[HISTORY: Adopted by the City Council of the City of Bridgman 12-3-2018 by Ord. No. 2018-203. Amendments noted where applicable.]
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.
Editor's Note: See MCLA § 333.27951 et seq.
The MRTMA, Section 6.1, specifically allows municipalities to completely prohibit recreational marihuana establishments within their boundaries. As such, the City of Bridgman desires to completely prohibit all of the marihuana establishments authorized under the MRTMA within the boundaries of the City of Bridgman. To this end, the City of Bridgman adopts this chapter to prohibit every type of recreational marihuana establishment allowed under the MRTMA within the corporate boundaries of the City.
As used in this chapter, the following terms shall have the meanings indicated:
- The City of Bridgman.
- MARIHUANA ESTABLISHMENT
- 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, or any other commercial business that sells, tests, processes, or transports marihuana or marihuana-infused products.
- The Michigan Regulation and Taxation of Marihuana Act of 2018.
All marihuana establishments of every nature or type are completely prohibited within the corporate limits of the City of Bridgman pursuant to the MRTMA, Section 6.1.
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 City shall also be authorized to recover any costs and attorney fees necessary to enforce this chapter under this section.
Any violation of any provision of this chapter is hereby declared to be a public nuisance, and the City may seek enforcement of the 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 MCLA § 600.2940, which shall include the City'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 City 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 seven days after its enactment and publication.