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Home My WebLink AboutReview - PDMC Ch 8.38 Personal Use of CannabisSTAFF REPORT CITY OF PALM DESERT COMMUNITY DEVELOPMENT DEPARTMENT DATE: May 23, 2019 PREPARED BY: Eric Ceja, Principal Planner REQUEST: Receive and file a review of Chapter 8.38 Personal Use of Cannabis of the Palm Desert Municipal Code (PDMC), providing direction to staff regarding potential regulation of smoke trespass in residential neighborhoods. Recommendation By Minute Motion, receive and file the report and provide direction to staff. Strategic Plan Obiective The review of the City's existing ordinance does not achieve any of the goals identified in the City's Strategic Plan. Background Analvsis At its meeting of April 11, 2019, the City Council directed staff to review the City's Cannabis Ordinance related to cannabis use on private residential properties. Chapter 8.38 of the PDMC regulates the personal use of cannabis. The ordinance prohibits cannabis consumption in public spaces and City properties; however, the ordinance defers to State law which allows for on -site cannabis consumption at private residential properties. Chapter 8.38 Personal Use of Cannabis The ordinance regulates the personal use and possession of cannabis in the City of Palm Desert. The ordinance specifically restricts cannabis use and consumption in the following places: 1. Public places. 2. Locations where smoking tobacco is prohibited by the City ordinance. A. Unenclosed public places. B. Places of employment. C. Businesses. D. Common areas of multi -family residential properties owned by the City. 3. Within 1,000 feet of school grounds, day care centers, or youth centers. 4. City properties including parks and City -owned housing developments. The ordinance further states that "all personal use and possession of cannabis must be in compliance with the Medicinal and Adult -Use Cannabis Regulation and Safety Act (MAUCRSA)." MAUCRSA does not limit personal use of cannabis on private residential May 23, 2019 — Staff Report Cannabis Consumption Informational Report Page 2 of 2 properties; however, it does allow local jurisdictions to establish "reasonable regulations" to limit noxious impacts. Additionally, landlords may prohibit cannabis use on rental properties. Staff has identified precedence for restricting legal cannabis consumption on private residential property. Locally, the City of Cathedral City has established, by an ordinance, limitations on personal consumption of cannabis in private residential places. Per Cathedral City Ordinance 802, persons may not "cause or permit persistent cannabis odors that are offensive to individuals of normal sensitivity and which adversely impact or unreasonably interfere with the use and enjoyment of property." The ordinance further states that "if the City receives three or more verified complaints from individuals representing separate residences or places of business," the city may take corrective action if such a public nuisance exists. Based on the above -noted, City staff is seeking direction from City Council on whether the City's Cannabis Ordinance should be amended to address legal cannabis consumption on private residential properties. LEGAL REVIEW DEPT. REVIEW FINANCIAL REVIEW CITY MANAGER N/A r aves Ryan Stendell Janet Moore Lauri Aylaian City rney Director, Community Director of Finance City Manager Dev ATTACHMENTS: 1. PDMC Chapter 8.38 Personal Use of Cannabis G \Piannmg\Eric Ceia\Cannab,s\CC Personal Cannabis Use Staff Report (5.23.19).doc Chapter: 8.38 PERSONAL USE OF CANNABIS Page 1 of 2 Palm -Desert Municipal Code Up Previous Next Title 8 HEALTH AND SAFETY Main collapse 1 Search Print f No Frames Chapter: 8.38 PERSONAL USE OF CANNABIS 8.38.010 Purpose and intent. It is the purpose and intent of this chapter to regulate the personal use and possession of medicinal cannabis and non -medicinal adult use cannabis within the city of Palm Desert in compliance with applicable state and local laws. (Ord. 1329 § 6, 2017) 8.38.020 Definitions. "Cannabis" means all parts of the plant Cannabis sativa Linnaeus, Cannabis indica, or Cannabis ruderal is, whether growing or not; the seeds thereof, the resin, whether crude or purified, extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin. "Cannabis" also means the separated resin, whether crude or purified, obtained from cannabis. "Cannabis" does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination. "Cannabis products" means cannabis that has undergone a process whereby the plant material has been transformed into a concentrate, including, but not limited to, concentrated cannabis, or an edible or topical product containing cannabis or concentrated cannabis and other ingredients. "City" means the city of Palm Desert. "Day care center" means any child day care facility including infant centers, preschools, extended day care facilities, and school age child care centers. "Personal residence" means a house, an apartment unit, a mobile home, or other similar dwelling. "Smoke" means to inhale, exhale, burn, or carry any lighted or heated device or pipe, or any other lighted or heated marijuana or marijuana product intended for inhalation, whether natural or synthetic, in any manner or in any form. "Smoke" includes the use of an electronic smoking device that creates an aerosol or vapor, in any manner or in any form, or the use of any oral smoking device for the purpose of circumventing the prohibition of smoking in a place. "Youth center" means any public or private facility that is primarily used to host recreational or social activities for minors, including, but not limited to, private youth membership organizations or clubs, social service teenage club facilities, video arcades, or similar amusement park facilities. (Ord. 1329 § 6, 2017) 8.38.030 Personal use and possession. All personal use and possession of cannabis must be in compliance with the Compassionate Use Act ("Act"), the Medical Marijuana Program ("MMP"), and the Medicinal and Adult -Use Cannabis Regulation and Safety Act ("MAUCRSA"). In addition, the restrictions listed below apply. It is unlawful and a public nuisance to: A. Smoke or ingest cannabis or cannabis products in a public place, including, but not limited to, streets, sidewalks, parks, or any common areas within a residential development, including, but not limited to, private http://gcode.us/codes/palmdesert/view.php?topic=8-8_38&showAI1=1 &frames=on 5/16/2019 Chapter: 8.38 PERSONAL USE OF CANNABIS Page 2 of 2 streets and sidewalks, common parking areas, parks or other spaces maintained by a homeowners or property owners association and accessible to residents of the development. B. Smoke cannabis or cannabis products in a location where smoking tobacco is prohibited under Chapter 8.36 Regulation and Prohibition of Smoking. C. Possess, smoke or ingest cannabis or cannabis products in or upon the grounds of a school, day care center, or youth center; or smoke cannabis or ingest cannabis within one thousand feet of a school, day care center, or youth center, except in or upon grounds of private residence and then only if such smoking is not detectable by others on the grounds of any school, day care center, or youth center. D. Smoke cannabis or use cannabis products on city property, including parks, common areas in city - owned housing developments, and other public places. (Ord. 1329 § 6, 2017) 8.38.040 Penalties for violation. A. Any person who violates any provision of this chapter is deemed guilty of misdemeanor or an infraction, at the discretion of the city attorney or the District Attorney in accordance with Chapter 1.12 of this code. B. Any violation of this chapter is hereby declared to be a public nuisance. C. Each incident of smoking in violation of this chapter is subject to a one -hundred -fifty -dollar fine. D. The provisions of this section are not to be construed as exclusive remedies and, in the event of violation, the city may pursue any proceedings or remedies otherwise provided by law. (Ord. 1329 § 6, 2017) View the mobile version. http://gcode.us/codes/palmdesert/view.php?topic=8-8_38&showAll=1 &frames=on 5/16/2019