Ordinance 24-01ORDINANCE NO.24-01
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EASTVALE,
CALIFORNIA, AMENDING SECTION 120.04.150 (CANNABIS FACILITIES,
CULTIVATION, AND DELIVERIES) TO THE EASTVALE MUNICIPAL CODE
WHEREAS, Assembly Bill 1684 went into effect January 1, 2024, and made certain
amendments to the statute governing the City's ability to impose administrative fines or penalties
on the unlicensed cultivation, manufacturing, processing, distribution, or retail sale of cannabis.
WHEREAS, Eastvale Municipal Code ("EMC") § 120.04.150 explicitly prohibits most
commercial cannabis activity in the City, 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 for adult -use, and
the operation of a cannabis microbusiness.
WHEREAS, Assembly Bill 1684 limits the fines and penalties that cities may impose on
violators of a city's cannabis regulations at $1,000 per violation and $10,000 per day, but permits
cities to levy larger fines if authorized by another section of state law or after the city has given
the violator notice and reasonable time to correct the violation.
WHEREAS, Assembly Bill 1684 requires that any ordinance pursuant to Assembly Bill 1684
provide for a reasonable amount of time for a person to correct or remedy the violation before
any fines or penalties are imposed if (1) the rental property owner or agent can show the rental
or lease agreement prohibits the commercial cannabis activity (not just the cultivation activities
noted in current law); and (2) the rental property owner or agent did not know the tenant was
engaging in unlicensed commercial cannabis activity for which a license was required and no
complaint, property inspection, or other information alerted the rental property owner or agent
to the illegal commercial cannabis activity (not just the cultivation activities noted in current law).
WHEREAS, the City of Eastvale has been complying with the State law as amended, and
the purpose of this Ordinance is to amend the City's administrative fine structure for unlicensed
cannabis activity to be consistent with current State law requirements.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EASTVALE DOES ORDAIN AS
FOLLOWS:
SECTION 1. Amendment of Section 120.04.150. Paragraphs (e) and (f) of Section
120.04.150 (Cannabis facilities, cultivation, and deliveries) of the Eastvale Municipal Code are
amended to read as follows:
"(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
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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 ($1,000.00)
per violation. For the purposes of subsection (d), each cannabis plant present in violation of this
section is a separate violation. The property owner and each owner of the occupant business
entity engaging in commercial cannabis activity in violation of this section shall be jointly and
severally liable for all penalties and fines.
Each and every day a violation of this section exists shall constitute a separate and distinct
violation. Aggregate fines shall not exceed ten thousand dollars ($10,000.00) per day if
administrative fines are imposed immediately without prior issuance of a Notice of Violation.
If the City imposes fines immediately, the property owner or their agent shall have 5 days in which
to submit evidence to the City of the following: i) a tenant is in possession of the property, ii) the
rental or lease agreement with the tenant prohibits commercial cannabis activity, and iii) the
property owner or agent did not know the tenant was engaging in illegal commercial cannabis
activity and no complaint, property inspection, or other information alerted the rental property
owner or agent to the illegal commercial cannabis activity.
The City Manager or their designee must determine whether the evidence submitted by the
property owner or rental agent proves items i, ii, and iii above to be true. If the City Manager or
their designee so finds, the City will suspend the fines and provide the property owner or their
agent with 10 days to remedy the violations before fines are reinstated.
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.
(f) Civil penalties. Any violation of this section is declared to be a public nuisance per se and
contrary to the public interest and will at the discretion of the city, be subject to a cause of action
for injunctive relief. In addition to any other method of enforcement, the city attorney may bring
a civil action for injunctive relief and civil penalties against any person or entity that violates this
section. In any civil action brought pursuant to this section, a court of competent jurisdiction may
award reasonable attorneys' fees and costs to the prevailing party. The City may refer cases
involving unlicensed commercial cannabis activity to the Attorney General to undertake civil
enforcement action as authorized by the Government Code."
SECTION 2. Severability. If any chapter, 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 will 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 Chapter, 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.
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SECTION 3. Effective Date. This ordinance shall take effect thirty (30) days after its
passage by the City Council.
SECTION 4. City Clerk Action. 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 Chapter 36933(a)
or, to cause this Ordinance to be published in the manner required by law using the alternative
summary and pasting procedure authorized under Government Code Chapter 39633(c).
PASSED, APPROVED AND ORDAINED this 24`h day of January, 2024.
APPROVED AS TO FORM:
C'vo/'
Erica Vega
City Attorney
Christian Dinco
Mayor
ATTEST:
Marc A. Donohue, MIMIC
City Clerk/Communications Director
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STATE OF CALIFORNIA)
COUNTY OF RIVERSIDE) §
CITY OF EASTVALE )
I, Marc A. Donohue, City Clerk/Communications Director of the City of Eastvale, California, do
hereby certify that the foregoing Ordinance No. 24-01, was introduced at a regular meeting of
the City Council of the City of Eastvale held on the 10th day of January, 2024, and was passed by
the City Council of the City of Eastvale at a regular meeting held on the 24th day of January, 2024,
by the following vote:
AYES: Councilmembers Lorimore, Rigby, Yow, Mayor Pro Tern McMinn, and Mayor Dinco
NOES:
ABSENT:
ABSTAIN:
Marc A. Donohue, MMC
City Clerk/Communications Director
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