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members. Qualified patients or primary caregivers shall be City residents, or residents of Alameda County only. It is within the City’s discretion to limit the number of of members allowed
<br />per Dispensary. (4) With the exception of security guards, only qualified patients and caregivers shall be allowed inside of a Dispensary. (5) A Dispensary shall not profit from the
<br />sale or distribution of marijuana. Any monetary reimbursement that members provide to the Dispensary should only be an amount necessary to cover overhead costs and operating expenses.
<br />Retail sales of medical marijuana that violate California law or this ordinance are expressly prohibited. The sale or distribution of cigarettes, cigars, pipes, tobacco, lighters, shi
<br />sha, hookahs or any items unrelated to medical marijuana or the health and wellness of members is prohibited. (6) A Dispensary may only dispense, store, or transport marijuana in aggregate
<br />amounts tied to its membership numbers. A Dispensary may possess no more than eight (8) ounces of dried marijuana per qualified patient or caregiver, and maintain no more than six (6)
<br />mature and twelve (12) immature marijuana plants per qualified patient. However, However, if a qualified patient or primary caregiver has a doctor’s recommendation that the above quantity
<br />does not meet the qualified patient’s needs, the qualified patient or primary caregiver may possess an amount of marijuana consistent with the patient’s needs. For purposes of determining
<br />the quantity of marijuana, only the dried mature processed flowers of female cannabis plants or the plants conversion shall be considered. (7) A Dispensary may operate no later than
<br />7pm daily unless it is determined by the City that a later hour will not affect public health, safety, or welfare. A Dispensary is prohibited from operating between the hours that the
<br />City determines the Dispensary should close and 9 a.m. the next ensuing day unless further restricted by the City. (8) Dispensaries shall disclose the percentage level of delta-9 (trans)
<br />tetrahydracannabinol, cannabidiol, and cannabinol in medical cannabis to qualified patients before providing medical cannabis. (9) Dispensaries shall follow the directions of of the
<br />City Manager or his/her designee regarding any medical cannabis found to be non-compliant with testing standards. These instructions extend to any medical cannabis found to be unsafe
<br />on the basis of such testing results, or to the Dispensary’s operations and practices generally.
<br />7 (10) Representative samples of medical marijuana distributed by a collective or cooperative shall be analyzed by an independent laboratory to ensure it is free of harmful pesticides
<br />and other contaminants regulated by local, state or federal regulatory statutory standards. Any medical marijuana from which the representative sample tested positive for a harmful pesticide
<br />or other contaminant at a level that exceeds the local, state or federal regulatory or statutory standards shall be destroyed forthwith. (11) Any medical marijuana provided to collective
<br />members shall be properly labeled in strict compliance with state and local laws, regulations and policies. (12) Dispensaries shall not allow cannabis to be smoked, ingested or otherwise
<br />consumed on the premises. The term premises includes the actual building, as well as any accessory structures, parking areas, or other immediately surrounding areas. (13) Dispensaries
<br />shall not hold or maintain a license from the State Department of Alcoholic Beverage Control to sell alcoholic beverages, or operate a business that sells alcoholic beverages. Dispensaries
<br />shall not cook, heat, re-heat or warm food or drink products or operate as a restaurant, cafe or lounge serving food or drinks. There shall be no kitchen within a Dispensary. There shall
<br />be no seating area, tables, couches, or chairs for the gathering or congregating of patients or primary caregivers. Edible marijuana products must be prepared and pre-packaged for consumption
<br />outside of the premises. (14) A Dispensary shall post a copy of the Business License Certificate issued by the City’s Finance Department and a copy of the Cannabis Dispensary Permit
<br />issued by the City in a conspicuous place on the premises. (15) Dispensaries that offer edible marijuana products shall keep and display the edible marijuana products separate from non-edible
<br />marijuana products. Edible marijuana products must be clearly labeled pursuant to state or local law, rules or regulations. (16) Dispensaries that distribute edible medical marijuana
<br />products, including but not limited to drinks, infused water, cookies, candy or baked goods, shall distribute the edible products for the sole consumption by qualified patient members
<br />in compliance with all applicable state and local laws, including any requirements of the Department of Health. (17) All employees responsible for the handling, processing, dispensing,
<br />providing and cultivation of marijuana must be members of the Dispensary. Prior to employment, the employee members must be fingerprinted (through a Live Scan) for the purpose of conducting
<br />a background check. The purpose is to determine whether the employee has been convicted or plead guilty, plead or was granted entry into a diversion program in lieu of conviction for,
<br />or plead nolo contendre to the following criminal offenses, or their equivalent if arising out of state: i) Health and Safety Code Sections 11350 et al (pertaining to controlled substances,
<br />with the exception of marijuana related offenses) ii) Penal Code Section 187 ((homicide) iii) Penal Code Section 207 (kidnapping) iv) Penal Code Section 211 (robbery) v) Penal Code Sections
<br />240-248 (assault & battery) vi) Penal Code Section 261 (rape) vii) Penal Code Section 314 (indecent exposure)
<br />8 viii) Penal Code Section 450 (arson) ix) Penal Code Sections 458-464 (burglary) x) Penal Code Sections 470-483.5 (forgery) xi) Penal Code Sections 484-502.9 (larceny) xii) Penal Code
<br />Sections 503-515 (embezzlement) The employee applicant must contact the Chief of Police for information related to the processing and cost of the fingerprinting, and any costs must be
<br />paid for in advance by the employee applicant. The background check shall review the last five (5) years of the employee applicant’s criminal history. If the background investigation
<br />determines the employee has been convicted of one of the above offenses, the Dispensary shall no longer employ the member as an employee. (b) Recordkeeping The Dispensary shall maintain
<br />records of its members using only the State of California Medical Marijuana Identification Card number issued by the County or the County's designee, pursuant to California Health and
<br />Safety Code Section 11362.7 et seq., or a copy of the written doctor’s recommendation, as a protection for the confidentiality of the cardholders. The Dispensary shall track when members’
<br />medical marijuana recommendations and/or identification cards expire and enforce conditions of membership by excluding members whose identification cards or recommendations are invalid
<br />or expired. The Dispensary shall maintain member records in a manner to protect confidential information in the records if the records contain information protected by applicable law,
<br />including but not limited to the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and Public Law 104-191. A Dispensary shall exclude members who are caught diverting
<br />marijuana for non-medical use. All membership records shall be maintained on site. (1) A Dispensary shall, by using the patient or caregiver’s identification number, keep an accurate
<br />account of the number of members that visit the Dispensary each month, and also for the entire permit year. (2) Within thirty (30) days of the end of the calendar quarter, the Dispensary
<br />shall provide the City a listing of the medical marijuana products for sale during the previous calendar quarter, the prices of such products, and the end of quarter quantity on hand,
<br />listed in the applicable units, for each product. (3) The Dispensary shall keep accurate records, follow accepted cash handling practices and maintain a general ledger of cash transactions.
<br />The Dispensary shall maintain records of all members’ contribution of labor, resources or money to the Dispensary. (4) The Dispensary shall allow the City to access the books, records,
<br />accounts and all data relevant to its operations for purposes of conducting an audit or examination to determine compliance with the Municipal Code, Administrative Regulations, conditions
<br />of approval, and applicable laws. Books, records, accounts and all relevant data shall be produced no later than twenty-four (24) hours after receipt of the City’s request. (5) The Dispensary
<br />shall maintain a log of patient complaints and shall make the log available to the City upon request. The log shall contain at a minimum the date of the complaint, the complaining patient’s
<br />identification number or reference to his/her written recommendation, the nature of the complaint, and the action taken by the Dispensary to address the complaint.
<br />9 (c) Facilities (1) A Dispensary must be located at least one thousand feet (1000’) from a public or private school, public library, youth center (serving youth ages eighteen (18) and
<br />under), parks and recreation facilities, and another Dispensary and five hundred feet (500’) from a residential zone. (2) The Dispensary shall not permit any breach of peace inside of
<br />the Dispensary or any disturbance of public order or decorum by any tumultuous, riotous or disorderly conduct. (3) The City may impose Dispensary facility size and height conditions
<br />to preserve the public health, safety, and welfare of surrounding properties. (4) The Dispensary shall be designed with sufficient sound absorbing insulation so that the noise generated
<br />inside the Dispensary is not audible on the premises, beyond that of normal commercial offices, or public rights-of-way, or any other building or other separate unit within the same
<br />building as the Dispensary. (5) The Dispensary shall be designed to provide sufficient odor absorbing ventilation and exhaust systems so that any odor generated inside the Dispensary
<br />is not detected outside the building, on adjacent properties or public rights-of-way, or within any other unit located within the same building as the Dispensary, if the use only occupies
<br />a portion of a building. (6) The Dispensary shall provide litter removal services twice (2) each operating day on and in front of the premises and, if necessary, on public sidewalks
<br />within one hundred feet (100’) of the Dispensary. (d) Security (1) Security cameras shall be installed and maintained in good condition, and the camera and recording system must be of
<br />adequate quality, color rendition and resolution to allow the identification of an individual. The cameras shall be in use 24 hours a day, 7 days per week, and shall cover the marijuana
<br />dispensing areas, storage areas, all doors and windows to the Dispensary, parking areas and other areas as determined by the Chief of Police. The recordings shall be maintained at the
<br />Dispensary property property for a period of sixty (60) days. (2) The Dispensary shall be alarmed with a centrally-monitored fire and burglar alarm system, and monitored by an alarm
<br />company properly licensed by the State of California Department of Consumer Affairs Bureau of Security and Investigative Services in accordance with California Business & Professions
<br />Code § 7590 et seq. and whose agents are properly licensed and registered under applicable law. (3) During Business Hours, the Dispensary shall provide a minimum of three (3) security
<br />guards duly licensed by the State of California, Department of Consumer Affairs. Each security guard shall possess a “Security Guard Card” at all times, and shall not possess firearms
<br />or tasers. (4) Security guard duties shall include, but are not limited to, ensuring no person smokes any substance within twenty-five feet (25’) of any building entrance, exit, window
<br />and air intake vent.
<br />10 (5) The Dispensary shall direct its security guards to monitor the outside of the premises for loitering and unlawful sale of medical marijuana by members. Security guards shall be
<br />directed to report to the Dispensary all unlawful sales of medical marijuana by members. The Dispensary shall immediately cease providing medical cannabis to the reported member, and
<br />make a report within twenty-four (24) hours to the Chief of Police, and the Alameda County Health Department and/or the doctor that issued the medical marijuana recommendation for the
<br />member. The Dispensary shall keep a record of all incidents where members unlawfully provided marijuana to non-members. The Dispensary shall inform patients and primary caregivers about
<br />this condition and remind them that it is unlawful for them to sell medical cannabis to non-members. (6) Windows and roof hatches at the property shall be secured so as to prevent unauthorized
<br />entry and also equipped with latches that may be released quickly from the inside to allow exit in the event of an emergency. (7) The Dispensary shall maintain adequate exterior lighting
<br />in the parking areas to help provide safety for members and employees. (e) Signage (1) Exterior signage for a Dispensary shall be limited to one wall sign not to exceed ten (10) square
<br />feet in area, and one (1) identifying sign not to exceed two (2) square feet in area. Such signs shall not be directly illuminated. (2) The Dispensary shall, within sixty (60) days of
<br />the issuance of the Dispensary permit, post and thereafter maintain signs inside the Dispensary where they may be easily read by members. Each sign shall be white with black lettering,
<br />and shall comply with the following regulations regarding text, size and content: Sign 1: Font size at least 1 inch; Overall size at least 18” by 33” PATIENT NOTICE 1. YOU HAVE THE RIGHT
<br />TO HAVE YOUR PRODUCT REWEIGHED AND SUPPLEMENTED IF IT IS UNDER THE STATED WEIGHT AT THE TIME OF PURCHASE. 2. IF YOU DO NOT HAVE A VALID STATE OF CALIFORNIA IDENTIFICATION CARD ISSUED
<br />BY ALAMEDA COUNTY HEALTH DEPARTMENT, THIS DISPENSARY MUST CONFIRM YOUR MEDICAL NEED FOR MARIJUANA. IF YOU HAVE A VALID IDENTIFICATION CARD, YOU SHOULD NOT BE ASKED FOR ADDITIONAL INFORMATION,
<br />UNLESS OTHER HEALTHCARE SERVICES ARE BEING PROVIDED. Sign 2: Font size at least 1 inch; Overall size at least 18” by 33” TO REGISTER COMPLAINTS ABOUT THIS DISPENSARY PLEASE CONTACT _________
<br />Sign 3: Font size at least 1 inch; Overall size at least 23” by 32”
<br />11 THE DIVERSION OF MARIJUANA FOR NONMEDICAL PURPOSES IS A VIOLATION OF STATE LAW. Sign 4: Font size at least 1 inch THE USE OF MARIJUANA MY IMPAIR A PERSON’S ABILITY TO DRIVE A MOTOR
<br />VEHICLE OR OPERATE HEAVY MACHINERY. Sign 5: Font size at least 1 inch LOITERING AT THE LOCATION OF A MEDICAL CANNABIS DISPENSARY FOR AN ILLEGAL PURPOSE IS PROHIBITED BY CALIFORNIA PENAL
<br />CODE SECTION 647(h). Sign 6: Font size at least 1 inch THIS MEDICAL CANNABIS DISPENSARY HAS RECEIVED A PERMIT TO OPERATE FROM THE CITY OF SAN LEANDRO 4-33-600 – Seller’s Permit Requirement.
<br />The State Board of Equalization has determined that medical marijuana transactions are subject to sales tax, regardless of whether the individual or group makes a profit, and those engaging
<br />in transactions involving medical marijuana must obtain a Seller’s Permit from the State Board of Equalization. Such permit shall be conspicuously displayed at the Dispensary. Failure
<br />to maintain the Seller’s Permit is grounds for revocation of the Dispensary permit. 4-33-33-800 Revocation, Suspension and Appeals. Any decision by the City Manager of Chief of Police
<br />concerning a Dispensary shall be final and conclusive, and there shall be no right of appeal to the City Council. For suspensions or revocations of Dispensary permits, the City shall
<br />follow the procedures set forth in San Leandro Zoning Code section 5-2906, unless the suspension shall be effective immediately by order of the City Manager or his or her designee pursuant
<br />to section 4-33-900 of the Municipal Code. 4-33-900 -Prohibited operations; Nonconforming Use and Immediate Suspension of Permit. All dispensaries in violation of California Health and
<br />Safety Code Section 11326.7 et seq. and 11362.5, this Chapter, or any other applicable State law are expressly prohibited. It is unlawful for any Dispensary in the City, or any agent,
<br />employee or representative of such Dispensary to permit any breach of peace therein or any disturbance of public order or decorum by any tumultuous, riotous or disorderly conduct on
<br />the premises of the Dispensary, or to violate any State law, or this Chapter. Any person arrested for violation of law, or acts expressly prohibited herein while upon, inside, or within
<br />10 feet of the premises shall be just cause for immediate suspension of the Dispensary permit for a period of time determined by the City Manager or his or her designee. No use which
<br />purports to have distributed marijuana prior to the enactment of this Chapter shall be deemed to have been a legally established use under the provisions of the San Leandro Zoning Code,
<br />the San
<br />12 Leandro Municipal Code, or any other local ordinance, rule or regulation, and such use shall not be entitled to claim legal nonconforming status. 4-33-110 -Liability. To the fullest
<br />extent permitted by law, any actions taken by a public officer or employee under the provisions of this Chapter shall not become a personal liability of any public officer or employee
<br />of the city of San Leandro. Section II. Severability. This Chapter shall be enforced to the full extent of the authority of the City. If any section, subsection, paragraph, sentence
<br />or word of this chapter is deemed to be invalid or beyond the authority of the City, either on its face or as applied, the invalidity of such provision shall not affect the other sections,
<br />subsections, paragraphs, sentences, or words of this chapter, and the applications thereof; and to that end the sections, subsections, paragraphs, sentences and words of this chapter
<br />shall be deemed severable. Section III. EFFECTIVE DATE AND PUBLICATION. This ordinance shall take effect thirty (30) days after adoption. The City Clerk is directed to publish the title
<br />once and post a complete copy thereof on the City Council Chamber bulletin board for five (5) days prior to adoption. PASSED BY THE FOLLOWING VOTE: AYESNOESABSENTABSTENTIONAttest: ___________________
<br />____________ Marian Handa City Clerk City of San Leandro, California 1964161.1 1964161.2
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<br />n-Es t udil l o Ca na l Sa n Loren zo Cree k S a n F r a n c i s c o B a y L a k e C h a b o t E 14TH ST DAVIS ST MARINA BLVD BANCROFT AVE DOOLITTLE DR WASHINGTON AVE WILLIAMS ST FAIRWAY
<br />DR WICKS BLVD SAN LEANDRO BLVD MANOR BLVD DUTTON AVE LEWELLI NG BLVD DURANT AVE ESTUDILLO AVE MERCED ST FARGO AVE FARNSWORTH ST MACARTHUR BLVD HALCYON DR TEAGARDEN ST 150TH AVE GRAND
<br />AVE CALLAN AVE FARALLON DR LAKE CHABOT RD FLORESTA BLVD ALADDIN AVE FREMONT AVE FAIRMONT DR MONARCH BAY DR BENEDICT DR FARNSWORTH ST HESPERIAN BLVD ALVARADO ST ± 0 0.5 1 2Miles Eligible
<br />Medical Marijuana Dispensary Areas DRAFT © City of San Leandro. All rights reserved. Geographic Information Systems. November 2012 Eligible areas: Industrial and Commercial zones excluding
<br />criteria stated below Non-eligible areas: Residential zoning (not within 500') 500 ft buffer buffer from residential zoning
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<br />n-Es t udil l o Ca na l Sa n Loren zo Cree k S a n F r a n c i s c o B a y L a k e C h a b o t E 14TH ST DAVIS ST MARINA BLVD BANCROFT AVE DOOLITTLE DR WASHINGTON AVE WILLIAMS ST FAIRWAY
<br />DR WICKS BLVD SAN LEANDRO BLVD MANOR BLVD DUTTON AVE LEWELLI NG BLVD DURANT AVE ESTUDILLO AVE MERCED ST FARGO AVE FARNSWORTH ST MACARTHUR BLVD HALCYON DR TEAGARDEN ST 150TH AVE GRAND
<br />AVE CALLAN AVE FARALLON DR LAKE CHABOT RD FLORESTA BLVD ALADDIN AVE FREMONT AVE FAIRMONT DR MONARCH BAY DR BENEDICT DR FARNSWORTH ST HESPERIAN BLVD ALVARADO ST ± 0 0.5 1 2Miles Eligible
<br />Medical Marijuana Dispensary Areas DRAFT © City of San Leandro. All rights reserved. Geographic Information Systems. November 2012 Eligible areas: Industrial and Commercial zones excluding
<br />criteria stated below Facilities where 1,000' buffer applies: Private or public schools Public Libraries Youth Center (serving youth age eighteen and under) Parks and recreation facilities
<br />1,000 ft buffer from sensitive uses
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<br />n-Es t udil l o Ca na l Sa n Loren zo Cree k S a n F r a n c i s c o B a y L a k e C h a b o t E 14TH ST DAVIS ST MARINA BLVD BANCROFT AVE DOOLITTLE DR WASHINGTON AVE WILLIAMS ST FAIRWAY
<br />DR WICKS BLVD SAN LEANDRO BLVD MANOR BLVD DUTTON AVE LEWELLI NG BLVD DURANT AVE ESTUDILLO AVE MERCED ST FARGO AVE FARNSWORTH ST MACARTHUR BLVD HALCYON DR TEAGARDEN ST 150TH AVE GRAND
<br />AVE CALLAN AVE FARALLON DR LAKE CHABOT RD FLORESTA BLVD ALADDIN AVE FREMONT AVE FAIRMONT DR MONARCH BAY DR BENEDICT DR FARNSWORTH ST HESPERIAN BLVD ALVARADO ST ± 0 0.5 1 2Miles Eligible
<br />Medical Marijuana Dispensary Areas DRAFT © City of San Leandro. All rights reserved. Geographic Information Systems. November 2012 Eligible areas: Industrial and Commercial zones excluding
<br />criteria stated below Facilities where 1,000' buffer applies: Private or public schools Public Libraries Youth Center (serving youth age eighteen and under) Parks and recreation facilities
<br />Non-eligible areas: Residential zoning (not within 500') 1,000 ft buffer from sensitive uses and 500 ft buffer from residential zoning
<br />575 Market Street, Suite 2600 San Francisco, California 94105 tel (415) 421-3711 fax (415) 421-3767 www.meyersnave.com Richard D. Pio Roda Attorney at Law A PROFESSIONAL LAW CORPORATION
<br />OAKLAND LOS ANGELES SACRAMENTO SAN FRANCISCO SANTA ROSA FRESNO MEMORANDUM Via Committee member packet and Email DATE: November 7, 2012 TO: City Council Rules and Communications Committee
<br />Mayor Stephen Cassidy Councilmember Jim Prola Councilmember Diana Souza FROM: Richard D. Pio Roda, Assistant City Attorney COPY: Vice-Mayor Michael Gregory Councilmember Pauline Cutter
<br />Councilmember Tom Dlugosh Councilmember Ursula Reed Chris Zapata, City Manager Lianne Marshall, Assistant City Manager Sandra Spagnoli, Chief of Police Tom Liao, Acting Director of Community
<br />Development RE: Summary of People v. Jackson, D058988, Ct.of.Appeal, Fourth Appellate District, Division One (10.24.12) and Effect on DRAFT Medical Marijuana Dispensaries Ordinance For
<br />your information, please find a brief analysis of the recently published decision by the the California Fourth District Court of Appeal in People v. Jackson. Summary of Facts Prior to
<br />defendant appellant Jovan Jackson’s trial stemming from charges related to sale and possession of marijuana, the People filed a motion for an order preventing him from offering evidence
<br />he was entitled to the defense provided by the Medical Marijuana Program Act (MMPA), Health & Safety Code section 11362.7 et seq. to patients who associate for the
<br />To: Memo to Members, City Council Rules and Communications Committee From: Richard D. Pio Roda Re: Analysis of People v. Jackson and effect on City’s proposed ordinance Date: November
<br />7, 2012 Page: 2 A PROFESSIONAL LAW CORPORATION OAKLAND LOS ANGELES SACRAMENTO SAN FRANCISCO SANTA ROSA FRESNO purpose of collectively cultivating medical marijuana. At the hearing, Jackson
<br />testified that he and others were actively engaged in cultivating marijuana, and providing it to themselves, and the approximately 1,600 other members of their medical marijuana collective.
<br />Jackson testified each member was required to show proof marijuana had been prescribed to the member for treatment of a medical condition. Jackson further testified the collective did
<br />not generate any profits for either himself or the other active participants. The trial court found Jackson provided sufficient evidence members were qualified patients, and the collective
<br />was operated as a non-profit entity. However, the trial court found that because of the large number of members, Jackson could not establish the collective was operated for the purpose
<br />of collectively cultivating marijuana within the meaning of the MMPA as opposed to simply distributing marijuana. Thus, the trial court granted the People’s motion, and prevented Jackson
<br />from offering any defense under the MMPA. Jackson was convicted and sentenced to probation. The appellate court reversed Jackson’s conviction. The court held that Jackson is only required
<br />to produce evidence which would create a reasonable doubt as to whether the MMPA defense was established. The MMPA defense provides that a defendant show that members of a collective
<br />or cooperative are (1) qualified patients who have been prescribed marijuana for medicinal purposes; (2) collectively associate to cultivate marijuana; and (3) are not engaged in a for
<br />profit making enterprise. The MMPA does not require that all members actively participate in the cultivation process; their participation may be limited to financial support by way of
<br />marijuana purchases from the organization. Thus, a collective or cooperative’s large membership does not, as a matter of law, prevent a defendant from presenting the defense. Effect
<br />on City’s DRAFT medical marijuana dispensary ordinance While the appellate court held that just because a collective has a large number of members the members cannot present the MMPA
<br />defense, a trier of fact must still consider whether the organization operates as a for profit enterprise or is a non-profit enterprise operated for the benefit of its members. In resolving
<br />that question, an organization’s large membership and governance processes, if any, are relevant. The second draft of the City’s proposed ordinance, at section 4-33-500(a)(3) provides
<br />for a limitation on what types of persons may be members (City and Alameda County residents only), and that the City has the discretion to impose a condition that limits the number of
<br />members allowed per Dispensary. This provision would assist members to present the MMPA defense by demonstrating the limited size, and member restrictions resolve the question that a
<br />dispensary was being operated as a non-profit enterprise.
<br />To: Memo to Members, City Council Rules and Communications Committee From: Richard D. Pio Roda Re: Analysis of People v. Jackson and effect on City’s proposed ordinance Date: November
<br />7, 2012 Page: 3 A PROFESSIONAL LAW CORPORATION OAKLAND LOS ANGELES SACRAMENTO SAN FRANCISCO SANTA ROSA FRESNO The Jackson court also relied on the court’s holding in People v. Colvin
<br />(2012) 203 Cal.App.4th 1029. The court in Colvin, under similar facts and circumstances, recognized the defense. In Colvin, the court identified the operational standards that the collective
<br />used, which were in strict accordance with the California Attorney General’s 2008 Guidelines, met the MMPA defense. The City’s proposed ordinance and its various operational, recordkeeping,
<br />security, and signage requirements strictly adhere to the Attorney General’s 2008 Guidelines, such that the Committee, and City Council can be assured that an effective MMPA defense
<br />could be presented by a collective or cooperative awarded a City Dispensary permit (assuming assuming the Dispensary adheres to the ordinance). RDP:RDP 1971618.2
<br />SAN LEANDRO MUNICIPAL CODE ANIMAL CONTROL PROPOSED CHANGES November 2012 DESCRIPTION CURRENT PROPOSED Tethering animal in Right of Way Not regulated Prohibited Number of Pets allowed
<br />per household 2 dogs/no other limits 3 dogs/4 cats per household-Not to exceed 10 Animals per household Confinement regulations for properties with zero lot lines or adjacent properties
<br />Not regulated 900 sq. ft. area required per animal and must be contained to owners property. Cat Licensing Not regulated Voluntary Potentially Dangerous Dogs and related licensing stipulations
<br />Not regulated Stipulations and fee Dangerous Dog Allowed Prohibited Nuisance-Barking Dogs Anonymous complaints Petition required for prosecution-including 2 independent residential occupant
<br />signatures Feral Cat Not regulated for more than 4 feral catsunlawful to be fed on municipal property and public right
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