Township of Three Oaks, MI
Berrien County
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[HISTORY: Adopted by the Township Board of the Township of Three Oaks 12-10-2018 by Ord. No. 54; amended in its entirety 6-10-2019 by Ord. No. 55. Subsequent amendments noted where applicable.]
This chapter shall be known as and may be cited as the "Three Oaks Township Prohibition of Marihuana Establishments Ordinance" to opt out of Initiated Law 1 of 2018 (MCLA § 333.27951 et seq.).
Words used herein shall have the definitions as provided for in Initiated Law 1 of 2018, (MCLA § 333.27951 et seq.), as may be amended.
Three Oaks Township hereby prohibits all marihuana establishments within the boundaries of the Township pursuant to Initiated Law 1 of 2018, (MCLA § 333.27951 et seq.), as may be amended.
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 chapter. A violation of this chapter is deemed to be a nuisance per se.
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 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 pursuant to MCLA § 600.8727.
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 chapter, and such other relief as may be provided by law.
This chapter 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.
The provisions of this chapter 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 chapter, which shall continue in full force and effect.
All ordinance or parts of ordinances in conflict herewith are hereby repealed.
This chapter shall take effect the 31st day after publication.
This chapter or a summary shall be published as required by law in a newspaper of general circulation in the Township, promptly after its adoption, and shall be recorded in the Code book of the Township, and such recording authenticated by the signatures of the Township Supervisor and Township Clerk.