[HISTORY: Adopted by the Village Council of the Village of
Baroda 12-3-2018 by Ord. No. 197. Amendments noted where applicable.]
This chapter shall be known as and may be cited as the "Baroda
Village Prohibition of Marihuana Establishments Ordinance" to opt
out of Initiated Law 1 of 2018.
Words used herein shall have the definitions as provided for
in Initiated Law 1 of 2018, as may be amended.
Baroda Village hereby prohibits all marihuana establishments
within the boundaries of the Village pursuant to Initiated Law 1 of
2018, as may be amended.
A.Â
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.
B.Â
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 Village 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 Village incurs in connection with the municipal civil infraction
pursuant to MCL 600.8727.
C.Â
Each day during which any violation continues shall be deemed a separate
offense.
D.Â
In addition, the Village may seek injunctive relief against persons
alleged to be in violation of this chapter, and such other relief
as may be provided by law.
E.Â
This chapter shall be administered and enforced by the Ordinance
Enforcement Officer of the Village or by such other person(s) as designated
by the Village Council 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 ordinance 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hereby repealed.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 21st day after publication.
