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A regular meeting of the Township Board of the Township of Palmyra, Michigan, was held in the Board Room in said Township on the 13th day of December, 2018.
James Isley, Supervisor, presided.
BOARD MEMBERS PRESENT: James Isley, Christine Whited, Matt Koester, Perry Pooley, Steve Papenhagen
BOARD MEMBERS ABSENT: None
The following Ordinance was introduced by Board Member James Isley and Seconded by Board Member Perry Pooley.
Whereas, the Board wishes to establish a Prohibition of Marihuana Establishments Ordinance within the Township of Palmyra.
PROHIBITION OF RECREATIONAL MARIHUANA ESTABLISHMENTS
An ordinance to provide a title for the ordinance; to define words; to prohibit marihuana establishments within the boundaries of the Township of Palmyra 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 PALMYRA
This ordinance shall be known as and may be cited as the Township of Palmyra Prohibition of Marihuana Establishments Ordinance.
Words used herein shall have the definitions as provided for in Initiated Law 1 of 2018, MCL 333.27951, et seq., as may be amended.
The Township of Palmyra 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.
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. A violation of this ordinance is a municipal civil infraction, for which the fines shall not be less than $100 nor more than $500, 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 include all expenses, direct and indirect, which the Township incurs in connection with the municipal civil infraction.
3. Each day during which any violation continues shall be deemed a separate offense.
4. 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.
5. This ordinance shall be administered and enforced by such other person(s) as designated by the Palmyra Township Board from time to time.
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.
All ordinance or parts of ordinances in conflict herewith are hereby repealed.
This ordinance shall take effect December 13, 2018.
The above Ordinance was voted upon by the Board and declared adopted, the Board voting as follows:
YES: James Isley, Christine Whited, Matt Koester, Perry Pooley, Steve Papenhagen
James Isley, Supervisor
Christine Whited, Clerk (572)