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(4) Nuisance. <br />(i) It is hereby declared to be unlawful, a public nuisance, and a <br />violation of this Chapter for any person owning, leasing, occupying, <br />or having charge or possession of any parcel within the City to <br />cause or allow such parcel to be used for the cultivation of <br />marijuana, unless the person is authorized by state law to grow <br />marijuana within a private residence, and such authorized person is <br />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 <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. A public nuisance may be deemed <br />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. <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 />expressly prohibit it by ordinance. Delivery services by dispensaries not in <br />possession of regulatory safety permits is expressly prohibited. <br />Ordinance No. NS -2942 <br />Page 29 of 31 <br />