(A) All owners of marijuana growing facilities for personal medical use are required to obtain a permit from the Town Clerk/Treasurer.
(B) Marijuana growing facilities for personal medical use permit fee shall be the amount set forth in § 116.07. The fee shall be used to offset municipal expenses covering costs related to licensing, inspection, administration, and enforcement of marijuana growing facilities for personal medical use.
(C) All marijuana growing facilities for personal medical use shall be subject to security provisions as stated herein prior to the granting of a permit. Failure to comply with security provisions as stated herein will result in revocation of the permit.
(D) Any access or entry point to residential facilities used for marijuana cultivation for personal medical use must be secured by lock and key or equivalent at all times, except when the residential facility is actively being supervised in person by the permit holder.
(E) Growing marijuana for personal medical use shall be limited to the interior of a single private residence.
(F) Growing marijuana shall not be visible from the public right-of-way.
(G) The growing area, including any lighting, plumbing, or electrical components used, shall comply with municipal building and fire codes. The growing area must be properly ventilated so as not to create humidity, mold, or other related problems. Lighting shall not exceed 1,000 watts per light. The use of gas products (CO2, butane, and the like) or CO2 and ozone generators in the growing area is prohibited.
(H) Growing marijuana shall not be conducted in a manner that constitutes a public nuisance. A public nuisance may be deemed to exist if growing marijuana produces light, glare, heat, noise, odor, or vibration that is detrimental to public health, safety, or welfare or interferes with the reasonable enjoyment of life and property.
(I) (1) The primary use of the residential property in which marijuana is grown shall remain at all times a residence, with legal and functioning cooking, eating, sleeping, and sanitation/bathing facilities with proper ingress and egress.
(2) No room shall be used for growing marijuana where such cultivation will impair or prevent the primary uses of cooking, eating, sleeping, or sanitation/bathing.
(J) (1) If the residence is rented, consent of the property owner shall be obtained prior to any cultivation commencing.
(2) This consent must be evidenced by a signed and notarized statement from the property owner permitting the growth of marijuana in the residence.
(K) Cultivated marijuana must be used exclusively pursuant to a valid state issued medical marijuana license. Any other or unapproved usage shall result in revocation of the license.
(Ord. 19-04-01, passed 4-15-2019) Penalty, see § 116.99