HomeMy WebLinkAboutCC ORD 2016-2416 Add Chapter 10.14 Prohibit All Commercial Marijuana ActivityORDINANCE NO. 2016 — 2416
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY
ADDING CHAPTER 10.14 TO TITLE 10 OF THE NATIONAL CITY
MUNICIPAL CODE TO PROHIBIT ALL COMMERCIAL MARIJUANA ACTIVITY
IN THE CITY OF NATIONAL CITY, REGULATE THE CULTIVATION OF
RECREATIONAL MARIJUANA FOR PERSONAL USE, AND REGULATE
THE POSSESSION OF RECREATIONAL MARIJUANA IN ANTICIPATION
OF PROPOSITION 64, THE CONTROL, REGULATE, AND TAX ADULT
USE OF MARIJUANA ACT ("AUMA"), PASSING ON NOVEMBER 8, 2016
WHEREAS, National City is committed to the success and positive future of its
community youth, and to the health and safety of its residents; and
WHEREAS, National City supports efforts to decrease and prevent youth use of
and exposure to non -medical marijuana and other drugs; and
WHEREAS, marijuana use can be harmful to the adolescent brain, affecting the
parts of the brain that influence pleasure, memory, thinking, concentration, sensory and time
perception, and coordinated movement as documented and set forth in "Drug Facts: Marijuana":
National Institute of Health, National Institute on Drug Abuse, January 2014,
https://www.drugabuse.gov/publications/drugfacts/mariivana and as identified in the staff report
and accompanying exhibits; and
WHEREAS, a ballot measure titled the "Adult Use of Marijuana" to permit
commercial sales of non -medical marijuana in California will be on the November 2016 General
Election ballot; and
WHEREAS, analysis of the "Adult Use of Marijuana" ("AUMA") initiative by the
San Diego District Attorney's office points out, "The initiative allows persons convicted of dealing
large amounts of controlled substances such as heroin (up to 20,000 individual doses),
methamphetamine (up to 10,000 individual doses) to become 'legal marijuana dealers" (see
Exhibit 4); and
WHEREAS, the analysis further notes that the initiative permits convicted felony
drug dealers who have used children to courier drugs to an adult buyer to be eligible to apply for
a California marijuana license (see Exhibit 4); and
WHEREAS, National City is concerned that the recreational use of marijuana in
the city and the commercial availability of marijuana in the city will attract greater felony
behavior, increase crime in the city and can exploit children; and
WHEREAS, there are no provisions in the initiative to prevent advertising and
marketing to children and teens near parks, community centers, child -focused businesses, and
community colleges; and
WHEREAS, the High Intensity Drug Trafficking Areas ("HIDTA") statistics for
marijuana use in Colorado teens ages 12-17 are 74% above the national average as
documented and indicated in "The Rocky Mountain High Intensity Drug Trafficking Area
(RMHIDTA) September 2015 annual report (see Exhibit 2); and
WHEREAS, the initiative allows for the indoor growing of up to six marijuana
plants per residence and each plant requires 6 gallons of water per day in a state that is
currently battling a drought; and
WHEREAS, in Colorado, where non -medical marijuana is legal and
commercialized, marijuana -related traffic deaths increased 92% from 2010 to 2014 while all
traffic deaths increased only 8 percent during the same time period (see staff report and Exhibit
2); and
WHEREAS, a study released in May 2016 by AAA Foundation for Traffic
Research found that fatal crashes involving drivers who recently used marijuana doubled in
Washington after the state legalized the drug as discussed in "Prevalence of Marijuana
Involvement in Fatal Crashes: Washington, 2010-2014," May 2016, AAA Foundation for Traffic
Safety; and
WHEREAS, National City is highly concerned of the likelihood of a severe
increase in fatal crashes or incidents involving drivers who recently used marijuana should
marijuana be legalized in the State of California and commercially available in the city; and
WHEREAS, National City is concerned for the health and safety of its residents
should marijuana be legalized in the State of California and commercially available in the city;
and
WHEREAS, National City currently prohibits medical marijuana dispensaries
under National City Municipal Code section 18.30.340 and prohibits the cultivation of marijuana
for medicinal and other purposes under National City Municipal Code section 18.30.345.
NOW THEREFORE, the City Council of the City of National City does ordain as
follows:
Section 1. Title 10 of the National City Municipal Code is amended by adding
Chapter 10.14 to read as follows:
Chapter 10.14
RECREATIONAL MARIJUANA
Sections:
10.14.010 Definitions.
10.14.020 Commercial marijuana activity — Prohibited.
10.14.030 Cultivation of recreational marijuana for personal use.
10.14.040 Possession of recreational marijuana.
10.14.050 Smoking of marijuana in public - Prohibited.
Ordinance No. 2016 - 2416 2 Adding Chapter 10.14 to Prohibit All
November 1, 2016 Commercial Marijuana Activity in National City
10.14.060 Penalties.
10.14.070 Enforcement.
10.14.080 Non -exclusivity.
10.14.090 Severability.
10.14.010 Definitions.
A. For purposes of this chapter, "marijuana" shall have the same meaning as the
definition of that word in Section 11018 of the California Health and Safety Code.
B. "Commercial marijuana activity" includes the cultivation, possession,
manufacture, distribution, processing, storing, laboratory testing, labeling, transportation,
distribution, delivery, or sale of marijuana and marijuana products.
C. "Cultivation of marijuana" shall mean the planting, growing, cultivating,
harvesting, drying, curing, grading, trimming or processing of marijuana as defined in
Business and Professions Code section 26001.
D. "Delivery" means the commercial transfer of marijuana or marijuana products to
a customer. Delivery also includes the use by a retailer of any technology platform owned and
controlled by the retailer, or independently licensed, that enables customers to arra nge for or
facilitate the commercial transfer by a licensed retailer of marijuana or marijuana products as
defined in Business and Professions Code section 26O01(h).
E. "Marijuana accessories" shall have the same meaning as section 11018.2 of
the Health and Safety Code. Any equipment, products, or materials of any kind which are
used, intended for use, or designed for use in planting, propagating, cultivating, growing,
harvesting, manufacturing, compounding, converting, producing, processing, preparing,
testing, analyzing, packaging, repackaging, storing, smoking, vaporizing, or containing
marijuana, or for ingesting, inhaling, or otherwise introducing marijuana or marijuana products
into the human body.
F. "Marijuana cultivation facility" means an entity licensed to cultivate, prepare, and
package marijuana and sell marijuana to retail marijuana stores, to marijuana product
manufacturing facilities, and to other marijuana cultivation facilities, but not to consumers.
G. "Marijuana establishment" means a marijuana cultivation facility, a marijuana
testing facility, a marijuana product manufacturing facility, or a retail marijuana store.
H. "Marijuana product manufacturing facility" means an entity licensed to purchase
marijuana; manufacture, prepare, and package marijuana products; and sell marijuana and
marijuana products to other marijuana product manufacturing facilities and to retail marijuana
stores, but not to consumers.
I. "Marijuana products" means concentrated marijuana products and marijuana
products that are comprised of marijuana and other ingredients and are intended for use of
consumptions, such as, but not limited to, edible products, ointments, and tinctures and as
otherwise defined in section 11018.1 of the Health and Safety Code.
J. "Marijuana storage facility" means any entity or premise used for the storage of
marijuana, marijuana products, or marijuana accessories.
K. "Marijuana testing facility" means an entity licensed to analyze and certify the
safety and potency of marijuana.
L. "Private Residence" means a house, an apartment unit, a mobile home, or other
similar habitable dwelling as defined in Health and Safety Code section 11362.2(b)(5).
Ordinance No. 2016 - 2416 3 Adding Chapter 10.14 to Prohibit All
November 1, 2016 Commercial Marijuana Activity in National City
M. "Retail marijuana store" includes any entity licensed to purchase marijuana from
marijuana cultivation facilities and marijuana and marijuana products from marijuana product
manufacturing facilities and to sell marijuana and marijuana products to consumers; or any
premises, whether licensed or unlicensed, where marijuana, marijuana products, or devices for
the use of marijuana or marijuana products are offered, either individually or in any combination,
for retail sale, including an establishment that delivers marijuana and marijuana products as part
of a retail sale.
10.14.020 Commercial marijuana activity - Prohibited. The licensing and/or operation of
marijuana cultivation facilities, marijuana product manufacturing facilities, marijuana testing
facilities, marijuana delivery businesses, marijuana storage facilities, retail marijuana stores,
marijuana establishments, or any commercial marijuana activity is prohibited.
10.14.030 Cultivation of recreational marijuana for personal use.
A. Outdoor Cultivation. The cultivation of marijuana outdoors is prohibited
regardless of purpose.
B. Indoor Cultivation. Not more than six plants may be cultivated, planted,
Harvested, dried, processed, or possessed within a single private residence at one time per
Health and Safety Code section 11362.2(a). This provision on indoor cultivation shall only
become effective if Proposition 64, the Control, Regulate, and Tax Adult Use of Marijuana Act
("AUMA") passes on November 8, 2016.
10.14.040 Possession of recreational marijuana.
A. It is unlawful for a person under the age of twenty-one (21) years to possess,
transfer, transport or purchase marijuana, marijuana products, marijuana accessories.
B. It is unlawful for any person to display, consume, sell, or use marijuana in or
upon any public area, public park, or public building.
C. It is unlawful for any person to purchase marijuana or marijuana products for
consumption or possession by, or otherwise provide marijuana for consumption or possession
by, or to sell marijuana to, any person under the age of twenty-one (21) years.
D. This section 10.14.040 shall only become effective if Proposition 64, the Control,
Regulate, and Tax Adult Use of Marijuana Act ("AUMA") passes on November 8, 2016.
10.14.050 Smoking of marijuana in public - Prohibited.
A. General Prohibition. The smoking of marijuana is prohibited anywhere the
smoking of tobacco is prohibited.
B. Smoking of marijuana shall be prohibited as stated in Health and Safety Code
section 11362.3.
10.14.060 Penalties.
A. General Penalty. In addition to any other penalties that may exist under state,
federal, and local laws, a violation of any provision of this chapter or a failure to comply with
any mandatory requirements of this chapter is subject to prosecution in accordance with Title 1
of the National City Municipal Code and may be enforced through injunctive relief or oth er
relief available by law. Penalties for violations of the provisions of this chapter may result in a
misdemeanor citation for each day in violation, punishable by a maximum of one year in jail
and a one thousand dollar fine.
Ordinance No. 2016 - 2416 4 Adding Chapter 10.14 to Prohibit All
November 1, 2016 Commercial Marijuana Activity in National City
B. Public Nuisance. The conduct of any activity or business in violation of this
chapter is declared to be a public nuisance and the city may, in addition to all other remedies
set forth hereunder, commence an action or actions or proceedings, for the abatement,
removal and enjoinment thereof, in a manner provided by the law; and may take such other
steps and may apply to such court or courts as may have jurisdiction to grant such relief as
will abate or remove such marijuana cultivation facility, marijuana product manufacturing
facility, marijuana testing facility, marijuana delivery business, marijuana storage facility, retail
marijuana store, marijuana establishment, or any commercial marijuana activity and restrain
and enjoin any person from operating, conducting or maintaining such a business or
establishment contrary to the provisions of this chapter.
C. Cost Recovery. Administering departments are authorized to charge cost
recovery fees for services provided under this chapter. Cost recovery fees may also be
recovered for equipment and personnel expenses incurred. Said fees may be established
from time to time by resolution of the city council.
10.14.070 Enforcement. The provisions of this chapter shall be enforced by the fire
marshal, any police officer, any code compliance officer, and any other city official authorized
to enforce any provision of the municipal code.
10.14.080 Non -exclusivity. Nothing in this chapter shall limit or preclude the enforcement
of other applicable laws.
10.14.090 Severability. The provisions of this chapter are declared to be separate and
severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion
of this chapter, or the invalidity of the application thereof to any person or circumstance shall
not affect the validity of the remainder of this chapter, or the validity of its application to other
persons or circumstances.
PASSED and ADOPTED this 1st day of Novemb 16.
on Morrison, Mayor
ATTEST:
II
Michel R. Dalla, City Clerk
APPROVED AS TO FORM:
George H. Eiser, Ill
Interim City Attorney
Ordinance No. 2016 - 2416 5 Adding Chapter 10.14 to Prohibit All
Commercial Marijuana Activity in National City
November 1, 2016
Passed and adopted by the Council of the City of National City, California, on
November 1, 2016 by the following vote, to -wit:
Ayes: Councilmembers Cano, Mendivil, Morrison, Rios, Sotelo-Solis.
Nays: None.
Absent: None.
Abstain: None.
AUTHENTICATED BY:
By:
RON MORRISON
Mayor of the City of National City, California
%I
City Clerk of the City of National City, California
Deputy
I HEREBY CERTIFY that the foregoing ordinance was not finally adopted until seven
calendar days had elapsed between the day of its introduction and the day of its final
passage, to wit, on October 18, 2016 and on November 1, 2016.
I FURTHER CERTIFY THAT said Ordinance was read in full prior to its final passage or
that the reading of said Ordinance in full was dispensed with by a vote of not less than
a majority of the members elected to the Council and that there was available for the
consideration of each member of the Council and the public prior to the day of its
passage a written or printed copy of said Ordinance.
FURTHER CERTIFY that the above and foregoing is a full, true and correct copy of
ORDINANCE NO. 2016-2416 of the City Council of the City of National City, passed
and adopted by the Council of said City on November 1, 2016.
By:
City Clerk of the City of National City, California
Deputy