UPDATE: On June 22, the City Council voted to a) modify its existing cultivation ban, and b) draft a new ban on adult-use cannabis businesses. The cultivation ordinance came up for final approval July 20 but failed to pass by majority vote. It will come up for another vote as consent agenda item 1-M.
Read the draft ordinance here:
Any member of the public may request a consent agenda item be pulled for separate consideration and vote. Because the consent agenda is typically handled at the start of the meeting, being there early is important to ensure you don’t miss it.
Understanding the “tweak” requires understanding the city’s current cultivation ban, Ordinance 2014-20. The ordinance up for approval on Thursday would amend 2014-20 to
a) leave the current ban in place, but to not enforce it “for up to six marijuana plants grown within a single private legally occupied residence, within a locked space, using no more than 1,200 watts of lighting, with no detectable odor from outside that residence, and not visible by normal, unaided vision from a public place or adjacent residence.
b) add “The city may, at its discretion, issue an administrative citation for any violation of this Article.” However, note the administrative penalty remains at $1,000 per PLANT, not per DAY, and the legality of per-plant fines is not settled.
c) add “In addition, the City Attorney may institute a civil action to ensure compliance with this Article, including an action for injunctive relief and/or to recover damages incurred as a result of any violation.”
d) maintains existing unlawful clause “Any property upon which a violation of this article is found shall be subject to immediate abatement by the city.”
f) adds new potentially unlawful clause. “Any marijuana plants found in violation of this article may be confiscated.” The City must, but frequently doesn’t, provide reasonable notice to abate any zoning violation.
If the amended ordinance passes a final vote on Thursday, it will become effective on or about September 3, 2017.
Read the current ban here: http://fresnocannabis.org/city-ordinances/fresno/