CLEARLAKE, Calif. – This week the Clearlake City Council will introduce and hold the first reading of a proposed ordinance that would ban all marijuana cultivation in the city.
The meeting will take place beginning at 6 p.m. Thursday, Feb. 12, at the Clearlake Senior Community Center, 3245 Bowers Ave.
City officials moved the meeting from city hall to the larger venue in anticipation of a big crowd.
At its Jan. 22 meeting, the council directed staff to draft the new ordinance prohibiting marijuana growing, as Lake County News has reported.
City officials and council members agreed to move forward on the proposal, citing issues including crime, health concerns due to the use of chemicals, and the cost to the city for police services and code enforcement.
The proposed 13-page ordinance, which can be seen below, prohibits all marijuana cultivation “by any person, including primary caregivers and qualified patients, collectives, cooperatives or dispensaries, is prohibited in all zone districts within the City,” and declares medical marijuana cultivation a public nuisance.
It cites appellate court rulings that found that California's 1996 Compassionate Use Act “does not confer a right to cultivate marijuana,” and which uphold the city's right to regulate permissible land uses.
If passed, the ordinance would give anyone legally cultivating marijuana prior to its effective date 30 days to harvest their crop. After that grace period, all provisions for abatement would be “immediately enforceable.”
Penalties for violations include misdemeanors, administrative citations and penalties, abatements and collection of city expense.
“Violators shall be subject to any other enforcement remedies available to the City under any applicable state or federal statute or pursuant to any other lawful power the City may possess,” the proposed ordinance states.
If the first reading is approved, the second and final reading will be scheduled for the council's Feb. 26 meeting.
Also on Thursday, the council will hear an update on the emergency declaration put in place in December in response to a severe storm and flooding, and vote on whether or not to keep the emergency in place.
In other business, council members will consider a letter to new state Sen. Mike McGuire regarding the city's priority issues.
On the meeting's consent agenda – items considered noncontroversial and usually accepted as a slate on one vote – are warrant registers; Jan. 22 meeting minutes; consideration of a resolution approving the extension of the Clearlake Municipal Employee Association MOU; review and consideration of the submittal of the recognized obligation payments schedule 15-15 A for July to December 31, 2015, for the oversight board for the city's former redevelopment agency; a report on the League of California Cities dues for 2015; and consideration of an award for $23,480 to Walberg Inc. for asbestos and lead removal and garage demolition at the Highlands Park Visitor Center.
Email Elizabeth Larson at
021214 Clearlake City Council - Proposed ordinance to ban marijuana cultivation by LakeCoNews
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