§ 34C-3. Definitions.

Except where the context otherwise requires, the following definitions shall govern the construction of this Chapter:

(a)

"Accessory structure" means a fully enclosed structure that is located on the grounds of a "private residence," and is detached from the "private residence," as that term is defined herein.

(b)

"Child Care Center" means any licensed child care center, daycare center, or childcare home, or any preschool.

(c)

"Church" means a structure or leased portion of a structure, which is used primarily for religious worship and related religious activities.

(d)

"Code Enforcement Officer" means any person employed by the County of Butte and appointed to the position of code enforcement officer.

(e)

"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.

(f)

"Cultivation" means any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of marijuana.

(g)

"Delivery" means the commercial transfer of marijuana or marijuana products to a customer twenty-one (21) years of age or older.

(h)

"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.

(i)

"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.

(j)

"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.

(k)

"Indoors" means entirely within a "private residence" or "accessory structure" as defined herein.

(l)

"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).

(m)

"Manufacture" means to compound, blend, extract, infuse, or otherwise make or prepare a marijuana product.

(n)

"Marijuana" has the same meaning as in Section 11018 of the California Health & Safety Code.

(o)

"Outdoors" means any location that is not "indoors" as defined herein.

(p)

"Parcel" means a "legal parcel" as defined herein.

(q)

"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 34C-6 and 34C-7.

(r)

"Private residence" means a house, apartment unit, mobile home, or other similar dwelling.

(s)

"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.

(t)

"Retailer" means a person or business who obtains a state license for the retail sale and delivery of marijuana or marijuana products to customers.

(u)

"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.

(v)

"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.

(w)

"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.

(x)

"Testing Laboratory" means a facility, entity, or site that offers or performs tests [on] marijuana or marijuana products.

(y)

"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. 4124, § 1, 3-14-17; Ord. No. 4137 , § 2, 10-24-17)