HomeMy WebLinkAboutOrdinance 2628 - Amending Title 6 (Bus Taxes, License & Reg) (Cannabis) Prohib against Non-Commerical Cultivation of Cannabis ORDINANCE NO. 2628
AN ORDINANCE OF THE CITY OF REDDING AMENDING TITLE 6
(BUSINESS TAXES, LICENSES AND REGULATIONS), CHAPTER 6.12
(CANNABIS) BY AMENDING SECTIONS 6.12.360 (CULTIVATION FOR
COMMERCIAL SALE — LICENSE REQUIRED) AND 6.12.640
(REMEDIES AND PUBLIC NUISANCE) ADDING A PROHIBITION
AGAINST NON-COMMERCIAL CULTIVATION OF CANNABIS
EXCEPT AS SPECIFICALLY AUTHORIZED, AND DEFINING
LIABILITY FOR ABSENT OWNERS OF REAL PROPERTY FOR
UNLAWFUL CANNABIS CULTIVATION ON PROPERTY OWNED BY
SAID OWNERS
THE CITY COUNCIL OF THE CITY OF REDDING DOES ORDAIN AS FOLLOWS:
Section 1. Title 6 (Business Taxes, Licenses and Regulations), Chapter 6.12 (Cannabis),
Section 6.12.360 of the Redding Municipal Code is hereby amended to read as follows:
6.12.360 —Unlawful Cultivation of Cannabis.
A. It is unlawful and a public nuisance to cultivate cannabis unless specifically authorized
by the Municipal Code and that person has been issued all applicable licenses for
cultivation by the State of California and the City of Redding.
B. Every cannabis plant cultivated in violation of this section shall constitute a separate
violation.
Section 2. Title 6 (Business Taxes, Licenses and Regulations), Chapter 6.12 (Cannabis),
Section 6.12.640 of the Redding Municipal Code is hereby amended to read as follows:
6.12.640—Remedies and Public Nuisance.
A. The procedures set forth in this chapter shall be cumulative and in addition to any other
procedure or legal remedy provided for in the Redding Municipal Code or the laws of the
State of California. Nothing in this chapter shall be deemed to prevent the City of
Redding from commencing alternative administrative, civil or criminal proceedings.
B. The city attorney is authorized to institute administrative action pursuant to Chapters 1.13
through 1.15 of the Redding Municipal Code and to institute civil or criminal action in
the Shasta County Superior Court in order to enforce the provisions of this chapter and
those provisions set forth in Title 18 of the Redding Municipal Code relating to land use
for cannabis businesses. Subject to California Government Code Section 53069.4, such 0
administrative enforcement action may include the immediate imposition of 4-
administrative fines or penalties issued pursuant to Chapter 1.13 of the Redding
Municipal Code. A property owner shall have a reasonable period of time for the YJ
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correction or remedy of the violation prior to the imposition of administrative fines or
penalties if all of the following are true:
1. A tenant is in possession of the property that is the subject of the administrative
action.
2. The rental property owner or agent can provide evidence that the rental or lease
agreement prohibits the cultivation of cannabis.
3. The rental property owner or agent did not know the tenant was illegally
cultivating cannabis and no complaint, property inspection, or other information
caused the rental property owner or agent to have actual notice of the illegal
cannabis cultivation. Property owners who received written notice of violations of
this Chapter are presumed to have actual notice and knowledge of future
violations for a period of one year after the date of the written notice. Such
presumption shall be rebuttable.
C. This chapter is cumulative to all other remedies now or hereafter available to abate or
otherwise regulate, enforce or prevent public nuisances or to enforce the provisions of the
Redding Municipal Code. Any violation of this chapter may be subject to injunctive
relief, revocation of any license issued by the City of Redding, disgorgement and
payment to the City of Redding of any and all money unlawfully obtained, costs of
abatement, investigation and attorney fees or any other relief or remedy available at law
or equity.
D. A violation of any section within this chapter is a public nuisance.
Section 3. Severability. If any section, subsection, subdivision, paragraph,
sentence, clause or phrase of this Ordinance or any part thereof is for any reason held to
be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such
decision shall not affect the validity or effectiveness of the remaining portions of this
Ordinance or any part thereof. The City Council of the City of Redding hereby declares
that it would have passed each section, subsection, subdivision, paragraph, sentence,
clause or phrase thereof irrespective of the fact that any one or more sections,
subsections, subdivisions, paragraphs, sentences, clauses or phrases be declared
unconstitutional or invalid or ineffective.
Section 4. No Mandatory Duty of Care. This Ordinance is not intended to
and shall not be construed or given effect in a manner which imposes upon the City, or
any officer or employee thereof, a mandatory duty of care towards persons or property
within the City or outside of the City so as to provide a basis of civil liability for
damages, except as otherwise imposed by law.
Section 5. The passage of this ordinance is not a "project" according to the definition
in the California Environmental Quality Act, and therefore is not subject to the provisions
requiring environmental review.
Section 6. Effective Date. This ordinance shall take effect thirty (30) days after the
date of its adoption, and the City Clerk shall certify to the adoption thereof and cause publication
according to law.
I HEREBY CERTIFY that the foregoing ordinance was introduced and read by the City
Council of the City of Redding at a regular meeting on the 1 st day of September, 2020, and was
duly read and adopted at a regular meeting on the 15th day of September, 2020, by the following
vote:
AYES: COUNCIL MEMBERS: Dacquisto,Resner,Schreder,Winter,and McElwain
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
ABSTAIN: COUNCIL MEMBERS: None
ADAM McELVAIN, Mayor
ATTEST: FORM APPROVED:
PAMELA MIZE, Ci; Clerk BARRY E.XWALi, City Attorney
DATE ATTESTED: September ai , 2020