[Ord. 1153, 2/6/2017]
The purpose of this Part is to establish a process and standards
for the establishment, construction, and operations of medical marijuana
facilities, pursuant to the Pennsylvania Medical Marijuana Act (PA
Act 16, 2016) to allow for the integration of an allowed industry while
providing for the protection of the public's health, safety,
morals, and general welfare.
[Ord. 1153, 2/6/2017]
See Chapter
27, Part
2, Definitions, §
27-202, Terms Defined, of this chapter of the Emmaus Borough Code.
[Ord. 1153, 2/6/2017]
Any owner, operator, or other person who violates or permits
a violation of this chapter shall, upon being found liable therefor
in a civil enforcement proceeding before a Magisterial District Judge,
pay the Borough of Emmaus a fine of not more than $500, plus all court
costs, including but not limited to reasonable attorney's fees
incurred by the Borough of Emmaus on account of such violation. No
penalty or cost shall be imposed until the date the determination
of the violation by the Magisterial District Judge becomes final.
If the defendant neither pays nor timely appeals the judgment, the
Borough of Emmaus may enforce the judgment as provided by the law.
Each fine imposed shall be multiplied by the number of such days and
may be charged and collected by the Borough of Emmaus without further
judicial proceedings. Further, the appropriate officers or agents
of the Borough of Emmaus are hereby authorized to issue a cease-and-desist
notice and/or to seek equitable relief, including injunctions, to
enforce compliance herewith. No bond will be required if injunctive
relief is sought by the Borough of Emmaus. A person who violates this
Part shall also be responsible for the Borough of Emmaus attorney's
fees, engineering fees, expert fees, and court costs reasonably incurred
by the Borough of Emmaus on account of such violation.