§ 18.60.030. Definitions.  


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  • For the purposes of this chapter, the following definitions shall apply:

    "Business entity means a corporation, unincorporated association, limited liability company, partnership, limited partnership, limited liability partnership, professional corporation, or similar organization.

    "Canopy area" means the straight-line width of the foliage of a particular marijuana plant as measured horizontally at the widest point. If the foliage of two or more plants overlaps, the measurement shall be made at the widest point from the outside edge of the plant at one end to the corresponding outside edge of the plant at the other end of the straight line.

    "City" means the City of Weed, California.

    "City administrator" means the city administrator of the city.

    "City clerk" means the city clerk of the city, or his or her designee.

    "City council" means the city council of the city.

    "Code" means the municipal code of the city.

    "Cultivation" means the planting, growing, harvesting, drying, processing, storage, or distribution of medical marijuana.

    "Legal parcel" means a parcel of real property that may be separately sold in compliance with the California "Subdivision Map Act."

    "Medical marijuana" means any plant(s) or part(s) thereof of the genus cannabis that has been recommended by an authorized person in accordance with California Health and Safety Code Section 11362.5 through Section 11362.83, inclusive, commonly known as the "Compassionate Use Act" and the "Medical Marijuana Program."

    "Medical recommendation" means a current recommendation from a person authorized by law that recommends to another specific person, in writing, the consumption or other use of medical marijuana for medicinal or therapeutic purposes, and the possession by the latter person of a current and otherwise valid medical marijuana identification card ("MMIC"), issued by the Siskiyou County Department of Health and photo identification of that person issued by the California Department of Motor Vehicles or other photo identification of that person issued by a state or federal governmental agency.

    "Outdoors" means any location within the city that is not fully enclosed and secure structure consisting of a roof and walls.

    "Person" means an individual adult human being.

    "Playground" means public facilities such as slides, swings, and climbing apparatus intended for use by young children.

    "Primary caregiver is a person defined by Health and Safety Code Section 11362.7(d), as interpreted by the courts of this state (see, for example, People v. Mentch (2008)) who has been designated as such, in writing by a qualified patient.

    "Property" means a single, legal parcel of land where a qualified patient or primary caregiver resides. If the property consists of contiguous parcels owned by the same person or business entity, it shall be considered to be a single parcel for purposes of this chapter.

    "Qualified patient is a person defined by Health and Safety Code Section 11362.7, who also possesses a medical recommendation, described hereinabove.

    "Residence" means the property on which a qualified caregiver may legally reside in compliance with all applicable laws, ordinances, and regulations, and who is doing so at the time he or she is engaged in medical marijuana cultivation. Such a residence may not be, or include, a school, preschool, or daycare facility.

    "School" means a qualified and legally operating institution of learning, whether public or private, offering a regular course of instruction to children at the kindergarten, elementary school, middle school, or high school levels. Residences in which home schooling, preschool, or daycare facilities exist are not included, nor are facilities providing instruction solely in religion, performing or visual arts, recreation, or other limited curriculum.

(Ord. No. 425-2015, § 1, 3-12-2015)