§ 12E-1. Findings and purpose.

A.

In enacting this chapter, it is the intent of the City Council of the City of Colusa to protect the safety and welfare of the general public. The Federal Controlled Substances Act, 21 U.S.C. Section 841, prohibits the possession, sale and distribution of marijuana, and the city council finds that sanctioning the cultivation of medical marijuana would be inconsistent with federal law.

B.

Allowing medical marijuana cultivation would be inconsistent with the city's mission statement, for the City of Colusa "to provide and maintain a progressive, family-oriented, safe community." Therefore, in order to protect the integrity of the city and the goals upon which this city were founded, the city council finds that it is in the best interest of the residents of the city to prohibit the cultivation of marijuana.

C.

Prior to the enactment of this chapter, there were no regulations addressing Cultivation of Medical Marijuana. Neither Proposition 215 nor Senate Bill 420, nor the California Attorney General's August 2008 Guidelines for the Security and Non-Diversion of Marijuana Grown for Medical Use ("guidelines") provide comprehensive civil regulation of premises used for marijuana cultivation.

D.

The police department, city residents and other public entities have reported adverse impacts from medical marijuana cultivation, including disagreeable odors; increased risk of burglary and other property crimes; and acts of violence in connection with the commission of such crimes or the occupants' attempts to prevent such crimes.

E.

The creation of persistent strong odors as marijuana plants mature and flower is offensive to many people and creates an attractive nuisance, alerting persons to the location of valuable marijuana plants and creating an increased risk of crime.

F.

The unregulated cultivation of marijuana can adversely affect the health, safety and well-being of the city and its residents. Comprehensive regulation of premises used for marijuana cultivation is proper and necessary to avoid the risks of criminal activity, degradation of the natural environment, smells and indoor electrical fire hazards that may result from unregulated marijuana cultivation, especially if the amount of marijuana cultivated on a single premises is not regulated and substantial amounts of marijuana can be cultivated in a concentrated place.

G.

The indoor cultivation of substantial amounts of marijuana also frequently requires excessive use of electricity, which often creates an unreasonable risk of fire from the electrical grow lighting systems used in indoor cultivation.

H.

Children are particularly vulnerable to the effects of marijuana use, and the presence of marijuana plants has proven to be an attractive nuisance for children, creating an unreasonable hazard in areas frequented by children including hospitals, schools, church parks or playgrounds, childcare centers, recreation centers or youth centers. Cultivation of any amount of marijuana at, or near these sensitive uses presents unique risks that the marijuana plants may be observed by juveniles, and therefore be especially vulnerable to theft or recreational consumption by juveniles. Further, the potential for criminal activities associated with marijuana cultivation in such locations poses heightened risks that juveniles will be involved or endangered. Therefore, cultivation of any amount of marijuana in such locations or premises is especially hazardous to public safety and welfare, and to the protection of children and the person(s) cultivating the marijuana plants.

I.

As recognized in the California Attorney General's "guidelines," the cultivation or other concentration of marijuana in any location or premises without adequate security increases the risk that surrounding homes or businesses may be negatively impacted by nuisance activity such as loitering or crime.

J.

The limited right of qualified patients and their primary caregivers under state law to cultivate marijuana plants for medical purposes does not confer the right to create or maintain a public nuisance. By adopting the regulations contained in this chapter, the city will achieve a significant reduction in the harms caused or threatened by the cultivation of marijuana.

K.

The purpose of this chapter is to prohibit medical marijuana cultivation in the City of Colusa. Nothing in this chapter shall be deemed to permit or authorize any use or activity which is otherwise prohibited by any state or federal law.

L.

Staff and residents of the city have observed that the smell associated with marijuana cultivation is severe enough that is interferes with the use and enjoyment of property in the city.

M.

The cultivation of marijuana in other cities has resulted in calls for service to the police department, including calls for robberies, thefts and physical assaults from marijuana that is grown outdoors.

N.

Medical marijuana growth poses significant safety risks for surrounding neighbors, including but not limited to, risks of violent confrontation in connection with attempts to steal marijuana, risk of fire from improperly wired electrical lights within structures growing marijuana, risk of guard dogs and security measures associated with structures and properties growing marijuana.

(Ord. No. 497, § 2, 5-6-2014)