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(A) To the fullest extent allowable by law, the operation of a marijuana establishment is prohibited in town.
(B) To the fullest extent allowable by law, the operation of a marijuana establishment by a dual licensee is prohibited in town.
(Ord. 2021-03, passed - -)
Only to the extent permitted by Arizona law, marijuana possession, consumption, processing, manufacturing, transportation, and cultivation is permitted in a residential zoning district in town subject to the following conditions and limitation:
(A) It shall be unlawful for any individual who is at least 21 years of age to possess, transport, cultivate or process more than six marijuana plants.
(B) It shall be unlawful for two or more individuals who are at least 21 year of age to possess, transport, cultivate or process more than 12 marijuana plants at the individuals' primary residence.
(C) Except as provided by A.R.S. § 36-2801 et seq. and this section, it shall be unlawful for an individual to otherwise cultivate marijuana in a residential zoning district within town limits.
(D) Individuals shall not process or manufacture marijuana by means of any liquid or gas other than alcohol, that has a flashpoint below 100 degrees Fahrenheit.
(E) Kitchen, bathrooms, and primary bedroom(s) shall be used for their intended use and shall not be used primarily for residential marijuana processing, manufacturing, or cultivation.
(F) A residence shall not emit dust, fumes, vapors, or odors into the environment and individuals shall ensure that ventilation, air filtration, building and design standards are compatible with adjacent uses and the requirements of adopted building codes of town.
(G) Cultivation shall be limited to a closet, room, greenhouse, or other enclosed area on the grounds of the residence equipped with a lock or other security device that prevents access by minors.
(H) Cultivation shall take place in an area where the marijuana plants are not visible from public view without using binoculars, aircraft, or other optical aids.
(Ord. 2021-03, passed - -)
(A) It is unlawful and a violation of this chapter for a person to sell, cultivate, process, manufacture or transport marijuana or marijuana products if the person fails to meet all the requirements in this chapter or state law, including the Department's rules.
(B) Each day any violation of any provision of this chapter shall continue shall constitute a separate offense.
(C) Violations of this chapter are in addition to any other violation enumerated within the town ordinances or the town code and in no way limits the penalties, actions or abatement procedures which may be taken by the town for any violation of this chapter, which is also a violation of any other ordinance or code provision of the town or federal or state law. Conviction and punishment of judgment and civil sanction against any person under this chapter shall not relieve such person from the responsibility of correcting prohibited conditions, or removing prohibited structures or improvements, and shall not prevent the enforced correction or removal thereof.
(Ord. 2021-03, passed - -)