ORDINANCE NO. _______
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CAMARILLO, CALIFORNIA, ADDING CHAPTER 19.57 (PROHIBITION
OF HEMP CULTIVATION) TO THE CAMARILLO MUNICIPAL CODE
THE CITY COUNCIL OF THE CITY OF CAMARILLO ORDAINS AS FOLLOWS:
SECTION 1. General Findings. The City Council finds as follows:
A.
On November 15, 2017, the City adopted Ordinance No. 1146, which set
forth the City’s regulations pertaining to cannabis facilities, cultivation, and deliveries.
B.
Ordinance No. 1146 adopted the State law definition of cannabis, which
excluded “industrial hemp”, and therefore, the City’s cannabis-related regulations did
not apply to industrial hemp.
C.
Nevertheless, Camarillo Municipal Code section 9.12.020.H.1 prohibited
the use of land, buildings, or structures related to the unlawful possession or use of
controlled substances, which was defined as “any substance that is declared or defined
by state or federal law to be a controlled substance.”
D.
When Ordinance No. 1146 was adopted, industrial hemp remained a
federally controlled substance, and uses involving industrial hemp were not permitted
within the City because such uses were considered a public nuisance, and therefore,
unlawful.
E.
However, since the adoption of
acknowledged by the California Department of
government no longer considers industrial hemp
substance, and industrial hemp may be grown by
agricultural research institutions.

Ordinance No. 1146, and as
Food and Agriculture, the federal
as a federally regulated controlled
registered growers and established

F.
Local jurisdictions have identified the potential harmful effects of
cultivating industrial hemp, and have identified potential issues associated with
industrial hemp-related uses such as odor nuisance, pest and insect infestations, and
other public safety concerns.
1.
The County of San Luis Obispo has identified odor nuisance, pest
and insect infestations, and other public safety concerns. As a result, on June 10, 2019,
the County of San Luis Obispo declared a temporary moratorium on industrial hemp
cultivation until it can adequately study and develop regulations that address the health
and safety concerns presented by the cultivation of industrial hemp.
2.
Similarly, the City of Thousand Oaks declared its own temporary
moratorium on industrial hemp-related activities, on September 24, 2019.
3.
The County of Monterey has found that industrial hemp and
cannabis are derivatives of the same plant, and that the appearance and odor of the two
plants can be indistinguishable.
G.
The City has also received reports of negative impacts associated with the
cultivation of hemp, including the creation of noxious odors that are commonly

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 described as the smell of “dead skunk” that may permeate clothing, buildings, and
vehicles, and can travel great distances.
H.
In addition, there has been substantial recent criminal activity in the City of
Camarillo and in the unincorporated Ventura County area adjacent to the City of
Camarillo relating to hemp cultivation including numerous incidents of theft of hemp
from the cultivation fields and many hemp thefts by suspects residing outside of Ventura
County.
I.
The City wishes to adopt regulations that will address the negative
impacts associated with the cultivation of hemp as permitted under the City’s inherent
police powers, which gives the City authority to adopt local land use and zoning laws,
and declare certain uses as public nuisances. Specifically, the proposed Chapter 19.57
will prohibit the cultivation of hemp within the City, and declare such hemp cultivation
activities as public nuisances.
J.
On December 17, 2019, the Planning Commission conducted a duly
noticed public hearing to consider the proposed addition of Chapter 19.57 to the CMC
and voted to recommend to the City Council that they adopt the proposed ordinance.
K.
On ________, 20__, the City Council conducted a duly noticed public
hearing to consider the proposed addition of Chapter 19.57 to the CMC.
L.
After reviewing the evidence presented, the City Council finds that the
proposed ordinance is consistent with the City’s General Plan.
SECTION 2. Environmental Review.
The City Council exercises its
independent judgment and finds that this ordinance is not subject to the California
Environmental Quality Act (CEQA) pursuant to the CEQA Guidelines, California Code of
Regulations, Title 14, Chapter 3, sections: 15060(c)(2) (the activity will not result in a
direct or reasonably foreseeable indirect physical change in the environment);
15060(c)(3) (the activity is not a project as defined in Section 15378); 15061(b)(3),
because the activity is covered by the general rule that CEQA applies only to projects
which have the potential for causing a significant effect on the environment; and 15321
(exempting regulatory actions related to the enforcement of law). The proposed
ordinance will maintain the existing land use preferences of the City and will adopt
enforceable regulations related to hemp. Because there is no possibility that this
ordinance may have a significant adverse effect on the environment, the adoption of this
ordinance is exempt from CEQA.
SECTION 3. Amendment to Title 19 of the Camarillo Municipal Code. Title
19 of the Camarillo Municipal Code is amended to add Chapter 19.57 (Prohibition of
Hemp Cultivation), as follows:
“Chapter 19.57 – PROHIBITION OF HEMP CULTIVATION 19.57.010 - Definitions.
“Cultivation” means any activity involving the planting, growing, harvesting,
drying, curing, grading, trimming, processing, or manufacturing of industrial hemp.
“Industrial hemp” includes the definition as set forth in Health and Safety Code
section 11018.5(a).

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 19.57.020 - Prohibition on industrial hemp cultivation within the City.
Industrial hemp cultivation is prohibited in all zones within the City. No person nor
entity may establish or operate an industrial hemp cultivation facility within city limits. A
property owner may not allow its property to be used by any person or entity for
industrial hemp cultivation.
19.57.030 - Violation - Separate offense.
Any person who violates any provision of this chapter is guilty of a separate
offense for each and every day during any portion of which any such person commits,
continues, permits, or causes a violation thereof, and may be penalized accordingly.
19.57.040 - Penalties.
Violation of any provision of this chapter is subject to penalties as set forth in
Municipal Code Chapter 1.12.
19.57.050 - Public nuisance.
In addition to the penalties set forth above, any violation of this chapter 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 or any other
available remedy under the law.
19.57.060 - Effective Date.
This prohibition on industrial hemp cultivation applies to industrial hemp planted
after the effective date of this chapter. Industrial hemp crops that were legally planted
before the effective date of this chapter may be harvested, but no further industrial
hemp cultivation is permitted after such harvest.”
SECTION 4. Severability. If any section, 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 section,
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.
SECTION 5. Publication. The City Clerk is directed to certify the adoption of
this ordinance and cause it to be published in the manner required by law.

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 PASSED AND APPROVED THIS ______ DAY OF _______________, 20__.

__________________________
Mayor
ATTEST:

____________________________
Jeffrie Madland, City Clerk

APPROVED AS TO FORM

____________________________
Brian A. Pierik, City Attorney

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