The URL can be used to link to this page

Home My WebLink AboutOrdinances - No. 1919ORDINANCE NO. 1919 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LODI AMENDING LODI MUNICIPAL CODE T¡TLE 9 - PUBLIC PEACE, MORALS, AND WELFARE - BY REPEALING CHAPTER 9.30, 'MEDICAL MARIJUANA DISPENSARIES" IN ITS ENTIRETY, AND ENACTING CHAPTER 9.30,'MEDICAL MARIJUANA' =================================================================== BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LODI AS FOLLOWS: SECTION 1. Lodi Municipal Code Title 9 - Public Peace, Morals, and Welfare - is ñereby amended by repealing Chapter 9.30, "Medical Marijuana Dispensaries" in its entireiy, and enacting Chapter 9.30, "Medical Marijuana" to read as follows: CHAPTER 9.30 MEDICAL MARIJUANA SECTIONS: 9.30.010 9.30.020 9.30.030 9.30.040 9.30.050 9.30.060 Definitions Establishment Prohibited and Operation of Medical Marijuana Dispensaries Delivery of Medical Marijuana as a Prohibited Use and/or Activity Procesäing of Medical Marijuana as a Prohibited Use and/or Activity Public Nuisance Civil Penalties Section 9.30.010 Definitions. For the purposes of this chapter, the following definitions shall apply: A. "Medical Marijuana" is marijuana authorized in strict compliance with Health and Safety Code Section 11362.5, et seq. B. "Medical Marijuana Dispensary" means any facility or location, whether fixed or mobile, where mediðal marijuana is cultivated or by any means made available to, distributed by, or distributed to two (2) or more of the following: a qualified patient, a person with án identification card, or a primary caregiver in strict accordance with Health and Safety Code Sections 11362.5, et seq., and 11362.7, et seq. A medical marijuana dispensary shall not include the following uses, so long as such uses comply wiih this code, Health and Safety Code Section 11362.5 et seq., and other applicable law: 1. A clinic licensed pursuant to Chapter 1 of Division 2 of the Health and SafetY Code. 2. A health care facility licensed pursuant to Chapter 2 of Division 2 of the Health and SafetY Code' 3. A residential care facility for persons with chronic life-threatening illness licensed pursuant to Châpter 3.01 of Division 2 of the Health and Safety Code. 4. A residential care facility for the elderly licensed pursuant to Chapter 3.2 of Division 2 of the Health and Safety Code' S. A hospice or a home health agency licensed pursuant to Chapter I of Division 2 of the Health and Safety Code' C. .Marijuana Delivery" or "Delivery" means the commercial delivery, transfer or transport, or arranging tor ifre delivery, transfer or transport, or the use of any technology platform to arrange lor or facilitate the commercial delivery, transfer or transport of medical marijuanã, marijuana edibles, and/or any marijuana products to or from any location within the jurisdictional limits of the City of Lodi, and any and all associated business and/or operational activities. D. .Mar'rjuana Processing" or "Processing" means any method used to prepare medical mar¡uana, marijuanJedibles and/or marijuana byproducts for commercial retail and/or wholesale sales, including, but not limited to: cleaning, curing, preparation, laboratory testing, manufacturing, packaging, and extraction of active ingredients to create marijuana related products and concentrates. E. ,,person with an identification card" shall have the meaning as set forth in Health and Safety Code Section 11362'7, and as may be amended' F. "primary caregiver" shall have the meaning as set forth in Health and Safety Code Section 11362.7, and as may be amended. G. "eualified patient" shall have the meaning as set forth in Health and Safety Code Section 11362.7, and as may be amended. Section 9.30.020 Establishment and Operation of Medical Marijuana Dispensaries Prohibited. No person shall establish, operate, or permit the establishment or operation of a medical mai¡uana dispensary in or upon any premises in the City of Lodi. Section 9.30.030 Delivery of Mar'rjuana as a Prohibited Use and/or Activity. Marijuana Delivery by any person or entity, including, but not limited to, clinics, collectives, cooperativês anï dispensaries, is prohibited in the City. No permit, license, ur" p"rrit or variance, whether conditional or otherwise, shall be issued for the establishment of such activity. Any Delivery that takes place in violation of any provision of this Chapter is unlawful, and ié hereby declared a public nuisance. Nothing in this Ctrapter is intended to, nor shall it be construed to, make legal any Delivery activity that is otherwise prohibited under California law. Section 9.30.040 Processing of Mar'rjuana as a Prohibited Use and/or Activity' Marijuana processing by any þerson or entity, including, but not limited to, clinics, 2 collectives, cooperatives and dispensaries, is prohibited in all zones within the City's jurisdictionat tim¡ts. No permit, license, use permit or variance, whether conditional or "othenruise, shall be issued for the establishment of such activity. Any Processing that t"L"r place in violation of any provision of this Chapter is unlawful, and is hereby dedaréd a public nuisance. Nothing in this Chapter is intended to, nor shall it be construed tó, make legal any Processing activity that is otherwise prohibited under California law. Section 9.30.050 Public Nuisance. Any use or condition caused, or permitted to exist, in violation of any provision of this Châpter g.30 shall be; and hereby is declared to be a public nuisance_ and may be summarily abated by the City pursuant to Code of Civil Procedure Section 731. Section 9.30.060 Civil Penalties. ln addition to any other enforcement permitted by this Chapter 9.30, the City Attorney_ may bring a civil áction for injunctive relief and civil penalties pursuant to Chapter 1.10 of thii codJagainst any person or entity that violates this Chapter 9.30. ln any civil action brought puisuant to this Chapter 9.30, a court of competent jurisdiction may award reasonable attorneys fees and costs to the prevailing party. SECTION 2. 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 þrovide a basis of civil liability for damages, except as otherwise imposed by law. SECTION 3. All ordinances and parts of ordinances in conflict herewith are repealed insofar as such conflict may exist. SECTION 4. This ordinance shall be published one time in the "Lodi News Sentinel," a dally "e.,spaper of general circulation printed and published in the City of Lodi, and shall be in force and take effect 30 days from and after its passage and approval. Approved this 20th day of January, 2016 t|,/,t*,/" Ut *Øt* MARK CHANDLER Mayor Attest: NIFER Clerk 3 FERRAIOLO State of California County of San Joaquin, ss. l, Jennifer M. Ferraiolo, City Clerk of the City of Lodi, do hereby certify that Ordinance No. 1919 was introduced at a regular meeting of the City Council of the City of Lodi held January 6, 2016, and was thereafter passed, adopted, and ordered to print at a regular meeting of said Council held January 20, 2016,2016, by the following vote: AYES: COUNCIL MEMBERS - Johnson, Kuehne, Nakanishi, and Mayor Chandler NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - Mounce ABSTAIN: COUNCIL MEMBERS - None I further certify that Ordinance No. 1919 was approved and signed by the Mayor on the date of its passage and the same has been published pursuant to law. f- "'r^qERoLo Clerk Approved as to Form: D. MAGD¡CH F 4