ORDINANCE NO. 173-2015: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CLEARLAKE, CALIFORNIA AMENDING CHAPTER X OF THE CLEARLAKE MUNICIPAL CODE ADDING SECTION 10-8 (ABATEMENT OF PUBLIC NUISANCES) AND 10-9 (ADMINISTRATIVE PENALTIES) AND REPEALING AND REPLACING SECTION 10-7 (MEDICAL MARIJUANA CULTIVATION), TO BAN THE CULTIVATION OF MEDICAL MARIJUANA
(SUMMARY PUBLICATION)

NOTICE IS HEREBY GIVEN that the Clearlake City Council adopted Ordinance No. 173-2015 on February 26, 2015.

The purpose and intent of the Ordinance is to amend the municipal code to prohibit cultivation of medical marijuana in order to preserve the public peace, health, safety and general welfare of the citizens of the City of Clearlake.

The City Council of the City of Clearlake finds that medical marijuana cultivation requires a ban so as to prevent negative impacts on nearby residents and businesses; and finds that marijuana cultivation throughout the City constitutes a threat to the public health, welfare and safety based on, but not limited to: a) an increased risk to public safety, based on the value of marijuana plants and the accompanying threat of break-ins, robbery and theft, and attendant violence and injury; b) the strong “skunk like” fumes emitted from mature plants which can interfere with the use and enjoyment of neighboring properties by their occupants; c) the potential for theft and use by school age children where medical marijuana is cultivated in a visible location, particularly where such location is close to schools; and d) the cultivation of medical marijuana can also result in various code violations, including improper and dangerous electrical alterations and use.

These secondary effects pose serious safety risks, and require the commitment of scarce police and public resources.

Furthermore, the City Council of the City of Clearlake finds that the public health, safety and general welfare of the City and its residents requires the adoption of this ordinance, prohibiting cultivation of marijuana within the City in order to: a) protect and safeguard against the detrimental secondary impacts of marijuana cultivation; b) prevent minors in the community from gaining access to marijuana in cultivation areas; and c) reduce the burden on the City’s law enforcement services. 

The full text of the Ordinance is available for public review during normal business hours at the Office of the City Clerk, City of Clearlake, 14050 Olympic Drive, Clearlake, Ca. 95422 and on the city Web site at www.clearlake.ca.us .