.
(c) Random testing. Every industrial hemp business may be subject to random sample testing of a hemp product batch to ensure that businesses comply with State and local regulations.
(1) Any industrial hemp business that obtains a laboratory test report indicating that the percentage content of THC is greater than three-tenths of one (0.3%) percent shall submit a copy of that test report to the City within seven (7) days of receiving that report.
(2) Any industrial hemp business that obtains a laboratory test report indicating that the percentage content of THC is greater than three-tenths of one (0.3%) percent shall destroy the batch of hemp product.
(3) The City may revoke the business license of any industrial hemp business that gets three (3) or more test results that exceed the three-tenths of one (0.3%) percent THC limit.
(1283-CS, Added, 10/22/2020)
5-25-05 Inspections and record retention.
(a) Authority to inspect.
(1) City officials or law enforcement may reasonably enter and inspect the industrial hemp 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 industrial hemp 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. An industrial hemp business shall maintain accurate records of industrial hemp 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.
(1283-CS, Added, 10/22/2020)
5-25-06 Limitations on City’s liability.
To the fullest extent permitted by the law, any industrial hemp manufacturing facility shall execute an agreement indemnifying and holding harmless the City of Turlock, its employees, agents and contractors from any liability or claims arising from issuance of a conditional use permit or business license, pursuant to this chapter, the Turlock Municipal Code or otherwise approving a conditional use permit for an industrial hemp manufacturing facility.
(1283-CS, Added, 10/22/2020)
5-25-07 Appeals.
(a) An applicant or industrial hemp 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.
(1283-CS, Added, 10/22/2020)
5-25-08 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 an industrial hemp business without City approval, or (iii) using unpermitted methods of industrial hemp extraction.
(2) If an industrial hemp 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.
(1283-CS, Added, 10/22/2020)
5-25-09 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.
(c) For purposes of this chapter, the following additional definitions shall apply:
(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.
(1283-CS, Added, 10/22/2020)