5-28-3: CANNABIS CULTIVATION AND COMMERCIAL CANNABIS ACTIVITIES PROHIBITED UNLESS SPECIFICALLY AUTHORIZED BY THIS CHAPTER:
   (A)   Except as specifically authorized in this chapter, the commercial cultivation, manufacture, processing, storing, laboratory testing, labeling, sale, delivery, distribution or transportation 1 , of cannabis or cannabis product is expressly prohibited in the City of Placerville.
   (B)   Persons who cultivate cannabis for their sole personal use, or qualified primary caregivers who cultivate medical cannabis on behalf of their qualified patient(s) may do so in quantities authorized by State law and in accordance with all State and local regulations without submitting any application or permit. It is hereby declared to be unlawful and a public nuisance may also be deemed to exist if such activity is determined to be related to the cultivation of cannabis and produces:
      1.   Odors which are disturbing to people residing or present on adjacent or nearby property or areas open to the public.
      2.   Repeated responses to the property from law enforcement or other Code Enforcement Officers (more than 3 times in a 1-year period).
      3.   Repeated disruption to the free passage of persons or vehicles in the neighborhood (more than 3 times in a 1-year period) as reported to law enforcement officers or the City Code Enforcement Officer.
      4.   Any other impact which adversely impacts the health, safety or general welfare of people on adjacent or nearby property or areas open to the public.
   (C)   Nothing in this chapter shall be construed as a limitation on the City's authority to abate any nuisance which may exist from the planting, growing, harvesting, drying, processing or storage of cannabis plants or any part thereof from any location.
   (D)   All cannabis cultivation shall be subject to title 1, chapters 4, 4A and 4B of this Code (public nuisance) and the State Housing Code 2 and other applicable provisions of local and State law. (Ord. 1694, 10-9-2018)

 

Notes

1
1. Other than as provided under BPC §26090(e).
2
2. HSC.