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Ordinance No. NS-XXX <br />Page 48 of 66 <br /> <br /> <br />iii. Marijuana in excess of twenty-eight and one-half (28.5) grams produced by <br />plants kept for indoor personal cultivation must be kept in a locked space on <br />the grounds of the private residence not visible from the public right-of way. <br />iv. There shall be no exterior visibility or evidence of marijuana cultivation outside <br />the private residence from the public right-of-way, including but not limited to <br />any marijuana plants, equipment used in the growing and cultivation operation, <br />or any light emanating from the cultivation; or <br />v. The cultivation may not violate any California Building, Electrical or Fire Codes <br />or any other health and safety standards. <br />(2) Commercial Cultivation. Commercial cultivation of marijuana or cannabis is <br />prohibited anywhere in the City except as allowed and regulated in Article I of this <br />Chapter. <br />(3) Outdoor Cultivation. Outdoor commercial cultivation of marijuana or medical <br />marijuana is prohibited anywhere in the City. No person, including a qualified <br />patient or primary caregiver, shall engage, permit, or participate in the outdoor <br />commercial cultivation of marijuana in the City. <br />(4) Public Nuisance Prohibited. <br />(i) It is hereby declared to be unlawful and a public nuisance for any person <br />owning, leasing, occupying, or having charge or possession of any parcel within <br />the City to create a public nuisance in the course of cultivating marijuana plants <br />or any part thereof in any location, indoor or outdoor, except as allowed and <br />regulated in Chapter 40 of the Santa Ana Municipal Code. A public nuisance <br />may be deemed to exist, if such activity produces: <br />(1) Odors which are disturbing to people of reasonable sensitivity residing or <br />present on adjacent or nearby property or areas open to the public; <br />(2) Repeated responses to the parcel by law enforcement personnel; <br />(3) A repeated disruption to the free passage of persons or vehicles in the <br />neighborhood, excessive noise which is disturbing to people of normal <br />sensitivity on adjacent or nearby property or areas open to the public; <br />(4) Any other impacts on the neighborhood which are disruptive of normal <br />activity in the area including, but not limited to, grow lighting visible outside <br />the dwelling, excessive vehicular traffic or parking occurring at or near the <br />dwelling, and excessive noise emanating from the dwelling. <br />(5) Outdoor and Commercial growing and cultivation of marijuana, except as <br />allowed and regulated in Chapter 40 of the Santa Ana Municipal Code.