§ 20.11.280. Commercial sales, use, and cultivation of nonmedical marijuana.

1.

Prohibition. The following activities shall be prohibited within the city limits, or any other area of jurisdiction, that the City of Delano might otherwise have:

a.

Commercial non-medical marijuana activity is expressly prohibited in all zones and all specific plan areas in the City of Delano. No person shall establish, operate, maintain, conduct or allow commercial non-medical marijuana activity anywhere within the City. No application for a building permit, conditional use permit, business license, or any other entitlement authorizing the establishment, operation, maintenance, development, or construction of any use that allows for commercial non-medical marijuana activity shall be approved.

b.

Subsection a. of this Section is meant to prohibit all activities for which a State license is required pursuant to Proposition 64. Accordingly, the City shall not issue any permit, license or other entitlement for any activity for which a State license is required under Proposition 64. The City shall also not issue any local license to a non-profit pursuant to provisions of Business and Professions Code Section 26070.5.

c.

Marijuana shall not be cultivated upon the grounds of a private residence or outdoors.

d.

Nothing in the ordinance from which this Section is derived, or its adoption, shall be deemed to affect any other prohibitions or regulations relating to marijuana contained in the Delano Municipal Code, including, but not limited to, the provisions of Section 20.11.270 of the Delano Municipal Code. In the event of any conflict between that Section and this Section, the most restrictive provision shall govern. Nothing in this Section shall be deemed to affect or excuse any violation of Section 17.04.080 of the Delano Municipal Code.

2.

Effects on Permissive Zoning Scheme. Nothing in this Section shall be interpreted to the effect that the City's permissive zoning scheme allows any other use not specifically listed therein.

3.

Public Nuisance. 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 summarily abated by the City pursuant to Code of Civil Procedure Section 731 or by any other remedy available to the City.

4.

Prohibited Locations. Individuals cannot possess marijuana on school grounds, and daycare centers, or in youth centers while children are present, or possess an open container of marijuana or marijuana products while driving, operating or riding in any vehicle used for transportation. Individuals are prohibited from the possession, smoking, ingestion, or other uses within buildings or grounds owned, leased or occupied by the city, and that employers, including cities, may maintain a drug and alcohol-free work place by prohibiting the use, consumption, possession, transfer, transportation, sale, display or growth of marijuana in the work place.

5.

Indoor Cultivation Requirements. Indoor cultivation of nonmedical marijuana subject to the following requirements, among others:

a.

The structure where the cultivation is occurring shall fully comply with the UBC and applicable sections of City of Delano building and construction codes.

b.

Indoor grow lights cannot exceed one thousand watts per light.

c.

Gas products for cultivations are prohibited.

d.

Appropriate ventilation and filtration systems must be installed.

e.

Cultivation can only occur in conjunction with residential use.

f.

No exterior evidence of cultivation shall be visible from a public right-of-way.

g.

Written consent of the property owner must be obtained and maintained at the cultivation site.

h.

A portable, working, fire extinguisher must be kept in the same room where cultivation is occurring.

i.

Waste material must be properly disposed of in accordance with applicable state law and local ordinances.

6.

Penalty. Violation of any provision of this Section shall constitute a misdemeanor and shall be punishable by a fine not to exceed five hundred dollars or by imprisonment for a period not to exceed six months, or by both such fine and imprisonment. Each and every day such a violation exists shall constitute a separate and distinct violation of this Section.

7.

Civil Penalties. 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 Section. In any civil action brought pursuant to this Section, a court of competent jurisdiction may award reasonable attorneys' fees and costs to the prevailing party.

8.

Enforcement. The Chief of Police, or his or her designee, is charged with the investigation and enforcement of the Chapter. The Chief of Police, or his or her designee, may utilize other City of Delano or outside resources required to enforcement this Chapter.

9.

Severability. If any section, subsection, subdivision, sentence, clause, phrase or portion of this Section, is for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Section. The City Council hereby declares that it would have adopted this Section and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional.

(Ord. No. 2015-1288, 12-19-2016)