Shiawassee County, Michigan
ORDINANCE NO. 2019-2
ADOPTED: June 5, 2019
PROHIBITION OF RECREATIONAL MARIHUANA ESTABLISHMENTS ORDINANCE
An ordinance to provide a title for the ordinance; to define words; to prohibit marihuana establishments within the boundaries of Perry Township pursuant to Initiated Law 1 of 2018, MCL 333.27951, et seq., as may be amended; to provide penalties for violation of this ordinance; to provide for severability; to repeal all ordinances or parts of ordinances in conflict therewith; and to provide an effective date.
THE TOWNSHIP OF PERRY, SHIAWASSEE COUNTY, MICHIGAN ORDAINS:
SECTION 1: TITLE. The ordinance shall be known as and may be cited as the Perry Township Prohibition of Marihuana Establishments Ordinance.
SECTION 2: DEFINITIONS. Words used herein shall have the definitions as provided for in Initiated Law 1 of 2018, MCL333.27951, et seq., as may be amended.
SECTION 3: NO MARIHUANA ESTABLISHMENTS. Perry Township hereby prohibits all marihuana establishments within the boundaries of the Township pursuant to Initiated Law 1 of 2018, MCL 333.27951, et seq., as may be amended.
SECTION 4: VIOLATIONS AND PENALTIES.
- 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.
- A violation of this ordinance is a municipal civil infraction, for which the fines shall not be less than $100 (one hundred) nor more that $500 (five hundred), in the discretion of the Court. The foregoing sanctions shall be in addition to the rights of the Township to proceed at law or equity with other appropriate and proper remedies. Additionally, the violator shall pay costs which may included all expenses, direct and indirect, which the Township incurs in connection with the municipal civil infraction.
- Each day during which any violation continues shall be deemed a separate offense.
- In addition, the Township may seek injunctive relief against persons alleged to be in violation of this ordinance, and such other relief as may be provided by law.
- This ordinance shall be administered and enforced by the Ordinance Enforcement Officer of the Township or by such other person (s) as designated by the Township Board from time to time.
SECTION 5: SEVERABILITY. 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.
SECTION 6: REPEAL. All ordinance or parts of ordinances in conflict herewith are hereby repealed.
SECTION 7: EFECTIVE DATE. This ordinance shall take effect upon the day after the date of publication.
We certify that the foregoing Ordinance was duly enacted by the Township Board of the TOWNSHIP OF PERRY, SHIAWASSEE COUNTY, MICHIGAN, on the 5 day of June, 2019.
Mark Fulks, Supervisor
I, Kelly Schmidt, Clerk of the TOWNSHIP OF PERRY, SHIAWASSEE COUNTY, MICHIGAN, DO HEREBY CERTIFY that the Prohibition of Recreational Marihuana Establishments Ordinance, was properly adopted by the Township Board of the TOWNSHIP OF PERRY, SHIAWASSEE COUNTY, MICHIGAN, and that all proceedings were regular and in accordance with all legal requirements.
Kelly Schmidt, Township Clerk
Date: June 5, 2019