§ 23-3.4. Cannabis-Related Uses, Commercial Cannabis Activities, Deliveries, and Cultivation Prohibited.
a.
Prohibition. As outlined below, all cannabis-related or medical cannabis-related uses, including dispensaries, cultivation, deliveries, and all other commercial cannabis activities for which a state license is required under the MMRSA or AUMA are prohibited in all zones throughout the City. Accordingly, the City shall not issue any permit, or process any license or other entitlement for any cannabis- or medical cannabis-related use or any other activity for which a State license is required under the MMRSA.
1.
Cannabis-Related Uses. All cannabis-related uses, including but not limited to cooperatives, deliveries, and dispensaries, are expressly prohibited in all zones and all specific plan areas in the City, regardless of whether the cannabis is used for medicinal purposes, for recreational use, or whether such uses qualify as commercial cannabis activities under the MMRSA. No person shall establish, operate, conduct, permit or allow any cannabis-related use anywhere within the City.
2.
Medical Cannabis Uses. All medical cannabis-related uses, including but not limited to cooperatives, cultivation, dispensaries, and deliveries, are expressly prohibited in all zones and all specific plan areas in the City, regardless of whether such uses qualify as commercial cannabis activities under the MMRSA. No person shall establish, operate, conduct, permit or allow any medical cannabis-related use anywhere within the City.
3.
Commercial Cannabis Activities. All commercial cannabis activities, including but not limited to cooperatives, dispensaries, cultivation, and deliveries, are expressly prohibited in all zones and all specific plan areas in the City. No person shall establish, operate, conduct, permit or allow a commercial cannabis activity anywhere within the City.
4.
Cannabis Deliveries. All deliveries of cannabis and medical cannabis are expressly prohibited in the City. No person shall conduct any deliveries of cannabis or medical cannabis that either originate or terminate at any location within the City.
5.
Cannabis Cultivation. Subject to the exception below, the cultivation of cannabis or medical cannabis, regardless of whether for commercial, non-commercial purposes, or recreational purposes and including cultivation by a qualified patient or primary caregiver, is expressly prohibited in all zones and all specific plan areas in the City. For indoor cultivation of recreational cannabis, the ban on cultivation extends as far as legally permissible under the AUMA. Indoor cultivation allowed pursuant to the AUMA shall not be visible or apparent other than on the subject property, shall not constitute a health or safety issue, and shall not impact neighboring properties. To the extent allowed by law, no person, including but not limited to a qualified patient or primary caregiver, shall cultivate any amount of cannabis or medical cannabis in the City, regardless of whether or not the cannabis or medical cannabis is intended to be used for medical purposes or otherwise qualifies as commercial cannabis activities under the MMRSA.
b.
Public Nuisance. Any use or condition cause, or permitted to exist, in violation of any provision of this Section 23-3.4 shall be, and is hereby declared to be, a public nuisance and may be summarily abated by the City pursuant to California Code of Civil Procedure Section 731 or any other remedy available at law.
c.
Civil Penalties. In addition to any other enforcement permitted by any provision of the Villa Park Municipal Code, the City Attorney may bring a civil action for injunctive relief and civil penalties against any person who violates any provision of this Chapter. In any civil action that is brought pursuant to this Chapter, a court of competent jurisdiction may award civil penalties and costs to the prevailing party.
(Ord. #2015-597, § 3; Ord. #2016-603, § 5)