A. Any commercial marijuana activity, use or condition caused or permitted to exist in violation of any of the provisions of this chapter shall be unlawful and may be abated by the city pursuant to Chapter 8.16 of this code. The violation of any provision of this chapter shall be and is hereby declared to be a public nuisance and contrary to the public interest and shall, at the discretion of the city, create a cause of action for injunctive relief. Any violation of the provisions of this chapter
may also be subject to administrative remedies, as set forth in Chapter 1.13 of this code.
B. Notwithstanding the penalties set forth in subsection A, this chapter does not authorize a criminal prosecution, arrest or penalty inconsistent with or prohibited by Health and Safety Code Section 11362.71 et seq., or Section 11362.1 et seq., as the same may be amended from time. In the event of any conflict between the penalties enumerated under Chapter 5.30, Chapter 8.16, Chapter 1.13 and any penalties set forth in state law, the maximum penalties allowable under state law shall govern. (Ord. 355 § 1, 2017; Ord. 291 § 1, 2009)