Skip to main content
Loading…
This section is included in your selections.

Words and phrases used in Sections 5.650 to 5.654 shall have the following meanings ascribed to them:

(1) “Dwelling” means any building or portion thereof containing living facilities, such as a house, apartment, accessory dwelling unit, or manufactured home.

(2) “Indoors/Indoor production” means producing marijuana in a dwelling or garage, utilizing artificial lighting on marijuana plants.

(3) “Marijuana” means the plant Cannabis family Cannabaceae, any part of the plant Cannabis family Cannabaceae and the seeds of the plant Cannabis family Cannabaceae.

(4) “Marijuana cultivator” means a person engaged in the production of marijuana and includes:

(a) any person engaged in the production of medical marijuana in accordance with state law; including, but not limited to, a registry identification cardholder, designated primary caregiver or person responsible for a marijuana grow site;

(b) any person engaged in the production of recreational homegrown marijuana in accordance with state law; or

(c) a landlord or property owner that permits or allows a marijuana cultivator to engage in the production of marijuana.

(5) “Offensive Odor of Marijuana” means an odor of marijuana that is offensive to an ordinary, reasonable person under the totality of the circumstances. Factors to be considered may include the intensity, duration and frequency of the marijuana odor, whether the marijuana odor is continuous or intermittent, and the circumstances in which the marijuana odor is smelled.

(6) “Outdoor production” means producing marijuana in an expanse of open or cleared ground open to the air; or in a greenhouse, hoop house, or similar non-rigid or glass structure that does not utilize man-made lighting, heating, or cooling systems.

(7) “Production of Marijuana” means the planting, cultivation, growing or harvesting of marijuana, and includes the trimming or drying of marijuana leaves or flowers.

(8) “Property” means any home, business, publicly owned property, or public right-of-way.

(9) “Garage” means a fully enclosed structure, attached to the dwelling, or detached and in existence as of June 21, 2018, built for the parking, shelter, or repair of automotive vehicles.

[Added Sec. 2, Ord. No. 2015-70, Jul. 16, 2015; Amd. Sec. 2, Ord. No. 2016-60, Dec. 1, 2016; Amd. Sec. 1, Ord. No. 2018-74, Jun. 21, 2018.]