Section 1. That Article XII of Chapter 10 of the Palisade Municipal Code, concerning drugs and drug paraphernalia, is hereby amended to include the following additional Section: Sec. 10-247 Unlawful Cultivation of Marijuana on Residential Property. (a) Definitions. As used in this Section, unless the context otherwise requires: “Enclosed” means a permanent or semi-permanent area covered and surrounded on all sides. Temporary opening of windows or doors or temporary removal of wall or ceiling panels for a continuous period of less than seventy-two (72) hours does not convert the area into an unenclosed space.Advertisment
“Locked Area” means secured at all points of ingress or egress with a locking mechanism designed to limit access such as with a key or combination lock. “Medical Marijuana” means marijuana that is grown for a purpose authorized by Section 14 of Article XVIII of the Colorado Constitution. “Primary Residence” means the place that a person, by custom and practice, makes his or her principal domicile and address to which the person intends to return, following any temporary absence, such as a vacation. Residence is evidenced by actual daily physical presence, use and occupancy of the primary residence and the use of the residential address for domestic purposes, such as, but not limited to, slumber, preparation of or partaking in meals, vehicle and voter registration, or credit, water and utility billing. A person may only have one (1) primary residence. “Retail Marijuana” or “Recreational Marijuana” means marijuana as defined in Section 16(2)(f) of Article XVIII of the Colorado Constitution. “Secure Area” means an area within the primary residence or an area on the residence property accessible only to the person possessing, growing or processing the marijuana plants. Secured areas shall be locked or partitioned off to prevent access by children, visitors or anyone not authorized to possess marijuana. (b) Any person who knowingly cultivates medical marijuana or recreational marijuana for personal use in a manner contrary to the requirements of this Section commits a municipal offense and upon conviction thereof, shall be punished by a fine of up to three hundred dollars ($300.00) or by incarceration for up to ninety (90) days, or by both such fine and incarceration. (c) No more than twelve (12) medical or twelve (12) recreational marijuana plants for personal use shall be cultivated on a residential property in any zone district, including but not limited to the Low Density (LDR), Medium Density (MDR), High Density (HDR), Mixed Use (MU), Town Center (TC), Commercial Business (CB), Agricultural Forestry Transitional (AFT) and the Light Industrial (LI) Zone Districts. Cultivation of medical marijuana or recreational marijuana on or in a dwelling unit or property that is not a primary residence is prohibited. (d) The cultivation, production or possession of marijuana plants shall be limited to the following space limitations within a residential unit: (1) Within a single family dwelling unit (Group R-3 as defined by the International Building Code, as adopted in Chapter 22, Section 131); a defined, contiguous secure area not exceeding one hundred fifty square feet (150 sq. ft.) within the primary residence of the person cultivating the marijuana. (2) Within a multi-family dwelling unit (Group R-2 as defined by the International Building Code, as adopted in Chapter 22, Section 131); a, defined, contiguous secure area not exceeding one hundred square feet (100 sq. ft.) within the primary residence of the person cultivating the marijuana. (3) Marijuana plants shall not be grown in the common area of a multi-family residential structure and shall not be grown or processed in the common areas of a planned community or attached residential development. (e) The cultivation, growing or processing of marijuana plants may occur in enclosed accessory structures such as a shed, garage or greenhouse located on the primary residence property if such structure contains rigid walls and is a locked space to prevent access by children, visitors or intruders. (f) The possession, growing and processing of marijuana plants must not be observable from the exterior of the primary residence or accessory structure, including but not limited to: (1) Common visual observation. (2) Unusual odors, smells, fragrances, or other olfactory stimulus; and (3) Light pollution, glare or brightness that disturbs others. (g) In accordance with Section 9-7-113, C.R.S., the use of a compressed flammable gas as a solvent in the extraction of THC, CBD or other cannabinoids is strictly prohibited.
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Passed by Board of TrusteesTue, Dec 12th 2017