2017/12/12 City Council Ordinance 914ORDINANCE NO. 914
AN ORDINANCE OF THE CITY OF ROHNERT PARK, CALIFORNIA, AMENDING
ROHNERT PARK MUNICIPAL CODE CHAPTER 8.30 (COMMERICAL CANNABIS
FACILITIES, CANNABIS DELIVERIES, AND CANNABIS CULTIVATION)
WHEREAS, the applicant, City of Rohnert Park, filed Planning Application No. PLMC
2017-005 proposing to amend the Rohnert Park Municipal Code ("RPMC") by amending the
Municipal Code Chapter 8.30 (Marijuana Cultivation, Processing, Delivery, and Dispensaries);
and
WHEREAS, the proposed amendments to Chapter 8.30 of Title 8, the Health and Safety
Code, would update definitions and regulation of marijuana -related uses; and
WHEREAS, in 1970, Congress enacted the Controlled Substances Act (CSA) which,
among other things, makes it illegal to import, manufacture, distribute, possess or use marijuana
in the United States; and
WHEREAS, in 1972, California added Chapter 6 to the state Uniform Controlled
Substances Act, commencing at Health and Safety Code section 11350, which established the
state's prohibition, penalties, and punishments for the possession, cultivation, transportation, and
distribution of marijuana; and
WHEREAS, in 1996, the voters of the State of California approved Proposition 215 (the
"Compassionate Use Act;" Health and Safety (H&S) Code Section 11362.5 et seq.); and
WHEREAS, California courts have held that the CUA created a limited exception from
criminal liability for seriously ill persons who are in need of medical marijuana for specified
medical purposes and who obtain and use medical marijuana under limited, specified
circumstances; and
WHEREAS, on January 1, 2004, the state Legislature enacted the "Medical Marijuana
Program" (MMP), codified as Health and Safety Code sections 11362.7 to 11362.83, to clarify the
scope of the CUA, establish a voluntary program for identification cards issued by counties for
qualified patients and primary caregivers, and provide criminal immunity to qualified patients and
primary caregivers for certain activities involving medical marijuana, including the collective or
cooperative cultivation of medical marijuana; and
WHEREAS, the California Supreme Court ruled unanimously in City of Riverside v.
Inland Empire Patients Health and Wellness Center, Inc. (2013) 56 CalAth 729, that the CUA and
the MMP do not preempt local ordinances that completely and permanently ban medical marijuana
dispensaries, collectives, and cooperatives; and
WHEREAS, in Maral v. City of Live Oak (2013) 221 Cal.AppAth 975, the Third District
Court of Appeal held, based on Inland Empire, that there was no right to cultivate medical
marijuana and that a city could implement and enforce a complete ban on this activity, including
a ban on personal cultivation; and
WHEREAS, on October 9, 2015, Assembly Bills 243 and 266 and Senate Bill 643
(collectively, the "Medical Cannabis Regulation and Safety Act" or "MCRSA") were enacted to
create a state regulatory and licensing system governing the cultivation, testing, and distribution
Page 1 Ord. 914
of medical marijuana, the manufacturing of medical marijuana products, and physician
recommendations for medical marijuana; and
WHEREAS, MCRSA expressly preserved local control over medical marijuana facilities
and land uses, including the authority to prohibit medical marijuana facilities and cultivation
completely; and
WHEREAS, on November 8, 2016, the voters of the State of California approved
Proposition 64, entitled the "Control, Regulate and Tax Adult Use of Marijuana Act"
("AUMA"); and
WHEREAS, under Proposition 64, individuals may possess and use specified amounts of
marijuana and may cultivate up to six marijuana plants per private residence; and
WHEREAS, under Health and Safety Code section 11362.2(b), cities may prohibit private
outdoor marijuana cultivation, but may not prohibit completely private indoor cultivation of six
marijuana plants or less; cities, however, may reasonably regulate private indoor cultivation of six
marijuana plants or less; and
WHEREAS, Business and Professions Code section 26200, which is part of Proposition
64, expressly recognizes the ability of cities to completely prohibit all recreational marijuana
businesses or to regulate such businesses; and
WHEREAS, On Tune 27, 2017, the Governor signed Senate Bill 94, which repealed
MCRSA and included provisions from MCRSA regarding medical marijuana in the AUMA, so
that the regulations governing both medical and non-medical marijuana were contained under one
regulatory structure; and
WHEREAS, Senate Bill 94 renamed the AUMA as the Medicinal and Adult -Use Cannabis
Regulation and Safety Act ("MAUCRSA"), and introduced more uniform terminology; Senate
Bill 94 revised references in existing law to "marijuana" or "medical marijuana" to instead refer
to "cannabis" or "medicinal cannabis," and revised references to "nonmedical" to "adult -use;" and
WHEREAS, many California communities have experienced adverse impacts and
negative secondary effects from commercial cannabis establishments and cultivation sites,
including hazardous construction, unsafe electrical wiring, noxious odors and fumes affecting
neighboring properties and businesses, increased crime in and around such land uses, and the
diversion of cannabis to minors; and
WHEREAS, it is reasonable to conclude that commercial cannabis businesses and private
cultivation under MAUCRSA would cause similar adverse impacts on the public health, safety,
and welfare within the City of Rohnert Park; and
WHEREAS, in order to protect the public health, safety, and welfare, the City Council has
determined that it is necessary to reaffirm its existing policy of prohibiting commercial cannabis
businesses and deliveries and restricting cannabis cultivation to the maximum extent possible
within Rohnert Park; and
WHEREAS, the City Council has also determined that an amendment to Municipal Code
Chapter 8.30 is necessary in order to ensure that local cannabis regulations remain consistent with
state marijuana laws and that the City's cannabis restrictions and regulations are clear and
unambiguous; and
Page 2 Ord. 914
WHEREAS, the proposed regulations have been determined not to be a project for the
purposes of the California Environmental Quality Act (CEQA); and
WHEREAS, the attached hereto as Exhibit A includes the amendment to Municipal Code
Chapter 8.30 necessary in order to ensure that local cannabis regulations remain consistent with
state marijuana laws and that the City's cannabis restrictions and regulations are clear and
unambiguous; and
WHEREAS, on November 28, 2017, the City Council conducted a duly notice public
hearing to review and consider the information contained in Planning Application No. PLMC
2017-005 for the amendments to Chapter 8.30 of Title 8 (Health and Safety).
NOW, THEREFORE, the City Council of the City of Rohnert Park does hereby ordain
as follows:
Section 1. The above recitations are true and correct and material to this Ordinance. In
making its findings, the City Council relied upon and hereby incorporates
by reference all staff reports, presentations, and other documentation
presented to the Council in the meeting.
Section 2. Environmental Clearance. The City Council finds the approval of this
ordinance is not a project subject to the California Environmental Quality
Act ("CEQA") pursuant to CEQA Guidelines Sections 15060(c)(2) (the
activity will not result in a direct or reasonably foreseeable indirect physical
change in the environment) and 15060(c)(3) (the activity is not a project as
defined in Section 15378) of the CEQA Guidelines, California Code of
Regulations, Title 14, Chapter 3, because it has no potential for resulting in
a physical change to the environment, directly or indirectly. Alternatively,
the City Council finds the approval of this ordinance is exempt under CEQA
Regulation Section 15061(b)(3) because it can be seen with certainty to
have no potential for causing a significant effect on the environment.
Section 3. Approval of Municipal Code Amendments. The City Council hereby
approves the amendments to Chapter 8.30 which are attached as Exhibit A
and are incorporated by reference as if set forth in full.
Section 4. Severability. The City Council hereby declares that every section,
paragraph, sentence, clause, and phrase of this ordinance is severable. If
any section, paragraph, sentence, clause or phrase of this ordinance is for
any reason found to be invalid or unconstitutional, such invalidity, or
unconstitutionality shall not affect the validity or constitutionality of the
remaining sections, paragraphs, sentences, clauses, or phrases.
Section 5. Effective Date. This ordinance shall be in full force and effective 30 days
after its adoption, and shall be published and posted as required by law.
Section 6. Publication. The City Clerk is directed to cause this ordinance to be
published in the manner required by law.
Page 3 Ord. 914
This ordinance was introduced on November 28, 2017 and adopted by the Council of the City of
Rohnert Park on December 12, 2017, by the following roll call vote:
AYES: Five (5) Councilmembers Ahanotu, Belforte, Callinan, Stafford
and Mayor Mackenzie
NOES: None (0 )
ABSENT: None (0 )
ABSTAIN: None (0 )
CITY OF ROHNERT PARK
Jak
__eJlackenzie, Mayor
ATTEST:
oaat�j"
Caitlin Saldanha, Deputy City Clerk
APPROVED AS TO FORM:
Ile Marchetta Kenyon, City Attorney
Page 4 Ord. 914
Exhibit A to Ordinance
Chapter 8.30 - COMMERCIAL CANNABIS FACILITIES, CANNABIS DELIVERIES, AND CANNABIS
CULTIVATION
8.30.010— Purpose and Intent.
A. The purpose and intent of this chapter is to prohibit commercial cannabis activities and to
regulate private cannabis cultivation, as defined above, within the city limits to the fullest extent
allowed under law.
It is recognized that it is a federal violation under the Controlled Substances Act to possess or
distribute cannabis even if for medical purposes.
C. There is evidence that commercial cannabis activities, including cultivation, processing,
manufacturing, delivery, and sales, can affect the health, safety, and well-being of city residents
by increasing the risks of criminal activity, environmental degradation, malodorous odors, and
construction and electrical fire hazards.
(Ord. No. 896, § 4A, 2-9-2016; Ord. No. 914, § 3A, 12-12-2017)
8.30.020 - Definitions.
A. "Accessory structure" shall mean an "accessory building or use" as defined in Section 17.04.030
of this code.
"Cannabis" shall have the meaning set forth in Business and Professions Code section 26001(f)
and includes all parts of the plant Cannabis sativa Linnaeus, Cannabis indica, or Cannabis
ruderalis, 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" does not mean "industrial hemp" as
defined by Section 11018.5 of the Health and Safety Code.
C. "Commercial cannabis activity" has the meaning set forth in Business and Professions Code
section 26001(k), and includes the cultivation, possession, manufacture, processing, storing,
laboratory testing, labeling, transporting, distribution, or sale of cannabis or cannabis products
as provided under MAUCRSA.
D. "Commercial cannabis facility" means any building, facility, use, establishment, property, or
location where any person or entity establishes, commences, engages in, conducts, or carries
on, or permits another person or entity to establish, commence, engage in, conduct, or carry on,
any commercial cannabis activity that requires a state license or nonprofit license under
Business and Professions Code sections 26000 and following, including but not limited to
cannabis cultivation, cannabis distribution, cannabis transportation, cannabis storage,
manufacturing of cannabis products, cannabis processing, the sale of any cannabis or cannabis
products, and the operation of a cannabis microbusiness.
E. "Cultivation" means any activity involving the planting, growing, harvesting, drying, curing,
grading, or trimming of cannabis.
F. "MAUCRSA" means the Medicinal and Adult -Use Cannabis Regulation and Safety Act as codified
in Division 10 of the Business and Professions Code, as the same may be amended from time to
time.
G. "Outdoor" means any location within the city of Rohnert Park that is not within a fully enclosed
and secure structure.
H. "Private residence" shall mean a house, an apartment unit, a mobile home, or other similar
dwelling.
(Ord. No. 896, § 4A, 2-9-2016; Ord. No. 914, § 3A, 12-12-2017)
8.30.030 — Commercial cannabis facilities.
Commercial cannabis facilities are prohibited in all zones and districts in the city. No person or entity
may establish or operate a commercial cannabis facility within city limits. No property owner may allow
its property to be used by any person or entity as a commercial cannabis facility.
(Ord. No. 914, § 3A, 12-12-2017)
8.30.040 — Cannabis deliveries.
No state -licensed commercial cannabis facility may deliver or transport cannabis to any person or
property located in the city.
(Ord. No. 896, § 4A, 2-9-2016; Ord. No. 914, § 3A, 12-12-2017)
8.30.050 — Cannabis cultivation; regulations.
A. No person may cultivate cannabis at any location within the city, except that a person may
cultivate no more than six living cannabis plants inside a private residence. Such cultivation may
only occur in residences that are fully enclosed and secured against unauthorized entry.
B. All persons cultivating cannabis inside a private residence, shall comply with the following:
1. All planting, cultivation, harvesting, drying, and processing (or similar actions) of
cannabis plants, and the cannabis produced by the plants, shall be conducted entirely
inside a private residence.
2. Not more than six living cannabis plants may be planted, cultivated, harvested, dried, or
processed inside a private residence at one time.
3. The cannabis cultivation area shall not exceed 100 square feet in total area for all
cannabis plants being cultivated and shall not exceed 10 feet in height.
4. Cannabis cultivation is not permitted in a greenhouse that is on the property of the
private residence unless physically part of the private residence.
5. An accessory structures, as defined by this chapter, shall not be used for cannabis
cultivation under this section.
Page 2
6. The use of gas products (CO2, butane, etc.) for cannabis cultivation or processing is
prohibited.
7. Cannabis cultivation lighting shall not exceed 1,200 watts total.
8. No living cannabis plants shall be visible, and light, heat, or other environmental impacts
associated with personal cultivation shall be detectable, from a public place, right-of-
way, or neighboring property.
9. All private residences used for cannabis cultivation shall, at all times, comply with all
applicable provisions of Title 15 of this code and the California Building Standards Code,
as amended from time to time.
10. Not more potable water than is reasonably necessary to sustain six living cannabis
plants shall be utilized.
11. Cannabis cultivation shall not create any public nuisance condition, including but not
limited to those conditions set forth in Chapter 1.24 of this code.
(Ord. No. 914, § 3A, 12-12-2017)
8.30.060 - Enforcement.
The city may enforce this chapter in any manner permitted by law. Any violation of this chapter shall be
and is hereby declared to be a public nuisance and shall, at the discretion of the city, create a cause of
action for injunctive relief.
(Ord. No. 896, § 4A, 2-9-2016)
Page 3
AFFIDAVIT OF POSTING
Pursuant to California Government Code§36933 and§40806
STATE OF CALIFORNIA )
ss
County of Sonoma
I, JoAnne Buergler, City Clerk for the City of Rohnert Park, declare this is a true and correct
copy of Ordinance No. 914.
SUMMARY OF ORDINANCE NO 914 OF THE CITY OF ROHNERT PARK, CALIFORNIA,AMENDING
CHAPTER 8.30(COMMERCIAL CANNABIS FACILITIES, CANNABIS DELIVERIES AND CANNABIS
CULTIVATION) OF THE MUNICIPAL CODE
was published on December 1, 2017 and December 15, 2017, as required by law, and
posted in five (5) public places in said City, to:
www.rpcity.org for website posting
City Hall
130 Avram Avenue
Public Safety Main Station
500 City Center Drive
Rohnert Park Community Center
5401 Snyder Lane
Rohnert Park - Cotati Regional Library
6250 Lynne Conde Way
A certified copy of the full text Ordinance was posted at the City Clerk's office, 130 Avram
Avenue, Rohnert Park, California 94928 on November 29, 2017 and December 13, 2017.
C
Signed
Subs ibed and sworn i bef e m this day of
Caitlin Saldanha, Deputy City Clerk
CERTIFICATION OF PUBLICATION IN
"The Community VOICE"
(Published every FridaY)
in the
SUPERIOR COURT
of the
STATE OFCALIFORNIA
In and For the County of Sonoma
COTINTYOF SONOMA
CitY of Rohnert Park
Summary of Ordinance 914
STATE OF CALIFORNIA, The undersigned does hereby certify and declare: That at all times hereinafter swom, deposes
and says: That at all times hereinafter mentioned she was a citizen of the United States, over the age of eighteen years and a
resident of said county and was at all said times the principal clerk of the printer and publisher of The Community VOICE, a
newspaper of general ci¡culation, published in the City of Rohnert Park, in said County of Sonoma, State of California; that
The Community VOICE is and was at all times herein mentioned, a newspaper of general circulation as thât term is defined
by Section 600ó of the Govemment Code; its status as such newspaper of general circulation having been established by
Court Decree No. 35815 of the Superior Court of the State of Califomia, in and for the County of Sonoma, Department No. I
thereof; and as provided by said Section 6000, is published for the dissemination of local and telegraphic news and
intelligence of à general character, having a bona fide subscription list of paying subscribers, and is not devoted to the
interest, or published for the entertainment or instruction of a paficular class, profession, trade, calling, race or denomination,
or for the entertainment and instruction of such classes, professions, trades, callings, races or denominations; that at all said
times said newspaper has been established and published in the said City of Rohnert Park, in said County and State at regular
intervals for more than one year preceding the first publication of this notice herein mentioned; that said notice was set in type
not smaller than non-pareil and was preceded with words printed in black face type no smaller than non-pareil, describing and
expressing in general terms, the purport and character of the notice intended to be given; that the " City of Rohnert Park,
Sum-aty of Ordinance 914" of which the annexed is a printed copy, was published in said newspaper at least -1 consecutive
time(s), commencing on the I day of Decembet,2}lT and ending on the I day of Decembet,ZÙll.
I HEREBY CERTIFYAND DECLARE UNDER THE PENAUIY OF perjury that the foregoing is true and correct.
EXECUTED this I day of December, 2017 at Rohnert Park, Califomia
Signed
Claudia Smith
I
.12Et-
c
A
u
F
o
R
r
{
r
À
A
t
E
r
{
r
i
l
r
{
G
G
H
A
F
Í
E
R
E
3
0
(
C
O
i
l
i
l
E
R
C
T
A
L
C
A
I
{
Ì
{
A
B
¡
S
F
A
C
|
L
M
E
S
,
C
A
I
{
I
{
A
B
¡
S
Í
'
E
I
J
V
E
N
E
S
A
T
{
D
C
A
I
{
I
{
A
B
I
S
C
U
L
T
T
V
A
T
O
N
)
O
F
T
}
I
E
T
U
I
I
I
C
¡
P
A
I
C
O
I
'
E
P
u
r
s
u
a
n
t
t
o
G
o
v
e
r
n
m
e
n
t
C
o
d
e
S
e
c
t
i
o
n
3
6
9
3
3
o
f
O
r
d
i
n
a
n
c
e
N
o
.
9
1
4
i
n
t
r
o
d
u
c
e
d
b
y
(
c
)
,
t
h
e
t
h
e
f
o
l
l
o
w
i
n
g
c
o
n
s
t
i
t
u
t
e
s
a
R
o
h
n
e
r
f
P
a
r
k
C
i
t
y
C
o
u
n
c
i
l
N
o
v
e
m
b
e
r
2
8
,
2
0
1
7
,
a
n
d
s
c
h
e
d
u
l
e
d
f
o
r
c
o
n
s
i
d
e
r
a
t
i
o
n
o
f
a
d
o
p
t
i
o
n
o
n
D
e
-
i
n
t
h
e
C
i
t
y
C
o
u
n
c
i
l
C
h
a
m
b
e
r
s
,
'
1
3
0
o
f
O
r
d
i
n
a
n
c
e
N
o
9
1
4
i
s
t
o
a
m
e
n
d
C
h
a
p
t
e
r
8
.
3
0
t
o
a
m
e
n
d
t
h
e
M
u
-
c
o
n
s
i
s
t
e
n
t
w
i
t
h
r
e
c
e
n
t
S
t
a
t
e
r
e
g
u
l
a
t
i
o
n
s
o
à
o
U
)
o
o
F
o
o
Þ
o
Þ
o
o
(
)
t
à
.
?
o
^
c
v
!
'
r
d
A
å
A
:
-
H
È
c
ı
e
Ò
=
¿
Z
r
3
Ê
l
¿
l
ô
t
4
0
¡
i
c
r
!
ı
^
o
-
ô
â
;
z
o
[
¡
r
r
l
,
þ
.
2
H
e
(
J
n
>
t
q
Ê
.
t
,
0
¿
u
t
!
t
¡
l
l
(
x
-
r
!
-
¡
.
t
|
>
'
^
i
;
E
ç
E
*
o
E
Ë
o
å
x
E
;
:
Ë
E
å
E
:
ë
E
i
E
;
s
u
E
T
Ë
ç
e
'
ã
:
Ë
,
:
r
!
x
ı
E
ã
-
^
i
,
â
¿
s
'
Ë
t
ã
E
É
"
€
Þ
"
*
t
r
]
:
=
e
1
.
i
:
r
À
ı
.
s
s
F
E
o
e
å
E
å
Ë
Æ
g
E
E
:
Ë
Ë
Ë
Ë
Ë
å
g
e
s
Ë
E
g
E
É
Ë
á
d
c
,
l
o
9
ı
È
:
Ë
.
9
ç
E
c
Ë
c
F
E
Þ
ã
Ë
Ë
é
Ë
å
:
Ë
;
å
E
E
å
i
å
t
ä
å
Ë
å
å
Ë
i
Ë
:
ä
¡
ë
S
E
E
å
ã
Ë
å
È
r
Ë
Ë
å
n
-
E
å
€
r
ç
Ë
Ë
Ä
ä
å
E
3
Ë
Ë
Ë
r
Ë
Ä
+
Ë
Ë
F
e
-
:
É
.
i
'
¡
c
.
¡
-
ı
o
4
Ð
.
9
ç
q
È
F
E
Ë
Ë
.
q
5
Ë
:
#
E
E
å
:
E
å
Ë
t
Ë
d
ë
e
Ë
å
g
Ë
Ë
Ë
:
.
:
;
Ë
r
¡
E
E
Ë
.
ã
;
E
Ë
:
ä
Ë
Ë
E
å
E
E
A
Ë
€
i
å
Ë
r
3
Ë
€
?
Ë
ë
E
E
E
Ë
i
Ë
å
"
å
á
i
E
å
5
Ë
E
Ë
g
€
Ë
E
ç
É
Ë
î
€
E
ë
*
Ë
:
ä
Ë
Ë
Ë
Ë
;
*
ä
r
Ë
t
ì
ã
j
o
+
¿
.
r
ç
a
E
Ê
ã
Ë
ð
-
ı
!
ì
ı
E
^
ö
-
E
È
ı
E
E
¡
¡
i
.
=
Ê
9
.
Ë
.
å
ã
¡
å
;
å
Ë
ä
Ë
?
¡
E
E
ë
Ë
Ë
å
Ë
Ã
€
E
É
&
s
E
ã
Ê
;
f
3
s
=
á
È
i
;
€
Ë
1
;
ä
?
s
:
f
Ë
F
É
q
;
å
:
;
Ë
:
.
:
B
ã
È
E
ã
E
E
:
Ë
:
-
Z
Ë
E
:
Ë
s
E
E
€
Ë
ã
Ë
s
E
i
;
ã
g
=
E
F
â
:
€
;
E
:
Ë
*
g
"
Ë
¡
"
H
=
!
Ø
9
ç
.
8
-
.
=
o
-
c
:
Ë
-
.
E
o
J
:
:
ñ
=
s
e
'
E
X
'
-
-
ı
=
'
=
Ë
.
=
ç
Ê
3
Ë
f
"
e
E
E
Ë
Ë
E
¡
g
g
'
Ë
s
È
Ë
E
i
á
¿
Ë
*
F
=
r
g
Ë
i
î
â
ê
E
Ê
T
1
:
E
È
E
E
Ë
i
Ë
Ë
å
å
g
å
=
È
E
E
;
f
;
c
€
e
.
E
ı
Ø
.
E
o
E
ı
A
Ë
8
ã
È
:
E
E
E
E
E
E
E
E
.
ã
E
zzodïFì- ,1 o
E
H:ä ú 2þ
.
<
ioÈ 5 ?,
"
2
Êe>.F = o
E
o
;' r! \, É,-
z
d.år,u.=g
g
r!É;EúEfã''.Ã ã () -iâçUrIOY EH'=E orr;
>
z É-é, ú o€
F
0¡# F n
E
3
T;E 5 r:
8
)\rq- (h 'c^
ç
vtsH=EfLFúf!U
R
e
f
e
r
e
n
c
e
t
o
f
e
d
e
r
a
l
l
a
w
.
l
a
n
g
u
a
g
e
a
r
e
i
n
c
l
u
d
e
d
t
o
t
h
a
t
c
a
n
n
a
b
i
s
r
e
m
a
i
n
s
a
f
o
l
l
o
w
i
n
g
p
r
o
p
o
s
e
d
c
h
a
n
g
e
s
t
o
t
h
e
M
u
-
C
h
a
n
g
e
s
t
o
t
h
e
p
u
r
p
o
s
e
a
n
d
i
n
t
e
n
t
r
e
f
l
e
c
t
c
u
n
e
n
t
s
t
a
t
e
l
a
w
a
n
d
t
o
m
a
k
e
c
o
n
t
r
o
l
l
e
d
s
u
b
s
t
a
n
c
e
u
n
d
e
r
f
e
d
e
r
a
l
l
a
w
.
o
f
P
r
o
p
o
s
i
t
i
o
n
6
4
T
h
e
O
r
d
i
n
a
n
c
e
C
o
d
e
:
(
l
e
g
a
l
i
z
a
t
i
o
n
i
n
c
l
u
d
e
s
t
h
e
o
f
r
e
c
r
e
a
t
i
o
n
a
l
p
r
o
m
u
l
g
a
t
e
d
b
y
t
h
e
p
a
s
-
m
a
r
i
j
u
a
n
a
)
b
y
C
a
l
i
f
o
r
n
i
a
G
a
i
t
l
i
n
S
a
l
d
a
n
h
a
D
e
p
u
t
y
C
i
t
y
C
l
e
r
k
.
N
e
w
t
e
r
m
i
n
o
l
o
g
y
a
n
d
d
e
f
i
n
i
t
i
o
n
s
.
D
e
f
i
n
i
t
i
o
n
s
l
a
r
g
e
l
y
r
e
p
l
a
c
e
t
h
e
t
e
r
m
"
m
a
r
i
j
u
a
n
a
"
w
i
t
h
t
h
e
t
e
r
m
"
c
a
n
n
a
b
i
s
"
t
o
m
a
i
n
t
a
i
n
w
i
t
h
s
t
a
t
e
l
a
w
.
C
l
e
a
r
p
r
o
h
i
b
i
t
i
o
n
o
n
c
o
m
m
e
r
c
i
a
l
c
a
n
n
a
b
i
s
f
a
c
i
l
i
t
i
e
s
.
D
e
t
a
i
l
e
d
l
i
m
i
t
s
o
n
p
e
r
s
o
n
a
l
c
u
l
t
i
v
a
t
i
o
n
.
T
h
e
n
e
w
l
i
m
i
t
s
i
n
c
l
u
d
e
a
m
a
x
i
m
u
m
o
f
s
i
x
p
l
a
n
t
s
p
e
r
p
r
i
v
a
t
e
r
e
s
i
d
e
n
c
e
w
i
t
h
a
m
a
x
i
m
u
m
1
O
O
-
s
q
u
a
r
e
f
o
o
t
p
l
a
n
t
i
n
g
a
r
e
a
a
n
d
a
m
a
x
i
m
u
m
h
e
i
g
h
t
o
f
t
e
n
f
e
e
t
.
D
i
m
e
n
s
i
o
n
a
l
l
i
m
i
t
s
a
r
e
m
o
r
e
e
a
s
i
l
y
e
n
f
o
r
c
e
a
b
l
e
a
n
d
a
r
e
e
a
s
y
t
o
e
x
p
l
a
i
n
t
o
p
e
r
s
o
n
s
w
h
o
w
i
s
h
t
o
g
r
o
w
p
l
a
n
t
s
i
n
d
o
o
r
s
.
R
e
s
t
r
i
c
t
i
o
n
s
h
a
v
e
b
e
e
n
a
d
d
e
d
t
o
o
n
l
y
a
l
l
o
w
f
o
r
p
e
r
s
o
n
a
l
c
u
l
t
i
v
a
t
i
o
n
w
i
t
h
i
n
d
w
e
l
l
i
n
g
u
n
i
t
s
a
n
d
n
o
t
w
i
t
h
i
n
a
c
c
e
s
s
o
r
y
s
t
r
u
c
t
u
r
e
s
l
i
k
e
s
h
e
d
s
o
r
g
r
e
e
n
h
o
u
s
e
s
,
L
i
m
i
t
s
o
n
t
h
e
v
i
s
i
b
i
l
i
t
y
o
f
m
a
r
i
j
u
a
n
a
p
l
a
n
t
s
.
R
e
q
u
i
r
e
m
e
n
t
s
a
r
e
i
n
c
l
u
d
e
d
t
h
a
t
m
a
r
i
j
u
a
n
a
p
l
a
n
t
s
s
h
o
u
l
d
n
o
t
b
e
v
i
s
i
b
l
e
f
r
o
m
n
e
i
g
h
b
o
r
i
n
g
p
r
o
p
e
r
t
i
e
s
a
n
d
t
h
a
t
t
h
e
c
u
l
t
i
v
a
t
i
o
n
s
h
o
u
l
d
n
o
t
c
r
e
a
t
e
a
p
u
b
l
i
c
n
u
i
s
a
n
c
e
.
c
e
r
t
i
f
i
e
d
i
n
t
h
e
C
i
t
y
T
h
i
s
s
h
a
l
l
b
e
i
n
f
u
l
l
f
o
r
c
e
a
n
d
e
f
f
e
c
t
i
v
e
t
h
i
r
t
y
(
3
0
)
d
a
y
s
a
f
t
e
r
i
t
s
a
d
o
p
t
i
o
n
,
s
h
a
l
l
b
e
p
u
b
l
i
s
h
a
n
d
p
o
s
t
e
d
a
s
r
e
q
u
i
r
e
d
b
y
l
a
w
T
h
i
s
o
r
d
i
n
a
n
c
e
w
a
s
i
n
-
b
y
t
h
e
R
o
h
n
e
r
t
P
a
r
k
o
n
N
o
v
e
m
b
e
r
2
8
,
2
0
1
7
a
n
d
a
d
o
p
t
e
d
o
n
t
h
e
f
o
l
l
o
w
i
n
g
r
o
l
l
c
a
l
l
v
o
t
e
:
A
Y
E
S
:
F
i
v
e
(
5
)
G
o
u
n
c
i
l
m
e
m
b
e
r
s
A
h
a
n
o
t
u
,
B
e
l
f
o
r
t
e
,
C
a
l
l
i
n
a
n
,
S
t
a
f
i
o
r
d
a
n
d
M
a
y
o
r
M
a
c
k
e
n
z
i
e
N
O
E
S
:
N
o
n
e
(
0
)
A
B
S
E
N
T
:
N
o
n
e
(
0
)
A
B
S
T
A
I
N
:
N
o
n
e
(
0
)
I
I
o
O
C
o
u
n
c
i
l
o
f
t
h
e
C
i
g
o
f
D
e
c
e
m
b
ê
r
1
2
,
2
0
1
7
b
y
@
D
a
t
e
d
:
D
e
c
e
m
b
e
r
1
3
,
2
0
1
7
,
ç
P
u
b
:
D
e
c
e
m
b
e
r
1
5
,
2
0
1
7
T
h
e
C
o
m
m
u
n
¡
t
y
V
o
i
c
e
U
)
(
d
U