Ordinance 20-06AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EASTVALE, CALIFORNIA,
RECLASSIFYING VIOLATIONS OF SECTION 120.04.156 (CANNABIS FACILITIES,
CULTIVATION, AND DELIVERIES) OF THE EASTVALE MUNICIPAL CODE FROM
INFRACTION TO MISDEMEANOR AND ESTABLISHING ADMINISTRATIVE FINES
FOR SUCH VIOLATIONS
WHEREAS, the City of Eastvale prohibits all commercial cannabis facilities citywide, and
permits the cultivation of cannabis for personal use as required by State law, with the maximum
amount of six living cannabis plants permitted to be cultivated at each residence.
WHEREAS, illegal commercial cannabis cultivation facilities operating within the City has
been a persistent issue for the City, especially in residential homes.
WHEREAS, illegal cannabis cultivation presents serious public health and safety issues and
can cause the City to incur substantial costs to remedy.
WHEREAS, the City of Eastvale desires to reclassify violations of its commercial cannabis
prohibition and limitations on the number of plants that may be cultivated for personal use from
infractions to misdemeanors and establish that each cannabis plant present in violation of the
City's regulations is an independent violation of the Code.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF tASTVALE DOES ORDAIN AS
FOLLOWS.
SECTION 1. Section 120.04.150, paragraph (e) of the Eastvale Municipal Code is amended
to read as follows, with new text shown in underline and deleted text shown in strikethrough:
Sec. 120.04.150. - Cannabis facilities, cultivation, and deliveries.
(e) Violation. Violation of any provision of this section is a misdemeanor subject to enforcement
remedies and penalties, including but not limited to those as set forth in Eastvale Municipal
Code Chapter 1.01. Any enforcement officer may issue an administrative citation and fine for a
violation of this section without prior issuance of a Notice of Violation, as provided in Section
8.17.040 of this code, and the administrative fine shall be up to one thousand dollars ($1,000)
per cannabis plant present in violation of this section. Each and every day a violation of this
section exists shall constitute a separate and distinct violation. The remedies and penalties
provided herein are cumulative, alternative and nonexclusive. The use of one does not prevent
the use of any other criminal, civil, or administrative remedy or penalty authorized by law."
SECTION 2. If any section, subsection, subdivision, sentence, clause, phrase, or portion of
this Ordinance is, for any reason, held to be invalid or unconstitutional by the decision of any
court of competent jurisdiction, such decision shall not affect the validity of the remaining
portions of this Ordinance. The City Council hereby declares that it would have adopted this
Ordinance, and each section, subsection, subdivision, sentence, clause, phrase, or portion
thereof, irrespective of the fact that any one or more sections, subsections, subdivisions,
sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional.
SECTION 3. This Ordinance shall take effect thirty (30) days from its passage by the City
Council.
SECTION 4. The City Clerk is authorized and directed to cause this Ordinance to be
published within fifteen (15) days after its passage in a newspaper of general circulation and
circulated within the City in accordance with Government Code Section 36933(a) or, to cause this
Ordinance to be published in the manner required by law using the alternative summary and
posting procedure authorized under Government Code Section 36933(c).
PASSED, APPROVED AND ORDAINED this 26th day of August, 2020.
Erica Vega
City Attorney
Brandon Plott
Mayor
ATTEST:
Marc A. Donohue, MMC
City Clerk/Communications Director
STATE OF CALIFORNIA}
COUNTY OF RIVERSIDE} §
CITY OF EASTVALE }
I, Mare A. Donohue, City Clerk/Communications Director of the City of Eastvale, California, do
hereby certify that the foregoing Ordinance No. 20-06, was introduced at a regular meeting of
the City Council of the City of Eastvale held on the 22nd day of July, 2020, and was passed by the
City Council of the City of Eastvale at a regular meeting held on the 26th day of August, 2020, by
the following vote:
AYES: Cuncilmembers Lorimore, Rigby, Mayor Pro Tem Yow, and Mayor Plott
NOES:
ABSENT:
ABSTAIN:
Marc A. Donohue, MMC
City Clerk/Communications Director