Recreational Marijuana Ordinance

BANKS TOWNSHIP
ORDINANCE PROHIBITING MARIHUANA ESTABLISHMENTS
WITHIN THE TOWNSHIP

Ordinance No. 1 of 2019

AN ORDINANCE PURSUANT TO THE MICHIGAN REGULATION AND TAXATION OF MARIHUANA ACT, 2018 INITIATED LAW 1, § 6.1, MCL 333.27956, SUBSECTION 1, TO PROHIBIT MARIHUANA ESTABLISHMENTS WITHIN THE BOUNDARIES OF BANKS TOWNSHIP AND TO PROVIDE PENALTIES FOR VIOLATIONS THEREOF

BANKS TOWNSHIP HEREBY ORDAINS:

Section 1.    Marihuana Establishments Prohibited.

Pursuant to the authority granted under Section 6.1 of the Michigan Regulation and Taxation of Marihuana Act, 2018 Initiated Law 1, § 6.1, MCL 333.27956, Subsection 1, Banks Township hereby completely prohibits any marihuana establishment, as that term is defined in Section 3(h) of the Michigan Regulation and Taxation of Marihuana Act, 2018 Initiated Law 1, § 3(h), MCL 333.27953(h), within its boundaries.

Section 2.    Violation; Penalty.

Any person who violates any provision of this Ordinance shall be responsible for a municipal civil infraction as defined in Public Act 12 of 1994, amending Public Act 236 of 1961, being Sections 600.101-600.9939 of Michigan Compiled Laws, and shall be subject to a fine of not more than Five Hundred and 00/100 ($500.00) Dollars.  Each day this Ordinance is violated shall be considered as a separate violation.

Section 3.    Enforcement Officials.

The Township Supervisor and any other person appointed by the Township Board are hereby designated as the authorized officials to issue municipal civil infraction citations directing alleged violators of this Ordinance to appear in court.

Section 4.    Nuisance Per Se.

A violation of this Ordinance is hereby declared to be a nuisance per se and is declared to be offensive to the public health, safety and welfare.

Section 5.    Separate Court Action.

In addition to enforcing this Ordinance through the use of a municipal civil infraction proceeding, the Township may initiate proceedings in the Circuit Court to abate or eliminate the nuisance per se or any other violation of this Ordinance.

Section 6.    Validity.

If any section, provision or clause of this Ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not effect any remaining portions or application of this Ordinance which can be given effect without the invalid portion or application.

Section 7.    Effective Date.

This Ordinance shall become effective thirty (30) days after being published in a newspaper of general circulation within the Township.

Ordinance No. 1 of 2019 was adopted on the 21st day of January 2019, by the Banks Township Board as follows:

Motion by:   Mann,
Seconded by: Cooper,
Yeas:          Rasmussen, Heeres, Mann, Cooper, Postmus
Nays:          None
Absent:        None

____________________________                                                                     

Donna L. Heeres, Clerk                                    Thomas Mann, Supervisor

I certify that this is a true copy of Ordinance No. 1 of 2019 that was adopted at a regular meeting of the Banks Township Board on Monday, January 21, 2019 and published in the Antrim Review on February 7, 2019.    Effective Date March 9, 2019.

                                                                        _____________________________

Dated: January 21, 2019                                  Donna L. Heeres, Clerk