§ 34A-3. Definitions.
Except where the context otherwise requires, the following definitions shall govern the construction of this Chapter:
"Child Care Center" means any licensed child care center, daycare center, or childcare home, or any preschool.
"Church" means a structure or leased portion of a structure, which is used primarily for religious worship and related religious activities.
"Code Enforcement Officer" means any person employed by the County of Butte and appointed to the position of code enforcement officer.
"Commercial activity" means any enterprise or activity, whether or not for profit, concerning the cultivation, production, storage, processing, manufacture, dispensing, delivery, distribution, laboratory testing, labeling, transportation, provision, or sale of marijuana or marijuana products.
"Cultivation" means the planting and growing of one (1) or more marijuana plants or any part thereof in any location, indoor or outdoor, including from within a fully enclosed and secure building.
"Delivery" means the commercial transfer of marijuana or marijuana products to a customer twenty-one (21) years of age or older.
"Distribution" means the procurement, sale, and transport of marijuana and marijuana products between licensed entities. Distribution does not include such transactions if done directly to an individual end-user.
"Enforcing Officer" means the Code Enforcement Officer or his or her authorized deputies or designees, each of whom is independently authorized to enforce this Chapter.
"Fence" means a wall or a barrier connected by boards, masonry, rails, panels, wire or any other materials approved by the Department of Development Services for the purpose of enclosing space or separating parcels of land. The term "fence" does not include retaining walls.
"Harvest" means the drying, processing, or storage of marijuana which may only occur in a fully enclosed and secure building.
"Indoors" means within one (1) fully enclosed and secure detached structure that complies with the California Building Standards Code (Title 24 California Code of Regulations), as adopted by the County of Butte. The detached structure must be secure against unauthorized entry, accessible only through one (1) or more lockable doors and may be constructed of any approved building materials, including glass, as long as the marijuana being cultivated cannot be seen from any public right-of-way. Any detached, fully-enclosed and secure structure used for the cultivation of marijuana must have a ventilation and filtration system installed that shall prevent marijuana plant odors from exiting the interior of the structure. Such structure shall be located in the rear yard area of a legal parcel or premises, maintain the setbacks set forth in section 34A-8 and the area surrounding the structure or back yard must be enclosed by a solid fence at least six (6) feet in height. When this Chapter requires that cultivation of marijuana occur indoors, the harvest of such marijuana shall also be accomplished indoors.
"Legal parcel" means any parcel of real property that may be separately sold in compliance with the Subdivision Map Act (Division 2 (commencing with Section 66410) of Title 7 of the Government Code).
"Manufacture" means to compound, blend, extract, infuse, or otherwise make or prepare a marijuana product.
"Marijuana plant" means any mature or immature marijuana plant, or any marijuana seedling, unless otherwise specifically provided herein. A "mature" marijuana plant is one (1) whose sex can be determined by visual inspection.
"Medical marijuana collective" means qualified patients, persons with valid identification cards, and the designated primary caregivers of qualified patients who associate by agreement, or form a cooperative in accordance with Section 12300 of the Corporations Code within the unincorporated area of the County in order to collectively or cooperatively cultivate marijuana for medical purposes, as provided in Health and Safety Code Section 11362.775. The term collective shall include "cooperative" unless the context clearly indicates otherwise.
"Outdoors" means any location that is not "indoors" within a fully enclosed and secure structure as defined herein.
"Parcel" means a "legal parcel" as defined herein.
"Premises" means a single, legal parcel of property that includes an occupied legal residence that is a dwelling in compliance with Chapter 26 of the Butte County Code and has also met the requirements of Sections 34A-6 and 34A-7. Where contiguous legal parcels are under common control or ownership, such contiguous legal parcels shall be counted as a single "premises" for purposes of this Chapter.
"Primary caregiver" means a "primary caregiver" as defined in Health and Safety Code Section 11362.7(d).
"Qualified patient" means a "qualified patient" as defined in Health and Safety Code Section 11362.7(f).
"Recommendation" means a written current recommendation signed by a licensed California physician pursuant to Health and Safety Code sections 11362.5 and 11352.7.
"Retailer" means a person or business who obtains a state license for the retail sale and delivery of marijuana or marijuana products to customers.
"Residential treatment facility" means a facility providing for treatment of drug and alcohol dependency, including any "sober living facility" run by treatment providers for the benefit of transitional living.
"School" means an institution of learning for minors, whether public or private, offering a regular course of instruction required by the California Education Code, or any child or day care facility. This definition includes a nursery school, kindergarten, elementary school, middle or junior high school, senior high school, or any special institution of education, but it does not include a vocational or professional institution of higher education, including a community or junior college, college or university.
"School Bus Stop" means any location designated in accordance with California Code of Regulations, Title 13, section 1238, to receive school buses, as defined in California Vehicle Code section 233, or school pupil activity buses, as defined in Vehicle Code section 546.
"School Evacuation Site" means any location designated by formal action of the governing body, Superintendent, or principal of any school as a location to which juveniles are to be evacuated to, or are to assemble at, in the event of an emergency or other incident at the school.
"Testing Laboratory" means a facility, entity, or site that offers or performs tests [on] marijuana or marijuana products.
"Youth-oriented facility" means elementary school, middle school, junior high school, high school, public park, and any establishment that advertises in a manner that identifies the establishment as catering to or providing services primarily intended for minors, or the individuals who regularly patronize, congregate or assemble at the establishment are predominantly minors. This shall not include a day care or preschool facility.
(Ord. No. 4051, § 1, 2-26-13; Ord. No. 4073, § 2, 120-10-13; Ord. No. 4075, § 1, 2-11-14; Ord. No. 4107, 1-26-16 ; Ord. No. 4136 , § 3, 10-24-17)