CABICC 2014 Initiative - Medical Marijuana Control Act - Lake County CA

8/12/2019 CABICC 2014 Initiative - Medical Marijuana Control Act - Lake County CA

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To The Honorable Board of Supervisors of Lake County:

We, the signers of this petition, registered and qualified voters and residents of Lake

County, hereby propose an ordinance as set forth herein belo and request that the

proposed ordinance be i!!ediately passed by the Board of Supervisors or otherise be

sub!itted to the vote of the people at the earliest regular or special election for hich thispetition qualifies pursuant to the California "lections Code and other applicable las# The

te$t of the ordinance is set forth belo and on the subsequent pages#

TH" %"&%L" &' L()" C&*+T -& &.-(/+ (S '&LL&WS:

Section 1. Title

This initiative shall be knon and !ay be cited as the 0edical 0ari1uana Control (ct#

Section 2. Findings, Purpose, and Intent

The findings, purpose, and intent of this initiative are the sa!e as those found in Section 2

i!!ediately belo, as e$pressed in the creation of, or a!end!ents to, sections 34563#4

and 34563#3 of Lake County 7oning &rdinance#

Section 3. Medical Marijuana Cultivation Prohibition and i!ited "#ceptions

(rticle 63 of the Lake County 7oning &rdinance, if currently in effect in any for!, is

hereby repealed in its entirety, and then, or otherise if not e$isting or in effect, is created,

enacted, ordained and effectuated by the 8oters to read ith this e$act content only and no

other:

$%TIC" &2

S"C. 21'&2 %"()$TI*+S F*% T" C)TI-$TI*+ *F M"IC$

M$%I/)$+$

&2.1 Findings and Purpose

&2.2 Intent

&2.3 $pplicabilit0

&2. einitions

&2. *utdoor Cultivation i!its and "nviron!ental Standards

&2.4 Creation o Medical Marijuana "norce!ent ivision

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&2.& uties and Functions o Medical Marijuana "norce!ent ivision

&2.5 Creation o Medical Marijuana "norce!ent *icer

&2.6 Mini!u! Mandator0 7ualiications o Medical Marijuana "norce!ent

*icer

&2.18 Collective Cultivation %egistration and Fees

&2.11 Collective Cultivation Co!pliance and ocu!entation

&2.12 Medical Marijuana "norce!ent ivision Co!plaint and +uisance

$bate!ent Procedure

&2.13 +uisance eclared9 "norce!ent $uthorit0

&2.1 Su!!ar0 $bate!ent

&2.1 $bate!ent procedures

&2.14 "norce!ent

&2.1& iabilit0

&2.15 Conlicts :ith *ther Codes

&2.1 Findings and Purpose

=a> /n 4??, the voters of the State of California approved %roposition 34@ =codified as

California Health and Safety Code section 4423#@, and entitled AThe Co!passionate *se

(ct of 4??A>#

=b> The regulated cultivation of !edical !ari1uana by individuals and collectives

allos healing and relieves unnecessary suffering caused both by disease and side effects

of the treat!ents of disease#

=c> (ccording to nu!erous university studies, !edical publications, and independent

researchers, !ari1uana has been found to offer relief fro! a ide range of ail!ents and

side effects of treat!ents for disease#

=d> 'ederal policy denying that !ari1uana has !edicinal uses is rong and i!!oral,

causing unnecessary suffering to, and destruction of, personal, fa!ily, and co!!unity

life#

=e> The State of California and the County of Lake derive their sovereignty fro! the

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sa!e eternal source: the people, the citiens, and the voters of the State and the County

and have the right and sole!n duty to chart their on destinies, including and especially

as to !atters of the public health and elfare#

=f> (ll citien patients have a right to cultivate enough !edicine to !eet their on

personal needs on their on property and in their on ho!es provided they are respectful

of their neighbors right to peaceful en1oy!ent of their on property#

=g> 0any patients are not capable of cultivating their on !ari1uana# Cultivation

involves strenuous physical activity, constant attention, and a sieable infrastructural

invest!ent# Creating regulations for collective cultivation creates access for patients ho

otherise ould not be able to cultivate their on !edicine#

=h> By co!bining !ultiple s!aller gardens into one !ediu!5sied collective garden,

econo!ies of scale can be reached ithout groing so large as to i!pact the surrounding

co!!unity, particularly if such collective gardens follo appropriate locational and

security require!ents# 0oreover, collective gardens are less likely than individual gardens

to be left unattended, hich reduces the risk of garden5related cri!e, and are easier for the

County to keep track of and regulate#

=i> The federal govern!ent is alloing Colorado and Washington to !ove forard

ith !ari1uana legaliation, and has stated that they are taking a hands5off approach to

locally5regulated !ari1uana# /n his (ugust 3?, 3942 !e!orandu! to *nited States

(ttorneys, Sub1ect: Duidance .egarding 0ari1uana "nforce!ent, -eputy (ttorney

Deneral Ea!es 0# Cole rote, F/n 1urisdictions that have enacted las legaliing

!ari1uana in so!e for! and that have also implemented strong and effective regulatory

and enforcement systems to control the cultivation, distribution, sale, and possession of

!ari1uana, conduct in co!pliance ith those las and regulations is less likely to threaten

the federal enforce!ent priorities#G ="!phasis added#> Thus, it is i!perative that Lake

County i!ple!ent Fstrong and effective regulatory and enforce!ent syste!s to control

the cultivationG of !edical !ari1uana to stay in co!pliance ith prevailing federal

tolerance para!eters#

=1> Land use and nuisance issues arise in the absence of reasonable regulations and

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effective enforce!ent# To prevent such issues fro! arising, and to address the! hen and

if they do, the County should pro!ulgate reasonable regulations and i!ple!ent effective

enforce!ent of those regulations#

=k> /n 399 Health and Safety Code section 4423#;2 e$pressly allos cities and counties to

adopt and enforce ordinances that are consistent ith Senate Bill


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proper and necessary to avoid the risks of violent cri!inal activity and degradation of the

natural environ!ent, that !ay result fro! unregulated !ari1uana cultivation, and that are

especially significant if the a!ount of !ari1uana cultivated on a single legal parcel is not

regulated and substantial a!ounts of !ari1uana are thereby alloed to be concentrated in

one place#

=o> 8arious environ!ental issues can arise fro! any kind of agricultural or gardening

activity, including the cultivation of !ari1uana for !edical purposes# To address such

issues, the County should identify, encourage, and publicie 0edical 0ari1uana

Cultivation Best 0anage!ent %ractices, including but not li!ited to: WaterI Soil

Conservation, "rosion and Sedi!entationI %otting SoilI (!end!ents, +utrients, and

'ertiliersI -isease and %est ControlI .ats, 0ice, and &ther Wildlife Har!ful to

CultivationI etc#

=p> /t is the purpose and intent of this (rticle to i!ple!ent State la by providing a

!eans for regulating the cultivation of !edical !ari1uana in a !anner that is consistent

ith State la and hich balances the needs of !edical patients and their caregivers and

pro!otes the health, safety, and elfare of the residents and businesses ithin the

unincorporated areas of the County of Lake# This (rticle is intended to be consistent ith

%roposition 34@ and Senate Bill The li!ited right of qualified patients and their pri!ary caregivers under State la

to cultivate !ari1uana plants for !edical purposes does not confer the right to create or

!aintain a public nuisance# By adopting the regulations contained in this (rticle, the

County ill achieve a significant reduction in the afore!entioned har!s caused or

threatened by the unregulated cultivation of !ari1uana in the unincorporated areas of Lake

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County#

=r> Based on the 'ull Ti!e "!ployee cost to the County of a Code "nforce!ent

&fficer being appro$i!ately J22#@3 per hour according to staff, and based on the cost of

equipping and facilitating a Code "nforce!ent &fficer, and based on the anticipated

participation in the !edical !ari1uana cultivation registration syste! being proportionally

equivalent to that historically de!onstrated in other counties, a li!it of J@9#99 =fifty

dollars> as a registration and regulation cost recovery fee per plant registered is found to

be reasonable#

&2.2 Intent

=a>/t is the intent of the 8oters of Lake County to prohibit the large scale cultivation of

!ari1uana used for non5!edical purposes, hile regulating the cultivation of li!ited

a!ounts of !ari1uana for !edical purposes to acco!!odate the needs of qualified

patients andKor their caregivers, in order to protect Lake Countys unique and sensitive

environ!ent, and to preserve the public peace, health, safety and general elfare of the

citiens of, and visitors to, the County, by co!prehensively and co!pletely regulating all

!edical !ari1uana cultivation ith the specific prohibitions and e$ceptions provided in

this initiative ordinance# /t is also the intent of the 8oters that nothing in this (rticle shall

be construed to allo persons to engage in conduct that endangers others or causes a

public nuisance, or to allo the use or diversion of !ari1uana for non5!edical purposes#

=b> /t is also the intent of the 8oters that the enforce!ent of regulations regarding !edical

!ari1uana cultivation be pri!arily ad!inistrative in nature and handled by a ne 0edical

0ari1uana "nforce!ent -ivision under the Co!!unity -evelop!ent -epart!ent hich

shall have at least one full ti!e 0edical 0ari1uana "nforce!ent &fficer ho shall useinfor!al, educational, ad!inistrative, and civil abate!ent, !easures and penalties only#

=c> /t is also the intent of the 8oters that no depart!ent, agency, co!!ission, officer, or

e!ployee of the County of Lake shall use any County funds or resources to assist in the

enforce!ent of 'ederal controlled substance las to the e$tent that they are inconsistent

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ith California !edical !ari1uana las, including but not li!ited to the C*( and 00%,

unless such assistance is required by 'ederal or State statute, regulation, or court decision#

=d> /t is also the intent of the 8oters that the County of Lake shall not accept any 'ederal

funding that ould be used to investigate, cite, arrest, prosecute, or seie property based

on offenses otherise legal under California !edical !ari1uana las, nor participate in

any task force that accepts any 'ederal funding or revenue sharing and that investigates,

cites, arrests, prosecutes, or seies property based on offenses otherise legal under

California !edical !ari1uana las# Specifically, these prohibitions on accepting funding

and task force participation shall not apply to the folloing activities here not legal

under California !edical !ari1uana las:

=4> -istribution or sale of !ari1uana to !inorsI

=3> Cultivation or sale of !ari1uana on public propertyI

=2> -riving under the influenceI and

= /nterstate or international gang activity#

&2.3 $pplicabilit0

The provisions of this (rticle shall be applicable to all persons and businesses described

herein hether the activities described herein ere established before or after the effective

date of this (rticle#

&2. einitions

=a> Cultivation: The planting, groing, harvesting, drying, processing or storage of

one or !ore !ari1uana plants or any part thereof#

=b> Collective cultivation: Cultivation by !ore than one ualified %atient or %ri!ary

Caregiver, or in e$cess of plants on one legal parcel#

=c> "nforce!ent &fficial: (s used in this (rticle, shall !ean the Co!!unity

-evelop!ent -irector, or the 0edical 0ari1uana "nforce!ent &fficer of the nely

created 0edical 0ari1uana "nforce!ent -ivision in the Co!!unity -evelop!ent

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-epart!ent#

=d> 'ence: !eans a all or a barrier connected by boards, !asonry, rails, panels, ire

or any other !aterials approved by the Co!!unity -evelop!ent -epart!ent for the

purposeofenclosing space or separating parcels of land# The ter! AfenceA does not

include retaining alls, plastic, tarp, ba!boo coverings, corrugated !etal, or other

!aterials not designed or !anufactured for use as a fence#

=e> Legal parcel, (ssessors parcel and Contiguous parcel: Legal parcel !eans any

parcel of real property that !ay be separately sold in co!pliance ith the Subdivision

0ap (ct =-ivision 3 =co!!encing ith Section of Title 6 of the Dovern!ent

Code># (ssessors parcel !eans a specific plot of land designated by the Lake County

(ssessor ith an (ssessors %arcel +u!ber, or (%+# Contiguous %arcel =either legal or

assessors>, or contiguous, !eans a parcel that shares or touches an edge or boundary of a

legal parcel ith a %er!itted residential use# 'or the purposes of this (rticle only,

provided there is a %er!itted residential use on a legal parcel, additional contiguous legal

or assessors parcels ithout a %er!itted residential use and under the sa!e possession

and control shall be construed, at the discretion of the person ith possession and control,

as part of the sa!e legal parcel only for purposes of deter!ining total sie in acreage, the

nu!ber of plants alloed or prohibited, and here the plants can be cultivated#

=f> 0ari1uana: shall have the sa!e !eaning as that set forth in California Health and

Safety Code Section 4494;#

=g> 0ari1uana plant, or %lant: !eans a !ari1uana plant hose se$ can be deter!ined

by visual inspection#

=h> 0edical 0ari1uana: !eans !ari1uana gron for qualified patients, and the

designated pri!ary caregivers of qualified patients, for !edical purposes, as provided inCalifornia Health and Safety Code Section 4423#@#

=i> 0edical 0ari1uana Collective: !eans ualified %atients andKordesignated %ri!ary

Caregivers of ualified %atients, ho associate as a collective, or ho for! a cooperative,

to collectively or cooperatively cultivate 0ari1uana for !edical purposes, as provided in

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California Health and Safety Code Section 4423#66@, as !ay be a!ended# The ter!

collective shall include AcooperativeA unless the conte$t clearly indicates otherise#

=1> 0edical 0ari1uana "nforce!ent -ivision =00"->: a nely created division of

the Co!!unity -evelop!ent -epart!ent created by the 8oters of Lake County by this

initiative ordinance to oversee and enforce co!pliance ith this (rticle#

=k> 0edical 0ari1uana "nforce!ent &fficer =00"&>: a ne position created by the

8oters of Lake County by this initiative ordinance, ithin the nely created 0edical

0ari1uana "nforce!ent -ivision in the Co!!unity -evelop!ent -epart!ent, to oversee

and enforce co!pliance ith this (rticle# (n 00"& is parallel to, equivalent in pay and

position to, and has the sa!e poers as, a 7oning Code Co!pliance &fficer#

=l> &utdoor Cultivation: Shall !ean cultivation activities that are not conducted

ithin a fully enclosed, per!itted building, constructed of solid !aterials, accessible only

through one or !ore locking doors# 'or purposes of this ordinance, cultivation ithin a

greenhouse, ro cover, or AhoophouseA shall be considered outdoor cultivation#

=!> %esticides: Shall have the sa!e !eaning as set forth in (rticle 4, -ivision ,

Section 999 of the California Code of .egulations, and (rticle 4, -ivision 6, Section

436@2 of the California 'ood and (griculture Code#

=n> %lant: see, 0ari1uana plant, above#

=o> %ri!ary Caregiver: Shall !ean the individual designated by the patient ho has

consistently assu!ed responsibility for the housing, health, or safety of that person, as

defined in %roposition 34@ and Senate Bill ith !edical !ari1uana# 'or purposes of this (rticle, the

pri!ary caregivers pri!ary place of residence shall be ithin Lake County#

=p> %re!ises: /ncludes the actual building, as ell as accessory structures, parking

areas and other on5site i!prove!ents#

=q> ualified %atient: ( person ho either has a State of California 0edical 0ari1uana

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/dentification Card, or a reco!!endation to use !ari1uana for !edical purposes fro! a

physician licensed by the State of California, and ho is entitled to the protections of the

Co!passionate *se (ct of 4?? andKor the 0edical 0ari1uana %rogra! (ct of 3992#

=r> .esidentK.esidentialK%er!itted .esidential *seK.esidency: The pri!ary place of

residence for persons engaging in the individual cultivation of !edical !ari1uana shall be

the legal parcel on hich the !edical !ari1uana is cultivated# 'or collective cultivation, as

provided in Section 63#@=1>=4>, belo, the legal parcel on hich the !edical !ari1uana is

cultivated shall be the principal pri!ary residence ofat least one of the pri!ary caregivers

or qualified patients for ho! the !edical !ari1uana is being cultivated# 'or the purposes

of this (rticle, F%er!itted .esidential *seG shall include, ithout li!it, prior legal

nonconfor!ing uses and Te!porary -elling %er!its#

&2. *utdoor Cultivation i!its and "nviron!ental Standards;

=a> Cultivation on vacant parcels is prohibited e$cept for contiguous parcels as set

forth in Section 63## Cultivation is an accessory use to an e$isting, %er!itted

.esidential *se of a legal parcel, and the qualified patient or pri!ary caregiver engaged in

individual cultivation !ust reside at the site of the legal parcel#

=b> &utdoor cultivation by qualified patients and pri!ary caregivers, hether

conducted outside or ithin a greenhouse, ro cover, or AhoophouseA shall be co!pletely

prohibited on all legal parcels ithin every 7oning -istrict, ith only the folloing

strictly li!ited e$ceptions:

4# Those legal parcels ith %er!itted .esidential *se, less thanone acre in sie: /n e$cess of < plants per parcel prohibited,

provided that the restrictions of section 345


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acre but less than @ acres in sie: /n e$cess of 43 plants

prohibitedI

2# Those legal parcels ith %er!itted .esidential *se, at least @

acres in sie: in e$cess of &utdoor cultivation, including any topsoil, pesticides as defined by Section

63# of this (rticle, or fertiliers used for the cultivation of !edical !ari1uana shall not

be located or applied, ithin 499 feet of any spring, top of bank of any creek or seasonal

strea!, edge of lake, delineated etland or vernal pool# 'or purposes of deter!ining the

edge of Clear Lake, the setback shall be !easured fro! the full lake level of 6#6? feet on

the .u!sey Dauge#

=f> (ll persons engaging in the cultivation of !edical !ari1uana shall:

4# Have a legal ater source on the pre!ises#

3# +ot engage in unlaful or unper!itted surface draing of ater for

such cultivation#

2# +ot allo effluent discharges of irrigation or stor! ater fro! the

pre!ises, as defined in Title


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@# Co!ply ith the California Health and Safety Code, such that the

use of haardous !aterials shall be prohibited in the cultivation of

!ari1uana e$cept for li!ited quantities of haardous !aterials that

are belo State threshold levels of @@ gallons of liquid, @99 pounds

of solid, or 399 cubic feet of co!pressed gas# (ny haardous

!aterials stored shall !aintain a !ini!u! setback distance of 499

feet fro! anyprivate drinking ater ell, spring, top of bank of any

creek or seasonal strea!, edge of lake, delineated etland or vernal

pool, and 399 feet fro! anypublic ater supply ell# The

production of any Haardous Waste as part of the Cultivation

process shall be prohibited#

=g> 'encing, screening and security require!ents shall include all of the folloing:

4# &n legal parcels ith %er!itted .esidential *se, ithin 7oning

-istricts .4, .3, .2, and %-., regardless of legal parcel sie,

outdoor cultivation shall be co!pletely screened fro! public vie

ith a fully enclosed solid fence of a !ini!u! of si$ => but not

!ore than eight =;> feet in height, securely surrounding the entire

peri!eter of the property, curtilage, or garden, ith locked gates, or

doors if access is through a building incorporated into the secure

fence line, to prevent unauthoried entry# The !ari1uana shall be

shielded fro!public vie at all stages of groth# The fence !ust

be adequately secure to prevent unauthoried entry and include a

locking gate or door that shall re!ain locked at all ti!es hen a

ualified %atient or %ri!ary Caregiver is notpresent ithin the

Cultivation area# (ll fences shall co!ply ith the location and

height li!itations of the 7oning &rdinance and fences seven =6> feet

or taller shall require approval of a building per!it fro! the Lake

County Building and Safety -ivision prior toconstruction#

3# &n legal parcels ith %er!itted .esidential *se, covered by

sections 63#@=b>=3>5= above, outdoor cultivation shall be

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co!pletely screened or not visible fro! public vie and reasonably

secure fro! unauthoried intrusion# F.easonably secureG !ay

include but shall not be li!ited to, securely surrounding the entire

peri!eter of the property, curtilage, or garden, ith a fully enclosed

solid fence of a !ini!u! of si$ => but not !ore than eight =;> feet

in height, ith locked gates or doors, as per section 63#@=g>=4>,

i!!ediately above# The !ari1uana shall be shielded fro!public

vie at all stages of groth# The cultivation area !ust be secured

fro! unauthoried entry at all ti!es hen a qualified patient or

caregiver is notpresent ithin the cultivation area# (ll fences shall

co!ply ith the location and height li!itations of the 7oning

&rdinance and fences seven =6> feet or taller shall require approval

of a building per!it fro! the Lake County Building and Safety

-ivision prior toconstruction#

=h> 4# &n legal parcels ith %er!itted .esidential *se, ithin 7oning

-istricts .4, .3, .2, and %-., and on all legal parcels of less than

one acre in sie, outdoor !edical !ari1uana shall not be cultivated

or otherise placed ithin 39 feet of any property line or ithin 3@

feet of any off5site residence, as !easured fro! the edge of the

cultivation area#

3# &n legal parcels ith %er!itted .esidential *se, at least one acre

but less than five acres in sie, outdoor !edical !ari1uana shall not

be cultivated or otherise placed ithin @9 feet of any property line

or ithin 6@ feet of any off5site residence, as !easured fro! the

edge of the cultivation area#

2# &n legal parcels ith %er!itted .esidential *se, at least five acres

but less than tenty acres in sie, outdoor !edical !ari1uana shall

not be cultivated or otherise placed ithin @9 feet of any property

line or ithin 6@ feet of any off5site residence, as !easured fro!

the edge of the cultivation area#

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=3> and

=2> above can be approved by the 00"& if good cause is shon#

The approval shall be in riting and shall be returned ith the

application docu!ents to the applicant ho shall !aintain the!

ith the rest of the co!pliance docu!ents to be !aintained per

section 63#44# (pplication for e$ceptions !ust be sub!itted in

riting and include:

a#0ap dran or photographed, shoing actual distance fro!

property line or off site residence#

b#/llustration of good cause hy li!itations cannot be !et#

c# Letter fro! any affected contiguous neighbor supporting the

application for e$ception, including ith required conditions such

as but not li!ited to greenhouses or specific strain cultivation#

=i> 0edical 0ari1uana cultivation shall not adversely affect the health or

safety of nearby residents by creating e$cessive dust, glare, heat,

noise, traffic, odor or other i!pacts, or be haardous due to use or

storage of fertiliers, pesticides or astes#

=1> The folloing additional standards shall apply to outdoor collective

cultivation:

4# The legal parcel on hich the !edical !ari1uana is cultivated

shall be the principal pri!ary residence of at least one of the

pri!ary caregivers or qualified patients for ho! the !edical

!ari1uana is being cultivated#

3# The cultivation shall be co!pletely screened fro! public vie

and secure fro! unauthoried intrusion, as set forth above in

63#@=g>=3># The cultivation area !ust be secure fro!

unauthoried entry at all ti!es hen the qualified patient or

caregiver is not in the i!!ediate area# 'ences and gates shall

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co!ply ith the height li!its specified by Section are to oversee

and enforce co!pliance ith this (rticle, and include but are not li!ited to:

4> Co!!unity "ducation =via in5person classes, printed guides to best

!anage!ent practices, including the +orthern California 'ar!ers Duide, andebsite> on:

(> 0edical 0ari1uana .egulations 'ound in this (rticle =including,

registration application process, co!pliance, and enforce!ent>, and

B> 0edical 0ari1uana Cultivation Best 0anage!ent %ractices =including

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issues regarding: WaterI Soil Conservation, "rosion and Sedi!entationI

%otting SoilI (!end!ents, +utrients, and 'ertiliersI -isease and %est

ControlI .ats, 0ice, and &ther Wildlife Har!ful to CultivationI etc#>I

3> (ccepting and processing registration applicationsI

2> .eceiving and trans!itting fees and ta$es as appropriateI and

.esponding to co!!unity co!plaints: sending notice letters, follo5up

co!pliance inspections, discretionary deter!ination of regulatory violation

=nuisance per se> and of actual nuisance in fact, ad!inistrative enforce!ent per

code =including su!!ary abate!ent here arranted> or referral to County

Counsel for civil enforce!ent in Superior Court#

&2.5 Creation o Medical Marijuana "norce!ent *icer;There is hereby created a

position of 0edical 0ari1uana "nforce!ent &fficer =00"&> in the 0edical 0ari1uana

"nforce!ent -ivision =00"-># The duties and functions of the 0edical 0ari1uana

"nforce!ent &fficer are the sa!e as those of the -ivision# ( 0edical 0ari1uana

"nforce!ent &fficer shall be parallel to, equivalent in pay and position to, given at least

the sa!e equip!ent, tools, transportation, co!!unication, and offices as, and have the

sa!e poers as, a Code "nforce!ent and 7oning Code Co!pliance &fficer at the

(dvanced Level# There shall be at least one full5ti!e county e!ployee 0edical 0ari1uana

"nforce!ent &fficer at all ti!es#

&2.6 Mini!u! Mandator0 7ualiications o Medical Marijuana "norce!ent

*icer;+o 0edical 0ari1uana "nforce!ent &fficer =00"&> shall be hired be the

co!!unity develop!ent director, unless ratified by a !a1ority vote of the Board of

Supervisors folloing a public hearing on the qualifications of the applicant# (pplicant

should be sub1ect to the sa!e pre5e!ploy!ent screening as other e!ployees of theCo!!unity -evelop!ent -epart!ent, and shall not have any drug5related cri!inal

convictions# /n addition to these require!ents, the 00"& shall !eet the folloing

require!ents, provided that these require!ents are aived if no one ith these

qualifications applies, in hich case they should be folloed closely as guidelines:

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4> )noledge of, or e$perience ith, legal cannabis cultivation#

3> )noledge of, or e$perience ith, organic far!ing and best far!ing practices#

3> )noledge of, or e$perience ith, oning regulations or code co!pliance#

&2.18 Collective Cultivation %egistration and Fees

=a> (ll collective cultivation activity of !ore than 43 plants per legal parcel !ust be

registered annually ith the 0edical 0ari1uana "nforce!ent -ivision =00"-> before

plants are planted# Cultivation activity of 43 plants or less can also be voluntarily

registered# .egistration docu!ent require!ents shall consist of and be strictly li!ited to

these nine ite!s, of hich only the first three shall be !aintained in the 00"-s files,

the latter si$ shall be revieed for co!pleteness at the 00"- registration processing

appoint!ent and returned to the registrant ith a Ffiled5received ti!e and dateG sta!p#

4# .egistrant -ocu!entation

Copies of California State 0edical 0ari1uana /dentification Cards

=00/-s> are !andatory for Lake County collective cultivation

registrationI at least one such card !ust be produced by the registrant, ho

shall be a patient or caregiver !e!ber responsible for garden !anage!ent

and co!pliance ith this (rticle, to be used to identify the registration file#

/f the registrant has applied for an 00/- and applies for registration

before the 00/- has been received, the registrant can register by

producing evidence of having applied in hich case the 00"- shall issue

a te!porary nu!ber to be used in place of the 00/- nu!ber, hich the

registrant !ust !aintain a record of# Within ten days of receiving the

00/-, the registrant shall provide the 00"- a copy of the 00/- and

the te!porary nu!ber so that the registration file can be re5identified by00/- nu!ber#

See, e#g#,

http:KKhealth#co#lake#ca#usK0edicalM0ari1uanaM/dentificationMCardMM00/

-M#ht!

3399639;#doc, %age 46 of 2


18/34

3# Collective -ocu!entation

/ncluding, if e$isting, Collective (gree!ent, (rticles of /ncorporation, or

(rticles of (ssociationI or 0e!bership 'or!s, indicating agree!ent to

associate to cultivate collectively, signed and redacted of all identifying

infor!ation, including docu!entation of !e!bers eligibility as qualified

patients or pri!ary caregivers, such as copies of 00/- cards or current

physician reco!!endationsI or docu!entation indicating that the registrant

is cultivating on behalf of a storefront collective that !aintains records of

pri!ary caregiver and qualified patient !e!bers, available on reasonable

request#

2# Co!pleted 00"- .egistration 'or!

This for! ill be prepared by the 00"-, and ill request the 00/-

nu!ber of the registrant, the nu!ber of plants to be cultivated, and

acknoledg!entthat the registrant has received: a copy of this (rticle and

agrees to fully co!ply thereith, including by !aintaining for at least one

year, all the docu!ents required by this Section 63#49=a>=4>5=?>, including

all registration application docu!ents, including (nnual Certificate of

0edical 0ari1uana Collective Cultivation .egistration and 'ee %ay!ent,

Site %lan, +eighborhood Conte$t 0ap, 'encing %lan, Water docu!entation

that indicates legal source require!ent is !et, Soil Conservation

%lanK"ffluent -ischarge .eduction %lan, and -isease and %est

0anage!ent %lanI and a copy of+orthern California 'ar!ers Duide and

other best !anage!ent practices guides and infor!ation to be produced

and provided by 00"-#


19/34

Shos that the site !eets all oning and locational restrictions#

# 'encing %lan

-escribes co!pliant fencing as needed =can be part of Site %lan>

The above plans need not be architectural draings, a !odified Doogle

earth photo, or carefully dran to scale plan on at least ;#@G $ 44G for!at,

or equivalent, ill suffice#

The folloing docu!ents together shall be knon as the 'ar! %lan

=including so!e !aintained as ongoing logs of operations>:

6# Water docu!entation

/ndicates legal source require!ent is !et#

;# Soil Conservation %lanK"ffluent -ischarge .eduction %lan

States hether plants are or ill be planted in the ground, beds, or potsI

ho the cultivated area has been and or ill be a!ended, and the

anticipated nutrient application schedule details and historical log

!aintained in real ti!e# /ncludes a !ediu! disposal plan# /f the !ediu! is

going to be reused for !ultiple seasons, describes hat efforts ill be !ade

to eli!inate nutrient runoff fro! occurring during the inter rain season#

?# -isease and %est 0anage!ent %lan

&utlines the far!ing operations plan for deterring disease, pest and rodent

issues# /nclude anticipated preventative treat!ents as ell as ongoing

treat!ents# (ll treat!ents shall be logged for each application# Log

infor!ation shall include type of pesticideKfungicide used, ratio of !i$ture,

date of application, and reason for application#

=b> Collective cultivation annual registration requires pay!ent of a fee per plant, to be

set by the Lake County Board of Supervisors in accordance ith all applicable las and

regulations, and to be incorporated as part of the %lanning -epart!ent 'ee Schedule, and

3399639;#doc, %age 4? of 2


20/34

not to e$ceed J@9 =fifty dollars> per plant#

=c> *pon receipt of a co!plete and facially valid set of registration docu!ents and

pay!ent of the required fee, the 00"- shall, i!!ediately, issue an (nnual Certificate of

0edical 0ari1uana Collective Cultivation .egistration and 'ee %ay!ent, indicating the

date of registration, the 00/- +u!ber of the registrant, the nu!ber of plants registered

and the total fee paid# The 00"- is authoried to accept such docu!ents either over the

counter on de!and or by appoint!ent !ade by phone or e!ail, provided that such

appoint!ent inquiries shall be responded to ithin three business days and offer an

appoint!ent ithin five business days of the response to sub!it registration docu!ents

and pay the registration fee# The 00"- ill also provide registrant ith a copy of all

registration docu!ents ith a Ffiled5received ti!e and dateG sta!p#

=d> .egistration files !aintained by the 00"- shall be identified by the 00/-

nu!ber of the individual registrant onlyNno other identifying infor!ation shall be

requested or required# This syste! of enforce!ent is co!plaint5driven only# &n receipt of

a co!!unity co!plaint by a neighbor orking or residing ithin 99 feet of the alleged

nonco!pliant collective cultivation site, the 00"- shall send a notice to the oner and

occupant of the property co!plained of, as described in detail belo at 63#43 O 63#4@#/f

the alleged nonco!pliance is not corrected ithin the ti!e prescribed and a second

co!plaint is received, the 00"- ill inspect and take su!!ary or regular abate!ent

!easures as arranted#

&2.11 Collective Cultivation Co!pliance and ocu!entation

=a> Collective cultivation registrants are required to 4> fa!iliarie the!selves ith all

the relevant require!ents of state and county la, including this (rticle and the contentsof the 0edical 0ari1uana "nforce!ent -ivisions Co!!unity "ducation ebsite, 3> to

re!ain in co!pliance ith all state and local legal require!ents, including those affecting

environ!ental integrity, 2> not create or allo nuisance, and actively pro!ote

co!!unity har!ony as a good neighbor# Collective cultivation activity !ust not be

visible fro! public vie#

3399639;#doc, %age 39 of 2


21/34

=b> /f discovered due to co!!unity co!plaint or 0edical 0ari1uana "nforce!ent

-ivision investigation folloing a co!plaint, the registrant !ust produce to the 00"-

pro!ptly on reasonable request all of the docu!ents required by Section 63#49=a>=4>5=?>,

the (nnual Certificate of 0edical 0ari1uana Collective Cultivation .egistration and 'ee

%ay!ent, and any e$ception approval granted per 63#@=h>=, hich docu!ents !ust be

current and !aintained at the collective cultivation site at all ti!es#

&2.12 Medical Marijuana "norce!ent ivision Co!plaint and +uisance

$bate!ent Procedure

=a> (ny person residing or orking in Lake County ithin 99 feet of an allegedly

nonco!pliant !edical !ari1uana cultivation site !ay co!plain of such to the

00"-# Co!plaints !ust be in riting and !ust specify the location co!plained

of# *pon request for anony!ity, Co!plainants na!es shall be kept private, and

shall not under any circu!stances be disclosed to anyone# &n first co!plaint,

00"- ill i!!ediately ithin 3 business days of discovering property oner

and occupant addresses, send letters to the property oner and to property

occupant advising of their duty 4> to co!ply ith all state and local !edical

!ari1uana cultivation regulations, su!!aried on the 00"- ebsite and in letter

enclosure and 3> to prevent and abate any nuisance in fact, giving 49 days to fully

co!ply, sub1ect to inspection and abate!ent, including su!!ary#

=b> &n a second co!plaint, !eeting the require!ents described in =a> above, ithin a

4@5day period, 00"- shall inspect the site and deter!ine if there is 4> regulation

violation, andKor 3> nuisance in fact, and if so, hether they rise to: (> the level of

su!!ary abate!ent, as defined in Section 63#4< belo, hich includes i!!ediate

destruction of the plants so offending, ith hearing to follo abate!ent

specifically to address the issue of Fi!!ediate threatG, or B> only the level of

regular abate!ent including opportunity to co!ply pro!ptly, or to appeal and be

heard before abate!ent#

=c> ( co!plaint that alleges an i!!ediate threat to public health or safety ill be

3399639;#doc, %age 34 of 2


22/34

pro!ptly investigated by 00"-, and if ell founded, is sub1ect to su!!ary

abate!ent as described in Section 63#4 Co!plaints by !ultiple neighbors that a cultivation site is a nuisance, including by

odor, shall be prioritied by the 00"- for pro!pt enforce!ent# The period for

co!pliance in =a>=3> above shall be reduced fro! 49 days to @ days in these cases#

&dor and other issues !ay be re!edied on a case5by5case basis by pro!ptly

installing or constructing a fully5enclosed greenhouse ith odor filters#

&2.13 +uisance eclared9 "norce!ent $uthorit0

=a> The cultivation of !ari1uana plants in e$cess of the a!ounts specified by

this (rticle for individuals and collective or cooperative organiations, on

any legal parcel is hereby declared to be unlaful# (ny violation of this

ordinance shall constitute a public nuisance and shall be sub1ect to

abate!ent asprovided by all applicable provisions of la# (ny person ho

violates a provision of this (rticle is sub1ect to civil actions and

ad!inistrative penalties#

=b> (ny person, fir!, partnership, association, corporation or other entity

hether a principal agent, e!ployee or otherise, ho ons or is a tenant

upon the property upon hich !edical !ari1uana is cultivated, e$cept as

provided for in Sections 63#@, or ons the !edical !ari1uana that is

cultivated at the legal parcel or otherise violates any of the provisions of

this ordinance can be charged ith an infraction at the discretion of the

district attorney#

=c> /f charged as an infraction, the violation shall be punishable by a fine not

e$ceeding Three Hundred -ollars =J299#99> for the first violation, 'ive

Hundred -ollars =J@99#99> for the second violation ithin one year, and

&ne Thousand -ollars =J4,999#99> for each additional violation ithin one

year# Such person, fir!, partnership, association, corporation or other entity

3399639;#doc, %age 33 of 2


23/34

!ay be charged ith a separate offense for each and every day, or portion of

a day, that a violation e$ists#

=d> (ll re!edies prescribed under this chapter shall be cu!ulative and the

election of one or !ore re!edies shall not bar the county fro! the pursuit of

any other re!edy for the purpose of abating or otherise regulating or

preventing public nuisances#

=e> %ri!ary responsibility for enforce!ent of this ordinance shall vest ith the

0edical 0ari1uana "nforce!ent -ivision#

=f> +othing herein shall confer on any person the right to !aintain a public or

private nuisance# "$cept for actions arising out of this chapter, no provision

of this chapter shallbe dee!ed a defense or i!!unity to any action brought

against any person by the -istrict (ttorney, the State of California, the

*nited States, or any other person#

&2.1 Su!!ar0 $bate!ent. *nlaful !ari1uana cultivation in violation of Sections

63#@=a> through =f> of this (rticle, that constitutes an i!!ediate threat or danger to

the health, safety and elfare of thepublic !ay, therefore, be su!!arily abated in

accordance ith Dovern!ent Code Section 3@;44, and any person=s> deter!ined to be responsible !ay nevertheless be

sub1ect to civil actions and ad!inistrative penalties as specified in Section 63#42 P

Section 63#4=b> of this (rticle#

&2.1 $bate!ent procedures.Whenever an "nforce!ent &fficial deter!ines that a

violation of this Chapter e$ists that results in a public nuisance, he or she shall

direct in riting that the public nuisance be abated ithin ten =49> business days# /fthe condition=s> continue beyond ten =49> business days and are not abatedby the

property oner or tenant, the "nforce!ent &fficial shall be authoried to abate the

nuisance#

=a> +otice and *rder to $bate )nla:ul Marijuana Cultivation. Whenever

3399639;#doc, %age 32 of 2


24/34

an enforce!ent official deter!ines that a public nuisance as described in

this (rticle e$ists on any property ithin the unincorporated area of Lake

County he or she is authoried tonotify both the oner and the occupant=s>

of the pre!ises through issuance of a A+otice and &rder to (bate *nlaful

0ari1uana Cultivation#G

=b> Contents o +otice# The +otice set forth in Section 63#4@=a> shall be in

riting and shall:

4# Contain a heading, A+otice and &rder to (bate *nlaful 0ari1uana

Cultivation,A in letters of not less than three5fourths =Q> of an inch

in height#

3# Contain the street address, legal description, (ssessors %arcel

+u!ber or other description sufficient to identify the pre!ises

affected#

2# /dentify the oner=s> of record of the property upon hich the

nuisance e$ists, and if knon identify the occupant=s> if other than

the oner=s>#

violated#

@# State the action=s> required to correct the violation=s># Where the

"nforce!ent &fficial has deter!ined that the condition causing the

nuisance can be abated by the property oner or tenant, the notice

shall state the action hich ill be required to co!ply ith this

(rticle#

# /dentify the County depart!ent and "nforce!ent &fficial

responsible for the enforce!ent action ith contact infor!ation

including County office location and telephone nu!ber#

6# State that the oner or occupant is required to abate the unlaful

3399639;#doc, %age 3< of 2


25/34

!ari1uana cultivation ithin ten =49> business days after the date

that said +otice is dee!ed served#

;# State the date of service, and contain the signature of the

"nforce!ent &fficial issuing the +otice#

?# Set forth instructions to the property oner describing procedures

for scheduling a hearing before the Board of Supervisors for the

purpose of presenting infor!ation as to hy !ari1uana being

cultivated is not in violation of this (rticle and therefore should not

be considered a public nuisance#

49# Contain a state!ent that if the property oner=s> or occupant=s>

fails to request a hearing, all rights to appeal any action of the

County to abate the nuisance are aived# The ritten request for

hearing shall specify hy !ari1uana being cultivated is not in

violation of this (rticle and therefore should not be considered a

public nuisance and shall be sub!itted on a for! provided by the

county included ith the notice including a request for this

infor!ation and the instruction that it is required#

44# Contain a state!ent that if the ork is not co!pleted ithin the

ti!e specified on the notice, or a hearing has not been requested in

accordance ith Section 63#4@=d> of this (rticle, or a ti!e

e$tension has not been granted to co!plete the abate!ent, the

county !ay abate the nuisance ithout further notification and the

property oner ill be responsible for all costs associated ith the

investigation and abate!ent of the nuisance=s># The costs of such

abate!ent action !ay be !ade a special assess!ent against the

pre!iseI !ay be paid through a Code "nforce!ent -ebt .eduction

(gree!entI or alternatively !ay be referred to debt collection

agency#

=c> Service o +otice. Such notice shall be dee!ed properly served if a copy thereof is

3399639;#doc, %age 3@ of 2


26/34

either:

4# -elivered to both the occupant=s> and oner=s> personallyI

3# -elivered in any other !anner as prescribed by local la to both the

occupant=s> and oner=s>#

Service of such notice in the foregoing !anner upon the property oners agent

shall constitute service of notice upon the oner#

=d> earing Procedure. ( hearing before the Board of Supervisors regarding a

+otice and &rder to (bate *nlaful 0ari1uana Cultivation !ay be requested by

filing a ritten request for a hearing ith the Lake County Co!!unity

-evelop!ent -epart!ent ithin 49 business days of service of the +otice and

&rder to (bate *nlaful 0ari1uana Cultivation# The ritten request for hearing

shall specify hy !ari1uana being cultivated is not in violation of this (rticle and

therefore should not be considered apublic nuisance#

4# When a hearing is requested as provided for in the +otice and &rder

to (bate *nlaful 0ari1uana Cultivation, the Board shall proceed to hear

the testi!ony of the "nforce!ent &fficial, hisKher assistants or deputies,

the testi!ony of the oner or hisKher representatives, the occupant, and

the testi!ony of other co!petentpersons concerning the conditions

constituting such nuisance, the esti!ated cost of abate!ent, and other

!atters hich the Board !ay dee! pertinent# (nyperson affected !ay

be present at such hearing, !ay be represented by counsel,present

testi!ony, and !ay cross5e$a!ine the "nforce!ent &fficial, and other

itnesses# The hearing !ay be continued fro! ti!e to ti!e#

3# The hearing request shall not be dee!ed co!plete and shall not be

forarded to the Board of Supervisors unless it specifies hy the

!ari1uana cultivation that is sub1ect to abate!ent in the +otice and &rder

to (bate *nlaful 0ari1uana Cultivation is not in violation of this

(rticle# The revie authority for deter!ining the adequacy of the hearing

3399639;#doc, %age 3 of 2


27/34

request shall be the Co!!unity -evelop!ent -irector or his or her

designee#

2# The filing of a request for hearing that has been dee!ed co!plete in

accordance ith Section 63#4@=d> =3> shall stay the effectiveness of the

+otice and &rder to(bate *nlaful 0ari1uana Cultivation until such

ti!e as the case has been decided by the Board of Supervisors#


28/34

=a> Whenever the "nforce!ent &fficial beco!es aare that an oner or

occupant has failed to abate any unlaful !ari1uana cultivation ithin

ten =49> business days of the date ofservice of the +otice to (bate

*nlaful 0ari1uana Cultivation, unless ti!ely appealed, or ithin ten

=49> business

days of the date of the decision of the Board of Supervisors requiring

such abate!ent, the "nforce!ent &fficial !ay take one or !ore of the

folloing actions:

4# "nter upon the property and abate the nuisance ith County or State

personnel# The "nforce!ent &fficial !ay apply to a court of

co!petent1urisdiction for a arrant authoriing entry upon the

property for purposes ofundertaking the ork, if necessary#

3# .equest that the County Counsel co!!ence a civil action to

redress, en1oin, and abate the public nuisance#

=b> $d!inistrative Civil Penalties.

4# (cts, o!issions, or conditions in violation of this (rticle that continue,

e$ist, oroccur on !ore than one day constitute separate violations on

each day# 8iolations continuing, e$isting, or occurring on the service

date, the effective date, and each day beteen the service date and the

effective date are separate violations#

3# /n deter!ining the a!ount of the ad!inistrative penalty, the

"nforce!ent &fficial, or the court if the violation requires court

enforce!ent ithout an ad!inistrative process, shall take into

consideration the nature, circu!stances, e$tent, and gravity of the

violation or violations, any prior history of violations, the degree of

3399639;#doc, %age 3; of 2


29/34

culpability, econo!ic savings, if any resulting fro! the violation, and

any other !atters 1ustice !ay require#

2# The "nforce!ent &fficial !ay co!!ence the ad!inistrative process by

issuance of a +otice of 8iolation and %roposed (d!inistrative %enalty,

hich shall state the a!ount of the proposed ad!inistrative penalty and

the reasons therefore# The+otice of 8iolation and %roposed

(d!inistrative %enalty !ay be co!bined ith a +otice to (bate

*nlaful 0ari1uana Cultivation issued pursuant to Section 63#4@=b> of

this (rticle# The +otice of 8iolation and %roposed (d!inistrative

%enalty shall be served by certified !ail addressed to all of the

folloing:

i# The oner of the property on hich the violation e$ists, at the

address shon on the last equalied assess!ent roll or as

otherise knon to the "nforce!ent &fficialI

ii# (nyone knon to the "nforce!ent &fficial to be in possession

of theproperty sub1ect to the +otice, at the street address of the

propertyI and

iii# (ny other person knon to the "nforce!ent &fficial ho has

caused, per!itted, !aintained, conducted, or otherise suffered

or alloed the violation to e$ist#

The failure to serve any person described in this subsection shall not affect

the validity of service or the validity of any penalties i!posed upon any

other person#


30/34

hearing before the Board ofSupervisors, the notice of hearing, conduct

of hearing, and hearingprocedure shall be in accordance ith (rticle

8///, Section 425@2 of Chapter 42 of the Lake County Code#

# /nterest shall accrue on all a!ounts due under this section, fro! the

effective date of the ad!inistrative penalty order, as set forth in this

section, to the datepaidpursuant to the las applicable to civil !oney

1udg!ents#

6# /n addition to any other legal re!edy, henever the a!ount of any

ad!inistrative penalty i!posed pursuant to this Section has not been

satisfied in full ithin ?9 days and has not been ti!ely appealed to the

Superior Court in accordance ith Dovern!ent Code section @29?#, or if appealed, such appeal has been dis!issed or

denied, this obligation !ay be enforced as a lien against the real

property on hich the violation occurred#

i# The lien provided herein shall have no force and effect until

recorded ith the County .ecorder# &nce recorded, the

ad!inistrative order shall have the force and effect and priority

of a 1udg!ent lien governed by the provisions of Code ofCivil

%rocedure section ?6#2


31/34

any protests or ob1ections to it#

v# The Clerk of the Board of Supervisors shall serve the oner of

theproperty ith a hearing notice not less than ten =49> days

before the hearing date# The notice !ust set forth the a!ount of

the delinquent ad!inistrative penalty that is due# +otice !ust be

delivered by first class !ail, postage prepaid, addressed to the

oner at the address shon on the last equalied assess!ent roll

or as otherise knon# Service by !ail is effective on the date

of !ailing and failure ofoner to actually receive notice does

not affect its validity#

vi# (ny person hose real property is sub1ect to a lien pursuant to

this Section !ay file a ritten protest ith the Clerk of the

Board of Supervisors andKor !ayprotest orally at the Board of

Supervisors !eeting# "ach ritten protest ob1ection !ust

contain a description of the property in hich the protesting

party is interested and the grounds of such protest or ob1ection#

vii# (t the conclusion of the hearing, the Board of Supervisors ill

adopt a resolution confir!ing, discharging, or !odifying the

lien a!ount#

viii# Within 29 days folloing the Board of Supervisors adoption of

resolution i!posing a lien, the Clerk of the Board of

Supervisors ill file sa!e as a 1udg!ent lien in the Lake

County .ecorders &ffice#

i$# &nce the County receives full pay!ent for outstandingprincipal,penalties, and costs, the Clerk of the Board of

Supervisors ill either record a notice of satisfaction or provide

the oner ith a notice of satisfaction for recordation at the

Lake County .ecorders &ffice# This notice of satisfaction ill

cancel the Countys lien under this section#

3399639;#doc, %age 24 of 2


32/34

$# The lien !ay be foreclosed and the real property sold, by the

filing of a co!plaint for foreclosure in a court of co!petent

1urisdiction, and the issuance of a 1udg!ent to foreclose# There

shall be no right to trial by 1ury# The County shallbe entitled to

its attorneys fees and costs#

;# (d!inistrative penalties i!posed pursuant to this Section shall also

constitute a personal obligation of each person ho causes, per!its,

!aintains, conducts orotherise suffers or allos the nuisance to

e$ist# /n the event that ad!inistrative penalties are i!posed pursuant to

this section on to or !ore persons for the sa!e violation, all such

persons shall be 1ointly and severally liable for the full a!ount of the

penalties i!posed# /n addition to any other re!edy, the county !ay

prosecute a civil action through the office of the county counsel to

collect an ad!inistrative penalty i!posed pursuant to this section#

?# %ay!ent of ad!inistrative penalties under this Section does not e$cuse

ordischarge any continuation or repeated occurrence of the violation

that is the sub1ect of the +otice of 8iolation and %roposed

(d!inistrative %enalty# Thepay!ent of ad!inistrative penalties does

not bar the County fro! taking any other enforce!ent action regarding

a violation that is not corrected#

49# /n addition to any other re!edy prescribed in this (rticle, any nuisance

as described in this (rticle !ay be sub1ect to an ad!inistrative penalty

of up to one thousand dollars =J4,999> per day# The ad!inistrative

penalty !ay be i!posedby the ad!inistrative process set forth in this

section, as provided in Dovern!ent Code section @29?#


33/34

!e!bers of collectives andKor cooperatives associated ith 0edical 0ari1uana

cultivation site, and the property oner=s> of record for each site fro!

prosecution pursuant to any las that !ay prohibit the cultivation, sale, andKor

possession of controlled substances# 0oreover, cultivation, sale, possession,

distribution, and use of !ari1uana re!ain violations of federal la as of the date

of adoption of the ordinance creating this Section, and this Section is not

intended to, and does not protect any of the above describedpersons fro! arrest

or prosecution under those federal las# 0edical 0ari1uana cultivation site

oners, per!ittees, operators and e!ployees, the !e!bers of collectives andKor

cooperatives associated ith cultivation sites, and the property oner=s> of

record for each cultivation site assu!e any and all risk and any and all liability

that !ay arise or result under state and federal cri!inal las fro! operation of a

0edical 0ari1uana cultivation site# 'urther, to the fullest e$tent per!itted by

la, any actions taken under the provisions of this Section by anypublic officer

or e!ployee of the County of Lake or by Lake County itself shall not beco!e a

personal liability of such person or a liability of the County#

&2.15 Conlicts :ith *ther Codes; /f this (rticle is found to be in conflict ith any

other Chapter, Section, Subsection, or Title, or any regulation, rule, require!ent,

or practice pro!ulgated thereunder, the provisions of this (rticle shall prevail#

Section . $rrest and Citation Po:ers o MM"*

Section 3454#2 of Chapter 34 of the Lake County Code is hereby !odified as follos, to

insert the language underlined#

4#2 (rrest and Citation %oers:=a> The folloing officers and e!ployees of the Lake County Building /nspection

-epart!ent and %lanning -epart!ent are hereby designated enforce!ent officers and

given arrest and citation poers pursuant to Section ;2#@ of the %enal Code:

4# %lanning -irector

3# "nviron!ental &fficer =&rd# +o# 343;, 4K4

3399639;#doc, %age 22 of 2


34/34

2# -irector of Building and Safety

Documents

CABICC 2014 Initiative - Medical Marijuana Control Act - Lake County CA