then there is this same source pay especial attention to the part near the end where it says folk are not to be arrested but served
1. Section 9.31.050 makes it a public nuisance to cultivate more than 25
marijuana plants on one legal parcel, regardless of whether the plants are
grown indoors or outdoors, or whether the person growing the plants is a
qualified patient or primary caregiver.
2. Section 9.31.070 states that the 25 plant per-parcel limitation applies
regardless of the number of qualified patients residing on the parcel. The
limitation also applies to marijuana cultivated or possessed by a primary
caregiver for multiple qualified patients.
3. Section 9.31.090 prohibits the cultivation of marijuana in any amount
within 1,000 feet of a youth oriented facility, school or park; any school
bus stop; or any church. The distance is measured from the boundary of
the parcel containing the marijuana to the boundary of the parcel
containing the designated facility.
4. Section 9.31.100 requires marijuana grown outside to be fully enclosed by
a fence at least six feet in height, with a lockable gate that is locked at all
times when the patient or caregiver is not in the immediate area.
B. Persons who violate Chapter 9.31 are not subject to arrest or criminal prosecution.
The County may abate a violation by pursuing civil prosecution or through the
uniform nuisance abatement procedures specified in Chapter 8.75 of the
Mendocino County Code. The enforcement process is as follows:
1. Complete a NOTICE AND ORDER TO ABATE.
2. Serve the Notice in the manner specified by MCC § 8.75.070:
2009-04-03-NO.1 April 3, 2009 Page 7 of 7
a. By certified mail, addressed to the owner, or his or her agent, at the
address shown on the last equalized assessment roll or as otherwise
known;
b. By certified mail addressed to anyone known to the deputy to be in
possession of the property at the street address of the property
being possessed; and
c. By posting such Notice and Order to Abate conspicuously in front
of the property on which, or in front of which, the nuisance exists,
or upon the portion of the property nearest to a street, highway, or
road, or most likely to give actual notice to the owner and any
person known by the deputy to be in possession of the property.
3. Complete a Sheriff’s Office incident report with a copy directed to the
Mendocino County Department of Planning & Building.
III. If you encounter a situation not covered in this directive, contact your supervisor.
THOMAS ALLMAN
SHERIFF-CORONER
Cc: File
MapDrive
