(A) The Board of Supervisors (the "Board") adopts this chapter pursuant to its police power for the purpose of preserving the health, safety and public welfare of the residents of the county. The Board finds that agriculture is extremely important to the county's economy and that insuring the continued agricultural commodities is essential to the health and well-being of county residents. The Board determines that the enforcement of this chapter is essential.
(B) Each and every violation of the provisions of this chapter is hereby deemed unlawful and a public nuisance.
(C) Consent to entry, inspection, and additional testing. Hemp registrants consent, as a condition of issuance of any hemp registration, business license or permit, to the entry by staff of the San Benito County Agricultural Commissioner; officers of the San Benito County Sheriff; staff of the San Benito County Department of Environmental Health; Code Enforcement Officers, Building Inspectors and the Chief Building Official of the Department of Planning and Building, Resource Management Agency; Fire Inspectors and the Fire Marshal to make such inspections and to take such actions as may be necessary to enforce the provisions of this chapter, this code, the laws of the State of California, and the laws of the United States. Reasonable advance telephone notice of entry shall be given, to the extent feasible under the circumstances, or as otherwise authorized by law. To the extent reasonably necessary to verify that the hemp contains less than .3% THC, hemp registrants consent to additional testing by enforcement officials, which shall be at the cost and expense of the registrant.
(D) Each and every violation of this chapter shall constitute a separate violation and shall be subject to all remedies and enforcement measures authorized by the county. Additionally, as a nuisance per se, any violation of this chapter shall be subject to injunctive relief, any registration issued pursuant to this chapter being deemed null and void, disgorgement and payment to the county for any monies unlawfully obtained, costs of abatement, costs of investigation, attorney fees, and any other relief or remedy available at law or in equity. The county may also pursue any and all remedies and actions available and applicable under state and local laws for any violations committed by hemp entity or persons related to, or associated with, the hemp entity.
(E) Each and every violation of the provisions of this chapter may in the discretion of the District Attorney or County Attorney be prosecuted as a misdemeanor and upon conviction be subject to a fine not to exceed $1,000 or imprisonment in the county jail for a period of not more than six months, or by both such fine and imprisonment. Each day a violation is committed or permitted to continue shall constitute a separate offense.
(F) The remedies provided herein are not to be construed as exclusive remedies. The county is authorized to pursue any proceedings or remedies provided by law.
(Ord. 989, § 1, 2019; Ord. 1,003, §§ 12, 13, 2020)