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(v) The cultivation may not violate any California Building, Electrical <br />or Fire Codes or any other health and safety standards. <br />(2) Commercial Cultivation. Commercial 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 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 />(i) It is hereby declared to be unlawful, a public nuisance, and a violation of this <br />Chapter for any person owning, leasing, occupying, or having charge or possession of any <br />parcel within the City to cause or allow such parcel to be used for the cultivation of <br />marijuana, unless the person is authorized by state law to grow marijuana within a private <br />residence, and such authorized person is complying with all requirements of this Chapter. <br />(5) Public Nuisance Prohibited. <br />(i) It is hereby declared to be unlawful and a public nuisance for any person owning, <br />leasing, occupying, or having charge or possession of any parcel within the City to create <br />a public nuisance in the course of cultivating marijuana plants or any part thereof in any <br />location, indoor or 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 />75A-13 Ordinance No. NS-XXXX <br />Page 9 <br />