§ 17.31.500. Prohibition.

A.

Marijuana collectives and cooperatives as defined in Sections 17.31.300H shall be prohibited in all zoning districts within the town. This prohibition shall include the cultivation of marijuana by all marijuana collectives and cooperatives.

B.

Except for delivery by a primary caregiver for a qualified patient, the delivery of marijuana shall be prohibited within the town. No person shall conduct any mobile marijuana delivery service within the town through any means whatsoever. The term "delivery" shall also include the same meaning as set forth in Business and Professions Code Section 19300.5 (m) or as amended.

C.

This section shall prohibit all medical or nonmedical marijuana activities for which a state of California license is required. The town shall not issue any permit, license or other entitlement for any activity for which a state of California license is required under the Medical Marijuana Regulation and Safety Act or the AUMA.

D.

Outdoor cultivation of marijuana for non-commercial medical or commercial purposes, including cultivation by a qualified patient or a primary caregiver or any person, shall be prohibited in all zoning districts within the town. No person, including a qualified patient or primary caregiver, shall cultivate outdoor any amount of marijuana in the town.

E.

When authorized by state law, an authorized grower shall be allowed to cultivate marijuana only in a private residence in a residential zone, only indoors, and only for personal use, in compliance with the following regulations:

1.

If the authorized grower is a tenant, the property owner of the residence shall have given written consent to the cultivation of marijuana on the premises.

2.

The marijuana cultivation area shall be located indoors within a fully enclosed and secure structure and shall not exceed fifty (50) square feet and not exceed ten (10) feet in height, nor shall it come within twelve (12) inches of the ceiling or any cultivation lighting. Cultivation in a structure on the property of the residence but not physically part of the home shall be permitted, only if it is fully enclosed, secure, not visible from a public right-of-way.

3.

Marijuana cultivation lighting shall not exceed one thousand two hundred (1,200) watts in total for the total cultivation area within the residence.

4.

The use of gas products such as, but not limited to, CO2, butane, methane, or any other flammable or non-flammable gas for marijuana cultivation or processing shall be prohibited.

5.

There shall be no exterior visibility or evidence of marijuana cultivation outside the private residence from the public right-of-way, including, but not limited to, any marijuana plants, equipment used in the growing and cultivation operation, and any light emanating from cultivation lighting.

6.

The authorized grower shall reside full-time in the residence where the marijuana cultivation occurs.

7.

The authorized grower shall not participate in marijuana cultivation in any other location within the town.

8.

The residence shall include fully functional and usable kitchen, bathroom, and bedroom areas for their intended use by the resident authorized grower, and the premises shall not be used primarily or exclusively for marijuana cultivation.

9.

The marijuana cultivation area shall be in compliance with the current adopted edition of the California Building Standards Code Section 1203.5 Natural Ventilation or Section 402.3 Mechanical Ventilation (or equivalent), as amended from time to time.

10.

The building official may require additional specific standards to meet the California Building Standards Code and Fire Code, including, but not limited to, installation of fire suppression sprinklers.

11.

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

12.

No more than six (6) marijuana plants, mature or immature, shall be permitted only for personal use under this chapter.

13.

Marijuana in excess of 28.5 grams produced by plants kept for indoor personal cultivation under this chapter must be kept in a locked space on the grounds of the private residence not visible from the public right-of-way.

(Ord. No. 566, § 4, 6-13-2017; Ord. No. 558, § 2, 1-25-2016; Ord. No. 523, § 2, 10-4-2011)