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TOWNSHIP OF SPRINGDALE

 

COUNTY OF MANISTEE, STATE OF MICHIGAN

 

ORDINANCE  NO.  2019 - 1

 

PROHIBITION OF MARIHUANA ESTABLISHMENTS ORDINANCE

 

An ordinance to prohibit marihuana establishments within the boundaries of Springdale Township pursuant to Initiated Law 1 of 2018, 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 SPRINGDALE

 

 MANISTEE COUNTY, MICHIGAN ORDAINS:

 

 

 

SECTION I:  TITLE

 

This ordinance shall be known as and may be cited as the Springdale Township Prohibition of Marihuana Establishments Ordinance.

 

 

 

SECTION II:  DEFINITIONS

 

 

 

Words used herein shall have the definitions as provided for in Initiated Law 1 of 2018, as it may be amended and codified.

 

 

 

SECTION III: NO  MARIHUANA ESTABLISHMENTS

 

 

 

Springdale Township hereby prohibits all Marihuana Establishments within the boundaries of the Township pursuant to Initiated Law 1 of 2018, Section 6, as may be amended and codified.

 

 

 

SECTION IV:  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.      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 enforcement of 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 the Ordinance Enforcement Officer of the Township, the Manistee County Sheriff’s Department, or by such other person (s) as designated by the Township Board from time to time.  All of these persons have the authority to issue municipal civil citations and to take all other actions to enforce this ordinance.

 

 

 

SECTION V:  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.  

 

 

 

SECTION VI:  REPEAL

 

 

 

All ordinance or parts of ordinances in conflict herewith are hereby repealed.

 

 

 

SECTION VII:  EFFECTIVE DATE

 

 

 

This Ordinance shall become effective thirty (30) days following its publication in a newspaper of general circulation within the Township.

 

 

 

Upon roll call vote, the following voted:

 

 

 

YEAS:  Judy Wheelock, Penny Nelson, Keith Moore

 

NAYS:  Brian Moore, Richard Hitchingham

 

This page last updated on 8/4/2019.
 
Springdale Township, Manistee County, Michigan