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A. It is unlawful and a violation of this chapter for a person to sell, cultivate, process, manufacture, store, or transport marijuana or marijuana products if the person fails to meet all the requirements in this chapter, the city code, state law, including the Department’s rules.

B. It is unlawful to solicit, facilitate, or accept orders for delivery, or to deliver marijuana or marijuana products in the city; provided, that the prohibition in this section shall not apply when delivery is done by a nonprofit medical marijuana dispensary in compliance with the Department rules and requirements governing the Arizona Medical Marijuana Program.

C. Each day any violation of any provision of this chapter shall continue shall constitute a separate offense.

D. Except as otherwise provided in A.R.S. § 36-2853 or 36-2854 or as otherwise specifically provided for in this chapter, any violation of this chapter not specifically designated shall be a class 1 misdemeanor.

E. For purposes of this chapter, a violation of any provision of this chapter or city code shall mean any of the following:

1. Doing an act that is prohibited or made or declared unlawful, an offense or a misdemeanor, by ordinance or by rule or regulation authorized by ordinance.

2. Failure to perform an act that is required to be performed by ordinance or by rule or regulation authorized by ordinance.

3. Failure to perform an act if the failure is declared a misdemeanor or an offense or unlawful by ordinance or by rule or regulation authorized by ordinance.

4. In this section, a violation of the chapter or city code includes causing, allowing, permitting, aiding, abetting, suffering, or concealing a violation of this chapter or city code.

5. Officers of any corporation or partners of any firm or entity that are found to have committed a violation of this city code shall be individually subject to fine and/or imprisonment for the violation by the entity.

F. Violations of this chapter are in addition to any other violation enumerated within the city ordinances or the city code and in no way limits the penalties, actions, or abatement procedures which may be taken by the city for any violation of this chapter, which is also a violation of any other ordinance or code provision of the city or federal or state law. Conviction and punishment of judgment and civil sanction against any person under this chapter shall not relieve such person from the responsibility of correcting prohibited conditions, or removing prohibited structures or improvements, and shall not prevent the enforced correction or removal thereof.

G. The remedies provided in this chapter shall be cumulative and in addition to any other federal, state, or local remedy which may be available. Nothing contained herein shall be construed to preclude prosecution under any other applicable statute, ordinance, rule, order, or regulation. [Res. 21-05 § 1; Ord. 21-02 § 2.]