§ 10-3.605. Public Nuisance.

It is hereby declared to be unlawful for any person owning, leasing, occupying, or having charge or possession of any parcel within the City of Modesto to create a public nuisance in the course of cultivating cannabis. A public nuisance may be deemed to exist if such activity produces:

(a)

Odors which are disturbing to people of normal sensitivity residing or present on adjacent or nearby property and/or areas open to the public;

(b)

Repeated responses (more than three (3) times in a one (1) year time period from the date of the initial violation) to the parcel from law enforcement or code enforcement officers;

(c)

Repeated disruption (more than three (3) times in a one (1) year time period from the date of the initial violation) to the free passage of persons or vehicles in the neighborhood;

(d)

Excessive noise in violation of applicable City noise standards in the general plan or municipal code;

(e)

Any other impacts on the neighborhood which are disruptive of normal activity in the area.

(Ord. No. 3683-C.S., § 3, effective January 16, 2018)