[HISTORY: Adopted by the Village Council of the Village of
Michiana 5-10-2019 by Ord. No. 2019-01. Amendments noted where applicable.]
A.
On November 6, 2018, voters in the State of Michigan adopted by ballot
proposal the Michigan Regulation and Taxation of Marihuana Act of
2018 ("MRTMA"), which defines different license types for recreational
marihuana establishments. These are establishments of a commercial
nature where recreational marihuana can be grown, processed, transported,
tested for safety, and sold to paying customers.
B.
The MRTMA; Section 6.1, specifically allows municipalities to completely
prohibit recreational marihuana establishments within their boundaries.
As such, the Village of Michiana Council desires to completely prohibit
all of the marihuana establishments authorized under the MRTMA within
the boundaries of the Village of Michiana. To this end, the Michiana
Village Council adopts this chapter to prohibit every type of recreational
marihuana establishment allowed under the MRTMA within the corporate
boundaries of the Village of Michiana.
As used in this chapter, the following terms shall have the
meanings indicated:
A marihuana grower with a Class A, B, and/or C license, a
marihuana safety compliance facility, marihuana processor, marihuana
microbusiness, marihuana retailer, marihuana secure transporter, and/or
any other type of marihuana-related business licensed by the State
of Michigan Department of Licensing and Regulatory Affairs under the
MRTMA.
The Michigan Regulation and Taxation of Marihuana Act of
2018.
The Village of Michiana.
All marihuana establishments of every nature or type are completely
prohibited within the corporate limits of the Village of Michiana
pursuant to the MRTMA, Section 6.1.
A.
Any violation of this chapter shall be a municipal civil infraction,
subject to payment of a civil fine of not more than $500 for each
day that a violation exists. A second or subsequent violation may
be punished by a fine of not more than $1,000 per day for each day
that a violation exists. The Village shall also be authorized to recover
any costs and attorney fees necessary to enforce this chapter under
this section.
B.
Any violation of any provision of this chapter is hereby declared
to be a public nuisance, and the Village may seek enforcement of this
chapter by suit for injunction, damages, or any other appropriate
legal or equitable action as against a public nuisance, at the expense
of the property owner where the violation occurred pursuant to MCL
600.2940, which shall include the Village's actual costs and
attorney fees, all of which may be charged as a lien against the premises
where the violation has occurred or is occurring. Any such civil action
may be in addition to any prosecution for violations of this chapter
as a municipal civil infraction. Commencement of any individual proceeding
under this section shall not constitute an election of remedies, and
the Village shall remain free to elect any available remedy to enjoin
the public nuisance, either at law or in equity.
The several provisions of this chapter are declared to be separate;
if any court shall hold that any section or provision hereof is invalid,
such holding shall not affect or impair the validity of any other
section or provision of this chapter.
This chapter shall be published as required by law and shall
take effect immediately after its enactment and publication.
