ORDINANCE NO. 2024-04
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HESPERIA, CALIFORNIA, AMENDING TITLE 1 – GENERAL ENFORCEMENT PROCEDURES, TITLE 8 – PUBLIC NUISANCES, AND TITLE 16 – LAND USES OF THE HESPERIA MUNCIPAL CODE, RELATED TO ILLEGAL COMMERCIAL CANNABIS ACTIVITIES WHEREAS, in October 2023, California Governor Newsom signed Assembly Bill 1684 “AB 1684”; and WHEREAS, AB 1684 expands authorization for ordinances providing for immediate imposition of administrative fines or penalties to include all unlicensed commercial cannabis activity (including cultivation, manufacturing, processing, distribution, or retail sale of cannabis); and WHEREAS, AB 1684 authorizes ordinances to declare illegal commercial cannabis activity a public nuisance; and WHEREAS, AB 1684 authorizes ordinances to impose administrative fines or penalties on the property owner and each owner of occupant business entity engaging in unlicensed commercial cannabis activity; and WHEREAS, AB 1684 authorizes the City to refer a case involving unlicensed commercial cannabis activity to the Attorney General; and WHEREAS, Title 1 of the Hesperia Municipal Code contains regulations related to enforcement procedures; and WHEREAS, Title 8 of the Hesperia Municipal Code contains regulations related to public nuisances; and WHEREAS, Title 16 of the Hesperia Municipal Code contains regulations related to the prohibition of illegal commercial cannabis activities; and WHEREAS, modifications to these sections of the Hesperia Municipal Code are necessary to declare all illegal commercial cannabis activity a public nuisance, and to more specifically define “responsible person” in relation to illegal commercial cannabis activity in order to align with Assembly Bill 1684; and WHEREAS, all legal prerequisites to the adoption of this Ordinance have occurred.
NOW THEREFORE, THE HESPERIA CITY COUNCIL DOES ORDAIN AS FOLLOWS:
Section 1. All of the facts set forth in the forgoing recitals are true, correct and are adopted as findings.
Section 2. Title 1, Chapter 1.04 of the Hesperia Municipal Code is hereby amended as set forth in Exhibit “A”, attached hereto.
Section 3. Title 8, Chapter 8.32 of the Hesperia Municipal Code is hereby amended as set forth in Exhibit “B”, attached hereto.
Section 4. Title 16, Article XIV of the Hesperia Municipal Code is hereby amended as set forth in Exhibit “C”, attached hereto.
Section 5. This Ordinance shall take effect on May 16th, 2024.
Section 6. The City Council of the City of Hesperia hereby declares that should any provision, section, paragraph, sentence, or word of this Ordinance hereby adopted be rendered or declared invalid by any final court action in a court of competent jurisdiction, or by any reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences, and words shall remain in full force and effect.
Section 7. The City Clerk shall certify to the adoption of the Ordinance and shall cause the same to be posted in three (3) public places within the City of Hesperia pursuant to the provisions of Resolution 93-78.
ADOPTED AND APPROVED this 16th day of April, 2024
Larry Bird, Mayor
ATTEST
Erin Baum
Assistant City Clerk
Ordinance No. 2024-04
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