HomeMy WebLinkAbout4136 1 Ordinance No. 4136
2 AN ORDINANCE OF THE COUNTY OF BUTTE AMENDING SECTIONS 34A-1,
3 34A-2, 34A-3 AND 34A-4 OF CHAPTER 34A OF THE BUTTE COUNTY CODE.
4 The Board of Supervisors of the County of Butte ordains as
5 follows :
6 Section 1 . Section 34A-1 of the Butte County Code is amended as follows:
34A-1 Authority and Title. Pursuant to the authority granted by Article
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XI, section 7 of the California Constitution, Health and Safety Code
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sections 11362 . 83 and 11362 .768 (f) , and Government Code section 25845,
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the Board of Supervisors does enact this Chapter, which shall be known
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and may be cited as the "Butte County Medical Marijuana Ordinance."
11 Section 2 . Section 34A-2 is amended as follows:
12 34A-2 Findings and Purpose.
13 (t) Following the passage of the Medical Marijuana Regulation and
14 Safety Act, an increasing number of individuals and businesses began
15 offering mobile delivery of marijuana to customers in the unincorporated
16 areas of Butte County, as evidenced by advertisements online and in local
17 publications, such as the Chico News & Review.
(u) On November 8, 2016 Californians voted to legalize the non-
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medical use of marijuana via Proposition 64, the Control, Regulate, and
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Tax Adult Use of Marijuana Act ("AUMA") . AUMA creates a state regulatory
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and licensing system that governs the commercial cultivation, testing
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and distribution of non-medical marijuana, and the manufacturing of non-
22 medical marijuana products . However, AUMA authorizes local
23 jurisdictions to completely prohibit the establishment or operation of
24 any non-medical marijuana business within its jurisdiction.
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I (v) On June 27, 2017 Governor Brown signed into law Senate Bill
2 94, which provides a single regulatory structure for commercial
3 activities involving both medical and non-medical marijuana. The unified
4 structure repeals the collective/cooperative model, and establishes a
strict licensing scheme, whereby all commercial marijuana activities,
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including retail sales and deliveries, are required to be conducted
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between licensees .
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(w) In January of 2018 the State of California will begin issuing
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licenses for various commercial activities, including cultivation,
9 nurseries, manufacturing, testing, and retail sales and deliveries .
10 However, SB 94 allows local jurisdictions to adopt and enforce ordinances
11 that either regulate those commercial businesses to be licensed by the
12 state, or completely prohibit the establishment or operation of any or
13 all commercial activities within their local jurisdictions .
14 (x) It is also the purpose and intent of this Chapter to regulate
15 commercial activities involving medical marijuana in a manner that is
consistent with state law, and that promotes the health, safety, and
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general welfare of the residents and businesses located within the
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unincorporated areas of Butte County.
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Section 3. Section 34A-3 is amended as follows :
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34A--3 Definitions.
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(d) "Commercial activity" means any enterprise or activity, whether
21 or not for profit, concerning the cultivation, production, storage,
22 processing, manufacture, dispensing, delivery, distribution, laboratory
23 testing, labeling, transportation, provision, or sale of marijuana or
24 marijuana products.
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1 (e) "Cultivation" means the planting and growing of one (1) or more
2 marijuana plants or any part thereof in any location, indoor or outdoor,
3 including from within a fully enclosed and secure building.
4 (f) "Delivery" means the commercial transfer of marijuana or
marijuana products to a customer 21 years of age or older.
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(g) "Distribution" means the procurement, sale, and transport of
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marijuana and marijuana products between licensed entities.
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Distribution does not include such transactions if done directly to an
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individual end-user.
9 (h) "Enforcing Officer" means the Code Enforcement Officer or his
10 or her authorized deputies or designees, each of whom is independently
11 authorized to enforce this Chapter.
12 (i) "Fence" means a wall or a barrier connected by boards, masonry,
13 rails, panels, wire or any other materials approved by the Department
14 of Development Services for the purpose of enclosing space or separating
15 parcels of land. The term "fence" does not include retaining walls.
(j ) "Harvest" means the drying, processing, or storage of marijuana
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which may only occur in a fully enclosed and secure building.
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(k) "Indoors" means within one (1) fully enclosed and secure
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detached structure that complies with the California Building Standards
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Code (Title 24 California Code of Regulations) , as adopted by the County
20 of Butte. The detached structure must be secure against unauthorized
21 entry, accessible only through one (1) or more lockable doors and may
22 be constructed of any approved building materials, including glass, as
23 long as the marijuana being cultivated cannot be seen from any public
24 right-of-way. Any detached, fully-enclosed and secure structure used for
25 the cultivation of marijuana must have a ventilation and filtration
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1 system installed that shall prevent marijuana plant odors from exiting
2 the interior of the structure. Such structure shall be located in the
3 rear yard area of a legal parcel or premises, maintain the setbacks set
4 forth in section 34A-8 and the area surrounding the structure or back
5 yard must be enclosed by a solid fence at least six (6) feet in height.
When this Chapter requires that cultivation of marijuana occur indoors,
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the harvest of such marijuana shall also be accomplished indoors.
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(1) "Legal parcel" means any parcel of real property that may be
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separately sold in compliance with the Subdivision Map Act (Division 2
9 (commencing with Section 66410) of Title 7 of the Government Code) .
10 (m) "Manufacture" means to compound, blend, extract, infuse, or
11 otherwise make or prepare a marijuana product.
12 (n) "Marijuana plant" means any mature or immature marijuana plant,
13 or any marijuana seedling, unless otherwise specifically provided
14 herein. A "mature" marijuana plant is one whose sex can be determined
15 by visual inspection.
16 (o) "Medical marijuana collective" means qualified patients,
persons with valid identification cards, and the designated primary
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caregivers of qualified patients who associate by agreement, or form a
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cooperative in accordance with Section 12300 of the Corporations Code
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within the unincorporated area of the County in order to collectively
20 or cooperatively cultivate marijuana for medical purposes, as provided
21 in Health and Safety Code Section 11362 . 775. The term collective shall
22 include "cooperative" unless the context clearly indicates otherwise.
23 (p) "Outdoors" means any location that is not "indoors" within a
24 fully enclosed and secure structure as defined herein.
25 (q) "parcel" means a "legal parcel" as defined herein.
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I (r) "Premises" means a single, legal parcel of property that
2 includes an occupied legal residence that is a dwelling in compliance
3 with Chapter 26 of the Butte County Code and has also met the requirements
4 of Sections 34A-6 and 34A-7. Where contiguous legal parcels are under
common control or ownership, such contiguous legal parcels shall be
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counted as a single "premises" for purposes of this Chapter.
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(s) "Primary caregiver" means a "primary caregiver" as defined in
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Health and Safety Code Section 11362 .7 (d) .
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(t) "Qualified patient" means a "qualified patient" as defined in
9 Health and Safety Code Section 11362 .7 (f) .
10 (u) "Recommendation" means a written current recommendation signed
11 by a licensed California physician pursuant to Health and Safety Code
12 sections 11362. 5 and 11352 .7 .
13 (v) "Retailer" means a person or business who obtains a state
14 license for the retail sale and delivery of marijuana or marijuana
15 products to customers .
16 (w) "Residential treatment facility" means a facility providing
for treatment of drug and alcohol dependency, including any "sober living
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facility" run by treatment providers for the benefit of transitional
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living.
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(x) "School" means an institution of learning for minors, whether
20 public or private, offering a regular course of instruction required by
21 the California Education Code, or any child or day care facility. This
22 definition includes a nursery school, kindergarten, elementary school,
23 middle or junior high school, senior high school, or any special
24 iii5titution of education, but it does not include a vocational or
25 professional institution of higher education, including a community or
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I junior college, college or university.
2 (y) "School Sus Stop" means any location designated in accordance
3 with California Code of Regulations, Title 13, section 1238, to receive
4 school buses, as defined in California Vehicle Code section 233, or
school pupil activity buses, as defined in Vehicle Code section 546.
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(z) "School Evacuation Site" means any location designated by
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formal action of the governing body, Superintendent, or principal of any
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school as a location to which juveniles are to be evacuated to, or are
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to assemble at, in the event of an emergency or other incident at the
9 school.
10 (aa) "Testing laboratory" means a facility, entity, or site that
11 offers or performs tests or marijuana or marijuana products.
12 (bb) "Youth-oriented facility" means elementary school, middle
13 school, junior high school, high school, public park, and any
14 establishment that advertises in a manner that identifies the
15 establishment as catering to or providing services primarily intended
for minors, or the individuals who regularly patronize, congregate or
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assemble at the establishment are predominantly minors . This shall not
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include a day care or preschool facility.
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Section 4 . Section 34A-4 is amended as follows :
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34A-4 Nuisance Declared; Restrictions on Personal Cultivation and
20 Commercial Activities.
21 e) Except as otherwise authorized in this Chapter, any commercial
22 activity, including but not limited to the cultivation, production,
23 storage, processing, manufacturing, dispensing, distributing, laboratory
24 testing, labeling, transportation, provision or sale of medical
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1 marijuana or medical marijuana products is prohibited in the
2 unincorporated areas of the County of Butte.
3 (f) Notwithstanding subsection (e) , the mobile delivery of medical
4 marijuana or medical marijuana products originating from a licensed
5 retailer, to a customer located in an unincorporated area of Butte
County, is not prohibited.
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Section 5. (CEQA) . The County finds that this Chapter is not subject to
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the California Environmental Quality Act (CEQA) pursuant to Sections
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15060 (c) (2) (the activity will result in a direct or reasonably
9 foreseeable indirect physical change in the environment) and 15061 (b) (3)
10 (there is no possibility the activity in question may have a significant
11 effect on the environment) . In addition to the foregoing general
12 exemptions, the following categorical exemptions apply: Sections 15308
13 (actions taken as authorized by local ordinance to assure protection of
14 the environment) and 15321 (action by agency for enforcement of a law,
15 general rule, standard or objective administered or adopted by the
16 agency, including by direct referral to the County Counsel as appropriate
for judicial enforcement) .
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Section 6. Severability. If any provision of this Chapter or the
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application thereof to any person or circumstance is held invalid, the
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remainder of this Chapter, including the application of such party or
20 provision to other circumstances shall not be affected thereby and shall
21 continue in full force and effect. To this end, provisions of this
22 Chapter are severable. The Board of Supervisors hereby declares that
23 it would have passed each section, subsections, subdivisions,
24 paragraphs, sentences, clauses or phrases be held unconstitutional,
25 invalid or unenforceable.
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1 Section 7 . Effective Date and Publication. The Clerk of the Board will
2 publish the Ordinance codified in this Chapter as required by law. The
3 Ordinance codified in this Chapter shall take effect thirty (30) days
4 after final passage.
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9 PASSED AND ADOPTED by the Board of Supervisors of the County of Butte,
10 State of California, on the 24`"' day of October, 2017, by the following
11 vote:
12 AYES: Supervisors Wahl, Kirk, Lambert, Teeter, and Chair Connelly
NOES: None
13 ABSENT: None
NOT VOTING: None
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BILL CONNELLY, Ch#ir
15 Butte County Board of Supervisors
ATTEST:
16 PAUL BAN, Chief Administrative Officer
and Clerk of the Board of Supervisors
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By:
18 Depluty
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