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75C - PH CANNABIS CULTIVATION
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75C - PH CANNABIS CULTIVATION
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Last modified
4/12/2018 6:51:14 PM
Creation date
4/12/2018 6:43:46 PM
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City Clerk
Doc Type
Agenda Packet
Agency
Planning & Building
Item #
75C
Date
4/17/2018
Destruction Year
2023
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(5) Public Nuisance Prohibited. <br />(i) It is hereby declared to be unlawful and a public nuisance for <br />any person owning, leasing, occupying, or having charge or <br />possession of any parcel within the City to create a public nuisance <br />in the course of cultivating marijuana plants or any part thereof in <br />any location, indoor or outdoor, except as allowed and regulated in <br />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 <br />reasonable sensitivity residing or present on <br />adjacent or nearby property or areas open to the <br />public; <br />(2) Repeated responses to the parcel by law <br />enforcement personnel; <br />(3) A repeated disruption to the free passage of <br />persons or vehicles in the neighborhood, <br />excessive noise which is disturbing to people of <br />normal sensitivity on adjacent or nearby property <br />or areas open to the public; <br />(4) Any other impacts on the neighborhood which <br />are disruptive of normal activity in the area <br />including, but not limited to, grow lighting visible <br />outside the dwelling, excessive vehicular traffic <br />or parking occurring at or near the dwelling, and <br />excessive noise emanating from the dwelling. <br />(5) Outdoor and Commercial growing and cultivation <br />of marijuana, except as allowed and regulated in <br />Chapter 40 of the Santa Ana Municipal Code. <br />(f) A permitted medical marijuana dispensary may deliver medical marijuana <br />only to a qualified patient or caregiver. Medical marijuana delivery services by <br />dispensaries possessing regulatory safety permits must comply with Business <br />and Professions Code §19340. Delivery of cannabis from a dispensary permitted <br />pursuant to this Chapter can only be made in a city or county that does not <br />Ordinance No. NS -XXX <br />Page 33 of 36 <br />75C-39 <br />I Re. Oil— <br />-im -,I- <br />(5) Public Nuisance Prohibited. <br />(i) It is hereby declared to be unlawful and a public nuisance for <br />any person owning, leasing, occupying, or having charge or <br />possession of any parcel within the City to create a public nuisance <br />in the course of cultivating marijuana plants or any part thereof in <br />any location, indoor or outdoor, except as allowed and regulated in <br />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 <br />reasonable sensitivity residing or present on <br />adjacent or nearby property or areas open to the <br />public; <br />(2) Repeated responses to the parcel by law <br />enforcement personnel; <br />(3) A repeated disruption to the free passage of <br />persons or vehicles in the neighborhood, <br />excessive noise which is disturbing to people of <br />normal sensitivity on adjacent or nearby property <br />or areas open to the public; <br />(4) Any other impacts on the neighborhood which <br />are disruptive of normal activity in the area <br />including, but not limited to, grow lighting visible <br />outside the dwelling, excessive vehicular traffic <br />or parking occurring at or near the dwelling, and <br />excessive noise emanating from the dwelling. <br />(5) Outdoor and Commercial growing and cultivation <br />of marijuana, except as allowed and regulated in <br />Chapter 40 of the Santa Ana Municipal Code. <br />(f) A permitted medical marijuana dispensary may deliver medical marijuana <br />only to a qualified patient or caregiver. Medical marijuana delivery services by <br />dispensaries possessing regulatory safety permits must comply with Business <br />and Professions Code §19340. Delivery of cannabis from a dispensary permitted <br />pursuant to this Chapter can only be made in a city or county that does not <br />Ordinance No. NS -XXX <br />Page 33 of 36 <br />75C-39 <br />
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