A. Consumption Of Marijuana In Public Prohibited:
1. No person shall consume any marijuana in public.
2. For purposes of this section, public means:
a. In or upon any public way or public right of way, whether in a vehicle or not;
b. On any property or in any building that is owned, leased, used by, or open to the public; or
c. In or upon those portions of any private property upon which the public has an express or implied license to enter or remain.
d. No person shall drive or sit in the driver's seat of any motor vehicle, other than one licensed to carry passengers for hire, in which a violation of subsection A. 2. a. of this section is occurring.
B. No person shall sell, serve, deliver, or give away any marijuana or any product containing marijuana to any underage person or purchase marijuana or marijuana-infused product for an underaged person. This subsection shall not apply to a licensed caregiver tending to a licensed patient.
C. Marijuana Odor Emissions:
1. No person, tenant, occupant, or property owner shall permit the emission of marijuana odor from any source to result in detectable odors that leave the premises upon which they originated and interfere with the reasonable and comfortable use and enjoyment of another's property.
2. Whether or not a marijuana odor emission interferes with the reasonable and comfortable use and enjoyment of a property shall be measured against the objective standards of a reasonable person of normal sensitivity.
3. A marijuana odor emission shall be deemed to interfere with the reasonable and comfortable use and enjoyment of property if marijuana is detectable outside the premises.
D. No person shall be convicted of a violation of subsection C. of this section unless the city manager or his designee has delivered or posted a written warning, in the previous twelve (12) months, that conduct violating this section is occurring or has occurred.
1. The person, tenant, occupant, or property owner must abate the marijuana odor emission within seven (7) days after the warning is delivered or posted.
2. Seven (7) or more days after a warning is posted or delivered, a separate violation of this section occurs on each day the marijuana odor emission repeats or continues.
3. The warning shall cite this section.
4. The warning may be delivered personally or posted on the property.
5. It shall be presumed that a person charged under this section received the warning if the warning was either (i) delivered to the property owner, a tenant or an occupant; or (ii) posted on the property.
E. Extended Grace Period For Licensed Marijuana Cultivation Facilities: No person who receives a warning at a licensed marijuana cultivation facility shall be convicted of a violation that allegedly occurred within ninety (90) days after the first warning issued pursuant to subsection D, of all of the following conditions are met:
1. A first warning within twelve (12) months was previously issued pursuant to subsection D. of this section for the person's property, and the subject property is license as a marijuana cultivation facility by the city and the state;
2. Seven (7) or fewer days after the warning was posted or delivered, the person submitted a written document to the city manager or his designee which explained (i) why the marijuana odor emissions could not be abated within seven days feasibly, and (ii) how the person planned to abate the marijuana odor emission in the following ninety (90) days;
3. The person receiving the warning has diligently pursued to completion the plans for abating the marijuana odor emission; and
4. The written document described in subsection E. 2. was submitted fewer than ninety (90) days before the date of the violation.
F. Unlawful To Transport Marijuana: It shall be unlawful for any person to distribute, or contract to distribute, any marijuana using any freight or package service, community rideshare, or other commercial transportation network, not including the United States Postal Service.
G. Unlawful To Produce Marijuana Without A License: It shall be unlawful for any person to:
1. Produce any marijuana commercially without a license from the city;
2. Possess extraction vessels, and butane, propane, compressed CO2, ethanol, isopropanol, acetone, heptane, hexane or any other volatile materials used in the commercial production of solvent-based marijuana concentrate, in the same premise as marijuana without a license from the city.
H. Enforcement: Any personal use of cannabis and cannabis products within the city in violation of this section, including any commercial cannabis activity in residential zone districts, is hereby declared to be unlawful and a public nuisance.
1. Any person who willfully or knowingly: 1) engages in a violation of this section, or 2) owns, possesses, controls, or has charge of any parcel of real property in the city upon which a violation of this section is maintained and who has actual knowledge of such violation (or would have actual knowledge of such violation after a reasonable inquiry), shall be subject to the penalties and remedies provided by this section.
2. Any violation of this section shall constitute a separate offense for each and every day the violation occurs or persists.
3. Any person in violation of any provision of this section or who causes another person to be in violation of this section shall have committed a misdemeanor. In addition which shall be punishable by a fine of one thousand dollars ($1,000.00) for each violation and for each day the applicable violation continues to persist.
4. Any person in violation of any provision of this section shall be punishable by an administrative fine of one thousand dollars ($1,000.00) per offense.
I. Costs Of Inspections And Clean-Up: In the event the city incurs costs in the inspection, clean-up, surrender of plants, or any other requirements to remove medical marijuana of any medical marijuana business, or any person cultivating, producing, distributing, or possessing marijuana, the business and responsible person shall reimburse the city all actual costs incurred by the city for such inspection or clean-up.
J. Revocations: Nothing shall prohibit the city manager or his designee from revoking the license of any medical marijuana facility without notice upon a showing of irreparable harm to the public health, safety or welfare. In the event said license is revoked, a hearing shall be held within three (3) business days before the city manager. Any adverse decision may be appealed to the city council, who shall hold a hearing on the matter within thirty (30) days. (Ord. 1223, 8-14-2018, eff. 8-14-2018; amd. Ord. 1246, 6-9-2020)