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The following specific acts, omissions, places, and conditions are declared to be public nuisances per se, including, but not limited to, any one or more of the following:

A. Any cannabis garden.

B. Any dispensary.

C. Any collective garden located in any of the following use zones: A-1, R-S, R-S-1, R-1, R-1(A), R-2, R-2(A), R-3(L), R-3, R-4, R-5, UR, B-1, B-2, B-2(B), C-1, C-1R, UM, W-C, M-S, BMU, C-2, ULI, WRM, P, AQ, or OS.

D. Any collective garden on a parcel located within one thousand feet of any of the following use zones: R-S, R-S-1, R-1, R-1(A), R-2, R-2(A), R-3(L), R-3, R-4, or R-5.

E. Any collective garden on a parcel located within five hundred feet of another parcel containing a collective garden.

F. Any collective garden on a parcel which contains another collective garden or a cannabis garden.

G. Any collective garden that is not fully enclosed within a structure.

H. Any place where cannabis is visible to the public or is visible from property owned or leased by another person or entity. This includes smoking cannabis in a manner that it is visible from public property or from property owned or leased by another person or entity.

I. Any place that cannabis can be smelled from a public place or from a property owned or leased by another person or entity.

J. Any place bearing a sign or placard advertising cannabis for sale or delivery.

K. Any collective garden where a person under twenty-one is allowed to be present.

L. Any place, other than a private residence, where cannabis is smoked or ingested.

M. Any place where any violation of Chapter 69.50 RCW occurs and for which the affirmative defense created by Chapter 69.51A RCW would not apply.

N. Any place where any production, manufacture, processing, delivery, distribution, possession, or use of cannabis occurs for which there is not an affirmative defense under state law.

O. Any collective garden that does not comply with all other applicable regulations or code requirements. (Ord. 3617-18 § 4, 2018; Ord. 3309-12 § 3, 2012.)