City of New Buffalo, MI Chapter 22 Marihuana Establishments

[HISTORY: Adopted by the City Council of the City of New Buffalo 12-17-2018 by Ord. No. 233. Amendments noted where applicable.]

Section 22-1 Title.

This chapter shall be known as and may be cited as the "City of New Buffalo Marihuana Establishments Ordinance."

Section 22-2 Definitions.

Words used in this chapter shall have the same meanings as in Initiated Law 1 of 2018, also known as the Michigan Regulation and Taxation of Marihuana Act, unless the context clearly indicates otherwise. The remainder of this chapter refers to Initiated Law 1 of 2018 as the MRTMA.

Section 22-3 Marihuana establishments prohibited.

Marihuana establishments are prohibited in the City until such time as the City Council amends this chapter to allow one or more establishments.

Section 22-4 Violations and penalties.

A. Any person who disobeys, neglects, or refuses to comply with any provision of this chapter 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 chapter is deemed to be a nuisance per se.

B. A violation of this chapter 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 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.

C. Each day during which any violation continues shall be deemed a separate offense.

Section 22-5 Study by Planning Commission.

As of the adoption of this chapter, the legalization of marihuana is a new phenomenon in Michigan that presents unique opportunities and challenges for local governments. The intent of this chapter is to prohibit marihuana establishments on at least a temporary basis in order to allow further study of the issue. The Planning Commission is hereby directed to:

A. Study the City's options for authorizing and regulating marihuana establishments under the Act;

B. Hold at least one public hearing to seek input from the public; and

C. Prepare and submit a report to the City Council by December 1, 2019, with a recommendation as to whether the City should authorize one or more types of marihuana establishments. If the Planning Commission recommends authorization, the report shall outline, in general terms, recommended regulations.