(Added by Ord. No. 184,841, Eff. 4/4/17.)
A. This Section is effective January 1, 2018 and applies to all entities and persons engaging in medical and/or non-medical cannabis related activity, who are legally required to, but do not have, a City issued license, permit or authorization ("Establishment").
B. It is unlawful to: (1) Own, set up or operate an Establishment, (2) Participate as an employee, contractor, agent or volunteer or in any other capacity in an Establishment, (3) Use any portion or portion of any parcel of land as an Establishment, or to (4) Lease, rent to, or otherwise allow an Establishment to occupy any parcel or portion of parcel of land.
C. A violation of subsection B. is a public nuisance and may be abated by the City or by the City Attorney, on behalf of the people of the State of California, as a nuisance by means of a restraining order, injunction or any other order or judgment in law or equity issued by a court of competent jurisdiction. The City or the City Attorney, on behalf of the people of the State of California, may seek injunctive relief to enjoin violations of, or to compel compliance with this Section or seek any other relief or remedy available at law or equity. Each day that a violation continues is deemed to be a new and separate offense and subject to a maximum civil penalty of $20,000 for each and every offense.
D. Any person violating subsection B. shall be guilty of a misdemeanor punishable by a fine of not more than $1,000.00 or by imprisonment in the County Jail for a period of not more than six months, or by both a fine and imprisonment. Each day that a violation continues is deemed to be a new and separate offense.
E. The Department of Water and Power is authorized to disconnect utilities for Establishments. The circumstances and manner in which disconnection shall occur shall be specified by the City Council after receiving input from the Department of Water and Power.
F. The remedies specified in this Section are cumulative and in addition to any other remedies available under state or local law for a violation of this Code.
G. Nothing in this Section shall be construed as requiring the City to allow, permit, license, authorize or otherwise regulate medical or non-medical cannabis, or as abridging the City's police power with respect to enforcement regarding medical or non-medical cannabis.