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As used in this chapter:
"Allowable structure" means a building or other structure that is fully-enclosed and secure; complies with the Sacramento City Building Code and Planning and Development Code; has a complete roof enclosure supported by connecting walls extending from the ground to the roof; has a foundation, slab, or equivalent base to which the floor is secured by bolts or similar attachments; is secure against unauthorized entry; and is accessible only through one or more lockable doors. Walls and roofs must be constructed of solid, non-transparent material, that cannot be easily breached, such as two-inch by four-inch or thicker studs overlaid with three-eighths inch or thicker plywood or the equivalent. Plastic sheeting or similar products, regardless of gauge, do not satisfy this requirement.
"City manager" means the city manager or designee.
"Cultivation" means the planting, growing, harvesting, drying, or processing of one or more cannabis plants or any part thereof.
"Cannabis" has the same meaning as set forth in California Business and Professions Code section 26001.
"Cannabis plant" means any mature or immature cannabis plant, or any cannabis seedling.
"Outdoor" means any location that is not within an allowable structure.
"Private residence" means a house, apartment unit, mobile home, or other similar dwelling. (Ord. 2018-0009 § 3; Ord. 2017-0047 § 1)
No person shall own, lease, occupy, or have charge or possession of any property upon which the person knows or, by exercising reasonable care or diligence, should know that cannabis is being cultivated, except in accordance with the following:
A. Chapter 5.150 (cannabis businesses).
B. Section 8.132.040 (permissible cultivation of cannabis). (Ord. 2023-0012 § 1; Ord. 2019-0047 § 1; Ord. 2018-0009 § 3; Ord. 2017-0047 § 1)
No person shall cultivate cannabis except as follows:
A. Pursuant to, and in accordance with, a valid cannabis business permit issued pursuant to chapter 5.150; or
B. Within a private residence or allowable structure on the same parcel as the private residence, in accordance with all of the following:
1. All cultivation of cannabis must take place indoors within a single room of a private residence or an allowable structure, as defined in section 8.132.020.
2. Regardless of how many people reside in a private residence, no more than six living cannabis plants may be cultivated within the private residence or allowable structure on the same parcel as the private residence, pursuant to California Health and Safety Code section 11362.1.
3. All equipment used to cultivate cannabis, such as indoor grow lights, irrigation systems, and air filtration systems, must comply with the city building code and fire prevention code.
4. All alterations or improvements to any building or structure to accommodate cannabis cultivation must comply with the city building code and fire prevention code.
5. No cannabis, at any stage of growth or cultivation, and no evidence of cultivation occurring at the premises, may be visible from outside the room of the private residence or the allowable structure in which the cannabis is being cultivated.
6. All cannabis odors must be ventilated, treated, or filtered, such that the odor cannot be detected by a person of normal olfactory sensitivity outside of the private residence or the allowable structure in which the cannabis is being cultivated.
7. Cannabis cultivation must not create excessive dust, heat, light, noise, smoke, traffic, or other impacts that are disturbing to people of normal sensitivity residing or present on adjacent or nearby residences, properties, or areas open to the public; and must not be hazardous due to the use or storage of materials, processes, products, or wastes.
8. Cannabis cultivation areas, whether in a private residence or an allowable structure, must be kept locked when not occupied.
9. Cannabis cultivation must be conducted in compliance with all other applicable state and local laws. (Ord. 2023-0012 § 2; Ord. 2018-0009 § 3; Ord. 2017-0047 § 1)
A. In addition to any other remedy allowed by law, any person who violates a provision of this chapter is subject to criminal sanctions, civil actions, and administrative penalties pursuant to chapter 1.28.
B. Violations of this chapter are declared to be a public nuisance.
C. Civil penalties for violations of this chapter.
1. Any person who violates a provision of this chapter is liable for civil penalties of not less than $250 or more than $25,000 for each day the violation continues, except as provided in subsection C.2.
D. Any person who violates any provision of this chapter is guilty of a misdemeanor.
E. Administrative penalties for violations of this chapter are governed by chapter 1.28, except for the following:
1. The amount of the administrative penalty is an aggregate amount calculated at $500 per plant that is in excess of the number of plants allowed.
2. The amount of the appeal fee is set by city council resolution.
F. All remedies prescribed under this chapter are cumulative and the election of one or more remedies does not bar the city from the pursuit of any other remedy to enforce this chapter. (Ord. 2023-0012 § 3; Ord. 2022-0006 § 33; Ord. 2019-0047 § 2; Ord. 2018-0009 § 3; Ord. 2017-0047 § 1)
A. The Sacramento City Council finds that cannabis grown illegally presents a real and imminent threat to the public health, safety, and welfare. The unregulated cultivation of a large number of cannabis plants on any property substantially increases the chance that violent criminal activity will occur upon the property. Crimes such as home invasion robbery, burglary, assault, and homicide happen substantially more frequently on and around properties where cannabis is being illegally grown. In addition, illegal cannabis cultivation often poses electrical and other building code dangers. Cannabis cultivation usually requires elevated electrical consumption that may cause transformers to fail. Unpermitted and substandard construction and electrical work performed to accommodate illegal cannabis cultivation poses a significant fire hazard to neighborhoods. And the hazardous wastes and solvents resulting from illegal cultivation are a threat to the health and safety of nearby residents.
C. Any cannabis cultivation in violation of this chapter is also subject to the California Uniform Controlled Substances Act (Division 10 of the California Health and Safety Code), including the provisions of chapter 8 (commencing with section 11469) relating to the seizure, forfeiture, and destruction of property. (Ord. 2018-0009 § 3; Ord. 2017-0047 § 1)