Public Hearing - Proposed Ordinance 302

CITY OF HANCOCK
COUNTY OF HOUGHTON, STATE OF MICHIGAN

ORDINANCE NO.___302______
ADOPTED: TBD
EFFECTIVE: TBD

MICHIGAN REGULATION AND TAXATION OF MARIHUANA ACT ORDINANCE

An ordinance to provide a title for the ordinance; to prohibit marihuana establishments; to provide penalties for violation of this ordinance; to provide for severability; and to provide effective dates.


PURSUANT TO THE CITY OF HANCOCK CHARTER SECTION 5.3
THE CITY OF HANCOCK
HEREBY ORDAINS:

PURPOSE

On November 6, 2018, voters approved the Michigan Regulation and Taxation of Marihuana Act, Ballot Proposal 1 of 2018 (hereinafter referred to as the “MRTMA”) which came into legal effect on December 6, 2018. The MRTMA automatically permits marihuana establishments as described therein in all Michigan municipalities unless municipalities “opt out” and prohibit said establishments. As a result, the City of Hancock (hereinafter referred to as the “City”) finds that the MRTMA, as approved, does not allow the City sufficient time to address the health, safety, property, and public peace interests of the community that may be affected by such establishments. The City requires time to evaluate the rules and regulations of the MRTMA and any rules promulgated by the State of Michigan Department of Licensing and Regulatory Affairs (pursuant to MRTMA, Sections 7 and 8) and allow public discussion before making a decision whether or not to allow marihuana establishments in the City. This ordinance does not, nor is in any way intended to, officially state any long-term position of the City on marihuana establishments. Rather, the necessity for public input on this issue and the City’s desire to review any effects of permitting marihuana establishments demonstrates the need to promulgate an ordinance to preserve the public, health, property, and public peace of the City.


SECTION I

TITLE

This ordinance shall be known as and may be cited as the City of Hancock Michigan Regulation and Taxation of Marihuana Act Ordinance.

SECTION II
GENERAL PROHIBITION OF MARIHUANA ESTABLISHMENTS

Pursuant to the MRTMA, Section 6.1, the City prohibits marihuana establishments within its geographic boundaries to the fullest extent allowed by law.

SECTION III

VIOLATIONS AND PENALTIES

1. Any person who disobeys, neglects or refuses to comply with any provision of this ordinance or who causes, allows or consents to any of the same shall be deemed to be responsible for the violation of this ordinance. A violation of this ordinance is deemed to be a nuisance per se.

2. Any person violating any of the provisions of this Ordinance shall be responsible for committing a Municipal Civil Infraction as described and authorized under Section 1301 of the City of Hancock Code of Ordinances.
This shall be in addition to the rights of the City to proceed at law or equity with other appropriate and proper remedies. Additionally, the violator shall pay costs which may include all expenses, direct and indirect, which the City incurs in connection with the municipal civil infraction.

3. Each day during which any violation continues shall be deemed a separate, subsequent offense.

4. In addition, the City may seek injunctive relief against persons alleged to be in violation of this ordinance, and such other relief as may be provided by law.

5. This ordinance shall be administered and enforced by the City Manager or by such other person (s) as designated by the City from time to time.

SECTION IV
SEVERABLITY

The provisions of this ordinance are hereby declared to be severable. If any clause, sentence, word, section or provision is hereafter declared void or unenforceable for any reason by a court of competent jurisdiction, it shall not affect the remainder of such ordinance which shall continue in full force and effect. The provisions herein shall be construed as not interfering or conflicting with anything otherwise allowed under the MRTMA, as adopted, the Michigan Marihuana Facilities Licensing Act, Act 281 of 2016, or the Michigan Medical Marihuana Act, Initiated law 1 of 2008.

SECTION V

EFFECTIVE DATE

This ordinance shall take effect thirty (30) days after adoption pursuant to the City of Hancock Charter, Section 5.3(c).



PUBLICATION AND ADOPTION DATE
This Ordinance was introduced by the City Council of the City of Hancock, Houghton County, Michigan on the 19th day of December, 2018.

This Ordinance was adopted by the City Council of the City of Hancock, Houghton County, Michigan on the ____ day of ___________, 2019.




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