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December 20, 2016 <br />Page 2 <br />qualified patient or primary caregiver, shall engage, permit, or participate <br />in the commercial cultivation of marijuana in the City. <br />(3) Outdoor Cultivation, Outdoor cultivation of marijuana or medical <br />marijuana is prohibited anywhere in the City. No person, including a <br />qualified patient or primary caregiver, shall engage, permit, or participate <br />in the outdoor cultivation of marijuana in the City. <br />(4) Nuisance. <br />(1) It is hereby declared to be unlawful, a public nuisance, and a violation <br />of this Chapter for any person owning, leasing, occupying, or having <br />charge or possession of any parcel within the City to cause or allow such <br />parcel to be used for the cultivation of marijuana, unless the person is <br />authorized by state law to grow marijuana within a private residence, and <br />such authorized person is complying with all requirements of this <br />Chapter. <br />(5) Public Nuisance Prohibited. <br />(i) It is hereby declared to be unlawful and a public nuisance for any <br />person owning, leasing, occupying, or having charge or possession of <br />any parcel within the City to create a public nuisance in the course of <br />cultivating marijuana plants or any part thereof in any location, indoor or <br />outdoor. A public nuisance may be deemed to exist, if such activity <br />produces: <br />(1) Odors which are disturbing to people of reasonable <br />sensitivity residing or present on adjacent or nearby <br />property or areas open to the public; <br />(2) Repeated responses to the parcel by law enforcement <br />personnel; <br />(3) A repeated disruption to the free passage of persons or <br />vehicles in the neighborhood, excessive noise which is <br />disturbing to people of normal sensitivity on adjacent or <br />nearby property or areas open to the public; <br />(4) Any other impacts on the neighborhood which are <br />disruptive of normal activity in the area including, but not <br />limited to, grow lighting visible outside the dwelling, <br />excessive vehicular traffic or parking occurring at or near <br />the dwelling, and excessive noise emanating from the <br />dwelling. <br />(5) Outdoor and Commercial growing and cultivation of <br />marijuana. <br />Section 6. If any section, subsection, sentence, clause, phrase or portion of this <br />ordinance is for any reason held to be invalid or unconstitutional by the decision of any <br />court of competent jurisdiction, such decision shall not affect the validity of the remaining <br />Ordinance No. NS- <br />Page _ of <br />11B-14 <br />