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(v) The cultivation may not violate any California Building, Electrical or Fire <br />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 qualified <br />patient or primary caregiver, shall engage, permit, or participate in the <br />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 qualified <br />patient or primary caregiver, shall engage, permit, or participate in the outdoor <br />cultivation of marijuana in the City. <br />(4) Nuisance. <br />(i) 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 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 any <br />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 sensitivity <br />residing or present on adjacent or nearby property or areas open to the <br />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 <br />the neighborhood, excessive noise which is disturbing to people of <br />normal sensitivity on adjacent or nearby property or areas open to <br />the public; <br />(4) Any other impacts on the neighborhood which are disruptive of <br />normal activity in the area including, but not limited to, grow lighting <br />visible outside the dwelling, excessive vehicular traffic or parking <br />occurring at or near the dwelling, and excessive noise emanating from <br />the dwelling. <br />(5) Outdoor and Commercial growing and cultivation of marijuana. <br />Ordinance No. NS -2918 <br />Page 10 of 13 <br />