Clearlake >> The City of Clearlake easily approved a revised medical marijuana ordinance at Thursday night’s city council meeting, with a 5-0 vote in favor. It goes into effect in 30 days, on July 11.
Revisions to the ordinance, which include steeper fines for violations and a reduced abatement time from 15 to 10 days, are intended ensure enforceability. “We used language from another area that had been successful,” Councilman Russell Perdock said. Violations will result in a $1000 fine for each plant above the allowed amount. Further, if the property owner is not in compliance after 10 days, a $100 fee per day will also be charged.
After adopting a no-grow ordinance in late March, the council was met with resistance from citizens who felt the city was impeding on their access to medical marijuana. Threats of a lawsuit and a signature-gathering campaign caused the city council to rescinded the ordinance on May 14.
As a result, they had to return to the previous medical marijuana ordinance, adopted in September 2013, which council members worried had a “very weak” abatement clause. Some criticized the ordinance as lacking “teeth,” which made it difficult to enforce. This allegedly lead to a number of large-scale grows which posed safety concerns for many citizens and elicited numerous complaints of a strong odor.
Medical marijuana is classified as a public nuisance, rather than a crime, and is dealt with through code enforcement, as opposed to the police department.
While the 2013 ordinance allowed six to 48 plants based on the size of the parcel, the city council considered limiting all marijuana cultivation to six plants per parcel, regardless of size. However, council members were worried about delaying proceedings. “We were concerned changing the ordinance completely that everything might come to a stop,” said Perdock. “We need to get moving on this. This is an urgent issue.”
The revised ordinance lines up with the 2013 ordinance; six to 48 plants are allowed on a sliding scale, based on the size of the lot.
A six foot height limit was also considered, but ultimately deleted due to a lack of a limit in the 2013 ordinance. While there is no height restriction, all outdoor cultivation must be screened from public view with solid wood fencing.
Other revisions include language clarification.
“I think this provides the necessary teeth in order to enforce this ordinance this growing season,” said Vice Major Gina Fortino-Dickson. “What we choose to do in the future … will be different from this … This serves our purpose right now.”
Cultivation of medical marijuana is prohibited on vacant lots or parcels, within 600 feet of a public or private school or a child care center, and properties with multi-family dwellings. Cultivation is only allowed in mobile home parks if they possess a designated garden area set aside by park management or on a lot that is larger than 4,500 square feet.
Jennifer Gruenke can be reached at 900-2019.
