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For purposes of this chapter, the following definitions shall apply:
(a) "Cannabis" means all parts of the plant Cannabis sativa L., whether growing or not; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin. It does not include:
(1) Industrial hemp, as defined in Section 11018.5 of the California Health & Safety Code; or
(2) The weight of any other ingredient combined with cannabis to prepare topical or oral administrations, food, drink, or other product.
(b) "Cannabis accessories" means 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 cannabis, or for ingesting, inhaling, or otherwise introducing cannabis or cannabis products into the human body.
(c) "Cannabis products" means cannabis that has undergone a process whereby the plant material has been transformed into a concentrate, including, but not limited to, concentrated cannabis, or an edible or topical product containing cannabis or concentrated cannabis and other ingredients.
(d) “Commercial cannabis activity” includes the cultivation, possession, manufacture, distribution, processing, storing, laboratory testing, labeling, transportation, delivery or sale of cannabis and cannabis products.
(e) “Cultivation” means any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of cannabis.
(f) “Delivery” means the commercial transfer of cannabis or cannabis 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 under California law that enables customers to arrange for or facilitate the commercial transfer by a licensed retailer of cannabis or cannabis products.
(g) “Distribution” means the procurement, sale, and transport of cannabis and cannabis products between entities for commercial use purposes.
(h) “Licensee” means the holder of any state issued license related to cannabis activities, including but not limited to licenses issued under Division 10 of the Business & Professions Code.
(i) “Manufacture” means to compound, blend, extract, infuse, or otherwise make or prepare a cannabis product.
(j) “Person” includes any individual, firm, co-partnership, joint venture, association, corporation, limited liability company, estate, trust, business trust, receiver, syndicate, or any other group or combination acting as a unit, and the plural as well as the singular.
(k) “Private residence” means a house, an apartment unit, a mobile home, or other similar dwelling.
(l) "Sale" includes any transaction whereby, for any consideration, title to cannabis is transferred from one person to another, and includes the delivery of cannabis or cannabis products pursuant to an order placed for the purchase of the same and soliciting or receiving an order for the same, but does not include the return of cannabis or cannabis products by a licensee to the licensee from whom such cannabis or cannabis product was purchased.
(m) Any term defined in this Section also means the very term as defined in the California Business & Professions Code or the California Health & Safety Code, unless otherwise specified.
(§ 2, Ord. 3059, eff. November 3, 2016, § 2, Ord. 3236, eff. January 19, 2023)
(a) For purposes of this section, personal recreational use, possession, purchase, transport, or dissemination of cannabis shall be considered unlawful in all areas of the City to the extent it is unlawful under California law.
(b) Outdoor Cultivation. A person may not plant, cultivate, harvest, dry, or process cannabis plants outdoors in any zoning district of the City. No use permit, building permit, variance, or any other permit or entitlement, whether administrative or discretionary, shall be approved or issued for any such use or activity.
(c) Indoor Cultivation.
(1) A person may not plant, cultivate, harvest, dry, or process cannabis plants inside a private residence, or inside an accessory structure to a private residence located upon the grounds of a private residence, or inside any other enclosed structure within any zoning district of the City. No use permit, building permit, variance, or any other permit or entitlement, whether administrative or discretionary, shall be approved or issued for any such use or activity.
(2) To the extent a complete prohibition on indoor cultivation inside a private residence, or inside an accessory structure to a private residence located upon the grounds of a private residence, is not permitted under California law:
(i) A person may not plant, cultivate, harvest, dry, or process cannabis plants inside a private residence (or any accessory structure to such private residence located upon the grounds of that private residence) if such residence (or accessory structure) is not fully enclosed and secure;
(ii) A person may not plant, cultivate, harvest, dry, or process cannabis plants inside a private residence (or any accessory structure to such private residence located upon the grounds of that private residence) which the individual cultivating those plants does not maintain as his or her primary residence;
(iii) A person may not plant, cultivate, harvest, dry, or process more than a combined total of 6 cannabis plants inside the private residence or accessory structure located upon the grounds of the private residence;
(iv) No pesticides or fertilizers may be used for any cannabis cultivation inside a private residence or accessory structure located on the grounds of a private residence;
(v) No artificial light, ventilation, heating, or air conditioning may be used in support of cannabis cultivation in any accessory structure to a private residence located upon the grounds of a private residence except in compliance with the California Building Code, the Ontario Municipal Code, and any other permitting requirements which may be imposed; and
(vi) No artificial light, ventilation, heating, or air conditioning may be used in support of cannabis cultivation inside a private residence except in compliance with the California Building Code, the Ontario Municipal Code, and any other permitting requirements which may be imposed.
(§ 2, Ord. 3059, eff. November 3, 2016, § 2, Ord. 3236, eff. January 19, 2023)
(a) Cultivation of medical cannabis pursuant to Section 11362.77 of the California Health & Safety Code is subject to the cultivation requirements laid out in subsection (c) of Section 6-18.03.
(b) The establishment or operation of any medical cannabis collective, cooperative, dispensary, delivery service, operator, establishment, or provider shall be considered a prohibited use in all zoning districts of the City. No use permit, variance, building permit, or any other entitlement or permit, whether administrative or discretionary, shall be approved or issued for the establishment of any collective, cooperative, dispensary, delivery service, operator, establishment, or provider in any zoning district, and no person shall otherwise establish such businesses or operations in any zoning district.
(§ 2, Ord. 3059, eff. November 3, 2016, § 2, Ord. 3236, eff. January 19, 2023)
The establishment or operation of any business of commercial cannabis activity is prohibited. No use permit, variance, building permit, or any other entitlement or permit, whether administrative or discretionary, shall be approved or issued for the establishment or operation of any such business or operation. Such prohibited businesses or operations may include, but are not limited to:
(a) The transportation, delivery, storage, distribution, or sale of cannabis, cannabis products, or cannabis accessories;
(b) The cultivation of cannabis;
(c) The manufacturing or testing of cannabis, cannabis products, or cannabis accessories; or
(d) Any other business licensed by the state or other government entity under Division 10 of the California Business & Professions Code, as it may be amended from time to time.
(§ 2, Ord. 3059, eff. November 3, 2016, § 2, Ord. 3236, eff. January 19, 2023)
(a) Generally. No person, whether as principal, agent, employee or otherwise, shall violate, cause the violation of, or otherwise fail to comply with any of the requirements of this Chapter. Every act prohibited or declared unlawful, and every failure to perform an act made mandatory by this Chapter, shall be a misdemeanor or an infraction, at the discretion of the City Attorney or the District Attorney.
(b) Administrative Citations.
(1) In addition to the penalties provided in this section and all other legal remedies available to the City, any person in violation of this chapter is subject to an administrative citation and fine, without prior issuance of a Notice of Violation. Each and every day a violation of this chapter exists shall constitute a separate and distinct violation of this chapter.
(2) Notwithstanding subsection (b)(1), each cannabis plant present in excess of the number of cannabis plants allowed under § 6-18.03(c)(2)(iii) shall constitute a separate and distinct violation of this chapter. Any violation of §§ 6-18.03(c)(2)(iii) shall constitute a "transient" violation within the meaning of Chapter 5 of Title 1 of the Ontario Municipal Code.
(3) The amount of the administrative fine shall be in the amount set forth and amended by resolution of the City Council. If no amount has been set by resolution of the City Council, the amount of the administrative fine shall be up to One Thousand Dollars ($1,000) but not less than One Hundred Dollars ($100) per violation.
(4) The provisions and procedures concerning administrative citations set forth in Chapter 5 of Title 1 of the Ontario Municipal Code shall apply to administrative citations issued for violations of this chapter. To the extent there are any conflicts between the provisions of Chapter 5 of Title 1 and this chapter, the provisions of this chapter shall supersede and control administrative citations issued for violations of this chapter.
(c) Liability of Property Owners.
(1) No property owner in charge of, or in possession of, any real property within the City of Ontario shall cause, permit, maintain, conduct, or otherwise suffer or allow a public nuisance or violation of this Chapter to exist.
(2) It is the duty of every property owner, and person that controls any real property or interest therein, within the City to remove, abate, and prevent the reoccurrence of a violation of this Chapter upon such real property. Such duty of the property owner exists regardless of whether the property owner is in actual possession of their real property, and includes an obligation to remove an illegal cannabis operation which exists or creates a public nuisance upon the property owner's real property.
(3) An administrative citation may be issued to property owners for the illegal cultivation of cannabis in violation of this Chapter without prior issuance of a Notice of Violation. However, property owners shall have a reasonable time for the correction or remedy of the violation of this Chapter prior to the imposition of administrative fines or penalties provided all of the following are true:
(i) A tenant is in possession of the property that is the subject of the administrative action.
(ii) The rental property owner or agent can provide evidence that the rental or lease agreement prohibits the cultivation of cannabis.
(iii) The rental property owner or agent did not know the tenant was illegally cultivating cannabis and no complaint, property inspection, or other information caused the rental property owner or agent to have actual notice of the illegal cannabis cultivation.
(d) Nuisance. Any condition caused or permitted to exist in violation of any of the provisions of this chapter is declared a public nuisance and may be abated as provided in § 1-2.01 of Chapter 2 of Title 1 of the Ontario Municipal Code and/or under state law.
(e) The remedies and penalties provided herein are cumulative, alternative and nonexclusive. The use of one does not prevent the use of any other criminal, civil, or administrative remedy or penalty authorized by law.
(§ 2, Ord. 3059, eff. November 3, 2016, § 2, Ord. 3236, eff. January 19, 2023)