TITLE
Recommendation to declare ordinance amending the Long Beach Municipal Code by adding section 5.90.290 related to local enforcement and penalties for illegal marijuana businesses, read and adopted as read. (Citywide)
DISCUSSION
Pursuant to your request on May 2, 2017, this ordinance amending Chapter 590 of the Long Beach Municipal Code ("LBMC") by adding Section 5.90.0290, Local Enforcement and Penalties for Illegal Marijuana Businesses, has been prepared and is submitted for your consideration.
Several cities in California have enacted ordinances authorizing enforcement actions for illegal marijuana operations, such as civil lawsuits for injunctive relief and civil penalties, disconnection of utilities, and criminal penalties. Per your direction, we have included similar provisions in the proposed ordinance, as well as additional enforcement tools, not only to penalize and gain compliance from illegal marijuana establishments and property owners, but also to deter such operations in the first place.
Requests for Injunctive Relief and Civil Penalties
The City, by and through the City Attorney, may file a civil lawsuit to abate a nuisance, or violations of the LBMC. Chapter 5.90 of the LBMC declares a non-licensed marijuana business to be a public nuisance, as well as deems it to be a nuisance per se when property owners allow said public nuisances upon their property.
The proposed ordinance permits the City Attorney to file such lawsuits seeking injunctive relief without requiring further authorization from the City Council. The ordinance would permit a court, in its discretion, to issue a maximum civil penalty of $5,000 per violation for each day a non-licensed marijuana business is in operation. The objective is to ultimately shut down an illegal marijuana operation via court order so that any re-establishment of said operation would potentially be deemed civil contempt.
Disconnection of Utilities
Most cities allow disconnection of utilities...
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