A. Odors: Any cannabis odor shall be contained within the adult-use cannabis business establishment so that the odor of cannabis cannot be detected from any abutting use or property by a person with a normal functioning sense of smell. If any cannabis odor can be smelled from any abutting use or property, the adult-use cannabis business establishment shall be required to implement measures necessary to contain the odor, including, but not limited to, installation of ventilation equipment.
B. No person, tenant, occupant, or property owner shall permit the emission of cannabis odor from any source to result in detectable odors that leave the premises upon which they originated and interfere with the reasonable and comfortable use and enjoyment of another's property.
C. Whether or not a cannabis odor emission interferes with the reasonable and comfortable use and enjoyment of a property shall be measured against the objective standards of a reasonable person of normal sensitivity.
D. A cannabis odor emission shall be deemed to interfere with the reasonable and comfortable use and enjoyment of property if cannabis odor is detectable outside the premises.
E. No person shall be convicted of a violation of this section unless the City has delivered or posted a written warning, in the previous twelve (12) months, that conduct violating this chapter is occurring or has occurred.
1. The person, tenant, occupant, or property owner must abate the cannabis odor emission within seven (7) days after the warning is delivered or posted.
2. Seven (7) or more days after a warning is posted or delivered, a separate violation of this chapter occurs on each day that the cannabis odor emission repeats or continues.
3. The warning shall cite this section.
4. The warning may be delivered personally or posted on the property.
5. It shall be presumed that a person charged under this chapter received the warning if the warning was either: (i) delivered to the property owner, a tenant, or an occupant; or (ii) posted on the property. (Ord. 7851, 9-28-2022)